(2022-11-14-ний өдрийн орчуулгын хяналт)                                Unofficial translation

LAW OF MONGOLIA

July 6, 2006               Ulaanbaatar city

ON ANTI-CORRUPTION

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this Law is to define the legal basis for anti-corruption activities and the anti-corruption body, and to regulate relations connected to them.

Article 2.Legislation

2.1.Legislation on Anti-corruption consists of the Constitution of Mongolia, this Law and other legislative acts adopted in compliance with them.

2.2.Should an international treaty to which Mongolia is a party provide for other than the legislation on anti-corruption, the provisions of the international treaty shall prevail.

Article 21.National Anti-Corruption Program

21.1.The State Great Khural shall approve the national anti-corruption program and set the term of its action plan as specified in the national anti-corruption program.

/This paragraph was added by the law as of January 24, 2014/

Article 3.Definitions of the terms of the Law

3.1.The following terms used in this Law shall be understood as follows:

3.1.1."Corruption" means abuse by a person, specified in Article 4.1 of this Law, of his/her official power in private interests, affording preferences to others, and any violation of law, expressed in action or failure to act, that enables an individual or a legal person to benefit from such preferences;

3.1.2."Benefit" means material or non-material benefits, gained personally or by others, for preferences accorded to others by abusing the official power by a person, specified in Article 4.1 of this Law;

3.1.3."Abuse of official power" means taking undue action or not taking due action to use the delegated official power against official interests or in own personal interests;

3.1.4."Preference" means any material or non-material benefit that accrues to an individual or a legal person, who caused the abuse of official power by a person, specified in Article 4.1. of this Law;

3.1.5."Public awareness and education activities" mean a set of activities aimed at making the public aware of the social gravity and the threat posed by corruption, instilling intolerance of corruption, and mobilizing public participation in combating corruption;

3.1.6."Corruption preventive actions" mean a set of activities aimed at detecting and identifying the root causes of corruption, and eliminating and bringing them to an end;

3.1.7."Inquiry and investigation" means a criminal proceeding being carried out by the anti-corruption agency with regard to criminal cases within its jurisdiction under the law;

/This sub-paragraph was amended by the law as of  May 18, 2017/

3.1.8."Intelligence activities" means actions provided for in Article 2 of the Law on Intelligence Activities;

3.1.9."Electoral candidate" means a candidate running in the election for the President, the State Great Khural, or for all levels of the Citizens' Representatives Khurals.

Article 4.Persons subject to this Law

4.1.This Law shall be applicable to the following persons:

4.1.1.managing or executive officials holding political, administrative or special office of the state;

4.1.2.managing officials, chief accountants and senior accountants at public service office;

4.1.3.managing officials or competent corporate officers at state or locally-owned

legal persons, or legal persons with state or local equity;

4.1.4.a chairperson, members and a general director of the National Council of the public radios and televisions;

4.1.5.managing officials of non-governmental organizations performing particular

state functions in accordance with the legislation by the funding allocated from national or local budget;

4.1.6.electoral candidates running for the President of Mongolia, State Great Khural or for all levels of Citizens Representatives Khurals;

4.1.7.a chairman and representatives of all levels of Citizens Representatives Khurals;

4.1.8.the officials stated in a list approved by the competent organization;

4.1.9.competent officials and Supervisory Board members of the Future Heritage Fund Corporation set forth in Article 4.1.7 of Law on Future Heritage Fund.

/This article was modified by the law as of January 24, 2014/

/This sub-paragraph was added by the law as of February 5, 2016/

CHAPTER TWO

ANTI-CORRUPTION PUBLIC AWARENESS AND EDUCATION AND CORRUPTION PREVENTION WORK

Article 5.Public awareness and education activities

5.1.Business entities, organizations and citizens shall assume the following common obligations in respect to implementing the measures stated in the Article 3.1.5 of this Law:

5.1.1.to ensure opportunities and conditions for government and non-governmental organizations, and the general public, to comment on draft laws and other decisions that are to be debated at the State Great Khural;

5.1.2.to inform citizens on anti-corruption legislation, and ensure free access to this information by citizens and organizations;

5.1.3.to involve analytic research and training institutions, and non-governmental organizations in conducting corruption-related analytic research work, and the production of books, training and promotional materials, training programs and manuals;

5.1.4.training and educational institutions that have a curriculum comprising frameworks for legal and ethical subjects shall teach and educate their students about the social harm and dangers of corruption, and actions needed to prevent it, and instill in them in-tolerance for corruption;

5.1.5.informal educational institutions and non-academic training and educational business entities, organizations and citizens shall, consistent with their activities, explain to their students or employees the social harm and threats of corruption, and assist them in acquiring of proper knowledge and awareness of corruption and its prevention;

5.1.6.media organizations shall regularly disseminate news and information, pursuing publication and editorial policies to promote an atmosphere of in-tolerance of any form of corruption among the general public.

Article 6.Corruption prevention activities

6.1.To carry out the activities specified in Article 3.1.6 of this Law, the state bodies shall assume the following common duties:

6.1.1.common duties stipulated in Articles 25-29 of the Law on Prevention of Crimes and Offenses;

/This sub-paragraph was modified by the law as of June 06, 2019/

6.1.2.to disclose the publicly interested information prior to developing policy in certain fields and making a decision, to introduce its own policy and position to interested social groups, and to provide with opportunity to propose and comment on suggestion and implementation of specific methods of oversight and monitoring;

6.1.3.to ensure greater transparency and openness of the state monitoring process;

6.1.4.to inform, in a timely manner, the public on budget revenues and expenditures, foreign loans and aid and their allocation;

6.1.5.unless otherwise provided for by the legislation, procedures of specific government institutions for issuing licenses and permits, registration, monitoring and competitive selection processes consistent with their functions, shall be open to the general public and provide citizens with opportunities for review and comment;

6.1.6.to establish clear job descriptions for all government officials and civil servants, and determine the actions prohibited due to specifics of his/her work, consistent with the Law on Civil Service and this Law, and enforce them;

