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26 JUIN 2004. - Special Act to enforce and supplement the special Act of 2 May 1995 on the obligation to file a list of mandates, duties and professions and a declaration of heritage (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in We sanction the following:
Article 1^er. This special law regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The declaration referred to in Article 2, § 1^er, the special law of 2 May 1995 relating to the obligation to file a list of mandates, duties and professions and a declaration of heritage shall include, in addition to the mentions prescribed by the above-mentioned provision: the name, first name, domicile, place and date of birth of the declarant, the terms, duties or professions referred to in that provision, the date of commencement and the date of termination of such warrants, duties or professions, to the extent
It is dated and signed by the declarant.
Art. 3. The declarations referred to in Article 3, §§ 1^er and 2, of the special law of 2 May 1995 shall include, in addition to the mentions prescribed by § 1^er the above-mentioned article: the name, first name, domicile, place and date of birth of the registrant, as well as the duties resulting in the declarant being subject to the said special law.
They are dated and signed by the declarant.
Art. 4. § 1^er. The statements referred to in articles 2 and 3 of the special law of 2 May 1995 are either hand-delivered or sent by fold recommended to the post with acknowledgement of receipt.
§ 2. The Court of Auditors shall designate, among its staff, officials authorized to acknowledge receipt of hand-to-hand statements and recommended consignments.
§ 3. Hand-to-hand hand-collection can be done by the declarant in person or by a proxy carrier. The official of the Court of Accounts designated for this purpose shall immediately issue an acknowledgement of receipt dated and signed, specifying, where appropriate, the identity of the proxy holder.
The declaration of heritage must mention outside the name, first name and domicile of the registrant and the fact that it is a declaration of heritage.
The official of the Court of Auditors to whom a declaration of heritage is hand-over without being closed invites the applicant to close the fold.
§ 4. When a declaration of heritage is sent by recommended fold, this fold must contain a closed fold containing this declaration and mentioning on the outside the name, first name and domicile of the registrant and the fact that it is a declaration of heritage.
If the agent of the Court of Accounts designated for this purpose finds that a fold containing a declaration of assets is not closed, he closes it immediately and mentions the incident on the back of the fold.
Art. 5. In the course of January of each year, the list of intercommunal, interprovincial and public interest organizations on which a community or region exercises guardianship is addressed to the Court of Auditors by the official designated for that purpose by the President of the Government of the community or region concerned. The President shall notify the Court of the accounts of the designation. For the preparation of this list, the situation of the previous year is taken into account.
A public servant who, in order to communicate to the Court of Accounts the information referred to in the preceding paragraph, fails to fulfil this obligation or is in arrears, is liable to a fine of one hundred euros to one thousand euros.
Art. 6. In the course of February of each year, the names, names, place and date of birth, domicile and function of persons subject to the special law of 2 May 1995 as well as the date of entry into office, termination of office and expiry of the five-year period referred to in Article 3, § 2, second paragraph, of the said special law shall be communicated to the Court of accounts by the following persons:
1° the secretary of each of the governments referred to in Article 1^er, point 1, of the special law of 2 May 1995, for the members and commissioners of the government of these governments, for the Secretaries of State of the Government of the Brussels-Capital Region, as well as for the Heads of Cabinet and Deputy Heads of Cabinets of the ministerial offices of these governments and the Commissioners of the Government;
2° the clerk of each of the councils referred to in Article 1^erPoint 2 of the special law of 2 May 1995 for members of these councils;
3° as the case may be, the Secretary-General or the Secretaries-General, the Ministries of Community and Region, each for his department, for the General Service of these Ministries;
4° the deputy head of the organization, for public interest organizations on which communities or regions exercise guardianship;
5° the chair of the board of directors of each intercommunal and interprovincial, for the members of the board of directors and the steering committee.
A person who, who is required to communicate to the Court of Accounts the information referred to in the preceding paragraph, fails to comply with or acquiesce with delay, is liable to a fine of one hundred euros to one thousand euros.
The persons referred to in this section shall notify the Court of accounts of the death of persons subject to the special law of 2 May 1995 whose identity has been communicated to the Court under paragraph 1^er.
Art. 7. § 1^er. On 30 April of each year, the Court of Auditors shall establish a provisional list of persons who, being subject to the special law of 2 May 1995, did not send it the list provided for in section 2 of that Act or the declaration provided for in section 3 of the Act. It sends a written reminder, by registered letter, to each of these individuals. The person who considers it not subject to the special law of 2 May 1995 shall notify the Court of accounts by registered letter, by 15 May. The Court of Auditors shall examine the grounds and state to the individual, by registered letter, by 31 May, its final position as to the subjection of that person to the special law of 2 May 1995.
