ការប្រកាសប្រព្យសម្បត្តិ និងរំណុល
Declaration of Assets and Liabilities
Pech Pisey
Director of Programmes
Declaration of Assets and Liabilities
Under Cambodian Law on Anti-Corruption
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In 2007, Cambodia ratified to the
United Nations Convention Against
Corruption.
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In 2010, Law on Anti-Corruption was
promulgated:
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National Council Against Corruption
Anti-Corruption Unit
Budget under Council of Minister
2011, the law was amended:
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Independent Budget
All Corruption Offenses entry into forced
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Declaration of Assets and Liabilities
Upon taking and leaving offices, the
following persons shall, in writing or
electronic form, declare their assets
and liabilities, regardless of whether
those assets are inside or outside the
country, and shall submit, in person, to
Anti-corruption Unit. (Art 17)
1. Members of Senate, members of National Assembly, and
Members of the Royal Government
2. Appointed public officials with a specific mandate
3. Members of the National Council Against corruption,
chairperson, vice-chairpersons and all officials of the Anticorruption Unit
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Declaration of Assets and Liabilities
4. Civil servants, police, military
personnel and other public
servants appointed by Royal
Decrees or Sub-decrees
5. Other officials appointed by Prakas and decided by Anticorruption Unit ' s list of declaration on assets and liabilities,
after the consultation with National Council Against
corruption.
6. Trial judges, prosecutors, notary public,
7. Court clerks and bailiff.
8. Leaders of civil society.
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Declaration of Assets and Liabilities
Art 18: Regime of Declaration of Assets and
Liabilities
Declare every two years, in early Jan
Shall be done within 30 days after taking office.
Removal from office, declaration shall be made
within 30 days after leaving the office.
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Declaration of Assets and Liabilities
Article 19: Suspected non-listed person to
declare assets and liabilities
The suspect of corruption shall declare his/her
assets and liabilities
shall comply with the formalities and procedures
in Article 18 of this law.
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Declaration of Assets and Liabilities
Article 20: Documentation of the assets and liabilities
declaration
“shall be kept highly confidential.”
enclosed in separate envelopes, one to be kept
by the individual concerned and the other by the
Anti-corruption Unit.
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Declaration of Assets and Liabilities
Sealed and signed by the Chairperson of
Anti-corruption Unit, or a representative
The Chairperson can decide on the opening for
the sake of investigation as necessary.
Kept within Anti-corruption Unit for ten years
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Declaration of Assets and Liabilities
Article 38: Punishment for not declaring assets and liabilities
Failed to declare
1 Month and 1 Year in Prison
Fine from 100,000 Riel (25 USD)
to 2,000,000 Riel (500 USD)
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Declaration of Assets and Liabilities
Article 38: Punishment for not declaring assets and
liabilities
• is forced to declare
• If resisted double punishment.
• CSO leaders shall declare once informed
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Recommendations
AMEND THE ANTI-CORRUPTION LAW
 The asset declarations provisions should be amended
to:
-Remove the phrase ‘highly confidential’
-Add a clause that officials’ asset declarations will be
shared with the public (Article 20)
 Remove the provision that allows a prison
sentence for making a corruption complaint
(Article 41)
 Remove the provision that the Chairperson and ViceChairperson of ACU are appointed. Instead both
should be selected through an open, competitive
recruitment process (Article 11)
PASSING AN ACCESS TO INFORMATION LAW
• Ensure maximum disclosure of information
• Ensure the law applies to all persons indiscriminately
• Place obligations on public
information
bodies to disclose
 Access to information is core principle
of democracy. It enables people to
make better decisions and
informed investments, helping a
strong society to grow.
PASSING WHISTLEBLOWER PROTECTION ACT
• Ensure the protection of complainants and witness
• Ensure an easy
access to complaint
mechanism
Whistle Blower Protection Act helps to
ensure citizen engagement in the
fight against corruption, build public
trust and as a result ensure an
effective anti-corruption law
enforcement.
Thanks You!
Q&A
Together Against Corruption.