The Minister of State for Municipal Affairs Fahad Al-Shula yesterday issued a ministerial decision for establishing the mechanism and controls for disclosing conflicts of interest. The decision has a total of 12 articles.
The First Article of the decision specifies the meaning of the term “conflict of interest”.
The Second Article elaborates on four cases of conflict of interest for an employee subject to the law.
1. Owning a significant percentage or a number of shares or stakes with a value not less than five percent of the capital in any company or financial activity that deals with the municipality and is related to the work function of his role, with him having knowledge about that.
2. Playing the role of mediator, agent, sponsor, or consultant for any company or private establishment whose activity is related to the work of the municipality.
3. If someone who is related to the employee owns a kinship, lineage, or affinity relationship up to the second degree, or if the employee is a trustee, or guardian, with an influential percentage of no less than five percent of the capital in any company or financial activity that deals with the municipality.
4. If someone with whom the employee has a working relationship, mediation, agency, or representation, owns an influential percentage of not less than five percent of the capital in any company or financial activity that deals with the municipality.
The Third Article obliges all employees concerned with the municipality, regardless of their capacities, grades, or job titles, to disclose cases of conflict of interest within a period not exceeding 15 days from the date of learning about the existence of the conflict of interest. It should be immediately eliminated by stepping down from making any decision, acting, or participating in it, or eliminating the reason for the conflict of interest arising against any of them.
The Fourth Article clarifies the mechanism and method for submitting disclosure of assets, first from the Municipal Council to the Kuwait Anti-Corruption Authority, second from the members of the Municipal Council to the president of the Municipal Council, and third from the municipal employees of all levels and job grades to the minister.
Article Six of the decision states that if an employee discloses a conflict of interest as legally prescribed and removes it as soon as he becomes aware of it, then that is sufficient without taking any other action. If the employee does not remove the conflict he disclosed, the concerned party must inform the Public Prosecution or the Kuwait Anti-Corruption Authority about the matter.
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