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Government Ethics Law.

Original Language Title: LEY DE ÉTICA GUBERNAMENTAL.

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1 index Legislative Decree No. 873 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by means of Decree legislative Nº 1038 of date 27 April 2006, published in the Official Journal No. 90, vol. No. 371, dated May 18, 2006, approved the law of Government Ethics, whose validity dates from July 1, 2006.
II.-that the law of Government Ethics has been dictated to comply, among others, article 1 of the Constitution, the Inter-American Convention against corruption, the United Nations Convention against corruption, and the Framework Treaty of democratic security in Central America.
III. who establish a proper system of Government Ethics, is fundamental to the development of the democratic institutions of the country, the correct management of public assets, the fight against corruption and the efficiency of public administration.
IV.-that the existing Government ethics law requires comprehensive reform, in order to strengthen the Court of governmental ethics and their effectiveness in the prevention and punishment of actions contrary to public ethics.
Therefore, in use of his constitutional powers and at the initiative of MEPs: Francisco Roberto Lorenzana Duran, Federico Guillermo Avila Qüehl, José Antonio Almendáriz Rivas, Blanca Noemi Coto Estrada, Norma Fidelia Guevara Ramirios, Germán Gregorio Linares Hernandez, Douglas Leonardo Mejia Aviles, Erik Mira Bonilla, José Margarito Nolasco Díaz, Orestes Fredesman Ortez Andrade, Maria Margarita veiled bridges and Francisco José Zablah Safie, and with the support of the members : Ciro Cruz Zepeda Peña, Guillermo Antonio Gallegos Navarrete, Alberto Armando Romero Rodríguez, Lorena Guadalupe Peña Mendoza, Cesar Humberto García Aguilera, Elizardo González Lovo, Roberto José d'Aubuisson Munguia, Irma Lourdes palaces Vasquez, Héctor Antonio Acevedo Moreno, Miguel Elias Ahues Karra, Ernesto Antonio Angulo Milla, Lucia del Carmen Ayala de León, Eduardo Enrique Barrientos Zepeda, Yohalmo Edmundo Cabrera Chacón, Carmen Elena Calderón Sol of Escalon , Erick Ernesto Campos, Felix Agreda Chachagua, Dario Alejandro girls Argueta, Norma Cristina Cornejo Amaya, José Álvaro Cornejo Mena, Carlos Cortez Hernandez, Luis Alberto Corvera Rivas, Santos Eduviges Crespo Chavez, Nery Arely Diaz de Rivera, Antonio Echeverria Veliz, Margarita Escobar, Emma Julia Fabian Hernandez, Carmen Elena Figueroa Rodriguez, Santiago Flores Alfaro, Jose Rinaldo Garzona Villeda, Eduardo Antonio Gomar Morán, José Nelson saved Menjivar , Iris Marisol war Henriquez, Jaime Ricardo Handal Samayoa, Rafael Antonio Jarquin Larios, Benito Antonio Lara Fernández, Reynaldo Antonio López Cardoza, Osmin Lopez Escalante, Hortensia Margarita Lopez Quintana, Mario Marroquin Mejia, second Alexander Dagoberto Marroquin, Ana Guadalupe Martinez Menendez, Guillermo Francisco Mata Bennett, Misael Mejia Mejia, Alexander Higinio Melchor López, Manuel Vicente Menjivar Esquivel, Juan Carlos Mendoza Portillo, Edgar Alfonso Montoya Martínez , Rafael Ricardo Moran Tobar, Oscar Ernesto Novoa Ayala, Guillermo Antonio Olivo Mendez, Maria Irma Elizabeth Orellana Osorio, Rubén Orellana, Rafael Eduardo Paz Velis, Gaspar Armando Portillo Benitez, Zoila Beatriz 2 index legislative jaw Solis, Cesar Rene Florentin Reyes Dheming, David Ernesto Reyes Molina, Dolores Alberto Rivas Echeverria, Gilberto Rivera Mejía, Mauricio Ernesto Rodriguez, Abilio Orestes Rodriguez Menjivar, David Rodriguez Rivera, Sonia Margarita Rodriguez Sigüenza , Ana Silvia Romero Vargas, Rodrigo Samayoa Rivas, Karina Ivette Sosa Lara, Manuel Rigoberto Soto loop, Jaime Gilberto Valdez Hernandez, Ramon Aristides Valencia Arana, Mario Eduardo Valiente Ortiz and Guadalupe Antonio Vásquez Martínez.
DECREES the following: law of ethics Government chapter I provisions and general definitions object of the law article 1.-the present law aims to regulate and promote the ethical performance in the public service of the State and the municipality, prevent and detect corrupt practices and punish acts contrary to the obligations and the ethical prohibitions in the same.
Scope of application article 2.-this law applies to all public, permanent or temporary, paid servers or ad-honorem, exercising his office by election, appointment or contract, providing service in the public administration, either inside or outside the national territory.
They are also subject to this law in whatever applicable, other people who, without being servers public, manage assets or manage public funds.
Are also subject to the former public servants for the transgressions to this law that have been committed in the performance of its public service; or for violations of the ethical prohibitions referred to in article 7 of this law.
Definitions article 3.-for the purposes of this Act means: to) public function. All activity temporary or permanent, paid or ad-honorem, carried out by a natural person on behalf of the State, at the service of this, or its entities in any of their hierarchical levels.
(b) public official. Natural person who provides services within the public administration, with ability to make decisions within the remit of his office temporarily or permanently.
(c) public employee. Natural person temporarily or permanently providing services within the public administration and to act by order or delegation of the officer or higher hierarchical, within the powers set out in his office.

