EUROPAM

European Public Accountability Mechanisms

Cyprus

Country score (European Average*)
  • 67(66) Political Financing
  • 57(50) Financial Disclosure
  • 29(40) Conflict of Interest
  • 24(56) Freedom of Information
  • 63(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)30842.91
Population, total1170125.00
Urban population (% of total)66.84
Internet users (per 100 people)75.90
Life expectancy at birth (years)80.29
Mean years of schooling (years)11.7
Global Competitiveness Index4.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Political Parties Act 2012 and amendment 129(I) 2015 GR (1) and amendment 12(I)2015 GR are the main laws regulating the financing of political parties in Cyprus. These laws and amendments brought about changes from 2012 whereby the Law to Provide for the Registration, the Funding of Political Parties and Other Matters Incidental Thereto (2011) was abolished.

There are minimal restrictions on the private income of political parties in Cyprus. Donations from foreign entities are not permitted. Donations from corporations are allowed unless they are partially owned by the government. There do not appear to be prohibitions on donations from anonymous donors or trade unions. The laws impose limits on the amount that can be donated.

Public funding is available for political parties and is allocated according to the number of votes received in the previous election. There appears to be no subsidized media access but tax relief is available as a form of indirect funding.

There are regulations on spending such as vote buying and on the use of state resources being used in favour or against a political party or candidate. There are also limits on the amount that political parties can spend.

Parties are required to keep annual accounts. Candidates are required to report on the campaign finances but the reports do not need to reveal the identity of donors. Accounts are to be made public. The accounts are overseen by the Auditor General of the Republic. There are sanctions for breaches of the provisions of the law in the form of fines, the loss of public funding and also under the criminal law.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income39394747
Public funding62626262
Regulations on spending1001007575
Reporting, oversight and sanctions83838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. It shall not be permitted to a political party to accept private contributions of any kind from companies controlled by other states (Political Parties Act 2012, amended 2015, article 5(1) (g))
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Companies are permitted to donate up to 50,000 Euros annually. (Political Parties Act 2012, amended 2015, article 5(1)(a) )
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. art. 5(1)(c) There shall be permitted a named private donation from registered companies or from physical persons, to political parties on condition that the activities of the said companies or physical persons are not illegal. (Political Parties Act 2012, amended 2015, article 5(1)(c) )
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. art. 5 (1)(e) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control. (Political Parties Act 2012, amended 2015 article 5(1)(e) )
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. Depends on the meaning of legal entities art. 5 (1) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control or from companies which are not registered in the Republic, in accordance with the provisions of the Companies Law. (Political Parties Act 2012, amended 2015, article 5(1))
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes . (1)(b) Anonymous donations are not permitted. According to article 5(1)(b), in addition to the state funding, a political party may accept private donations only from registered phsycal persons or legal entities. (5) Each political party shall keep a special register containing the amount of donations and the personal information of the donator. (Political Parties Act 2012, amended 2015, article 5 (1)(b) and 5 (5))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. (1) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control or from companies which are not registered in the Republic. (Political Parties Act 2012, amended 2015, article 5(1)(c), 5(1)(d) and 5(1)(e))
Is there a ban on any other form of donation? Yes. In addition to state funding, a political party may accept private monetary donations in any kind of form. Contributions to political parties from illegal undertakings are banned. (Political Parties Act 2012, amended 2015, article 5(1)(c))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 5 (1)(a) Each private donation from the same physical person or legal entity shall not exceed the amount of fifty thousand euros (€ 50.000) per year. According to art.5 (2), political parties can not receive donations from physical or legal persons exceeding five thousand euro (5,000) per year, if one of the conditions (a-f) provided in paragraph 2 apply to the donator. (Political Parties Act 2012, amended 2015 article 5 (1)(a) and 5 (2)(d))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. 5 (1)(a) Each private donation from the same physical person or legal entity shall not exceed the amount of fifty thousand euros (50.000) per year. According to art.5 (2), political parties can not receive donations from physical or legal persons exceeding five thousand euro (5,000) per year, if one of the conditions (a-f) provided in paragraph 2 apply to the donator. (Political Parties Act 2012, amended 2015 article 5 (1)(a) and 5 (2)(d))
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (3) Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...] (Political Parties Act 2012, amended 2015 article 4(3) and (4))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registrar before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...]
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...] (Political Parties Act 2012, amended 2015 Section 4(4)(b)(ii))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party Yes. Art.4 (1). The political parties that are registered in the Register are financed by the state as follows: [...] (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; [...] (Political Parties Act 2012, amended 2015 Section 4, paragraph (1) and (4)(b))
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Art.4 (3). Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (Political Parties Act 2012, amended 2015 Section 4(3))
Allocation calculations for direct public funding to political parties: Equal Yes. Art.4(3) Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (Political Parties Act 2012, amended 2015 Section 4(3))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework
Earmarking provisions for direct public funding to political parties No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties Yes. See sub-indicators
Allocation criteria for free or subsidized access to media for political parties: Equal Yes. 3. Notwithstanding any provision of the Basic Law, the Foundation is obliged during the entire time period of time ensures the fair treatment of each candidate Presidents. Art.19 (6). The Foundation ensures a fair balance in the allocation of the radio and television broadcasting time or of other political contents between political parties. (Law on the Cyprus Broadcasting Corporation Law (Cap.‌ 300A), 1959, amended in 2010, articles 3 and 19(6))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Absent from legal framework
Are there provisions for any other form of indirect public funding? Yes. Provided that, there shall not be included in the state funding the amount granted by the state to political parties to cover their contribution to the respective political parties of the European Union which is regulated with a relevant provision in the annual state budget. (Political Parties Act 2012, amended 2015, Section 2, last clause)
Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. (4) The state funding of the political parties shall not be subject to any tax or levy imposed and collected by law. (Political Parties Act 2012, amended 2015, Article 5(4))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. A candidate may not influence or try to provide goods in order to obtain votes either for themselves or for a third party. (Law on Elections to the House of Representatives n.72/1979, amended in 2016, Section 39)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. There are different limits for Parliamentary, Local Government and European Parliament election expenses.
Are there limits on the amount a candidate can spend? Yes. Any financial activity of a candidate will be considered as financial activities of a respective political party. Therefore all the expenditures will be regarded as expenditures of a political party's and the threshold will be applied.

