EUROPAM

European Public Accountability Mechanisms

Cyprus

Country score (European Average*)
  • 71(67) Political Financing
  • 51(50) Financial Disclosure
  • 68(41) Conflict of Interest
  • 22(56) Freedom of Information
  • 62(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)30,840
Population, total1,165,300
Urban population (% of total)66.9
Internet users (per 100 people)69.3
Life expectancy at birth (years)80.3
Mean years of schooling (years)11.6
Global Competitiveness Index4.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Political Parties Act 2012 and amendment 129(I) 2015 GR (1) and amendment 12(I)2015 GR are the main laws regulating the financing of political parties in Cyprus. These laws and amendments brought about changes from 2012 whereby the Law to Provide for the Registration, the Funding of Political Parties and Other Matters Incidental Thereto (2011) was abolished. 

There are minimal restrictions on the private income of political parties in Cyprus. Donations from foreign entities are not permitted. Donations from corporations are allowed unless they are partially owned by the government. There do not appear to be prohibitions on donations from anonymous donors or trade unions. The laws impose limits on the amount that can be donated. 

Public funding is available for political parties and is allocated according to the number of votes received in the previous election. There appears to be no subsidized media access but tax relief is available as a form of indirect funding. 

There are regulations on spending such as vote buying and on the use of state resources being used in favour or against a political party or candidate. There are also limits on the amount that political parties can spend. 

Parties are required to keep annual accounts. Candidates are required to report on the campaign finances but the reports do not need to reveal the identity of donors. Accounts are to be made public. The accounts are overseen by the Auditor General of the Republic. There are sanctions for breaches of the provisions of the law in the form of fines, the loss of public funding and also under the criminal law.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income393947
Public funding626262
Regulations on spending10010075
Reporting, oversight and sanctions838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. It shall not be permitted to a political party to accept private contributions of any kind from companies controlled by other states (Political Parties Act 2012, amended 2015, article 5(1) (g))
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Companies are permitted to donate up to 50,000 Euros annually. (Political Parties Act 2012, amended 2015, article 5(1)(a) )
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. art. 5(1)(c) There shall be permitted a named private donation from registered companies or from physical persons, to political parties on condition that the activities of the said companies or physical persons are not illegal. (Political Parties Act 2012, amended 2015, article 5(1)(c) )
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. art. 5 (1)(e) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control. (Political Parties Act 2012, amended 2015 article 5(1)(e) )
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. Depends on the meaning of legal entities art. 5 (1) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control or from companies which are not registered in the Republic, in accordance with the provisions of the Companies Law. (Political Parties Act 2012, amended 2015, article 5(1))
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes . (1)(b) Anonymous donations are not permitted. According to article 5(1)(b), in addition to the state funding, a political party may accept private donations only from registered phsycal persons or legal entities. (5) Each political party shall keep a special register containing the amount of donations and the personal information of the donator. (Political Parties Act 2012, amended 2015, article 5 (1)(b) and 5 (5))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. (1) There shall not be permitted to a political party to accept private donations of any kind from legal entities of public or private law over which the state exercises control or from companies which are not registered in the Republic. (Political Parties Act 2012, amended 2015, article 5(1)(c), 5(1)(d) and 5(1)(e))
Is there a ban on any other form of donation? Yes. In addition to state funding, a political party may accept private monetary donations in any kind of form. Contributions to political parties from illegal undertakings are banned. (Political Parties Act 2012, amended 2015, article 5(1)(c))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 5 (1)(a) Each private donation from the same physical person or legal entity shall not exceed the amount of fifty thousand euros (€ 50.000) per year. According to art.5 (2), political parties can not receive donations from physical or legal persons exceeding five thousand euro (5,000) per year, if one of the conditions (a-f) provided in paragraph 2 apply to the donator. (Political Parties Act 2012, amended 2015 article 5 (1)(a) and 5 (2)(d))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. 5 (1)(a) Each private donation from the same physical person or legal entity shall not exceed the amount of fifty thousand euros (50.000) per year. According to art.5 (2), political parties can not receive donations from physical or legal persons exceeding five thousand euro (5,000) per year, if one of the conditions (a-f) provided in paragraph 2 apply to the donator. (Political Parties Act 2012, amended 2015 article 5 (1)(a) and 5 (2)(d))
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (3) Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...] (Political Parties Act 2012, amended 2015 article 4(3) and (4))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registrar before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...]
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; (iii) they run for the parliamentary election, by presenting candidates representing a minimum of 50% of seats for each constituency as allocated in accordance with the provisions of the Election of Members of the House of Represenatatives of 1979, as amended; (iv) have secured at least 3% in the last general elction or ensure the percentage of 3% in the parliamentary elections. [...] (Political Parties Act 2012, amended 2015 Section 4(4)(b)(ii))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party Yes. Art.4 (1). The political parties that are registered in the Register are financed by the state as follows: [...] (4) Without prejudice to the provisions of subparagraph (b) of this subsection, parliamentary and non-parliamentary parties shall receive a contribution, the amount of which shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: a) Not later than 3 months before the date of the parliamentary elections, parliamentary parties shall receive funding which shall be distributed in proportion to the percentages received in the last election: [...] b) the non parliamentary parties are entitled to receive fundings if: (i) the are registered; (ii) they have submitted a request to the Registry before the date of election; [...] (Political Parties Act 2012, amended 2015 Section 4, paragraph (1) and (4)(b))
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Art.4 (3). Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (Political Parties Act 2012, amended 2015 Section 4(3))
Allocation calculations for direct public funding to political parties: Equal Yes. Art.4(3) Parliamentary parties shall receive regular funding, whose amount shall be prescribed by the Council of Ministers and shall be included in the state budget as follows: (a) A percentage of 15% of the contribution in equal shares; and (b) The remaining part shall be distributed in proportion to the percentages received in the last parliamentary elections conducted under the provisions of the Law on the Election of Members of the House of Representatives of 1979, as amended. (Political Parties Act 2012, amended 2015 Section 4(3))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. 3. Notwithstanding any provision of the Basic Law, the Foundation is obliged during the entire time period of time ensures the fair treatment of each candidate Presidents. Art.19 (6). The Foundation ensures a fair balance in the allocation of the radio and television broadcasting time or of other political contents between political parties. (Law on the Cyprus Broadcasting Corporation Law (Cap.‌ 300A), 1959, amended in 2010, articles 3 and 19(6))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. (4) The state funding of the political parties shall not be subject to any tax or levy imposed and collected by law. (Political Parties Act 2012, amended 2015, Article 5(4))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. A candidate may not influence or try to provide goods in order to obtain votes either for themselves or for a third party. (Law on Elections to the House of Representatives n.72/1979, amended in 2015, Section 39)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. There are different limits for Parliamentary, Local Government and European Parliament election expenses.
Are there limits on the amount a candidate can spend? Yes. Any financial activity of a candidate will be considered as financial activities of a respective political party. Therefore all the expenditures will be regarded as expenditures of a political party's and the threshold will be applied.

