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Sunshine Acts

Acceptance of Asset-Declaration by Public Functionaries

  • Hit: 6622

According to Article 2 of the Act on Asset-Declaration by Public Functionaries, the following officials shall report their assets to the Control Yuan:
* the President and vice President of the Republic of China
* the presidents and vice presidents of the five Yuans
* politically assigned officials
* paid senior advisors, national policy advisors and strategic advisors of the Office of the President
* senior ranking (of or above level 12 or the equivalent thereof) government organizations chiefs, managers of publicly run business organizations, chiefs and vice chiefs of main and branch public organizations, directors and supervisors who represent the government or public assigned judicial persons
* principals of educational institutions above public colleges and chiefs of their subordinate organizations
* heads of military units in every rank above major-general
* chiefs of government organization above the township (city) level elected in accordance with the Public Officials Election and Recall Act
* people’s representatives of every level
* senior-ranking (above level 12) judges and public prosecutors

According to Article 12 of the same law, those obligated to report assets who deliberately conceal them will be fined between NT $200,000 and $4 million. If it is discovered, following comparison of annual asset declaration reports, that the total income of a public functionary, his or her spouse, and their dependent children has more than doubled, the public functionary will be allowed a one month time period to supply an explanation. If the explanation is inadequate, unreasonable, or false, he or she will be fined between NT $150,000 and $3 million. In the absence of a proper reason, failure to report within the time limit, or deliberately providing a false report, will result in a fine between NT $60,000 and $1.2 million. After being notified to make the declaration or corrections, those who persist in neglecting to do so without proper reason, will be sentenced up to a year in prison or detention, or fined between NT $100,000 and $500,000. Additionally, according to Article 13 of the same law, those obligated to entrusted matters who do not do so within the time allotted, or who deliberately fail to do so, will be fined between 60,000 and 1.2 million.

Those still failing to do so after notification will be successively fined, according to the occurrence, between NT $100,000 and 2 million. Those who violate entrustment regulations (those entrusted), will be fined between NT $100,000 and $2 million. Following confirmation of their punishment, the names and actions of violators will be publicly posted on the Internet, government periodicals, and newspapers.