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. The political parties shall keep detailed information and proper account books and prepare financial statements for each financial year in accordance with the International Financial Reporting Standards. (Political Parties Act 2012, amended 2015, Section 6(1))
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework
Do candidates have to report on their campaign finances? Yes. Candidates have to report on their finances in relation to election campaigns within two months of the election results. (Law on Elections to the House of Representatives n.72/1979, amended in 2016, Section 52)
Is information in reports from political parties and/​or candidates to be made public? Yes. Art.6a (3). The Auditor-General of the Republic shall, after having audited the financial statements by virtue of subsection (2), prepare a report in relation to the audit findings […] and publish the same with full details of income and expenditure of the political parties campaign in the Official Gazette and on the website of the Audit Office within 9 months from the date of such statement. (Political Parties Act 2012, amended 2015 article Art.6a (3).)
Must reports from political parties and/​or candidates reveal the identity of donors? No. There is no obligation to reveal in the report the idendity of the donors. According to art. 5 (5), each political party shall keep a special register containing the amount of donations and the personal information of the donator. (Political Parties Act 2012, amended 2015 article 5(5) )
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. expenses shall be submitted to the Auditor General of the Republic (3) The Auditor-General of the Republic shall, after having ascertained a contravention of the provisions of the Law, transmit the report to the Commissioner of the Register of Political Paties (who shall be the Director General of the Ministry of Interior) (Political Parties Act 2012, amended 2015, article 6(1) & (3))
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. (3) The Auditor-General of the Republic shall, after having ascertained a contravention of the provisions of the Law, transmit the report to the Commissioner of the Register of Political Paties (who shall be the Director General of the Ministry of Interior) (Political Parties Act 2012, amended 2015, article 6(1) & (3))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The financial administration of the political parties shall be audited by the Auditor-General of the Republic, and an investigation of the case for contravention of the provisions of this Law shall be carried out by the Commissioner (Political Parties Act 2012, amended 2015, article 6 (3,4) and 8)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency Yes. The Auditor General (Political Parties Act 2012, amended 2015, article 6(3,4))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 8. (1) Any violation of the provisions under this Law shall be liable to an administrative fine of up to twenty thousand euros (20,000), to be imposed by the Registrar with the approval of the Auditor General of the Republic. 52(7). The Auditor-General of the Republic, after having ascertained an excess of the permitted election expenses of any candidate, shall report to the Register and require a fine equivalent to the excess. (Political Parties Act 2012, amended 2015, Section 8(1,2). Law on Elections to the House of Representatives n.72/1979, amended in 2016, Section 52)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Political Parties Act, 2012, amended 2015 (Greek)pdf
Broadcasting Corporation Law (Cap.‌ 300A), 1959, amended 2010 (English)pdf
Law on Elections to the House of Representatives 72/1979, amended 2016 (Greek)pdf

Financial Disclosure

The laws pertaining to the disclosure of civil servants’ assets has been enacted since 1990 in the basic Civil Servants law. It makes no specific provision for the disclosure of detailed information such as cash, movable and immovable property, it requires each who falls under the legislation to submit statements with any changes in their assets, in March of every third year after the law was enacted (1990).

The competent authority for each civil servant group is different depending on which office or government department they are employed (for example the General Manager of the Parliament is the competent authority for Parliamentary Staff, the General Managers of Ministries for the staff in each of their respective Ministries etc.)

For Members of Parliament, Ministers, and the President, a special committee exists whose composition depends on each Parliamentary session, and is tasked with being the depository, investigatory, and enforcement authority. The Attorney General can undertake further investigations and penal prosecution and/or sanctions.

The submitted statements and information of the civil servants and the President’s, Ministers’ and MPs’ are not to be made publicly available. In the case of the President, the Ministers, and the MPs, they may personally choose to publicly release parts of the declaration.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items70696973
Filing frequency75383838
Sanctions50505050
Monitoring and Oversight100100100100
Public access to declarations00025

Alternative Metric

2012201520162017Trend
Head of State49454555
Ministers62575757
Members of Parliament62575770
Civil servants62474747

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The asset declaration contains also information about the assets of the spouse and minor children (Article 4 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income and Assets
Real estate Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (a) immovable property, including property rights and encumbrances on them with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4.1 (a) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Movable assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (b) all kinds of motorized transport including vessels. (Article 4.1 (b) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Cash Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4.2 (b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income from outside employment/assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c) (d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The president cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Ownership of state-owned enterprises (SOEs) Partially. The president cannot be a board member or director of a public body in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (d) (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Holding government contracts Yes. The president cannot be a board member or a director of a company to which a public contract is awarded. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (b) (c) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Board member, advisor, or company officer of private firm Partially. The president cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, the president submits declaration of assets. The declaration of incompatibility is submitted prior to taking office. (Article 3.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Filing required upon leaving office Yes. Within three months of vacating office, the president submits declaration of assets (Article 3.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Filing required annually No. Filing of a declaration of assets required every three years. (Article 3 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The declaration of assets must contain any change in assets which has occurred in the period between the current and previous statement. (Article 4.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Partially. A person making a false declaration of incompatibility shall be subject to a prison sentence of no more than an year and a fine of up to 10 000 euro. No explicit sanction for false disclosure of declaration of assets (Article 7 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))

