1. Conflicts of Interest Declaration
Management of
Conflicts of Interest Declaration
Thi is the my presentation

2. Protect the integrity and credibility of an organization
Why managing Conflict of Interest Matters
Public agencies to promote good governance and maintain public trust and confidence
Protect the integrity and credibility of an organization

3. Legal Obligations…
ACA 2011 (63): “where a public servant or his or her relative or associate has a private or personal interest in a decision to be taken by a public agency, that public servant shall not vote or take part in a proceeding or process of the public agency relating to such decision”
BCSR 2012 (3.2.11): “A civil servant shall declare and avoid Conflicts of Interest in the process of official decision-making and while discharging all other official responsibilities”

4. Legal Obligations…
CCPC 2001 (73): “A case shall not be assigned to a Drangpon (Judge) who may have or be reasonably construed to have a Conflict of Interest in matter at hand”
DHI CGC (2.4.7): “Any conflict of interest, actual or potential, between personal interests of directors and those of the company, shall be avoided”

5. Conflicts of Interest if not managed
Personal Benefits
Favoritism/Biasness
Legal Consequences
Failure to declare Conflicts of Interest is corruption offence- Sec 63, AC Act 2011
Corruption

6. What is Conflicts of Interest ?
‘Conflict between public duty and private interest of the public official, which could improperly influence the performance of public official’s duties’-OECD
Fundamentals of ethics and integrity
Private interest
Public interest
Personal Interest?
Interests that can bring benefits or disadvantages to the public official as an individual, or to others whom the public official may wish to benefit or disadvantage
Example:

7. Financial Interest ? Non-Financial Interest?
Financial and Non-Financial Interests
Financial Interest ?
Fundamentals of ethics and integrity
Non-Financial Interest?
Example:

8. Some Examples…
Receiving gifts/hospitalities from a vendor seeking/having contractual dealings
Participating in recruitment of a person with whom the official has a personal relationship.
Renting one’s own building/car to the organization that one works in
Buying a plot upon knowing the government’s policy on town planning in that particular area.

9. Conflicts of Interest can be Actual, Potential or Perceived
Fundamentals of ethics and integrity
Potential
Perceive d
Actual

10. Are all the Conflicts ‘unethical’?
Having a Conflict of Interest is not necessarily a problem
Having a conflict of interest and doing nothing about it is a problem!

11. Approach to manage Conflicts of Interest
1. Disclosure
2. Review
3. Management
Ad-hoc and Annual Disclosure..\Sample Form for Declaration of Conflicts of Interest (1).pdf
Review disclosures
Handling the declared Conflicts of Interest
Maintaining record is important!

12. Management Option….
Recuse
Waive off
Divest

13. Nature and importance of the public official’s role in the matter
Some Parameters to consider…
The effect that the decision or other action would have upon the interest of the person
Nature and importance of the public official’s role in the matter
Sensitivity of the matter
The difficulty of reassigning the matter to another official; and

14. Conflicts of interest situations varies with functions of organization
Conflicts of interest situations varies with functions of organization.- Must have organization specific management policy
A perceived conflict is as potentially damaging as a real conflict.
It’s better to over-disclose than under-disclose.
The head of the agency must take appropriate measures to manage the CoI declared by its employees

15. Thank you