3 legislative index d) public servant. Natural person who is serving temporarily or permanently within the public administration.
(e) public funds. They are from the public or municipal finance used for the performance of functions, purposes, powers, or activities of a public nature.
(f) corruption. It is the cargo and abuse of public property, committed by a public servant, by action or omission, to obtain an economic benefit or otherwise, for Yes or in favour of a third party.
(g) particular. Natural or legal person who has no working relationship with public administration whom this provides you services.
(h) goods. Any assets, movable or immovable, tangible or intangible.
(i) public administration. Means covered the legislative bodies, Executive and Judicial, decentralized and autonomous official institutions, municipalities and other institutions of the State.
j) conflict of interest. There are situations in which the personal interests of the public servant or relatives within the fourth degree of consanguinity and second of affinity, come into conflict with the public interest.
Chapter II standards ethical principles, duties and prohibitions ethical principles of the ethics public article 4.-the performance of persons subject to this law shall be governed by the following principles of public ethics: a) supremacy of the public interest. Always precede the public interest over private interests.
b) integrity act with integrity, fairness and honesty.
(c) equality treat all people equally under similar conditions.
d) impartiality to proceed with objectivity in the performance of the public service.

4 legislative index e) Justice give everyone what corresponds, according to law and reason.
(f) transparency Act so accessible that any natural or legal person who has legitimate interest to know if the actions of public servants are attached to the law, efficiency, effectiveness and responsibility.
(g) liability with diligence the obligations of office or public employment.
(h) Act legality with regard to the Constitution and laws within the framework of its powers.
(i) Fairness Act with loyalty to the goals of the State and of the institution in which he serves.
j) decorum, keep the rules of civility, respect and good education in the exercise of public office.
(k) efficiency the institutional objectives at the lowest possible cost.
(l) effective use of resources from the State in a way suitable for the institutional purposes.
(m) accountability accountability of public management to the competent authority and to the public.
Ethical duties Article 5.-all persons subject to this law must meet the following ethical obligations: to) use the goods, funds, public resources or services contracted solely for the fulfillment of the institutional purposes for which they are intended.
(b) denounce the Court of ethics Government or with the respective governmental Ethics Commission, alleged violations of duties or ethical prohibitions contained in this Act, that may have knowledge in the exercise of its public function.
(c) excuse to intervene or participate in matters in which he, his spouse, cohabitant, relatives within the fourth degree of consanguinity or second of affinity or partner, have a conflict of interest.

5 index legislative prohibitions ethics article 6.-are ethical prohibitions for persons subject to this law: to) request or accept, directly or through an intermediary person, any goods or services of economic value or additional benefit to those perceived by the performance of its work, by make, rushing, slow or stop making formalities relating to their functions or tasks.

