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Ethics Resource Materials Global Forum on Fighting Corruption Safeguarding Integrity Among Justice and Security Officials February 24-26, 1999, Washington, D.C. ETHICS RESOURCE MATERIALS Codes, Statutes and Financial Disclosure Forms Compiled by the U.S. Office of Government Ethics and the U.S. Department of State, in cooperation with the National Democratic Institute (NDI), American Bar Association Central and Eastern European Law Initiative (ABA/CEELI), Casals and Associates and the governments of Argentina, Canada, Germany, Nepal, the Philippines, South Africa and the United Kingdom. Crown copyright is reproduced with the permission of the Controller of Her Majesty's Stationery Office and the Cabinet Office. Tab Argentina Codigo de Etica de la Funcion Publica A An ethics code for executive branch employees Barbados B Code of Ethics for Royal Barbados Police Force Canada Conflict of Interest and Post-Employment Code C for Public Office Holders An ethics code administered by the Office of the Ethics Counselor Excerpts from the German Criminal Code D Statutes regarding corruption of public officials Prevention of Corruption E A directive applicable to federal public servants Georgia Special Anti-Corruption Service (Draft) F Statute for law enforcement agency Hungary Code of Ethics of Public Officials G An ethics code applicable to public officials Nepal Code of Conduct for Civil Servants (Draft) H An ethics code for civil servants Panama Ethical Principles for Public Servants I An executive decree for public servants Sworn Statement Of Assets, Liabilities, and J Networth; Disclosure Of Business Interests and Financial Connections and Identification of Relatives in the Government Service Financial disclosure form Philippines Code of Conduct and Ethical Standards for Public K Officials and Employees A code of ethics established by executive order Puerto Rico Government Ethics Law And Amendments L Code of ethics for public officials Informe Financier0 M Financial disclosure form for public servants South Africa Register of Members' Interests N Financial disclosure for members of parliament Code of Conduct in Regard to Financial Interests 0 Code of conduct for members of parliament Tanzania Public Leadership Code of Ethics P Ethics code for designated public leaders United Kingdom Ministerial Code Q Code of conduct for cabinet ministers Code of Conduct for Members of Parliament R Ethics guidelines for legislators TAB A Presidencia de la Nacibn Argentina Oficina National de Etica Pciblica CODIGO DE ETICA DE LA FUNCION PUBLICA i OFICINA NACIONAL DE ETICA PUBLICA l . .._ ,.,_,_ _.....,_ _-__ .__,______.____ _,__- _ ._. _- _,.-.._._.. _. ..-.--..- Presidencia de la Nacih Director Prof. Dr. Luis Nicolh Ferreira Balcarce 50 Tel/Fax: 344-3720 E-mail: [email protected] Subdirectora Dra. Amalia Mattio de Mascias Belgrano 748 Of. 73 Tel: 331-8487/88 E-mail: [email protected] CONSEJO A~ES~RDEETICAPUBLICA Dr. ALCHOURON, Guillermo Presidente de Origenes AFJP. Vicepresidente de la Cknara de Administradoras de Fondos de Jubilacibn y Pensih. (CAFJP) Ex-Presidente de la Sociedad Rural Argentina. Dr. ALTERINI, Jorge Horatio Presidente de la C&ma.ra National de Apelaciones en lo Civil de la Capital Federal. Vicepresidente de la Asociaci6n de Magi&ados de la Capital Federal. Profesor Titular Regular de la Universidad de Buenos Aires, Universidad Cat6lica Argentina y Universidad National de La Plata. Dr. AMEAL, Oscar Vicepresidente de1 Colegio Pliblico de Abogados de la Capital Federal. Profesor Titular Regular de la Universidad de Buenos Aires, Universidad Cat6lica Argentina, Universidad de1 Museo Social, Universidad de Belgrano. Miembro de1 Consejo de la Magistratura. Sr. BAEZ, Jo& Genaro Ex-Secretario de Gremiales e Interior de la Confederacih General de1 Trabajo de la Reptiblica Argentina. Ex-Secretario General de1 Sindicato de1 Seguro de la Reptiblica Argentina. Lit. BARYLKO, Jaime Decano de la Facultad de Humanidades de la Universidad Maimhides. BERAJA, Ruben Presidente de la Delegacih de Asociaciones Ssraelitas Argentinas. Sr. CROTTO, Enrique Presidente de la Sociedad Rural Argentina. Sra. EKMEKDJLAN de SARATSIAN, Maria Presidente de Incise - Intercambio Civico Social. Dr. GARROTE, Angel Femin Presidente de la Federation de Colegios de Abogados de la Republica Argentina. (F.A.C.A) Miembro de1 Consejo de la Magistratura. Sr. JAROSLAVSKY, Natin C&u- Diputado National M/C. 9-a. KRIEGER VASENA de CHOPITEA, Daisy F’residente de COAS - Cooperadora de Action Social. Vicepresidente de1 Foro de1 Sector Social. Prof. LAIRJO, Felix Hip6lito Presidente de la Academia National de Pehdismo. Dr. LOPEZ CABANA, Roberto Manuel Acadimico de Numero de la Academia Interamericana de Derecho IntemacionaI y Comparado. I%fesor Titular Regular de la Universidad