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:
- the President and vice President of the Republic of China
- the presidents and vice presidents of the five Yuans
- politically assigned officials
- paid senior advisors, national policy advisors and strategic advisors of the Office of the President
- 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
- principals of educational institutions above public colleges and chiefs of their subordinate organizations
- heads of military units in every rank above major-general
- chiefs of government organization above the township (city) level elected in accordance with the Public Officials Election and Recall Act
- people’s representatives of every level
- 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 or published in government gazette or newspapers.
Act on Recusal of Public Servants Due to Conflicts of Interest
The Act on Recusal of Public Servants Due to Conflicts of Interest obliges public servants to prevent interest conflicts and to report in writing to the agencies in which they render service, the superior agencies, and the agencies appointing, electing or engaging to them, according to Paragraph 1 of Article 20 of the Act. Those agencies and organs shall compile and report the information about the public servant’s voluntary recusal, application for recusal, or recusal ordered ex officio in the previous year to the organ or entity with the jurisdiction as designated by the Control Yuan, within 30 days at the end of each year.
The Control Yuan shall impose fines upon public servants who do not prevent or refuse [interest conflict] prevention, or if through their action or inaction directly or indirectly create profit for themselves or those related to them. In addition, related persons of a public servant shall not seek interests for himself or for the said public servant by requesting relevant persons in the organ, or by other improper means.
A public servant and his or her related persons shall not conduct transactions such as subsidizing, sales, lease, contracting, or other transactions with the organ with which the public servant serves or the organs under his supervision, except in cases and in the manner prescribed by law.
When cases of fine-imposition are confirmed, they will be posted on the Internet or published in government periodicals.
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 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 or candidate shall have only one account, which shall not be changed or abolish without the approval of the Control Yuan. Based on the stipulations, the accounting reports of the political parties 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 six months after the deadline for declaration, collate the accounting reports for inquiry and publicize them over the internet. Violator will be subject to criminal or administrative penalizations.
Handling Registration for the Application, Change, or Termination of Lobbying Cases
The so-called “lobbying” of the Lobbying Act refers to a lobbyist attempting to influence the lobbied, or its agency, 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.