INTEGRITY AND PREVENTION OF CORRUPTION ACT (ZIntPK)

I. GENERAL PROVISIONS

Article 1

(Subject matter of the Act)

For the purpose of strengthening the rule of law, this Act lays down the measures and methods aimed at strengthening integrity and transparency as well as preventing corruption and avoiding and combating conflicts of interest.

Article 2

(Achieving the purpose of the Act)

The purpose of this Act shall be achieved so as to:

1. Ensure independent fulfilment of functions set out by the Constitution and law through reduction and prevention of corruption and through control of incompatibility of office with other offices and activities;

2. Promote and strengthen capacity of individuals and institutions to assume responsibility for the development of integrity and thereby corruption prevention and identification through the implementation of the resolution governing the corruption prevention, through the provision of expert opinions and best practice standards, assistance in training, awareness raising as well as planning and assessing integrity at all levels;

3. Promote and strengthen transparency in processes and procedures regarding the exercise of public authority in performing public functions and conducting public affairs through supervision of property and gift-taking by functionaries, prevention and avoidance of conflicts of interest as well as corrupt practice and supervision of lobbying activities;

4. Ensure transparency of lobbying so as to support sound lobbying practice and restrict and punish unethical lobbying practice by defining the conditions for lobbying activities in public sector operation;

5. Promote and strengthen detection, prevention and elimination of corrupt practice through protection of persons reporting corrupt practice.

6. Promote, support and strengthen cooperation and expert assistance in prevention and fight against corruption at the international level through meeting of international obligations of the Republic of Slovenia.

7. Establish and provide for conditions for the work of the Corruption Prevention Commission as an independent government body for integrity and suppression of corruption and specify its tasks and powers in order to promote and strengthen cooperation between government bodies and local self-government authorities (hereinafter: the local authorities), public sector institutions, holders of a public authorisation, civil society organisations, the media and legal and natural persons in improving of integrity in the Republic of Slovenia, prevention of corruption and an effective response of the government to all forms of corrupt practice.

Article 3

(Application of the Act)

(1) The Act shall apply to the public sector unless the subject matter hereof is governed differently by another law.

(2) The Act shall also apply to the private sector if so specifically set out herein.

Article 4

(Definitions)

The terms used herein shall be defined as follows:

1. “Corruption” means any violation of due process by the officials and responsible persons in the public or private sector, as well as the conduct of persons instigating violations or persons who can take advantage of the violation, due to a benefit for themselves or for another person, directly or indirectly promised, offered or given, required, accepted or expected.

2. “International corruption" is corruption involving at least one natural or legal person from abroad.

3. “Integrity” is the expected action and responsibility of individuals and organisations in prevention and elimination of the risk that any authority, office, power or another competence for decision-making is used contrary to the law, legally permissible objectives or codes of ethics.

4. “Public sector” has the same meaning as the public sector under the law governing civil service including public utility companies and enterprises in which the controlling interest is held by the government or the local authorities.

5. “Public sector employees” are functionaries and civil servants.

6. “Functionaries” include: members of the National Assembly, members of the National Council, President of the Republic, Prime Minister, ministers, state secretaries, judges of the Constitutional Court, judges, public prosecutors, functionaries in other government bodies and local authorities, members of the European Parliament from Slovenia, unless their rights and obligations are stipulated otherwise by regulations of the European Parliament, and other functionaries from Slovenia in European institutions and other international institutions, Secretary-General of the Government, former functionaries while receiving salary allowance in accordance with the law and functionaries of the Bank of Slovenia, unless their rights and obligations are stipulated otherwise by the act governing the Bank of Slovenia and other regulations concerning the Bank of Slovenia.

7. “Family members of functionaries” include: spouses, children, adopted children, parents, adoptive parents, brothers, sisters and the persons living in the household of or in extramarital cohabitation with an functionary.

8. “Senior civil servants” include: directors-general, secretaries-general of ministries, heads of ministerial departments, heads of government offices, heads of administrative units, directors or secretaries of municipalities.

9. “Managers” are directors and members of collective management bodies of: public agencies, public funds, public institutes, commercial public institutions and other entities of public law being indirect users of the government budget or budgets of local authorities and public utility companies and enterprises in which the government or the local authorities hold controlling interest.

10. “Official” means persons defined as such in the Penal Code.

11. “Persons responsible for public procurement” include: persons appointed by contracting authorities in expert committees for awarding public contracts and persons deciding, approving and proposing contents of the tender documentation, assessing bids and proposing to the contracting authority selection of the bidder in the case of tender procedures by preliminary publication or public procurement procedures where the value exceeds the assessed value of public procurement for which tender procedures with publication are needed in accordance with the act governing public procurement.

12. “Conflict of interest” is circumstances in which an official’s personal interest affects or makes an impression of affecting the impartiality and objective provision of his/her public duties.

13. “Private interest of an official” means pecuniary benefit of such a person, his/her family members and entities of public or private law with which such a person has or had business or political connections.

14. “Lobbying" means work of lobbyists who are engaged on behalf of interest organisations in non-public influence on decisions of government bodies, the local authorities and holders of public powers in discussing and adopting regulations and other general documents as well as on decisions of government bodies, the local authorities and holders of public powers in matters other than those subject to judicial or administrative proceedings and procedures carried out in line with the regulations governing public procurement and other procedures deciding on rights and obligations of individuals. Lobbying shall mean any non-public contact of a lobbyist with lobbied persons that has the aim to influence the contents or procedure concerning adoption of the decisions referred to above hereunder.

15. “Lobbyist“ is a person engaged in lobbying.

16. “Lobbied persons” are functionaries and civil servants in government bodies, the local authorities and holders of public powers deciding or participating in discussion and adoption of regulations and other general documents and decisions under Item 14 hereunder with whom the lobbyists communicate for the purpose of lobbying.

17. “Interest organisations” mean all organisations on behalf and for the account of which a lobbyist conducts a lobbying activity.

18. “Entities in charge" are bodies and organisations set out in the action plan for implementing the resolution as the implementers of measures to meet the resolution's objectives.

II. CORRUPTION PREVENTION COMMISSION

1. Definition, composition and supervision of the Corruption Prevention Commission

Article 5

(Position of the Commission)

The Corruption Prevention Commission (hereinafter: the Commission) is an independent government body independently executing powers and performing tasks set out herein and in other legislation, within the scope of the law and based thereof, with the aim of strengthening the efficiency of application of the rule of law and preventing its threatening by corrupt practice.

Article 6

(Funds for the operation of the Commission)

Funds for the operation of the Commission shall be provided by the budget of the Republic of Slovenia at the Commission's proposal. The Commission shall decide independently on the use of the budget funds.

Article 7

(Appointing functionaries of the Commission)

(1) The Commission shall have the chair and two deputy chairs. The chair and the deputy chairs are functionaries.

(2) The chair and the deputy chairs shall be citizens of the Republic of Slovenia, have education with at least a second-level degree or a corresponding degree in line with the act governing higher education, and at least ten years of experience in performing tasks requiring such education, and shall not be finally sentenced to prison.

(3) The chair and the deputy chairs shall be persons from whom it can be reasonably expected, based on previous work, conduct or behaviour, to perform their duties in the Commission in a legal and professional manner.

(4) The office of the chair or deputy chair shall be incompatible with an office or work in another entity of public or private law operating in areas where the Commission has powers in accordance herewith.

(5) The chair and deputy chairs shall cease to perform work or hold office referred to in the previous paragraph hereunder within one month after assuming the office.

(6) The chair shall be appointed for six years and deputy chairs for five years; they may be appointed to the office twice in a row.

Article 8

(Conditions for the operation of the Commission)

(1) The office of the chair and deputy chairs of the Commission shall be a full time job.

(2) The Commission shall employ the necessary number of civil servants. The types and number of civil servant jobs shall be determined by job classification.

2. Selection procedure, appointment, operation, tasks and powers of the Commission

Article 9

(Appointment of the Commission)

(1) Six months prior to the expiry of the term of office of the chair and deputy chairs, the chair of the Commission shall notify the President of the Republic and the President shall call upon the proposers for members of the selection committee to appoint the members within 30 days from receiving the notice from the President of the Republic. The President of the Republic shall at the same time when calling for appointment of members of the selection committee also make a public invitation for collecting candidacies for the chair and deputy chairs of the Commission. A deadline of not less than 14 and not more than 30 days shall be set for collecting candidacies. The received candidacies shall be forwarded to the selection committee.

(2) The selection procedure for suitable candidates for the chair and deputy chairs shall be carried out by the selection committee consisting of five members. The following shall each appoint one member of the selection committee:

- the Government of the Republic of Slovenia (hereinafter: the Government);

- the National Assembly of the Republic of Slovenia (hereinafter: the National Assembly);

- non-governmental organisations engaged in corruption prevention from their members;

- the Judicial Council from its members;

- the Civil Servants’ Council from its members;

and notify the appointments to the Office of the President of the Republic of Slovenia (hereinafter: the Office of the President).