6.1.7.to enhance the participation of non-governmental organizations in the process of monitoring whether state institutions conduct their activities openly in the interest of citizens, and cooperate with them, exchange information, and regularly inform the public;

6.1.8.to conduct training and education and awareness on combating corruption, and establish a responsible unit to obtain accurate and true assets and income declarations in a timely manner as specified by law, and register, oversee and assess such declarations;

6.1.9.to seek comment from the Anti-Corruption Agency before adopting by a state institution of a code of ethics for officials of its particular sector;

6.1.10.decisions made by state institutions should be comprehensible, open and accessible to citizens and other stakeholders;

6.1.11.to reduce red tape in receiving and resolving citizens' complaints and requests and implement the suggestions provided in this regard;

/This sub-paragraph was amended by the law as of January 24, 2014/

6.1.12.to take measures within its own powers to detect and eliminate the causes of corruption, and prevent corruption action and remove its negative consequences;

6.1.13.to support non-governmental organizations and citizens' voluntary movements aimed at corruption prevention.

/This sub-paragraph was amended by the law as of January 24, 2014/

6.1.14.to fulfil the national anti-corruption program as stipulated in Article 21 of this Law and report its performance to respective organisations.

/This sub-paragraph was added by the law as of January 24, 2014/

6.2.Officials of all levels of the government shall report to the Anti-Corruption Agency acts of corruption, identified in the performance of their official duties, if investigation and resolution of such acts is beyond their powers.

6.3.Business entities or organizations, other than those which provide services, are prohibited from occupying office space in buildings that house courts, police, prosecutors, and the Anti-Corruption Agency, and if not specified otherwise in the law, state central administrative bodies and government agencies.

6.4.Any political campaigning or religious activities are prohibited in buildings specified in Article 6.3 of this Law.

6.5.Business entities, organizations and citizens, in addition to exercising the rights and assuming common duties specified in Articles 30 and 31 of the Law on Prevention of Crimes and Offenses, shall assume the following obligations:

6.5.1.to adopt a code of ethics for members of non-governmental organizations, and openly report their operational and financial reports;

6.5.2.to define and comply with the norms of business ethics in the private sector.

/This paragraph was modified by the law as of June 06, 2019/

6.6.Organizations, business entities and officials that receive lawful decisions and demands of the Anti-Corruption Agency, are obligated to take the relevant actions, and report in a timely manner.

/This paragraph was amended by the law as of January 24, 2014/

6.7.State institutions and officials are obligated to revise, change or invalidate orders, decisions, procedures and rules that cause the occurrences of the corruption or conflicts of interest pursuant to the decision of the Anti-Corruption Agency.

6.8.Any official who fails to perform his/her duties with respect to the prevention and combating of corruption shall be subject to a disciplinary penalty by an authorized official.

6.9.Any official who violates provisions specified in Article 6.8 of this Law shall be penalized by a fine of MNT of 1-5 times of monthly minimum remuneration, by judge. /This sub-paragraph was amended by the law as of January 19, 2012/

Article 7.Prohibitions

7.1.The persons specified in Article 4.1 of this Law shall be prohibited from the following breaches of corruption, in addition to those specified in the other legislation:

7.1.1.to exert pressure on or intervene in or influence a public servant discharging his/her official duties properly;

7.1.2.to give, or promise or mediate to give, benefits to others;

7.1.3.while executing the official duties, to give or promise to give preferential treatment to any individual or legal entity, restricting other's rights;

7.1.4.to misuse the funds of budget, donation or aid;

7.1.5.to solicit benefits from others in relation to the execution or non-execution of their official duties;

7.1.6.to abuse or use in excess of their official power or the official positions;

7.1.7.to use their official position to acquire personal gains or enjoy preferential rights;

7.1.8.to unjustly enrich himself/herself.

Commentary: If an official fails to explain the justification of the assets or income acquired in an amount over his/her 6-month salary, he/she shall be deemed to have unjustly enriched himself or herself.

/This Article was modified by the law as of January 19, 2012/

Article 8.Reporting on corruption

8.1.The persons set forth in Article 4.1 of this Law shall have an obligation to notify the Anti-Corruption Agency immediately of any information about corruption, which they become aware of while executing their official duties.      

8.2.The restrictions stipulated under the Law on State and official secrets, Law on Corporate secrets or Law on Personal Data Protection shall not apply to the reporting obligations set forth in Article 8.1 of this Law.

/This Article was modified by the law as of January 19, 2012/

/This paragraph was amended by the law as of December 17, 2021/

Article 9.Submitting application, complaint or information

9.1.A citizen or legal person may submit corruption-related requests, complaints or information to the Anti-Corruption Agency.

9.2.The Anti-Corruption Agency shall address and consider such requests, complaints or information pursuant to the respective laws.

CHAPTER THREE

SUBMISSION OF ASSETS AND INCOME DECLARATIONS

Article 10.Submission of assets and income declarations

10.1.The persons set forth in Article 4.1 of this Law (hereinafter referred to as the "declarer") shall submit their assets and income declarations. If deemed necessary, the Legal Affairs Standing Committee of the State Great Khural shall approve a list of the positions subject to the submission of assets and income declarations, on the basis of the recommendation of the Anti-Corruption Agency.

10.2.The declarer shall have an obligation to file his/her and his/her family assets, incomes and loans declarations truthfully.

/This paragraph was modified by the law as of January 24, 2014/

10.3.The declarer shall submit the assets and income declarations to the organization or officials specified in Article 11 of this Law, within 30 days of the election or appointment to the office, and within February 15 each year thereafter for the duration of his/her public service.

10.4.If, after submission of the assets and income declarations in due time specified in Article 10.3 of this Law, the assets and income have undergone the substantial changes equal to or in excess of the 6-month salary, the declarer shall notify the appropriate body within 30 days for registration. 