(b) soliciting or accepting, directly or through an intermediary person, any goods or services of economic value or benefit that perceived by the performance of their duties, to assert their influence by virtue of the position he occupies to another person subject to the application of this law, with the aim that this make, speed, slow or stop doing formalities relating to their functions or tasks.
(c) receive more than one coming from the State budget remuneration, when tasks must be exercised at the same time, except for those expressly allow the legal system.
(d) perform simultaneously two or more positions or jobs in the public sector that are incompatible each other by express prohibition of the applicable legislation, because in the hours of work or because they go against institutional interests.
(e) conduct private activities during regular hours of work, except those allowed by law.
(f) require or request from subordinates that they use ordinary work time to make activities that are not that will be given to the institutional purposes.
(g) to accept or maintain employment, contractual relations or responsibilities in the private sector, which undermine impartiality or provoke a conflict of interest in the performance of its public function.
(h) to appoint, hire, promote, or ascend in the public entity that presides over or where exercises authority, to your spouse, cohabitant relatives within the fourth degree of consanguinity or second of affinity or partner, except for cases permitted by law.
(i) delay without legal reason the provision of services, procedures and administrative procedures corresponding you according to their functions.
It means delay when a person subject to the application of this law differ, stops, hinders or dilates the provision of services, procedures and administrative procedures not abiding by regulated in the law, in the ordinary parameters laid down in the public institution or, failing that, don't do it in a reasonable time.
(j) deny to a person providing a public service to which is entitled, because of nationality, race, sex, religion, political opinion, social or economic condition, 6 index legislative disabilities or any other unjustified reason.
(k) improper use of movable or immovable property of the institution to make acts of partisan political proselytizing.
(l) invoke the charge to make partisan politics.
Ethical prohibitions for the former servers public article 7.-are ethical prohibitions for former public servants, during the year following the cessation of their functions: to) provide, personally or through any person, information, advice or represent natural or legal persons in formalities, procedures, processes or claims which were submitted to the Court or in which intervened directly or indirectly during the exercise of their public function and be against the legitimate interests of the institution for which they worked.
b) work for a natural or legal person with whom the institution in which it was serving effected contracts of works, goods or services, when the person subject to the application of this law has been directly involved in acquisition, contracts awarding procedure, can never be more than three years, prior to the cessation of their functions.
Chapter III benefits improper and exceptions benefits improper article 8.-is legally presumed that there are improper gain in cases of acceptance or application of any good or service of economic value, or other additional benefits by a person subject to this Act in the performance of their duties, if they come from a person or entity that: to) develop activities regulated or controlled by the institution.
(b) manage or operating concessions, authorizations, privileges or franchises granted by the institution.
(c) either applicant, contractor of goods or services of the institution for which he works.
(d) have interests that may be significantly affected by the decision, Act, delay or omission by the institution.
Exceptions article 9.-are excepted from the prohibitions in the letters a) and b) of article 7 legislative index 6 of this law: to) the awards granted by foreign Governments under the conditions regulated by law.
(b) recognition, awards or distinctions because of cultural, academic, scientific works or acts of heroism, efficiency or human solidarity issued by governmental and non-governmental, national or international institutions.
(c) expenses of travel and stays by other Governments, academic institutions, international agencies or non profit, to dictate or attending conferences, courses or events of a cultural nature, as well as to participate in observation Tours.
(d) the gifts of courtesy diplomatic or consular.
(e) promotional gifts, and generally reasonable commercial discounts received by any person subject to this law a personal or institutional level, provided that the same are not conditioned or tend to influence the own tasks of the office or employment.
Chapter IV Court and committees of ethics section first court of ethics governmental autonomy and the nature of the Tribunal of ethical Government article 10.-create the Court of Government Ethics, which in the text of this law is referred to as the "Court", as an institution of public law, with legal personality and own patrimony, with autonomy in the technical, administrative and budget for the exercise of functions and powers which designates this law.
The Court is the governing body of public ethics, responsible for ensuring compliance with this Act, for which purpose will not be subordinated to any authority, so that it can carry out its functions effectively and without undue influence.
The Court will be based in the city of San Salvador and may establish offices in any place in the country, according to the needs in the provision of their services.
Composition of the plenary article 11.-the plenary of the Tribunal is collegiate body composed of five owners members: one elected by the Legislative Assembly, who shall be the President, another appointed by the President of the Republic, one elected by the Supreme Justice Court and another appointed by the Court of 8 index Legislative Auditors of the Republic and the other elected by holders of the public prosecutor's Office; they will last five years in office, and may be reelected and perform their duties full time.
They will also be elected or appointed as provided in the foregoing paragraph to five alternate members, who will replace the respective owner in case of death, resignation, temporary permit or inability to attend, excuse or objection; in such cases they shall accrue proportional salary corresponding to the Member replaced during the time that integrates the Court or per diem when they are called to meet exclusively in one or several specific issues.
In case of death or resignation of one alternate member, shall the House request the authority with corresponding vacancy, that carry out the election or designation of the replacement within the period of eight days following the request, who will conclude the period of the replaced. If he is not effected the election or designation in the earlier period, can the plenary of the Court call any of the other alternates until the authority to choose or designate the respective alternate member.
When due to temporary circumstances the respective alternate member could not attend the call that commits the House, it can call any of the other alternates.
The members of the Court shall not be subject to any imperative mandate of the authority that appointed them or choose them.
Within 30 days prior to the end of the period for which were elected or appointed, owners and deputy members of the plenary session of the Tribunal, the competent authority must re-elect, choose or appoint such members.
Excuses and challenges article 12.-the members of the plenary shall excuse know of any matter in which he or his relatives within the fourth degree of consanguinity or second of affinity, partner, spouse or cohabitant has interest or when other circumstances concur that can influence their impartiality, reasons behind it. If submission of objection, this should contain the identity of the Member of Parliament whose impartiality is in question, as well as the reasons that finger-pointing is based.
The plenary, with the exception of the Member involved, shall decide on the excuse put forward within the period of eight days after its presentation, which you can accept or reject it; If I will accept it, you must call the alternate respective. If the excuse in a same administrative matter is presented by three or more members of the plenary, this excluding them should call their respective alternates.