(3) The first meeting of the selection committee shall be convened by the secretary-general of the Office of the President within seven days after expiry of the deadline specified in the third sentence of the first paragraph hereunder. The committee shall at its first meeting set the manner of its work and shall be chaired by its oldest member unless the members of the selection committee decide otherwise.

(4) If the proposers for members of the selection committee fail to appoint their members to the selection committee within the deadline specified in the first paragraph hereunder, the secretary-general of the Office of the President shall call upon them to do so within five days from receiving the call with a notice that should they fail to do so, the selection committee would begin its work with the already appointed members. The selection committee shall in such a case decide with a majority vote of the appointed members.

(5) The selection committee shall check meeting of the conditions set out in the second paragraph of Article 7 herein and assess suitability of candidates in line with the third paragraph of Article 7 herein. The selection committee shall submit to the President of the Republic within 30 days after the expiry of the deadline specified in the previous paragraph hereunder a list of candidates meeting the conditions and suitable for appointment.

(6) The President of the Republic shall appoint within 30 days from receiving the candidacies the chair and deputy chairs of the Commission from the candidates submitted by the selection committee.

(7) If the President of the Republic appoints no candidate for the chair and deputy chairs of the Commission from the proposed candidates, the selection committee shall be notified and the procedure of the public call for candidacies shall be immediately repeated. The deadline for collecting proposals shall be in such a case not less than 14 and not more than 30 days. The selection committee shall carry out the procedure for selecting suitable candidates within 14 days from expiry of the deadline for collecting candidacies. If the repeated procedure is unsuccessful, it shall be repeated until the chair and deputy chairs of the Commission are appointed, accounting for the deadlines specified hereunder.

(8) An functionary of the Commission who’s term of office has expired shall perform his/her duties until a new functionary is appointed to replace him/her.

(9) The tasks in accordance herewith necessary to collect candidacies and select suitable candidates shall be performed by the Office of the President.

Article 10

(Powers of the chair of the Commission)

(1) The chair of the Commission represents the Commission and manages and organises its work.

(2) The chair of the Commission shall set the first and the second deputy chair from the appointed deputy chairs.

(3) The chair of the Commission may authorise a deputy chair to organise and manage the work in individual areas.

(4) When absent or unavailable, the chair of the Commission shall be replaced by the first deputy chair and if both the chair and the first deputy chair of the Commission are absent or unavailable, they shall be replaced by the second deputy chair. If the chair of the Commission is discharged in accordance with Article 22 herein, the first deputy chair shall perform his/her duties until a new chair is appointed.

Article 11

(Method of operation of the Commission)

(1) The Commission shall operate and decide as a collective body consisting of functionaries referred to in the first paragraph of Article 7 herein. It shall discuss cases on meetings where it adopts opinions, positions and other decisions, which must be adopted by at least two votes.

(2) The Commission shall regulate its operation by rules of procedure and other general documents. The Rules of Procedure shall be published in the Official Gazette of the Republic of Slovenia.

Article 12

(Tasks and powers of the Commission)

(1) The Commission:

- prepares expert bases for strengthening integrity and for training programmes;

- trains persons responsible for integrity plans;

- prepares template integrity plans with representatives of the same type entities of public law or their associations;

- advises in strengthening of integrity and prevention and elimination of the risk of corruption in the public and the private sector;

- monitors and analyses data regarding the situation and accomplishment of the tasks aimed at preventing corruption in the Republic of Slovenia;

- monitors affairs regarding international corruption;

- performs tasks related to lobbying;

- issues opinions in principle, positions, recommendations and explanations regarding the issues related to the contents hereof;

- provides for implementation of the resolution on prevention of corruption in the Republic of Slovenia;

- prepares amendments to the resolution on the prevention of corruption in the Republic of Slovenia and submits them for discussion to the Government who submits them for adoption to the National Assembly;

- gives consent to the plans regarding the implementation of the resolution on the prevention of corruption in the Republic of Slovenia to individual bodies specified in the resolution;

- draws attention of the responsible authorities in the Republic of Slovenia to meet the obligations deriving from international documents relating to the prevention of corruption, and issues proposals as regards the method of implementation of these obligations;

- cooperates with responsible government bodies in the drafting of legislation relating to prevention of corruption;

- monitors implementation of the legislation referred to in the preceding indent hereunder and takes initiatives for their amendments and supplements;

- may give opinions on draft laws and other regulations before their discussion by the Government with regard to alignment of draft laws and other regulations with the laws and regulations governing the prevention of corruption and prevention and elimination of conflict of interest;

- may submit initiatives to the National Assembly and the Government for amendments to the laws and other regulations falling within the scope of its powers;

- cooperates with similar bodies in other countries and international institutions as well as international non-profitable organisations engaged in the prevention of corruption;

- cooperates with scientific, professional, media and non-profitable organisations engaged in the prevention of corruption;

- prepares grounds for codes of conduct;

- publishes professional literature;

- performs against payment expert tasks related to preparation and development of integrity plans and preparation of measures for the prevention of corruption for private sector users;

- keeps records in accordance herewith;

- performs other tasks set out herein or in other laws.

(2) As regards performing of the task specified in the sixth indent of the previous paragraph hereunder, the police, the public prosecutor’s office and the courts shall inform the Commission on any completed dealing with the criminal offences of corruption of which Slovenian and foreign citizens or legal persons with registered office in the Republic of Slovenia and abroad have been simultaneously suspected, charged, indicted or convicted, within 30 days from the case completion, namely the police by a notice on the manner of the case completion, the public prosecutor's office by a document on dismissing the charges or abandoning prosecution and the court by a judgement or decision.

(3) The pricelist for the tasks referred to in the twenty-first indent of the first paragraph hereunder shall be set by the Commission and published on its website. Charging of costs and the manner of payment for the aforementioned tasks shall comply with the regulations adopted on the basis of the act governing public finance.

Article 13

(Opinions in principle of the Commission)

(1) The Commission shall at its own initiative or based on reports of cases of suspected corruption prepare opinions in principle regarding certain acts which does not constitute deciding on the responsibility of involved natural or legal persons.

(2) No personal data shall be specified in the opinions in principle referred to in the previous paragraph hereunder. A draft opinion in principle shall be submitted before its publication to the person discussed in the opinion with a request that a reply to the draft opinion be given within 14 business days. The Commission shall discuss the reply and if an opinion in principle is issued, it shall be presented to the public together with the reply of the discussed persons with no personal data revealed.

(3) The Commission shall issue an opinion in principle referred to in the first paragraph hereunder also based on a request from a body, organisation or natural person.

(4) The Commission shall inform the applicant referred to in the previous paragraph hereunder on the deadline in which an opinion in principle is to be submitted within 30 days from receiving the request.

(5) The Commission shall prepare opinions and explanations on other matters within the scope of its work based on a request from a body, organisation or natural person referred to in the third paragraph hereunder.

Article 14

(Anti-corruption clause)

(1) Any contract with regard to which a person on behalf or for the account of another contractual party promises, offers or gives any undue benefit to a representative or agent of a public-sector body or organisation for the purpose of:

- winning the contract; or

- concluding the contract under better terms & conditions; or

- omitting due supervision over meeting of contractual obligations; or

- other acts or omissions causing damage to the public-sector body or organisation or enabling undue benefit to a representative or agent of the public-sector body or organisation, other contractual parties or their representatives, attorneys and agents;

shall be deemed void.

(2) The public-sector bodies and organisations shall include in contracts exceeding the value of 10,000 euros concluded with providers of goods and services or work contractors the contents of the preceding paragraph

hereunder as a compulsory element of the contract, accounting for the case at hand, and may include additional provisions on the prevention of corruption or other acts contrary to morale or public order. The provision shall also apply to concluding contracts with providers, vendors or contractors for work or services outside the Republic of Slovenia.

(3) A public-sector body or organisation concluding the contract shall based on their findings on alleged existence of the actual situation referred to in the first paragraph hereunder or a notice from the Commission or other bodies concerning alleged existence commence to determine the conditions for contract voidness specified in the previous paragraph hereunder or other measures in accordance with the law of the Republic of Slovenia.

(4) The Commission shall in the case of suspected irregularities in implementation of the second paragraph hereunder request from the public-sector bodies or organisations to submit all contracts concluded in a period or with a contractual party. If the Commission finds a violation of the second paragraph hereunder or alleged existence of the actual situation specified in the first paragraph hereunder, it shall inform the body or organisation concluding the contract and other competent bodies thereof.

Article 15

(Rules of the procedure)

(1) The Commission shall apply in its proceedings the act stipulating the general administrative procedure unless specified otherwise herein.

(2) There shall be no appeal against a decision of the Commission; however, an administrative dispute shall be possible.

Article 16

(Obligation to submit data and documents to the Commission)

(1) Government bodies, the local authorities and holders of a public authorisation and other legal persons governed by public and private law must submit free of charge to the Commission, upon its substantiated request, notwithstanding the provisions of other laws and irrespective of their form, within 15 days following a call from the Commission, any data, including personal data, and documents required for the performing of legal tasks of the Commission. If the addressee of a request is the Bank of Slovenia, data exchange shall comply with the law of the European Union governing exchange of supervisory and statistical information and protection of professional secrets and with the regulations binding on the Bank of Slovenia as regards the relevant matter.

