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August 19, 2022
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Senate postpones conflict of interest law

The bill “That prevents the conflict of interest in the Public Function”, presented by Senator Derlis Osorio, like the similar bills called; “Which establishes duties, prohibitions and incompatibilities applicable to the high positions of the Republic”, presented by Senators Fidel Zavala, Georgia Arrúa and Stephan Rasmussen. And the bill “Establishing the regime of prevention, correction and sanction of conflicts of interest in the Public Function”, presented by the Executive, were postponed for eight days by motion of Enrique Bacchetta, national senator for the ANR (official) .

The projects aim to prevent and punish conflicts of interest. In other words, it seeks to prevent the official’s private interests from influencing his performance in public office. Likewise, the document seeks to prevent a public official from passing to the private sector using knowledge acquired during his performance of functions in the State.

bacchetta

Enrique Bacchetta, national senator for the ANR (pro-government party) and president of the Constitutional Affairs Committee, said that they need eight more days to have the agreed text. “I ask for eight days of time to carry out the treatment of the project,” he said.

REASONS

In the explanatory memorandum, of the project drafted by Osorio, the legislator argues that during the last governments, several senior managers of private companies have gone to the public sector, to perform functions in regulatory agencies and state companies, from where they have had access to privileged information and have made decisions that have had a direct impact on the behavior of the market, often generating a conflict of interest.

“Also at the end of the last governments we have observed how senior public officials have gone on to hold senior management positions in important private sector companies, within the same sector that they had to regulate in the public positions they held in regulatory agencies or ministries, becoming these in habitual practices in the democratic life of our country”, reads part of the project.

The document is also known as the “Revolving Door” project. This is an expression that has its origin in US law, it refers to the passage of some people for high positions in the public and private sectors at various times in their careers, a problem that is located within what is known as conflict of interests.

“A conflict of interest represents a conflict between the public duty and the private interests of an employee, when the employee has private interests that could unduly influence the correct way of carrying out their functions,” explains the planner Derlis Osorio, senator national by the Colorado ruling party.

A similar project has been postponed in the Chamber of Deputies. It is promoted by the deputy Kattya González of the National Encounter party (PEN).



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