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. The political parties shall keep detailed information and proper account books and prepare financial statements for each financial year in accordance with the International Financial Reporting Standards. (Political Parties Act 2012, amended 2015, Section 6(1))
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework
Do candidates have to report on their campaign finances? Yes. Candidates have to report on their finances in relation to election campaigns within three weeks of the election results. (Law on Elections to the House of Representatives n.72/1979, amended in 2015, Section 52)
Is information in reports from political parties and/​or candidates to be made public? Yes. Art.6a (3). The Auditor-General of the Republic shall, after having audited the financial statements by virtue of subsection (2), prepare a report in relation to the audit findings […] and publish the same with full details of income and expenditure of the political parties campaign in the Official Gazette and on the website of the Audit Office within 9 months from the date of such statement. (Political Parties Act 2012, amended 2015 article Art.6a (3).)
Must reports from political parties and/​or candidates reveal the identity of donors? No. There is no obligation to reveal in the report the idendity of the donors. According to art. 5 (5), each political party shall keep a special register containing the amount of donations and the personal information of the donator. (Political Parties Act 2012, amended 2015 article 5(5) )
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. expenses shall be submitted to the Auditor General of the Republic (3) The Auditor-General of the Republic shall, after having ascertained a contravention of the provisions of the Law, transmit the report to the Commissioner of the Register of Political Paties (who shall be the Director General of the Ministry of Interior) (Political Parties Act 2012, amended 2015, article 6(1) & (3))
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. (3) The Auditor-General of the Republic shall, after having ascertained a contravention of the provisions of the Law, transmit the report to the Commissioner of the Register of Political Paties (who shall be the Director General of the Ministry of Interior) (Political Parties Act 2012, amended 2015, article 6(1) & (3))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The financial administration of the political parties shall be audited by the Auditor-General of the Republic, and an investigation of the case for contravention of the provisions of this Law shall be carried out by the Commissioner (Political Parties Act 2012, amended 2015, article 6 (3,4) and 8)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency Yes. The Auditor General (Political Parties Act 2012, amended 2015, article 6(3,4))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 8. (1) Any violation of the provisions under this Law shall be liable to an administrative fine of up to twenty thousand euros (20,000), to be imposed by the Registrar with the approval of the Auditor General of the Republic. 52(7). The Auditor-General of the Republic, after having ascertained an excess of the permitted election expenses of any candidate, shall report to the Register and require a fine equivalent to the excess. (Political Parties Act 2012, amended 2015, Section 8(1,2). Law on Elections to the House of Representatives n.72/1979, amended in 2015, Section 52)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Political Parties Act, 2012, amended 2015 (Greek)pdf
Broadcasting Corporation Law (Cap.‌ 300A), 1959, amended 2010 (English)pdf
Law on Elections to the House of Representatives 72/1979, amended 2015 (English)pdf

Financial Disclosure

The laws pertaining to the disclosure of civil servants’ assets has been enacted since 1990 in the basic Civil Servants law. It makes no specific provision for the disclosure of detailed information such as cash, movable and immovable property, it requires each who falls under the legislation to submit statements with any changes in their assets, in March of every third year after the law was enacted (1990). 

The competent authority for each civil servant group is different depending on which office or government department they are employed (for example the General Manager of the Parliament is the competent authority for Parliamentary Staff, the General Managers of Ministries for the staff in each of their respective Ministries etc.)

For Members of Parliament, Ministers, and the President, a special committee exists whose composition depends on each Parliamentary session, and is tasked with being the depository, investigatory, and enforcement authority. The Attorney General can undertake further investigations and penal prosecution and/or sanctions. 

The submitted statements and information of the civil servants and the President’s, Ministers’ and MPs’ are not to be made publicly available. In the case of the President, the Ministers, and the MPs, they may each personally choose to publicly release information but they are under no obligation to do so. 

The Supreme Court of Cyprus to not force the President, Ministers, and MPs to disclose their personal wealth cited the Constitutional clause of non-interference in private life.


