CHAPTER IX. CONFLICT OF INTEREST
Section 184
A Member of the House of Representatives and Senator shall not:
- hold any position or have any duty in a government agency, State agency or State enterprise, or hold a position of a member of a local assembly or a local administrator;
- receive or interfere or intervene in the acquisition of any concession from the State, a government agency, State agency or State enterprise, or become a party to a contract of the nature of monopoly or exclusivity with the State, a government agency, State agency or State enterprise, or become a partner or shareholder in a partnership or company receiving such concession or becoming a party to a contract of such nature, whether directly or indirectly;
- receive any special money or benefit from a government agency, State agency or State enterprise apart from that given by the government agency, State agency or State enterprise to other persons in the ordinary course of business;
- directly or indirectly perform any act which amounts to a wrongful obstruction of or interference with the exercise of rights or liberties of newspapers or mass media.
This section shall not apply in the case where a Member of the House of Representatives or a Senator receives military pensions, gratuities, pensions, annuities for royalty or any other form of payment of the same nature, and shall not apply in the case where a Member of the House of Representatives or a Senator accepts or holds a position of a committee Member of the National Assembly, the House of Representatives or the Senate, or a committee member appointed in the course of the administration of State affairs related to parliamentary affairs, or a committee member specifically provided by law.
The provisions in (2) and (3) shall apply to spouses and children of Members of the House of Representatives or Senators and also to persons other than spouses and children of such members of the House of Representatives or Senators who act as agents or partners of, or who are entrusted by Members of the House of Representatives or Senators to act under this section.
Section 185
A Member of the House of Representatives and a Senator shall not, through the status or position of Member of the House of Representatives or Senator, carry out any act which, by nature, amounts to an intervention of or interference with the following matters, whether directly or indirectly, for his or her own benefit, the benefit of another person or of a political party:
- the performance of official functions or carrying out of work within the usual duties of a government official, official or employee of a government agency, State agency, State enterprise, an enterprise in which the State is a major shareholder or a local government organisation;
- the carrying out of an act which, by nature, enables him or her to participate in the spending of budget or granting of approval of any project of a State agency, except an act within the affairs of the National Assembly;
- the recruitment, appointment, transfer, reshuffle, promotion, salary increase, or removal from office of a government official who holds a permanent position or receives salary and is not a political official, an official or employee of a government agency, State agency, State enterprise, an enterprise in which the State is a major shareholder or local government organisation.
Section 186
The provisions in section 184 shall also apply to Ministers mutatis mutandis, except for the following cases:
- holding positions or carrying out acts provided by the law to be the duties or powers of the Minister;
- carrying out acts pursuant to the duties and powers in the administration of State affairs, or pursuant to the policies stated to the National Assembly, or as provided by law.
Apart from the cases under paragraph one, a Minister shall not, through his or her status or position, carry out any act, whether directly or indirectly, which amounts to a wrongful intervention of or interference with the performance of duties of a State official for his or her own benefit, the benefit of another person or of a political party, as stipulated in the ethical standards.
Section 187
A Minister shall neither be a partner or shareholder of a partnership or a company, nor retain partner or shareholder status of a partnership or a company up to the limit as provided by law, and shall not be an employee of any person.
In the case where any Minister intends to continue to receive benefits in the cases under paragraph one, such Minister shall inform the President of the National Anti Corruption Commission within thirty days from the date of the appointment, and shall transfer his or her shares in such partnership or company to a juristic person which manages assets for the benefit of other persons, as provided by law.
The Minister shall not be involved in the administration or management of shares or affairs of the partnership or company under paragraph two in any way.
The part of this section which relates to partner or shareholder status shall also apply to the spouse and children of a Minister who have not yet become sui juris, and to the holding of shares of a Minister which are in possession or under supervision of another person in any way.
