IAAC: Public officials will report on conflicts of property, income and interest
May 16 (UB Post) The following is an interview with J.Batsaikhan, the head of the Inspection and Analysis Department of the Independent Authority Against Corruption (IAAC).
-By putting into effect the law on preventing conflicts of interest, the property and income report submission has to be carried out again. When and how will the report be submitted?
The law on interest came into effect on May 1st. In compliance with the law public servants will re-fill in the new form on interest conflicts and property and income reports. The draft form was approved by the parliament and we intend to finish the form completion before the Naadam Festival (July 11th to 13th). It is estimated that the forms will be cumulated and completed by August 15th.
-Does this mean that the official who originally reported the income will report it again?
-Yes, they will re-report. 58 thousand public servants will refill in the interest conflict report form. To be clear, they will fill both the property and income report form and interest conflict form as well.
-Will the candidates for the parliamentary election from the city and provinces fill in both forms?
-The candidates for all levels of the election will fill in only the income and property report form.
-Who are the public servant and what establishments do they serve? Previously people have criticised that servants such as drivers and janitors who are not necessary to report were included in the income and property report action and many State entities and organizations were requesting to eliminate the names from the list. How is this issue being managed?
-The Legal Standing Committee approved the name list of the public servants. People have criticized that some officials are involved in filling in the report forms when there is no need for them to report on conflicts of interest. For instance, the officer of the Defence Ministry is obviously a public servant. But it is not really necessary to report the income and property of the ministry's musicians, singers and sportsmen. So we have discussed this and eliminated the unnecessary officials of organizations from the name list.
-Previously 58 thousand high ranking state officials and servants used to report their income and property. How many public servants will fill in new forms according to the new law on conflicts of interest?
-8000 people out of 58 thousand were eliminated and around 50 thousand public officials are expected to complete the property and income report form and the form for interest conflict.
-Will IAAC conduct inspections and an analysis of the property and income reports of state high ranking officials and public servants, after reports have been finished? Will it be open to the public?
- It will be open to the public. The citizens will be provided with the relevant information. Our department used to inspect and do the analysis of property and income reports for state high ranking officials and the civil servants. We will carry on doing this in the future. The law clearly states about the responsibilities of public servants. So officials who misreported on the property, income and conflict of interest reports will be reprimanded.
-What kind of measures will be taken for officials who misreported intentionally or accidentally? Previously an official letter used to be sent to the head of the entity so they could take the correct measures and treat the offender correctly. But the head barely took any measures. Will it be changed according to the new law?
-If a civil servant breaks the anticorruption law or the law on conflict of interest, the servant will be demoted or their salary will be decreased by 30 percent during three months. If the servant repeats the act against the law, they will be fired. Furthermore, in case of serious and large violations of the law a criminal case will be initiated. The amount will start from 16 to 17 million MNT. If the servant can't explain where and how they got this amount of money, a criminal case will be initiated and the servant will be sentenced to jail if found guilty of corruption.
-Do foreign people who serve in the state organisation in Mongolia have to fill in the forms?
-The issues of foreign staff are also reflected in the new law. For example, the authorities appointed from Russia to Mongolia's Erdenet factory will be supervised. The government of the USA gave Mongolia certain amounts of money to reduce the air pollution. The Mongolian side should examine how that money is being used. So it means the heads of the Millennium Challenge have to report their income and property. Moreover there are people who aren't public servants but who makes decision relating to the public interest. For example, in the Development Bank there are a few foreign people on the Board of Directors of this bank. They are not public servants. But we have to supervise their operations because they are serving the public interest. The new law approved this opportunity. But this issue should be managed properly. There is an issue over whether to pursue Mongolia's laws and regulations or the international agreements. Also, some foreign people are working in certain establishments on private contracts.
-Some people criticize that the new law over invades people's private property and rights. But we have to implement the law. What are your thoughts on this?
-Public servants criticize that the new law reveals all their properties and assets to the public. It is not like that. It is the same as the previous property income report. If the servant reports truthfully, we won't dig and investigate. They don't have to worry. This law is fearful for corrupted servants and protects the loyal state officials. On the other hand the law once ratified will be implemented. In the past the IAAC worked aiming to accustom state officials to fill in the form and report their incomes and properties. And the IAAC could accustom it.
-What is the conflict of interest?
-Sukhbaatar province Council awarded one high ranking state official with the prize, Golden Fiddle, which is followed by 5 million MNT. The state official received the tribute and donated the monetary prize to the province's development. According to the law, if a high ranking state official receives a monetary gift that is higher than his or her monthly salary, the gift should be turned-over to the state or he or she should pay the price difference in tax. So this act will in fact be against the law.
-Customs officials observed the anniversary and gathered donations of 200,000 MNT from each company and organization that they cooperates with. All companies except one donated 200,000 MNT to the customs officials. The company who refused to donate money for the customs anniversary was mistreated by the customs for a whole year. So the next year that company decided to donate money on the custom's anniversary. This act demonstrates corruption and shows the act of using a state position for private interests.
-The event "Speed of Khotgoid-2010" dedicated to the 100th anniversary of Chingunjav, the leader of the Mongolian rebellion, was organized in Erdenet city. 1 billion MNT was issued for the event from the state budget and 367 million MNT of it was spent on erecting the monument. But the state officials carved their name and their party's name on a monument. This is the conflict of interest that gave people the impression that the monument that was funded by state money was a private investment.The law about preventing conflict of interests and managing private and public interest in the public services that was ratified by the parliament includes 12 types of limits and prohibitions; receiving donations, gifts, revealing service information, operating an enterprise, simultaneous employment and representing other entities.
