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General Information
GDP USD10.271bn (World ranking 130, World Bank 2012)
Population 2.8 million (World ranking 139, World Bank 2012)
Form of state Parliamentary government
Head of government Norov ALTANKHUYAG
Next elections 2014, legislative

CURRENT LOCAL TIME

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Public Procurement Law (Extract)

(Adopted on: 14 April 2000)

Article 44. Consequence of Breach

44.1. For complaints made prior to entering into contract, the State Administrative Body in charge of Budgetary Issues have power, if satisfied that a decision or action taken by the Tender Committee was in breach of any of the obligations of this Law, to:

44.1.1. make a declaration with regard to the legal rules or principles, which apply, to the subject matter of the proceedings;

44.1.2. Annul or modify any act or decision of the Tender Committee in whole or in part, which inconsistent with this Law;

44.1.3. Instruct the Tender Committee to correct any breaches and to proceed with the procurement procedure following correction.

44.2. Following the commencement of the proceedings and before contract is entered into, the State Administrative Body in Charge of Budgetary Issues may, by interim order and pending its final decision in the case, suspend the procurement procedure or suspend the implementation of any decision or action taken by the Tender Committee where:

44.2.1. The tendered demonstrates that it is more likely than not that he will succeed in his claim;

44.2.2. The tendered is likely to suffer irreparable harm in the absence of a suspension;

44.2.3. The grant of the suspension would not cause considerable harm to the public interest, the Procuring entity or to other tenderness.

Article 45. Complaints to Court

45.1. If the State Administrative Body in charge of Budgetary Issues does not issue a decision by the time specified in 43.9 of this Law or where the decision of the State Administrative Body in charge of Budgetary Issues is not satisfactory, the tendered submitting the complaint may institute proceedings before the Court.

45.2. Following entering of a contract pursuant to a procurement procedure to which this Law applies, proceedings may be brought only before the Court.

Article 46. Remedies

46.1. A breach of any of the obligations contained in this Law by the Tender Committee or its members in the conduct of a procurement procedure that does not constitute criminal offence, shall give rise to remedial action under the Civil Services Law3.

46.2. The Court has the right to make a decision according to Chapter 12 of the Civil Case Court Processing Law4 in the case if decision or activity of the Tender Committee was declared as a breach of this Law and award damages to a tendered who has suffered loss or damage as a result of a breach of this Law.

(Draft)

Chapter One General Provisions

Article 1.Purpose of the law

The purpose of this Law shall be to define the legal basis for anti-corruption activities and the anti-corruption body, and to govern relations concerning them.

Article 2.Anti-corruption legislation

Anti-corruption legislation shall consist of the Constitution of Mongolia,[1] this law and other legal acts adopted in accordance with these laws.

Should an international treaty to which Mongolia is a party provides otherwise than the anti-corruption legislation, the provisions of the international treaty shall prevail.

Article 3.Terms used in this Law

The following terms used in this Law shall be understood as follows:

“Corruption” refers to an official’s use of powers and office for private purposes;

“Private interests” refer to an official obtaining material and non-material benefits by creating an advantage for him/her and other through over- and/or miss-using his/her powers conferred with his/her position and scope of duties;

“Electoral candidate” refers to a candidate running in the elections of the President, the State Great Horal or Citizens’ Representatives Hurls of all instances.

“A foreign public official” refers to an official, elected or appointed to a foreign state’s legislative, operative, administrative or judicial body or performing state functions in a state body or business entity wholly or partially owned by the state of the foreign country.

“An official of an inter-governmental organization” refers to an employee of an international organization or a person entitled to conduct activities on behalf of such an organization.

“Public enlightenment activities” refer to a set of activities aimed at creating zero tolerance for corruption, instilling anti-corruption behavior among the citizens, and mobilizing their participation in anti-corruption activities.

“corruption prevention work” refers to a set of activities aimed determining and eliminating the root causes for corruption crimes, preventing from occurring and bringing to a halt such crimes.

Article 4. Persons subject to the legal governance

4.1. The following officials and other persons shall be subject to the governance by this law:

Civil servant holding a political, administrative, and special post specified in the Law on Civil service[2];

Civil servant holding a supervisory and operative post at state service body;

Civil servant holding supervisory and administrative posts at a business entity wholly or partially state owned;

supervisory and operative official of a non-governmental organization performing specific duties of a state operative body temporarily or permanently in accordance with the procedures specified in the legislation;

Electoral candidates;

Foreign public official;

Official of an inter-governmental organization

The individual and legal entity who illegally provided a reward or benefit, and advantage to an official specified in provision 4.1 of this law is also subject to this law.