Full, with the exception of the challenged Member, shall send it to hear within the third day, so making use of his right of Defense Express if it is or is not in accordance within the three days following its notification. The plenary must resolve within a period of eight days if he accepts or not the challenge; If so, it will spread awareness of the issue and respective alternate will call.
Requirements for membership of the Court of ethics 9 index legislative article 13.-to be member of the Court of ethics is required: to) be Salvadoran.
(b) greater than 35 years.
(c) morality, instruction and apparent powers.
(d) not having been sanctioned by acts of corruption.
(e) have university degree or five years of proven experience in the public service.
(f) be the enjoyment of the rights of citizens and have been in the five years prior to the performance of his office.
Disabilities article 14.-cannot be elected or appointed as members of the House: a) the sanctioned for violating this law.
(b) the spouse, cohabitant or relatives each other within the fourth degree of consanguinity or second of affinity or partner of a member of the House.
(c) the spouse, cohabitant or relatives within the fourth degree of consanguinity or second of affinity or partner, with the President or Vice-President of the Republic, members of the Legislative Assembly and the Central American Parliament, the President and judges of the Supreme Court of Justice, President and Magistrates Court of accounts Republic, Procurator for the defence of human rights Prosecutor General of the Republic, Attorney General of the Republic, Ministers or Vice-Ministers of State, Chairmen of autonomous institutions including the El Salvador's Social Security Institute, the autonomous port Executive Commission and of the Río Lempa hydroelectricity.
Incompatibilities article 15.-the exercise of the office of Member of Parliament is incompatible with the following activities: to) take positions in the organs of direction or of representation of political parties.
(b) to exercise other public office, with the exception of teaching or cultural character and activities related to social assistance services, provided and when not in prejudice to the performance of its functions.
Violation of the provisions of this article shall constitute causal removal.

10 index legislative causes of removal article 16.-the members of the plenary will be removed for the following reasons: to) be convicted of the Commission of an intentional crime.
(b) have been sanctioned for violation of prohibitions or ethical duties set out in this law.
(c) serious breach of the duties and functions inherent in the position.
(d) physical or mental disability that hinders the exercise of office.
(e) engage in any of the grounds of the incompatibilities referred to in article 15 of this law.
(f) breach the obligation to pay the annual work report to the legislature.
Article 17.-the removal procedure procedure for removal of members of the plenary will start ex officio, or through written complaint with the authority that appointed him or chose.
Once the procedure has begun, the authority will audience member of the plenary to within a period of five days counted from notification respective, present in written form following the corresponding allegations.
Elapsed that term, with allegations or without them, opens the procedure to test for a period of eight days, period in which relevant evidence, which will be assessed according to the rules of sound criticism may be submitted.
Completed the probationary term, the competent authority shall within ten days to pronounce the final resolution, which will establish if it has place whether or not removal.
Within the three days following the notification of the final decision may plenary member appeal for reconsideration to the authority which gave it, who should resolve within a maximum of five days. The authority must be knowledge of the plenary the final ruling in the procedure.
Integration and functional regime article 18.-the highest authority of the Court will be the plenary, which will be formed by five members of the owners or their respective substitutes. The Court, in addition, shall consist of commissions of governmental ethics of each one of the institutions of the public administration, as stated in the present law.
The plenary, as a collegiate body, is the meeting of owners members in 11 index legislative session, in sufficient numbers to form the quorum established by this law.
The plenum to be held validly when previously summoned to attend at least three of its members, or when all of its members agreed to install it without prior summons.
The plenary shall take decisions with as three of its members vote and which do not concur with your vote you can reason reason for their disapproval or abstention, according to the case.
Functions and powers of the Tribunal article 19.-the functions and powers of the Court of governmental ethics, are as follows: to) promote and disseminate to all public servants and persons subject to the application of this law, the respect and observance of ethical standards; the principles, rights, duties and ethical prohibitions contained in this Act; and ethical culture in the general population.
b) empower the members of the committees of ethics and other servers public; as well as to the persons subject to the application of this law on ethics in the public service, to prevent acts of corruption and other aspects related to this Act.
(c) such other functions and duties determined by this law.
Functions and powers of the House article 20.-are functions and plenary powers: to) arrange the sanctioning administrative procedure for complaint or ex officio, and impose sanctions on persons subject to the application of this law, violating the duties or ethical prohibitions.
(b) give answers to queries made on this law.
(c) promote mechanisms to ensure transparency in the public administration.
(d) keep a register of the members of the commissions of Government Ethics of public administration institutions.
(e) create organizational units in response to the needs of the Court and according to the budget estimates.
(f) to appoint, hire, transfer, remove, license and accept the resignation to officials and public servants hired by the Court.
(g) formulate and approve the regulation of this law and the regulations required for your application, with the concurrent of at least four of its members vote.

