Law 3/2015 Of 30 March Regulating The Exercise Of High Office Of The General Administration.

Original Language Title: Ley 3/2015, de 30 de marzo, reguladora del ejercicio del alto cargo de la Administración General del Estado.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3444

FELIPE VI


KING OF SPAIN
To all who see and hear.

Know: that the Parliament has approved and I hereby sanction the following law.
INDEX


Preliminary Title. General disposition.

Article 1. Purpose and scope.

Title I. Appointment and exercise of high office.

Article 2. Appointment.

Article 3. Exercise high office.

Article 4. Emoluments.

Article 5. Social Protection.

Article 6. Compensation after cessation.

Article 7. Incompatibility remuneration.

Article 8. Human Resources and materials.

Article 9. Due diligence regarding the actions of senior officials.

Article 10. Obligation of training.

Title II. Regime conflicts of interest and incompatibilities.

Article 11. Definition of conflict of interest.

Article 12 Alert System for early detection of conflicts of interest.

Article 13. Exclusive dedication to the position.

Article 14. Limitations on equity shareholdings.

Article 15. Limitations on the exercise of private activities after termination.

Article 16. Declaration of activities.

Article 17. Declaration of assets and rights.

Article 18. Control and management of securities and financial assets.

Title III. Monitoring and control bodies of senior officials of the General State Administration.

Article 19. Conflicts of Interest Office.

Article 20. Collaboration with the Office of Conflicts of Interest regarding incompatibilities.

Article 21. Records.

Article 22. Information provided by the Office of Conflicts of Interest.

Article 23. Examination of the financial position of senior positions at the end of its mandate.

Article 24. Preparation of the report of verification of the balance sheet.

Title IV. sanctions.

Article 25. Infractions.

Article 26. Sanctions.

Article 27. Competent bodies.

Article 28. Prescription of offenses and penalties.

First additional provision. Legal status of other senior state public sector.

Second additional provision. normative references.

Third additional provision. Appearance before the Congress of Deputies.

Fourth additional provision.

Derogatory provision. Repeal legislation.

First final provision. Enabling legislation.

Second final provision. Entry into force.
PREAMBLE


I

A senior, the responsibility involved and the importance of the functions performed, can only be exercised by people who observed his personal and professional competence, respect the legal framework for the development of its activity. In this sense, this bill clarifies, strengthens and extends the legal framework in order to ensure that the exercise of the charge is made with the maximum conditions of transparency, legality and absence of conflict between their private interests and their public duties inherent. the absence of a single instrument where the rules governing the exercise of high office, undermining the right of citizens to transparent, clear and understandable to the conditions applicable to regulated information shall also be exceeded.

It is therefore on the one hand and, to include in a single standard provisions regarding the appointment of senior officials by introducing new mechanisms to ensure the suitability of the candidate, which allow a preliminary analysis of the possible existence of conflicts of interest and ensure control of the body that is assigned the responsibility for incompatibilities and conflicts of interest.

On the other hand, the law also clarifies the remuneration system, social protection, use of human and material resources as well as incompatibilities that apply to high charges included in its scope. Thus, problems that have manifested during the practical application of the rules in this area are solved.

Finally, the law strengthens enforcement of its provisions, giving the competent body to do so, the Office of Conflicts of Interest, new skills and means, how could it be otherwise, perform their duties with maximum guarantees of competence, transparency and independence.


II

The Preliminary Title of the law regulates its purpose and scope. In this respect, expressly they include senior officials of the new bodies created: President, Vice President and other members of the Council of the National Commission Markets and Competition, Chairman of Transparency and Good Governance and Chairman of the Independent authority for Fiscal Responsibility. In addition, it also includes the presidents, general managers and similar administrative, foundation or corporate public sector.

Title I regulates the conditions for appointment and exercise of high office. In addition to explicitly include the obligation of training of senior officials, who should know, therefore, the obligations under this law, the guiding principles that should govern their conduct are regulated: serve with objectivity the general interests, perform their duties with integrity, refraining, therefore incurring conflicts of interest; objectivity; transparency and accountability and austerity.

The law clarifies the conditions to appoint a senior official. suitability is introduced as a novelty at this point as a requirement for the appointment of senior officials, with reference to the criteria of merit and ability as well as repute. To do so, the reasons why it is considered that not fulfilled repute and therefore can not be considered suitable for the performance of high office are regulated. The honor also must concur in the high office during the course of their duties, so his supervening lack be cause for termination. The previous finding that the conditions of suitability for performing the duties are met will be done by a responsible statement to be signed by the candidate, which shall also furnish to the Office of Conflicts of Interest, if so requested, the documentation demonstrating compliance.

The rules relating to remuneration and social protection regime collected a regulated matter how dispersed the Law on State Budget, the rules of Social Security and pension recipients.

As regards compensation after the cessation, regulation is clarified, stating the incompatibility of remuneration as well as the monitoring of compliance with the conditions, if necessary, enable its perception. Finally, this title also regulates the use of human resources and materials that will have senior positions in the exercise of their functions. In this regard, the use of entertainment expenses is delimited, and expressly provides that the limits may not be extended, and the use of means of payment on which is more difficult to exercise control.