de Buenos Aires, Universidad Catolica Argentina, Universidad de Belgrano, Universidad Notarial Argentina, Unkersidad Catolica de Santiago de1 Estero. hf. MACCAGNO, Amando Presidente Academia National de Medicina Decano de1 Cuerpo Medico Forense. Ratho MARABI, Marcos Centro Comunitario Shalom. Emb. ORTIZ de ROZAS, Carlos Presidente de la Fundacih Bunge y Born. Ex-embajador de la Reptiblica Argentina ante Egipto, Bulgaria, O.N.U., Gran Bretia, Italia, Francis y Estados Unidos. Dr. PAZ, Hipblito Ex-Mini&o de Relaciones Exteriores. Ex-Embajador de la Reptiblica Argentina en Estados Unidos, Grecia y Portugal. Dr. ROBLEDO, Angel Federico Presidente de la Comish NacionaI de Politicas y Estrategias de la Democracia. Ex-Ministro de Defensa National, de Relaciones Exteriores y Cult0 y de1 Interior. Ex-embajador de la Reptiblica Argentina ante Ecuador, Mixico y Brasil. Sra. RUEDA de URANGA, Silvia Presidente de la Asociacih Conciencia. Dr. SAVINO, Luis Maria Presidente de la Fundacih de Estudios Americanos. Sr. SEBASTIANI, Claudio Presidente de la Uni6n Industrial Argentina. Sra. SEGURA de MARTINI, Maria Rosa Presidente de1 Foro de1 Sector Social. 1 PARTE GENERAL CAPITULO I FIN DE LA FUNCION PUBLlCA ARTICULO lo.- BIEN COMUN. El fin de la fimcion publica es el bien comun, ordenado por las disposiciones de la Constitucibn National, 10s tratados intemacionales ratificados por la Nation y Ias normas destinadas a su regulation. El fkcionario publico tiene el deber primario de leahad con su pais a traves de las instituciones democraticas de gobiemo, con prioridad a sus vinculaciones con personas, partidos politicos o instituciones de cualquier naturaleza. CAPITULO II DEFINICIONES Y ALCANCES ARTICULO 2O.- FUNCION PUBLICA A 10s efectos de1 presente Codigo, se entiende por “fkcion publica” toda actividad temporal o permanente, remunerada u honoraria, realizada por una persona humana en nombre de1 Estado o al servicio de1 Estado o de sus entidades, en cualquiera de sus niveles jerarquicos. ARTICULO 3’.- FUNCIONARIO PUBLICO. A 10s efectos de1 presente C&ligo, se entiende por ‘Smcionario publico” cualquier fimcionario o empleado de1 Estado o de sus entidades, incluidos 10s que han sido seleccionados, designados o electos para desempem actividades o fimciones en nombre de1 Estado o al servicio de1 Estado, en todos sus niveles jer&rquicos. A taks efectos, 10s t&m&s O@kti?mN&d Lki%zz 96 “fimcionario”, “servidor”, “agente”, “oficial” o “empkado” se consideran sinonimos. ARTICULO 4”.- AMBITO DE APLICACION. Este Codigo rige para 10s fincionarios pliblicos de todos 10s organismos de la Administration Publica National, centralizada y descentralizada en cualquiera de sus formas, entidades autarquicas, empresas y sociedades de1 Estado y sociedades con participation estatal mayoritaria, sociedades de economia mixta, Fuerzas Armadas y de Seguridad, instituciones de la seguridad social de1 sector publico, bancos y entidades financieras oficiales y de todo otro ente en que el Estado National o sus entes descentralizados tengan participation total o mayoritaria de capital o en la formation de las decisiones societarias, asi coma tambien de las comisiones nacionales y 10s entes de regulation de servicios publicos. ARTICULO So.- INTERPRETACION. La Oficina National de Etica Publica es el organ0 facultado para dictar las normas interpretativas y aclaratorias de1 presente Codigo. Los dictknenes e instrucciones escritas emitidos por la Oficina National de Etica Publica son obligatorios para quienes 10s hubieran requerido o fueran sus destinatarios. El fkncionario que ajuste su conducta a tales dictknenes o instrucciones queda exento de responsabilidad Utica y de sancion administrativo-disciplinaria, salvo 10s cases en que hubiera violation evidente de la ley. ARTICULO 6’.- COMPROMISO. El ingreso a la fimcion publica implica tomar conocimiento de1 presente Codigo y asumir el compromise de su debido cumplimiento. ARTICULO 70.- CONSULTAS. En aquellos cases en 10s cuales objetiva y razonablemente se genere una situacih de incertidumbre con relacih a una cuestih concreta de naturaleza &ica, el fhcionario pliblico debe consultar a la Oficina National de Etica fibha. CAPITULO III PRINCIPIOS GENERALES ARTICULO go.- PROBIDAD. El fimcionario pliblico debe actuar con rectitud y honradez, procurando satisfacer el inter& general y desechando todo provecho o ventaja personal, obtenido por si o por interposita persona. Tambien estd obligado a exterior-k una conducta honesta. ARTICULO 90.- PRUDENCIA. El fbncionario publico debe actuar con pleno conocimiento de las materias sometidas a su consideration, con la r&ma diigencia que un buen administrador emplearia para con sus propios bienes. El ejercicio de la fiurcion publica debe inspirar confianza en la comunidad. Asimismo,
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