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“Public Office, Private Interests: Accountability through Income and Asset Disclosure” examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool. It draws on detailed case studies that are published in a companion volume: “Income and Asset Disclosure: Case Study Illustrations” The companion volume “Income and Asset Disclosure: Case Study Illustrations” includes case studies of the IAD systems in Argentina, Croatia, Guatemala, Hong Kong SAR, Indonesia, Jordan, the Kyrgyz Republic, Mongolia, Rwanda, Slovenia, and the United States. Case studies were conducted through review of the legal framework, desk research and interviews with practitioners, academics, and representatives of civil society. Each case study outlines the legal framework for the IAD regime, the mandate and structure of the IAD agency, and the resources and procedures of the IAD system. The characteristics of each system are highlighted along with other findings that illuminate the challenges faced in implementing the system, the steps taken, and the progress achieved by the IAD agency in fulfilling its mandate. There are a wide variety of approaches in IAD system design and implementation and a wide variety of challenges faced by different systems. New and emerging IAD systems may face challenges associated with resource and capacity constraints, political resistance to implementation, a lack of public awareness, or limited civil society capacity to support anticorruption efforts. Many established systems may also face the need to revise the legal framework, institutional arrangements, or enforcement mechanisms once it becomes apparent that original assumptions do not deliver expected results or unanticipated challenges emerge. There is no single optimal approach to IAD system design and implementation. Context is essential. These volumes do not, therefore, attempt to lay out a standard approach for IAD administration. Rather, they identify the objectives, features, and mechanisms that can contribute to the effectiveness of an IAD system and enhance its impact as a prevention and enforcement tool.
Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly—or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.
Examines how the private sector in China manages to grow without secure property rights.
This volume is about political corruption and the use of public office for private gain in India. A merit-based bureaucracy was launched in the nineteenth century to control corruption. This system with its pay structure that rewarded civil servants for honest effort was seen as the best solution to political corruption. It was based on the assumption that if merit was made the basis of administration, it would exclude private interest. However, the merit-based civil service system failed to restrain corruption because the ruling politicians had preferences on how to use a public bureaucracy and these preferences translated into an incentive structure, which governed the behaviour of civil servants. The author proposes an alternative paradigm—the New Public Management Modelߞwhich is being implemented in Great Britain, Australia, New Zealand, and Sweden.
This volume examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool.
The OECD Guidelines for Managing Conflict of Interest in the Public Service provide the first international benchmark in this field. This report highlights trends, approaches and models across OECD countries in a comparative overview that also presents examples of innovative and recent solutions.
This joint publication of the World Bank/UNODC Stolen Asset Recovery (StAR) Initiative and the Organisation for Economic Co-operation and Development (OECD) reports on how OECD countries are performing on asset recovery. It provides examples of good practices and recommendations for development agencies and other practitioners on achieving results.
Conflicts of interest in both the public and private sectors have become a major matter of public concern world-wide. The OECD Guidelines define a conflict of interest as occurring when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities. However, identifying a specific conflict of interest in practice can be difficult. And resolving the conflicting interests appropriately in a particular case is something that most people find even more challenging. The Toolkit focuses on specific techniques, resources and strategies for: Identifying, managing and preventing conflict-of-interest situations more effectively; and Increasing integrity in official decision-making, which might be compromised by a conflict of interest. This Toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised. The tools themselves are provided in generic form. They are based on examples of sound conflict-of-interest policy and practice drawn from various OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems. FURTHER READING: Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.