Go TO Content

About Sunshine Acts

  • data source:Control Yuan

Acceptance of Assets-Declaration by Public Functionaries

According to Article 4 of the Act on Assets-Declaration by Public Functionaries, the following officials shall report their assets to the Control Yuan:

  1. the President and vice President of the Republic of China
  2. the presidents and vice presidents of the five Yuans
  3. politically assigned officials
  4. paid senior advisors, national policy advisors and strategic advisors of the Office of the President
  5. senior ranking (of or above level 12 or the equivalent thereof) government organizations chiefs, managers of publicly run business organizations, chiefs and vice chiefs of main and branch public organizations, directors and supervisors who represent the government or public assigned judicial persons
  6. principals of educational institutions above public colleges and chiefs of their subordinate organizations
  7. heads of military units in every rank above major-general
  8. chiefs of government organization above the township (city) level elected in accordance with the Public Officials Election and Recall Act
  9. people’s representatives of every level
  10. senior-ranking (above level 12) judges and public prosecutors

According to Article 12 of the same law, those obligated to report assets who deliberately conceal them will be fined between NT $200,000 and $4 million. If it is discovered, following comparison of annual asset declaration reports, that the total income of a public functionary, his or her spouse, and their dependent children has more than doubled, the public functionary will be allowed a one month time period to supply an explanation. If the explanation is inadequate, unreasonable, or false, he or she will be fined between NT $150,000 and $3 million. In the absence of a proper reason, failure to report within the time limit, or deliberately providing a false report, will result in a fine between NT $60,000 and $1.2 million. After being notified to make the declaration or corrections, those who persist in neglecting to do so without proper reason, will be sentenced up to a year in prison or detention, or fined between NT $100,000 and $500,000. Additionally, according to Article 13 of the same law, those obligated to entrusted matters who do not do so within the time allotted, or who deliberately fail to do so, will be fined between 60,000 and 1.2 million.

Those still failing to do so after notification will be successively fined, according to the occurrence, between NT $100,000 and 2 million. Those who violate entrustment regulations (those entrusted), will be fined between NT $100,000 and $2 million. Following confirmation of their punishment, the names and actions of violators will be publicly posted on the Internet, government periodicals, and newspapers.

Act on Recusal of Public Servants Due to Conflicts of Interest

Paragraph 2 of Article 10 of the Act on Recusal of Public Servants Due to Conflicts of Interest obliges public servants to recuse conflicts of interest and to notify in writing to organs designated by Article 4 of the Act on Property-Declaration by Public Servants. Article 12 of the Act on Recusal of Public Servants Due to Conflicts of Interest also states that if a public servants does not recuse conflicts of interest, then the interested parties shall, according to the position of the public servants, apply for recuse conflicts of interest at the organ where the public servant serves. If the public servant is the chief of an organ, the recuse of conflicts of interest should apply to his or her superior organ.

If there is no superior organ, the recusal of conflicts of interest shall apply to the Control Yuan. As with Articles 19 and 22 of the Act on Recusal of Public Servants Due to Conflicts of Interest, Paragraph 1 of Article 2 in the Act on Property-Declaration by Public Servants, the Control Yuan shall make investigations and impose penalties upon public servants who neglect to make property declarations to the Control Yuan, or who do not recuse or refuse to recuse, or if through their action or omission directly or indirectly obtain interests for themselves or those related to them.

When cases of penalties-imposition are confirmed, they will be posted on the Internet or published at government gazette or newspapers.

Handling the Approval, Change, and Closing Political Donation Accounts, and the Declaration of Political Donation Account Records

According to the Political Donations Act, the Control Yuan is responsible for handling political donation disclosures. Political parties, political groups and candidates shall open political donation accounts at banks or post offices. They shall also note the name of the bank or post offices, address, account number and account name then report to the Control Yuan. After approved by the Control Yuan, the account can be used for collecting political donations. The Control Yuan shall make a public announcement following approval. Each political party, group, or candidate shall have only one account, which shall not be changed or closed without the approval of the Control Yuan. Based on the stipulations, the accounting reports of the political parties and groups shall be sent to the Control Yuan for disclosure within five months of the end of the report year , and shall be audited and commented on by CPAs. The accounting reports of candidates shall be sent to the Control Yuan for disclosure within three months after the voting date. If a candidate receives an amount exceeding NT $10 million, he or she shall entrust CPAs with auditing and commenting. The Control Yuan shall, within three months of handling the disclosure, collect accounting reports and list them in a booklet for perusal. An income and expenditure statement of accounting reports will be published in government periodicals or newspapers and posted on the Internet. Violators will be subject to criminal or administrative penalizations.

Handling Registration for the Application, Change, or Termination of Lobbying Cases, and the Declaration of Financial Receipt Statements

The so-called “lobbying” of the Lobbying Act refers to a lobbyist attempting to influence the lobbied, or its angency, in regards to the formulation, enactment, modification or annulment of laws, government policies, or legislation. He or she expresses opinion either orally or in writing; either directly to the lobbied party or to its designee.

The Control Yuan is the disciplinary organ for the president, vice president, legislators of representative bodies at various levels, or those designated by the Paragraph 1 of Article 2 of the Articles of Political Appointees Pension Statues who are guilty of violating the Lobbying Act. Aside from designating, according to the law, special units or personnel to handle cases, the Control Yuan also has established a special lobbying area on its website, publicly posting registration for the application, changing, or termination of lobbying cases and the reporting of financial statements and other related information.