If, in the light of the information provided to it pursuant to section 6 or any other information that would be available to it, the Court of Auditors finds that the list of mandates, functions and professions sent by a person is incomplete or incorrect, the Court of Auditors shall notify the person, by registered letter. The person who considers that the list that she has sent does not contain any deficiencies or inaccuracies shall notify the Court of the accounts by registered letter, by 15 May. The Court of Auditors shall notify the interested party, by registered letter, by 31 May, of its final position as to the complete and accurate nature of the list.
§ 2. If the Court of Auditors concludes that a person is subject to the special law of 2 May 1995 or has submitted an incomplete or inaccurate statement, the person may, by registered letter, address the Council of the community or region concerned, by 15 June, to hear whether the person is not subject to the special law of 2 May 1995 or that the statement is complete and accurate.
The case is reviewed by a follow-up commission designated within the Commission concerned. The commission decides without appeal. Copy of its decision shall be communicated to the Court of Auditors and to the person interested in the services of the Council concerned by 30 June.
If a person is a member of more than one Legislative Assembly, the matter is examined by the Monitoring Committee of the Assembly of which it is a member as a direct elect.
§ 3. The final list of mandates, duties and professions and the final list of persons who have not submitted the list referred to in section 2 of the special law of 2 May 1995 or the declaration referred to in article 3 of the same special law shall be decided by the Court of Auditors on or before 15 July and communicated immediately to the services of the Belgian Monitor. Both lists are published by 15 August.
Art. 8. § 1^er. If a person subject to the special law of 2 May 1995 finds, after publication of the lists of mandates, functions and professions to the Belgian Monitor, a difference between the list published and the list addressed to the Court of Accounts, which is not the result of the application of Article 7, § 1^er, paragraph 2, it shall address a written correction to the Court of Auditors which shall ensure that the correction is published to the Belgian Monitor.
§ 2. If a person subject to the special law of 2 May 1995 finds, after publication of the lists of warrants, duties and professions to the Belgian Monitor, that the list that he has communicated to the Court of Auditors is incomplete or incorrect, he shall issue a written correction to the Court of Auditors.
If the Court is obliged to challenge the correction suggested in the light of the information provided to it in accordance with Article 6 or any other information that would be available to it, it shall notify the person concerned by registered letter.
If the Board considers that its correction is correct, it may be addressed by registered letter, within fifteen days of the submission of the recommended letter from the Court of Accounts, to the body provided for in Article 7, § 2, for that body to decide on the validity of the correction. Copy of the decision of the Board shall be communicated to the Court of Accounts and to the person interested in the services of the Board concerned, no later than one month after the receipt of the recommended letter from the correctional officer. These deadlines are suspended during parliamentary holidays.
At the end of the proceedings, the Court shall, if any, ensure the publication of the correction to the Belgian Monitor.
§ 3. If, after publication of the lists of mandates, functions and professions to the Belgian Monitor, information is provided to the Court of Auditors, indicating the incomplete or incorrect nature of a statement or the fact that a person subject to the special law of 2 May 1995 is not included in the lists published in the Belgian Monitor, the Court considers the validity of the information. If it considers it to be founded, it shall notify the person concerned, by registered letter, of its willingness to publish a correction to the lists.
If the interested person considers that the published list is complete and accurate or if it considers that it is not subject to the special law of 2 May 1995, it may be addressed by registered letter, within fifteen days of the submission of the recommended letter of the Court of Auditors, to the body provided for in section 7, § 2, in order to say that it is not subject to the special law of 2 May 1995 or that its statement is complete and accurate. Copy of the decision of the Board shall be communicated to the Court of Auditors and to the person interested in the services of the Board concerned no later than one month after the receipt of the recommended letter from the person concerned. These deadlines are suspended during parliamentary holidays.
At the end of the proceedings, the Court shall, if any, ensure the publication of the correction to the Belgian Monitor.
Art. 9. Upon the expiry of the five-year period referred to in Article 3, § 5, of the Special Law of 2 May 1995, the Court of Accounts shall refer to persons referred to in Article 1^er of this special law, by registered letter with acknowledgement of receipt, the declarations of heritage referred to in Article 3, §§ 1^er and 2, of this special law.
In the event that it is impossible to make restitution within the year of the expiry of the aforementioned five-year period, the Court of Accounts shall destroy the declarations of assets concerned, in accordance with Article 3, § 3, of the special law of 2 May 1995.
Art. 10. The declarations provided for in Article 3, §§ 1^er and 2, of the special law of 2 May 1995 may only be used as part of the criminal investigation referred to in Article 3, § 4, of the same special law.