(2) A substantiated request from the previous paragraph hereunder shall include the legal grounds for obtaining data and the reasons and purpose for which data have been requested.

(3) The first paragraph hereunder shall not apply to data obtained in their work in a confidential relationship by attorneys-at-law, physicians, social workers, psychologists, priests or other persons under legal obligation to protect data from a confidential relationship and to data obtained by competent bodies by applying the law governing police or intelligence powers and the act governing the criminal procedure.

(4) If it can be substantively concluded that a person is hiding his/her property or income for the purpose of avoiding supervision in accordance herewith and the Commission has no other means to perform its tasks under Section V herein, a notice shall be given to the competent law enforcement and supervision bodies in the Republic of Slovenia with a call to determine the actual situation regarding property within the scope of their powers. The bodies shall inform the Commission on their findings.

(5) At the Commission’s request, the public sector employees and the managers shall attend the Commission’s meetings and give explanations and answer the questions of the Commission within the scope of its powers.

3. Cooperation with non-profitable organisations from private sector engaged in the prevention of corruption

Article 17

(Non-governmental organisations)

(1) The Commission shall for the purpose of implementing the purpose hereof and to strengthen integrity cooperate with non-profitable organisations from private sector engaged in the prevention of corruption and with representative trade unions of the public sector (hereinafter: the trade unions).

(2) The Commission may within its budget finance non-profitable organisations from private sector engaged in the prevention of corruption in performing of tasks related to training, informing and raising awareness of the general public and public-sector bodies and transfer of good practice related to implementation of the purpose hereof.

4. Supervision of work and operation of the Commission

Article 18

(Informing the public)

(1) The Commission shall inform the public of its work.

(2) The Commission shall inform the public by publication of its opinions in principle, positions and decisions and convocation of meetings and the minutes thereof.

(3) The Commission may invite to its meetings representatives of non-profitable organisations engaged in the prevention of corruption and the trade unions referred to in the previous article herein.

Article 19

(Reporting obligations of the Commission)

The Commission shall report to the National Assembly on its work once a year. The annual report shall be submitted by 31 May for the previous year.

Article 20

(Supervision over the Commission)

The National Assembly shall supervise the work of the Commission. The chair of the Commission shall report annually to the National Assembly, without stating data enabling identification of the processed natural or legal persons, on the contents and scope of work, the decisions, findings and opinions of the Commissions related to its powers and give an assessment of the current situation in the prevention of corruption and prevention and elimination of conflict of interest.

Article 21

(Competencies of the National Assembly in supervision)

The National Assembly shall by applying mutatis mutandis this Act supervise assets, receiving of gifts, conflict of interest and incompatibility of office with commercial activities of the chair and deputy chairs of the Commission.

Article 22

(Discharge of the Commission)

(1) The chair or deputy chair of the Commission shall be discharged by the President of the Republic.

- upon a request of the chair or deputy chair;

- if (s)he has been finally sentenced to prison;

- due to permanent loss of capacity to hold the office;

- if not acting in accordance with the fifth paragraph of Article 7 herein.

(2) In the case of facts referred to in the second or third indent of the previous paragraph hereunder, the chair or deputy chair of the Commission shall inform the President of the Republic of such facts within three business days from their occurrence.

(3) If it is found that the chair or deputy chair of the Commission acted contrary to the fifth paragraph of Article 7 herein, the President of the Republic shall discharge him/her based on a proposal from the National Assembly.

(4) The President of the Republic may on a proposal from the National Assembly discharge the chair or deputy chair of the Commission if (s)he does not hold the office in line with the Constitution and the law.

(5) When the chair or deputy chair of the Commission is discharged early, a new functionary shall be appointed for the remaining term of office of the Commission, in accordance with Article 9 herein.

III. PROTECTION OF WHISTLEBLOWERS

Article 23

(Reporting corruption and protection of whistleblowers)

(1) Any person may report to the Commission or another competent body cases of corrupt practice in a government body, local authority, holder of a public authorisation or another legal person governed by public or private law for which (s)he believes to show signs of corruption. The Commission and other competent bodies shall reply to the statements of the person reporting the case within 30 days or submit a notice on further action and procedures in the case of a more complex case. The provision shall not affect the right of the person reporting the case to inform the general public on corrupt practice.

(2) A report containing data with a level of confidentiality determined in accordance with the law shall be submitted only to law enforcement bodies or the Commission.

(3) If the Commission establishes that the report referred to in the preceding paragraphs contains any signs of a criminal offense prosecuted ex officio, it shall notify thereof the law enforcement bodies in accordance with the law regulating the criminal procedure, and shall require from them to notify the Commission of their procedure.

(4) The identity of the person reporting the case referred to in the first paragraph hereunder who submitted the report in good faith or substantively concluding that the data related to the report were true, which is to be determined by the Commission, shall not be determined or disclosed. A malevolent report shall be treated as a misdemeanour in accordance herewith if no sign of a criminal offence has been given.

(5) When assessing whether a report has been given in good faith or if the person reporting the case substantively concluded that the data were true, the Commission takes into account primarily the nature and gravity of the reported activity, the threatened or caused damage, any breach by the reporting person of the duty to protect certain data and the status of the body or person to which the case has been reported.

(6) If, with regard to the reported corruption, conditions have been provided for protection of the person reporting the case or his/her family members in accordance with the act on witness protection, the Commission may give to the Commission for Witness Protection a proposal for their inclusion in the protection programme or an initiative to the state prosecutor general to take the urgent protective measures.

(7) When the Commission for Witness Protection decides on the Commission’s proposal, a representative of the Commission may be present at the meeting.

(8) Only a court may decide on disclosure of data and identity of persons referred to in the fourth paragraph hereunder if urgently needed to protect public interest or the rights of others.

Article 24

(Reporting unethical or illegal activity)

(1) Any official who has good grounds for believing that an illegal or unethical conduct is required from him/her or any form of psychological or physical violence is exerted upon him/her with this purpose may report this to his/her superior or a duly appointed person (hereinafter: the competent person).

(2) If the official reporting has no competent person, if the competent person fails to respond to the report in writing within five business days or if the competent person is the person who has required from him/her to get involved in an illegal or unethical conduct, the Commission shall be the competent body.

(3) The competent person or the Commission shall analyse the actual situation on the basis of the report, give adequate instructions, if necessary, for actions to be taken and take the necessary steps to prevent illegal or unethical requests and any adverse consequences.

Article 25

(Measures to protect the person reporting the case)

(1) If the person reporting the case in line with Articles 23 and 24 herein has been exposed to retaliatory measures and adverse consequences have occurred, (s)he shall have the right to demand from the employer reimbursement of illegally caused damage.

(2) The Commission may offer assistance to the person reporting the case in establishing the causal relationship between adverse consequences and the retaliatory measures referred to in the previous paragraph hereunder.

(3) If the Commission in a procedure referred to in the previous paragraph hereunder establishes causal relationship between the report and the retaliatory measures against the person reporting the case, it shall demand from the employer to immediately cease such activities.

(4) If the person reporting the case under the first paragraph hereunder is a civil servant, (s)he may, in the case retaliatory measures are not stopped despite a demand from the Commission specified in the preceding paragraph hereunder and continued work on the work post is impossible, request from the employer transfer to another equal work post and inform the Commission thereof.

(5) If the person reporting the case states facts in a dispute that give support to the allegation that the report caused that person to be subjected to retaliatory measures from the employer, the burden of proof shall be on the employer.

(6) The civil servant’s employer shall provide for implementation of the request specified in the fourth paragraph hereunder within 90 days and inform the Commission thereof.

IV. PREVENTION OF CONFLICT OF INTEREST AND SUPERVISION OF RECEIPT OF GIFTS

1. Incompatibility

Article 26

(Incompatibility of office and exceptions)

(1) A functionary holding office professionally shall not perform, in addition to the public function, an occupational or other activity for the purpose of obtaining income or pecuniary benefit.

(2) Notwithstanding the provision of the preceding paragraph hereunder, a professional functionary may perform pedagogical, scientific, research, artistic, cultural, sports and publicist work as well as run a farm or manage own property unless specified otherwise in another act.

(3) Unless another act specifies otherwise, the Commission may permit a professional functionary to perform other activities for the purpose of obtaining income if there is no possibility that such activity could affect objective and impartial holding of the office. If the professional functionary wants to obtain income from the body in which (s)he holds the office, the Commission shall grant no approval.

Article 27

(Prohibition of membership and activities)

(1) A professional functionary cannot be a member or perform the activity of managing, supervising or representing commercial enterprises, business interest associations, cooperatives, public institutes, public funds, public agencies or other persons governed by public or private law except for societies, institutions and political parties.

(2) A non-professional functionary cannot be a member or perform the activity of managing, supervising or representing a person governed by public or private law referred to in the previous paragraph hereunder, if by his/her office (s)he performs direct control over its work.

(3) The prohibition under the first paragraph hereunder regarding membership and performing activities of managing, supervising or representing public institutes, public funds, public agencies and other persons governed

by public or private law, if a private-law person is a holder of a public authorisation or performs public service, shall apply to non-professional mayors and deputy mayors as well.