Monitoring and Oversight

Depository body explicitly identified Yes. A Special Parliamentary Committee is established for the management of assets disclosures. The Incompatibility declaration is submitted to the appointing body and the Incompatibility Investigation Committee (Article 5 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004); Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Enforcement body explicitly identified Yes. The special Parliamentary Committee is responsible for verifying the information submitted in the declaration of assets. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the declaration of assets is submitted. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying the acccurancy of the information submitted in the declarations of assets . The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))

Public access to declarations

Public availability Yes. Parts of the declaration should be made public. (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Website of the relevant institution (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004))
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The asset declaration contains also information about the assets of the spouse and minor children (Article 4 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income and Assets
Real estate Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (a) immovable property, including property rights and encumbrances on them with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4.1 (a) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Movable assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (b) all kinds of motorized transport including vessels. (Article 4.1 (b) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Cash Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4.2 (b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income from outside employment/assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c) (d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The minister cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Ownership of state-owned enterprises (SOEs) Partially. The minister cannot be a board member or director of a public body in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (d) (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Holding government contracts Yes. The minister cannot be a board member or a director of a company to which a public contract is awarded. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (b) (c) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Board member, advisor, or company officer of private firm Partially. The minister cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Post-employment Yes. Any person who has served as a minister is obliged to submit a request to a special commission to undertake any employment in a particular employer in the private sector within the first two years from the date of retirement or termination of service or of his term of office (Article 5.1 Law on post employment inspection of Former State Officials and Certain Former Public and Public Sector Employees(114(I)/2007, amended in 2011))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, the minister submits declaration of assets. The declaration of incompatibility is submitted prior to taking office. (Article 3.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Filing required upon leaving office Yes. Within three months of vacating office, the minister submits declaration of assets (Article 3.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Filing required annually No. Filing of a declaration of assets required every three years. (Article 3 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The declaration of assets must contain any change in assets which has occurred in the period between the current and previous statement. (Article 4.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In the case a Mininster fails to disclose or discloses false information, the consequences are decided by the President of the Republic. (Article 9.2, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Partially. A person making a false declaration of incompatibility shall be subject to a prison sentence of no more than an year and a fine of up to 10 000 euro. No explicit sanction for false disclosure of declaration of assets. In the case a Mininster fails to disclose or discloses false information, the consequences are decided by the President of the Republic. (Article 7 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014); Article 9.2, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))

Monitoring and Oversight

Depository body explicitly identified Yes. A Special Parliamentary Committee is established for the management of assets disclosures. The Incompatibility declaration is submitted to the appointing body and the Incompatibility Investigation Committee (Article 5 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Enforcement body explicitly identified Yes. The special Parliamentary Committee is responsible for verifying the information submitted in the declaration of assets. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the declaration of assets is submitted. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying the acccurancy of the information submitted in the declarations of assets . The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))

Public access to declarations

Public availability Partially. Parts of the declaration should be made public. (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Website of the relevant institution (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The asset declaration contains also information about the assets of the spouse and minor children (Article 4 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income and Assets
Real estate Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (a) immovable property, including property rights and encumbrances on them with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4.1 (a) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Movable assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (b) all kinds of motorized transport including vessels. (Article 4.1 (b) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Cash Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4.2 (b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Income from outside employment/assets Yes. The following assets within and outside Cyprus, possessed at the time of submission must be declared: (c) any financial interest in any business. (d) all types of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4.1 (c) (d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The Member of Parliament cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Ownership of state-owned enterprises (SOEs) Partially. The Member of Parliament cannot be a board member or director of a public body in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (d) (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Holding government contracts Yes. The Member of Parliament cannot be a board member or a director of a company to which a public contract is awarded. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (b) (c) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Board member, advisor, or company officer of private firm Partially. The Member of Parliament cannot be a board member or director of a private company in certain situations. Any person mentioned in the Schedule shall, before accepting any office, owe him to make a written disclosure to the appointing authority or the Commission in respect of them elected officials of the Article 2 Schedule of any existing entity under this Agreement Incompatibility Act and, in the event of incompatibility, it is not permitted to accept the unless it has previously made a written undertaking to do so for resignation, alienation or termination, within a reasonable time, of the particular economic transaction, relationship or property that is incompatible (Article 3.1 (e) and 5 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, the Member of Parliament submits declaration of assets. The declaration of incompatibility is submitted prior to taking office. (Article 3.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Filing required upon leaving office Yes. Within three months of vacating office, the Member of Parliament submits declaration of assets (Article 3.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Filing required annually No. Filing of a declaration of assets required every three years. (Article 3 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The declaration of assets must contain any change in assets which has occurred in the period between the current and previous statement. (Article 4.2 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If a Member of the Parliament does not submit a declaration of assets within the deadline, or submits a false statement, the consequences are regulated by the Rules of Procedure of the House of Representatives. (Article 9.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If a Member of the Parliament does not submit a declaration of assets within the deadline, or submits a false statement, the consequences are regulated by the Rules of Procedure of the House of Representatives. (Article 9.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. A person making a false declaration of incompatibility shall be subject to a prison sentence of no more than an year and a fine of up to 10 000 euro. No explicit sanction for false disclosure of declaration of assets. If a Member of the Parliament does not submit a declaration of assets within the deadline, or submits a false statement, the consequences are regulated by the Rules of Procedure of the House of Representatives. (Article 7 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014) Article 9.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (No. 49/2004 as amended by Law No. 269 of 2004))