Chapter Two Anti-Corruption Public Enlightenment and Corruption Prevention Work

Article 5. Responsibilities of the state, economic entities, organizations and citizens with respect to anti-corruption public enlightenment

The state, economic entities and organizations shall have the following general responsibilities irrespective of their jurisdiction and type of property:

expand opportunities for citizens, non-governmental organizations and the general public to comment and hold public discussions on drafts of laws and other decisions debated by the State Great Horal;

Regularly inform citizens on newly adopted legislation and ensure unhindered access to this kind of information by citizens and organizations;

involve research and training institutions and non-governmental organizations in the study of corruption; anti-corruption training; production of books, manuals and training materials on corruption; and development of training programs on combating corruption;

Preschool, primary, secondary and tertiary educational institutions shall organize training and educational activities based on special curricula to instill anti-corruption attitudes in children and adults and equip them with necessary knowledge and skills related to corruption;

informal education institutions and off-school training and education economic entities, organizations and citizens shall, within the scope of their work, inform adults and children on the nature of corruption and its effects on the society, and assist adults and children in improving their knowledge and awareness of corruption using a special anti-corruption curriculum;

Media organizations shall regularly disseminate news and information pursuing a programmatic and editorial policy to develop an atmosphere of zero tolerance for corruption among the general public;

All citizens shall participate in enlightenment work on combating corruption.

Article 6. Responsibilities of the state, economic entities, organizations and citizens with respect to corruption prevention

In addition to implementing the activities specified in Article 7 of the Law on Prevention of Crimes[3], state bodies of all levels shall have the following general responsibilities:

widely inform the public regarding the issues of public interest before formulating policies or making decisions on specific directions, provide public stakeholders with opportunities for consultation in order to voice their opinions and propose and implement specific methods of monitoring;

Ensure greater transparency and openness of the monitoring process;

Regularly inform the public on budget revenues and expenditures, foreign loans and aid and their allocation;

unless otherwise provided by the law with respect to specific government institutions and their activities, make government procedures for issuing licenses and authorizations, registration, monitoring and competitive selection open to the general public and provide citizens with opportunities to review these procedures;

Clarify job descriptions of each civil servant, develop a list of items prohibited to them in relation to their official duties according to the provisions of this law and enforce that list of prohibitions;

increase the participation of non-governmental organizations in the process of monitoring whether state institutions are conducting openly their activities in accordance with the interests of the citizens, cooperate with non-governmental organizations, exchange information, and regularly inform the public;

improve the monitoring of the implementation of code of ethics of public servants and ensure public servants’ compliance with the principle of listening to citizens’ requests and proposals and being accountable for his/her work;

Create conditions for ensuring that decisions issued by state institutions shall be understandable, open and accessible to citizens and other stakeholders;

Review and monitor assets and income declarations of public officials specified in this law, review and resolve related information and complaints;

Reduce the red tape in receiving and resolving citizens’ complaints and requests;

Take measures to reveal and stop corrupt actions and remove their negative consequences within the scope of own jurisdiction;

Support non-governmental organizations and voluntary movements aiming at corruption prevention activities;

Public officials of all levels of government shall refer corruption cases revealed during the exercise of their official duties to the Anti-corruption body if investigation and resolution of such cases is beyond their jurisdiction.

Limitations set under the laws on secrecy of the state, organizations and individuals shall not apply to the provision 6.2 of this law.

It shall be prohibited for economic entities and organizations, except those providing direct services to government, to occupy office space in buildings housing courts and prosecutors’ offices, and if not specified otherwise on the law central government offices, government agencies.

It shall be prohibited to conduct political campaigning and fundraising in buildings specified in provision 6.4. Of this law.

Economic entities, organizations and citizens shall have the following general responsibilities for corruption prevention in addition to the rights and responsibilities specified in Articles 9 and 10 of the Law on Prevention of Crimes;

Define and adopt a code of ethics for non-governmental organizations and make their financial reports public;

Define and comply with the norms of business ethics in the private sector.

Organizations and business entities that were given resolutions, official assignments, and recommendations from the National Anti-corruption Council regarding anti-corruption activities and decisions from anti-corruption body are obliged to take relevant measures and report back on time.

Organizations and officials shall have a duty to revisit and invalidate orders, decisions, procedures and rules that cause corruption.

The official who did not perform his/her duties with respect to prevention and combating of corruption shall be subject to a disciplinary penalty by an empowered official of a supervisory body.

An official who violated provisions specified in 6.7 of this law shall be fined with MNT 150,000-200,000.

Article 7.Items prohibited for the purposes of corruption prevention

Officials specified in provisions 4.1.1-4.1.3 of this law shall be prohibited to do the following actions in addition to those specified in the Law on Civil Service:

exert pressure on other organizations’ activities on matters unrelated to his/her official duty, using the power of his/her position and working relations established with others based on the power;

illegally grant a preferential status to an individual or a legal entity in resolving issues within the scope of his/her official position and to obstruct procedures for issuing a lawful decision;

Attempt to exert illegal influence on the work of officials holding positions of similar rank, subordinates or monitoring officials;

enjoy preferential right, using official position, to purchase securities or assets by loans, afford such advantages to others, limit the rights of others and use budget and donation funds for purposes other than those officially stated;

Commit other actions for purposes of gaining illegal income, profit, and advantages using his/her official position.