Article 28

(Discontinued performing of an activity, office or membership)

(1) Any functionary who prior to commencing the office has performed an activity or held an office, incompatible with the holding of his/her office in accordance herewith or contrary to the preceding article herein, must cease the activity or office no later than within 30 days after the election or appointment, or after the confirmation of his/her office.

(2) An functionary, who was prior to assuming the office a member of bodies where membership is incompatible with his/her office in accordance herewith or being contrary to the preceding article herein, shall immediately submit a letter of resignation or a request for dismissal from membership and the membership shall be discontinued within 30 days from appointment to the office.

Article 29

(Warning of the Commission and consequences of incompliance)

(1) If an functionary continues to perform the activity or hold an office which is incompatible with the holding of his/her office in accordance herewith after the deadline specified in the preceding article herein, the Commission shall warn him/her and determine in the warning a deadline by which he/she must cease to perform such activity or hold such office. The deadline determined by the Commission may not be shorter than 15 days or longer than three months.

(2) If the Commission finds that the functionary has after the deadline set by the Commission based on the first paragraph hereunder continued to perform an incompatible activity, membership or office, it shall notify the body competent to propose or initiate the procedure for removal from the office of the functionary. The competent body shall inform the Commission on its final decision.

(3) Provisions of the preceding paragraph hereunder shall not apply to directly elected functionaries. If the Commission determines facts referred to in the previous paragraph hereunder for such functionaries, the public shall be informed and the findings published on the Commission's website.

2. Prohibition and restriction on receipt of gifts

Article 30

(Prohibition and restriction on receipt of gifts by functionaries)

(1) A functionary shall not accept gifts or other benefits (hereinafter: the gifts) relating to the holding of the office, except for protocol gifts and occasional gifts of low value.

(2) Gifts to functionaries by representatives of other government bodies, countries and international organisations and institutions given in the course of visits or on other occasions, and other gifts given in similar circumstances, shall be regarded as protocol gifts.

(3) Gifts given at special occasions not exceeding the value of 75 euros or gifts whose total value in a year does not exceed 150 euros, if they are received from the same person, shall be regarded as occasional gifts of low value. In no case may cash, securities or precious metals be received as a gift of low value.

(4) Functionaries shall not receive gifts, regardless of their value, that affect or may affect the objective and impartial holding of the office.

(5) Prohibitions and restrictions referred to in this Article shall also apply to family members of the functionary.

Article 31

(List of gifts)

(1) The functionary shall record the accepted gifts and their value in a list of gifts kept with the body or organisation where the functionary receiving the gift holds office.

(2) The gifts whose value does not exceed 25 euros shall not be recorded in the list of gifts referred to in the preceding paragraph hereunder.

(3) Protocol or occasional gifts exceeding the value of 75 euros shall become the property of the Republic of Slovenia, the local community or the organisation in which the functionary holds office.

(4) If the Commission finds that the received protocol or occasional gift exceeds the value specified in the previous paragraph hereunder or in the case referred to in the fourth paragraph of the previous article herein, such gift shall based on the Commission's decision become property of the Republic of Slovenia, the local community or the organisation in which the functionary holds office.

(5) The functionary shall hand over the accepted gifts referred to in the preceding paragraph hereunder to the body or organisation where the functionary holds office. If the gift physically no longer exists or if it cannot be handed over to the body or organisation where the functionary holds office for another reason, the functionary shall based on the Commission’s decision pay the value of the gift to the government or municipal budget.

(6) The manner of disposal with gifts, keeping and the contents of the list of gifts received in relation to their office by functionaries and as regards other implementation issues related to prohibitions, restrictions and duties of functionaries in receiving gifts shall be determined by the Commission.

Article 32

(Submitting lists of gifts to the Commission)

(1) The government and other bodies and organisations which are obliged to keep lists of gifts shall submit copies of the lists for the previous year to the Commission by 31 March of the current year.

(2) Should the Commission establish, while examining the list, any deviations from the legal criteria set out in Article 30 herein, it shall inform thereof the body or organisation which has submitted the list.

(3) The Commission shall prepare, on the basis of the gathered data, a public catalogue of gifts accepted in the previous year and publish it on its website.

Article 33

(Gifts and objective holding of the office)

(1) The Commission shall assess in monitoring the implementation hereof as regards receiving gifts whether a functionary has received gifts or obtained benefits that affected or may have affected the objective and impartial holding of the office.

(2) If the Commission assesses that an functionary has received gifts or obtained benefits which have or could have affected the objective and impartial holding of his/her office, the Commission shall immediately notify thereof the law enforcement bodies and other bodies as necessary.

(3) If the Commission finds that a functionary has received gifts that have or may have affected objective and impartial holding of the office, such gifts shall based on the Commission's decision become property of the Republic of Slovenia or a local community.

Article 34

(Gifts to government and local bodies and holders of a public authorisation)

(1) Government bodies, local authorities and holders of a public authorisation may receive gifts only in the cases and subject to the conditions set out by law.

(2) Notwithstanding the provisions of other laws, government bodies, local authorities and holders of a public authority shall not receive gifts which affect or may affect the legality, objectivity and impartiality of their operation.

(3) Government bodies, local authorities and holders of a public authority shall submit to the Commission a list of gifts received in accordance with the first paragraph hereunder along with the list of gifts referred to in the first paragraph of Article 31.

(4) If the Commission finds that a government body, local authority or a holder of a public authorisation has received gifts that have or may have affected legal, objective and impartial holding of the office, such gifts shall based on the Commission's decision become property of the Republic of Slovenia or a local community.

3. Restrictions of operation

Article 35

(Restrictions of operation and consequences of violations)

(1) Contracting authorities operating in accordance with the public procurement regulations shall not do business with entities in which an functionary holding office with a contracting authority or his/her family member is a member of the management or participates directly or indirectly in the founding rights, management or capital in an amount exceeding 5%.

(2) The prohibition from this Article shall apply mutatis mutandis to state aid and other forms of acquiring funds from the contracting authorities operating in accordance with the public procurement regulations and to concessions and other forms of public-private partnerships, other than state aid in the event of natural disasters.

(3) The functionaries shall submit to the Commission within one month after assuming the office the name, identification number and registered office of entities to which they or their family members have a relation specified in the first paragraph hereunder.

(4) The Commission shall publish monthly on its website the list of entities subject to restrictions in accordance with the provisions of this Article.

(5) The restrictions in accordance with the provisions in this Article shall not apply to the operations on the basis of contracts concluded prior to the functionary’s commencement of office.

(6) Any contract signed contrary to the provisions of this Article shall be void.

Article 36

(Temporary prohibition of operation after ceasing of the office)

(1) In the period of two years after the ceasing of the office, a functionary shall not act in relation to the body where he/she held the office as a representative of the enterprise which has established or is about to establish business contacts with such body.

(2) The body in which the functionary has held his/her office shall not conduct business for one year after ceasing of the office with an entity in which the former functionary has a direct or indirect interest of more than 5% in founding rights, management or capital.

(3) The body where the functionary has held his/her office shall inform the Commission on the cases referred to in the first paragraph hereunder immediately and not later than within 30 days.

4. Conflict of interest

Article 37

(Duty to avoid the conflict of interest)

(1) An official shall pay attention to any actual or potential conflict of interest and shall make every effort to avoid it.

(2) An official shall not use his/her office or job to materialise any illegitimate private interest to him/her or anybody else.

Article 38

(Consequences of incompliance with the duty to avoid)

(1) Unless specified otherwise by another act, an official determining a conflict of interest or a possibility for such a conflict when assuming the job or office or during its performing shall immediately inform his/her superior thereof in writing or the Commission in the case of no superior. (S)he shall immediately cease to work on the matter where the conflict of interest has occurred unless any delay would be dangerous.

(2) A superior or the Commission shall decide on the occurrence of a conflict of interest within 15 days and shall immediately inform the official of their decision.

Article 39

(Procedure to determine the conflict of interest)

(1) In the case of a probability that official acts of the official contained a conflict of interest, the Commission may initiate the procedure to determine the actual existence of the conflict of interest and its consequences.

(2) If the procedure has determined a conflict of interest, the Commission shall inform the competent body or employer and set the deadline in which the Commission shall be informed on the adopted measures.

(3) If the Commission establishes that any official knew or should or could have known about the existence of a conflict of interest in the situation concerned and such official nevertheless acted contrary to the provisions on prevention of conflict of interest, the Commission shall notify thereof other competent bodies.

(4) The Commission may initiate the procedure referred to in the first paragraph hereunder within two years from the performed official acts.

Article 40

(Exceptions from application of this section)

The provisions of this section shall not apply to procedures in which exclusion of an official is regulated by another law.

V. SUPERVISION OF ASSETS

Article 41

(Duty to report assets)

(1) The persons with obligations under this section are: professional functionaries, non-professional mayors and deputy mayors, senior civil servants, managers and persons responsible for public procurement.