/This paragraph was modified by the law of January 24, 2014/

10.5.If submission of the assets and income declarations later than the due time specified in Articles 10.3 and 10.4 of this Law lacks reasonable grounds, it shall be deemed as not submitted.

10.6.The candidate for the President of Mongolia and candidate for the member of State Great Khural shall submit their assets and income declarations to the Anti-Corruption Agency; the assets and income declarations of the candidates in the election for the Citizens' Representatives Khurals of all levels to electoral committee of the respective aimag, soum, capital city, or district in due times specified in the Law on Election.

/This paragraph was amended by the law of  December 20, 2019/

/This paragraph was amended by the law of April 22, 2022/

10.7.The Legal Affairs Standing Committee of the State Great Khural shall set the format of the assets and income declarations and approve the procedures for registration and maintenance thereof.

/This paragraph was modified by the law of January 19, 2012/

Article 11.Registration and maintenance of asset and income declarations

11.1.The following organizations and officials shall register and maintain the assets and income declarations in due time set forth in the law:

11.1.1.The Anti-Corruption Agency shall receive the assets and income declarations of the President, the State Great Khural members, the Prime Minister, cabinet members and the officials appointed by the State Great Khural, the President and the Prime Minister;

11.1.2.The Legal Affairs Standing Committee of the State Great Khural shall receive the assets and income declarations of the managing and executive officials of the Anti-Corruption Agency;

11.1.3.The General Council of Courts shall receive the assets and income declarations of judges of the Constitutional Court and of all instances courts;

11.1.4.Respective Citizens' Representatives Khural's Secretariat Office shall receive the assets and income declarations of Representatives of the Citizens' Representatives Khural of aimag, soum, capital city and district;

/This paragraph was amended by the law of April 22, 2022/   

11.1.5.Assets and income declarations of other officials shall be received by officials with the authority to appoint or supervise them.

11.2.The Anti-Corruption Agency shall register and maintain the assets and income declarations of the candidate for the President of Mongolia and candidate for the member of State Great Khural.

/This paragraph was modified by the law as of December 20, 2019/

11.3.The organizations and officials, authorized to register the assets and income declarations, specified in Articles 11.1.4 and 11.1.5 of this Law, shall report on the implementation of the procedure for the submission of assets and income declarations to the Anti-Corruption Agency within 14 days after collecting the assets and income declarations within the period specified in Article 10.3 of the Law, along with the list of persons who submitted their assets and income declarations.

11.4.After the overall election results of the Aimag, soum, capital city, and district Citizens Representatives Khurals are issued, the assets and income declarations of election winners shall be submitted to the Anti-Corruption Agency for maintenance within 14 days of the voting.

/This paragraph was amended by the law as of December 20, 2019/

/This paragraph was amended by the law as of April 22, 2022/

11.5.The Anti-Corruption Agency shall report to the Legal Affairs Standing Committee of the State Great Khural on the compliance with the legislation in respect of assets and income declarations within April 15 every year.

/This paragraph was amended by the law as of January 19, 2012/

/This paragraph was amended by the law as of December 20, 2019/

Article 12.Correspondence confidentiality

12.1.Letters, requests or queries regarding how to complete the assets and income declarations form are to be sent to the Anti-Corruption Agency by persons specified in Article 4.1. of this Law and responses to them and recommendations are deemed to be a personal information of the individuals, and matters related to them shall be regulated by the Law on Personal Data Protection.

/This paragraph was amended by the law as of December 17, 2021/

12.2.An official responsible for the registration of assets and income declarations is prohibited from disclosing information about the declarer, or any other information stipulated in Article 12.1 of this Law, or to use it for any purpose without the permission of the declarer, except in cases otherwise permitted by law, while the declarer is serving or after ceasing to work in the same position.

12.3.The official who violates Article 12.2 of this Law shall be held accountable under the Law on Personal Data Protection.

/This paragraph was amended by the law as of December 17, 2021/

12.4.In the event that the declarer's power expires due to retirement, or leaving his/her position, or dismissal or relief of duties, his/her assets and income declarations after storing them at the Corruption combating agency for 5 years, shall be transferred to him/her, or if passed away - to his/her spouse or children.        

Article 13.Review and inspection of assets and income declarations, and the basis for liability

13.1.The Anti-Corruption Agency shall monitor, and analyze, the preparation and submission of the assets and income declarations of the officials except for those specified in Article 11.1.2 of this Law.

13.2.The Anti-Corruption Agency based on the proposals and conclusions of the Standing Committee on Ethics and Disciplinary Responsibility of the State Great Khural shall review the assets and income declarations of the State Great Khural members while the Legal Affairs Standing Committee of the State Great Khural shall review the assets and income declarations of those set forth in Article 11.1.2 of this Law, respectively, based on the applications or complaints received. If they find any violation to be subject to criminal charge, they shall transfer the declarations to the relevant body.

/This paragraph was amended by the law as of December 16, 2022/

13.3.The official in charge of the registration of assets and income declarations shall monitor whether the declarations have been prepared correctly and completely, and have been submitted in due time, and exercise the right to demand the declarers to submit declarations in accordance with the relevant procedures. If there are grounds to believe that the law has been violated, the official in charge shall inspect the assets and income declarations within the powers, or transfer the declarations to the Anti-Corruption Agency for inspection.

13.4.If the State Great Khural member is a cabinet member at the same time, his/her assets and income declarations shall be reviewed by the Anti-Corruption Agency.

/This paragraph was modified by the law as of May 18, 2012/

13.5.The Anti-Corruption Agency may conduct an inspection following an application, complaint or reporting or in the framework of a planned monitoring.

13.6.The persons set forth in Article 4.1 of this Law fail to submit the assets and income declarations in due time, or fail to specify the sources of their assets and income, or fail to provide explanations how they acquired the assets and income, the Anti-Corruption Agency shall review the declarer's assets and income declarations.

13.7.Declarers shall provide true and actual explanations as to the assets and income sources.

