The pre-verification questionnaire to be completed by guests for ministers or secretaries of state contains 36 questions, covers the activities of the past three years and extends to the household.
The questions are in an annex that is part of the resolution of the Council of Ministers approved this Thursday, to which the Lusa agency had access.
The 36 questions are divided into five areas – current and past activities, impediments and conflicts of interest, ownership status, tax status and criminal liability – and address situations that have recently resulted in government layoffs.
For example, in questions 13 and 14, the invited person must answer whether, yes or no, “he/she has performed functions in public bodies or in which the State has a relevant function in the past three years” and whether during the same period “he/she was a beneficiary of any form of financial or fiscal incentive, of a contractual nature, granted by a national or European public authority”.
If the answer is affirmative, he must indicate “what position he held and in which entity” and “why was the reason for the termination of the position, and whether, as a result of that termination, he received any form of remuneration which, in view of the appointment to the position being proposed must return in whole or in part”, as well as “the benefit conferred; the origin of the benefit conferred; as well as the entity that provided the benefit”.
The asset situation section asks about nationally sourced income – referring to the latest IRS filing – but also whether “it has foreign sourced income” and “bank accounts located abroad”, to determine potential tax haven appeal .
If this is the case, it must be indicated “the respective origin, in particular if such income comes from countries, territories or regions with a clearly more favorable tax regime, as well as the paying entity” and also “the origin of the income that is the basis to the acquisition of that asset”.
With regard to criminal liability, anyone invited to exercise government functions must report convictions “for any criminal or administrative offence” of which they have been personally targeted, as well as convictions applied to the legal entity whose organs they are integrating or integrates or that he has managed or held.
According to a government source, this question relates to fines from the Securities Market Commission (CMVM) or the Bank of Portugal.
Still in this chapter, the question is asked whether the candidate “has any pending legal, administrative or disciplinary proceedings in which he/she is directly or indirectly involved (involving one of the members of his household)” and also whether he is aware that any situation in which he has been involved, directly or indirectly, is subject to criminal investigation”.
Other questions are whether “it is insolvent” and whether “a company in which it has held share capital and/or served as a director for the past three years is insolvent”.
Questionnaire is secret after completed and destroyed if candidate does not get started
The government resolution on the prior verification of personalities invited to ministers and secretaries of state stipulates that the completed questionnaire is secret and must be destroyed in case of non-appointment or termination of functions.
These standards are contained in the resolution of the Council of Ministers to which the Lusa office had access and which will come into force “on the day after publication”.
Under the terms of this resolution, personalities invited to become a minister or secretary of state must complete a “verification questionnaire before nominating members of the government to the President of the Republic” and “on completion, the questionnaire shall be classified as a national secret”. .
The resolution stipulates “the destruction of the questionnaire if the person who completed it is not appointed to the government or if he or she ceases to function”.
The destruction and secrecy of the questionnaire responses, according to a government source, is intended to protect those who are candidates for leadership positions.
In case of proposal and appointment, the new members of the government are subject to the respective legal obligations, including the declaration of assets, income, interests and obstacles which this mechanism does not replace.
The same government source added to Lusa that “this is just a tool for political evaluation and it’s about who’s in the nomination circuit.”
In the questionnaire, guests declare for government officials “under oath of honour”, before the Prime Minister or the Minister directly supervising them, “the veracity of the data completed and attached, thereby authorizing the sharing of this information with S. The President of the Republic and/or the Prime Minister, without prejudice to any further clarifications that may be requested”.
The explanatory memorandum to the Council of Ministers’ resolution states that the procedure followed consists of a “political assessment tool, in the framework of the process of appointing a member of the government, which includes consideration of the choice of ministers by the Prime Minister, from the Secretaries of State to the respective Ministers and the proposal, under the terms of the Constitution, from the members of the Government to the President of the Republic”.
“This mechanism does not replace or anticipate compliance with the reporting obligations provided by law, which are intended to ensure the disclosure, as a public rule, of the assets, income, interests and impediments of holders of political office and senior public office , which is subject to the supervision of the legally competent entities,” he emphasizes.
Source: DN
