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THE NATIONAL INTEGRITY AGENCY __________________________________________________________________________________________

NA TIONAL INTEGRITY AGENCY. THE NATIONAL INTEGRITY AGENCY ___________________________________________________________________________________________________ ROMANIAN SYSTEM OF VERIFYING ASSETS, INCOMPATIBILITIES AND POTENTIAL CONFLICTS OF INTERESTS. www.integritate.eu PAGE 1.

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THE NATIONAL INTEGRITY AGENCY __________________________________________________________________________________________

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  1. NATIONAL INTEGRITY AGENCY THE NATIONAL INTEGRITY AGENCY ___________________________________________________________________________________________________ ROMANIAN SYSTEM OF VERIFYING ASSETS, INCOMPATIBILITIES AND POTENTIAL CONFLICTS OF INTERESTS www.integritate.euPAGE 1

  2. NATIONAL INTEGRITY AGENCY LEGISLATIVE FRAMEWORK • The main legal basis for the system of assets, conflict of interests and incompatibilities:  • Law no. 176/01.09.2010 regarding the integrity in exercising the public officials and dignities, in order to modify and complete Law no 144/2007 regarding the establishment, organization and operation of the National Integrity Agency as well as for the modification and completion of other normative acts; • Law no. 144/2007 on the establishment, organization and operation of the National Integrity Agency, republished - after the publication of Law no. 176/2010; • Law no. 115/1996 regarding the declarations of assets and controlling the wealth of public officials, magistrates, public servants and persons with leading positions - after the publication of Law no. 176/2010; • Law no. 161/2003 concerning some measures for ensuring transparency in exercising public office, public functions and in the business environment, the prevention and punishment of corruption; NATIONAL INTEGRITY AGENCY (ANI) www.integritate.euPAGE 2

  3. NATIONAL INTEGRITY AGENCY MAIN COMPETENCES Receive, collect, collate and process data and information in regard to the existing wealth while exercising public positions, incompatibilities and conflicts of interest of persons holding public positions; Assess the wealth statements and declarations of interest; Take actions and apply penalties provided by law in their jurisdiction; Evaluate the timely submission of the wealth statements and declarations of interest by persons covered by this law; Evaluate significant differences between the changes appeared in the wealth during the exercise of public positions and the income during the same period; Assesses conflict of interests or incompatibility of persons holding public office or dignity; Prepare assessment reports where, after assessment, identifies the elements of infringement on the regime of wealth statement, conflicts of interests, respectively the incompatibilities. Prepare assessment reports where, after assessment, identifies elements of infringement on the regime of wealth statement, conflicts of interests, respectively of incompatibilities and, where appropriate, disciplinary law, and criminal offenses; www.integritate.euPAGE 3

  4. NATIONAL INTEGRITY AGENCY PERFORMING ITS ATTRIBUTIONS • A.N.I. HAS ACCESS TO ALL DOCUMENTS/RECORDS • FROM PUBLIC AUTHORITIES OR ANY OTHER • PUBLIC OR PRIVATE PERSONS • within maximum 30 WORKING DAYS • after the institution’s official request: • Within the entities in which persons are • required to submit in accordance with law, • wealth statement and declaration of interests, there will be designated persons responsible to ensure the implementation of legal provisions in regard to the wealth statement and declaration of interests. • FAILURE TO RESPOND TO THE REQUESTS OF THE AGENCY is punishable by CIVIL FINE OF LEI 200 FOR EACH DAY OF DELAY. www.integritate.euPAGE 4

  5. NATIONAL INTEGRITY AGENCY CATEGORIES OF PERSONS WHO HAVE THE OBLIGATION TO DECLARE INTERESTS AND ASSETS www.integritate.euPAGE 5

  6. NATIONAL INTEGRITY AGENCY DECLARATIONS OF ASSETS AND INTERESTS ThePortal of assets and interests declarations (http://declaratii.integritate.eu) has anumber of 1.956.726 statements submitted to the National Integrity Agency, according to the Law 144/2007, republished - after the publication of Law no. 176/2010, related to tax years 2007, 2008 and 2009. DECLARATIONS OF ASSETS include his/ her assets, common assets, joint assets, as well as those of dependent children. DECLARATIONS OF INTERESTS include functions and activities held in according with Law no. 176/2010 also contracts (including legal aid, consultancy and civil, obtained or in progress while exercising their functions, mandates or public dignities financed from the state, local and foreign funds or agreements with state-owned companies or where the state is shareholder/ minority). www.integritate.euPAGE 6

