Assets of officials

Declaration of assets

The supervision of the assets of persons with obligations is one of the basic conditions for the transparency of and trust in public office, and is as such an inseparable element of the integrity of the public sector. The monitoring and supervising assets promotes and strengthens the transparency in the processes and procedures of the implementation of powers, the discharge of duties of office, and the management of public affairs. Accordingly, the rules contained in the IPCA regarding the monitoring and supervision of assets are binding for a wide group of persons with obligations.

The following entities are obliged to submit the list of persons with obligations:

  • bodies in which persons with obligations are employed;
  • contracting authorities which operate in accordance with regulations on public procurement;
  • the Government of the Republic of Slovenia and the National Assembly for the citizens of the Republic of Slovenia who hold office in EU institutions, other EU bodies and other international institutions to which they have been appointed or elected on the basis of secondment or a proposal from the Government of the Republic of Slovenia or the National Assembly.

Persons with the obligation to declare assets are as follows

  • professional officials;
  • non-professional mayors and deputy mayors (but not municipal councillors);
  • high-ranking civil servants, i.e. directors-general, secretaries-general of ministries, heads of ministerial departments, heads of government offices, heads of administrative units, and the directors or secretaries of municipal administrative bodies;
  • managers, i.e. directors and members of the collective management bodies of public agencies, public funds, public institutes, public utility institutes, and other entities governed by public law which are indirect users of the government budget or the local community budget, as well as public undertakings and private companies in which a controlling interest or a dominant influence is held either by the State or a local community;
  • persons responsible for public procurement – persons who are appointed by the contracting authorities to an expert commission responsible for the award of public contracts, and who decide upon, adopt and propose the contents of tender documentation, evaluate bids or submit proposals to the contracting authorities on the selection of bidders for public contracts, which, pursuant to the law regulating public procurement, require the completion of a public procurement procedure, with the exception of the small purchase contract award procedure, and for public contracts which do not require the completion of a public procurement procedure if the value of the contract is equal to or exceeds the cost of completion of the tender collection procedure by prior publication, regardless of whether or not these contracts or parts of public contract documentation are marked with a security classification marking pursuant to the law regulating classified information. The persons responsible for public procurement shall also be those persons who, under this definition, participate in public procurement and do not have an employment relationship with the contracting authority;
  • civil servants of the National Review Commission for Reviewing Public Procurement Award Procedures;
  • citizens of the Republic of Slovenia who hold office in EU institutions, other EU bodies and other international institutions to which they have been appointed or elected on the basis of secondment or a proposal from the Government of the Republic of Slovenia or the National Assembly and whose obligation to declare their assets is not otherwise regulated by the documents of EU institutions, EU bodies and other international institutions for which they perform duties of the office.

With the implementation of the Slovenian Sovereign Holding Act (published: Official Gazette of the Republic of Slovenia no. 25/14) the following were added to the persons with obligations to communicate information on assets to the Commission:

  • members of the management board of the Slovenian Sovereign Holding (hereinafter: SSH),
  • members of the supervisory board of the SSH,
  • procurators of the SSH,
  • the compliance officer,
  • members of the management boards, members of the supervisory bodies, and procurators of companies in which the SSH has a majority stake or prevailing influence.
  • Persons with obligations (with the exception of persons responsible for public procurement, and civil servants of the National Review Commission for Reviewing Public Procurement Award Procedures) communicate the information on their assets to the Commission in full immediately, and by no later than within one month after taking or ceasing to hold the office or post.
  • Persons responsible for public procurement communicate the information on their assets to the Commission once a year, specifically by 31st January of the current year for the previous year if, in the previous year, they participated in a public procurement procedure. Full information on the assets is to be communicated as a rule.
  • By the same token, civil servants of the National Review Commission for Reviewing Public Procurement Award Procedures communicate the information on their assets to the Commission once a year, specifically by 31st January of the current year for the previous year. Full information on the assets is to be communicated as a rule.

Provisions of the IPCA

Article 41

(Obligation to declare assets)

(1) Persons with obligations under this chapter shall be as follows: professional officials, non-professional mayors and deputy mayors, high-ranking civil servants, managers, persons responsible for public procurement, civil servants of the National Review Commission for Reviewing Public Procurement Award Procedures (hereinafter: the National Review Commission) and the citizens of the Republic of Slovenia who hold office in EU institutions, other EU bodies and other international institutions to which they have been appointed or elected on the basis of secondment or a proposal from the Government of the Republic of Slovenia or the National Assembly and whose obligation to declare their assets is not otherwise regulated by the documents of EU institutions, EU bodies and other international institutions for which they perform duties of the office.