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items706969
Filing frequency753838
Sanctions505050
Monitoring and Oversight100100100
Public access to declarations000

Alternative Metric

201220152016Trend
Head of State494545
Ministers625757
Members of Parliament625757
Civil servants624747

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The asset information of the underage children of the office holder is required to be part of the financial disclosure. (Article 4, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, (49/2004))
Income and Assets
Real estate Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (a) immovable property, including property rights and encumbrances thereon with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4(1)(a), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Movable assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (b) all kinds motorized transport including vessels. (Article 4(1)(b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Cash Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (c) any financial interest in any business. (d) any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4(2)(c), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Income from outside employment/assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: any financial interest in any business. Any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: Any financial interest in any business. Any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Ownership of state-owned enterprises (SOEs) Yes. The disclosure is to be made as part of the report submitted to the special Parliamentary Committee for Financial Disclosure. (Article 4, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, (49/2004))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, and every three years. ( Article 3(1), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required upon leaving office Yes. Within three months of vacating office. ( Article 3(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required annually No. Filing required every three years. ( Article 3, Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The statement must contain any change in assets which has occurred in the period between the current and previous statement. ( Article 4(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. A special Parliamentary Committee is established for the management of financial disclosures. (Article 5, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Enforcement body explicitly identified Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)

Public access to declarations

Public availability No. The statements and reports on the statements may not be published either in part or in total, and their publication is fined with a fine of Ł3,000, or a prison sentence of not more than 6 months, or both. Only the person concerned with the information of the statement and report may choose to publish it. (Article 8, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004 (as amended by law 269 of 2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The asset information of the underage children of the office holder is required to be part of the financial disclosure. (Article 4, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Income and Assets
Real estate Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (a) immovable property, including property rights and encumbrances thereon with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4(1)(a), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Movable assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (b) all kinds motorized transport including vessels. (Article 4(1)(b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Cash Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (c) any financial interest in any business. (d) any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4(2)(c), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Income from outside employment/assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: any financial interest in any business. Any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, and every three years. ( Article 3(1), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required upon leaving office Yes. Within three months of vacating office. ( Article 3(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required annually No. Filing required every three years. ( Article 3, Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The statement must contain any change in assets which has occurred in the period between the current and previous statement. ( Article 4(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In the case a Mininster fails to disclose or discloses false information, the consequences are decided by the President of the Republic. (Article 9(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In the case a Mininster fails to disclose or discloses false information, the consequences are decided by the President of the Republic. (Article 9(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))

Monitoring and Oversight

Depository body explicitly identified Yes. A special Parliamentary Committee is established for the management of financial disclosures. (Article 5, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Enforcement body explicitly identified Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)

Public access to declarations

Public availability No. The statements and reports on the statements may not be published either in part or in total, and their publication is fined with a fine of Ł3,000, or a prison sentence of not more than 6 months, or both. Only the person concerned with the information of the statement and report may choose to publish it. (Article 8, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004 (as amended by law 269 of 2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The asset information of the underage children of the office holder is required to be part of the financial disclosure. (Article 4, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Income and Assets
Real estate Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (a) immovable property, including property rights and encumbrances thereon with complete description of the nature, extent, topographic data, the manner, time and their value at the time of acquisition. (Article 4(1)(a), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Movable assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (b) all kinds motorized transport including vessels. (Article 4(1)(b), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Cash Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: (c) any financial interest in any business. (d) any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Loans and Debts Yes. The financial statement additionally includes: (b) a statement of debts (Article 4(2)(c), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Income from outside employment/assets Yes. The following assets within and outside the Republic which are owned at the time of submission must be declared: any financial interest in any business. Any kind of assets valued in bonds, debentures, shares and dividends to their own economic interests in private and public companies, deposits in commercial banks, savings banks and cooperative societies, income or benefits from insurance policies and any other incomes. (Article 4(1)(c), Article 4(1)(d) Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Within three months of taking office, and every three years. ( Article 3(1), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required upon leaving office Yes. Within three months of vacating office. ( Article 3(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Filing required annually No. Filing required every three years. ( Article 3, Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Ad hoc filing required upon change in assets or conflicts of interest No. The statement must contain any change in assets which has occurred in the period between the current and previous statement. ( Article 4(2), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. In the case that a Representative omits to submit a statement within the deadline, or submits a false statement, the consequences are regulated by the Regulation of the Functioning of the House of Representatives. (Article 9(1), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In the case that a Representative omits to submit a statement within the deadline, or submits a false statement, the consequences are regulated by the Regulation of the Functioning of the House of Representatives. (Article 9(1), Law 49/2004 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic (as amended by law 269 of 2004))

Monitoring and Oversight

Depository body explicitly identified Yes. A special Parliamentary Committee is established for the management of financial disclosures. (Article 5, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Enforcement body explicitly identified Yes. The Special House Committee on the Declaration and Examination of Financial Interests reviews representatives’ declarations regarding their personal wealth upon their election (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying submission Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)
Some agency assigned responsibility for verifying accuracy Yes. The special Parliamentary Committee is responsible for verifying that the information submitted is in accordance with the law. (Article 6(1), Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004)

