ISLAMABAD: Toshakhana 8 March 2023 policy specifically bars the retention of gifts of cars and antiques by the recipients as did the policies of 2007, 2017 and 2018 with antiques to be displayed in museums while vehicles were to be given to the central pool of cars of the Cabinet Division.

Former president Asif Ali Zardari and co-chairperson of the Pakistan Peoples Party retained two BMW cars (Rs 85.1 million) and Toyota Lexus (Rs 50 million) after paying Rs 20 million in January 2009. Former prime minister Nawaz Sharif retained a Mercedes Benz (Rs 4.2 million) in April 2008 when he was not the prime minister though PML-N was in alliance with the PPP-led government at the time subsequent to a special dispensation by the then prime minister Yousaf Raza Gillani after paying Rs 636,888.

However, rules relating to Toshakhana gift retention can be changed by the cabinet at a moment’s notice and favours have been known to be granted to a party leader and/or a critical alliance member through a one-off amendment that makes the retention legal even if it is unethical.

The 8 March 2023 Toshakhana policy notes that recipients of gifts during official foreign visits are allowed to retain/collect gifts valued up to US 300 dollars after payment of retention price within thirty days of the receipt of any communication in this regard by the Cabinet Division, as per new procedure for the acceptance and disposal of gifts, 2023.

According to the new procedure issued by the Cabinet Division on March 8 2023, in case of failure, the gift will become the property of the Toshakhana and will be disposed of as per Toshakhana Rules.

All gifts received by the government/public functionaries irrespective of their price, must be reported and deposited in Toshakhana of the Cabinet Division, within 30 days of receipt of the gifts or 30 days from the date of return to Pakistan in case of foreign visit. If it is found, on checking, that an individual has not reported the receipt of gift to the Cabinet Division and deposited it in Toshakhana within the time limit, appropriate punitive action will be taken against him/her under the relevant rules.

Chief of Protocol, Ministry of Foreign Affairs, or his representative attached to a visiting dignitary or a foreign delegation, shall be responsible to supply the list of the gifts received, together with the names of the recipients, to the Cabinet Division.

In case of other delegations or visiting dignitaries with whom the Chief of Protocol or his representative is not associated, the Ministry sponsoring the visit shall be responsible to supply the details of gifts received and the list of recipients to the Cabinet Division.

In the case of outgoing delegations or visits abroad of Pakistani dignitaries, it shall be the responsibility of the Ambassador of Pakistan and/or Head of the Pakistan mission in the country concerned to report the receipt of the gifts, together with the name of the recipients, to the Cabinet Division through the Ministry of Foreign Affairs.

The government functionaries, except the President and the Head of the government, are prohibited from receiving gifts of any kind for their person or for members of their families from diplomats, consular and other foreign government representatives who are stationed in Pakistan or from any public organization or private individual and firm within the country.

However, if due to very exceptional reasons the gift cannot be declined, it shall invariably be deposited in the Toshakhana and shall straightaway become State, Toshakhana property to be disposed of as per Toshakhana Procedure. Such gift(s) received by the President/Head of the government for their person or their family members shall be deposited in Toshakhana for determination of assessed market value, retention cost and further disposal as per Toshakhana Procedure.

These instructions do not apply to gifts and donations made to institutions. The Cabinet Division will get the value of the gifts assessed from government sector experts in FBR and will also get the value of gifts assessed by the private appraisers borne on its approved panel.

The weapons shall be assessed by private appraisers on the panel and by experts of Pakistan Ordinance Factories Wah instead of FBR. If the difference in value of gifts assessed by the two categories of appraisers is less than 25%, the higher value will be accepted. However, if the difference in value is 25% or more, a committee to be constituted by the cabinet secretary shall decide the final value.

Private appraisers borne on the approved panel of the Cabinet Division will be paid 5% of the evaluation cost of each gift or Rs 5,000, whichever is less.

The evaluation process for the assessment of value of gifts shall be completed within 30 days after declaration of gifts by the recipient and gifts valued up to US$ 300 shall be allowed to be retained by the recipient after due payments as per its assessed market value. The gifts exceeding this monetary limit shall straightaway become State/Toshakhana property to be deposited and disposed of according to Toshakhana Procedure.

This exemption shall however not be available in case of antiques and gifts of intrinsic historical value. All such gifts shall be properly catalogued and displayed at prominent buildings owned by the government. Gold and silver bullions shall be sent to State Bank of Pakistani Mint.

The gifts deposited in the Toshakhana which are fit for display and if not auctioned for any reason, shall be properly catalogued and displayed at prominent government buildings including the Presidency, the Prime Minister’s Office, the Parliament, Foreign Office, Pakistan National Council of Arts and Museums. Such articles shall be properly entered in the Toshakhana register and in the stock registers of the respective offices/institutions. The Auditor General of Pakistan shall conduct annual audit of Toshakhana.

The cabinet secretary, with approval of the prime minister, shall dispose of gifts either through display at prominent government buildings, donation to charities or public auction, in the manner explained in this policy. Gifts which cannot be retained, donated or displayed shall be disposed of by periodical sales to general public to be arranged by the Cabinet Division, Government of Pakistan. These sales shall be held once or twice a year through public auction at the assessed reserve /market price. The Cabinet Division will constitute a committee for auction purpose.

Copyright Business Recorder, 2023