| Spouses and children included in disclosure |
Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Real estate |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Movable assets |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cash |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Loans and Debts |
Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad
(Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Income from outside employment/assets |
Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category;
(Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Gifts received as a public official |
Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct.
(Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Private firm ownership and/or stock holdings |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Ownership of state-owned enterprises (SOEs) |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Holding government contracts |
No. Absent from legal framework.
(Absent from legal framework.) |
| Board member, advisor, or company officer of private firm |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| 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 required upon taking office |
Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions
(Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required upon leaving office |
Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term.
(Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required annually |
No. Absent from legal framework.
|
| Ad hoc filing required upon change in assets or conflicts of interest |
Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions:
a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages;
b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article.
(Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for late filing (fines, administrative, and/or criminal) |
Yes. In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty.
(Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for non-filing (fines, administrative, and/or criminal) |
Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate.
Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years.
When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days .
Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years.
(Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) |
Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80%
(Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Depository body explicitly identified |
Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body.
(Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Enforcement body explicitly identified |
No. Absent from legal framework.
|
| Some agency assigned responsibility for verifying submission |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Some agency assigned responsibility for verifying accuracy |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Public availability |
Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article.
(Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Timing of information release specified |
No. Absent from legal framework.
|
| Location(s) of access specified |
Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies.
(Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cost of access specified |
No. The legal framework provides for public accessibility of declarations, but does not specify any fee or cost regime for access. (Article 17(1) of Law No. 52/2019: “The single declarations of income, assets and interests […] are publicly accessible under the terms of this article.”)
(Article 17(1) of Law No. 52/2019) |
| Spouses and children included in disclosure |
Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Real estate |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Movable assets |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cash |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Loans and Debts |
Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad
(Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Income from outside employment/assets |
Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category;
(Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Gifts received as a public official |
Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct.
(Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Private firm ownership and/or stock holdings |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Ownership of state-owned enterprises (SOEs) |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Holding government contracts |
No. Absent from legal framework.
(Absent from legal framework.) |
| Board member, advisor, or company officer of private firm |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| 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 required upon taking office |
Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions
(Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required upon leaving office |
Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term.
(Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required annually |
No. Absent from legal framework.
|
| Ad hoc filing required upon change in assets or conflicts of interest |
Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions:
a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages;
b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article.
(Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for late filing (fines, administrative, and/or criminal) |
Yes. In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty.
(Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for non-filing (fines, administrative, and/or criminal) |
Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate.
Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years.
When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days .
Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years.
(Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) |
Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80%
(Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Depository body explicitly identified |
Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body.
(Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Enforcement body explicitly identified |
No. Absent from legal framework.
|
| Some agency assigned responsibility for verifying submission |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Some agency assigned responsibility for verifying accuracy |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Public availability |
Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article.
(Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Timing of information release specified |
No. Absent from legal framework.
|
| Location(s) of access specified |
Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies.
(Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cost of access specified |
No. The legal framework provides for public accessibility of declarations, but does not specify any fee or cost regime for access. (Article 17(1) of Law No. 52/2019: “The single declarations of income, assets and interests […] are publicly accessible under the terms of this article.”)
(Article 17(1) of Law No. 52/2019) |
| Spouses and children included in disclosure |
Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Real estate |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Movable assets |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cash |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Loans and Debts |
Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad
(Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Income from outside employment/assets |
Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category;
(Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Gifts received as a public official |
Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct.
(Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Private firm ownership and/or stock holdings |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Ownership of state-owned enterprises (SOEs) |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Holding government contracts |
No. Absent from legal framework.
(Absent from legal framework.) |
| Board member, advisor, or company officer of private firm |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| 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 required upon taking office |
Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions
(Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required upon leaving office |
Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term.
(Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required annually |
No. Absent from legal framework.
|
| Ad hoc filing required upon change in assets or conflicts of interest |
Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions:
a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages;
b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article.
(Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for late filing (fines, administrative, and/or criminal) |
Yes. In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty.
(Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for non-filing (fines, administrative, and/or criminal) |
Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate.
Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years.
When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days .
Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years.
(Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) |
Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80%
(Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Depository body explicitly identified |
Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body.
(Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Enforcement body explicitly identified |
No. Absent from legal framework.
|
| Some agency assigned responsibility for verifying submission |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Some agency assigned responsibility for verifying accuracy |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Public availability |
Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article.
(Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Timing of information release specified |
No. Absent from legal framework.
|
| Location(s) of access specified |
Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies.
(Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cost of access specified |
No. Absent from legal framework.
The legal framework provides for public accessibility of declarations, but does not specify any fee or cost regime for access. (Article 17(1) of Law No. 52/2019: “The single declarations of income, assets and interests […] are publicly accessible under the terms of this article.”)
(Article 17(1) of Law No. 52/2019) |
| Spouses and children included in disclosure |
Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Real estate |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Movable assets |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cash |
Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights
(Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Loans and Debts |
Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad
(Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Income from outside employment/assets |
Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category;
(Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Gifts received as a public official |
Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct.
(Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Private firm ownership and/or stock holdings |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Ownership of state-owned enterprises (SOEs) |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Holding government contracts |
No. Absent from legal framework.
(Absent from legal framework.) |
| Board member, advisor, or company officer of private firm |
Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate;
(Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| 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 required upon taking office |
Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions
(Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required upon leaving office |
Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term.
(Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Filing required annually |
No. Absent from legal framework.
|
| Ad hoc filing required upon change in assets or conflicts of interest |
Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions:
a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages;
b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article.
(Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for late filing (fines, administrative, and/or criminal) |
Yes. In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty.
(Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for non-filing (fines, administrative, and/or criminal) |
Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate.
Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years.
When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days .
Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years.
(Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) |
Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80%
(Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Depository body explicitly identified |
Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body.
(Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Enforcement body explicitly identified |
No. Absent from legal framework.
|
| Some agency assigned responsibility for verifying submission |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Some agency assigned responsibility for verifying accuracy |
Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.
(Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Public availability |
Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article.
(Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Timing of information release specified |
No. Absent from legal framework.
|
| Location(s) of access specified |
Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies.
(Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019)) |
| Cost of access specified |
Yes. The legal framework provides for public accessibility of declarations, and does not specify any fee or cost regime for access. (Article 17(1) of Law No. 52/2019: “The single declarations of income, assets and interests […] are publicly accessible under the terms of this article.”)
(Article 17(1) of Law No. 52/2019) |
Portugal
91(72) Political Financing 
76(57) Financial Disclosure 
59(49) Conflict of Interest 
54(59) Freedom of Information 
59(63) Public Procurement 
59(66) Anti Money Laundering 
67(71) Asset Recovery