Public access to declarations

Public availability No. The statements and reports on the statements may not be published either in part or in total, and their publication is fined with a fine of Ł3,000, or a prison sentence of not more than 6 months, or both. Only the person concerned with the information of the statement and report may choose to publish it. (Article 8, Law on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 49/2004 (as amended by law 269 of 2004))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Civil servants are required to submit a statement of any changes in his personal assets, as well as his spouse and dependent children. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Income and Assets
Real estate Yes. Civil servants are required to submit a statement in March of every third year for any changes that occurred in their assets, or those of their spouses and children which are protected and subsisted by him,. If no changes occur, the statement is negative. The first statement was submitted in the first March after the present law was implemented. There are no specifications as to the content of the statement - all assets must be included. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Movable assets Yes. Civil servants are required to submit a statement in March of every third year for any changes that occurred in their assets, or those of their spouses and children which are protected and subsisted by him,. If no changes occur, the statement is negative. The first statement was submitted in the first March after the present law was implemented. There are no specifications as to the content of the statement - all assets must be included. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Cash Yes. Civil servants are required to submit a statement in March of every third year for any changes that occurred in their assets, or those of their spouses and children which are protected and subsisted by him,. If no changes occur, the statement is negative. The first statement was submitted in the first March after the present law was implemented. There are no specifications as to the content of the statement - all assets must be included. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Loans and Debts Yes. Civil servants are required to submit a statement in March of every third year for any changes that occurred in their assets, or those of their spouses and children which are protected and subsisted by him,. If no changes occur, the statement is negative. The first statement was submitted in the first March after the present law was implemented. There are no specifications as to the content of the statement - all assets must be included. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Income from outside employment/assets Yes. Civil servants are required to submit a statement in March of every third year for any changes that occurred in their assets, or those of their spouses and children which are protected and subsisted by him,. If no changes occur, the statement is negative. The first statement was submitted in the first March after the present law was implemented. There are no specifications as to the content of the statement - all assets must be included. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Filing required in March of every third year. (Article 66(2), Civil Servants Law 1/1990, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. The competend authority may request an interim report on the civil servant's assets and specifications on the information submitted, as well as the accuracy of the information submitted. (Article 66(2), Civil Servants Law 1/1990, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. A civil servant is subject to disciplinary action if he committed misconduct with dishonesty or moral turpitude in accordance to this law. Administrative sanctions include: a) Reprimand (b) severe reprimand (c) disciplinary transfer (d) breakdown of annual raise (e) annual postponement of raise (f) a financial penalty that does not exceed the value of three months of income (g) regression on the pay scale (h) regression in a lower position (i) retirement and forced (j) dismissal. (Article 73(1), Article 79(1), Civil Servants Law, 1/1990, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The finding of inaccuracies in the financial disclosure statement of the employee, implies disciplinary proceedings. / If the employee is found to have obtained assets under circumstances which constitute a criminal or disciplinary offense, the appropriate measures are taken. / Disciplinary proceedings include (from least severe to the most severe): a) reprimant [...] j) termination of employment from the Civil Service. (Article 79 Civil Servants Law 1/1990, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Depending on the department or agency each civil servant is employed in, a different competent authority exists. (Article 2 Civil Servants Law 1/1990, amended 2015)
Enforcement body explicitly identified Yes. Depending on the department or agency each civil servant is employed in, a different competent authority exists. (Article 2 Civil Servants Law 1/1990, amended 2015)
Some agency assigned responsibility for verifying submission Yes. The competend authority may request an interim report on the civil servant's assets and specifications on the information submitted, as well as the accuracy of the information submitted. (Article 66(2) Civil Servants Law 1/1990, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The competend authority may request an interim report on the civil servant's assets and specifications on the information submitted, as well as the accuracy of the information submitted. (Article 66(2) Civil Servants Law 1/1990, amended 2015)

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Civil Servants Law 1/1990, amended 2015  
Law 49 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 2004 (Greek)pdf
Law 269 amending Law 49 on the Disclosure and Asset Checks of the President, Ministers, and MPs of the Republic, 2004 (Amending Law 49) (Greek)pdf

Conflict of Interest

Legislation for the conflict of interest is found in the Constitution for the President, Ministers, and Members of Parliament. For civil servants they are provided in the Civil Servants Law 1/1990. 

Provisions are also found in the Criminal Code (CAP154), which is applicable to every single person in the jurisdiction of the Republic of Cyprus. 

There is a restriction for any kind of activity in relation to the private sector for state officials. Civil servants may participate in state-owned companies with the permission of the Minister of Finance.

While the laws stipulate restrictions on the financial involvement, and the involvement of persons in decisions affecting private interests, the sanctions are not set out very clearly and enforcement measures are set out in a general context. 

An issue revolves around the wide immunity cover of the President, Ministers, and MPs, who may not be prosecuted during their mandate except for serious political crimes and blatant violation of the Constitution.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions756565
Sanctions757575
Monitoring and Oversight626262

Alternative Metric

201220152016Trend
Head of State626262
Ministers665959
Members of Parliament626262
Civil servants938787