(2) A professional official, non-professional mayor and deputy mayor, high-ranking civil servant, manager and citizen of the Republic of Slovenia who holds office in EU institutions, other EU bodies and other international institutions to which he has been appointed or elected on the basis of secondment or a proposal from the Government of the Republic of Slovenia or the National Assembly shall immediately, and by no later than within one month after taking or ceasing to hold the office or post, communicate the information on his assets to the Commission. These persons shall also communicate the information on their assets to the Commission a year after ceasing to hold the office or post.

(3) Persons responsible for public procurement shall communicate the information on their assets to the Commission once a year by 31 January of the current year for the previous year if, in the previous year, they participated in a public procurement procedure as laid down in point 11 of Article 4 of this Act. The civil servants of the National Review Commission shall communicate the information on their assets within the time limit and in the manner laid down in the preceding paragraph. Paragraph 2 of Article 43 of this Act does not apply to persons responsible for public procurement and civil servants of the National Review Commission.

(4) Information on assets referred to in paragraphs 2 and 3 of this Article shall be communicated by way of an electronic form which is available on the Commission’s website.

(5) The bodies in which persons with obligations are employed, and contracting authorities that operate in accordance with regulations on public procurement, shall communicate lists of these persons to the Commission within 30 days of any change occurring. Information on the citizens of the Republic of Slovenia who hold office in EU institutions, other EU bodies and other international institutions to which they have been appointed or elected on the basis of secondment or a proposal from the Government of the Republic of Slovenia or the National Assembly shall be communicated to the Commission by the Government of the Republic of Slovenia or the National Assembly. These lists shall include the following information: the personal name, personal registration number (EMŠO), tax ID number of the person, office or position, address of permanent residence, and, in the case of officials with a limited term of office and high-ranking civil servants, the date of taking or ceasing to hold office or position.

Article 42

(Data on assets)

(1) Data on assets of a person with obligations shall include the following:

– personal name; – personal registration number (EMŠO);

– address of permanent residence;

– tax ID number;

– information on the office or work;

– information on the work performed immediately before taking office;

– any other office held or activities performed;

– information on ownership or stakes, shares, management rights in a company, private institute or any other private activity with a description of the activity, and a designation of the registered name or the name of the organisation;

– information on stakes, shares, and rights that the entities referred to in the preceding indent have in another company, institute or private activity with the designation of the registered name or the name of the organisation (hereinafter: indirect ownership);

– information on taxable income under the law governing personal income tax that is not exempt from personal income tax;

– information on immovable property with all the land register information on land plots;

– monetary assets deposited in banks, savings banks and savings and loan undertakings, the total value of which in an individual account exceeds EUR 10 000;

– the total value of cash if it exceeds EUR 10 000;

– types and values of securities if, at the time of the declaration of assets, their total value exceeded EUR 10 000;

– debts, obligations or assumed guarantees and loans given, the value of which exceeds EUR 10 000;

– movable property, the value of which exceeds EUR 10 000; and

– any other information in relation to assets that the person with obligations wishes to provide.

(2) The Commission may obtain any information referred to in the preceding paragraph that can be obtained from the official records to verify the accuracy of the statements of the person with obligations.

(3) If the Commission finds any inconsistencies between the information referred to in paragraph 1 of this Article and other information, it may request the person with obligations to enclose relevant evidence with the information specified in paragraph 1.

Article 43

(Obligation to provide information on any change in assets)

(1) The Commission may obtain the information on annual income referred to in the tenth indent of paragraph 1 of the preceding Article from the competent authority.

(2) The person with obligations shall communicate to the Commission any change to the office, activity or ownership referred to in the eighth and ninth indents of paragraph 1 of the preceding Article and any change to the assets referred to in the eleventh to seventeenth indents of paragraph 1 of the preceding Article that exceeds EUR 10 000 by 31 January of the current year for the previous year.

(3) Any changes to assets shall be communicated by means of an electronic form which is available on the Commission’s website. The form in which changes to assets are communicated also includes the possibility of stating the reason for the increase in assets.

(4) The Commission may at any time request the person with obligations to submit the data referred to in Article 42 of this Act. The person with obligations shall submit this data by no later than within 15 days of receipt of the request.

(5) If it can be reasonably concluded from the comparison of the provided data with the actual situation that the person with obligations has transferred his assets or income to family members to avoid supervision under this Act, the Commission may request that they submit the data referred to in the tenth to sixteenth indents of paragraph 1 of the preceding Article within one month of receipt of the request.