(2) A person under obligation shall submit to the Commission immediately, and in no case later than one month after taking up and terminating his/her office or job, the data on his/her assets. In the case of a suspicion that the reported situation deviates from the actual one, the person under obligation shall upon a request of the Commission within one year after ceasing the office or after the completed last procedure under the public procurement regulations resubmit data on his/her assets.

(3) The bodies and organisations employing the persons under obligation shall submit to the Commission the lists of such persons within 30 days after any change.

Article 42

(Data on assets)

(1) The data on assets of a person under obligation shall comprise the following:

- personal name;

- personal ID number;

- tax number of the person under obligation;

- information on the office or job;

- the work he/she performed directly prior to the commencement of office;

- other offices or activities he/she holds or performs;

- ownership or stakes, shares and management rights in a commercial enterprise, private institute or other private activity with a description of activities and name of the enterprise or organisation;

- stakes, shares and rights of entities referred to in the previous indent hereunder in another enterprise, institute or private activity with the name of the organisation (hereinafter: indirect ownership):

- annual income which is the basis for the personal income tax;

- real estate including all land register data;

- deposits in banks, savings banks and savings and loan associations whose total value on individual accounts exceeds 10,000 euros;

- cash if its total value exceeds 10,000 euros;

- type and value of securities if their total value at the time of reporting of the assets exceeds 10,000 euros;

- debts, liabilities or assumed guarantees and loans given totalling over 10,000 euros;

- movable property whose value exceeds 10,000 euros.

(2) The Commission shall by itself obtain any data specified in the previous paragraph hereunder for persons under obligation which can be obtained from official records.

(3) If the Commission based on comparison of data specified in the first paragraph hereunder and other data determines inconsistency, it may request from the person under obligation to enclose evidence to the data specified in the first paragraph hereunder.

Article 43

(Duty to report changes in the assets)

(1) The Commission shall obtain from the competent body the data on annual income referred to in the ninth indent of the first paragraph of the previous Article in the form of annual decision on the assessment of personal income tax.

(2) A person under obligation shall submit to the Commission by 31 January for the previous year any change in office, activities or ownership referred to in the seventh and eighth indents of the first paragraph of the previous Article and any change in the assets referred to in indents ten to fifteen of the first paragraph of the previous Article, exceeding 10,000 euros.

(3) The Commission may ask at any time the person under obligation to submit to it the data referred to in Article 42 herein. The person under obligation shall submit such data to the Commission within 15 days after receiving the request.

(4) If a comparison of the submitted data and the actual situation gives rise to reasonable grounds that the person under obligation transfers his/her property or income to family members for the purpose of evading supervision under this Act, the Commission may request from them to submit the data referred to in indents nine to fifteen of the first paragraph of the preceding Article within one month after receiving the request.

Article 44

(Call to submit data on assets)

(1) If the Commission establishes that the person under obligation has failed to submit the data on his/her offices, activities, property and income in accordance with this Act, the Commission shall invite him/her to submit the prescribed data within the deadline, which may not be less than 15 days and not more than 30 days.

(2) If the person under obligation fails to submit the required data by the deadline specified in the preceding paragraph hereunder, the Commission shall decide that his/her salary or salary allowance shall be reduced every months after the expiry of the deadline by one-tenth, but not more than up to the amount of the minimum wage. The employer shall be responsible to implement the decision.

(3) The second paragraph hereunder shall not apply to non-professional mayors, deputy mayors and lobbyists.

Article 45

(Disproportionate increase in property)

(1) If the Commission based on data on the assets or other data determines that property of a person under obligation has disproportionately increased since the last declaration with regard to his/her income from holding of the office or activity otherwise performed in line with the provisions and restrictions set out herein and in other laws or that the value of his/her actual property used as the taxation base significantly exceeds the reported value of property, it shall call upon the person under obligation to explain within 15 days the manner of increase in property or the difference between the actual and declared property.

(2) If the person under obligation under the preceding paragraph hereunder fails to explain the manner of the increase in property or the difference between the actual and declared property, the Commission shall notify thereof the body where the person under obligation holds office or the body responsible for election or appointment of the person under obligation and other competent bodies in the case of suspected other violations.

(3) The body where the person under obligation holds office or job or the body competent for election or appointment of the person under obligation may, except for directly elected functionaries, based on a notice of the Commission referred to in the previous paragraph hereunder initiate the procedure in accordance with the Constitution and the law to cease the office or discharge or other procedures and inform the Commission thereof.

(4) The bodies referred to in the second and the previous paragraph shall notify the Commission of their findings and decisions within a period of three months from receiving the notice from the Commission.

(5) If the Commission reasonably suspects that property of a person under obligation referred to in the first paragraph hereunder has significantly increased and the person under obligation failed to provide adequate explanation for the increase with the simultaneous substantiated danger that the person under obligation would dispose with the property, hide it or sell it, the Commission may propose to the state prosecutor’s office or the competent body for prevention of money laundering, tax evasion and for financial supervision to act within their legal powers to suspend transactions or protect cash and property with the aim of confiscating unlawfully acquired pecuniary benefits or cash and property of illegal origin.

(6) The state prosecutor’s office or another body referred to in the previous paragraph hereunder shall inform the Commission in writing within 72 hours on the action taken.

Article 46

(Public nature of data)

(1) Notwithstanding the restrictions laid down by the law on protection of personal data and tax secrecy, the data on income and property of the persons under obligation and persons responsible for public procurement shall be publicly available in the part relating to the income and property acquired in the period of the holding of public office or activity and one year after the cessation thereof.

(2) The Commission shall publish on its website data on income and property acquired in the period of holding of a public office or performing an activity and one year after the cessation thereof, namely:

- personal name and office of the person under obligation;

- ownership or stakes, the number of shares and rights in a commercial enterprise, institute or private activity with the name of the enterprise or organisation;

- ownership or stakes, shares and management rights in a commercial enterprise, private institute or other private activity with a description of activities and name of the enterprise or organisation;

- annual income which is the basis for the personal income tax;

- number and value of real estate with no land registry data;

- total value of deposits in banks, savings banks and savings and loan associations if the total value exceeds 10,000 euros;

- cash if its total value exceeds 10,000 euros;

- securities if their total value exceeds 10,000 euros;

- debt, liabilities or assumed guarantees if their total value exceeds 10,000 euros;

- loans given if their total value exceeds 10,000 euros;

- movable property whose value exceeds 10,000 euros in a manner preventing its identification.

(3) The data referred to in the previous paragraph hereunder shall be published in a manner enabling comparability.

VI. INTEGRITY PLANS

Article 47

(Contents of integrity plans)

(1) Government bodies, local authorities, public agencies, public institutes, commercial public institutions and public funds shall develop and adopt integrity plans in accordance herewith and inform the Commission thereof.

(2) The integrity plan shall consist, in particular, of:

- assessment of corruption exposure of the institution;

- personal names and work posts of the persons responsible for the integrity plan;

- a description of typical work processes and decision-making method including a corruption risk exposure assessment and proposed improvements regarding integrity;

– measures for timely detection, prevention and elimination of corruption risks; and

- other parts of the plan defined in the guidelines referred to in Article 50 of this Act.

(3) The Commission shall provide training for persons referred to in the second indent of the previous paragraph hereunder.

Article 48

(Supervision of integrity plans)

The Commission shall check whether the bodies and organisations referred to in the preceding Article have adopted integrity plans and how they are implemented.

Article 49

(Request for assessment of integrity plans)

At the proposal of legal persons other than those referred to in the first paragraph of Article 47 herein and at their expense, the Commission may conduct an integrity assessment or provide proposals for its improvement by applying the provisions of the second paragraph of Article 47 herein.

Article 50

(Publication of guidelines for developing integrity plans)

The Commission shall draft and publish on its website the guidelines for developing integrity plans, for examination of operation of integrity plans and for integrity assessments.

VII RESOLUTION ON THE PREVENTION OF CORRUPTION IN THE REPUBLIC OF SLOVENIA

Article 51

(Objective and purpose)

(1) The resolution is a document adopted by the National Assembly at the proposal of the Government.

(2) The resolution is aimed at realistic, gradual and substantiated measures for elimination of corruption with the main objectives aimed at prevention: long-term and permanent elimination of the conditions for occurrence and development of corruption, setting up an appropriate legal and institutional environment for the prevention of corruption, strict holding to account for illegal acts, constructing a generally accepted system of zero tolerance for all corrupt practices through various forms of education and training and efficient use of internationally established standards in the field.

(3) The Commission shall monitor implementation of the resolution based on the action plan which is adopted by the Commission in cooperation with the entities in charge of the measures from the resolution within three months after adoption of the resolution or any amendments thereto.

(4) The Commission may give proposals for adoption and amendment of legislation and guidelines regarding the implementation of measures under the resolution and the plans for its implementation in order to meet the obligations specified in the preceding paragraph.

Article 52

(Activities)

(1) The Commission shall cooperate with organisations from the public and private sector, non-profitable organisations from the private sector engaged in corruption prevention and citizens in the implementation of the resolution and the plans for its implementation.