Title II regulates the system of conflicts of interest and incompatibilities that will be subject to those who are appointed officials. On the one hand, a definition of what is meant by conflict of interest and early warning system for the detection of these potential conflicts is introduced as a major novelty, it is collected. Again, the Office of Conflicts of Interest, as a specialized body on the matter, will be in charge of pointing senior issues or matters on which, after a first analysis must abstain in decision-making. It is also expected to adopt and implement internal procedures that prevent conflicts of interests are met and, if detected, encourage abstention from high office.

The exclusive dedication to the position remains the general rule, only give in certain cases to allow compatibility with certain activities of public or private. The rule also explicitly includes the incompatibility between the receipt of remuneration as a member of the Government or Secretary of State and Member of Parliament.

Regulation limitations on shareholdings in the sense that it will also be inconsistent participation by more than ten percent in companies receiving subsidies coming from any Public Administration is also strengthened.

With regard to limitations on the exercise of private economic activities after leaving, two levels differ, one general and one more intense. The most intense affects senior and supervisory agencies or regulatory bodies, which may not provide services to any entity that has been under its supervision, whether or not affected by a decision.


Moreover, the law specifically the way in which officials must make their declaration of economic activities and their declaration of assets and rights, introducing novelty remission certificate of the last two annual tax returns filed Income Individuals and certificate of the last annual return filed the Capital Gains Tax. If the high office was not required to file this tax shall complete an equivalent format established by the Office of Conflict of Interest in collaboration with the State Tax Administration Agency.

Title III regulates the surveillance and control providing the Office of Conflicts of Interest guarantee greater competition and increasing their administrative status and parliamentary control of the candidate chosen for appointment. the functions performed by the Office are also clarified, enhancing collaboration with other agencies such as the Tax Agency, the General Treasury of the Social Security, the Trade Register or the Register of Foundations.

Also, the content of the report that the Office of Conflicts of Interest rises semiannually to Congress of Deputies with customized information on compliance by the senior obligations of declaring materializes, as well as the penalties imposed. The law also regulates advertising semiannual required number of senior positions to make their statements, the number of declarations received communications made during the cease and number of senior officials who have not fulfilled their obligations.

Another important novelty introduced by the law is the procedure for examining the financial position of high office once it has ceased to exercise their functions. In this regard, a report, through an adversarial procedure with the person concerned, be developed by the Office of Conflict of Interest and where the financial position of high office will be discussed between the appointment and removal to and detect regulated possible irregularities.

Finally, Title IV collects the penalty system, regulating, among other things, breach for breach of duty of abstention and the extension of the limitation period of offenses and penalties.
PRELIMINARY TITLE

General provisions


Article 1. Purpose and scope.

1. This law aims to establish the legal regime applicable to those who hold a senior position in the central government and the entities of the state public sector.

2. For the purposes specified in this law, they are considered high charges:

A) Members of the Government and the Secretaries of State.

B) The Under Secretaries and assimilated; the Secretaries-General; Government Delegates in the Autonomous Communities and Ceuta and Melilla; Delegates of the Government in Public Law entities; and the heads of permanent diplomatic mission and the heads of permanent representation in international organizations.

C) The Secretaries General Technical, General Director of the General Administration and assimilated.

D) The Presidents, Vice Presidents, CEOs, executives and similar entities of state, administrative, foundation or business, linked or dependent on the General State Administration with the status of public sector heads and directors whose appointment is made by decision of the Council of Ministers or their own governing bodies and, in any event, the Presidents and Directors with the rank of director General of the Managing Entities and Common Services of the Social Security; Presidents and Directors of State Agencies, Presidents and Directors of the Port Authority and the President and the Secretary General of the Economic and Social Council.

E) The President, the Vice President and the other members of the Council of the National Commission Markets and Competition, the Chairman of Transparency and Good Governance, the President of the Independent Authority for Fiscal Responsibility, President, Vice President and members of the Board of the Comisión Nacional del Mercado de Valores, President, Directors and Secretary General of the Nuclear Safety Council, and the President and members of the governing bodies of any other regulatory body or monitoring.

F) Directors, Executive Directors, General Secretaries or equivalent regulatory and supervisory bodies.


G) Holders of any other job in the state sector, whatever their denomination, whose appointment is made by the Council of Ministers, except those that are considered of Deputy Directors General and equivalent.

3. Not be considered high office who is appointed by the Council of Ministers for the temporary exercise of any function or public representation and not have at that time the condition of high office.
TITLE
I

Appointment and exercise of senior

Article 2. Appointment.

1. The appointment of senior officials will be between appropriate and in accordance with the provisions of specific legislation people. Who together they are suitable repute and appropriate training and experience in the field, depending on the position he will play following. The suitability will be appreciated by the proposer as who appoints the senior.

2. It is considered that not fulfilled the honor on those who have been:

A) finally sentenced to imprisonment until he has served the sentence.

B) Condemned by final judgment for the commission of crimes involving dishonesty; against freedom; against property and socio-economic order, the Constitution, state institutions, the Administration of Justice, Public Administration, International Community; of treason and against peace or independence of the State and related to national defense; and public order, particularly, terrorism until criminal records have been canceled.

C) disqualified pursuant to Law 22/2003, of July 9, Concursal until he has completed the period of disqualification fixed in the sentence qualifying competition.

D) disqualified or suspended from public employment or office during the duration of the penalty, under the terms provided in criminal and administrative law.

