The president, ministers, MPs and other state officials in Cyprus would have to declare their assets every 30 months, rather than only on taking up and leaving office, under a bill put out to public consultation by the Ministry of Justice and Public Order.
The bill, drafted by the Law Commissioner, aims to allow more frequent checks on officials’ income and spending. It would require them to submit four asset declarations, known as pothen esches, over a five-year term: four months after taking office, after 30 months, after a further 30 months and before the end of their term.
Each interim declaration would include a statement of assets and liabilities, along with a statement of income and expenditure and a reconciliation statement explaining any increase or decrease in the official’s net worth since the previous declaration. The part of the declarations that the law already requires to be made public, including net worth, would also be published for the interim declarations.
The bill would close a gap in the law on failure to file. Until now only false declarations have been subject to checks; under the bill, the Tax Commissioner would also be able to act when officials fail to file or file late.
The Tax Commissioner would impose administrative fines of up to 5,000 euros, plus up to 100 euros for each day the delay or failure continues after the deadline, with a total cap of 50,000 euros. The commissioner would have to hear the official first, take into account how serious and lengthy the failure was, whether it was repeated and how far the official cooperated, and give reasons for the decision. Unpaid fines would be recovered through the courts as a civil debt owed to the Republic.
Checks on MPs’ declarations, currently carried out internally, would also pass to the Tax Commissioner.
Officials found during a special investigation to have submitted false information would commit a criminal offence, punishable on conviction by a fine of up to 5,000 euros, up to one year in prison, or both. A declaration containing a minor omission made in good faith would not be considered false.
If an official who has died is found to have submitted false information or failed to declare property, the undeclared assets would be treated as a suspect’s property under the anti-money laundering law. Officials who are separated from their spouse or partner and genuinely unable to obtain that person’s details, or to submit full and accurate information about them, would not face penalties.
The bill would also add the four assistant police chiefs to the list of officials required to declare their assets. Those in post when the law takes effect would have to do so within four months.
The changes would not affect current office holders, according to the source, although the bill contains transitional provisions for people already in office and for when the new system of penalties takes effect.
The bill is part of Cyprus’s efforts to comply with the recommendations of the fifth evaluation round of the Council of Europe’s Group of States against Corruption (GRECO).
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