Article 44

(Invitation to submit data on assets)

(1) If the Commission finds that the person with obligations has not provided data on his offices, activities, assets and income in accordance with this Act, it shall invite the responsible person to submit the data required within a time limit that may not be shorter than 15 days or longer than 30 days in duration.

(2) If the person with obligations fails to submit the required data within the time limit referred to in the preceding paragraph, the Commission shall decide that this person’s salary or salary compensation should be reduced by ten percent of his basic salary each month after the expiry of the time limit, but to no less than the minimum salary level. This decision shall be implemented by the employer. (3) Paragraph 2 of this Article does not apply to non-professional mayors and deputy mayors.

Article 45

(Disproportionate increase in assets)

(1) If, on the basis of data on assets or other information, the Commission finds that, since the last declaration, the assets of the person with obligations have increased disproportionately compared to his income derived from the performance of his duties of office or an activity in accordance with the provisions and restrictions laid down in this Act and other acts, or that the value of the person’s actual assets, which is the basis for the assessment of tax liabilities, considerably exceeds the declared value of the person’s assets, it shall invite the person with obligations to explain the increase in assets or the difference between the actual value and the declared value of assets by no later than within 15 days.

(2) If the person with obligations referred to in the preceding paragraph fails to explain the increase in assets or the difference between the actual and declared value of assets, or fails to do so in a comprehensible manner, the Commission shall notify the body in which the person concerned holds office or the body responsible for the election or appointment of the person concerned, and, in the event of a suspicion held that other violations are being committed, it shall also notify other competent authorities.

(3) The body in which the person with obligations holds office or performs work, or the body responsible for the election or appointment of the person with obligations, may initiate a procedure for the termination of the term of office or dismissal or any other procedure on the basis of the notification referred to in the preceding paragraph in accordance with the Constitution and the law and shall notify the Commission of this; the exception to this is in the case of directly elected officials.

(4) The bodies referred to in paragraph 2 and the preceding paragraph shall notify the Commission of their findings and decisions within three months of receipt of the Commission’s notification.

(5) If the Commission reasonably suspects that the assets of the person with obligations referred to in paragraph 1 of this Article have increased considerably, and the person with obligations has failed to provide an adequate explanation for the increase, and there is a reasonable risk that the person with obligations will have these assets available or will hide or appropriate them, the Commission may propose that the State Prosecutor’s Office or the competent authority in the field of money laundering prevention, taxes or financial supervision, take all necessary steps within their legal powers to temporarily stop transactions and secure the money and assets for the purpose of seizing unlawfully obtained proceeds or money and assets of illegal origin.

(6) The State Prosecutor’s Office or other bodies referred to in the preceding paragraph shall inform the Commission in writing of the measures taken in this regard by no later than within 72 hours.

Article 46

(Public availability of data)

(1) Data on the income and assets of persons with obligations, with the exception of persons responsible for public procurement and civil servants of the National Review Commission, shall be publicly available in the part relating to income and assets obtained during the period of holding a public office or performing an activity and within one year after the termination of the office or activity, irrespective of the restrictions stipulated in the law governing the protection of personal information and the law governing the protection of confidential tax information. The data shall be made publicly available for 24 months after the date of the termination of the office or work. A more detailed methodology for publishing the data shall be laid down by the Commission in its Rules of Procedure.

(2) On its website, the Commission shall publish data on income and assets obtained during the period of holding a public office or performance of an activity and within one year after the termination of the office or activity; the data shall include the following:

– the personal name and office of the person with obligations;

– the ownership or stakes and the number of shares and rights in a company, institute or private activity with the designation of the registered name or the name of the organisation;

– the ownership or stakes, shares and management rights in a company, private institute or any other private activity with the designation of the registered name or the name of the organisation;

– the number and value of immovable properties without land registry information on land plots;

– the total value of monetary assets deposited in banks, savings banks and savings and loan undertakings if this exceeds EUR 10 000 in value;

– the total value of cash if this exceeds EUR 10 000 in value;

– the total value of securities if this exceeds EUR 10 000 in value;

– the total value of debts, obligations or guarantees assumed if this exceeds EUR 10 000 in value;

– the total value of loans given if this exceeds EUR 10 000 in value; and

– movable property, the value of which exceeds EUR 10 000, in a manner that does not allow for the property’s identification.

(3) The data referred to in the preceding paragraph shall be published in a manner that facilitates a comparison of the data.