E) punished for committing a very serious offense under the provisions of the Law 19/2013, of December 9, transparency, access to public information and good governance, during the period set by the sanctioning resolution.

The honor must go to the high office during the course of their duties. The lack of supervening honor will be cause for termination for these purposes and, in cases where the high office can only be removed by certain assessed causes, will be considered a serious breach of his duties declared through the corresponding procedure.

3. Vitae of the senior curriculum will be published after his appointment in the web portal of the organ, agency or entity in providing services.

4. In the assessment of the training will take into account the acquired academic knowledge and assessment of the experience special attention to the nature, complexity and level of responsibility of the posts held, which relate to the content and functions of the job to be given which he is appointed.

5. The senior official must sign a sworn statement in which he revealed, under its responsibility, that meets the eligibility requirements for appointment as senior, especially the absence of reasons preventing the required honesty and veracity of the data supplied, which has when it is susceptible, the documentation so credited, and is committed to maintaining compliance during the time period occupying the seat.

This sworn statement, completed according to the model designed by the Office of Conflicts of Interest shall be forwarded to the Federal Office for the high office. Also, the high office sent to the Office of Conflicts of Interest, if it is requested, the documentation proving compliance with the eligibility requirements under the responsible declaration signed.

6. By law they may establish additional requirements for access to certain positions of the General Administration of the State for which requires special professional qualifications, respecting, in any case, the principle of equality enshrined in the Constitution.


The appointment of the Assistant Secretaries and Secretaries General Technicians serving in the General State Administration must be made between career officials of the State, the autonomous communities or local entities, belonging to Bodies classified in the subgroup A1. This provision also applies to the appointment of Directors General, unless the Royal Decree of structure of the Department permits, in view of the specific characteristics of the functions of the Directorate General, the holder does not meet the condition of official and should motivate It reasoned memory by the concurrence of the special features that justify that exceptional circumstances.

7. All organs, agencies and entities of the state public sector, public or private law shall inform the Office of Conflicts of Interest of senior appointments that made within seven days of the appointment.

8. Public or private entities with public sector representation on their boards or government, notify the Office of Conflicts of Interest designations of persons who, under the provisions of this law have the status of high office.

Article 3. Exercise high office.

1. Exercise high office is subject to enforcement, in addition to good governance provisions contained in the Law 19/2013, of December 9, especially the following principles:

A) General interest: they objectively serve the general interest.

B) Integrity: act with due diligence and without incurring risk of conflicts of interest.

C) Objectivity: take decisions regardless of any factor that expresses personal positions, family, corporate, patronage, or any others that may be in conflict with this principle.

D) Transparency and accountability: take decisions transparently and be accountable for the consequences of its adoption.

E) Austerity: will manage public resources efficiently and rationalize spending.

2. The principles set out in the preceding paragraph shall inform the rules governing the exercise of the functions and activity of senior officials. They also interpretive criteria will apply when the penal provisions. Development and responsibilities inherent to their eventual breach shall be governed by the existing rules on good governance in their respective scope.

Article 4. Emoluments.

1. The remuneration of senior officials will be public on the terms provided by Law 19/2013, of December 9, and shall be fixed in accordance with the rules applicable in each case and within the limits set by the budget applicable to them.

2. Those who hold high office and have the status of civil servants, in the event that they are declared in the administrative situation of special services, may continue to receive remuneration legally they are entitled by seniority, in the terms and scope providing for this administrative status of civil service legislation resulting applicable to them.

Article 5. Social Protection.

1. Who, with career officials in active service, they are appointed to any of the high positions regulated by this law not required to be performed necessarily by public officials, from the situation of special services, will maintain the same system of social protection in this situation they had had as career on active duty, with the same rights and obligations. It will rest with the Department, body, agency or entity that is fiscally attached high office obligation to contribute and the others in the respective regime, corresponding to the employer or public administration, unless, exceptionally, the retributions for three-year periods that they had recognized can not, for legal reasons, be perceived under budgets for the position held and should be paid by the Department, body, agency or entity in which played his last position as officers on active duty, in which case the fertilizer corresponding to such compensation listing it shall also be carried out by the latter.


2. Who, immediately before being appointed to any of the officials that this law will not have the status of career officers in active service, are included in the General System of Social Security, it refers to whatever the regime or system social protection in which they had been included, if necessary, so far.

3. The exercise will not generate a senior entitled to any pension or complementary other than those provided for in the Social Security system or Passive Class pension. The ceiling of pensions received by senior officials will be subject to the same limits for public pensions.

Article 6. Compensation after cessation.

1. Who, according to the rules that may apply, have recognized such a right, they receive a monthly compensation for a maximum period of two years in accordance with the provisions of the following article.

2. The Office of Conflicts of Interest monitor that during the period when the compensation referred to in the first paragraph is perceived conditions that led to its recognition are maintained.

3. The regime applicable to the presidents of the Government from the time of termination will be provided by Royal Decree 405/1992 of 24 April, the Statute of Former Presidents of the Government is regulated.

Article 7. Incompatibility remuneration.

1. The compensatory pensions, compensation benefits and any other economic perception planned on the occasion of termination of any office, position or activity in the public sector are incompatible with any remuneration from the budgets of the government, the authorities, organizations and companies their dependents, or under the constitutional organs or resulting from the application of tariff and any compensation that comes from a private activity, except those provided for in Article 13.2.c).

