The draft law on asset declarations strengthens the sanctions regime applicable to taxable persons. This text provides for strict measures against anyone who refuses to declare, omits part of their assets, or provides false information. For the State, the new governance approach consists of considering that asset declarations must necessarily constitute an instrument for combating corruption, beyond illicit enrichment.

Here's what offenders risk.

 

 

 

Article 13.- Except in cases of force majeure, failure to comply with the obligation to declare entry or update, after formal notice from the anti-corruption body by bailiff's writ or any other appropriate means, which has remained unanswered after one (1) month, shall result in the sanctions provided for in Article 16 of this law. If the person subject to the obligation falls into a category of public officials benefiting from special protections linked to their status, the exercise of a mandate or the establishment of a rule of irremovability, a monthly deduction equivalent to one-quarter (1/4) of their total monthly remuneration shall be made until they provide proof of fulfillment of the obligation.

 

The amounts resulting from the aforementioned withholding tax are paid into the Public Treasury. The terms and conditions for the mobilization and repayment of these withholding taxes are set by decree. Without prejudice to the aforementioned withholding tax, failure to declare entry or update constitutes misconduct, which may lead to the dismissal of the defaulting agent under the conditions provided for by the applicable laws and regulations. If the person liable is an elected official of the local authorities, the anti-corruption body notifies the competent authority of the refusal to declare, which, without delay, suspends the person concerned by a reasoned order for a period not exceeding three (3) months and informs the anti-corruption body thereof.

 

In the event of inaction by the competent authority, the anti-corruption body shall inform the President of the Republic. Upon expiry of this three (3) month period, if the elected official does not put an end to the situation that led to the suspension, he shall be dismissed by reasoned decree on the proposal of the competent authority. If the person subject to the Act falls within the category referred to in Section 3 of the Annex to this Act, the anti-corruption body shall recommend to the President of the Republic the dismissal of the person in question. If the person subject to the Act falls within the central, decentralized, or decentralized administrations or public or parapublic sector bodies, he shall be dismissed from his duties by the appointing authority within thirty (30) days of notification by the anti-corruption body.

 

Article 14.- The sanctions referred to in Article 16 of this law are applied to the taxable person in the event of an entry declaration remaining incomplete six (6) months after its first submission and after a formal notice from the anti-corruption body remaining without response after two (2) months.

 

Article 15.- Any taxpayer who produces a false or inaccurate declaration of assets or who deliberately fails to declare part of his assets is liable to a prison sentence of six (6) months to four (4) years and a fine at least equal to the value of the assets in question. Any taxpayer who fails to justify the changes in his assets is liable to the penalties provided for illicit enrichment.

 

Article 16.- Except in cases of force majeure, failure to comply with the obligation to declare assets upon entering or leaving office, after a formal notice from the anti-corruption body which has remained unanswered after one (1) month, is punishable by imprisonment of six (6) months to four (4) years and a fine representing one third of the last assets declared. A ban on holding public and elective office may be imposed as an additional penalty.

 

Article 17.- The sanctions referred to in Article 16 of this law are applied to any taxable person whose exit declaration remains incomplete two (2) months after its submission and after a formal notice from the anti-corruption body remains unanswered after one (1) month.

 

Article 18.- The asset declaration procedure is confidential. Any person involved in its implementation is bound by professional secrecy.

Any breach of the confidentiality of the declaration of assets and interests, any manipulation or attempt to alter or modify its content, whether by third parties or persons responsible for its reception, processing or verification, is punishable by the penalties provided for by laws and regulations.