  7. NATIONAL INTEGRITY AGENCY CONFLICT OF INTERESTS AND INCOMPATIBILITIES CONFLICT OF INTERESTSrepresents the circumstances in which a person exercising a public dignity or a public position has a personal interest of patrimonial nature, which could influence the objectivity in fulfilling its tasks. INCOMPATIBILITYaccording to the definition provided by the doctrine, represents a legal prohibition under which a person may not hold simultaneously two functions which by their nature exclude each other. In case of conflict of interests, legal or administrative acts concluded directly or through intermediaries, in violation of the law, are absolutely void, disciplinary sanctions could inclusively lead to dismissal. In addition, the person who breached the laws on conflict of interests is deprived of the right of exercising a public function or dignity, except those elected for a period of up to 3 years from the date of issuance or removal from the public office or dignity. The ban is disposed on the Agency's request, by the competent court, as additional penalty, in case of seizure of assets acquired or a determined good, or in the case of conflicts of interests. Conflicts of interests are regulated by the Penal Code and the provisions of Law no. 161/2003, with amendments and completions. Incompatibilities on public dignities and public functions are regulated by the Constitution, by the law applicable to public authority or institution in which persons exercising a public dignity or a public office operates, and the provisions of Law no. 161/2003, with amendments and completions. The act of a person to who the incompatibility state was ascertained constitutes grounds for dismissal or after the case, disciplinary violation and shall be sanctioned under applicable legislation on dignity, function or activity. www.integritate.euPAGE 7

  8. NATIONAL INTEGRITY AGENCY EVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIES • The Agency will perform the EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION by any individual or legal entity. • The assessment of conflicts of interest and incompatibilities will be done during the performance of public dignities and within three years after termination. • For the President and the Vice President of the Agency and its personnel, wealth statement assessment activities, interests and incompatibilities will be conducted by the National Integrity Council. After evaluating the declaration of interests and other data and information, if the integrity inspector identifies items that represent a conflict of interests or incompatibility, he informs the person concerned and invites him to present a point of view and any relevant act or information he considers necessary to clarify the situation (the information and the invitation will be sent by post, with confirmation receipt). If the person under evaluation doesn`t express the point of view issued on the situation found by the integrity inspector, orally or in writing, or he expresses an irrelevant point of view, following a period of 15 days after the confirmation of the information receipt by the person under assessment, the integrity inspector elaborates an evaluation report, if he still considers that there are elements that confirm a conflict of interests or incompatibility. The assessment report will be communicatedwithin 5 days of completion to the person subject of assessment and, where appropriate, to the fiscal authorities, to the criminal and disciplinary investigation authorities. www.integritate.euPAGE 8

  9. NATIONAL INTEGRITY AGENCY APPLICABLE SANCTIONS • THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY ASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURT. • If the incompatibility assessment report was not challenged within the period specified, THE AGENCY NOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGS. • If appropriate, THE AGENCY NOTIFIES WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO ANNUL THE ISSUED DOCUMENTS ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL PROVISIONS REGARDING THE INCOMPATIBILITIES. • THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE STATE OF INCOMPATIBILITY OR CONFLICT OF INTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSAL or, where appropriate, IT`S CONSIDERED MISCONDUCT and it is punishable under the rules applicable for dignity, public position, or respective activity. www.integritate.euPAGE 9

  10. NATIONAL INTEGRITY AGENCY APPLICABLE SANCTIONS • THE PERSON REMOVED FROM OFFICE towards which it was found the existence of a conflict of interests or incompatibility LOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITY FOR A PERIOD OF THREE YEARS AFTER REMOVAL FROM OFFICE, or PUBLIC DIGNITY, or FROM THE DATE THE MANDATE ENDED. IF THE PERSON HAS OCCUPIED AN ELIGIBLE POSITION, IT CANNOT OCCUPY THE SAME POSITION FOR A PERIOD OF THREE YEARS OF MANDATE TERMINATION. • If the person no longer has a public office or a dignity when it is found the state of incompatibility or conflict of interests, THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL ASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISION confirming the existence of a conflict of interests or a state of incompatibility. • NON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITION, as appropriate, where the notice of determination has become final, is a CONTRAVENTION and is PUNISHED WITH FINE FROM LEI 50 TO LEI 2,000, if the action is an offense. www.integritate.euPAGE 10

  11. NATIONAL INTEGRITY AGENCY Address:Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code 010661, 1st Sector, Romania Phone:+40-37-206 98 69 Fax: +40-37-206 98 88 Mobile: +40-734 14 11 11 E-mail: ani@integritate.eu; integritate@gmail.com URL Website: http://www.integritate.eu THANK YOU FOR YOUR TIME! NATIONAL INTEGRITY AGENCY TIRANA – ALBANIA – 20-21 OF JANUARY, 2011 www.integritate.euPAGE 11

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