68. Are elected officials required to submit reports regarding their finances?

Fiji

Fiji

Answer
No
Source

Financial Disclosure: There are no laws requiring income and asset disclosure by appointed or elected officials. FICAC reports directly to the attorney general and is the primary body responsible for combating and prosecuting government corruption. The government adequately funded FICAC, but some observers questioned its independence and viewed some of its high-profile prosecutions as politically motivated, such as an April 2015 case against opposition parliamentarian Ratu Isoa Tikoca for failure to declare liabilities under the political parties’ decree, which requires disclosures by candidates standing for election and party officials.

Source: US Department of State, Bureau of Democracy, Human Rights and Labor, Country Reports on Human Rights Practices for 2016, Fiji, US Department of State, Washington DC, 2017 accessed at https://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper on 21 January 2018

 

24 (I) Any person who—

  • is an applicant for the registration of a proposed political party, in the event that the proposed political party is registered under this Act: and
  • is an office holder in and the registered officer of, a political party registered

under this Act.

shall. within 30 days of the date of the registration of the political party and thereafter, on or before 31 December of each year, provide to the Registrar a statement containing the following information in respect of that person and his or her spouse and any children—

(i) the total assets whether in Fiji or abroad (including money and other property in the possession or under the control of each of them);

 (ii) the total income whether in Fiji or abroad, and the source of such income received by each of them during the period to which the statement relates;

  • any business connections whether in Fiji or abroad of each of them;
  • any directorships or other office in a corporation or other organisation whether in Fiji or abroad held by each of them;
  • any business transaction entered into by each of them during the period to which the statement relates whether in Fiji or abroad;
  • any gift received by each of them whether in Fiji or abroad (other than a gift received in the normal course of events from close relatives or a gift received in accordance with custom, in the course of traditional exchange of gifts or in the case of a gift given on behalf of the nation, if the gift is transferred to the Government as soon as it is possible to do so without giving offence to the giver) during the period to which the statement relates, and the value of those gifts;
  • any assets acquired by each of them whether in Fiji or abroad during the period to which the statement relates; and
  • the liabilities incurred, or discharged, by each of them whether in Fiji or abroad during the period to which the statement relates, and the amount of each such liability.

(IA) Any person who is appointed after 30 June 2014 as an office holder or a registered officer of a political party registered under this Act, shall, within 30 days of the date of his or her appointment and thereafter, on or before 31 December of each year. provide to the Registrar a statement containing the following information in respect of that person and his or her spouse and any children—

(a) total assets whether in Fiji or abroad (including money and other property in the possession or under the control of each of them);

(b) the total income whether in Fiji or abroad, and the source of such income, received by each of them during the period to which the statement relates;

  • any business connections whether in Fiji or abroad of each of them;
  • any directorships or other office in a corporation or other organisation whether in Fiji or abroad held by each of them;
  • any business transaction entered into by each of them during the period to which the statement relates whether in Fiji or abroad;

(f) any gift received by each of them whether in Fiji or abroad (other than a gift received in the normal course of events from close relatives or a gift received in accordance with custom, in the course of traditional exchange of gifts or in the case of a gift given on behalf of the nation, if the gift is transferred to the Government as soon as it is possible to do so without giving offence to the giver) during the period to which the statement relates, and the value of those gifts:

(g) any assets acquired by each of them whether in Fiji or abroad during the period to which the statement relates: and

(h) the liabilities incurred, or discharged. by each of them whether in Fiji or abroad during the period to which the statement relates. and the amount of each such liability

(1) Any person who, on or before 30 June 2014, was appointed as an office holder or a registered officer of a political party registered under this Act and is still holding such office and who has not provided the Registrar with a statement containing the required information under subsection (I), shall, within 30 days from 30 June 2014 and thereafter, on or before 31 December of each year, provide to the Registrar a statement containing the following information in respect of that person and his or her spouse and any children—

(a) total assets whether in Fiji or abroad (including money and other property in the possession or under the control of each of them);

(b) the total income whether in Fiji or abroad. and the source of such income, received by each of them during the period to which the statement relates:

(c) any business connections whether in Fiji or abroad of each of them:

(d) any directorships or other office in a corporation or other organisation whether in Fiji or abroad held by each of them;

(e) any business transaction entered into by each of them during the period to which the statement relates whether in Fiji or abroad;

(f) any gift received by each of them whether in Fiji or abroad (other than a gift received in the normal course of events from close relatives or a gift received in accordance with custom, in the course of traditional exchange of gifts or in the case of a gift given on behalf of the nation, if the gift is transferred to the Government as soon as it is possible to do so without giving offence to the giver) during the period to which the statement relates, and the value of those gifts;

(g) any assets acquired by each of them whether in Fiji or abroad during the period to which the statement relates; and

(h) the liabilities incurred, or discharged. by each of them whether in Fiji or abroad during the period to which the statement relates, and the amount of each such

(2) Any person who—

  • is nominated by a political party as a candidate for election to Parliament; or
  • is nominated as an independent candidate for election to Parliament,

shall, within 7 days of such nomination. provide to the Registrar a statement containing the following information in respect of that person and his or her spouse and any children

(i) the total assets whether in Fiji or abroad (including money and other properly in the possession or under the control of each of them);

  • the total income whether in Fiji or abroad, and the source of such income;
  • any business connections whether in Fiji or abroad of each of them;
  • any directorships or other office in a corporation or other organisation whether in Fiji or abroad held by each of them:
  • any business transaction entered into by each of them in the 5 years preceding the date of nomination whether in Fiji or abroad;
  • any gift received by each of them whether in Fiji or abroad (other than a gill received in the normal course of events from close relatives or a gift received in accordance with custom, in the course of traditional exchange of gifts or in the case of a gift given on behalf of the nation, if the gilt is transferred to the Government as soon as it is possible to do so without giving offence to the giver) in the 5 years preceding the date of nomination;
  • any assets acquired by each of them whether in Fiji or abroad in the 5 years preceding the date of nomination; and
  • the liabilities incurred or discharged by each of then) whether in Fiii or abroad in the 5 years preceding the date of nomination. and the amount of each such liability.

 (3) The information provided by a person under subsections (I). (IA), (IB) and (2) shall be accompanied by a statutory declaration that the information provided is correct. [subs (31 am Decree 24 of 2014 s 2, opn 30 June 2014)

(4) The Registrar shall publish the information received by him or her under subsections (I), (I A), (1B) and (2) in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party or From the candidate in relation to information received under subsection (2).

Any person who fails to comply with the requirements of subsections (I), (1A), (1B) or (2), or provides any information that is false, commits an offence and shall be liable upon conviction to a line not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

  1. For the purposes of this section, "children" means any child. stepchild or adopted child who is—
  • under the age of 18 years; or
  • over the age of 18 years and is dependent on his or her parents for support.

Source: Article 24, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

Comment

 

There is no requirement for financial reporting by elected officials. However financial reports are required from applicants for registration of a political party and office holders in political parties, political party candidates and independent candidates. These  must provide in respect of him/herself, spouse and children, within 30 days of registration and thereafter annually details of total assets and income, business connections and transactions, directorships, gifts, liabilities incurred or discharged and assets acquired .

Political party candidates and independent candidates  must provide in respect of him/herself, spouse and children, within 7 days of nominartion details of total assets and income, business connections, business transactions occurring within the past 5 years, directorships,and any gifts, liabilities incurred or discharged and assets acquired during the past 5 years

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