Monitoring and Oversight

Depository body explicitly identified Yes. A Special Parliamentary Committee is established for the management of assets disclosures. The Incompatibility declaration is submitted to the appointing body and the Incompatibility Investigation Committee (Article 5 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004); Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Enforcement body explicitly identified Yes. The special Parliamentary Committee is responsible for verifying the information submitted in the declaration of assets. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the declaration of assets is submitted. The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying the acccurancy of the information submitted in the declarations of assets . The Incompatibility Investigation Committee shall investigate, find any incompatibility or failure to disclose it. (Article 6.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004) Article 5.1 Law on the Incompatibility of Certain Officials to carry out certain activities (adopted in 2008, amended in 2014))

Public access to declarations

Public availability Partially. Parts of the declaration should be made public. (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Website of the relevant institution (Article 8.1 Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (49/2004))
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Civil servants are required to submit a statement of any changes in their personal assets, as well as his spouse and dependent children. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Income and Assets
Real estate Yes. In March every third year civil servants are required to submit a statement of any changes that occurred in their assets and those of their spouses and dependent children. There are no specifications as to the content of the statement - all assets must be included. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Movable assets Yes. In March every third year civil servants are required to submit a statement of any changes that occurred in their assets and those of their spouses and dependent children. There are no specifications as to the content of the statement - all assets must be included. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Cash Yes. In March every third year civil servants are required to submit a statement of any changes that occurred in their assets and those of their spouses and dependent children. There are no specifications as to the content of the statement - all assets must be included. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Loans and Debts Yes. In March every third year civil servants are required to submit a statement of any changes that occurred in their assets and those of their spouses and dependent children. There are no specifications as to the content of the statement - all assets must be included. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Income from outside employment/assets Yes. In March every third year civil servants are required to submit a statement of any changes that occurred in their assets and those of their spouses and dependent children. There are no specifications as to the content of the statement - all assets must be included. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Filing required in March of every third year. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. The competend authority may request an interim report on the civil servant's assets and specifications on the information submitted, as well as the accuracy of the information submitted. (Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative sanctions include: a) reprimand (b) severe reprimand (c) disciplinarydisplacement (d) denial of annual raise (e) annual postponement of raise (f) a financial penalty that does not exceed the value of three months of income (g) regression on the pay scale (h) regression in a lower position (i) retirement and forced (j) dismissal. (Article 73.1, Article 79.1 in conjunction with Article 66.2 Civil Servants Law (No. 1/1990, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The finding of inaccuracies in the financial disclosure statement of the employee, implies disciplinary proceedings. / If the employee is found to have obtained assets under circumstances which constitute a criminal or disciplinary offense, the appropriate measures are taken. / Disciplinary proceedings range from reprimant to termination of employment from the Civil Service. (Article 79 in conjunction with Article 66.3 Civil Servants Law (No. 1/1990, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. Depending on the institution in which the civil servant is appointed, a different competent authority exists. (Article 66.2 in conjunction with Article 2 Civil Servants Law (No. 1/1990, amended 2015))
Enforcement body explicitly identified Yes. Depending on the institution in which the cvil servant is appointed, a different competent authority exists. (Article 66.2 in conjunction with Article 2 Civil Servants Law (No. 1/1990, amended 2015))
Some agency assigned responsibility for verifying submission Yes. Depending on the institution in which the cvil servant is appointed, a different competent authority exists. (Article 66.2 in conjunction with Article 2 Civil Servants Law (No. 1/1990, amended 2015))
Some agency assigned responsibility for verifying accuracy Yes. The competend authority may request an interim report on the civil servant's assets and specifications on the information submitted, as well as the accuracy of the information submitted. (Article 66.2 in conjunction with Article 2 Civil Servants Law (No. 1/1990, amended 2015))

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Law 49 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 2004 (Greek)pdf
Law 269 amending Law 49 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 2004 (Amending Law 49) (Greek)pdf

Conflict of Interest

Legislation for the conflict of interest regarding the President, Ministers, and Members of Parliament is mainly found in the Constitution, Law for the Prevention of Corruption (1996, amended 2012) and Law on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities (2008). For civil servants such restrictions are mainly provided in the Civil Servants Law 1/1990 (amended 2015).

Provisions are also found in the Criminal Code (CAP154), which is applicable to every single person in the jurisdiction of the Republic of Cyprus.

There is a restriction for any kind of activity in relation to the private sector for state officials. Civil servants may participate in state-owned companies with the permission of the Minister of Finance.

While the laws stipulate restrictions on the financial involvement, and the involvement of persons in decisions affecting private interests, the sanctions are not set out very clearly and enforcement measures are set out in a general context.

An issue revolves around the wide immunity cover of the President, Ministers, and MPs, who may not be prosecuted without the consent of the Attorney General.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions75656555
Sanctions7575758
Monitoring and Oversight62626225

Alternative Metric

2012201520162017Trend
Head of State62626217
Ministers66595917
Members of Parliament62626220
Civil servants93878764

