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Amendments and the announcements for the promulgation of the Enforcement Rules of the Act on the Recusal of Public Servants Due to Conflicts of Interest (2019-09-11)

The Enforcement Rules of the Act on the Recusal of Public Servants Due to Conflicts of Interest was amended in the conference by the Legislative Yuan, Examination Yuan, and Control Yuan on August 1, 2019 and announced in writing for implementation. The main points of the amendment are as follow:

  1. The scope of “public servant” refers to Paragraph 1, Article 2 of “The Enforcement Rules of the Act on Recusal of Public Servants Due to Conflicts of Interest” (hereinafter referred to as the “Act”). The definitions and explanations of persons who perform functions on behalf of the public servants referred to in Paragraph 2 of the same Article. 
  2. The related persons of a public servant referred to in Paragraph 1, Article 3 and the definitions of labor dispatch referred to in Paragraph 3, Article 4. 
  3. The public servants and interested persons in this Act should apply for recusal. Agencies and organization shall be ordered to recuse.
  4. Regarding related supervisions, subsidies, application of subsidies in accordance with the laws because of the identity, and the definitions of application of subsidies in a fair and open manner in accordance with the laws referred to in Paragraph 1, Article 14, public servants and related persons shall manifest their identities when applying for subsidies or in tender documents, the procedure of revealing the identities of public servants and related persons actively when the subsidies and transaction behaviors are approved referred to Paragraph 2 of the same Article.   
  5. The reporting procedure of change civil servants’ duties in agencies and organizations at all levels. 
  6. The scope Governors at above village (town, city) level elected pursuant to the Public Officials Election and Recall Act referred to in Item 2, Subparagraph 1, Paragraph 1, Article 20.
  7. Where the penalties imposed pursuant to the Act are confirmed, the organ making the penalties shall publish and announce in public the necessary issues.
Release date:2019-11-18 Last updated:2019-11-18
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