(2) The cooperation referred to in the preceding paragraph hereunder shall apply to any joint activities within the implementation of the resolution and its implementation plans, analysis of the situation in the field of corruption, conducting media campaigns and other activities essential for strengthening integrity and preventing corruption.

Article 53

(Action plan)

(1) The bodies responsible for the implementation of measures under the action plan for implementing the resolution from the public sector shall report to the Commission by the end of February each year on activities aimed at implementing such measures in the previous year.

(2) The Commission shall draft a report within three months after the receipt of the reports referred to in the preceding paragraph hereunder on the implementation of the resolution by indicating key achievements, problems, risk factors and performance assessment and shall integrate it in the annual report referred to in Article 19 of this Act.

(3) The Commission may as a result of failure to implement measures from the action plan for implementing the resolution propose to the competent body determining of responsibility of competent persons.

Article 54

(Amendments and supplements to the resolution)

(1) If the bodies responsible for the implementation of the measures under the resolution and its implementation plans propose amendments or supplements to the resolution in their reports, the Commission shall adopt an opinion and inform the National Assembly about the proposals of the bodies and its own proposals indicated in the report referred to in the second paragraph of the preceding Article herein.

(2) If the Commission establishes that immediate corrections of the resolution might be necessary or the implementation of other urgent measures needed for its implementation, the Commission shall call upon the competent bodies to start implementing them and shall immediately notify the National Assembly thereof.

(3) If the Commission disagrees with the proposals of the bodies referred to in the first paragraph hereunder, the Commission shall notify them thereof and explain its decision.

Article 55

(Amendments to the resolution)

The Commission shall check every three years whether the resolution needs to be amended or supplemented. The Commission shall integrate the findings and proposals into the first following regular report to the National Assembly.

VIII. LOBBYING

1. Lobbying

Article 56

(Lobbying and lobbyists)

(1) Lobbying activities may be performed solely by registered lobbyists.

(2) A lobbyist may be any adult person not employed in the public sector, not having withheld the capacity to contract and not being finally sentenced for an premeditated criminal offence prosecuted ex officio in the Republic of Slovenia to a prison sentence exceeding six months.

(3) Functionaries shall not lobby before two years lapse from cessation of their office.

2. Association of lobbyists

Article 57

(Association of lobbyists)

Lobbyists may establish an association of lobbyists which adopts a code of professional ethics.

3. Registration of lobbyists

Article 58

(Entry in the register)

(1) Lobbying activities may be performed by a domestic or foreign natural person entered in the register of lobbyists in the Republic of Slovenia kept by the Commission. Entry in the register is a condition to begin lobbying.

(2) Lobbying activities for legal persons may be performed only by natural persons entered in the register of lobbyists in the Republic of Slovenia.

(3) Lobbyists shall be entered in a register containing the following information: personal name of the lobbyist, tax number, address where notices and invitations under the second paragraph of Article 67 herein are to be received, name and registered office of the enterprise, sole proprietor or interest organisation if they employ the lobbyist and the area of registered interest.

(4) A fee shall be levied for entry into the register in accordance with the law governing administrative fees.

(5) Data in the register shall be public except for the tax number.

(6) Foreign lobbyists shall be entered in the register based on functionaryly translated evidence proving mutatis mutandis meeting of the conditions specified in the third paragraph hereunder.

(7) A lobbyist must declare any change of the data for entry in the register within eight days after the occurrence of changes.

Article 59

(Documents of entry)

A foreign natural person shall submit for entry in the register also an office copy from a public register for the lobbyist sole proprietor, enterprise or interest organisation if they employ the lobbyist.

Article 60

(Issuing the decision)

The Commission shall issue a decision on entry in the register or a decision on deletion from the register within 15 days from receiving an application for entry or from occurrence of the reasons for deletion.

Article 61

(Supplementing data for entry)

(1) If the Commission establishes that a candidate for lobbyist failed to submit all the necessary data and attachments for entry or renewal of entry in the register, the applicant shall be invited within five days to submit any missing data and attachments within the set deadline. This deadline shall not be less than five days and more than 15 days.

(2) If the candidate for lobbyist submits data as required by the specified deadline, the Commission shall issue a decision to the applicant on entry in the register within the next 15 days.

(3) If the candidate for lobbyist fails to submit the data within the deadline referred to in the first paragraph hereunder, the application for entry in the register shall be dismissed.

Article 62

(Deletion from the register)

A lobbyist shall be deleted from the register if:

- it is established that the data and evidence on the basis of which a lobbyist has been registered is false;

- a lobbyist has been convicted by a final judgement to more than six months imprisonment due to a premeditated offence prosecuted ex officio;

- it is found that a lobbyist no longer meets the conditions for entry in the register;

- a lobbyist gives a written statement declaring he/she no longer wishes to be a lobbyist and perform lobbying activities.

4. Reporting by lobbyists

Article 63

(Lobbyist’s report)

(1) A lobbyist shall report to the Commission in writing about his/her work, namely:

- by 31 January for the previous year;

- no later than within 30 days after the expiry of the validity of registration.

(2) A lobbyist shall keep the documents on which reporting to the Commission is based for five years from the date of submitting the report referred to in the previous paragraph hereunder.

Article 64

(Contents of the report)

The report referred to in the preceding Article shall contain:

- tax number of the lobbyist;

- data on interest organisations for which the lobbyist has provided lobbying services;

- data on the amount of payment received from those organisations for each matter in which (s)he lobbied and if the lobbying is a part of a service level agreement including other activities and the amount for lobbying cannot be reliably determined, the amount of the service level agreement shall be reported and the lobbyist shall state the percentage of payment for lobbying;

- statement of the purpose and objective of lobbying for an interest organisation;

- statements of government bodies and lobbied persons where lobbying was performed;

- an indication of lobbying types and techniques for a specific case in which a lobbyist has performed lobbying activity;

- statement of the type and value of donations to political parties and organisers or election and referendum campaigns.

Article 65

(Report verification and supplements)

The Commission shall verify whether the report contains all the prescribed data. If it establishes that the report is incomplete as regards the prescribed data, the Commission shall request the lobbyist to supplement the report within the prescribed deadline. This deadline shall not be less than 20 days and more than 30 days.

Article 66

(Checking accuracy of data and statements)

The Commission may verify the accuracy of data and statements in the report:

- by viewing the lobbyist’s documentation referred to in Article 64 herein;

- by inquiries with the interest organisations for which a lobbyist has provided lobbying services;

- by inquiries with state bodies and lobbied persons where the lobbyist has performed lobbying activity;

- by inquiries with political parties and organisers or election and referendum campaigns;

- by a request submitted to competent bodies to conduct performance audit of a lobbyist, enterprise, sole proprietor or interest organisation where a lobbyist is employed, or interest organisations for which the lobbyist has provided lobbying services.

4. Information

Article 67

(The lobbyist’s right to information)

(1) A written request for access to information of public character under the act governing access to information of public character made by a lobbyist need not meet the conditions under the first paragraph of Article 69 thereof.

(2) A lobbyist shall have with regard to the areas of registered interest the right to be invited to all public presentations and to all forms of public consultations of which the government bodies and the local authorities shall inform him/her.

Article 68

(Informing lobbied persons and record of the lobbying)

(1) Lobbyists may submit to lobbied persons any written and oral information and material concerning the cases within which they lobby for interest organisations.

(2) When performing lobbying activities lobbyists may meet the lobbied persons. The lobbied persons shall make a record on any contact with a lobbyist intending to lobby containing data on the lobbyist: personal name, information whether the lobbyist has identified himself/herself in accordance herewith, area of lobbying, name of the interest organisation or another organisation for which the lobbyist is lobbying, statement of any enclosures, the date and place of the visit of the lobbyist and signature of the lobbied person. The lobbied person shall submit the record within three days as information to the superior and to the Commission. The obligation to make records by the lobbied persons shall apply to contacts referred to in the third paragraph of Article 69 herein. The Commission shall keep the records for five years.

Article 69

(Lobbyist’s duty for identification)

(1) Lobbyists shall identify themselves to the lobbied persons and present the authorisation of the interest organisation for lobbying in a case. Lobbyists shall specify the purpose and objective of lobbying.

(2) Lobbied persons may agree to contact a lobbyist only after checking whether the lobbyist has been entered in the register of lobbyists.

(3) If a conflict of interest would appear at a lobbied person in contact with a lobbyist, the lobbied person shall refuse any contact.

5. Prohibitions

Article 70

(Prohibited acts of lobbyists)

(1) Lobbyists shall not lobby outside the scope set out in Item 14 of Article 4 herein.

(2) Lobbyists shall not submit to lobbied persons inaccurate, incomplete or misleading information.

(3) When lobbying, a lobbyist should not act against the regulations laying down a prohibition of receipt of gifts in connection with the holding of office or public duties by lobbied persons.

Article 71

(Reporting prohibited acts of lobbyists)

If a lobbyist acts contrary to the previous article herein or if (s)he is not entered in the register of lobbyists in accordance with Article 58 herein, a lobbied person shall report him/her to the Commission within ten days after the attempted lobbying.