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The President shall not during his term in office, engage either directly or indirectly, either for their own account or for the account of any other person, in the exeercise of any profit or non-profit making business or profession. ( Article 41, Cyprus Constitution 1960)
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden to have the capacity of a member of the managing council, or a manager or president of a state owned company. (Article 3(1)(d), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(1)(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(1)(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The office of the President shall be incompatible with that of a Minister or of a Representative or of any public office, including any corporation or public utility body. ( Article 41, Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden to have the capacity of a member of the managing council, or a manager or president of a state owned company. (Article 3(1)(d), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(1)(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(1)(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position Yes. The office of a Minister shall be incompatible with that of a Representative. ( Article 59(2), Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. Paragraphs (d) and (e) of this subsection established does not apply if the companies or organizations to which reserves established under paragraphs (d) and (e) not trade or maintain financial relationship or interest with the public corporation in which the officer is appointed and services. (Article 3(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities)
Ownership of state-owned enterprises (SOEs) Yes. The capacity of a Member or Parliament is irreconcilable with the position of Minister, or member of a community assembly, or state council including Mayor, or in any position in the Armed Forces. This includes any paid position whose remuneration is under control of the Republic., including in the capacity as any legal person in any public organization. ( Article 70, Cyprus Constitution 1960)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities,)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position Yes. The office of a Representative shall be incompatible with that of a Minister or of a public office, and includes any office in any public corporation or public utility body. ( Article 70, Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. It is forbidden for civil servants to take or give either directly or indirectly gifts that constitute money, other goods, free trips, and other personal benefits. (Article 69(1) Civil Servants Law 1/1990, amended 2015)
Private firm ownership and/or stock holdings Yes. Public employees are not allowed to hold any sharesor other interests whatsoever in privately-held companies. (Article 65(3)(b) Civil Servants Law 1/1990, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Civil servants have the right of stock ownership in state-owned companies but the number of stocks must not be more than the percentage of capital ownership set by the Minister of Finance. (Article 65(5) Civil Servants Law 1/1990, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public employees are not allowed to participate in the management of any company or other business of private nature. (Article 65(3)(a) Civil Servants Law 1/1990, amended 2015)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Civil servants must conduct their duties in an impartial and fair way and is forbidden from undertaking the resolution of a matter if himself or any member of his family up to the fourth degree has an interest in the matter. (Article 60(2) Civil Servants Law 1/1990, amended 2015)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A civil servant is subject to disciplinary action if he committed misconduct with dishonesty or moral turpitude in accordance to this law or acts or omits to act in a way that equals to a violation of his duties or responsibilities. Administrative sanctions include: a) Reprimand (b) severe reprimand (c) disciplinary transfer (d) breakdown of annual raise (e) annual postponement of raise (f) a financial penalty that does not exceed the value of three months of income (g) regression on the pay scale (h) regression in a lower position (i) retirement and forced (j) dismissal. (Articles 73, 79, Civil Servants Law, 1/1990)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Public Service Committee has oversight over staff management and administrative and disciplinary proceedings. (Article 5, Civil Servants Law 1/1990, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. Public Service Committee has oversight over staff management and administrative and disciplinary proceedings. - The Attorney General gives consent for prosecution arising under the Act Against Corruption. (Article 5, Civil Servants Law 1/1990, amended 2015; Article 6, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Qualitative data for 2017


Legislation

Civil Servants Law 1/1990, amended 2015 (Greek)pdf
Constitution 1960 (English )pdf
Law of Control of Work Ascension to the Private Sector 114, 2007 (Greek)pdf
Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities (Greek)pdf
Law for the Prevention of Corruption, 1996, amended by law 97 of 2012 (Greek)pdf

Freedom of Information

As of July 2015, Cyprus is one of only two countries in Europe, along with Luxembourg, not to have adopted a legal framework for access to information held by public bodies and institutions.

The existing legislative framework excludes a large number of public institutions from the requirement to disclose information and documents.

There is a lack of legal framework pertaining to the right to appeal to the competent authority to which a request for information has been placed. The only recourse lies within Article 164 of the Constitution, for bringing an action to the Supreme Court.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage001111
Information access and release58585858
Exceptions and Overrides50505050
Sanctions for non-compliance0000
Monitoring and Oversight0000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Every person has the right to freedom of speech and expression in any form. 2. This right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers. 3. The exercise of the rights provided in paragraphs 1 and 2 of this Article may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the reputation or rights of others or for preventing the disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary. (Articles 19-21, Constitution of Cyprus, 1960, amended 2016)
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch No. Absent from legal framework
Legislative branch No. Absent from legal framework
Judicial branch No. Absent from legal framework
Other public bodies No. Absent from legal framework
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. Absent from legal framework
Enacted legal instruments No. Absent from legal framework
Annual budgets No. Absent from legal framework
Annual chart of accounts (actual expenditures) No. Absent from legal framework
Annual reports of public entities and programs No. Absent from legal framework

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. Absent from legal framework
Type of request is specified (written, electronic, oral) Yes. Request for re-use of public sector documents is submitted in standardized form form set out by the relevant public sector body in a notification in the Official Gazette of the Republic and where possible, in digital form, to provide possibility of electronic processing and to allow for adaptation to specific applications for authorization; (Article 12(3), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Use of documents, information or data, the fees may not exceed height of the marginal costs incurred for the reproduction, provision and dissemination. The relevant public agencies estimate the total fee in accordance with objective, transparent and verifiable criteria and the total income of these bodies by providing and allowing reuse of such documents, information or data within any accounting period do not exceed the cost of collection, production, reproduction and dissemination, including a reasonable return on investment: Provided that the fees are calculated based on the costs incurred during appropriate accounting period and in accordance with the accounting principles applicable to relevant public sector bodies and approved. (Article 10, Law 205 of 2015 on the Further Use of Information in the Public Sector)

