Senior gov’t officials to declare assets in Senegal

• ALHAJI JADAMA DIBBA - 2023-11-29

Last Wednesday President Macky Sall in a cabinet meeting announced the revival of the assets commission and asked all government officials to declare their assets or they face full force of the law including those who may make false declaration, according to media reports.

The Council of Ministers meeting was held last Wednesday, November 22, 2023 at the State House, under the leadership of the Head of State, His Excellency, Mr. Macky SALL.

The Council considered and adopted:

- The bill amending Law No. 2012 - 30 of December 28, 2012 establishing the National Office for the Fight against Fraud and Corruption (OFNAC);

- The bill amending law no. 2014 - 17 of April 2, 2014 relating to the declaration of assets.

 

REPUBLIC OF SENEGAL

One People - One Goal - One Faith Law No. 2014-17 relating to the declaration of assets.

The National Assembly adopted, in its session of Friday March 21, 2014; The President of the Republic promulgates the law whose content follows:

law must, within three months following their appointment, formulate a certified declaration on their honour, accurate and sincere of their situation heritage concerning in particular their own property as well as, possibly, that of the community or property deemed undivided pursuant to article 380 of the family code. These assets are valued on the date of the event giving rise to the declaration, as in the case of free transfer tax. The same obligation is applicable within three months following the termination of functions, for reasons other than death. However, no new declaration is required from the taxable person who has established less than six months ago, a declaration of his financial situation under the conditions provided for by this law.

Chapter II - Subject authorities

Article 2: The declaration of assets must be made by the following authorities: the President of the National Assembly, the Prime Minister, the Ministers;

— the President of the Economic, Social and Environmental Council; all credit administrators, revenue and expenditure authorisers, heads of parastatals, public accountants carrying out operations involving an annual total greater than or equal to one billion (1,000,000,000) CFA francs;

Chapter III - Submission of the declaration of assets Article 3: The authorities mentioned above file their declaration of assets with the National Office for the Fight against Fraud and Corruption in exchange for discharge, or send it to the President of the so-called structure, par registered letter with acknowledgment of receipt. Article 4: The declaration must include all information relating to the property and assets held by the person concerned, directly or indirectly. Movable property includes:

1. Current or savings bank accounts, stock market values, shares in commercial companies in general, life insurance, annual income linked to the position held or from any other source;
2. collections of valuable objects, works of art, accompanied by their estimated value, jewelry and precious stones with values ​​greater than or equal to fifty million (50,000,000) CFA francs;
3. Motor vehicles;
4. Goodwill, notes receivable;
5. all other movable property held in Senegal or abroad. The buildings include:
6. Properties built in Senegal or abroad with description attached;
7. Unbuilt properties in Senegal or abroad;
8. Buildings by destination in Senegal or abroad for the above properties, the declarant communicates the addresses and certified copies of the authentic titles. In addition to the assets mentioned, the declarant mentions the liabilities of his assets including mortgage debts, personal debts and all other commitments that he considers necessary to report.

Chapter IV — Processing of the asset declaration

Article 5: the National Office for the Fight against Fraud and Corruption ensures the processing of declarations received as well as observations made, where applicable, by taxable persons on the evolution of their assets.

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