Article 72

(The right to declare oneself on the report)

(1) In the event of a report referred to in the previous Article, the Commission shall notify the lobbyist or the reported person thereof and determine a deadline for making a statement. This deadline shall not be less than 15 days and more than 30 days.

(2) The lobbyist or the reported person may make a written statement referred to in the preceding paragraph hereunder or an oral statement regarding the report before the Commission.

(3) The Commission shall verify the accuracy of data indicated in the report and the statement of the lobbyist or the reported person in accordance with Article 66 of this Act.

Article 73

(Sanctions for incompliance herewith)

(1) A lobbyist who has failed to submit the report referred to in Article 63 herein or has failed to supplement the report in accordance with Article 65 herein or it has been established in accordance with Article 66 herein that he/she has stated false information in the report, the Commission may impose the following sanctions on such lobbyist:

- a written admonition;

- a ban on lobbying for a specific period of time which should not be less than three months and not more than 24 months,

- deletion from the register.

(2) The sanctions specified in the previous paragraph hereunder shall be entered in the register of lobbyists.

(3) The Commission may impose a sanction in dependence on the gravity of violation, the resulting consequences and on whether the violation was the first or recurring.

Article 74

(Sanctions for violations of identification and prohibited acts of lobbyists)

(1) The Commission may impose the following sanctions on a lobbyist who has acted in contravention of Articles 69 or 70 herein:

- a written admonition;

- a ban on lobbying in a specific case;

- a ban on lobbying for a specific period of time which should not be less than 3 months and not more than 24 months,

- deletion from the register.

(2) The Commission may impose a sanction in dependence on the gravity of violation, the resulting consequences and on whether the violation was the first or recurring. The sanctions specified in the previous paragraph hereunder shall be entered in the register of lobbyists.

IX. DATA USE AND RECORD KEEPING

Article 75

(Data use)

Data obtained in accordance herewith and data laid down for records herein shall be processed solely for implementing the measures and methods for strengthening integrity, ensuring transparency of operation of the public sector, prevention of corruption and conflict of interest, supervision over assets and receiving of gifts and for keeping the register of lobbyists.

Article 76

(Data records and storage period)

(1) The Commission shall keep the data, information and documentation obtained on the basis of this Act for the period of 10 years and after that, the documentation with data and information shall be archived.

(2) The Commission shall keep the following data records:

- records of functionaries, senior civil servants, managers, officials and persons responsible for public procurement in line with Article 4 herein (personal name, personal ID number, tax number, office or position and permanent residence address) for the purpose of determining persons under obligation, their identity and for checking data and decision-making in accordance herewith;

- records of cases involving international corruption in accordance with the sixth indent of Article 12 herein (personal name of the suspected, charged, indicted or convicted person, personal ID number, qualification of the criminal offence and type of completion of the case) for the purpose of determining the causes of international corruption, designing measures, reporting to international organisations, detecting cases of international corruption in line with the powers set out herein and for cooperation with other competent government bodies;

- records of cases related to protection of whistleblowers under the fourth, fifth and sixth paragraphs of Article 23 herein (personal name or pseudonym of the person reporting the case, decision on whether the report has been submitted in good faith and whether the person reporting and his/her family members have been protected in line with the act on witness protection) for the purpose of protection of whistleblowers, monitoring effectiveness of protection and assistance to the persons reporting;

- records of cases related to protection of officials from whom illegal or unethical acts have been requested under Article 24 herein (personal name of the person reporting to the Commission, personal name of the person requesting illegal or unethical act, statement of the body and the list of instructions on how to act issued by the Commission) for the purpose of protection of officials, monitoring effectiveness of protection and assistance to officials;

- records of the causal relationship referred to in the third paragraph of Article 25 herein and records of applications for transfer referred to in the fourth paragraph of Article 25 herein (personal name of the person reporting, personal name of the person requesting illegal or unethical conduct, statement of the body, and contents of the assessment and the application for transfer) for the purpose of determining the existence of retaliatory measures, action taken against retaliatory measures and monitoring efficiency of the Commission’s measures;

- records of the list of gifts referred to in the first paragraph of Article 31 herein (name of the body receiving the gift, personal name and office of the person receiving the gift and gift type) and records referred to in the third paragraph of Article 34 herein (name of the body receiving the gift, personal name and office or position of the person receiving the gift and gift type and value) for the purpose of determining and deciding on violations regarding prohibitions and restrictions of receiving gifts, and supervision of the Commission over keeping of the lists of gifts and their publication;

- records of entities under Article 35 herein (name of the entity, company ID number and registered office) for the purpose of supervision over restrictions of business, reporting data and publishing information on entities for which restrictions of business apply;

- records of officials with regard to whom the Commission under the second paragraph of Article 38 and the second paragraph of Article 39 herein establishes existence of a conflict of interest (personal name of the official, office or position, permanent residence address and contents of the Commission's decision) for the purpose of determining and deciding on the conflict of interest and for cooperation with the competent government bodies;

- records of persons under obligation referred to in the first paragraph of Article 41 herein containing data from the first paragraph of Article 41 and the first paragraph of Article 42 herein where data on the assets are kept

separately, for the purpose of establishing persons under obligation and their identity, checking of data and deciding in accordance herewith and for publication of data and exercising powers of the Commission and other government bodies in the prevention of corruption;

- records of cases related to a disproportionate increase in property referred to in Article 45 herein (personal name, office or position of persons under obligations referred to in the first paragraph of Article 41 herein, the list of notices under the second paragraph of Article 45 herein, the list of notices under the fourth paragraph of Article 45 herein, the list of received decisions under the fifth paragraph of Article 45 herein and the list of measures under the sixth paragraph of Article 45 herein) for the purpose of determining the assets of persons under obligations, for deciding on violations and for cooperation with the competent government bodies;

- records of cases referred to in the second indent of the second paragraph of Article 47 herein (personal name, work post and the body) for the purpose of efficient implementation of integrity plans and training of persons responsible for integrity plans;

- records of functionaries against whom the Commission proposed determining responsibility for not implementing measures contained in the resolution (third paragraph of Article 53 herein) containing data from the first indent thereof, for the purpose of implementing the resolution and proposing measures in the case of non-implementation;

- records – register of lobbyists containing data referred to in the third paragraph of Article 58 herein for the purpose of determining legality and determining, deciding and supervision concerning lobbying;

- records of sole proprietors, enterprises or interest organisations for which lobbyists lobby (name and tax number) referred to in Article 58 herein for the purpose of determining legality and determining, deciding and supervision concerning lobbying;

- records of sanctions imposed on lobbyists under Articles 73 and 74 herein (personal name of the lobbyist, tax number, type of violation and type of sanction) for the purpose of ensuring legality and transparency of lobbying, security of legal transactions, monitoring causes and violations and developing measures.

X. PENAL PROVISIONS

Article 77

(Misdemeanours by natural persons)

(1) A fine of € 400 to € 1,200 shall be imposed for a misdemeanour on an individual who:

- contrary to the fifth paragraph of Article 16 herein fails to attend a meeting of the Commission without an apology;

- contrary to the fourth paragraph of Article 23 herein determines the identity of the person reporting the case who submitted the report in good faith or reasonably concluded that the data related to the report were true or submits a malevolent report referred to in the fourth paragraph of Article 23 herein;

- contrary to Article 28 herein fails to stop holding an incompatible office, membership or activity;

- contrary to Article 30 herein receives a gift or other benefit in connection with the holding of an office;

- contrary to Article 31 herein receives a gift and fails to enter its value in the list of gifts with the body or organisation where he/she holds the office or fails to submit the gift for management to the body or organisation where he/she holds the office;

- contrary to the third paragraph of Article 35 herein fails to submit to the Commission data on entities with which he/she and his/her family members are connected in a manner referred to in the first paragraph of Article 35 herein;

- contrary to the first paragraph of Article 36 herein appears in the period of two years after the ceasing of the office in relation to the body where he/she held the office as a representative of the enterprise which has established or is about to establish business contacts with such body;

- contrary to the first paragraph of Article 38 herein fails to immediately notify the superior or the Commission on the conflict of interest or a possibility thereof;

- fails to enter in the declaration of assets referred to in Articles 42 and 43 herein or its supplements the necessary data or enters false data;

- as a non-professional mayor or deputy mayor fails to submit the necessary data to the Commission contrary to the first paragraph of Article 44 herein;

- makes no record of lobbying as a lobbied person in line with the second paragraph of Article 68 herein;

- as a lobbied person contrary to Article 69 herein fails to refuse contact with a lobbyist not entered in the register of lobbyists or a contact where conflict of interest may occur;

- lobbies contrary to Article 70 herein;

- as a lobbied person fails to report to the Commission within the deadline specified in Article 71 herein a lobbyist acting contrary to Article 70 herein or not entered in the register of lobbyists in accordance with Article 58 herein.

(2) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a public-sector body or organisation if contrary to the second paragraph of Article 14 herein (s)he fails to include in a contract concluded by a public-sector body or organisation the wording of the first paragraph of Article 14 herein or after a notice from the Commission or other bodies on the alleged actual situation referred to in the first paragraph of Article 14 herein fails to initiate the procedure for determining contract voidness or taking another appropriate action in line with the law of the Republic of Slovenia.