13.8.Declarers shall be subject to the following liabilities if they found to have submitted their asset and income declaration later than the due time; or falsely declared or failed to have it registered:

13.8.1.the declarers who falsely declared, or failed to submit in due time their declarations for their assets or income equivalent to a monthly salary, shall be subject to a warning, if the submission later than the due time set forth in Articles 10.4 and 10.5 of this Law, has reasonable grounds;

/This sub-paragraph was amended by the law as of January 24, 2014/

13.8.2.declarers, who falsely declared, or failed to declare their assets or income equivalent to up to 6-month salary, and submitted the declarations later than the due time repeatedly, shall be subject to 30% salary cut for a period of up to 3 months;

/This sub-paragraph was amended by the law as of January 24, 2014/

13.8.3.declarers, who falsely declared or failed to declare their assets or income equivalent to six-to-twelve months salary, shall be subject to demotion or 30% salary cut for a period of up to 3 months;

/This sub-paragraph was amended by the law as of January 24, 2014/

13.8.4.declarers, who falsely declared, or failed to declare, or failed or refused to submit a declaration of assets or income equivalent to or in excess of annual salary, shall be subject to dismissal or resignation;

13.9.Declarers, who fail to perform their obligations to register and monitor the assets and income declarations, or fail to deliver the relevant documents in due time set forth in Article 10.3 of this Law, shall be subject to 30-percent salary cut for up to 3 months by a competent organization or official, or demotion of position if the foregoing violation is committed repeatedly.

/This paragraph was modified by the law as of January 19, 2012/

Article 14.Public disclosure of assets and income declarations

14.1.Asset and income declarations of the following officials shall be posted on digital information networks within the second quarter of each year:

/This paragraph was amended by the law as of May 29, 2015/

14.1.1.the President of Mongolia;

14.1.2.the State Great Khural Chairman, Deputy Chairman and members;

14.1.3.the Prime Minister, Cabinet members, ministers of Mongolia and deputy ministers;

/This sub-paragraph was amended by the laws as of October 30, 2015 and July 21, 2016/

14.1.4.the Chairperson, Deputy Chairperson and members of the Constitutional Court;

14.1.5.the Chief Justice of the Supreme Court, judges of the Supreme Court, the Executive Secretary of the General Council of the Court;

14.1.6.the Prosecutor General and the Deputy Prosecutor General;

14.1.7.the President, 1st Vice President and Vice President of Mongol Bank;

14.1.8.the Secretary of the National Security Council;

14.1.9.the Head of the Cabinet Secretariat of the Government;

14.1.10.the Head of the President's Chancellery;

14.1.11.the General Secretary of the State Great Khural Secretariat;

14.1.12.the Chairperson and the Deputy Chairperson of the Anti-Corruption Agency;

14.1.13.the Chairperson and members of the Financial Regulatory Commission, and the Chairperson and members of the Supervisory Council;

14.1.14.the Chairperson and Deputy Chairperson of the National Statistical Bureau;

14.1.15.the Chairperson and members of the National Human Rights Commission;

14.1.16.the Chairperson and Secretary of the General Election Committee;

14.1.17.the Chairperson and members of the Civil Service Council;

14.1.18.the Auditor General and Deputy Auditor General;

14.1.19.the Directors of Government agencies;

14.1.20.the Chairperson of aimag and the capital city Citizens' Representatives' Khurals;

/This sub-paragraph was amended by the law as of April 22, 2022/

14.1.21.the Aimag Governors and the Capital City Mayor;

14.1.22.candidate for the President of Mongolia and candidate for the member of State Great Khural.

/This sub-paragraph was added by the law as of December 20, 2019/

14.2.Assets and income declarations of persons, other than those specified in Article 14.1 of this Law shall be open to the public.

14.3.Assets and income declarations filed for the prior five years by declarer shall be posted on the Anti-Corruption Agency's Website to ensure citizens' access to this information.

14.4.Citizens may request information in writing, orally, or from digital information networks, and the Anti-Corruption Agency shall approve the information disclosure procedures to them.

14.5.The Anti-Corruption Agency shall inform the public per annum on performance of the procedures on submission of the assets and income declarations by officials.

CHAPTER FOUR

ANTI-CORRUPTION AGENCY AND ITS POWERS

Article 15.Anti-Corruption Agency

15.1.The Anti-Corruption Agency is a impartial, independent and state special body charged with functions to raise anti-corruption public awareness and education, and corruption prevention activities, and to carry out intelligence activities, inquiries and investigations in detecting corruption crimes, and to review and inspect the assets and income declarations of those required by this Law.

15.2.A structure charged with the duty to conduct anti-corruption surveys and analysis may be formed under the supervision of the Agency specified in Article 15.1 of this Law.

15.3.The State Great Khural shall decide on the establishment, form, and dissolution of the Anti-Corruption Agency based on recommendations of the National Security Council. 15.4.The Anti-Corruption Agency shall have its logo. The design and procedures for the use of the logo shall be approved by the Head of the Anti-Corruption Agency.

15.5.The Anti-Corruption Agency shall use a stamp, seal and an official letterhead developed in accordance with set procedures.

Article 16.Basic principles of operation of the Anti-Corruption Agency

16.1.The Anti-Corruption Agency, with centralized management, will operate independently abiding by the principles and in respect of the rule of law, being impartial and transparent, and keeping the secrets.

16.2.It is prohibited for any legal person, official or individual, to influence or interfere in the operation of the Anti-Corruption Agency.

Article 17.Structure of the Anti-Corruption Agency

17.1.The State Great Khural shall approve the organizational structure and staff of the Anti-Corruption Agency, which will be composed of basic structural units including units for prevention, survey and analysis, monitoring, inspection, investigation, intelligence activities, and administration.

