Law 25.188 ON ETHICS IN THE PUBLIC SERVICE BUENOS AIRES, September 29, 1999 OFFICIAL BULLETIN, November 1, 1999 Outstanding
Regulatory Decree National Decree 164/99 (B.O. 01/07/00) TOPIC PUBLIC OFFICERS-PUBLIC-USE OF PUBLIC ETHICS-PUBLIC DUTIES OF EMPLOYEE-INFRINGEMENT OF PUBLIC OFFICIAL DUTIES
The Senate and Chamber of Deputies of Argentina in Congress assembled, etc.., Enact as law:
GENERAL QUANTITY OF ITEMS THAT MAKE THE STANDARD 48 NRO. ART. ESTABLISHING THE EFFECTIVE DATE: 43 OBSERVATIO N: IN ARTICLE 43 OF THIS ACT ESTABLISHING THE FOLLOWING DURATION: Chapters I, II, V, VI, VIII, IX and X of this Act shall become effective eight days publication. The rules contained in Chapters III and IV of this Act shall become effective thirty days after publication. The rules contained in Chapter VII shall apply within ninety days of the publication of the law, or from the date the regulation comes into force referred to in Article 22 if it were prior to the fulfillment of that term. NOTE: For Res 17/00 of 01/07/00 of the Ministry of Justice and Human Rights, the Anti-Corruption Bureau is the implementing authority of this Act (BO 01/10/00).
CHAPTER I Purpose and Subject (items 1 to 1) Article 1 - This law of ethics in the performance of the public establishes a set of duties, prohibitions and incompatibilities applicable without exception to all people who work in public office at all levels and hierarchies, permanently or temporarily, by popular election, direct appointment, by competition or by any other legal means, extending them to all the judges, officials and state employees. Is defined as public, any temporary or permanent, paid or honorary activity, performed by a person on behalf of the
State or the service of the State or its institutions, at any level of its hierarchy.
CHAPTER II Duties and standards of ethical behavior (Articles 2 to 3) Article 2 - Subjects covered by this Act are required to comply with the following duties and standards of ethical behavior: a) strictly comply with and enforce the Constitution, the laws and regulations issued in pursuance thereof, and defend the republican and democratic system of government, b) Serve with the observance and respect for the principles and ethical guidelines laid down in this Law: Honesty, integrity, honesty, good faith and austerity Republican c) Ensure in all his actions by the state's interests, aimed at satisfying the general welfare, thus favoring the public interest thereon; d) Not receive any improper personal benefit linked to the performance, delay or omission an act of his or her duties, or impose special conditions that result in it; e) Base your actions and show greater transparency in the decisions without restricting information unless a rule or the public interest so require clearly, f) To protect and conserve state property and assets used only for purposes authorized. Refrain from using information acquired in the performance of their duties for activities not related to their official duties or to allow its use for the benefit of private interests; g) Refrain from using the facilities of the State for private gain or that of family, friends or people outside the official function, to endorse or promote any product, service or company; h) Observe in procurement procedures involving the principles of openness, equality, competition and fairness, i ) refrain from intervening in any matter for which you are covered by one of the causes of disqualification under the law of civil procedure.
SECTION 3 - All those included in Article 1 shall comply as a condition of tenure, a behavior consistent with public ethics in the performance of their duties. If they fail to do so will be punished or removed by the procedures established in the regime of its function.
CHAPTER III Affidavits scheme (Articles 4 to 11) ARTICLE 4 - The persons referred to in Article 5 of this Act, shall submit a comprehensive estate affidavit within thirty days from taking office. They must also update the information contained in that affidavit annually and submit a final statement, within thirty days from the date of cessation of office.