Provisions in 7.1.1 to 7.1.5 shall refer to the official specified in 4.1.4 of this law.

Article 8. Assets and income declaration

The State Great Horal shall adopt the list of officials who must report an asset and income declaration.

An official and electoral candidate (hereinafter referred to as “a declarer”) shall have the duty to truthfully and accurately declare his/her assets and income.

Assets and income declaration shall cover immovable property, vehicles, livestock, animals, land, salaries, awards, income from business activities, dividends, rent, checks, loans, receivables, debt, payments, credit, securities, gifts with values exceeding the amount salary for two months, costs of domestic and international travel paid for by other persons or entities, and their sources for himself/herself and his/her family members.

The declarer shall submit his/her assets and income declaration to relevant organizations or officials within 30 days of election or appointment to the office and after that annually within February 15 of each year for the duration of his/her service.

Candidates in the elections of the President and the State Great Horal shall submit their assets and income declarations to the General Election Committee and candidates in elections of Citizens Representatives Hurls of all levels shall submit their declarations to the respective aiming, capital city, sound or district electoral committees.

Article 9.Registering and storing assets and income declarations

The following organizations or officials shall register the receipt of and store assets and income declarations within the period specified by the law:

the Anti-corruption body shall receive assets and income declarations of high level government officials, officials holding comparable positions and high level management officials of economic entities partially or wholly owned by the state;

The General Election Committee shall receive assets and income declarations of candidates in the elections of the President and the State Great Horal and the respective electoral committees shall receive declarations of candidates in the elections of Citizens Representatives Hurls of all levels;

The General Council of Courts shall receive declarations of judges of all instances;

The Civil Service Council shall receive declarations of officials who are appointed by the cabinet;

Assets and income declarations of other officials shall be received by officials with authority to appoint or supervise them.

Officials specified in provisions 9.1.3-9.1.5 of this law, responsible for the registration, shall submit the declarations to the Anti-corruption body along with a report within 14 days of receiving assets and income declarations of officials within the period specified in provision 8.3 of the law, the declarations shall be stored at the Anti-corruption body.

The General Election Committee and the respective electoral committees shall submit assets and income declarations of candidates in the elections of the President, the State Great Horal and candidates in the elections of Citizens Representatives Hurls of all levels respectively to the Anti-corruption body within 7 days after receiving the declarations, declarations shall be stored at the Anti-corruption body.

The Cabinet shall set the format of the assets and income declaration and approve procedures for registering, storing and amending the declarations.

Article 10. Secrecy of assets and income declarations

10.1 An assets and income declaration involves personal secrecy; issues pertaining to it shall be governed under the law on Personal Secrets.[4]

10.2 An official responsible for the registration of assets and income declarations is prohibited to reveal information about the declarer’s own or his/her family members for any purpose without the permission of the declarer and in cases other than permitted by the law while serving or after ceasing to work in the same position.

The official who violated provision 10.2 of this law shall be held accountable under the law on personal secrets.

In the case the declarer retired, left his/her position, was dismissed or relieved of duties, and his/her term of office has expired, his/her assets and income declarations shall be stored at the Anti-corruption body for 5 years and transferred to him/her or if passed away to his spouse or children.

Article 11. Review and inspection of assets and income declarations and basis for liabilities

The Anti-corruption body shall review and analyze the assets and income declarations.

The official in charge of the registration of the assets and income declarations shall verify if the declaration in compiled with no corrections and fully and was submitted in due time, the official has a right to demand that the declarer comply with the set procedures and regulations in compiling and submitting his/her declaration.

The Anti-corruption body shall inspect, upon its own initiative, undertake inspection based on information from officials specified in Article 13.1 of this law and from citizens and based on media reports.

Failure of officials specified in Article 9.1.1, 9.1.3, and 9.1.4 and officials of the prosecutors’ office, police, tax, customs and professional control organizations to submit their assets and income declarations in due time, specify sources of their income and assets, or explain how they obtained their assets and income shall be considered as sufficient ground for inspecting their declarations and the Anti-corruption body shall promptly undertake the inspection of the declarer’s assets and income.

Failure of an official to submit his/her assets and income declaration shall serve as aground for the dismissal from his/her office.

Declarers shall have the duty to give objective and truthful explanations for the sources of their assets and income.

Failure of an official to register the assets and income declaration, to perform the review, and submit the relevant documents within the period specified in provision 9.2 of this law shall be fined with MNT 100,000-150,000.