12 index legislative h) approve its draft budget and the regime of salaries of the Court, which shall be sent to the Executive Body for consideration in the General State budget; as well as approve transfers of funds between budget items.
(i) approve the annual report of the court proceedings to be submitted to the Legislative Assembly.
j) acquire or accept goods which come from sales, grants, trusts, inheritances, legacies or other sources.
(k) adopt policies, actions, plans, programmes and projects relating to the application of ethics in the public service, ethics government law and other institutional rules.
(l) approve the signing of alliances and agreements with governmental and non-governmental, national and international institutions for the fulfillment of the institutional objectives.
(m) periodic publication by means deemed appropriate the registration of appropriate sanctions.
(n) such other functions and duties determined by this law.
Heritage of the Court article 21.-the heritage of the Tribunal will be formed by: to) the resources which the State confers.
(b) allocations determined him in his budget.
(c) the real and personal property acquired for the performance of its functions.
(d) grants, contributions and donations which granted.
(e) other income legally.
Functions of the President or President article 22.-the President of the Court shall have the following functions: to) exert legal, both judicial and extra-judicial representation of the Court.
(b) direct the development of the plenary sessions.
(c) submit the annual report of the work of the Court to the Legislative Assembly.

13 legislative index d) authorize together with the Secretary General the books that may be necessary for the functioning of the Court.
(e) to exercise such other functions and powers which are according to the law.
Secretary. General article 23.-the Court will work with a Secretary-General, who shall act as Secretary of the proceedings of the House and will have the following functions: to) draw up the agenda of the sessions of the plenary and the calls.
(b) to document issues that are submitted to the plenary.
(c) attend the meetings of the plenary with voice but without vote, prepare the minutes and form with them the corresponding books.
(d) take and keep the book of acts and agreements of the plenary sessions.
(e) receive and channel all requests and correspondence addressed to the plenary and dispatched by it.

(f) implement, communicate and certify agreements of the plenary, be tracked and monthly reporting compliance.
(g) certifying the actions of the House.
(h) the others which entrusted this law.
Report annual Article 24.-the Court, through its President, shall annually to the Legislative Assembly report detailed and documented the work of the Court.
This obligation must be met in the month of June of each year.
Second section committees of ethics commissions Government Ethics Government article 25.-There will be a Commission in each of the following institutions: to) Legislative Assembly.
(b) the President of the Republic).

14 index legislative c) Supreme Court of Justice.
(d) secretariats of State.
e) National Council of the judiciary.
f) Court of accounts of the Republic.
(g) Attorney General of the Republic.
(h) Attorney General of the Republic.
(i) Attorney for the defense of human rights.
j) Supreme Electoral Tribunal.
(k) University of El Salvador.
(l) in all official institutions autonomous or decentralized including the Salvadoran Social Security Institute, Commission Executive Portuaria Autónoma, and of the Río Lempa hydroelectricity, which have been created in this way in his act of creation.
(m) in each of the municipalities in the country and in the Salvadoran Municipal Development Institute.
The institutions of the public administration may apply to the Court the exemption from the obligation to comply with governmental Ethics Commission when there are reasonable circumstances that do not allow its creation or not it can fulfil the purpose for which have been provided for the respective commissions. In these cases, the Court must be carried out the circumstances, resolved accordingly and indicating, if reliable reasons, to a person who carries out the functions assigned by this law to the ethics committees.
Similarly, can the Court comply ethics commissions in the decentralized institutions when they so request it.
How to integrate the committees article 26.-each Ethics Commission will be composed by three members of owners that will last in its three-year functions, and may be reelected, and three alternates who will replace those in the cases of temporary absence, excuse or objection, it shall apply the procedure laid down in article 12 of this law, there will be what is relevant.
Such members must belong to the staff of the institution in which they work; the regulations under this law shall determine how to make the appointment, cases of disability and how to resolve them.