Art. 11. The declarations referred to in Article 2, § 1^erthe special law of 2 May 1995 shall be retained by the Court of Auditors for a period of three years from the date of publication to the Belgian Monitor prescribed by § 2 of that article.
Upon expiry of this period, statements are destroyed by the Court of Auditors.
Art. 12. Article 1^er of the Special Law of 2 May 1995, the following amendments are made:
1° point 3 is completed as follows: "For the purposes of this special law, it shall be understood by General Officials, who shall be in one of the grades 16 and 17 or an equivalent rank; in organizations of public interest on which communities or regions exercise guardianship and in which no one is entitled to the title of deputy head, the law applies to the officer in charge;"
2° point 4 is replaced by the following provision:
“4. members of the boards of directors and boards of directors of intercommunal and interprovincial; »;
3° point 5 is supplemented by the words ", including the government commissioners".
Art. 13. Article 2, § 1^erParagraph 1^erthe special law of 2 May 1995 is replaced by the following:
« § 1^er. Persons who exercise in a year one of the functions or mandates referred to in Article 1^er file before 1^er April of the following year a written statement in which they mention all mandates, executive functions or professions, regardless of their nature, which they have exercised during the year cited in the first place, both in the public sector and on behalf of any natural or legal person, of any de facto organization or association established in Belgium or abroad. »
Art. 14. Section 3 of the special law of 2 May 1995 is amended as follows:
1° to § 1^erParagraph 1^erthe word "sealed" is replaced by the word "closed";
2° to § 1^erParagraph 1^er, the words "relative to the state of their heritage on the day of their entry into office" are inserted between the words "a declaration of heritage" and the words "certified on the exact and sincere honor";
3° § 2, paragraph 1^er, is supplemented by the following sentence:
"This statement is related to the state of their heritage on the day of the expiry of the mandate or resignation. »;
4° § 2, paragraph 2, is supplemented by the following sentence:
"This statement is related to the state of their heritage on the day the five-year period referred to in the previous sentence expires. »;
5° in § 3, the word "sealed" is replaced by the word "closed";
6° § 3 is supplemented by a second paragraph, which reads as follows:
"The staff of the Court of Auditors and any depositary or holder of the declaration of assets shall be held in professional secrecy in accordance with Article 458 of the Criminal Code. »;
7° to § 5, the words "After death or" are deleted;
8° it is added a § 6, which reads as follows:
“§ 6. Heritage declarations referred to in §§ 1^er and 2 deceased persons are destroyed upon the expiration of one month from the date of death. »
Art. 15. This special law comes into force on the first day of the seventh month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Brissago on June 26, 2004.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
The Minister of Justice,
Ms. L. ONKELINX
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1)
House of Representatives.
Documents:
458 - 95/96:
No. 1: Bill of Law of Mr. Tant et al. - No. 2: Opinion of the State Council. - n^bones 3-5: Amendments. - No. 6: Report. - No. 7: Text adopted by the Commission.
Annales de la Chambre des représentants : 29 et 30 avril 1997
Senate.
Documents:
1-622-1996/1997:
No. 1: Project transmitted by the House of Representatives. - No. 2: Amendments.
1-622 - 1997/1998:
No. 3: Opinion of the State Council. - n^bones 4-7: Amendments. - No. 8: Opinion of the State Council. - No. 9: Amendments. Report. - No. 11: Text adopted by the commission. - No. 12: Amendments filed after approval of the report.
Annales du Sénat : 11 juin 1998
House of Representatives.
Documents:
458 - 95/96:
No. 8: Draft amended by the Senate. - n^bones 9 and 10: Amendments. Report. - No. 12: Amendments. - No. 13: Report. - No. 14: Text adopted by the commission. - No. 15: Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre des représentants : 29 et 30 avril 1999.
Senate.
Documents:
2-290 - 1999/2000:
No. 1: Project transmitted by the House of Representatives under the previous legislature and a statement of caducity.
2-290 - 2000/2001:
n^bones 2 and 3: Amendments.
2-290 - 2002/2003:
n^bones 4 and 5: Amendments. - No. 6: Report. - No. 7: Text amended by the commission.
Annales du Sénat : 12 et 13 février 2003.
House of Representatives.
Documents:
Doc 50 2304/ (2002/2003):
001: Draft amended by the Senate. - 002: Report.
Doc 51 0641/ (2003/2004):
001: Special bill passed by the Senate under the previous legislature and a record of caducity. - 002: Report. - 003: Amendment. - 004: Text adopted in plenary and subject to Royal Assent.
Full report: 27 May 2004.