What is the purpose of the restrictions on the acceptance of gifts?
Precise and transparent regulation of the acceptance of gifts reduces the possibility of unfounded allegations and mistrust in the official persons’ honesty in their discharging of public office, public service, or activity stemming from their position. By referring to legal provisions, an official person may avoid possible embarrassment or misunderstanding in accepting ceremonial gifts and traditionally or commonly presented at specific events, or when carrying out diplomatic activities whereby occasional gifts are presented in honour or recognition of the official person or their office.
Ceremonial and occasional gifts
Ceremonial and occasional gifts are defined in Paragraphs 2 and 3 of Article 30 of the Integrity and Prevention of Corruption Act (IPCA). Ceremonial gifts are gifts presented to official persons by foreign or domestic legal or natural persons at official events. Such gifts become the property of the official person’s employer regardless of their value.
Occasional gifts are gifts which are traditionally or typically given at certain events or in the course of the discharge of diplomatic activities. Their value must not exceed the value of €100, regardless of the gift’s form and the number of givers of a particular gift.
In case a gift is neither occasional nor ceremonial, the official person and their family member are obliged to inform the giver of the prohibition on the acceptance of gifts and reject the offered gift, or hand over the gift to the official person’s employer if the giver insists on giving the gift.
Official persons and their family members may not accept the gift:
- if the presenting or the acceptance of such a gift constituted a criminal offence;
- if accepting the gift is prohibited by law or regulation issued on its basis;
- if money, securities, gift vouchers, or precious metals are presented as a gift;
- if accepting the gift influenced or appeared to influence the impartial and objective performance of the official person’s public duties.
Any public-sector entity is required by law to maintain a list of received gifts, which lists the type and estimated value of the gift, the giver, and other circumstances in which the gift was presented. Gifts valued above €50 are to be recorded in the list. Public-sector entities are required to submit the list to the Commission for the Prevention of Corruption (the Commission) no later than on 31st March for the previous year using the electronic form accessible from the Commission’s web site. Prohibitions and restrictions regarding the acceptance of gifts apply only to commercial companies founded by an act. Public-sector entities in which the official persons and their family members received no gifts valued above €50 in the previous year are not required to submit the list of accepted gifts to the Commission.Catalogues of gifts received by bodies of the Republic of Slovenia
Restrictions on the acceptance of gifts apply to
The restrictions on the acceptance of gifts apply to official persons and their family members.
The following are official persons pursuant to the IPCA:
- holders of public office;
- officials in managerial positions and other public employees;
- employees of the Bank of Slovenia;
- managers, and members of the management and supervisory boards of public sector entities.
Family members according to the IPCA are spouses, children, adopted children, parents, adoptive parents, brothers, sisters, or any other persons living with an individual in a joint household or in a consensual union.
(Prohibition and limitations in the public sector relating to the acceptance of gifts)
(1) An official person may not accept gifts or other benefits (hereinafter: gifts) in connection with the discharge of the duties of their office or public service or in connection with their position. The prohibition to accept gifts in connection with the discharge of office duties or public service or in connection with the position shall also apply to the family members of the official person.
(2) Notwithstanding the preceding paragraph, an official person or their family member may, on behalf of the body for which the official person works, accept a ceremonial gift which, regardless of its value, shall become the property of their employer. Ceremonial gifts are gifts gifted by foreign or Slovenian legal or natural persons at official events.
(3) Notwithstanding paragraphs one and two of this Article, an official person may accept a gift that is traditionally or commonly presented at specific events (cultural events, ceremonies, events marking the end of education or training programmes, holidays, etc.) or when carrying out diplomatic activities whose value does not exceed EUR 100, regardless of the type of gift and the number of persons presenting the same gift.
(4) If the gift concerned is not as specified in paragraph two or three of this Article, the official person shall be obliged to inform the giver of the prohibition to accept gifts and reject the offered gift; the family member of the official person shall be obliged to do the same. If the giver insists on giving the gift, the official person or their family member shall be obliged to hand over the gift to the employer of the official person.
(5) Notwithstanding the provisions of this Article, the official person or their family member may not accept the gift:
– if giving or accepting such a gift is considered a criminal offence;
– if this is prohibited in accordance with another act or regulation issued on the basis thereof;
– if the gift constitutes cash, securities, gift vouchers or precious metals;
– if the acceptance of the gift influences or appears to influence the impartial and objective performance of the official person’s public duties.
(6) A public sector entity shall keep a list of received gifts containing data on the type and estimated value of the gift, the giver and other gift-giving circumstances. The gift list shall include gifts with a value exceeding EUR 50. A public sector entity shall be obliged to submit the gift lists pertaining to official persons, their family members and ceremonial gifts to the Commission by 31 March for the previous year using an electronic form available on the Commission’s website.
(7) The minister responsible for systemic regulation concerning the limitation of corruption shall adopt the rules defining the manner in which gifts are handled, the manner in which their value is determined, the manner in which the gift list is kept and other practical questions with regard to the implementation of this Article.
(8) The provisions of this Article shall not apply to companies in which the state or local communities are the controlling shareholders or have a prevailing influence, except those established on the basis of an act.