15 index legislative the owners and alternate members shall be appointed one by the authority; Another Court of governmental ethics; and the third by election officials and public employees of the respective institution.
The functions of the members of the commissions shall be deemed inherent to the position you play and will not bear so no special compensation; However, when for the fulfilment of these functions should work overtime, they shall be entitled to payment of the respective remuneration according to the budgetary regime of each institution.
The authorities should provide them with space, furniture, equipment and grant them the time needed to meet the responsibilities established by this law.
Functions of the committees of ethics article 27.-the functions of the ethics committees are: to) refer to the Tribunal the information obtained from an internal investigation carried out by the institution, when it identifies a possible violation of the duties or ethical prohibitions.
b) receive complaints when a public servant of his institution has infringed this law, and in such case, refer it to the Court for its processing.
(c) follow-up on final resolutions issued by the Court in the administrative proceedings against public servants of their institution.
(d) to disseminate and train public servants of your institution on ethics in the public service, this Act and any other legislation related to the purpose of preventing acts of corruption.
(e) propose to the Court measures that contribute to the better implementation of this law.
(f) responding to queries regarding the scope of application of this law, on the basis of the criteria laid down by the Court.
(g) any other pointing him to this Act.
Notification of cessation of functions article 28.-when for any reason, a member of the Committee on ethical termination of duties on a permanent basis, the competent authority shall notify that fact to the Court, for the relevant purposes.
Chapter V rights of the servers public article 29.-the server public has right to: 16 legislative index to) make inquiries to the Court and its respective Committee on ethics, on the implementation of this Act and concerning government ethics-related situations.
(b) public recognition and encouragement for acts of faithful compliance with ethical principles, heroism, sacrifice and human solidarity.
Chapter VI procedure for research forms home article 30.-any person may, by Yes or through representative, filed a complaint with the respective governmental Ethics Commission or to the Court against any person subject to the implementation of this law, acts that may constitute breaches of duties or ethical prohibitions.
When the complaint is filed before a governmental Ethics Commission, this must return within the third day to the Court.
The Court may initiate ex officio the procedure when a governmental Ethics Commission refer you information obtained from an internal investigation, and it is to identify a possible violation of the duties or ethical prohibitions.
The Court may also initiate ex officio research where it considers that there are sufficient indications of the possible violation of this Act by information disclosed publicly or obtained through notice or in a procedure.
No requirement of formalities article 31-in procedures are not required formalities for processing, unless necessary to the validity of certain acts and the right to due process.
Requirements of the complaint article 32.-the complaint may be submitted in written or oral form and shall contain the following requirements: 1. identification of the complainant.
2. identification of the alleged person subject to the application of this Act or data allowing to identify the alleged infringer.
3. clear description of the reported fact, place, date or time of your Commission or other circumstance that may serve to clarify the facts.
4. place to hear notifications.

17 INDEX LEGISLATIVE 5. Signature or fingerprint of the accuser.
The complaint may be personally or with legalized signature.
When the complainant not to identify the information notice is estimated. Also shall be deemed notice that information disclosed publicly.
When the complaint is filed orally, you must get up a certificate stating the same.
Article 33.-an initial processing time received the complaint or notice, or initiated the procedure ex officio, if there are elements that help determine the possible violation of a duty or ethical prohibition, the Court will proceed to initiate the preliminary investigation.
In the resolution where the investigation is ordered, the Court may require the holder of the institution in which work the respondent that yield a report on the subject of research, within a maximum period of ten days.
If the offending event is an official elected or second grade, the report should be rendered directly by this.
Received or not to this report, the Court will solve if you continue the procedure or if you archive the proceedings.
The Court shall notify promptly to the complainant and the respondent, where appropriate, the decision.
The complainant can participate actively in the sanctioning administrative procedure and for this purpose the Court, shall notify all decisions enabling them to exercise their rights.
Article 34 procedure. Once ordered the opening of the procedure, the respective resolution shall be notified to the complainant in his case and the defendant, within the period of five days, make use of its right of defence.
Expiry of the previous period, the Court shall have twenty days to collect relevant evidence. This period may be extended up to a maximum of fifteen days, if required by the complexity of the investigation and mediating resolution duly motivated.
Receipt of evidence article 35.-the Court will collect all kind of necessary to clarify, determine and check the facts under investigation. In exercise of these powers may require the 18 legislative index reports or documentation relevant to its investigations, as well as to summon those who relate to the cases in question.
The Court may examine, sort attested or perform extracts of books and documents, including accounting, and appoint experts in matters that related to investigations.