ARTICLE 5 - Included under the obligation to submit the affidavit: a) The president and vice president of the Nation; b) Senators and Members of the Nation; c) The judges of the Judiciary of the Nation; d) The judges of the Public Prosecutor's Office; e) The Ombudsman's Office and Deputy ombudsman f) The 2
head of cabinet of ministers, ministers, secretaries and deputy secretaries of the Executive; g) The federal auditors h) The Receiver General's Office and Deputy General Trustees of the Comptroller General's Office, the president and general auditor of the Auditor General's Office, the higher powers of regulatory agencies and other bodies that make up the control systems the national public sector bodies and members of administrative tribunals; i) Members of the Judicial Council and Impeachment Jury j) The ambassadors, consuls and officials on official mission abroad permanently, k) personal activity of the Armed Forces, Federal Police of Argentina, the National Gendarmerie, the Coast Guard Argentina and the Federal Penitentiary Service, with rank of colonel or less not equivalent; l) The rectors, deans and secretaries of the national universities; m) Officials or employees with category or function not less than the director or equivalent service at the National Public Administration, centralized or decentralized, self-sufficient entities, banks and financial institutions in the formal system, managed by social work the State, state enterprises, companies and staff of the state with similar status or function, appointed at the proposal of the state in mixed companies, in joint stock companies with state participation and other public sector entities, n) officials auditors employees of federal, category or function with no less than the director or equivalent o) The staff of the agencies identified in paragraph h) of this section, rated not less than the director or equivalent, P) A public official or employee responsible for granting administrative licenses for the exercise of any activity, as well as any public official or employee responsible for controlling the operation of such activities or to exercise any control under the police power, q) Officials integrated control bodies of the privatized utilities, with rank not lower than that of director; r) personnel working in the legislature, with the rank not lower than that of director; s) Personnel services meet the National Judicial Power and the Public Prosecutor's Office, rated not less than Secretary or equivalent, t) Any public officer or employee committees to integrate the award of tenders, purchase or receipt of goods, or participates in the decision making bids or purchases; u) Any public official who has the function to manage a public or private property, or to control or monitor the revenue regardless of their nature; v) Directors and managers of the entities subject to external control National Congress, in accordance with Article 120 of Law 24,156, where the National Commission of Public Ethics requires them.
Article 6 - The affidavit must contain a detailed list of all property, own the declarant's own spouse, the marital community to integrate, those of the partner, which if integrated into society and made their minor children at home or abroad. In particular detailing those listed below: a) Real property and improvements have been made on such property; b) movable recordable c) Other property, determining 3
its value as a whole. If one of them exceeds the sum of five thousand dollars ($ 5,000) must be individualized; d) Capital invested in bonds, shares and other marketable securities or not, which farms or personal or corporate e) Amount of deposits with banks or financial institutions, savings and temporary domestic or foreign, cash holdings or foreign currency. In closed and sealed envelope shall indicate the name of the bank or financial institution concerned and the numbers of the checking, savings, safe deposit boxes, credit cards and extensions you have. This envelope will be reserved and may only be returned at the request of the authority described in Article 19 or courts; f) Loans and mortgages, collateral or common; g) annual income and expenses arising from working as employees or exercise of independent and / or professional, h) Income and expenses arising from annual income or pension systems. If required to file the affidavit was registered in the system of income tax or personal property not included in the economic process, must also accompany the final presentation has taken place before the Internal Revenue Service; i) In the case of subparagraphs a), b) c) d) of this Article shall also be shown the value and the acquisition date, and source of funds applied to each purchase.
ARTICLE 7 - The affidavits shall be deposited in the respective agencies must submit, within thirty days, certified copy to the National Commission of Public Ethics. The lack of reference within the prescribed period, without good cause, shall be considered serious misconduct of the officer responsible for the area.
ARTICLE 8 - People who have not submitted their affidavits in due time, shall be summoned by a reliable authority by the receipt to do so within fifteen days. Failure of such intimation shall be considered serious misconduct and will result in appropriate disciplinary action, without prejudice to any other penalties that may apply.
ARTICLE 9 - People who have not submitted his affidavit to graduate from the public in due time, shall be summoned in a reliable way to do so within fifteen days. If the summoned fails to comply with the filing of the statement may not hold public office again, without prejudice to any other penalties that may correspond.
ARTICLE 10 - The list of the affidavits of the persons mentioned in Article 5 shall be issued within ninety days in the Official Gazette. At any time any person may inspect and obtain copies of the affidavits 4
submitted by the body due to the registered and deposited, after submitting a written request indicating: a) Full name, document, occupation and address of the applicant; b) Name and address of any other person or organization on whose behalf the declaration is sought; c) The purpose motivating the request and the destination to be given to the report, and d) The statement that the applicant aware of the contents of Article 11 of this law relating to abuse of the affidavit and the penalty for anyone who requests it and give it an illegal use. Applications submitted will also be available to the public in the period during which the affidavits must be preserved. ARTICLE 11. - The person accessing an affidavit by the procedure under this Act may not use it for: a) Any unlawful purpose; b) Any commercial purpose, except the news media and for dissemination to the general public; c) Determining or establishing the credit rating of any individual, or d) Make, directly or indirectly, a request for money for political, charitable or otherwise. Any illegal use of an affidavit shall be liable to the penalty of a fine of five hundred dollars ($ 500) to ten thousand dollars ($ 10,000). The body empowered to apply this penalty is only the National Public Ethics Commission created by this law. The penalties imposed for violations of the provisions of this Article may be appealed in court before the courts of first instance in Federal Administrative Litigation. The regulations establish a procedure that guarantees the right sanction defense of persons under investigation for the commission of the offense provided in this article.