For this purpose, it is also considered activity in the public sector developed by the elected members of Parliament, the legislative assemblies of the autonomous communities and local entities, senior officials and other staff of the organs constitutional and all levels of government, including the administration of justice.

2. The compensatory pensions, compensation benefits and any other economic perception cessation will also be incompatible with the receipt of a retirement pension or retirement pension rights, or any system of public and compulsory social security.

3. Those who no longer hold the positions that have provided the compensatory pensions, compensation benefits and any other economic perception referred to in paragraphs 1 and 2 have a period of fifteen working days, counting from that concurs incompatibility, to inform the Office conflicts of Interest in the case of the state sector, or the competent organ of the regional or local authority, your choice between perception thereof or the performance of a public or private gainful activity or, where appropriate, perception retirement or retirement.

If you opt for the perception of compensatory pensions, compensation and other economic benefits referred to in paragraphs 1 and 2 perception, may not hold public or private gainful economic activity but is waived their remuneration.

Option for performing a paid or retirement pension or retirement public or private activity, to be formalized in writing for proper consistency, involves the renunciation of compensatory pensions, compensation benefits and any other economic perception planned cessation occasion.

Article 8. Human Resources and materials.

1. Those who hold high office managed human, financial and material resources following the principles of efficiency and sustainability.

2. The use of official vehicles by those who hold high office will be linked to the obligations resulting displacement performance of their duties. Regulations the criteria for use of these vehicles will be developed.

The provision of other services, if any, can be carried out by official vehicles must be made based on the nature of the position held and security needs and according to the principle of efficient use of public resources .


The budgetary provision of representation expenses and ceremonial attentions only be used to cover acts of this nature in the performance of the duties of high office, both in the country and abroad, provided that such expenses will benefit or usefulness of the administration and there are no specific credits for them in other concepts. You may be paid under them any remuneration, in cash or in kind, for the high office.

When incurred expenditure mentioned in the preceding paragraph shall be addressed to the limits that have been set, which in no case may be subject to extension. They must be duly justified and prove their need for the performance of the functions inherent in the exercise of high office.

Administration not made available to the senior credit cards with the object that are used as payment for their expenses. Exceptionally, where the high office to perform its tasks abroad and after providing evidence of extraordinary circumstances make this necessary, use may be authorized, subject to appropriate administrative control.

Article 9. Due diligence regarding the actions of senior officials.

Persons exercising a senior official shall be considered persons with public for the purposes of Article 14 of Law 10/2010 of April 28, prevention of money laundering and terrorist financing responsibility.

Article 10. Obligation of training.

1. Senior officials should meet the obligations of the exercise of their functions. The Office of Conflicts of Interest communicate to senior obligations after his inauguration.

2. The Office of Conflicts of Interest may propose to the training centers training for senior positions on conflicts of interest and good governance initiatives.
TITLE II


Regime conflicts of interest and incompatibilities

Article 11. Definition of conflict of interest.

1. Senior officials serve the general interests objectively and must keep their personal interests may unduly influence the performance of their duties and responsibilities.

2. It is understood that a senior is in conflict of interest when the decision to be adopted in accordance with the provisions of Article 15 may affect their personal interests, economic or professional nature, be a benefit or a detriment thereto.
Personal interests are considered
:

A) own interests.

B) The family interests, including those of your spouse or person with whom coexists in an analogous relationship and relatives within the fourth degree of consanguinity or second degree of affinity.

C) people with whom you have a pending legal issue.

D) of people with whom they are intimate friendship or enmity.

E) legal entities or private entities to which the senior has been linked by an employment or professional relationship of any kind in the two years preceding the appointment.

F) of legal entities or private entities to which the family referred to in point b) are bound by an employment or professional relationship of any kind, provided that it involves the exercise of functions of management, advice or administration .

Article 12 Alert System for early detection of conflicts of interest.

1. Senior management must exercise their functions and powers without incurring conflicts of interest and, if you think it is, should refrain from taking the decision affected by them.

2. Senior officials who have the status of authority shall refrain from intervening in the administrative procedure when, by affecting their personal interests, as defined in Article 11 concur the reasons provided in Law 30/1992 of 26 November on Legal regime of Public Administrations and Common Administrative Procedure. It also may be challenged under the terms provided in the Act.

The Office of Conflicts of Interest, according to information provided by the senior official in his statement of activities and, where appropriate, which may assist the required, inform it of the matters and issues on which, in the generally, they should refrain during his tenure.


3. Organs, agencies, or entities in providing services officials do not have the status of authority should implement appropriate procedures for possible conflicts of interest and so that when they are involved in these conflicts, abstain or may be challenged their decision decision. These procedures and the results of its application shall be submitted annually to the Office of Conflicts of Interest.

4. High abstention position shall be notified in writing to their immediate superior or the body that appointed him. In any case, this abstention shall be communicated by the high office within one month to the Activity Log senior for the record.

If abstention occurred during the meeting of a collegial body, it puts on record equivalent to communication to the supervisor or the body that appointed him. Registration communication to senior activities will be conducted by the secretary of the college.

5. The high charge may be made at any time to the Office of Conflicts of Interest any consultations it considers necessary about where to refrain in individual cases.

