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Income and Asset Declarations UNCAC Conference Edition Gary Reid J. Stuart Gilman Stephanie Trapnell Stephanie Ruxandra Burdescu Ruxandra TOOLS AND TRADE-OFFS AND TOOLS INCOME AND ASSET DECLARATIONS: AND ASSET DECLARATIONS: INCOME Stolen Asset Recovery ConfeRenCe ediTion Income and Asset Declarations: Tools and Trade-offs Stolen Asset Recovery (StAR) Initiative Income and Asset Declarations: Tools and Trade-offs November 2009 Washington, D.C. Disclaimer This volume is a product of the staff of The World Bank and the United Nations Of- fice of Drugs and Crimes (UNODC). The findings, interpretations, and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Contents Foreword .......................................................................................................................................... ix Executive Summary......................................................................................................................... xi About this Publication ....................................................................................................................xv Methodology ............................................................................................................. xvi Consultation and Follow-Up .................................................................................. xvi Acknowledgments ........................................................................................................................xix Acronyms and Abbreviations ....................................................................................................xxiii Chapter 1. Asset and Income Disclosure Systems: Overview and Main Recommendations .......................................................................................... 1 1.1. Introduction...........................................................................................................1 1.2. Asset Declarations and Stolen Asset Recovery ............................................2 AD Systems and Politically Exposed Persons (PEPs) ..................................3 1.3. Building an Effective AD System: Summary of Findings ..............................4 1.3.1. Clearly defined goals are important ..................................................4 1.3.2. Addressing conflict of interest vs. illicit enrichment ........................4 1.3.3. AD systems are far from standardized: Context matters .................6 1.3.4. Public availability of information vs. confidentiality: An on-going debate ............................................................................9 1.3.5. Comprehensive vs. targeted coverage: Important trade-offs to consider ........................................................................................10 1.3.6. The importance of proportionate and enforceable sanctions for non-compliance .........................................................................13 1.3.7. AD systems need to be anchored in a Code of Ethics and/or Criminal Code ..................................................................................16 1.3.8. Effective enforcement of sanctions is vital to the credibility of AD systems ...................................................................................18 v Income and Asset Declarations: Tools and Trade-offs 1.3.9. Implementation of the AD system: Institutional and technical considerations ..................................................................................19 1.4. Establishing the Credibility of the System with Stakeholders .................21 1.4.1. Managing expectations ....................................................................21 1.4.2. Leadership is crucial to the successful adoption and administration of AD systems .........................................................22 1.4.3. Ensuring the stability of the system: The “ACT” Approach ...........22 1.4.4. The importance of communication for combating resistance and building buy-in .........................................................................25 Chapter 2. “In-Law” Study of Asset and Income Disclosure Systems ................... 27 Introduction .................................................................................................................27 2.1. History of AD Legislation ...................................................................................28 2.2. Asset Declaration In-Law Findings through the WBG Public Accountability Mechanisms (PAM) Initiative ......................................................28 2.2.1. Existence of AD legal framework ....................................................30 2.2.2. Coverage of the law ..........................................................................33 2.2.3. Content and comprehensiveness of declarations ...........................34 2.2.4. Filing frequency requirement ..........................................................37 2.2.5. Sanctions for non-compliance ........................................................38 2.2.6. Monitoring Compliance ..................................................................40 2.2.7. Content verification .........................................................................41 2.2.8. Public access to declarations ............................................................42 Chapter 3. In-Practice Case Studies of Asset and Income Disclosure Systems ...................................................................................... 47 3.1. Introduction.........................................................................................................47 3.2. Management and Accountability ...................................................................48 Facilities .......................................................................................................48 Technology ..................................................................................................51 Human Resources .......................................................................................57 Financial Resources .....................................................................................60 Regulatory management .............................................................................62 Monitoring and reporting ..........................................................................64 vi Contents 3.3. Enforcement ........................................................................................................68 Enforcement Structures ..............................................................................69 Submission Compliance .............................................................................70 Verifying the Content of Declarations .......................................................74 Investigations ..............................................................................................76 Sanctions .....................................................................................................80 Use of public access to asset declarations ..................................................81 Conclusion ......................................................................................................................... 85 Glossary.............................................................................................................................. 87 Annexes.............................................................................................................................. 91 Annex 1. Review of Literature on Asset and Income Disclosure .....................93 Annex 2. PAM Methodology ..................................................................................107 Annex 3. In-Law Indicators ....................................................................................117 Annex 4. In-Practice Indicators ............................................................................123 Annex 6. Minutes of the Consultation with Practitioners Workshop of March 31, 2009 on Income and Asset Declaration Guide ...........131 Annex 7. List of Contacts for Practitioners’ Consultation ................................139 Annex 8. Bibliography .............................................................................................143 Annex 9. Photographs of AD Facilities and Procedures ..................................149 Figures Figure 1. History of Asset Disclosure Regulation in a Sample of 74 Countries. (See Annex 5 for a list of countries) .............................29 Figure 2. Existence of Legal Framework for Asset Disclosure Using the World Bank Income Classification .................................................30 Figure 3. Existence of AD Legal Framework across Political Systems and Category of Public Official ..............................................................32 Figure 4. Type of Legal Framework ........................................................................32 vii Income and Asset Declarations: Tools and Trade-offs Figure 5. Coverage of Public Officials in Countries with Legal Frameworks Governing Asset Disclosure .........................................33 Figure
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