Article 12. Public disclosure of assets and income declarations

Total sum of the assets and total cash value of the income of high level government officials and officials holding comparable positions shall be open to the general public.

The Anti-corruption body shall have a duty to report annually and regularly to the general public on how officials are complying with the regulations on declaring their assets and income.

Article 13. Informing on corruption

The following officials shall have the duty to immediately inform the Anti-corruption body on corruption-related activities encountered by them during the exercise of their official duties:

Judges;

Prosecutors;

Police or intelligence officers;

Public audit and professional control agents;

Central and local government officials.

Limitations related to the confidentiality of state, organizational and personal secrets specified by the law shall not apply to the implementation of the duties by the officials specified in Article 13.1 of this law.

The official who violated provision 13.1 of this law shall be fined with MNT 200,000-250,000.

Article 14. Submitting application, complaint or information

A citizen or a legal entity may submit corruption-related application, complaint or information to the Anti-corruption body.

The Anti-corruption body shall deal with thus issued applications, complaints or information according to relevant laws.

Chapter Three National Council, Its Full Powers

Article 15. National Council

15.1 A National council (hereinafter referred to as “the Council”) shall operate with main duties of organizing anti-corruption enlightenment among the public and corruption prevention activities nationwide.

15.2 The Council shall operate a sub-council at images and capital city with unofficial members. The duties of the sub-council shall be performed by the crime prevention council headed by the speaker of the citizens’ representative meeting of images and capital city.

Article 16. Composition and organization of the Council

16.1 The Council shall be comprised of a Chairman, unofficial members, and Secretary.

16.2 The Council shall be headed by a deputy chairman elected from the majority group of the State Great Hural.

16.3 The President of Mongolia shall approve the composition and bylaws of the Council.

16.4 The Council shall solve issues pertaining to its powers at its meetings.

16.5 The Council shall have an administration office. The Council secretary shall be the head of the administration.

16.6 Expenses required for operations of the Council and administration shall be financed by the central budget.

16.7 Budgets of sub-councils in images and capital city shall be financed by the respective local budgets.

16.8 The council shall use a stamp and a letterhead produced in compliance with set procedures and has a bank account.

Article 17. Powers of the Council

17.1 The Council has the following duties:

17.1.1 Coordinate anti-corruption public education and corruption prevention activities at a national level, develop a unified plan of action, and provide methodological guidance;

17.1.2 Develop a corruption index and conduct a study of the scope, forms and causes of corruption at least once in two years and inform the general public and relevant organizations specified in this law;

17.1.3 Support and assist anti-corruption activities, proposals and initiatives of non-governmental organizations, community groups and individual citizens;

17.1.4 Conduct continuous educational work on harmful effects of corruption on the society in cooperation with media and non-governmental organizations;

17.1.5 Create a legal environment for anti-corruption and corruption prevention, organize its improvement;

17.1.6 Provide all kinds of support to operations of anti-corruption body.

17.2 The sub-council shall coordinate enlightenment of the general public in anti-corruption and corruption prevention activities include actions in this respect in the action plan for crime prevention and arrange their execution, report to the National Council on outcomes.

17.3 The council shall report to the State Great Horal on activities aimed at enlightenment of the general public in anti-corruption and corruption prevention on an annual basis.

17.4 The council has the following powers:

17.4.1 Make recommendations on enlightenment of the general public in anti-corruption and corruption prevention;

17.4.2 Obtain and review necessary information and other documents from business entities, organizations, officials, and individuals free of charge, obtain an expert’s conclusion;

17.4.3 review the implementation of anti-corruption legislation, resolutions, orders, and recommendations by the Council in entities and organizations irrespective of their type of property, form, and jurisdiction, analyze presentations and briefings by their management, provide orders and directions;

17.4.4 Organize national and local meetings, seminars and conferences on issues pertaining to its powers;

17.4.5 involves scientific and academic staff in particular works related to enlightenment and prevention with consent of their supervisors;

17.4.6 Reward business entities, organizations, and individuals who have taken an active part in enlightenment and prevention works;

17.4.7 Refer the failure of an official to execute resolutions, orders, and recommendations by the Council and to execute on time to the relevant authority and obtain a feedback;

17.4.8 Refer requests, complaints, and information on corruption from individuals and legal entities to the relevant authority for investigation;

17.4.9 Arrange collaboration with relevant foreign and international organizations on an-corruption issues, exchange information;

17.4.10 implement projects aimed at corruption prevention in cooperation with donors, international organizations, governmental and non-governmental organizations on national, regional, aiming, and capital city levels;

17.4.11 makes proposals on anti-corruption policy decisions and improvement of anti-corruption legislation to the relevant authorities;

17.4.12 discuss reports on operations the anti-corruption body except operative and investigation.