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years or a fine not exceeding one hundred thousand euro (€ 100.000), or to both punishments. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Private firm ownership and/or stock holdings Yes. The President shall not during his term in office, engage either directly or indirectly, either for their own account or for the account of any other person, in the exeercise of any profit or non-profit making business or profession. ( Article 41, Cyprus Constitution 1960)
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden to have the capacity of a member of the managing council, or a manager or president of a state owned company. (Article 3(1)(d), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(1)(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(1)(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The office of the President shall be incompatible with that of a Minister or of a Representative or of any public office, including any corporation or public utility body. ( Article 41, Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. A person can be prosecuted if tries in any way to affect a civil servant or public authority in relation to matters of employment. (Criminal Code (CAP154), 1959, Section 105A.(1), (as last amended by law 113 0f 2015))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to a fine not exceeding one hundred thousand euro (€ 100.000). - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Attorney General - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. Paragraphs (d) and (e) of this subsection established does not apply if the companies or organizations to which reserves established under paragraphs (d) and (e) not trade or maintain financial relationship or interest with the public corporation in which the officer is appointed and services. (Article 3(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. It is forbidden to have the capacity of a member of the managing council, or a manager or president of a state owned company. (Article 3(1)(d), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(1)(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(1)(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position Yes. The office of a Minister shall be incompatible with that of a Representative. ( Article 59(2), Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to a fine not exceeding one hundred thousand euro (€ 100.000). - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Attorney General - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years or a fine not exceeding one hundred thousand euro (€ 100.000), or to both punishments. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Private firm ownership and/or stock holdings Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. Paragraphs (d) and (e) of this subsection established does not apply if the companies or organizations to which reserves established under paragraphs (d) and (e) not trade or maintain financial relationship or interest with the public corporation in which the officer is appointed and services. (Article 3(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities)
Ownership of state-owned enterprises (SOEs) Yes. The capacity of a Member or Parliament is irreconcilable with the position of Minister, or member of a community assembly, or state council including Mayor, or in any position in the Armed Forces. This includes any paid position whose remuneration is under control of the Republic., including in the capacity as any legal person in any public organization. ( Article 70, Cyprus Constitution 1960)
Holding government contracts Yes. It is forbidden to submit an offer or undertake an offer as part of any company the person might be a part of as stockholder, or part of the board of directors, or under any other capacity, which may offer any types of works or services to any state or semi-state owned company. (Article 3(c), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities, amended 2014)
Board member, advisor, or company officer of private firm Yes. It is forbidden to the state officials included within this law to be a board member, or manager of any private or semi-governmental company which deals with electronic or printed media or communications. (Article 3(e), Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities,)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position Yes. The office of a Representative shall be incompatible with that of a Minister or of a public office, and includes any office in any public corporation or public utility body. ( Article 70, Cyprus Constitution 1960)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to a fine not exceeding one hundred thousand euro (€ 100.000). - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Attorney General - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. It is forbidden for civil servants to take or give either directly or indirectly gifts that constitute money, other goods, free trips, and other personal benefits. (Article 69(1) Civil Servants Law 1/1990, amended 2015)
Private firm ownership and/or stock holdings Yes. Public employees are not allowed to hold any sharesor other interests whatsoever in privately-held companies. (Article 65(3)(b) Civil Servants Law 1/1990, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Civil servants have the right of stock ownership in state-owned companies but the number of stocks must not be more than the percentage of capital ownership set by the Minister of Finance. (Article 65(5) Civil Servants Law 1/1990, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public employees are not allowed to participate in the management of any company or other business of private nature. (Article 65(3)(a) Civil Servants Law 1/1990, amended 2015)
Post-employment Yes. Civil servants and state officials may not begin employment in the private sector without prior approval by the Committee within two years after terminating their employment in the public sector. (Article 5, Law of Control of Work Ascension to the Private Sector 114, 2007 )
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Civil servants must conduct their duties in an impartial and fair way and is forbidden from undertaking the resolution of a matter if himself or any member of his family up to the fourth degree has an interest in the matter. (Article 60(2) Civil Servants Law 1/1990, amended 2015)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to a fine not exceeding one hundred thousand euro (€ 100.000). - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A civil servant is subject to disciplinary action if he committed misconduct with dishonesty or moral turpitude in accordance to this law or acts or omits to act in a way that equals to a violation of his duties or responsibilities. Administrative sanctions include: a) Reprimand (b) severe reprimand (c) disciplinary transfer (d) breakdown of annual raise (e) annual postponement of raise (f) a financial penalty that does not exceed the value of three months of income (g) regression on the pay scale (h) regression in a lower position (i) retirement and forced (j) dismissal. (Articles 73, 79, Civil Servants Law, 1/1990)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. If any representative directly or indirectly accepts or receives or agrees to accept or seek to obtain from any person, in a way that suggests corruption, for himself or for any other person, any gift or consideration as an inducement or reward for commit or refrain from committing any act, is guilty of an offense and in the case of conviction he is liable to imprisonment for a period not exceeding seven years - Noprosecution for an offense arises under this Act without the consent of the Attorney General. (Article 3, Article 6 Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Public Service Committee has oversight over staff management and administrative and disciplinary proceedings. (Article 5, Civil Servants Law 1/1990, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. Public Service Committee has oversight over staff management and administrative and disciplinary proceedings. - The Attorney General gives consent for prosecution arising under the Act Against Corruption. (Article 5, Civil Servants Law 1/1990, amended 2015; Article 6, Law for the Prevention of Corruption, Chapter 161, 1996 (as amended by law 97 of 2012))

Qualitative data for 2016


Legislation

Civil Servants Law 1/1990, amended 2015 (Greek)pdf
Constitution 1960 (English )pdf
Criminal Code (CAP154), 1959 (as amended by law 113 0f 2015)  
Law of Control of Work Ascension to the Private Sector 114, 2007 (Greek)pdf
Law 7 of 2008 on the Incompatibility with the Duties of Certain Officers of Certain Commercial and other related activities (Greek)pdf
Law for the Prevention of Corruption, 1996, amended by law 97 of 2012 (Greek)pdf

Freedom of Information

As of July 2015, Cyprus is one of only two countries in Europe, along with Luxembourg, not to have adopted a legal framework for access to information held by public bodies and institutions. 

The existing legislative framework excludes a large number of public institutions from the requirement to disclose information and documents.