Article 18.Functions and power of the Anti-Corruption Agency

18.1.The Anti-Corruption Agency assumes the following functions to educate and raise public awareness and education and prevent corruption:

18.1.1.to organize nation-wide the anti-corruption public awareness and education and corruption prevention, coordinate anti-corruption activities, develop a consolidated program, provide methodological guidance and monitor the implementation;

18.1.2.to provide directives and guidance to aimag, soum, capital city, district and ad-hoc crime prevention councils regarding anti-corruption public awareness and education and corruption prevention, and the coordination of activities;

/This sub-paragraph was amended by the law as of April 22, 2022/

18.1.3.to conduct, at least once every two years, a survey on the scope, forms and causes of corruption, establish a corruption index, and inform the public;

18.1.4.to undertake organizational measures to support and assist anti-corruption actions, initiatives and recommendations of NGOs, communities and individuals, and promote their participation;

18.1.5.to implement public anti-corruption campaigns explaining the gravity and threat posed by corruption on the society, conduct training and prepare materials to enhance public awareness of this problem, and teach methods to combat corruption;

18.1.6.to give recommendations on anti-corruption public education and awareness, and corruption prevention, and upon request, instruct and train individuals and legal entities on how to reduce corruption risks in their activities;

18.1.7.to conduct fairness and integrity rating of state bodies based upon a survey conducted once every two years among individuals and legal entities receiving state services, and inform the public.

18.2.The Anti-Corruption Agency shall assume the following functions to investigate assets and income declarations:

18.2.1.to conduct training, issue manuals and instructions regarding the correct and accurate declaration of assets and income;

18.2.2.Upon written or oral request, to provide guidance on how to complete, amend, register or transfer the declarations, and respond in writing in a manner that protects the confidentiality of questions and answers;

18.3.The Anti-Corruption Agency shall cooperate, within its competence, with managers of government and non-governmental organizations and private business entities in performing their functions.

18.4.The Anti-Corruption Agency shall exercise the following powers:

18.4.1.to submit to respective authorities the proposals on adopting government anti-corruption policy and resolutions, and on further amendments to improve anti-corruption legislation;

18.4.2.If it is determined that conditions conducive to corruption have emerged, and that conflicts of interest exist, the Agency shall insist on revising and invalidating orders, decisions, procedures and rules enacted by state bodies or officials;

18.4.3.to obtain from government bodies information, surveys and reports, regarding their anti-corruption public awareness and education and corruption prevention activities;

18.4.4.to obtain necessary information, surveys, explanations, definitions and other documents, free of charge, from business entities and organizations, officials and individuals, and review these materials and acquire expert analyses and verifications;

18.4.5.to conduct intelligence activities and cooperate with other agencies in charge of investigative and intelligence-gathering work to conduct investigations to detect and stop corruption offenses;

18.4.6.to accept and inspect corruption related requests and complaints;

18.4.7.to inquiry and investigate corruption cases under its jurisdiction;

18.4.8.to collect data and information on matters pertaining to its functions and keep the information confidential;

18.4.9.to take measures to ensure the security of the Agency and its staff;

18.4.10.to obtain written guarantees from officials and individuals to maintain the confidentiality of information that they are exposed to in the course of investigations, in case of violation of the guarantee, they shall assume responsibility pursuant to legislation;

18.4.11.to transfer for further investigation all violations of the law, irrelevant to the specific corruption offense to the competent authority, investigate the offenses specified in articles 6.6, 7.1.7, and 7.1.8 of this Law and transfer them to competent authority;

/This sub-paragraph was amended by the law as of January 24, 2014/

18.4.12.to execute protective actions set out by Law on Witness and Victim Protection;

/This sub-paragraph was modified by the law as of April 24, 2020/

18.4.13.to obtain from each respective authority the list of government officials due to declare their assets and income, and review it;

18.4.14.to supervise the competent organizations' and officials' adherance to the procedure for registering, storing, monitoring, and providing information on declarations of assets and income;

18.4.15.to oversee and review the submission of assets and income declarations by declarers, and transfer the breaches to the competent authority for imposition of the penalties on those persons who fail to submit in a timely manner, or who deliberately provide false information.

/This sub-paragraph was amended by the law as of January 24, 2014/

18.4.16.to prepare written guidance and recommendations on matters related to assets and income declarations;

18.4.17.to cooperate with respective foreign and international organizations, and exchange information related to combating corruption;

18.5.The Anti-Corruption Agency may investigate particular cases in collaboration with the Police and intelligence authorities upon approval of the Prosecutor General.

18.6.The Anti-Corruption Agency shall, during its intelligence activities, inquiry and investigation, adhere to the procedures stipulated by the Criminal Procedures Law, the Law on Intelligence Activities, and this Law.

/This paragraph was amended by the law as of May 18, 2017/

Article 19.Requirements of the Anti-Corruption Agency staff

19.1.The managing and executive officers of the Anti-Corruption Agency shall be qualified professionals, meeting certain criteria and requirements, with no history of disciplinary, administrative and criminal sanctions for corruption.

/This paragraph was modified by the law as of May 18, 2012/

19.2.The ethical and disciplinary codes applied to officers of the Anti-Corruption Agency shall be approved by the Head of the Anti-Corruption Agency.

19.3.Officers of the Anti-Corruption Agency shall have ranks, and the ranking procedure

shall be approved by the State Great Khural.

19.4.The legal status of administrative and support officers of the Anti-Corruption Agency shall be governed by the Law on Civil Service, the Labor law , and other legislation.

19.5.Persons, who previously have been under investigation and have had a record of disciplinary, administrative or criminal charges for corruption or misfeasance, shall be prohibited to be appointed as managers or executive officers at the Anti-Corruption Agency.

/This paragraph was added by the law as of January 19, 2012, and it was invalidated by the law as of May 18, 2012/

Article 20.The Oath of the Officer of Tthe Anti-Corruption Agency

20.1.An officer of the Anti-Corruption Agency shall swear the following oath to the Constitution of Mongolia immediately upon his/her appointment: "I, the officer of the Anti-corruption Agency, swear to honestly combat corruption, and be solely guided by the rule of law, free from undue influence. Should I violate this oath, I shall be held accountable under the law."