Article 13. Exclusive dedication to the position.

1. The officials perform their duties full time and can not combine their activity with the performance itself, or by substitution or seizure of any other office, position, representation, profession or activity, whether public or private, on behalf or self-employment. They may not receive any other remuneration from the budgets of public administrations or entities or dependent upon, or any other perception that directly or indirectly comes from a private activity simultaneously.

2. The provisions of the preceding paragraph is without prejudice to the following exceptions:

A) The exercise of the functions of a high position is compatible with the following public activities:

1st performance of charges corresponding to them with institutional, of those for which they are commissioned by the government, or those who were appointed by their own condition.

2nd temporary development missions of representation to other States or to international organizations or conferences.

3rd performance of the presidency of the societies that Article 166.2 of Law 33/2003, of November 3, the Assets of Public Administration refers to when the nature of the goals of society keep connection with legally attributed to the high office skills, as well as the representation of the General State administration in corporate bodies, executives or boards of organizations or companies with public capital or public law entities.

No person may belong to more than two boards of these bodies, corporations, companies or entities, unless authorized by the Council of Ministers. It will also require this authorization to allow a senior included in this law to exercise the presidency of the companies that the previous paragraph a.

In the cases provided for in the preceding paragraphs, the officials may not receive compensation, except compensation for travel expenses, stays and transfers allocated to them in accordance with current regulations. The amounts accrued for any reason that may not be received will be entered directly by the agency, body or company to the Treasury.

4th performance from ordinary activities own research body or institution in which they perform their duties without receiving compensation in such cases for it. This exception includes the tasks of production and literary, artistic, scientific or technical and publications derived therefrom.

B) Members of the Government or the State Secretaries may combine their activity with that of deputy or senator of the Parliament in the terms established in the Organic Law 5/1985 of June 19, the General Electoral System. However, they may not receive compensation under more than one of the two charges, without prejudice to the compensation legally due.

C) The exercise of a high-charge is only compatible with the following private activities and provided that no exercise impartiality or independence of senior commitment in the exercise of its function, without prejudice to the administrative hierarchy :
1st
The administration merely personal or family heritage with the limitations set forth in this law.

2nd
The production and literary, artistic, scientific or technical publications and derived therefrom, as well as collaboration and occasional and exceptional assistance as a speaker at conferences, seminars, workshops, conferences and courses professional, provided they do not result from a relationship of employment or service delivery or in weakening the strict fulfillment of their duties.

3rd Participation in cultural or charitable entities with no profit or foundations, provided they do not receive any compensation, without prejudice to the right to be reimbursed for expenses duly justified the performance of their duties cause them as provided in Article 3.5 of Law 49/2002 of 23 December on the taxation of non-profit entities and tax incentives for patronage.

Article 14. Limitations on equity shareholdings.

1. The officials may not, by itself or through an intermediary, direct or indirect holdings exceeding ten percent in companies both have concerts or contracts of any nature with the state, regional or local public sector, or receive grants from any Public Administration.

For the purposes specified in this article, it is considered intermediary natural or legal person acting on behalf of high office.

The provisions of the preceding paragraph shall also apply to the case where the company is participating in another subcontractor have contracts of any nature with the state, regional or local public sector wherever the subcontracting has occurred with the contractor with the Administration in which the high office provides services and in relation to the object of that contract.

In the event that they suddenly, there has been the cause described in the preceding paragraph, the high office must notify the Office of Conflicts of Interest, who shall report on the measures to be taken to ensure objectivity in public action.

2. In the case of corporations whose capital exceeds 600,000 euros, the ban will affect the equity participations, without reaching ten percent, suppose a position in the capital of the company that could condition relevantly his performance .

3. When the person who is appointed to high office possessed a share in the terms that referred to in the preceding paragraphs, you will have to transfer or assign to an independent third party, defined as a subject in which there are no circumstances contemplated in paragraph 1, shares and rights attaching thereto during the time exercising his office, within three months from the day after his appointment. If participation is acquired by hereditary succession or other gratuitously during his tenure, the sale or transfer should occur within three months of their acquisition.

Such a sale or transfer, as well as the identification of the independent third party, it will be declared the records Activities Property and Economic Rights and must have the prior favorable report of the Office of Conflicts of Interest.

Article 15. Limitations on the exercise of private activities after termination.

1. Senior officials during the two years following the date of termination, may not provide services to private entities that have been affected by decisions in which they have participated.

The prohibition extends to both private entities affected as those who belong to the same corporate group.

2. Those who are senior by reason of being members or holders of an organ or body regulatory or supervisory bodies during the two years following his dismissal, may not provide services in private entities that have been subject to supervision or regulation.

For these purposes, they shall be construed in any case including senior members of the Comisión Nacional del Mercado de Valores, the National Commission Markets and Competition and the Nuclear Safety Council.

3. It is understood that a senior official involved in the adoption of a decision affecting an entity:

A) When the high office, in the exercise of its own powers or functions or proposal than he or holders of its affiliated bodies, by delegation or replacement signs a mandatory report, an administrative decision or an act equivalent subject to private law in relation to the company or entity in question.


B) Where he had intervened, by their vote or the submission of the proposal, in sessions of collegiate bodies in which the decision had been taken regarding the company or entity.