-By putting into effect the law on preventing conflicts of interest, the property and income report submission has to be carried out again. When and how will the report be submitted?
The law on interest came into effect on May 1st. In compliance with the law public servants will re-fill in the new form on interest conflicts and property and income reports. The draft form was approved by the parliament and we intend to finish the form completion before the Naadam Festival (July 11th to 13th). It is estimated that the forms will be cumulated and completed by August 15th.
-Does this mean that the official who originally reported the income will report it again?
-Yes, they will re-report. 58 thousand public servants will refill in the interest conflict report form. To be clear, they will fill both the property and income report form and interest conflict form as well.
-Will the candidates for the parliamentary election from the city and provinces fill in both forms?
-The candidates for all levels of the election will fill in only the income and property report form.
-Who are the public servant and what establishments do they serve? Previously people have criticised that servants such as drivers and janitors who are not necessary to report were included in the income and property report action and many State entities and organizations were requesting to eliminate the names from the list. How is this issue being managed?
-The Legal Standing Committee approved the name list of the public servants. People have criticized that some officials are involved in filling in the report forms when there is no need for them to report on conflicts of interest. For instance, the officer of the Defence Ministry is obviously a public servant. But it is not really necessary to report the income and property of the ministry's musicians, singers and sportsmen. So we have discussed this and eliminated the unnecessary officials of organizations from the name list.
-Previously 58 thousand high ranking state officials and servants used to report their income and property. How many public servants will fill in new forms according to the new law on conflicts of interest?
-8000 people out of 58 thousand were eliminated and around 50 thousand public officials are expected to complete the property and income report form and the form for interest conflict.
-Will IAAC conduct inspections and an analysis of the property and income reports of state high ranking officials and public servants, after reports have been finished? Will it be open to the public?
- It will be open to the public. The citizens will be provided with the relevant information. Our department used to inspect and do the analysis of property and income reports for state high ranking officials and the civil servants. We will carry on doing this in the future. The law clearly states about the responsibilities of public servants. So officials who misreported on the property, income and conflict of interest reports will be reprimanded.
-What kind of measures will be taken for officials who misreported intentionally or accidentally? Previously an official letter used to be sent to the head of the entity so they could take the correct measures and treat the offender correctly. But the head barely took any measures. Will it be changed according to the new law?
-If a civil servant breaks the anticorruption law or the law on conflict of interest, the servant will be demoted or their salary will be decreased by 30 percent during three months. If the servant repeats the act against the law, they will be fired. Furthermore, in case of serious and large violations of the law a criminal case will be initiated. The amount will start from 16 to 17 million MNT. If the servant can't explain where and how they got this amount of money, a criminal case will be initiated and the servant will be sentenced to jail if found guilty of corruption.
-Do foreign people who serve in the state organisation in Mongolia have to fill in the forms?
-The issues of foreign staff are also reflected in the new law. For example, the authorities appointed from Russia to Mongolia's Erdenet factory will be supervised. The government of the USA gave Mongolia certain amounts of money to reduce the air pollution. The Mongolian side should examine how that money is being used. So it means the heads of the Millennium Challenge have to report their income and property. Moreover there are people who aren't public servants but who makes decision relating to the public interest. For example, in the Development Bank there are a few foreign people on the Board of Directors of this bank. They are not public servants. But we have to supervise their operations because they are serving the public interest. The new law approved this opportunity. But this issue should be managed properly. There is an issue over whether to pursue Mongolia's laws and regulations or the international agreements. Also, some foreign people are working in certain establishments on private contracts.
-Some people criticize that the new law over invades people's private property and rights. But we have to implement the law. What are your thoughts on this?
-Public servants criticize that the new law reveals all their properties and assets to the public. It is not like that. It is the same as the previous property income report. If the servant reports truthfully, we won't dig and investigate. They don't have to worry. This law is fearful for corrupted servants and protects the loyal state officials. On the other hand the law once ratified will be implemented. In the past the IAAC worked aiming to accustom state officials to fill in the form and report their incomes and properties. And the IAAC could accustom it.
-What is the conflict of interest?
-Sukhbaatar province Council awarded one high ranking state official with the prize, Golden Fiddle, which is followed by 5 million MNT. The state official received the tribute and donated the monetary prize to the province's development. According to the law, if a high ranking state official receives a monetary gift that is higher than his or her monthly salary, the gift should be turned-over to the state or he or she should pay the price difference in tax. So this act will in fact be against the law.
-Customs officials observed the anniversary and gathered donations of 200,000 MNT from each company and organization that they cooperates with. All companies except one donated 200,000 MNT to the customs officials. The company who refused to donate money for the customs anniversary was mistreated by the customs for a whole year. So the next year that company decided to donate money on the custom's anniversary. This act demonstrates corruption and shows the act of using a state position for private interests.
-The event "Speed of Khotgoid-2010" dedicated to the 100th anniversary of Chingunjav, the leader of the Mongolian rebellion, was organized in Erdenet city. 1 billion MNT was issued for the event from the state budget and 367 million MNT of it was spent on erecting the monument. But the state officials carved their name and their party's name on a monument. This is the conflict of interest that gave people the impression that the monument that was funded by state money was a private investment.The law about preventing conflict of interests and managing private and public interest in the public services that was ratified by the parliament includes 12 types of limits and prohibitions; receiving donations, gifts, revealing service information, operating an enterprise, simultaneous employment and representing other entities.
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