Following on our previous discussion of Mongolia’s Anti-Corruption Law, today we will take a closer look at restrictions in the law on Mongolian officials. The law applies to:
- Political, and administrative officials;
- State or locally-owned legal entity’s management;The Chairperson of the National Council;
- The General Director of public radio and television;
- Management of NGOs performing work on behalf of the government; and
- Electoral candidates.
These officials are prohibited from engaging in the following activities:
- Exerting pressure on, intervening in or influencing civil servants in the course of duty;
- Giving or offering to give rewards to others or to intermediaries;
- Illegally granting or promising to grant preferences to any individual or to a legal entity;
- Illegally limiting the lawful rights of others in the course of duty;
- Misusing official budget or donated funds;
- Requiring others to provide rewards in connection to the officials performance of duty;
- Misusing or exceeding such official’s power or position;
- Using official position to acquire property, or enjoying preferential or privileged rights; and
- Unjust enrichment.
Top government officials are required to to prepare and file an accurate and true declaration of income. The declarers must submit their declaration within 30 days of their election or appointment to office. An annual declaration is due on February 15 of each year during the period of public service.
Where an official is unable to “explain” assets or income in excess of 6 month’s salary, such earnings may be declared illegal unjust enrichment.