Background Chapter IV (Articles 12 to 12) ARTICLE 12. - Those officials whose access to public service is not a direct result of universal suffrage in the affidavit will include your work history for the sole purpose of facilitating better control over potential conflicts of interest that may arise.
CHAPTER V Incompatibilities and Conflict of Interest (Articles 13 to 17) ARTICLE 13. - Is incompatible with the exercise of public functions: a) direct, manage, represent, sponsor, advise, or otherwise, who provide services to manage or have a license or a supplier of state, or perform activities regulated by it provided the public office has played a direct functional competence in respect of recruitment, procurement, management or control of such concessions, benefits or activities, b) be a supplier itself or by third parties of any agency of the State in which to perform its tasks .
ARTICLE 14. - Those officials who have taken decisive intervention in the planning, development and realization of privatization or concessions of public utility companies, have forbidden their actions in the regulatory bodies or committees of these companies or services.
ARTICLE 15. - The disqualifications and incompatibilities established in the preceding Articles shall apply to all its effects, although its causes occurring prior to or at admission or discharge of a public official during the year immediately before or after, respectively.
ARTICLE 16. - These incompatibilities shall be without prejudice to those that are identified in the specific arrangements for each function.
ARTICLE 17. - When the acts issued by the subject of Article 1 to be hit by cases of Articles 13, 14 and 15 shall be null and void, without prejudice to the rights of third parties in good faith. In the case of the issuance of an administrative act, it will be absolutely null and void under the terms of Article 14 of Law 19,549. Contracting firms or contractors shall be jointly responsible for the repair of damages for such acts will cause the state.
CHAPTER VI Rules of gifts to public officials (Articles 18 to 18) ARTICLE 18. - Public officials may not receive gifts, gifts or donations, whether of things, services or property by reason of or during the performance of their duties. In the event that the gifts are of usual diplomatic courtesy or enforcement authority will regulate the registration and in which cases and how they should be incorporated into State property, to be intended for purposes of health, social work and education or the capital historical-cultural if applicable.
CHAPTER VII Summary Prevention (Articles 19 to 22) ARTICLE 19. - In order to investigate cases of unjust enrichment in the public and violations of duties and the regime of affidavits and incompatibilities established by this Act, the National Public Ethics Commission shall conduct a summary prevention.
ARTICLE 20. - Research will be promoted at the initiative of the Commission, at the request of higher authorities of the investigation or complaint. The regulations shall establish the procedure for the due defense of the rights of defense. The investigation shall be informed of the purpose of research and is 6
entitled to offer evidence deemed relevant to the exercise of his defense.
ARTICLE 21. - When in the course of processing the presumption arises summary preventing the commission of a crime, the commission shall immediately put the case before the competent judge or prosecutor, forwarding the evidence gathered. The summary statement of prevention is not a requirement detrimental to the conduct of criminal proceedings.
ARTICLE 22. - Within ninety days from the publication of this Act, the regulations shall be given to prevention pertains summary provided in this chapter.
CHAPTER VIII National Public Ethics Commission (Articles 23 to 25) ARTICLE 23. - Believe in the area of the National Congress, the National Commission of Public Ethics will work and act as an independent body with functional autonomy, in ensuring compliance with the provisions contained in this Act.
ARTICLE 24. - The Commission shall consist of eleven members, citizens of recognized prestige and public records, which may not belong to the body that appointed and serve for four years in its function may be reelected for a period. Be appointed as follows: a) One by the Supreme Court's Office; b) One by the Executive Office; c) One by the Attorney General's Office; d) Eight citizens to be appointed by joint resolution of both Houses of Congress adopted by two thirds of the members present, two of whom shall be: a proposal of the Ombudsman's Office, and the other a proposal from the Auditor General's Office.