There is a lack of legal framework pertaining to the right to appeal to the competent authority to which a request for information has been placed. The only recourse lies within Article 164 of the Constitution, for bringing an action to the Supreme Court. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage0011
Information access and release585858
Exceptions and Overrides505050
Sanctions for non-compliance000
Monitoring and Oversight000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Every person has the right to freedom of speech and expression in any form. 2. This right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers. 3. The exercise of the rights provided in paragraphs 1 and 2 of this Article may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the reputation or rights of others or for preventing the disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary. (Articles 19-21, Constitution of Cyprus)
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch No. Absent from legal framework
Legislative branch No. Absent from legal framework
Judicial branch No. Absent from legal framework
Other public bodies No. Absent from legal framework
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. Absent from legal framework
Enacted legal instruments No. Absent from legal framework
Annual budgets No. Absent from legal framework
Annual chart of accounts (actual expenditures) No. Absent from legal framework
Annual reports of public entities and programs No. Absent from legal framework

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. Absent from legal framework
Type of request is specified (written, electronic, oral) Yes. Request for re-use of public sector documents is submitted in standardized form form set out by the relevant public sector body in a notification in the Official Gazette of the Republic and where possible, in digital form, to provide possibility of electronic processing and to allow for adaptation to specific applications for authorization; (Article 12(3), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Use of documents, information or data, the fees may not exceed height of the marginal costs incurred for the reproduction, provision and dissemination. The relevant public agencies estimate the total fee in accordance with objective, transparent and verifiable criteria and the total income of these bodies by providing and allowing reuse of such documents, information or data within any accounting period do not exceed the cost of collection, production, reproduction and dissemination, including a reasonable return on investment: Provided that the fees are calculated based on the costs incurred during appropriate accounting period and in accordance with the accounting principles applicable to relevant public sector bodies and approved. (Article 10, Law 205 of 2015 on the Further Use of Information in the Public Sector)

Deadlines for release of information

20-day response deadline No. The public bodies processing the requests electronically where possible and appropriate, shall make the documents available, or if special approval of the request is needed, finalize the offer to the applicant within a reasonable time and not later than the expiry of twenty working days of receipt of the request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Agency granted right to extend response time Yes. The schedule of twenty working days from receipt of the request may be extended by twenty working days for extensive or complex requests in which case the applicant shall be notified in writing within three weeks after the initial request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)
Maximum total response time of no more than 40 days Yes. The schedule of twenty working days from receipt of the request may be extended by twenty working days for extensive or complex requests in which case the applicant shall be notified in writing within three weeks after the initial request. (Article 6(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. N.138(I)/2001: Act regarding Personal Data Processing (N.138(I)/2001: Act regarding Personal Data Processing)
Existence of personal privacy/data law Yes. N. 216(I)/2002: Act regarding regulations for security of classified information, documents and material and related matters (N. 216(I)/2002: Act regarding regulations for security of classified information, documents and material and related matters)
Specific exemptions to disclosure Yes. This Law shall not apply to: (a) documents the supply of which is an activity that falls within the public task, the work and purpose of the relevant public sector bodies; (b) intellectual property rights documents which are held by third parties; (c) documents which are excluded from access, inter alia, for reasons; (i)of the protection of national security, defense or public safety, (ii) for statistical or commercial confidentiality; (d) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for program service purposes or to carry out any activities which the public broadcaster is required or permitted to provide under any legislation or other public authority; (e) documents held by educational and research establishments, such as schools, universities, archives, libraries and research facilities including bodies established for the purpose of dissemination of research results; (f) documents held by cultural establishments, such as museums, libraries, archives, orchestras, operas, ballets and theaters. This Law shall not apply in cases in which citizens or companies have to prove a particular interest under the access regime to obtain access to documents. (Article 3(2), Law 205 of 2015 on the Further Use of Information in the Public Sector, )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism Yes. Any decision of a public sector body that rejects a request for documents includes a reference to the Right to bring an action before the Supreme Court under Article 146 of the Constitution. (Article 7(2), Law 205 of 2015 on the Further Use of Information in the Public Sector)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Constitution (English)pdf
Law 132 of 2006 on the Further Use of Information in the Public Sector, amended 2015 (Greek)pdf
N.138(I)/2001: Act regarding Personal Data Processing  
N. 216(I)/2002: Act regarding regulations for security of classified information, documents and material and related matters  

Public Procurement

The Cyprian public procurement system is regulated by the Public Procurement Act of 2006/12, followed by further secondary legislation. The Public Procurement Authority is part of the Treasury. 

The lowest minimum threshold for conducting a public procurement tender is:

EUR 1708 for goods, works and services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 37 days for restricted procedures and 37 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment. Furthermore, there are several options for bid exclusion: abnormally low offer price (not automatic), and also criminal conviction for participation in criminal organization, bribery, fraud, bankruptcy etc.

In the bid evaluation phase, there is no separate conflict of interest restrictions on the composition of the evaluation committee. Furthermore, no form of independence from the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure (the amounts are set out by the Minister of Finance based on the recommendation of the Tenders Review Authority). 