Article 21.Appointment of the Head and Deputy Head of the Anti-Corruption Agency, and the terms of their powers

/This Article was modified by the law as of December 31, 2020/

21.1.The Head of the Anti-Corruption Agency shall be appointed for 6-year terms by the State Great Khural upon conducting an appointment public hearing, based on the nomination by the Prime Minister.

/This paragraph was modified by the law as of December 31, 2020/

21.2.The Anti-Corruption Agency shall have a Deputy Head of the Anti-Corruption Agency. The Deputy Head shall be appointed for 6-year terms by the State Great Khural upon conducting an appointment public hearing, based on the nomination by the Head of the Anti-Corruption Agency.

/This paragraph was modified by the law as of December 31, 2020/

21.3.The Head or Deputy head of the Anti-Corruption Agency shall meet the following criteria, in addition to the requirements specified in Article 19.1 of this Law:

21.3.1.The Head of the Anti-Corruption Agency shall have at least 15 years of prior civil service, shall be at least 45 years of age, shall be a lawyer by profession, and shall possess relevant managerial and professional experience, and shall not have held a political position for last 5 years;

/This sub-paragraph was modified by the law as of December 31, 2020/

/This sub-paragraph was modified by the law as of January 24, 2014/

21.3.2.The Deputy Head of the Anti-Corruption Agency, shall have at least 10 years of civil service, shall be a lawyer by profession, shall have experience and knowledge in intelligence and investigative activities, and shall not have held a political position for last 5 years.

/This sub-paragraph was modified by the law as of December 31, 2020/

21.4.The Head and Deputy Head of the Anti-Corruption Agency may be re-appointed only for one additional term.

/This paragraph was modified by the law as of December 31, 2020/

21.5.Terms of offices of the Head and Deputy Head of the Anti-Corruption Agency shall commence on the day of the decisions of their appointment issued by the State Great Khural, and expire with the appointment of the next head and deputy head.

/This paragraph was modified by the law as of December 31, 2020/

21.6.Terms of office of re-appointed Head and Deputy Head of the Anti-Corruption Agency shall begin from the day of their appointment and last until the expiration of their powers, specified in Articles 21.1 and 21.2 of this Law.

/This paragraph was modified by the law as of December 31, 2020/

Article 22.Relieve, Suspension from duties and dismissal from office of the Head or Deputy Head of the Anti-Corruption Agency

22.1.The Head and Deputy of The Anti-Corruption Agency shall be relieved from their duties in the following cases:

22.1.1.upon his/her own request;

22.1.2.if the person is unable to fulfill his/her duties for health reasons;

22.1.3.if the term of his/her power expires.

22.2.If the Head or Deputy Head of the Anti-Corruption Agency commits a crime that is proven, and if a court verdict enters into force, then he/she shall be dismissed from office from the day of the court verdict.

22.3.The Head or the Deputy Head of the Anti-Corruption Agency may apply for retirement to the State Great Khural in writing, if such an application is submitted during the State Great Khural session, it shall be considered within 21 days, if it is submitted in the interim between sessions, it shall be considered within 21 days from the date that the session reconvenes.

22.4.The proposal shall be decided within 14 days after its receipt if the Head or Deputy Head of the Anti-Corruption Agency is accused for crime, also arrested in accordance with Article 31.2 of this Law and the Prosecutor General submitted the proposal to suspend his/her power to the State Great Khural.

/This paragraph was modified by the law as of March 27, 2019/

/This paragraph was amended by the law as of December 31, 2020/

22.5.It is prohibited to relieve from duties, or to suspend the power, or to dismiss from office the Head or Deputy Head of the Anti-Corruption Agency on grounds other than those specified in this Law.

Article 23.Power of the Head of the Anti-Corruption Agency

23.1.The Head of the Anti-Corruption Agency shall exercise the following powers:

23.1.1.to establish the organization, management and operation of the Anti-Corruption Agency;

23.1.2.to represent the Anti-Corruption Agency nationally and internationally;

23.1.3.to collaborate with special agencies and institutions of foreign countries following the principles of equality of rights, mutual respect, and non-involvement in internal matters;

23.1.4.to appoint, relieve from duty, reward, confer ranks and impose disciplinary sanctions on officers of the Anti-Corruption Agency;

23.1.5.to approve and enforce rules, regulations and instructions related to the internal work of the Anti-Corruption Agency;

23.1.6.to enact orders on issues related to human resources, and the organization and administration of the Anti-Corruption Agency;

23.1.7.to review intelligence, inquiry and investigative activities;

23.1.8.to permit the use of secret methods, forces, and instruments as specified in the Law on Intelligence Activities;

23.1.9.to make decisions on procurement, possession, usage, and disposal of intelligence activities techniques and equipment;

23.1.10.to ensure internal control of the Agency's operations;

23.1.11.to enforce other powers specified by law.

23.2.In the absence of the Head of the Anti-Corruption Agency, the Deputy shall assume the powers of the Head at his/her direction.

Article 24.Rights of officers of the Anti-Corruption Agency in charge of intelligence activities, inquiry and investigations

24.1.The Anti-Corruption Agency officers in charge of intelligence activities, inquiry and investigations shall exercise the following powers as specified by the procedure in the law:

24.1.1.to exercise the rights and duties of intelligence officers specified in the Law on Intelligence Activities, and perform intelligence activities on the basis and pursuant to the procedures specified by law;

24.1.2.to exercise the rights and duties of investigator provided by the Criminal Procedure Code, to conduct inquiry and investigation in accordance with the procedures stipulated by law;                  

/This sub-paragraph was amended by the law as of May 18, 2017/

24.1.3.to penetrate into premises of business entities and organizations;

24.1.4.to inspect and temporarily freeze, without special permit, bank accounts and transactions of citizens, business entities or organizations;

24.1.5.to seize and seal assets pursuant to the grounds and procedures of the law;

24.1.6.to obtain explanations or testimonies from officials and citizens, and subpoena their presence;

24.1.7.to mobilize and use, in the course of exercising his/her powers and in case of emergency, vehicles and communication equipment, regardless of their ownership status, except for those of diplomatic representatives, high level government officials and officials holding comparable positions, and medical ambulance, firefighters' and emergency service vehicles;

24.1.8.to use firearms, special self defense equipment, and other technical devices while on duty;

24.1.9.to use services of public transportation and communication, regardless of the queuing order, while performing his/her official duties;

24.1.10.to exercise other powers, applicable to performing functions of the Anti-Corruption Agency.