4. Senior management, regulated by this law, that prior to taking such public office have exercised their profession in private companies which would reincorporate not incur incompatibility provided for in the preceding paragraph when the activity that they will play in them what whether in jobs that are not directly related to the powers of public office or busy to make informed decisions affecting it.

5. During the two-year period in paragraph 1 shall, senior officials may not enter themselves or through entities in which they directly or indirectly by more than ten percent, technical assistance contracts, service or similar with Public Administration in which had served, directly or through contractors or subcontractors, if directly related to the functions exercised high office. The entities which provide services should take during the period specified procedures for prevention and detection of situations of conflict of interest.

6. Who had held a senior position should be made during the two-year period in paragraph 1 shall, at the Office of Conflict of Interest statement on the activities to be performed, prior to the start character.

7. When the Office of Conflicts of Interest finds that the private sector who want to play who has served as a senior violates the provisions of paragraph 1, it shall inform the person concerned and the entity to which it was to provide services, which may make the claims which they consider appropriate.

Within one month of the presentation to which paragraph 6, the Office of Conflicts of Interest shall decide on the compatibility of the activity to be performed and shall notify the applicant and the company or society which was to provide services.

8. During the two years following the date of termination, who had occupied a position of high office and re-enter the civil service and have granted support to perform remunerative of private services, they shall apply the provisions of this article.

Article 16. Declaration of activities.

1. The officials formulate the Registry of Activities of Senior Officers, within no more than three months after his inauguration or dismissal, as appropriate, a statement of activities, personally or by substitution or seizure, had played during the two years prior to his inauguration as senior or who will start after leaving. Whenever the interested start a new economic activity during the period of two years from their dismissal shall be declared to the Register once dictated the resolution provided for in Article 15.

2. To comply with the provisions of the preceding paragraph, the senior shall send a certificate of the last two annual returns filed Income Tax of Individuals to said Registry.

3. The Office of Conflicts of Interest may request the Trade Register, the Register of Foundations and Investment Managers Social Security checks need on the data provided by the high office.

4. The high office may authorize the Office of Conflicts of Interest, expressly and in writing, to obtain information directly from the State Tax Administration Agency.

Article 17. Declaration of assets and rights.

1. The officials submitted to the Registry of Property and Property Rights officials, within no more than three months since his inauguration and termination, respectively, the certificate of its last annual return filed tax assets, if they have an obligation to present. Those without such obligation shall submit a completed equivalent format established by the Office of Conflict of Interest in collaboration with the State Tax Administration Agency.

2. The officials will provide a copy of their statement of Income Tax of Individuals for the year of the beginning and cessation. Also, annually and during their appointment, they provide a copy of the corresponding declaration.


3. Along with a copy of your tax return Income for the year starting Individuals certification of the State Agency of the Tax Administration to keep abreast of tax obligations or, where appropriate, of obligations will also be presented outstanding tax.

4. The high office may authorize the Office of Conflicts of Interest, expressly and in writing, to obtain this information directly from the Tax Agency.

Article 18. Control and management of securities and financial assets.

1. Management and administration of the shares or debt securities admitted to trading on regulated markets or multilateral trading systems, products on the above, shares of companies that have announced their decision to apply for admission to trading and shares in collective investment , senior managers should hire a company authorized to provide investment services. This obligation shall not be required where the amount of such securities and financial instruments does not exceed the amount of 100,000 euros, the value calculated for the purposes of wealth tax. This recruitment will remain as long as the performance of high office.

The entity with which the administration fee contract subject only to the general guidelines established profitability and risk in the contract, to be signed in accordance with the provisions of Law 24/1988 of 28 July, Market Securities, but may not seek or receive instructions investment concerned.

Without prejudice to the responsibilities of stakeholders, default by the entity of the aforementioned obligations shall be considered very serious for the purposes of the penalty system as a financial institution applies infringement.

2. The provisions of the preceding paragraph shall not apply where the securities or financial assets that holds the high office are participations in collective investment institutions in which a majority stake is not whether or when, in the case of securities of different entities, the high office does not act on its own initiative disposal and only limited to receive dividends, interest or equivalent compensation in kind, going to exchange offers, conversion or public procurement.

3. Those interested will deliver copies of the contracts to the Office of Conflicts of Interest for entry in the records, as well as the Comisión Nacional del Mercado de Valores.
TITLE III

Organs
monitoring and control of senior officials of the General State Administration

Article 19. Conflicts of Interest Office.

1. The Office of Conflict of Interest, under the Ministry of Finance and Public Administration, will act with full functional autonomy in the exercise of their functions.

2. The Director of the Office of Conflict of Interest, which will have the rank of Director General shall be appointed by the Council of Ministers, on the proposal of the Minister of Finance and Public Administration, upon hearing of the nominee for the position before the corresponding Commission of the Congress of Deputies, in order to examine whether their experience, training and capacity are suitable for the position.

3. The head of the Office of the Conflict of Interest and staff at your service have a continuing duty to keep secret the data and information known to them by reason of their work in this body and may not seek or accept instructions from any public entity or private .

4. For the Office of Conflicts of Interest:

A) Prepare the reports provided for in this law.

B) The management system of incompatibilities of senior state officials.

C) Require a person appointed or cease exercising a senior official of the General State Administration compliance with the obligations under this law.