(3) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority, holder of a public authority and legal person of public and private law if, in contravention of the provision of the first paragraph of Article 16, such person fails to submit all data or documents required for the performance of the Commission’s tasks.

(4) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority, holder of a public authority and legal person of public and private law if committing an act referred to in the second indent of the first paragraph hereunder or contrary to the fourth paragraph of Article 23 herein initiating a procedure to determine responsibility of a person reporting the case because of the report.

(5) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority, holder of a public authority and legal person of public and private law if, in contravention of the provision of the first paragraph of Article 25 herein, such person causes adverse consequences or exposes to retaliatory measures the persons reporting the case.

(6) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority, holder of a public authority and legal person of public and private law if, contrary to a request of the Commission made in line with the third paragraph of Article 25 herein, (s)he does not immediately cease to carry out retaliatory measures.

(7) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority, holder of a public authority and legal person of public and private law if, contrary to the fourth and sixth paragraphs of Article 25 herein, (s)he does not transfer a civil servant without due cause.

(8) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority or holder of a public authority who receives a gift in contravention of the provision of the first or second paragraph of Article 34 herein.

(9) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority or holder of a public authority who does not submit a list of gifts to the Commission contrary to the first paragraph of Article 32 and the third paragraph of Article 34 herein.

(10) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a contracting entity operating in accordance with the public procurement regulations if such person operates in contradiction with the provisions of the first or second paragraph of Article 35 of this Act.

(11) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a body in which an functionary held his/her office if the body conducts business with an enterprise of the functionary contrary to the second paragraph of Article 36 herein.

(12) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a body in which an functionary held his/her office if contrary to the third paragraph of Article 36 herein the Commission is not informed on activities of the functionary violating the first paragraph of Article 36 herein.

(13) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a body or organisation referred to in the first paragraph of Article 47 herein who fails to develop and adopt an integrity plan contrary to Article 47 herein.

(14) A fine of € 400 to € 4,000 shall be imposed for a misdemeanour on the responsible person of a government body, local authority and holder of a public authority as a body responsible for the implementation of measures under the resolution who, Contrary to the first paragraph of Article 53 herein, fails to report to the Commission on actions aimed at implementing such measures.

Article 78

(Misdemeanours by legal persons)

A fine of € 400 to € 100,000 shall be imposed for a misdemeanour on a holder of a public authority or another legal person of public or private law except for the Republic of Slovenia and local communities if committing an act referred to in the second, third, fourth, fifth, sixth, seventh, eighth or fourteenth paragraph of Article 77 herein.

Article 79

(Misdemeanour by interest organisations)

(1) A fine of € 400 to € 100,000 shall be imposed for a misdemeanour on an interest organisation for which a lobbyist, not being registered as a lobbyist in accordance with Article 58 herein, provides lobbying services with the organisation’s knowledge.

(2) A fine of € 400 to € 100,000 shall be imposed for a misdemeanour on an interest organisation at the order of which a lobbyist provides lobbying services contrary to Article 70 herein.

Article 80

(Performing supervision)

(1) The Commission shall be competent for implementation and supervision of implementation hereof.

(2) The fines hereby prescribed may be imposed in fast-track procedure in an amount higher than the minimum amount but shall not exceed the maximum fine prescribed for misdemeanours herein.

XI TRANSITIONAL AND FINAL PROVISIONS

Article 81

(Powers of the Corruption Prevention Commission in the remaining term of office of the members)

(1) The chair, deputy chair and members of the Corruption Prevention Commission shall, in accordance with the Prevention of Corruption Act (Official Gazette of the RS, nos. 2/04, 20/06 – ZNOJF-1 and 33/07 – Decision of the Constitutional Court), continue with their work with tasks and powers granted to members of the Commission therein until the appointment and commencement of work of the chair and the two deputy chairs of the Commission appointed in accordance herewith.

(2) The chair, deputy chair and members of the Corruption Prevention Commission under the Prevention of Corruption Act shall adopt decisions by a majority vote of all members.

Article 82

(Prohibition of reappointment)

The chair, deputy chair and members of the Commission appointed under the Prevention of Corruption Act cannot be reappointed to an office in the Commission after expiry of their terms of office referred to in the first paragraph of the preceding Article herein.

Article 83

(Discontinued membership, activity or office and restrictions in business)

(1) Functionaries holding an office or performing an activity as at the date of enforcement hereof which is incompatible with performing of an office in accordance with Article 26 or 27 herein shall comply with the first paragraph of Article 28 herein within two months after entry into force hereof.

(2) Functionaries being members of bodies contrary to Article 27 herein as at the date of entry hereof shall comply with the second paragraph of Article 28 herein within two months after entry into force hereof.

(3) The third paragraph of Article 27 shall not apply to non-professional mayors and deputy mayors until expiry of their terms of office in entities referred to in the first paragraph of Article 27 herein.

(4) Contracts concluded by contracting entities before entry into force hereof shall remain in force notwithstanding the first paragraph of Article 35 herein until the contract term expires. If a public tender procedure is carried out as at the date of entry into force hereof and includes a bidder with whom the contracting entity should not conduct business in accordance with the first and second paragraph of Article 35 herein, such bidder shall withdraw their bid within five days after the entry into force hereof.

Article 84

(Completion of procedures)

(1) The procedures initiated under the Prevention of Corruption Act shall be completed in accordance therewith.

(2) The initiated procedures for appointment of the chair, deputy chair and new members of the Commission in accordance with the Prevention of Corruption Act shall be discontinued as of the date of entry into force hereof.

(3) The President of the Republic shall in the case specified in the previous paragraph hereunder initiate within seven days following the entry into force hereof the procedure for appointing functionaries of the Commission by calling on the proposers for members of the selection committee to appoint their members and carry out the public invitation in accordance with Article 9 herein. At the same time, the President of the Republic shall call upon the proposers of possible candidates who submitted their proposals in line with an invitation based on the Prevention of Corruption Act referred to in the previous paragraph hereunder to state whether their proposal can be deemed a candidacy in accordance with Article 9 herein accounting for the conditions set out in this Act. The procedure shall continue in accordance with the provisions set out herein governing the procedure for appointment of functionaries of the Commission.

Article 85

(Setting up records)

The Commission shall set up and align the data records in accordance herewith within six months following the entry into force hereof.

Article 86

(Deadlines for acts)

(1) The persons under obligation in accordance with Article 41 herein who have not yet declared their property shall declare their property for the first time within 75 days following the entry into force hereof.

(2) The persons under obligation in accordance with the second paragraph of Article 56 herein shall submit to the Commission their reports referred to in Article 63 herein within one year following the entry into force hereof.

(3) The employers of the persons under obligation in accordance with Article 41 herein shall submit to the Commission the lists of such persons for the first time within 30 days following the entry into force hereof.

(4) The integrity plans referred to in the first paragraph of Article 47 herein shall be adopted within one year following the entry into force hereof.

Article 87

(Guidelines for integrity plans)

The Commission shall within three months following the entry into force hereof draft and publish on its website the guidelines for developing integrity plans, for examination of operation of integrity plans and for integrity assessments.

Article 88

(Secondary legislation)

(1) The secondary legislation adopted on the basis of the Prevention of Corruption Act shall apply if not contrary to this Act, as follows:

- Rules of Procedure of the Corruption Prevention Commission (Official Gazette of the Republic of Slovenia, no. 105/04) until adoption of the rules of procedure of the Commission referred to in Article 11 herein;

- Rules on the disposal of gifts received by functionaries (Official Gazette of the Republic of Slovenia, no. 17/05) until determining the manner of disposing with gifts by the Commission referred to in the sixth paragraph of Article 31 herein.

(2) The rules of procedure referred to in Article 11 herein shall be adopted by the Commission within 60 days following the entry into force hereof.

(3) The rules on the disposal of gifts referred to in the sixth paragraph of Article 31 herein shall be adopted by the Commission within 30 days following the entry into force hereof.

Article 89

(Expiration of regulations)

(1) The Incompatibility of Holding Public Office with Profitable Activity Act (Official Gazette of the Republic of Slovenia, nos. 20/06 and 33/07 – Decision of the Constitutional Court) shall cease to apply as of the date of entry into force hereof.

(2) The fourth indent of the second paragraph of Article 52 of the Minor Offences Act (Official Gazette of the Republic of Slovenia, nos. 3/07 – functionary consolidated text, 17/08, 21/08 – corr., 76/08 – ZIKS-1C, 108/09 and 109/09 – Decision of the Constitutional Court) in the part related to misdemeanours related to incompatibility of holding public office with profitable activity shall cease to apply as of the date of entry into force hereof.

Article 90

(Entry into force)

(1) This Act shall enter into force on the day following its publication in the Official Gazette of the Republic of Slovenia.

(2) Section VIII herein shall apply six months following its publication in the Official Gazette of the Republic of Slovenia.

No. 214-02/10-59/243

Ljubljana, 26 May 2010

EPA 926-V

National Assembly of the Republic of Slovenia

Dr. Pavel Gantar President