Ministers and other public servants who siphon huge funds from state coffers via underground businesses they and their relatives or friends run will now be regarded as criminals and prosecuted, that is if the President’s Executive Order outlining a Code of Conduct for public servants is implemented.

But the rule is applicable only to public servants under the Executive, since the last legislature refused to pass one that would have been binding on all public servants, including those in the Judiciary now exempted.

Private businesses have been suffocated because those who run the state also run shady businesses for providing goods and services. But as recent audits of the General Auditing Commission (GAC) indicate, the overwhelming numbers of businesses exist only on paper, depriving the government and country of millions that go in private pockets.

The Executive Order also criminalizes public servants receiving gifts, bribes and kickbacks. It states, amongst others:

“Bribes and Gifts: A public servant shall not receive nor encourage the giving of any form of bribe or casual gift in connection with the performance of her/his official duties, whether for her/himself or members of her/his family or any other benefits that could have any influence on her/his professional approach to issues and the discharge of her/his official duties.

Bribes and Gifts from Commercial Firms, Contractors, Etc.: A public servant shall not receive any bribe. S/he shall not receive casual gifts from commercial firms, business enterprises, or institutions, whether private or public or for contracts, have standing contracts, or intend to bid for contracts before the employer of the public servant or the Government of Liberia. A public servant shall not allow himself or herself to be put into a situation where he or she is under obligation to reciprocate a service or benefit when doing so could impair the proper performance of her/his official duties.

Gifts to Spouses and Close Relatives: A casual gift given to a family member or a close relative of a public servant shall be presumed to be a casual gift to the public servant unless the family member has an independent relationship with the giver.

Token gifts: Any token gift received by a public servant must be declared, within a reasonable time not exceeding seven days, to the appropriate authority that shall decide whether the gift item should be retained by the public servant or surrendered to government. A public servant who surrenders a token gift must demand a receipt from the appropriate recipient or depository.

9.3 Obtaining Financial Assistance or Loans: A public servant may take a loan from a person or legal entity provided that the loan is on commercial terms including requirements for repayment and reasonable rate of interest as established by law or as set by the Central Bank or by the Contract.

9.4 Gifts and Offers Intended to Induce or Influence: A public servant shall report to her/his head of institution any circumstances where a benefit or gift was offered or made regardless of whether it was accepted or not, especially where the public servant feels that such circumstances constituted attempts to influence her/his official action. In reporting such case, the public servant shall disclose the source of such gift.

Reporting of Gifts from Foreign Governments, International Organizations, Etc.: A public servant may accept gifts other than casual gifts or token gifts from foreign governments, donors, international or multinational organizations or quasi-governmental organizations closely affiliated or funded by a foreign government but shall promptly declare such gift to her/his superior who shall decide whether the public servant retains the gift or surrenders it to the Government.

Use of Office for Private Interest: A public servant shall not use her/his official position to pursue private interests that may result in conflict of interest.

Receipt of Double Emoluments: A public servant shall not, while receiving or being paid salaries by any public service office, at the same time receive or be paid salary by any other public office. Public servants providing service to other institutions, including service on boards, on account of a duty required by Government, shall not demand and receive any other benefits for such service.

Running of Private Business: A public servant in full time employment of the administration shall not engage in the running of any private business that conflicts with her/his official duties or during working hours unless it is established that such activity does not conflict with her/his principal employment.

Disclosure of Interest: Where a public servant has direct or indirect personal interest in a matter being examined, the public servant shall inform the authorities of those interests and shall excuse herself or himself before deliberations are held and a vote or decision is taken.

PART X: DECLARATION AND REGISTRATION OF PERSONAL INTERESTS, ASSETS AND PERFORMANCE/FINANCIAL BONDS

Declaration of Assets or Performance Bonds: A public official and civil servant

involved in making decisions affecting contracting, tendering or procurement,

and issuing of licenses of various types shall sign performance or financial bonds

and shall in addition declare her/his income, assets and liabilities prior to taking

office and thereafter:

a. at the end of every two years;

b. upon promotion or progression from one level to another;

c. upon transfer to another public office; and,

d. upon retirement or resignation.

Repository and Contents of Declaration: The declaration of personal income, assets, liabilities and the performance bond as may be required, shall be lodged with the Liberia Anti Corruption Commission (LACC). The declaration shall be promptly updated by the public servant upon subsequent changes in her/his interest and/or assets. Each declaration along with the updates thereto shall include disclosure of income, assets, liabilities, net worth, financial and family interests held by the official. The Declaration of Income, Assets and Liabilities form in Appendix I shall be used for this purpose.

Confidentiality of Declaration: The LACC shall treat each declaration as classified information and as such only authorized personnel of the commission shall have access to the contents of the declaration.   Nonetheless, authorized, agencies other than the LACC may have access to specific contents of the declaration provided a formal request is made to the LACC which shall then determine the justification of the request prior to giving access to the requesting agency.

Sanctions for False Declaration: Each public servant shall declare and affirm that her/his declaration is accurate to the best of her/his knowledge. Any statement in such declaration found to be false upon verification shall lead to summary dismissal in the case of political appointees and suspension in the case of other public servants pending determination by a court of competent jurisdiction.