D) The keeping and records management activities Property and Economic Rights of senior members of the General Administration of the State and the responsibility of custody, security and indemnity of data and documents that contain them .

E) Collaborate on matters that are proper, with organs of a similar nature.


5. The Office of Conflicts of Interest may request information, files, files or records public and, in particular, the tax authorities and the managing entities and common services of the Social Security, which are necessary for the exercise of their duties and which should be provided in accordance with the provisions of Law 15/1999, of December 13, Protection of Personal data and, where appropriate, in Law 58/2003 of 17 December, General tax.

Article 20. Collaboration with the Office of Conflicts of Interest regarding incompatibilities.

All entities, public bodies and agencies as well as private entities, without prejudice to any complaints that are filed, will be required to collaborate with the Office of Conflict of Interest, in order to detect any breach of the regime incompatibilities under this law.

In particular, the Office of Conflicts of Interest may make requests for information, at least on a quarterly basis, to the management bodies of Social Security to check what the employment status of those who have been dismissed.

Article 21. Records.

1. Electronic records Activities Property and Economic Rights of Senior Officials will stay in a document management system to ensure the immutability and permanence of their data, as well as high security access and use thereof.

2. Electronic Registration Activities shall be public, governed by the provisions of Law 15/1999, of 13 December, Law 19/2013, of December 9, this law and the implementing rules of laws cited.

3. Electronic Register of Assets and Economic Rights shall be confidential and may only have access to it in addition to the individual concerned, the following organs:

A) The Congress of Deputies and the Senate, in accordance with regulations established by the chambers, and parliamentary commissions of inquiry to be established.

B) The judicial organs for investigation or resolution processes that require knowledge of the data held in the registry, in accordance with the provisions of the procedural laws.

C) The prosecution when performing research activities in the exercise of their functions requiring knowledge of the data contained in the registry.

4. The bodies referred to in the preceding paragraph shall take necessary measures to maintain the confidential nature of the information contained in the electronic Register of Assets and Economic Rights, without prejudice to the application of the rules of procedures in which proceedings have been applied for information .

5. The content of the statements of assets and property rights of members of the Government and the Secretaries of State and other Senior Officers will be published in the "Official Gazette", in the terms established by regulation. In relation to the assets, a comprehensive statement of the financial position of these Senior Officers will be issued, omitting those data on their location and safeguarding the privacy and security of their owners.

Article 22. Information provided by the Office of Conflicts of Interest.

1. To ensure the transparency of the control system of incompatibilities provided for in this law, without prejudice to the powers attributed to other organs, the Office of Conflicts of Interest will raise the government every six months for submission to Congress of Deputies, a report on compliance by senior officials of the reporting requirements, as well as the offenses were committed under this Title and sanctions have been imposed and identify those responsible.

This report will contain personalized data of high charges required to make their statements, the number of declarations received and who relate communications with occasion of termination and identification of holders of senior officials who have not fulfilled these obligations .

In the event that a disciplinary procedure had been resolved, a copy of the resolution to the Bureau of the Congress of Deputies shall be returned.


2. The report covered in the previous section also contain aggregated information, without reference to personal data on the number of senior forced to make statements charges, the number of declarations received, number of communications made during the cease and number of officials who have not fulfilled their obligations under this law. This information will be published in the "Official Gazette".

Article 23. Examination of the financial position of senior positions at the end of its mandate.

The financial condition of senior officials will be reviewed by the Office of Conflicts of Interest at the end of its mandate to verify the following:

A) Proper compliance with the obligations regulated by this law.

B) The existence of evidence of unjustified enrichment taking into account the income received throughout his mandate and the evolution of its financial situation.

Article 24. Preparation of the report of verification of the balance sheet.

1. According to the provisions of the preceding article, the Office of Conflicts of Interest, ex officio and within three months of its cessation, draw up a report on the financial position of high office will be examined.

2. The officials whose financial position is under review must provide all information required to them and communicate all circumstances relevant to the preparation of the report.

3. Prior to approval, you must give notice to the interested of the draft report so that, within fifteen days, forward the arguments he deems appropriate. After this deadline, the report will be subject to approval and notification to officials whose financial position has been examined.

4. Yes, data and facts established under the procedure referred to in the preceding paragraphs, may derive evidence of unjustified enrichment, the Office of Conflicts of Interest may request the assistance of the State Tax Administration Agency for the purpose of clarifying that information.

If completed as provided in the preceding paragraph, may derive the existence of administrative or criminal liability shall be communicated to the relevant bodies so that, where appropriate, initiate procedures where appropriate.

5. The Office of Conflicts of Interest semiannually inform the Government of the business carried out pursuant to this article.
TITLE IV



Penalties
Article 25. Infractions.

1. For the purposes of this Act, and without prejudice to the sanctions regime provided by Law 19/2013, of December 9, they are considered very serious infringements:

A) Failure to comply with the rules of incompatibilities referred to this law.

B) The filing with false data or documents.

C) Failure to comply with the obligations to which Article 18 refers in relation to the management of shares and equity interests.

D) Falsification or breach of the eligibility requirements for appointment as senior.

2. They are considered serious offenses:

A) Non-declaration of activities and assets and property rights in the corresponding registers, after the warning for it.

B) The deliberate omission of data and documents to be submitted under the provisions of this law.

C) The repeated breach of duty of abstention in accordance with the provisions of this law.