Quantitative Data

Primary Metric

201220152016Trend
Scope8989
Information availability6060
Evaluation5858
Open competition8383
Institutional arrangements1818

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 1708. 0
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 422000. 0 (Law 11/2006, Article 15)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 137000. Goods and Services, excluding Value Added Tax (Law 12/2006, Article 19)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 1708. Based on Law 12/2006 Article 84, the contracting authorities cannot directly award a contract without following any of the tendering procedures provided in the law below this threshold. (Law 12/2006, Article 84)

Information availability

Publishing and record keeping

Which are the documents which are published in full? All are required to be published online for call for tenders in the open procedure.. In the open procedure, where contracting authorities do not offer free and full direct access to tender documents and supporting documents electronically, such documents shall be sent to economic operators within six (6) days of receipt of the request to participate, if the application is made in good time before the deadline for submission of tenders. (Law 12/2006, Article 44(1))
Are any of these documents published online at a central place? Yes. Official Gazette of the Republic and local press (optional). With the exception of the cases referred to in section 84 and subject to the provisions of section 39 for contracts falling within this Part, contracting authorities shall publish a contest notice in the Official Gazette of the Republic and may also publish it in the local press in accordance with the format of Annex X. (Law 12/2006, Article 82)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) Not specified. No mention in law
Are contracts awarded within a framework agreement published? Yes. 40. (1) Contracting authorities which have awarded a public contract or framework agreement send the Commission a notice of the results of the award procedure no later than 48 days after the conclusion of the contract or framework agreement. In the case framework agreements are concluded in accordance with Article 34, contracting authorities are not bound to send a notice of the results of the award procedure for each contract based on that agreement. (Law 12/2006, Article 40(1, 2))

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? no. The contracting authorities may require the tenderer to indicate any share of the contract he intends to subcontract to third parties and any proposed subcontractors. It is provided that the intent of such event shall not affect the liability of the principal operator. Based on the law's text, this is not mandatory. (Law 12/2006, Article 27)
If yes, above what proportion of subcontracted value is it mandatory? Where appropriate, value and proportion of contract likely to be sub-contracted to third parties should be included in the contract award notice (Law 12/2006, Annex: Contract award notice template)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? Yes. The technical specifications, unless justified by the subject of the contract can not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production which would have as the effect of favoring or eliminating certain undertakings or certain products. (Law 12/2006, Article 25 (8); Law 11/2006, Article 32(8))
Are there restrictions on allowable grounds for tenderer exclusion? Yes. Candidates are excluded from participating in a call for tenders if there is a final conviction known to the contracting authority for one or more of the following reasons: a) participation in a criminal organization, b) bribery, c) fraud, d) legalization of proceeds from illegal activites. It is possible for the contracting authorities to waive the requirements above for imperative reasons of public interest. (Law 12/2006, Article 51(1))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No reference found in Law 12/2006
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Contracting authorities shall treat economic operators equally and non-discriminatorily and shall act in a transparent way (Law 12/2006 Article 3), The contracting authorities of the Republic apply equal terms to non-EU applicants as to EU applicants. (Law 11/2006, Article 6)
Is there a specific set of rules for green/sustainable procurement? Yes. contracting authorities lay down environmental characteristics in terms of performance or functional requirements as referred to in subsection 3, paragraph (b) they may use the detailed specifications, or, if necessary, parts thereof, as defined by European or (multi-) national eco-labels, or by and any other eco-label, provided that those detailed specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract,; Contracting entities may indicate information on the obligations relating to environmental protection.; Contracting authorities shall take into consideration the environmental consequences when purchasing motor vehicles. (Law 12/2006, Article 25 (6))
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. No. If some tenders appear unusually low, the contracting authority shall request in writing details of the composition of the tenders which it considers relevant. If they found out, that the low price is related to state aid, the bid can be rejected. However, no automatic exclusion is included in the law. (Law 12/2006, Article 61)

Bid evaluation

Is scoring criteria published and explicit? yes. Criteria representing the most economically advantageous tender and also the weighting of these criteria shall be mentioned if they are not included in the contract documents or, in the case of a competitive dialogue, in the descriptive document. (Law 12/2006, Article 59 and Annex, Contract notice 23)
Can evaluation decision be made by a single person (as opposed to a committee)? Not specified. There is no mention under Law 12/2006, Articles 59-61 (awarding) (Law 12/2006, Article 2)
Are there regulations on evaluation committee composition to prevent conflict of interest? Not specified. There is no mention under Law 12/2006, Articles 59-61 (awarding) (Law 12/2006)
If yes, what is banned? Not applicable. 0
Is some part of evaluation comitee mandatorily independent of contracting authority? Not specified. There is no mention under Law 12/2006, Articles 59-61 (awarding)
Are scoring results recorded and publicly available? no. no mention (not included in the Contract award notice information either) (Law 12/2006)
Under which conditions can the tender be cancelled? Through the Tenders Review Authority. (2) The Tenders Review Authority, based on the evidence submitted to it, may adopt any of the following decisions: (a) confirm the action or decision of the contracting authority or entity; (b) cancel the act or decision of a contracting authority or contracting entity, if it contravenes any provision of the applicable law; (c) annul or order the amendment of any term contained in the notice or in the tender documents or any other document relating to the tender procedure and refers to technical, economic and financial specifications before submitting requests to participate or tenders for breach of any provision of applicable law. (3) Except where the provisions of Article 27 shall apply in the event that the Tender Review Authority cancel an act or decision of a contracting authority or contracting entity after the conclusion of the contract, the latter is not affected. (Law 104/2011 Appeals Procedure, Article 25(2))

