CoI is currently working on preparing structural bill for rules of commitment to disclosing financial trust of senior public officials, and on identifying implementation of legal consequences against violators.
The rules of the bill include prosecuting the covered persons who have illegal gain through the increase of their money and resources in a way that contradicts with their normal income he mentioned in the financial disclosure form.
Under CoI applicable law No.3o for 2011, prosecution rules are applied on those who gave in the disclosure form false information related to their financial trust, their spouses and sons trust related to their income and wealth like property, firms, cars, shares, stocks and any other materials.
The rules are also applied on those who have illegal gain from abusing their position as public servants. It is worth mentioning that CoI law granted CoI the authority to prosecute who have illegal gain through the increase of their money and wealth in a way that is inconsistent to their financial resources they mentioned in financial disclosure form.
It is known that public service rules ban covered senior official to have two jobs or establish private company and participate in its administration board or buy its shares or conducting any activity and investments that cause conflict of interests.
CoI prevention office reports indicate failure of number of covered persons to fill disclosure forms. This is considered as a practice leads to impeding one of CoI key tasks concerned with insuring senior officials` commitment to perform their employment duties.
In spite of progress indicated by reports regarding response in 2011 in comparison with last years, this response is still under the required level.
For example, until the end of last year, prevention office received 197 financial disclosures among 325 parliament members and response rate reached 60% and response rate of governorates council members, except
It has been noticed that most ministries and entities not affiliated to ministry achieved full response in terms of disclosing financial trust of their senior officials in ministry of oil, justice, science and technology, culture, human rights, municipalities, construction and residence, CoI, board of supreme audit, Shia and Suni endowments, higher judicial council and political prisoners institution. Other ministries achieved rates ranging between 80 to 90% like ministries of higher education, education, foreign affairs, environment, transport and trade.
Health and electricity ministries were at the end of the scale of responding about (62) & (64) %, whereas the response of inertial and defense ministries was less than middle.
Fact finding teams in Prevention Office indicated many differences and contrasts between what the senior officials confirmed in the financial disclosure form and the fact of their incomes , wealth , their wives ` and sons` wealth and their multi resources of incomes.
Worth mentioning that the fact finding teams in CoI depend on the field visits to the governmental and private banks , traffic offices, real estate offices and stock exchange to confirm the reliability of the information.
Some of the differences which were disclosed by the teams, were the evasion of some covered officials to declare their incomes, non confession of their families` private companies, real estate and vehicles. Also they concealed their deposits in many banks with deferent accounts and their profits by the illegal contracts and tenders.
Fact – finding teams are complaining of the weakness in investigation with the real properties some senior officials have, being the process of real estate offices are still working with paper documents and the teams are not able to trace the wealth and deposits out side of Iraq ,because there are no activities for CoI abroad.
Members in investigation teams stated that some covered officials turn to mislead the office about the facts of their financial trusts through out the manipulation in the full names or by preceding or delaying the names of father, grandfather and combined names.
The Investigation teams realized that the best way to handle this manipulation is to issue the unified card for the covered officials as soon as possible .