Deadlines for release of information

20-day response deadline No. The public bodies processing the requests electronically where possible and appropriate, shall make the documents available, or if special approval of the request is needed, finalize the offer to the applicant within a reasonable time and not later than the expiry of twenty working days of receipt of the request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Agency granted right to extend response time Yes. The schedule of twenty working days from receipt of the request may be extended by twenty working days for extensive or complex requests in which case the applicant shall be notified in writing within three weeks after the initial request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Maximum total response time of no more than 40 days Yes. The schedule of twenty working days from receipt of the request may be extended by twenty working days for extensive or complex requests in which case the applicant shall be notified in writing within three weeks after the initial request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. N.138(I)/2001: Act regarding Personal Data Processing (N.138(I)/2001: Act regarding Personal Data Processing)
Existence of personal privacy/data law Yes. N. 216(I)/2002: Act regarding regulations for security of classified information, documents and material and related matters (N. 216(I)/2002: Act regarding regulations for security of classified information, documents and material and related matters)
Specific exemptions to disclosure Yes. This Law shall not apply to: (a) documents the supply of which is an activity that falls within the public task, the work and purpose of the relevant public sector bodies; (b) intellectual property rights documents which are held by third parties; (c) documents which are excluded from access, inter alia, for reasons; (i)of the protection of national security, defense or public safety, (ii) for statistical or commercial confidentiality; (d) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for program service purposes or to carry out any activities which the public broadcaster is required or permitted to provide under any legislation or other public authority; (e) documents held by educational and research establishments, such as schools, universities, archives, libraries and research facilities including bodies established for the purpose of dissemination of research results; (f) documents held by cultural establishments, such as museums, libraries, archives, orchestras, operas, ballets and theaters. This Law shall not apply in cases in which citizens or companies have to prove a particular interest under the access regime to obtain access to documents. (Article 3(2), Law 205 of 2015 on the Further Use of Information in the Public Sector, )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism Yes. Any decision of a public sector body that rejects a request for documents includes a reference to the Right to bring an action before the Supreme Court under Article 146 of the Constitution. (Article 7(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution, 1960, amended 2016 (Greek)pdf
Law 132 of 2006 on the Further Use of Information in the Public Sector, amended 2015 (Greek)pdf

Public Procurement

The Cyprian public procurement system is regulated by the Public Procurement Act of 2006/12, followed by further secondary legislation. The Public Procurement Authority is part of the Treasury.

The lowest minimum threshold for conducting a public procurement tender is:

▪         EUR 135,000 for goods

▪         EUR 5,225,000 for works

▪         EUR 135,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment. Furthermore, there are several options for bid exclusion: abnormally low offer price (not automatic), and also criminal conviction for participation in criminal organization, bribery, fraud, bankruptcy etc.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure (the amounts are set out by the Minister of Finance based on the recommendation of the Tenders Review Authority)


Quantitative Data

Primary Metric

2012201520162017Trend
Scope636335
Information availability333383
Evaluation889488
Open competition838375
Institutional arrangements363636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 135000. EUR 135000 for public contracts of goods and services awarded by central government authorities and EUR 209000 for public cntracts of goods and services as well as for design contests awarded by sub central contracting authorities (Law 73(I)/2016, Article 9 paragraph (1) (b) and (c ) (i))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 5225000. (Law 73(I)/2016, Article 9 paragraph (1) (a))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 135000. EUR 135000 for public contracts of goods and services awarded by central government authorities and EUR 209000 for public cntracts of goods and services as well as for design contests awarded by sub central contracting authorities (Law 73(I)/2016, Article 9 paragraph (1) (b) and (c ) (i))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 135000. (Law 73(I)/2016, Article 9 paragraph (1) (b))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 422000. EUR 422000 for supply and service contracts and EUR 5278000 for works contracts (Law 11/2006, Article 15, paragraph (1) (a), (b))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 135000. EUR 135000 for Goods and Services included in Annex III of the Law 73(I)/2016 and EUR 209000 for Goods and Services not included in Annex III of the Law 73(I)/2016 (Law 73(I)/2016, Article 9 paragraph (1)(c) (ii))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 135000. EUR 135000 for public contracts of goods and services awarded by central government authorities and EUR 209000 for public cntracts of goods and services as well as for design contests awarded by sub central contracting authorities (Law 73(I)/2016, Article 9 paragraph (1) (b) and (c ) (i))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 5225000. (Law 73(I)/2016, Article 9 paragraph (1) (a))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 135000. EUR 135000 for public contracts of goods and services awarded by central government authorities and EUR 209000 for public cntracts of goods and services as well as for design contests awarded by sub central contracting authorities (Law 73(I)/2016, Article 9 paragraph (1) (b) and (c ) (i))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Pror information notices, contract notices and contract award notices shall be drawn up, transmitted by electronic means to the Publications Office of the European Union and published in full. (Law 73(I)/2016, Articles 47-50.)
Are any of these documents published online at a central place? Yes. Contracting authorities shall by electronic means offer unrestricted and full direct access free of charge to the procurement documents from the date of publication of a notice in accordance with Article 50 or the date on which an invitation to confirm interest was sent. (Law 73(I)/2016, Article 52)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) No. Ιt is mandatory to keep all these records (apart from the appeals as well as the claims and disute resolutions) at least for a period of three years from the award of the relevant contract. The appeals are kept seperately by the Secretary of the Tenders Review Authority and no time limit is set by the relevant law (i.e. Law 104/2010 Appeals Procedure).As far as the claims and dispute resolutions are concerned, there is no specific mention in Law 73(I)/2016 or in Law 104/2010 Appeals Procedure. (Law 73(I)/2016, Article 84, paragraph 2, Article 83, paragraph 4 (a) and Law 104/2010 Appeals Procedure, Article 13, paragrah 3.)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Not later than 30 days after the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. (Law 73(I)/2016, Article 49, paragraph 1 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. In the case of works contracts and in respect of services to be provided at a facility under the direct oversight of the contracting authority, after the award of the contract and at the latest when the performance of the contract commences, the contracting authority shall require the main contractor to indicate to the contracting authority the name, contact details and legal representatives of its subcontractors, involved in such works or services, in so far as known at this point in time. The contracting authority shall require the main contractor to notify the contracting authority of any changes to this information during the course of the contract as well as of the required information for any new subcontractors which it subsequently involves in such works or services. (Law 73(I)/2016, Article 71, paragraph (5)(a))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. When the aforementioned conditions are met, there is need tp publish information on subcontractors regardless of the proportion of the contract undertaken by a subcontractor. (Law 73(I)/2016, Article 71, paragraph (5)(a))

