WHEREAS, Chapter XI, Article 90 (c) of the Constitution of Liberia, empowers the National Legislature to Prescribe a Code of Conduct for all Public Officials and Employees Stipulating the acts which constitute conflict of Interest or against public Policy and penalties for violation thereof;
WHEREAS, Pursuant to this Constitutional Provision and mandate, on March 31, 2014, the National Legislature enacted into law the National Code of Conduct for all Public Officials and Employees of Government of the Republic of Liberia.
WHEREAS, Part X of the National Code of Conduct (NCoC) for all Public Officials and Employees of Government of the Republic of Liberia requires that every Public Official and employee of Government involved in making decision affecting contracting, tendering or procurement and issuance of licenses of various types shall sign performance or financial bonds and shall in additional declare his or her income, assets and liabilities prior to taking office and thereafter at the end of every three years, on promotion or progression from one level to another, upon transfer to another public office and upon retirement or resignation. Appointed officials must submit copy of a completed, signed and notarized Asset Declaration form thirty (30) days after taking office and thereafter in any position numerated in section 10.1 of the NCoC.
WHEREAS section 4.1(g) of the Liberia Anti-Corruption (LACC) Act of 2022 empowers the LACC to lead the implementation of the Anti-Corruption Strategy of Liberia, including the Code of Conduct for Public Servants;
AND whereas, there is a need to regulate the implementation of section 10.1 and section 10.2(h) of the NCoC;
NOW THEREFORE, these regulations are issued pursuant to section 10.1 NCoC and section 10.2(h) as amended.
i. Obligation to file Asset Declaration Statement
The LACC shall issue Asset Declaration (AD) forms that shall be completed, signed, notarized, and filed in accordance with Section 10.1 and 10.2 (h) of the NCoC by all persons occupying the following public positions
1.1 Legislature
1. Members of the House of Representatives
2. Members of the Senate
3. Secretary of the senate
4. Chief Clerk of the House of Representatives
5. Comptrollers, Procurement Officers, Departmental Directors, and Project Managers
1.2 Judiciary
1. Chief Justice and Associate Justices of the Supreme Court
2. Judges of Circuit Courts and Circuit-level Specialized Courts
3. Stipendiary and Associate Magistrates
4. Clerks of the Supreme Court, Circuit courts and Circuit-level Specialized Courts
5. Court Administrator, Comptroller, Procurement Officers, Departmental Directors and
Project Managers
1.3 Executive
1. President of the Republic of Liberia
2. Vice President of the Republic of Liberia
3. Cabinet Ministers, Deputy Ministers, and Assistant Ministers
4. Comptrollers, Procurement Officers, Custom Officers, Internal Revenue Agents, Departmental Directors, Project Mangers, and Persons making decision affecting Contracting, Tendering or procurement, and issuance of licenses of Various types
5. Members of the Board of directors, Heads, Deputy Heads, and Department Heads of Autonomous Agencies
6. Heads, Deputy Heads and Department Heads of State Own Enterprises
7. Chairperson, Commissioners, Deputy Heads and Department Heads of Independent Commissions
8. Ambassador-At-Lager, Ambassadors, Consul Generals, Consular Officers: Heads and Deputy Heads of Department and Heads of Foreign Missions, Institutions and Organizations
9. Heads, Deputies, Department Heads, and Top -ranking Officer (from the rank of Captain where applicable) of Law Enforcement and Investigation Agencies including but not limited to Liberia National Police, Liberia Immigration Service Immigration Services, Drug Enforcement Agency, National Security Agency etc.
10. Chief of Staff, Deputy Chief of Staff, and Commissioned officers of the Arm Forces of Liberia (AFL).
11. Custom Officers of Liberia Revenue Authority (LRA)
Such public officials and employees of the three branches of government shall deposit copy of their Asset Declaration forms with the relevant authority at the LACC as provided for in section
5.2 (o) of the new LACC Act of 2022.
ii. Newly hired /appointed Officials.
1. All public Officials and Employees of Government must submit copy of a completed, signed and notarized Asset Declaration form prior to taking office and thereafter in any position numerated in section 10.1 of the NCoC. This provision is applicable only to elected and other officials hired (not those appointed by the president) but by the Government of Liberia.
2. Appointed officials must submit copy of a completed, signed and notarized Asset Declaration form thirty (30) days after taking office and thereafter in any position numerated in section 10.1 of the NCoC.
3. Other public officials who exit public office by means of retirement, resignation, dismissal, etc. are also require to submit copy of completed, signed and notarized Asset Declaration form immediately prior to exit. This provision is applicable to all public officials- elected, appointed and hired.