The controversy
involving President Chen
Shui-bian's (陳水扁)
alleged misuse of the
"state affairs fund"
highlights the poor
design and oversight of
the special expense
funds used by government
officials. In a
televised address two
days after the
indictment of his wife,
Chen complained that the
regulations governing
the presidential "state
affairs fund" were vague
and confusing.
He also called for
clear and comprehensive
rules regarding the use
of the fund.
Unlike Vice President
Annette Lu ( 呂秀蓮 ) and
Taipei Mayor Ma Ying-jeou
( 馬英九 ), who have their
own "special allowance
funds," Chen draws from
the discretionary "state
affairs fund."
The name and nature
of the president's
special expense fund
have changed over the
years, causing confusion
not only for accountants
but also for presidents.
Two special expense
funds for the president
-- a "secret fund" and a
"special fund" -- were
established in 1949. The
two funds were merged
into one called the
"state affairs fund" in
1963. In 1992, the fund
was renamed the "special
expense fund" and then
changed again to "secret
fund" in 1995.
Two internal
Presidential Office
documents from August
1952 provide the first
evidence showing that
the secret portion of
the president's "state
affairs fund" was
handled through a
separate account.
However, that portion
of the fund was not
disclosed in the
Presidential Office's
budget statement.
Since the fund's
inception in 1949,
expenses drawn from its
secret portion have been
reimbursed with claim
forms explaining how the
fund was used, while
expenses from the
non-secret portion have
been reimbursed with
receipts or invoices.
All the slips and
receipts were kept at
the Presidential
Office's accounting
department.
In 1997, the Ministry
of Audit agreed to let
the Presidential Office
handle the fund in
accordance with Article
44 of the Audit Law (
審計法 ). The article
states that the
Presidential Office does
not have to provide
claim forms for
classified expenses if
the situation is
"special" and if the
office obtains the
consent of the
accounting and auditing
agencies.
In a bid to more
transparently manage the
fund, Presidential
Office Deputy
Secretary-General Cho
Jung-tai ( 卓榮泰 ) said
the Presidential Office
instituted an internal
rule in 2003 -- and
amended it in September
-- that states that the
president must produce
receipts in order to use
the "special state
fund."
Any funds distributed
to individuals involved
in sensitive tasks such
as diplomacy, military
affairs or cross-strait
issues are handled in
accordance with the
Classified National
Security Information
Protection Act ( 國家機密保護法
), Cho said.
The change made in
September came in the
wake of corruption
allegations swirling
around the first family
and the president's
aides.
Acting on the claim
made by fashion designer
Ligi Lee ( 李慧芬 ), who
alleged in June that the
Presidential Office
submitted fake receipts
to gain reimbursement
from the fund, the
Ministry of Audit sent
auditors to the
President Office to
investigate the fund's
use.
After four visits in
two months, the ministry
reported to the Taiwan
High Prosecutors Office
in July that it
suspected the
Presidential Office of
misusing the fund.
The ministry also
reported to the Control
Yuan, complaining that
the Presidential Office
had obstructed its
auditing process by
refusing to provide
documents it deemed
sensitive and
confidential.
The ministry also
said it was
innappropriate for the
Presidential Office to
assign someone who was
not a certified
accountant to handle the
special account.
The Directorate
General of Budget,
Accounting and
Statistics (DGBAS),
however, has a different
view of the nature and
function of the fund.
DGBAS defined the
fund as a "special fund"
and "secret fund" and as
such it is not necessary
to produce receipts or
invoices if the fund is
used for confidential
purposes.
Accounting and
Statistics
Director-General Hsu
Jan-yau (許璋瑤) said his
department did not send
auditors to check on the
use of the fund because
it "trusted and
respected the national
leader."
Chen has said that it
was unfair to hold him
accountable for the
fund's poor controls
since he merely followed
the practice exercised
by his predecessors.
Shih Cheng-feng (施正鋒), a
professor at Tamkang
University's Department
of public
administration, agreed
that Chen should not be
held solely responsible
for the ill-designed
system, but the
administration should
have taken the
initiative to change the
modus operandi as soon
as it discovered the
flaw.
It
did not make sense,
however, that the head
of the state should go
without a special
allowance fund while
other government
officials use them, he
said.
As
Chen has complained that
even government
officials are confused
about the nature of the
fund and that nobody had
explained how to use it,
Shih said the Ministry
of Audit should be held
responsible for
"procedural errors"
relating to the "state
affairs fund."
"While President Chen
only oversees policies
involving the funds, the
relevant accountants are
in charge of how the
cash is handled," Shih
said. "Many of the
nation's problems lie in
the lack of
institutional
transparency and legal
mechanisms."
Philip Yang ( 楊永明 ),
a political science
professor at the
National Taiwan
University, however,
said Chen was trying to
turn a legal issue into
a political one when he
compared his use of the
fund to that of his
predecessors.
Even if part of the
fund was normally used
for clandestine
diplomatic undertakings,
it still should have
been placed under
legislative oversight,
he said.
Yang's comments cast
doubt on Chen's argument
that presidents should
have business expenses
at their disposal
because they set foreign
policy rather than
execute it. |