D) The commission of minor offense foreseen in the next section when the author had already been punished for the same offense in the previous three years.

3. minor offense is considered the extemporaneous statement of activities or goods and economic rights in the corresponding registers, after the request to be made for such purpose.

Article 26. Sanctions.

1. Very serious and serious offenses will be punished with the declaration of a breach of the law and its publication in the "Official Gazette" once acquired administrative firmness the corresponding resolution.

2. The penalty for very serious infringement, in addition comprise:

A) The dismissal in public office they hold, unless they had already ceased in them.

B) Loss of entitlement to compensation after the cessation under Article 6 in the case that involve any.

C) The obligation to repay, where appropriate, sums improperly received in relation to compensation after the cessation.


3. The provisions of this Title shall be without prejudice to the requirement of the other responsibilities that may be incurred. For this purpose, when showing evidence of other responsibilities, it shall be ordered to the General Law of the State to assess the performance of other possible actions that may be appropriate and, if necessary, bring the matter to the Attorney General of the State in case they might be constitute a crime.

4. People who have committed offenses classified as serious or very serious in this Act may not be appointed to high office for a period of between 5 and 10 years.

In graduation as provided for in the preceding paragraph shall address the provisions of Law 30/1992 of 26 November, and its implementing regulations regarding the sanctioning administrative procedure.

5. The minor offense under Article 25.3 is punishable by reprimand.

Article 27. Competent bodies.

1. The body competent to order the opening of the file when senior officials have the status of member of the Government or the Secretary of State will be the Council of Ministers, on the proposal of the Minister of Finance and Public Administration.

In all other cases the competent body to order the opening will be the Minister of Finance and Public Administration.

2. The instruction of the relevant files will be made by the Office of Conflicts of Interest.

3. The Council of Ministers sanctions for serious offenses and, in any case, when the high office has the status of member of the Government or Secretary of State. The imposition of sanctions for serious offenses on the Minister Finance and Public Administration. The penalty for minor offenses rests with the Secretary of State of Public Administration.

4. The procedure shall comply with the provisions of Law 30/1992 of 26 November, and its implementing regulations concerning the administrative sanctioning procedure.

Article 28. Prescription of offenses and penalties.

1. The limitation period for offenses under this Title shall be five years for very serious infringements three years for serious and one year for minor.

2. The sanctions imposed by the commission of very serious infringements shall lapse after five years, those imposed for serious infringements after three years and those resulting from the commission of minor offenses shall lapse within one year.

3. For the computation of limitation periods covered by the two preceding paragraphs, as well as to the causes of interruption, it is subject to the provisions of Article 132 of Law 30/1992 of 26 November.

First additional provision. Legal status of other senior state public sector.

Are governed by specific regulations senior officials of the state public sector that are not included in the scope of this law, taking it to the same supplementary manner which is not expressly stated in the specific rules and taking the nature of the organism in which those providing services.

Second additional provision. normative references.

Referrals to Law 5/2006 of 10 April, regulating conflicts of interest of members of the Government and Senior Officers of the General State Administration contained in other provisions shall be construed as references to this law.

Third additional provision. Appearance before the Congress of Deputies.

1. Prior to his appointment character, the Government will inform the Congress of Deputies, so that they can have their appearance before the appropriate Committee of the House, the name of the candidates for the following positions:

A) Chairman of the State Council.

B) Maximum makers in the regulatory or supervisory bodies included in Article 1. 2.e).

C) Chairman of the Economic and Social Council.

D) President of EFE.

E) Director of the Spanish Data Protection Agency.

2. The Parliamentary Committee of the Congress of Deputies shall, where appropriate, the proposed candidates. Its members formulate the questions or request clarifications they deem appropriate. The Parliamentary Committee shall issue an opinion in which it will decide on whether its suitability or the existence of conflict of interest is appreciated.

3. The appearance of the members of the Spanish Radio and Television Corporation will occur in accordance with the provisions of the relevant legislation.

Fourth additional provision.


The Haciendas Forales, taking into account the specificities of their legal status, must provide officials with tax residence in its territory the certificate be aware of tax obligations to which Article 17.3 refers.

Derogatory provision. Repeal legislation.

Are repealed all provisions of equal or lower rank that oppose, contradict or are incompatible with the provisions of this law and, specifically:

A) Law 5/2006 of 10 April, regulating conflicts of interest of members of the Government and Senior Officials of the General State Administration.

B) Royal Decree 432/2009, of 27 March, approving the regulation imposing the Law 5/2006 of 10 April, regulating conflicts of interest of members approved develops government and senior officials of the General State Administration.

C) The Agreement of Council of Ministers of 18 February 2005 amending the Code of Good Governance of the members of Government and Senior Officials of the General State Administration approved.

First final provision. Enabling legislation.

The Government adopted by Royal Decree the provisions necessary for the development of this law. In particular, within one year of its entry into force, shall regulate the instruments and procedures for the Office of Conflicts of Interest to carry out its control functions of the financial position of senior officials after leaving.

Second final provision. Entry into force.

This Law shall enter into force on the twentieth day following its publication in the "Official Gazette".

Therefore

Command all Spaniards, individuals and authorities to observe and enforce this law.

Seville, March 30, 2015.
FELIPE R.


The Prime Minister,
MARIANO
Rajoy Brey