The Agency has, among its functions, the investigation of possible cases of use or irregular use of public funds and of conduct contrary to integrity or contrary to the principles of objectivity, effectiveness and full submission to the law and the right, as well as of acts or omissions that could constitute an administrative, disciplinary or criminal offense.
In the exercise of its investigation and inspection functions, the Agency may access any information that is in the possession of legal persons, public or private, subject to its scope of action. In the case of individuals, the power of inspection will be strictly limited to activities related to public entities.
The director of the Agency or, by express delegation, any official or official of the Agency who is assigned investigation or inspection functions, may:
a) Appear, proving the condition of authority or agent of the Agency, in any office or dependency of the administration or center destined to a public service to request information, make on-site checks and examine documents, files, books, records accounting and databases, whatever the medium in which they are registered, as well as the physical and logistical equipment used.
b) Carry out the personal interviews that are considered appropriate, both in the corresponding administrative offices and at the Agency’s headquarters. The persons interviewed may attend accompanied and be assisted by the persons they themselves designate. Likewise, they will have the rights and guarantees established by current legislation, including the right to remain silent and legal assistance.
c) Access, if permitted by current legislation, information on current accounts in banking entities in which payments or dispositions of funds related to procedures for the award of public sector contracts or for the granting of public aid or subsidies have been made, through the timely requirement.
d) Agree, for the purposes of guaranteeing the indemnity of the data that may be collected, the making of certified copies or photocopies of the documents obtained, whatever the medium on which they are stored.
The civil servants and the civil servants at the service of the Agency who have assigned inspection powers will have the status of agents of the authority. The documents that they formalize in which, in accordance with the corresponding legal requirements, the facts verified by those are collected, will serve as evidence, unless otherwise proven.