Article 18. Powers of members of the Council

18.1 Council members shall exercise the following powers:

18.1.1 Make a proposal for discussion at the council meeting;

18.1.2 Be in charge of particular issues pertaining to the scope of duties of the council, inform the council on performance and outcome;

18.1.3 under a decision from the council review activities carried out at business entities and organizations for enlightenment of the general public in anti-corruption and corruption prevention, provide guidance and advice;

18.1.4 Obtain information and reports from business entities and organizations on activities aimed at enlightenment of the general public in anti-corruption and corruption prevention.

18.2 The council members shall not disclose secrecy pertaining to operations of the anti-corruption body.

Article 19. Powers of the Chairman of the Council

19.1 The Chairman of the council shall exercise the following powers in addition to those of a member of the council:

19.1.1 Decide the agenda of council meetings schedule and chair the meetings;

19.1.2 Approve the structure and number of staff of the administration office, appoint and release the council secretary and staff;

19.1.3 Supervise the implementation of decisions from the council;

19.1.4 Make a proposal to the President of Mongolia on changing and increasing the composition of the council;

19.1.5 Appoint a member to chair the council meeting in his/her absence;

19.1.6 Other powers specified in the law.

19.2 The Chairman of the council shall pass an order on issues pertaining to his/her powers.

Chapter Four Anti-Corruption Body and Its Powers

Article 20. Anti-corruption body

The Anti-corruption body under the National general prosecution office is a special government body charged with duties for educating the public on anti-corruption matters, providing methodological governance for corruption prevention, detecting and investigating corruption cases, and supervising and reviewing assets and income declarations by officials.

The Anti-corruption body may have under its jurisdiction a body charged with the duty of doing surveys and investigations on anti-corruption issues.

The State Great Horal shall decide on the establishment, reform, and dismantling of the Anti-corruption body based on recommendations of the National Security Council.

The organizational structure and bylaws of the Anti-corruption body shall be approved by the President of Mongolia.

The Anti-corruption body shall have its logo. The design and procedures for the use of the logo shall be approved by the President of Mongolia.

The Anti-corruption body shall use a stamp, a logo and an official letterhead developed in accordance with set procedures.

Article 21. General principles of operation of the Anti-corruption body

The Anti-corruption body shall abide by the principles of having centralized and independent leadership structure, respecting the law, being independent, being transparent, and not divulging the secrecy.

It is prohibited for any organization, official or individual to influence or interfere in the operation of the Anti-corruption body.

Article 22. Powers of the Anti-corruption body

The Anti-corruption body shall have following full powers:

Conduct operative work, cooperate with agencies authorized to conduct intelligence work in order to detect and stop corruption crimes;

Investigate corruption cases defined by the law within its jurisdiction;

Refer other illegal acts uncovered in the process of investigating corruption cases to relevant organizations for investigation;

Buy information and data pertaining to its cope of duties, develop an information network for receiving reports from citizens and maintain the confidentiality of information.

If necessary, place witnesses and other persons who assisted in anti-corruption work under the protection of the police or intelligence agencies;

Obtain written guarantees from officials and citizens to maintain the confidentiality of information they shall be exposed to in the course of operative work, inquiry or investigation activities to prevent information leakage;

obtain necessary information, studies, explanations, certificates and other documents free of charge from economic entities, organizations, officials and citizens, review these materials and order expert analyses and certificates;

review legal acts by state bodies or officials if the body deems that conditions conducive to corruption have been formed, propose annulment of these acts to respective state bodies and officials;

Do surveys and analysis, obtain assistance from specialized institutions, and involve their staff;

Maintain records that will assist in anti-corruption activities, establish and make use of information database and network;

Take measures to ensure security of the body and its staff;

Issue recommendations on anti-corruption education and enlightenment and corruption prevention activities.

Develop and contribute proposals to the improvement of state policies and legislation on anti-corruption and issuing anti-corruption resolutions;

The Anti-corruption body may investigate particular cases in collaboration with the policy and intelligence authorities under a decision from the Prosecutor General.

In exercising its full powers, the Anti-corruption body shall comply with this law, the law on operative work[5], the Criminal Procedure Code[6], and the Law on Administrative Responsibilities.[7]

Article 23. Officer of the Anti-corruption body, requirements imposed on him/her

Officer of the Anti-corruption body is a special public servant who has sworn the oath specified in this law and is fulfilling the duties of the anti-corruption body.

An officer of the Anti-corruption body shall be a citizen of Mongolia with no criminal records, no record of penalties for violating the code of ethics or his/her official duties in the course of working as a public servant, has at least a bachelor’s degree, and is highly professional.

The ethical and disciplinary codes of officers of the Anti-corruption body shall be approved by the President of Mongolia.