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process which characterises the products or services provided by a specific economic operator, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract is not possible. Such reference shall be accompanied by the words ‘or equivalent’. (Law 73(I)/2016, Article 39, paragraph 4)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. Contracting authorities shall treat economic operators equally and non-discriminatorily and shall act in a transparent way. The only provision about SMEs is that in the contract award notice, there should be clarified to what extent the successful tenderer is a SME (Annex V). (Law 73(I)/2016, Article 4, paragraph 1 and Annex V, Part D (12) and Part E (11). )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Contracting authorities shall treat economic operators equally and non-discriminatorily and shall act in a transparent way . (Law 73(I)/2016, Article 4)
Is there a specific set of rules for green/sustainable procurement? Yes. Contracting authorities shall base the award of public contracts on the most economically advantageous tender. Among other criteria, the most economically advantageous tender shall be assessed on the basis of environmental aspects. Contracting entities may state in the tender documents obligations relating to environmental protection. Contracting authorities may lay down special conditions relating to the performance of a contract. The conditions governing the performance of a contract may, in particular, concern environmental considerations. What is more, contracting authorities may require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain environmental management standards. Finally, contracting authorities shall take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed or the services provided and result from laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements, provided that such rules, and their application, comply with Union law. (Law 73(I)/2016, Article 4, paragraph 3 (a), Article 62, Article 67 and Article 70. )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Candidates are excluded from participating in a call for tenders if there is a final conviction known to the contracting authority for one or more of the following reasons: a) participation in a criminal organisation, b) corruption c) fraud, d) terrorist offences or offences linked to terrorist activities, e) money laundering or terrorist financing, f) child labour and other forms of trafficking of human beings. (Law 73(I)/2016, Article 57, paragraph 1)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. If some tenders appear unusually low, the contracting authority shall request in writing details of the composition of the tenders which it considers relevant. Νo automatic exclusion is included in the law. (Law 73(I)/2016, Article 69.)
Is scoring criteria published? Yes. When the award is made to the tender most economically advantageous from the point of view of the contracting authority, the contracting authority shall specify in the contract notice or, in the tender documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender. (Law 73(I)/2016, Article 67, paragraph 6)
Are decisions always made by a committee? No. Only in case of design contests, the evaluation decision is made by a jury composed exclusively of natural persons who are independent of the participants in the context. (Law 73(I)/2016, Articles 81 and 82.)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The staff members of the contracting authority or of a procurement service provider acting on behalf of the contracting authority who are involved in the conduct of the procurement procedure or may influence the outcome of that procedure (such as the jury in case of design contests, which influences the outcome of the procedure by evaluating the plans and projects submitted by the candidates) should not have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure. Moreover, the jury shall be composed exclusively of natural persons who are independent of participants in the contest. (Law 73(I)/2016, Article 6 and Article 81. )
Is some part of evaluation committee mandatorily independent of contracting authority? No. The jury shall be composed exclusively of natural persons who are independent of participants in the contest but no mention is made about the independence of jury members of contracting authorities. The only relevant provision is that the jury shall be autonomous in its decisions or opinions. (Law 73(I)/2016, Articles 81 and 82.)
Are scoring results publicly available? Yes. For every contract, every framework-agreement and every establishment of a dynamic purchasing system, the contracting authorities shall draw up a report, which shall include at least the following: (a)the name and address of the contracting authority, the subject-matter and value of the contract, framework-agreement or dynamic purchasing system;(b) the name of the successful candidates or tenderers and the reasons for their selection; (c)the name of the candidates or tenderers rejected and the reasons for their rejection; (d) the reasons for the rejection of tenders found to be abnormally low; (e) the name of the successful tenderer and the reasons why his tender was selected, and if known, the share of the contract or framework-agreement, which the contractor intends to subcontract to third parties;(f) for negotiated procedures and the competitive dialogue, the circumstances referred to in section 23 which justify the use of these procedures; (h) if necessary, the reasons why the contracting authority has decided not to award a contract or a framework agreement or to establish a dynamic purchasing system. The report, or at least the main features of it, shall be communicated through the Competent Authority of Public Procurement to the Commission if it so requests. (Law 73(I)/2016 Article 84, paragraph 1 and 3.)
Does the law specify under which conditions the tender can be cancelled? Yes. A tender shall be considered admissible where it has been submitted by a tenderer, who has not been excluded pursuant to Article 57 and who meets the selection criteria, and whose tender is in conformity with the technical specifications without being irregular or unacceptable or unsuitable. In particular, tenders which do not comply with the procurement documents, which were received late, where there is evidence of collusion or corruption, or which have been found by the contracting authority to be abnormally low, shall be considered as being irregular. In particular tenders submitted by tenderers that do not have the required qualifications, and tenders whose price exceeds the contracting authority’s budget as determined and documented prior to the launching of the procurement procedure shall be considered as unacceptable. A tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without substantial changes, of meeting the contracting authority’s needs and requirements as specified in the procurement documents. A request for participation shall be considered not to be suitable where the economic operator concerned is to be or may be excluded pursuant to Article 57 or does not meet the selection criteria set out by the contracting authority pursuant to Article 58. (Law 73(I)/2016 Article 32, paragraph 5(b). )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. They shall be sent by the contracting authorities to the Publications Office of the European Union and published by the Publications Office of the European Union (Tenders Electronic Daily, "TED") or by the contracting authorities in the event of a prior information notice published on a buyer profile in accordance with Article 47(1). In addition, contracting authorities may publish this information on the Internet on a ‘buyer profile’ . (Law 73(I)/2016 Article 47, Article 48 and Article 50.)
Does the law specify the location for publicizing restricted calls for tenders? Yes. For restricted procedures, sub-central contracting authorities may use a prior information notice as a call for competition pursuant to Article 23(3), provided that the notice fulfils all of the following conditions: (a) it refers specifically to the supplies, works or services that will be the subject of the contract to be awarded; (b) it indicates that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further publication of a call for competition and invites interested economic operators to express their interest; (c) it contains the information set out in Annex V part B; (d) it has been sent for publication between 35 days and 12 months prior to the date on which the invitation referred to in Article 53(1) is sent. Such notices shall not be published on a buyer profile. However, the additional publication at national level pursuant to Article 51, if any, may be made on a buyer profile. (Law 73(I)/2016 Article 47, paragraph 2 (a), (b) and (c ). )
Does the law specify the location for publicizing negotiated calls for tenders? Yes. For competitive procedures with negotiation, sub-central contracting authorities may use a prior information notice as a call for competition pursuant to Article 23(3), provided that the notice fulfils all of the following conditions: (a) it refers specifically to the supplies, works or services that will be the subject of the contract to be awarded; (b) it indicates that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further publication of a call for competition and invites interested economic operators to express their interest; (c) it contains the information set out in Annex V part B; (d) it has been sent for publication between 35 days and 12 months prior to the date on which the invitation referred to in Article 53(1) is sent. Such notices shall not be published on a buyer profile. However, the additional publication at national level pursuant to Article 51, if any, may be made on a buyer profile. (Law 73(I)/2016 Article 47, paragraph 2 (a), (b) and (c ). )