ARTICLE 25. - The Commission shall have the following functions: a) To receive complaints from persons or entities legally registered intermediary with regard to conduct of officers or agents of the administration contrary to public ethics. Complaints must be accompanied by documentation and all other evidence to substantiate that. The Commission shall forward the record to the competent body according to the nature of the case and may recommend under gravity, the preventive suspension in function or in office, and their treatment in strict time limit b) To receive complaints of inaction enforcement agencies, the complaints against them initiated, if necessary by promoting the action of the corresponding accountability procedures; c) Draft Regulation on Public Ethics of the National Congress, according to the criteria and general principles of Article 2, the background v national matter 7
input from specialized agencies. This body of law to be raised to the Congress of the Nation for approval by joint resolution of both Houses; d) To receive and where appropriate require enforcement agencies copies of the affidavits of the officials mentioned in Article 5 and keep them up to ten years after the termination of the function e) Ensure compliance with the provisions of Articles 10 and 11 of this law and apply the penalty provided for in the latter, f) Register with a public administrative and judicial sanctions applied for violations of this law, which shall be communicated by the competent authority; g) To advise and consultations, without binding effect on the interpretation of situations covered by this law; h) To propose to the National Congress within 120 days of enactment of this Act, amendments to existing legislation to ensure transparency in Government Contracting System and improve the System of Financing of Political Parties and Electoral Campaigns i) Develop and promote programs training and dissemination of the contents of this Act for personnel covered by it; j) To require cooperation of the various departments of the national state, within its competence, in order to obtain the information necessary for the performance of their duties; k ) issue its own rules and elect their authorities; l) Prepare an annual report giving a public account of their work and must ensure their dissemination; m) Require, when deemed appropriate, the submission of affidavits relating to the subject covered by Article 5, paragraph v) of this Act;
CHAPTER IX Amendments to the Criminal Code (Articles 26 to 39) ARTICLE 26. - NOTE TO EDITORS: (AMENDMENT OF CRIMINAL CODE)
ARTICLE 27. - NOTE TO EDITORS: (AMENDMENT OF CRIMINAL CODE)
ARTICLE 28. - NOTE TO EDITORS: (AMENDMENT OF CRIMINAL CODE)
ARTICLE 29. - NOTE TO EDITORS: (AMENDMENT OF CRIMINAL CODE)
ARTICLE 30. - Is replaced the heading of Chapter VI of Title XI of Book II of the Criminal Code by the following: "Chapter VI - Bribery and influence peddling."
ARTICLE 31. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 32. - NOTE TO EDITORS (AMENDMENT OF CRIMINAL CODE) 8
ARTICLE 33. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 34. - EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 35. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 36. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 37. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 38. EDITORIAL NOTE (AMENDMENT OF CRIMINAL CODE)
ARTICLE 39. - NOTE TO EDITORS (AMENDMENT OF CRIMINAL CODE)
Chapter X Publicity and dissemination (Articles 40 to 42) ARTICLE 40. - The National Commission of Public Ethics and enforcement authorities where appropriate, may make advertising by any means it deems necessary, according to the characteristics of each case and the rules governing the same, the conclusions reached on the production of an act that is considered a violation of public ethics.
ARTICLE 41. - The enforcement authorities will promote ongoing training programs and dissemination of the contents of this Act and its regulations, that the people involved are adequately informed. The public ethics education will be implemented as an explicit part of all educational levels.
ARTICLE 42. - Publicity of events, programs, works, services and campaigns of public bodies must have an educational, informational or social orientation, unable to contain it, names, symbols or images involving personal promotion of the authorities or public officials .
CHAPTER XI Force and transitional provisions (Articles 43 to 48) ARTICLE 43. - The rules contained in Chapters I, II, V, VI, VIII, IX and X of this Act shall become effective on the eighth day of its publication. The rules contained in Chapters III and IV of this Act shall become 9
effective thirty days after publication. The rules contained in Chapter VII shall apply within ninety days of the publication of the law, or from the date the regulation comes into force referred to in Article 22 if it were prior to the fulfillment of that term.
ARTICLE 44. - The judges, public officials and employees made by the affidavits regime established by this law, which functions to effects found in the date on which the scheme was put into effect, submissions must meet within thirty days after such date.
ARTICLE 45. - Officials and employees who are covered by the incompatibilities established by this Act to the date of entry into force of these arrangements are to choose between their employment and activity incompatible, within thirty days that date.
ARTICLE 46. - The National Public Ethics Commission will take over the documentation that exists under the provisions of the decrees 7843/53, 1639/89 y494/95. Repealed Decree 494/95.
ARTICLE 47. - Are invited to the provinces and the Government of the Autonomous City of Buenos Aires to dictate rules on affidavits schemes, gifts and incompatibilities associated with the ethics of public service.
ARTICLE 48. Communicated to the Executive.
UNDERSIGNED Ruckauf-Pereyra-PIERRI Arandia Pardo Perez-Estrada.