The Court may make the investigation of the facts and the reception of test through instructors, who will act by express and written delegation of the tribunal for each research diligence.
The instructor must save necessary confidentiality about the actions of the research, even after the conclusion.
Poured tests will be assessed according to the system of healthy criticism. In no event will proceed the acquittal of positions. When it is necessary to require the services of experts, preference is given to professional public managers who do not work in the same institution of the defendant. In case of need to use experts who do not form part of the public administration, their fees shall be cancelled by the Court.
Requirements of the Instructor article 36.-to be instructor is required: to) be Salvadoran.
(b) greater than 25 years.
(c) Attorney or other profession requiring the Court, preferably with experience in public administration or in investigative activities.
(d) morality, instruction and apparent powers.
(e) not having been sanctioned by crimes against the public Treasury or ethical violations in the past five years.
(f) be the enjoyment of the rights of citizens and have been in the five years prior to the performance of his office.
Article 37.-a final resolution time passed the probationary term or received all the test, the Court must issue the duly reasoned final decision within a maximum period of ten days, either punishing or absolving, depending on the case, which must be notified to the parties.
Once firm is the final decision, the Court shall notify it the institution to which belongs the offender, through the respective Ethics Commission, so that it is incorporated into the sanctioned record. In case of coming, must be notified the relevant institutions that 19 legislative index make up the public prosecutor's Office, Court of the Civil Service and to the Court of accounts of the Republic.
Accumulation of procedures disciplinary article 38.-the Court will earn the administrative disciplinary procedures, if in them the fact is attributed to several offenders, or that several violations of duties or ethical prohibitions are attributed to a single offender, provided that it is no unreasonable delay the procedure and before the reception of evidence; otherwise, the procedures will continue on separate records.
Appeal for reconsideration article 39.-the complainant and the respondent may be brought before the Court, the appeal for reconsideration against the resolution mandating the file of the proceedings or the final resolution, within the three days following the notification, which must be resolved within a maximum period of five days.
In that resolution it may revoke, reform or confirm the contested.
Clarifications and corrections article 40.-the Court may ex officio lighten dark concepts or correct material errors containing the resolutions, provided that you do not modify the essence of the same and do not affect the rights of the parties.
Evidence of the Commission of crime article 41.-when in the administrative penalties procedure is determined that evidence on the apparent Commission of an offence, there is the Court shall certify the information obtained and shall forward it to the Attorney General of the Republic for the corresponding legal effects.
Chapter VII sanctions imposition of sanctions article 42.-once proven breach of the ethical duties or violation of ethical prohibitions provided for in this law, without prejudice to liability criminal, civil or other court which gives place, will impose the corresponding fine, whose amount will not be less than a minimum monthly wage up to a maximum of forty minimum monthly wages in urban for the trade sector.
The Court shall impose a penalty for each proven violation.
Proportionality and Base the sanction article 43.-to impose the penalty of fine, the Court will take into consideration the criteria which this law points out, so it will be proportional to the offence committed by the 20 legislative index people subject to the application of this law.
Criteria for determining the amount of the fine article 44.-the amount of the fine shall be determined considering one or more of the following aspects: to) the seriousness and circumstances of the fact committed.
(b) the profit or earnings obtained by the infringer, spouse, cohabitant relatives within the fourth degree of consanguinity or second of affinity or partner, as a result of the acts or omissions constituting the offence.
(c) the harm done to the public administration or third parties.
(d) the capacity of payment, and the potential income of the sanctioned at the time of the offence.
Execution of the sanction article 45.-the punishment of fine will run the Court, and once buy firmness at the administrative final resolution which imposes it; for this purpose the Court will order in the final resolution the issuance of the writ of respective income.
Term of payment of the fine article 46.-La fine penalty must cancel within the 60 days following the notification of the decision which puts an end to the procedure. The certification of the firm resolution that imposed it, will be enforceable.
Within the period referred to in the preceding paragraph, the sanctioned may ask the Court the payment of the fine by periodic installments. The Court may grant such benefit, according to the particular circumstances of the sanctioned and establishing conditions for the payment of the fine.
This after the deadline while proving the payment of the fine to the Court, inform the Attorney General of the Republic perform payment by the appropriate legal channels. In the same way be breaching conditions of payment by installments.
Nullity article 47.-in the administrative procedure it may declare null and void ex officio or upon request of a party. Cases of nullity must be in the law. When it is invoked by any of the parties it is necessary that produce you or have produced a grievance.
The nullity of a procedural act, when it is declared, will invalidate all acts resulting from it, provided that the invalidity is essential to repair the tort of the party alleging it.

