Guide for Ethical Performance of Public Service

Through its official website, on September 5, 2020, the Anti-Corruption Office (the “OA” after its acronym in Spanish), released a Guide for Ethical Performance of Public Service (the “Guide”) which is applicable to all the public officers and employees of the Argentine Executive, that is to say, those who carry out public functions at all levels of government and hierarchies.

The Guide is aimed at all those officials or employees who pursue public functions, permanently or temporarily, selected by means of popular election, direct appointment, by tender or by any other legal means within the area of the Argentine Executive.

Thus, the Guide serves as a tool for spreading the main duties, incompatibilities and obligations that the public officials must know and respect to guarantee integrity in the performance of their functions.

The Guide includes information about the following topics:

1. Conflict of interest and incompatibilities
2. Sworn statement of assets;
3. Record of travels, gifts, and interest management hearings;
4. General principles for procurement and contracts; and
5. Guidelines on access to public information.

It should be noted that the Guide was designed by the Undersecretariat of Institutional Strengthening of the Secretariat of Management and Public Employment, under the authority of the Chief of Cabinet, and the Undersecretariat of Integrity and Transparency of the OA for the better performance of public policies in matters of integrity and transparency.

In this regard, the published work is offered as an initial guide of recommendations, with brief and practical definitions, so that these rules can be implemented in their daily management by public officers and employees of the Federal Public Administration.

Although the Guidebook focuses on general regulatory frameworks (Law No. 25,188 on Public Ethics, Decree No. 41/99 that approved the Code of Ethics and Law No. 25,164 on Public Employment, among others), its own text makes clear that other limitations and incompatibilities may be provided by other general legal frameworks or from the specific regime of the function of the relevant individual.