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Law 73(I)/2016 Article 65, paragraph 3)
What is the minimum number of bidders for negotiated procedures? 3. (Law 73(I)/2016 Article 65, paragraph 3)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Law 73(I)/2016 Article 65, paragraph 3)

Bidding period length

What are the minimum number of days for open procedures? 35. In the open procedure, the minimum time limit for receipt of tenders shall be thirty-five (35) days from the date of dispatch of the notice. (Law 73(I)/2016 Article 24, paragraph 2)
What are the minimum number of days for restricted procedures? 30. In restricted procedures, the minimum time limit for receipt of tenders is thirty (30) days from the date of the invitation (tender). (Law 73(I)/2016 Article 25, paragraph 2)
What are the minimum number of days  for competitive negotiated procedures? 30. In competitive negotiated procedures the minimum time limit for receipt of requests to participate is thirty (30) days from the date of dispatch of the contract notice (Law 73(I)/2016 Article 26, paragraph 3)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Indicatively, the exceptions are the following: 1) contracts in the water, energy, transport and postal services sector, 2) Telecommunications, 3) contracts and design contests organised pursuant to international rules , 4) specific service exclusions such as rental or acquisition, broadcasting, arbitration and conciliation, financial services, employment contracts, 5) service contracts based on exclusive rights, 6) contracts between bodies of public sector. (Law 73(I)/2016 Articles 11-16)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Contracting authorities defined as "State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law". (Law 73(I)/2016 Article 2, paragraph 1)
Does the law specify the main procedure types or procurement methods permitted? Yes. open, restricted, innovation partnerships, competitive procedure with negotiation, competitive dialogue. (Law 73(I)/2016 Article 23, paragraph 1)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. It is the Tenders Review Authority that judges the recourses filed against actions or decisions made by the Contracting Authorities. (Law 104/2010 Appeals Procedure, Article 5)
Is there a procurement regulatory body dedicated to public procurement? Yes. It is the Competent Authority for Public Procurement which carries out checks upon the contracting authorities with a view to ensuring compliance with the provisions of the law and the regulations made thereunder (Law 73(I)/2016 Article 83, paragraph 1)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevant provision is about the members of the Evaluation Committee which shall have the technical and/or professional knowledge about the relevant issue. Moreover, the members of any ad hoc technical committees shall have technical knowledge, qualifications and experience relevant to the issue. (Regulatory Administrative Act 201/2007, Article 10 and Article 20, paragraph (2) )
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? Yes. The person who submits the form of recourse to the Tenders Review Authority pays a fee as determined by the Minister of Finance upon the recommendation of the Tenders Review Authority and published in the Gazette of the Republic. The fee is not refundable and is deposited in the Account of the Treasury of the Republic. (Law 104/2010 Appeals Procedure, Article 20, paragraph (2))
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The deadline for bringing an action before the Tenders Review Authority by virtue of Article 21 paragraph (1) and Article 24 paragraph (1) suspends the conclusion of the contract. (Law 104/2010 Appeals Procedure, Article 22, paragraph (1))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 45. The decision of the Tenders Review Authority for interim measures is issued within five (5) working days from the date of notification of the appeal to the contracting authority or contracting entity. / The examination of the appeal process is completed as soon as possible and the decision of the Tenders Review Authority is issued no later than within forty-five (45) calendar days after the completion of the hearing of the application as referred to in subsection (4) of Article 24. (Law 104/2010 Appeals Procedure, Article 24, paragraph (3) / Article 25, paragraph (1))
Is there a requirement to publicly release arbitration court decisions ? Yes. Apart from notifying the interested parties who have not been legally excluded from the process (as it is implied in Article 15, paragraphs (2) and (3) of the Law 104/2010), the whole text of the decisions made by the Tenders Review Authority is put forward to the European Commission via the Competent Authority of Public Procurement. (Law 104/2010 Appeals Procedure, Article 15, paragraphs (2) and (3))

Qualitative data for 2017


Legislation

Law 11/2006 utlities procurement law (Greek)pdf
Law 12/2006 procurement law (English)pdf
Law 91(1)2010 amending the law of 2006 (Greek)pdf
Law 104(1) 2010 Appeals Procedure (Greek)pdf
Law 201/2007 Regulatory Administrative Act (Greek)pdf
Law 73-2016 on Public Procurement (Greek)pdf