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Multiple sources. Official Journal of the European Union (S Series or Tenders Direct) and in Tenders Electronic Daily / it is possible for the contracting authorities to publish the calls for tenders in the Official Gazette of the Republic and in the national press (Law 11/2006, Article 45(1) ; Law 12/2006, Article 41(4))
Where should the call for tenders be published? (Procedure type: RESTRICTED) Multiple sources. Official Journal of the European Union (S Series or Tenders Direct) and in Tenders Electronic Daily / it is possible for the contracting authorities to publish the calls for tenders in the Official Gazette of the Republic and in the national press (Law 11/2006, Article 45(1) ; Law 12/2006, Article 41(4))
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Multiple sources. Official Journal of the European Union (S Series or Tenders Direct) and in Tenders Electronic Daily / it is possible for the contracting authorities to publish the calls for tenders in the Official Gazette of the Republic and in the national press (Law 11/2006, Article 45(1); Law 12/2006, Article 41(4))

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. The minimum number of suitable candidates invited is five in the restricted procedure. In the notice of negotiated procedure and the competitive dialogue the minimum shall be three candidates. But in any case, the number of candidates invited shall be sufficient in order to ensure genuine competition. (Law 12/2006, Article 50(3)(b))
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. The minimum number of suitable candidates invited is five in the restricted procedure. In the notice of negotiated procedure and the competitive dialogue the minimum shall be three candidates. But in any case, the number of candidates invited shall be sufficient in order to ensure genuine competition. (Law 12/2006, Article 50(3)(b))
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. The minimum number of suitable candidates invited is five in the restricted procedure. In the notice of negotiated procedure and the competitive dialogue the minimum shall be three candidates. But in any case, the number of candidates invited shall be sufficient in order to ensure genuine competition. (Law 12/2006, Article 50(3)(b))

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. In the open procedure, the minimum time limit for receipt of tenders shall be fifty-two (52) days from the date of dispatch of the notice. (Law 12/2006, Article 43(2))
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 37. In restricted procedures, the minimum time limit for receipt of tenders is forty (40) days from the date of the invitation (tender). (Law 12/2006, Article 43(3)(b))
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. (a) In restricted procedures, defined in Article 32 negotiated procedures with publication of a contract notice and the competitive dialogue the minimum time limit for receipt of requests to participate is thirty-seven (37) days from the date of dispatch of the contract notice (Law 12/2006, Article 43(3)(a))

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Multiple. 1) Council of Ministers can decide so if the interest of the Republic requires, 2) International agreements, 3) Rules of international organization, 4)Telecommunications, 5) Rental or acquisition, 6) Broadcasting, 7) Arbitration and conciliation, 8) Financial services, 9) Employment contracts, 10) R&D, 11) Service concessions, 12) Exclusive rights 13) Sheltered workshops + Utilties dicerctive Articles 17 - 27, e.g. 14) Reseale, 15) Contracting entities carrying out certain activities (e.g. mining etc.) (1: Law 12/2006, Article 11-18. Law 11/2006, Chapter II, Section II, Articles 18-22; Section III, Articles 23 & 24; Section IV, Article 25; Section V, Articles 26-28)
What are the main types of institutions which have to apply the public procurement law? Multiple. See Annex 1 of the law. (Law 11/2006, Article 8(1))
What are the main procedure types or procurement methods permitted by law? Open Procedure, Restricted procedure, Competitive Dialog, Negotiated procedure (with or without publication of the contract notice). The contracting authorities shall award public contracts by applying open or restricted procedure (as defined in Art. 2 of the law), competitive dialog (as defined in Art. 31), or may use the negotiated procedure with or without publilcation of a notice (in the specific cases and circumstances referred to in Articles 32 and 33). (Law 12/2006, Article 30)
Is there a procurement arbitration court dedicated to public procurement cases? no. No but a dedicated Tenders Review Authority exists as well as recourse to the Supreme Court
Is there a procurement regulatory body dedicated to public procurement? yes. Treasury; Audit Office; Internal Audit Office; Public Procurement Directorate. It is one of the Treasury's task to oversight Public Procurement in Cyprus. Competent Authority for Public Procurement, part of the Treasury of the Republic is located in Nicosia, Cyprus
Is the procurement regulatory body independent? No.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. 0
Is disclosure of final, beneficial owners required for placing a bid? No. 0

Complaints

Is there a fee for arbitration procedure? Yes. The person who submits the form of recourse to the Tenders Review Authority pays a fee as determined by the Minister of Finance upon the recommendation of the Tenders Review Authority and published in the Gazette of the Republic. The fee is not refundable and is deposited in the Account of the Treasury of the Republic. (Law 104/2011 Appeals Procedure, Article 20)
If yes, how much Yes. The person who submits the form of recourse to the Tenders Review Authority pays a fee as determined by the Minister of Finance upon the recommendation of the Tenders Review Authority and published in the Gazette of the Republic. The fee is not refundable and is deposited in the Account of the Treasury of the Republic. (Law 104/2011 Appeals Procedure, Article 20)
Is there a ban on contract signature until arbitration court decision (first instance court)? Not specified. 0
What is the maximum number of days until arbitration court decision from filing a complaint? 45 days. The decision of the Tenders Review Authority for interim measures is issued within five (5) working days from the date of notification of the appeal to the contracting authority or contracting entity. / The examination of the appeal process is completed as soon as possible and the decision of the Tenders Review Authority is issued no later than within forty-five (45) calendar days after the completion of the hearing of the application as referred to in subsection (4) of Article 24. (Law 104/2011 Appeals Procedure, Article 24(3) / Article 25(1))
Are arbitration court decisions required to be publicly released? No. Notification of the decision is made available to the interested parties who have not been legally excluded from the process. (Law 104/2011 Appeals Procedure, Article 21(2), 21(3), 21(4))

Qualitative data for 2016


Legislation

Law 11/2006  
Law 12/2006missing file:
Law 104/2011 - DELETE THIS