Lei da Proibidade Publica UT JUN2012

Unofficial Translation Angola Law of Administrative Probity Published: March 29th, 2010 Article 18. (Offer receiving).

1. Public officer should not, in the fulfillment of its duties, benefit directly or by a third person from offers by individual or collective entities, of Angolan or foreign compensations.

2. It is included in the above mentioned prohibition all the goods, property and services that due to its own nature, somehow, affect or could affect the integrity or impartiality of the civil servant in the fulfilments of his/her duties, in particular: a) b) c) d) e) f) g)

money, national or foreign currencies, notwithstanding its value; property or any reparation work, maintenance or improvement to this; automobiles, boats or other means of transportation; goods, electric appliances and home appliances; regular or intermittent food supplies; paid vacations; gifts that due to its nature or money value could compromise his/her duties with the required honesty and could compromise the Estate’s good image.

3. It is allowed to the public servant the offer receiving in the following situations: a) goods that due to its nature could be immediately integrated to the State’s patrimony and other public legal persons, or through the officer, to the collective benefit; b) offers that due to its protocol nature do not damage the good image of the State or other legal public persons; c) presents on occasion of holidays, anniversaries, weddings, family day and new year’s eve, which its value and nature are according to the specific occasion.

4. In any occasion the referred presents or offers in the previous number include the offer provided in no. 2 of the present article.

Article 25. (Acts that lead to illicit enrichment).

1. It constitutes an act of public improbity leading to illicit enrichment obtaining any kind of undue patrimonial advantage, in virtue of the position, mandate, function, activity or employment as public officer.

As for previous number it is consider public improbity, namely, the following acts:

a) Received, for him/herself or other person, money, good or properties, or any other economic advantage, direct or indirectly, as commission, percentage, gratification or present from who has direct or indirect interest that can be achieved or sustained by the action or omission by its due attribution as public servant. b) Obtain economic advantage, direct or indirectly, by facilitating the acquisition, exchange or lease of goods or property, by the service hiring by a public entity on a higher price than the market value. c) Obtain economic advantage, direct or indirectly, by facilitating the acquisition, exchange or lease of public goods or service providing by a public entity on a lower price than the market value. d) Use at work or as particular services, the vehicles, machines, equipment or material of any nature, property at disposition of the public entity as well as the work of the public servants, employees or third individual hired by the public entity. e) Obtain economic advantage of any nature, direct or indirectly, to tolerate the exploitation or practice of gambling, pimping, drug trafficking, counterfeit, usury or any other illicit activity or grant the promise of that advantage. f) Obtain economic advantage of any nature, direct or indirectly, to make false declaration of measurement or evaluation of public works or any other service about quantity, weight, measurement, quality or any other market characteristic or goods supplies to any public entity: g) Acquire to his/herself, in the exercise of his/her mandate, position, employment of public function goods of any nature whose value is disproportional to the evolution or income of a public servant. h) Accept the employment or exercise consulting activities for individual or legal person liable to be attained or sustained by action or omission arising from the public tasks of the agent, during the activity; i) Obtain economic advantage of any nature, direct or indirectly, for omitting an office act or provide a declaration for which is obliged; j) Illicitly Integrate in his/her patrimony goods, income, funds or values belonging to the patrimony of public entities; k) Use, in his/her own benefit goods, income, funds or values belonging to the patrimony of public entities; l) Obtain economic advantage to intermediate the disposition or application of public funds of any nature.