21 index legislative causes of invalidity article 48.-the Declaration of invalidity shall be in the following cases: a) the omission of procedures essential in order that the Act reaches its end.
(b) the acts or omissions causing helplessness.
c) when a subject knows a member of the Court and is obliged to excuse themselves in accordance to the law.
Article 49.-no prescription sanctioning administrative procedure can be started once after five years from the day that the fact has been committed.
The execution of the penalty of fine imposed for breaches of this law in the administrative proceedings, will be prescribed in the term of five years counted from the day following the expiry of the period granted for payment, without make any action aimed at its collection.
Also extinguishes the opportunity to start or continue the procedure when the alleged person has died.
Article 50.-the Court of ethics Government sanctioned record will take a public register of persons who have been punished according to the present law.
After five years of having served the sentence imposed, the person concerned may request to be excluded from this record.
Chapter VIII arrangements applicable to individuals facing the public service.
Rights of individuals.
Article 51.-for the purposes of this law, individuals will have the following rights: to) that respect you the right audience, in accordance with the Constitution and other laws.
(b) have access to information that by law, the public servant must provide.
(c) be protected its identity, when you have denounced acts of corruption by any public servant.

22 legislative index d) that respect their honour, intimacy and image by public servants.
Duties of individuals.
Article 52.-for the purposes of this law, are individuals, the following duties: to) denounce all acts of corruption that has knowledge, carried out by public servants in the exercise of their duties.
(b) respect the honour, personal privacy and image of public servants.
(c) not to hinder the work of public servants.
(d) collaborate with public servants, when they are requested because of his position and their functions, and in cases of emergency or public need.
Chapter IX citizen participation in the Control of public law ethics and duty of complaint article 53.-any person, whether or not Server public, by Yes or through representative, has the right and the duty to denounce the acts which, under this Act, constitute an ethical transgression.
Facilities to submit complaints article 54.-the public institutions through its Commission on ethics, are required to facilitate the receipt and channelling of complaints of citizens and to communicate the final resolution.

Promoting ethics in the service public article 55.-the Court of Government Ethics and the commissions will be required to widely promote among the citizens of the knowledge of this law.
Promotion in the system educational article 56.-the Ministry of education included in the curricular content of the various academic levels, the study of this law and the importance of ethical values and the responsibility of public servants.
Chapter X provisions late transitional, effective resources and financing 23 index legislative article 57.-the State will provide the necessary resources for the proper functioning of the provisions of this law, which must be entered in the General budget of the nation.
Ongoing training of public servants article 58.-any public institution shall ensure that their public servants without exception devote a workday per year to read, explain and discuss the contents of this law.
Induction and training article 59.-the Court of Government Ethics must be induction courses or other appropriate activities to promote public ethics the highest authorities of the institutions and other officials elected or second degree in public administration.
All superior organ of the public institutions will allocate a session per year of at least four hours reading, explanation and discussion of this law.
Obligation of collaboration article 60.-the Court may require the competent public servant collaboration or assistance for the fulfilment of the functions and powers given by this Act.
Any competent public servant is required to provide as soon as any kind of information, documentation or proof requested by the Tribunal in the investigation for violation of the provisions of this Act, except the information established as reserved or confidential in other laws.
The public servant who does not cooperate with the Court or its delegates will incur the corresponding criminal or administrative responsibilities.
Form of computing deadlines article 61.-the deadlines referred to in this law include only business days.
Article 62.-the transitional regime initiated administrative proceedings that were pending at the time of coming into force the present law, will continue to be processed in accordance with the legal provisions that were initiated.
Continuity legal governmental ethics article 63.-the Court legal personality, the heritage and the rights and obligations of the current Court of ethical Government are transferred to the Court of ethics Government envisaged by this law.
The current members of the Court will continue their duties until the end of the period for which they were elected.

24 index legislative continuity of the performance work of the staff article 64.-the personal that works in the current Court of ethics Government will continue in the performance of their duties, with allocated wages and other benefits of law.
Repealing Article 65.-repeal the law of Government Ethics, issued by Legislative Decree number 1038 of date April 27, 2006, published in the official journal number 90, volume 371, dated May 18 of the same year and its subsequent amendments.
Article 66.-the entry into force this law shall enter into force the first of January of the year two thousand twelve, upon its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, thirteen days of the month of October in the year two thousand eleven.
Note: In compliance with the provisions of article 97, paragraph 3 ° of the Interior regulation of this organ of the State, it is noted that the present Decree No. 873, of date October 13, 2011, containing the law of Government Ethics, same returned with comments by the President of the Republic, the 31st of the same month and year solving this legislature accept partially these observations, in plenary session held on November 17, 2011.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
CIRO CRUZ ZEPEDA PENA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON MUNGUIA, 25 index legislative Third Secretary. FOURTH SECRETARY.
IRMA LOURDES PALACES VASQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MARIO ALBERTO TENORIO GUERRERO, SEVENTH SECRETARY.
Presidential House: San Salvador, twenty-five days of the month of November in the year two thousand eleven.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gregory Ernesto Zelayandia Cisneros, Minister of the Interior.
D. o. No. 229 volume no. 393 date: 07 December 2011.
SV/ielp 06-01-2012