The legal status of administrative and service officers of the Anti-corruption body shall be governed by the Law on Civil Service, Labor law[8], and other legislation.

Article 24. The Oath of the Officer of the Anti-corruption body

An officer of the Anti-corruption body shall swear the following oath to the Constitution of Mongolia immediately upon his/her appointment: “I, the officer of the Anti-corruption body, swear to honestly combat corruption solely is guided by the rule of law, unaffected by external influence. Should I violate this oath, I shall be held accountable by the law.”

The procedures for the Ceremony of Swearing the Oath shall be approved by the President of Mongolia.

Article 25. Ranks and uniforms of officers of the Anti-corruption body

Officers of the Anti-corruption body shall have the ranks of the Chief Commissioner, Second Chief Commissioner, Vice Commissioner, Commissioner, and Assistant Commissioner.

Ranks of Chief Commissioner and Second Chief Commissioner shall be conferred by the order of the President. Other ranks shall be conferred by the order of the Head of the Anti-corruption body.

Type of position, length of service, and level of professionalism shall be taken into account in conferring ranks.

Officers of the Anti-corruption body shall have uniforms. The uniforms shall carry insignia specifying the rank of the officer.

Anti-corruption body’s rules of conferring ranks, the design of the uniform, and the procedures of its use shall be approved by the President of Mongolia.

Article 26. Appointment of the head and deputy head of the Anti-corruption body, terms of their office

The head, scope of work, the deputy head in charge of corruption investigation matters shall be appointed for 6-year terms by the President of Mongolia based on proposals by the Prosecutor General.

The person to be appointed as the head or deputy head of the Anti-corruption body shall fulfill the following criteria in addition to the requirements specified in provision 23.2. Of this law:

A candidate for the office of the head of the Anti-corruption body shall have worked in public service for at least 5 years, is at least 40 years of age, have operative and investigation work background and experience, and is a lawyer;

A candidate for the office of the deputy head of the Anti-corruption body shall have worked in public service for at least 10 years, have operative and investigation work background and experience, and is a lawyer;

Has not held

(Enter into force on: 1 September, 2002)

Article 150. Misappropriation or embezzlement of property

150.1. Misappropriation or embezzlement of a business entity, organization or citizen’s property committed by a person to whom such property was entrusted, or by abuse or excess of one’s office shall be punishable by a fine equal to 5 to 50 amounts of minimum salary with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years, or by incarceration for a term of 1 to 3 months.

150.2. The same crime committed repeatedly, in a group or if it has caused damage in a large amount shall be punishable by incarceration for a term of 1 to 3 months with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 5 years, or imprisonment for a term of up to 5 years.

150.3. The same crime if it has caused damage in an extremely large amount shall be punishable by imprisonment for a term of more than 5 to 10 years with confiscation of property.

Article 152. Appropriation of the given into custody or otherwise entrusted property

152.1. Intentional appropriation or embezzlement of the given into custody property or livestock shall be punishable by a fine equal to 25 to 75 amounts of minimum salary, or by incarceration for a term of 1 to 3 months.

Article 170. Obtaining of illegal remuneration

170.1. Obtaining repeatedly or in a large amount remuneration by way of abusing his/her official duties of performance of work or rendering of services committed by an employee of a competent authority authorized to issue licenses by way of creating impediments which does not constitute a crime of malfeasance shall be punishable by a fine equal to 100 to 150 amounts of minimum salary with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years, incarceration for a term of more than 3 to 6 months or imprisonment for a term of up to 2 years.

Article 246. Failure to report a crime

246.1. Failure to inform a relevant authority or official about a known to be prepared or committed murder (Article 91), intentional infliction of a severe bodily injury (Article 98), kidnapping (Article 108), taking of hostages (Article 112), (rape in aggravating circumstances (Article 126, paragraphs 2 and 3), theft in aggravating circumstances (Article 145, paragraphs 2, 3 and 4), taking away of other’s property in aggravating circumstances (Article 146, paragraphs 2, 3 and 4), fraud in aggravating circumstances (Article 148, paragraphs 2, 3 and 4), misappropriation and embezzlement of other’s property (Article 150, paragraphs 2 and 3), 147), robbery (Article 147), forgery of banknotes and securities (Article 176), banditry (Article 177), hijacking (Article 225), giving, accepting of a bribe or intermediation in bribery in aggravating circumstances (Article 268, paragraph 2, Article 269, paragraph 2) shall be punishable by a fine equal to 51 to 80 amounts of minimum salary, or by incarceration for a term of 1 to 3 months.

246.2. Failure to inform a relevant authority or official about a known to be prepared or committed high treason (Article 79), espionage (Article 80), act of terrorism against a state or public figure (Article 81), plot with a view to seize the state power (Article 82), sabotage (Article 84), … (Article 85) shall be punishable by imprisonment for a term of 1 to 3 years.

