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News > Intervention on Prevention and Managing conflicts of interest and assets disclosure sysytem


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Intervention on Prevention and Managing conflicts of interest and assets disclosure sysytem

Intervention on Agenda item (2)

Prevention: Managin conflicts of interest and

 Assets disclosure system

 

Madam Chair,

  • At the outset, allow me to congratulate you upon chairing this important meeting. I would like to take this opportunity to commend the Secretariat for high quality of organization of the meeting and for updating us with valuable information and report on agenda items of this meeting and I would also like to appreciate the panelists for their interesting presentations and the experiences they have shared with us.
  • States Parties of UNCAC by recognizing the challenges of corruption and believing to this common wisdom that prevention is better than cure have agreed to give an important chapter of convention to prevention.  In this regard, as stated in Article 5 of the Convention, States Parties are required to develop, implement and maintain effective and coordinated anti – corruption policies that promote and reflect the principles of the rule of law, proper management of public affairs and public property, integrity , transparency and accountability.
  • The Islamic Republic of Iran in line with its commitment to anti- corruption efforts has adopted significant preventive measures. In this context, our Constitution particularly Article 3 has established a favorable environment for growth of moral virtues based on faith and piety and struggle against all forms vice and corruption, raising level of public in all areas through the proper use of press and mass media and other means; planning correct administrative system and elimination of the superfluous government organization and poverty as well as for providing legal protection for all citizens.
  • In order to coordinate and lead implementation anti – corruption laws and policies at national level, the Anti – Corruption Headquarters as governmental anti – corruption administrator has been set up. The Headquarters is chaired by the premier Vice President, and all relevant governmental bodies are members thereof. The chief responsibility of the Headquarters includes setting policies and making coordination among three governmental branches regarding prevention and combating against corruption.  The Headquarters examines quality and sufficiency of the present laws and regulations and takes action to codify appropriate By – Laws and instructions and to communicate such laws and instructions to governmental bodies and interested entities after having identifies deficiencies and requirements.

Madam Chair,

  •  Managing conflicts of interest as fundamental anti – corruption element, is critical to prevent corruption. If the conflicts of interest are not recognized and controlled appropriately, they can undermine fundamental integrity officials, decisions, agencies and government, for this reasons, Article 7, Para 4 of the Convention required States Parties to endeavor to adopt, maintain and strengthen system that promote transparent and prevent conflict of interest.
  • On this issue, Iran has provided a legal and management framework for addressing conflicts of interest, feathering official’s code of conduct, regulations and guidelines for civil servants and transparent declaration systems. In this regard, Article 141 and 142 of the Constitution have established proper and powerful legal basis for managing conflicts of interest and a transparence declaration system. In accordance with Article 141 of the Constitution, the President, the Vice President, Ministers and civil servants may not hold more than one governmental position, and it is forbidden for them to have any kind of additional occupation in entities of which all or a part of the assets belong to the government or public institutions. They shall be barred from serving as members of the parliament, to practice as attorney at law or legal advisor, or to have the positions of President, managing director, or members of the board of the directors of any kind of private company.
  • By virtue of this article, bias and discriminatory behavior, disobedience in the performance of legal duties as well as provision of public services are prohibited.
  • In the context of Article 8, Para 5 of the Convention, which covers assets declaration, including on outside activities, employment, investment assets and substantial gifts or benefits that may resulted in a conflict of interest, the Iranian Act of Auditing Assets of Senior Officials and Governmental Authorities passed on 5 December 2015 by the Parliament, contains requirements for a transparent system to declare assets of senior officials, governmental authorities and service servants.  Under this Act, officials designated in article 142 of the Constitution shall disclose list of their assets and those of their spouses and children, at the beginning and end of their tenure and Judiciary will audit their assets in order to ascertain that such assets have not been unduly increased.  Where the assets of those authorities have been illegitimately and unfairly increased, and order will be issued and enforced, after consideration by the chief of Judiciary, for return of property to public treasury or to the owner.

 The Act has also established dissuasive sanctions for persons subject to this Act. For example, in case of violation or failing to submit list of assets by the dates specified without plausible excuse, they will be sentenced to dismissal and bar from working for government for a period from one year to two years, and in case of repetition, they will be sentenced to permanent dismissal and bar from employment by the government and institutions.  

Thank you very much Madam Chair.


14:11 - 6/09/2018    /    Number : 533631    /    Show Count : 4



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