24.2.The procedure for using firearms, special self defense equipment and other technical devices shall be approved jointly by the Prosecutor General and the Head of the Anti-Corruption Agency.

24.3.If a privately owned vehicle was used in circumstances specified in Article 24.1.7 of this Law, relevant fees and incurred expenses shall be compensated.

Article 25.Prohibitions in the operation of officers of the Anti-Corruption Agency

25.1.Officers of the Anti-Corruption Agency shall be prohibited to conduct the following actions, in addition to those specified in the Law on Civil Service, and Article 7 of this Law:

25.1.1.to join as a member, or be elected or appointed to a leadership position of a political party, trade union, religious organization, or any similar legal person;

25.1.2.to disclose state and official secrets, corporate secrets or personal sensitive data exposed to or entrusted to him/her in the course of performing official duties;

/This sub-paragraph was amended by the law as of December 17, 2021/

25.1.3.to disclose or transmit information on his/her official duties to the public and others without special permission from higher authority;

25.1.4. to travel abroad for official or private purposes without obtaining permission from the Head of the Anti-Corruption Agency;

25.1.5.to travel, go on tour or vacation at the expense of domestic or foreign business entities, organizations or individuals;

25.1.6.to accept from anyone any items as gifts and souvenirs in violation of the set procedures.

25.2.The officers of the Anti-Corruption Agency are prohibited to have family or kinship

relations amongst them.

25.3.The officers of the Anti-Corruption Agency are prohibited to use any confidential information exposed to them in the course of their service for any purpose after termination of their service as officers.

Article 26.Supervision of the operation of the Anti-Corruption Agency

26.1.The State Great Khural shall release an annual report from the Anti-Corruption Agency on the implementation of Anti-Corruption legislation, and on the general condition and status of corruption.

/This paragraph was amended by the law as of May 29, 2008/

26.2.The Special Supervisory Sub-committee of the State Great Khural shall monitor the implementation of the legislation on Intelligence Activities by the Anti-Corruption Agency.

26.3.The Prosecutor's Office shall supervise the intelligence activities, inquiry and investigation conducted by the Anti-Corruption Agency in accordance with the grounds and procedures specified in the Law on Intelligence Activities, the Criminal Procedures Law, and Law on the Prosecutor Office.

/This paragraph was amended by the law as of May 18, 2017/

Article 27.Public council

27.1.In order to ensure active public involvement in combating corruption, to voice its opinion, to advise on the condition and implementation of the anti-corruption legislation, an ad hoc Public Council shall be established under the supervision of the Anti-Corruption Agency.

27.2.The Public council shall be composed of 15 members, and the President of Mongolia shall assign for four-year term as members of the Council, citizens without any criminal past, and representing the civil society.

27.3.State political and career civil officers cannot be candidates for membership on the Public Council.

27.4.Members of the Public Council shall not disclose secrets related to operation of the Anti-Corruption Agency.

27.5.The Procedures for the Public Council operation shall be approved by the President of Mongolia.  

CHAPTER FIVE

GUARANTEES FOR THE OPERATION OF THE ANTI-CORRUPTION AGENCY

Article 28.Political guarantees

28.1.It shall be prohibited to conduct Political parties', coalitions', associations', movements' and/or religious activities within the premises of the Anti-Corruption Agency.

28.2.In exercising the freedom of expression, speech, and publication, and the right to

worship or not to worship, an officer of the Anti-Corruption Agency shall respect his/her own official duties.

Article 29.Economic guarantees

29.1.Activities of the Anti-Corruption Agency shall be financed from the state budget and the state shall ensure the economic resources for the Agency's operation.

29.2.The budget of the Anti-Corruption Agency shall be reflected separately in the state budget, and the budget shall be sufficient to enable the Agency to operate independently.

29.3.It shall be prohibited to approve the budget of the Anti-Corruption Agency for a given year less than the body's budget in the previous year.

/This paragraph was invalidated by the law as of November 10, 2015/

29.4.The budget for the intelligence activities of the Anti-Corruption Agency shall be approved by the State Great Khural upon review and proposal by the Special Supervisory Sub-Committee.

29.5.Expenses related to the providing office premises, required equipment, means of transportation and technical devices for the Anti-Corruption Agency, and the providing with accommodation for the officers, as well as the protection of individuals and witnesses, who assisted in the process of conducting anti-corruption activities, and the provision of financial assistance to them shall be reflected separately in the budget.

29.6.Remuneration of the Head, Deputy head and officers of the Anti-Corruption Agency shall consist of the regular salary for their official position, special conditions allowance, and bonuses for the length of public service, rank and academic degrees. The amount of salaries, allowances and bonuses shall be determined by the State Great Khural.

29.7.The government shall issue a soft loan or, if necessary, a loan guarantee to officers of the Anti-Corruption agency, who have stable employment history and effectively perform their work, to assist them in building private houses, purchasing basic household necessities, studying themselves or paying tuition fees of their children.

29.8.The Head and the Deputy head of the Anti-Corruption Agency shall have the same level of powers and protection as Cabinet members.

Article 30.Social guarantees

30.1.Unless otherwise provided by law, it shall be prohibited to relieve an officer of the Anti-Corruption Agency from his/her duties, dismiss or transfer him/her without his/her own consent to another job or official position.

30.2.In case an officer of the Anti-Corruption Agency temporarily loses his/her ability to work or becomes handicapped in the course of performing his/her official duties, the government shall bear responsibility for the payment of the difference between the amount of salary previously enjoyed by the officer, and the benefits and allowances, as well as the expenses for prostheses if such costs were incurred.