Article 247. Concealment of crimes

247.1. Concealment without an advance promise of committed murder (Article 91), intentional infliction of a severe bodily injury (Article 98), kidnapping (Article 108), taking of hostages (Article 112), rape in aggravating circumstances (Article 126, paragraphs 2 and 3), theft in aggravating circumstances (Article 145, paragraphs 2, 3 and 4), taking away of other’s property in aggravating circumstances (Article 146, paragraphs 2, 3 and 4), fraud in aggravating circumstances (Article 148, paragraphs 2, 3 and 4), misappropriation and embezzlement of other’s property (Article 150, paragraphs 2 and 3), 147), robbery (Article 147), forgery of banknotes and securities (Article 176), banditry (Article 177), hijacking (Article 225), giving, accepting of a bribe or intermediation in bribery in aggravating circumstances (Article 268, paragraph 2, Article 269, paragraph 2) shall be punishable by 300 to 400 hours of forced labor or imprisonment for a term of up to 4 years.

247.2. Concealment without an advance promise of high treason (Article 79), espionage (Article 80), act of terrorism against a state or public figure (Article 81), plot with a view to seize the state power (Article 82), sabotage (Article 84), …(Article 85) shall be punishable by imprisonment for a term of 2 to 5 years.

Article 268. Receiving of a bribe

268.1. Receiving of a bribe by an official exclusively in view of his/her official post for a support or connivance in office, a favorable solution of issues within his/her competence, or for a performance or a failure to perform in the interests of the person giving the bribe of any action which this person should have or could have performed using hi/her official post, with or without an advance promise to do so shall be punishable by a fine equal to 51 to 250 amounts of minimum salary or imprisonment for a term of up to 5 years with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.

Article 269. Giving of a bribe

269.1. Giving of a bribe to an official in person or through an intermediary shall be punishable by a fine equal to 51 to 250 amounts of minimum salary or imprisonment for a term of up to 3 years.

269.2. The same crime committed repeatedly, by a person who previously was sentenced for this crime, by an organized group, or a criminal organization shall be punishable by imprisonment for a term of more than 5 to 8 years.

Note: a person who voluntarily confesses to a competent authority giving of the bribe shall be released from criminal liability.

Article 279. Intermediation in bribery

270.1. Intermediation in bribery shall be punishable by a fine equal to 5 to 50 amounts of minimum salary or by incarceration for a term of 1 to 3 months.

270.2. The same crime committed repeatedly, by a person who was previously sentenced for bribery, as well as by way of using one’s official position shall be punishable by a fine equal to 51 to 250 amounts of minimum salary with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years or by imprisonment for a term of up to 5 years.

Note: A person who voluntarily reports to the competent authority about Intermediation in bribery shall be released from criminal liability.

Article 281. Sale, embezzlement, and misappropriation of the military property and ammunition

281.1. Embezzlement of weaponry, ammunition, transportation means military equipment, machinery or other supplied military property by sale, gift or pledge committed by a regular or contract serviceman that has caused damage or destruction thereof in a large amount shall be punishable by incarceration for a term of more than 3 to 6 months.

281.2. Embezzlement of weaponry, ammunition, transportation means military equipment, machinery or other military property or failure to perform the duties of their protection committed by a regular or contract serviceman that has caused damage or destruction thereof in a large amount shall be punishable by imprisonment for a term of up to 5 years.

281.3. The same crime committed at war time or in a war situation shall be punishable by imprisonment for a term of more than 5 to 8 years.

Mongolia – Know Your Customer (KYC) Rules

Mongolia is not a regional financial center. There are few financial and economic crimes, although numbers have increased in the last five years. Mongolia is vulnerable to low-grade transnational crime due to the growth in tourism, investment, and remittances from abroad, but the overall rate of these crimes has not increased. The increase in reports of suspicious transactions is more likely a product of the increasing effectiveness and experience of the Bank of Mongolia‘s Financial Information Unit (FIU).

Mongolia‘s limited capacity to monitor its extensive borders with Russia and China is a liability in the fight against smuggling and narcotics trafficking, but drug use and trafficking remain limited and unsophisticated. There is a black market for smuggled goods, which appears largely tied to tax avoidance rather than drug trafficking. There are no indications that international narcotics traffickers exploit the banking system, and no instances of terrorist financing have been reported.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: YES

Mongolia – KYC covered entities

The following is a list of Know Your Customer entities covered by Mongolian Law:

    • Banks
    • Non-bank financial institutions
    • Savings and credit cooperatives
    • Insurance companies
    • Securities dealers
    • Foreign exchange units
    • Pawnshops and casinos (though casinos are currently prohibited in Mongolia)

Mongolia – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 56 from January 1 – November 1, 2011

Number of CTRs received and time frame: Over 300,000 from January 1 – November 1,2011

The following is a list of STR covered entities covered by Mongolian Law:

    • Banks

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: None
Convictions: None

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

The Bank of Mongolia‘s FIU expanded international cooperation by signing MOUs with the FIUs of Taiwan, Slovenia and Moldova. The Government of Mongolia (GOM) should strengthen cooperation by implementing a system for the identification and forfeiture of assets, along with arrangements for asset sharing. The GOM should also provide safe harbor protection for individuals and entities filing STRs and cooperating with authorized investigations, while also criminalizing ―tipping off‖ subjects of this reporting.

