OFNAC: Sénégal Rapport Défaillances Déclaration Patrimoine Révèle 44% Non-Conformité

• OFNAC's provisional report identifies 1,328 public officials as defaulters in asset declarations, representing nearly 44% of those surveyed.
• The Ministry of Economy, Finance and Plan accounts for the highest number of non-compliant individuals, with 247 cases.
• New legal provisions mandate severe penalties for non-declaration, including salary retention, imprisonment from 6 months to 4 years, and fines.
• OFNAC President Moustapha Ka confirmed that provisional lists of defaulters have been published, and a definitive list will be published after further verification.

The law now prescribes severe penalties for those who fail to comply, including the immediate retention of one-quarter of their salary, imprisonment ranging from six months to four years, and a fine equivalent to one-third of any undeclared assets.

The Office national de lutte contre la fraude et la corruption (OFNAC) recently released a provisional report detailing widespread non-compliance with asset declaration requirements across various Senegalese public entities. This OFNAC rapport défaillances déclaration patrimoine Sénégal indicates that out of 3,023 public officials identified as subject to these regulations, only 1,695 submitted their declarations. This leaves a substantial cohort of 1,328 individuals, nearly 44% of the total, classified as "assujettis défaillants déclaration patrimoine."

The Ministry of Economy, Finance and Plan stands out significantly in this provisional assessment, accounting for 247 of the non-compliant cases, making it the entity with the highest number of defaulters. Following this, the Ministry of Armed Forces recorded 143 instances of non-compliance, while the Justice sector reported 57. The report also highlights that the Ministry of Economy, Finances and Plan, despite having a non-filing rate of 37.9% — which is below the national average — concentrates over 21% of all individuals subject to asset declaration, contributing to its high overall volume of defaults.

Among the specific profiles identified as being in infraction are high-ranking officials such as General Inspectors of Finance, various Customs or Tax mission chiefs, and financial directors from key public structures like APIX and SOGEPA. This provisional data underscores a persistent challenge in achieving full conformité déclaration patrimoine fonctionnaires Sénégal, a concern that OFNAC had previously raised in May when it noted that only 558 declarations had been recorded out of 1,594 subjects, with eight ministries failing to submit their lists entirely.

The findings of the OFNAC report arrive at a time when the legal framework governing asset declarations in Senegal has been significantly strengthened, introducing stringent sanctions non-déclaration patrimoine Sénégal. Public officials who fail to comply with these mandatory declarations now face immediate and severe repercussions. The law mandates an immediate retention of one-quarter of their salary, a measure designed to compel adherence.

Beyond financial penalties, the legal provisions also include criminal sanctions. Individuals found to be in violation can face imprisonment for periods ranging from six months to four years. Furthermore, a substantial fine equivalent to one-third of any undeclared assets will be imposed. These robust measures underscore the government's commitment to enhancing transparency and accountability within the public sector, aiming to deter future instances of non-compliance with asset declaration laws.

The President of OFNAC, Moustapha Ka, has acknowledged that the initial data contains "significant margins of error," but confirmed that OFNAC has now published provisional lists of defaulters. Ka has affirmed that a definitive list of defaulters will be published at a later date, following the completion of all necessary verifications and the processing of any claims. This publication of provisional lists, and the upcoming definitive publication, signals a critical phase for public officials and entities, as it will solidify the identities of those who have failed to meet their legal obligations.

This release of provisional lists, coupled with the severe penalties now enshrined in law, creates a heightened enforcement risk for non-compliance with asset declaration laws. The commitment from OFNAC to proceed with a definitive publication after thorough checks indicates that the current provisional numbers are a precursor to concrete actions. This development is crucial for ensuring greater accountability and transparency across the Senegalese public administration, particularly for those within the ministère Économie Finances Plan Sénégal and other key sectors.

Lawyers advising public officials or entities engaged in public sector interactions in Senegal must be aware of the heightened enforcement risk for non-compliance with asset declaration laws, as OFNAC prepares to publish a definitive list of defaulters. This necessitates advising clients on immediate compliance to avoid severe penalties, including salary retention, imprisonment, and significant fines, and to mitigate reputational and operational risks.

Source: Original reporting via pressafrik