30.3.If an officer of the Anti-Corruption Agency lost his/her life while performing his/her official duties, or was murdered in connection with his/her official duties, one-time compensation equal to his/her salary for the period of 5 years shall be granted to his/her family.

30.4.In case of retirement of an officer of the Anti-Corruption Agency, he/she shall receive a one-time grant equal to up to 36 months of his/her regular salary, provided that he/she has worked at least 10 years for the Anti-Corruption Agency.

/This paragraph was amended by the laws as of September 7, 2016 and November 10, 2016/

30.5.Life and health of officers of the Anti-Corruption Agency shall be insured on an obligatory basis, and the payment of insurance premiums shall be made from the budget of the Agency.

30.6.Basic annual leave of officers of the Anti-Corruption Agency shall be regulated pursuant to the Labor Code. An additional 3 working days of annual leave shall be added for every 5 year of service as an intelligence officer and as a investigator.

/This paragraph was amended by the law as of May 18, 2017/

30.7.Officers of the Anti-Corruption Agency shall enjoy the guarantees provided by this Law in addition to working conditions, additional guarantees, salary, reimbursement, assistance, rewards and benefits provided to public officers by the Law on Civil Service.

30.8.In affording the guarantees provided by Article 30.7 of this Law to officers of the Anti-Corruption Agency, similar types of benefits, assistance and bonuses may not be duplicated, and officers themselves shall make own personal choice in selecting the preferred ones.

30.9.Service term of intelligence officer and investigator in the Anti-Corruption Agency shall be considered as the service term in army.

/This paragraph was added by the law as of January 24, 2014/

/This paragraph was amended by the law as of May 18, 2017/

30.10.Intelligence officer, investigator of the Anti-Corruption Agency shall be provided with the cloths having its organization's symbol when they take part in special operation and the design of this cloth shall be approved by the head of the Anti-Corruption Agency.

/This paragraph was added by the law as of January 24, 2014/  

/This paragraph was amended by the law as of  May 18, 2017/

Article 31.Legal guarantees

31.1.It shall be prohibited to detain, incarcerate, arrest, or search the home, office, vehicle or person of the Head and the Deputy head of the Anti-Corruption Agency, without permission of the State Great Khural, and other officers, without permission of Head of the Anti-Corruption Agency.

31.2.In the event that an officer of the Anti-Corruption Agency is apprehended in the process of committing a crime, or is arrested at the crime scene with evidence of a criminal act, if it in respect to the Head and Deputy head of the Anti-Corruption Agency, it shall be notified to the State Great Khural, and if it is about other officers, it shall be notified to the Head of the Anti-Corruption Agency within 48 hours.

31.3.If an officer of the Anti-Corruption Agency has committed a crime, or is arrested pursuant to Article 31.2 of this Law, and the respective competent body has submitted a proposal to suspend his/her powers, the Head of the Anti-Corruption Agency shall decide within 10 days after receiving the proposal.

31.4.The government shall bear responsibility for damages caused by mistakes made by an officer of the Anti-Corruption Agency in the course of exercising his/her powers. Article Article 32.Other Guarantees

32.1.An officer of the Anti-Corruption Agency shall not concurrently engage in work or hold positions unrelated to his/her official duties specified by the law, other than academic work.

32.2.Officers of the Anti-Corruption Agency shall be exempt from mandatory military conscription/mobilization.

32.3.In case of imminent and real danger to the life and health of an officer of the Anti-Corruption Agency, or a member of his/her family in connection with performing official duties, the police organization shall bear the responsibility for ensuring their security.

32.4.Regardless of their jurisdiction, individuals and officials shall be obligated to execute

legitimate orders of officers of the Anti-Corruption Agency within their competence.

32.5.Losses and negative consequences from duly executing orders and tasks by the Anti-Corruption Agency officers, as bestowed by an official in authority, shall be borne by that particular official.

32.6.The premises of the Anti-Corruption Agency shall be under state protection.

Article 321.The persons responsible for enforcement of the law

321.1.The following organizations shall monitor the compliance with this Law at relevant organizations and by officials:

321.1.1.Legal Affairs Standing Committee of the State Great Khural shall monitor the operations of the Anti-Corruption Agency and the General Council of Courts;

321.1.2.Anti-Corruption Agency shall monitor the operations of government organizations and civil servants other than that stated in Article 321.1.1 of this Law;

321.1.3.The Public Council shall monitor the operations of Anti-Corruption Agency other than its inquiry, investigation and intelligence activities.

/This paragraph was added by the law as January 19, 2012/

CHAPTER SIX

MISCELLANEOUS

Article 33.Liabilities to violators of anti-corruption legislation

33.1.If a violator of anti-corruption legislation is not subject to a criminal charge, the competent organization or official shall impose the following liabilities:

33.1.1.30-percent salary cut for up to 3 months to those who fail to perform their reporting obligation set out in Article 8.1 of this Law;

33.1.2.demotion of position to those who repeatedly fail to report as set out in Article 8.1 of this Law or who violate the provisions of Article 7.1 of this Law; if it is impossible to demote the position, 30-percent salary cut shall be imposed for up to 3 months and revoke the decision, if any, which was made in the case of corruption violation;

33.1.3.dismissal from public service to those who violates Article 7.1 of this Law recurrently and revoke the decision, if any, which was made in the case of corruption violation.

33.2.The judge shall confiscate, or cancel the preferential right to, the asset and income of those who acquired them violating Articles 7.1.7 and 7.1.8 of this Law."

(This article was modified by the law as of  January 19, 2012)

Article 34.Eliminating consequences of corruption crimes

34.1.Compensation of losses incurred due to corruption crime, the restoration of rights that have been violated, and the annulment of any illegal decisions, shall be governed in accordance with the Civil Code and other relevant legislation.

Article 35.Entry into force

35.1.This Law shall enter into force on November 1, 2006.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA NYAMDORJ.TS