Do I have to file an official's asset declaration?: what to do under Georgian law

What to do

1. Status: only persons on the closed list in Art. 2 must declare (an ordinary employee outside that list does not) (Law of Georgia on Fighting Corruption, Art. 2). Check the position: head of a department of a ministry, his or her deputy, head of a secondary structural unit (Law of Georgia on Fighting Corruption, Art. 2); head of a legal entity of public law (LEPL) and his or her deputy — except LEPLs in culture, education, science, sport and religion (Art. 2); mayor, the mayor's deputies, head of a primary structural unit of the mayor's office (Art. 2); head of an enterprise with 100% state ownership and of its subsidiaries (the list is set by Government resolution) (Art. 2). In case of doubt: the register of declaration positions is kept by the State Audit Office and approved by the Government (Art. 18).
2. Deadlines: file with the State Audit Office (სახელმწიფო აუდიტის სამსახური) within 2 months of appointment (Law of Georgia on Fighting Corruption, Art. 14); thereafter annually, in the month in which the previous declaration was filed (Art. 14); a person temporarily performing duties for not more than 2 months is exempt (Art. 14).
3. After leaving office: within 2 months after dismissal (if no declaration was filed that year), and again one year later, unless appointed to another such position (Art. 14); if this period extends into a new year — no later than 31 December of the year of dismissal (Art. 14).
4. Content: a family member means a spouse, minor children and stepchildren, and persons permanently living with the declarant (Art. 4); the declaration covers real estate, accounts, shares and income of the declarant and family members (Art. 15); movable property worth more than GEL 10,000 per item, and cash above GEL 10,000 (Art. 15); gifts above GEL 500 (Art. 15).
5. Risks: for a deficiency, the State Audit Office notifies within 1 month and gives 1 month to correct it (Art. 14); otherwise a late filing or an uncorrected deficiency is subject to a fine of GEL 1,000 (Art. 20).
6. Where to apply: State Audit Office; the electronic declaration system; the HR service of your institution.
7. Evidence: the appointment or dismissal order (its date marks the start of the period), registry and bank extracts for yourself and your family.
8. Pitfalls: declarations are filed with the State Audit Office, not the Anti-Corruption Bureau; a spouse's flat must be declared even if it is registered only in his or her name; adult children living separately are not family members; the obligation continues after leaving the position.

Be sure to check

• whether the position is on the closed list (heads of ministry units, LEPLs, mayor's office, state enterprises) and how to check it in the register
• filing deadline — 2 months from appointment, then annually, and after leaving the position
• who counts as a family member and what must be declared: property, accounts, cash, gifts, income
• filed electronically with the State Audit Office; fine for late filing or an uncorrected deficiency