Although the Parliament passed a law on December 24, 2009, which improved AML/CFT efforts, it failed to bring Mongolia into compliance with international standards, and it is not clear that the GOM has the capacity fully to enforce this law. Deficiencies include inadequate criminalization of money laundering and terrorist financing, lack of adequate procedures to identify and freeze terrorist assets, and the absence of a fully operation and effectively functioning financial intelligence unit, among others.

The GOM should work to improve its legal framework by passing amendments to bring its system fully in line with international standards and dedicate the necessary resources to enforce the provisions. While highly professional, the FIU appears under-staffed, and coordination with other law enforcement organizations reportedly remains deficient. The increasing financial flows in advance of an expected mining-driven boom create a distinct challenge to the Mongolian FIU. Although five cases were opened during the year, the lack of a single successful prosecution to date illustrates the enforcement problem.

Risk

Sovereign risk

Mongolia’s sovereign risk rating has deteriorated from B in our previous review to CCC in this latest assessment. The downgrade was driven largely by the World Bank’s sharp upward revisions to its data on Mongolia’s external debt. As a result of the changes, the country’s external debt burden now looks far less sustainable.

Banking sector risk

Mongolia’s banking sector risk rating remains at CCC. A poorly judged government policy to encourage mortgage lending is likely to have a negative impact on banking sector stability in 2015-16.

Political risk

The Democratic Party (DP) should continue to dominate all branches of government until parliamentary elections in mid-2016. However, Mongolia’s political volatility was illustrated by the ousting of the DP prime minister, Norov Altankhuyag, in November 2014. (The new DP-led œgrand coalition government controls 67 of the legislature’s 76 seats.) Problems such as corruption and weak bureaucratic capacity also keep political risk higher than it would otherwise be.

Economic structure risk

The economy’s dependence on commodity exports leaves it exposed to swings in Chinese demand and to global commodity price movements. Mounting levels of external public debt have added a further element of risk.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

Violent crime occurs, even in daylight and on busy streets. Foreigners are increasingly the target of street crime, especially in Ulaanbaatar and other major cities and in tourist areas. Cases of assault and robbery significantly increase in the weeks leading up to major local holidays in Ulaanbaatar. After dark, stick to well-lighted busy streets and do not walk alone.

Passengers have been robbed, sometimes violently, by taxi drivers or by thieves waiting for them as they step out of a taxi. Use a reliable taxi company in Ulaanbaatar, as regular taxis (private cars without taxi signs) are unsafe. For a list of reliable companies, contact the Embassy of Canada in Ulaanbaatar.

Be particularly cautious in the area surrounding the State Department Store in Ulaanbaatar, where foreigners have been mugged. Beware of pickpockets.

Foreigners have also been robbed by individuals posing as police officers, particularly in the Sukhbaatar Square area. If approached, ask to see police credentials or offer to go to the police station. Exercise caution in crowded areas, including open-air markets, the central post office and the Gandan Monastery, as well as when using public transportation.

Individual travellers have been harassed at border crossings. Thefts occur frequently on trains between Mongolia and Russia.

Foreign companies have received threats of violence.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. Avoid all demonstrations and be vigilant in areas where there are large crowds and gatherings.

Transportation

Traffic drives on the right. Road conditions are poor. Driving can be hazardous, especially in rural areas. Drivers have little regard for traffic regulations and do not follow safe driving practices. Accidents occur frequently. Access to rural areas can be hampered by heavy snowfalls during the winter months.

The use of public transportation and regular taxis is considered to be unsafe. Contact the Embassy of Canada for advice on reliable taxi services. Use licensed taxis equipped with meters, regardless of the distance of the journey. Make arrangements for taxi service through your hotel.

See Transportation Safety in order to verify if national airlines meet safety standards.

Summary

Mongolia GDP Last Previous Highest Lowest Unit
GDP 11.52 10.32 11.52 0.77 USD Billion
GDP Growth Rate 7.40 11.70 17.50 -9.30 percent
GDP Annual Growth Rate 4.40 7.80 17.50 -9.30 percent
GDP per capita 1795.53 1631.31 1795.53 655.07 USD
GDP per capita PPP 9132.31 8297.05 9132.31 3331.80 USD
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