Anti-Corruption Act Sri Lanka

The Parliament of Sri Lanka recently passed the Anti-Corruption Act. The Act was enacted as part and parcel of the IMF Bailout programme to strengthen governance and to be in line with the United Nations Convention Against Corruption. The new Act is the principal legislation that mandates the Bribery Commission to carry out major investigation and to conduct investigations with local and international counterparts. Despite the enactment of the Act, the measures provided for in the Act depends on the enforcement of the law by the authorities.

Summary of Key provisions:

Establishment of the Commission

The Act calls on for the establishment of a body corporate, known as the Commission to investigate allegations of bribery and corruption. The Commission will consist of three members appointed by the president on the recommendation of the Constitutional Council and one among them will be appointed as the chairman. The members shall hold office for a term of three years. Furthermore, upon the recommendation of the Constitutional Council, the president shall appoint a Director-General, who shall have the powers to: institute criminal proceedings on an indictment or a charge; be the CEO and the CAO of the Commission.

Finance of the Commission

The Commission is tasked with the preparation of the annual budget estimates and should be submitted to the speaker, which shall be tabled in Parliament to be reviewed and passed.

Powers of the Commission

The Commission shall have the power to appoint, promote and take disciplinary measures against the officers and employees of the commission. The Commission shall act as the central authority on the declarations of assets and liabilities. Furthermore, the Commission is required to take all possible measures to give effect to the United Nations Convention Against Corruption, enhance awareness of the public on detrimental effects of corruption, monitor and implement the anti-corruption policies of the government, advise and assist other public bodies.

Investigation

The Commission may commence preliminary inquiry following the receipt of a complaint, ex mero motu, receival of any information for corruption or bribery allegations. Following the satisfaction that on reasonable grounds, an offence has been committed, the Commission shall direct the Director-General to conduct an investigation. During the investigation the Commission is empowered to identify and trace witnesses; trace, interview and record statements of persons acquainted to the allegation; collected documents and materials potentially being as evidence; trace, arrest, interview and record the statement of any person who has committed the offence; and to institute criminal proceedings against the person who committed the offence. The Commission is also authorized to take blood samples, voice samples, photographs, finger palm or foot impressions and the weight and height measurements of the person concerned. Additionally, the Commission may use special investigation techniques which include: surveillance, observation, undercover operations, video recordings and bugging devices.

Expert Assistance

The Commission may summon; an expert either local or foreign to examine the investigation being conducted, with the consent of the person being summoned. Where the expert fails to consent, the Commission may apply to the Magistrate of the respective jurisdiction where the investigation is being conducted to report to the investigation.

Joint Investigations & International Cooperation

The Act empowers the Commission to form a joint investigation team with any investigative authority in Sri Lanka. The Commission is also granted the power to jointly investigate allegations on the request by a foreign state, where the matter falls under a bilateral or multilateral agreement, or on a case-by case basis. The Commission can also communicate, share any report or information with any institution or foreign state agency that has powers to investigate, provided that terms and conditions are to be agreed upon an agreement between the Commission and the foreign state agency.

Declarations of Assets and Liabilities

The Act compels all public officials including: the President; the PM; Members of Parliament; Governors; members of Provincial Councils and staff; elected local authorities staff and members; judges; judicial officers; staff in Ministries and Departments; officers of the Sri Lanka Army, Navy and the Air Force; Trade Union executives; Chairmen, Directors and staff officers of the registered Companies; Heads of diplomatic missions and officers attached to the missions, to declare their assets, liabilities of theirs, spouse, dependent children and any other dependents. Such declared assets and liabilities will be accessible to the general public in the Centralised electronic system, however, information such as NIC, Passport No, date of birth, address of residence and assets, address of real estate properties will be confidential.??

Offences for non-declaration

A fine equivalent to one thirtieth of the last drawn gross monthly salary, will be charged daily for a person failing to submit the annual declaration or the post-retirement declaration. Election nominees failing to declare shall be liable to face sanctions. Failure to submit a declaration can also led to legal consequences, including fines based on their income and/or imprisonment for up to one year.

Offences for bribery and Corruption

The Act provides for offences for acts of acceptance of gratification, bribing police officers, illegal access to the electronic assets system, bribery for using influence on contracts, procuring, withdrawal and tender procedures, bribery in connection with payments, claims, appointments, employments, grants, leases and benefits etc.

Important Definitions

“assets and liabilities” means assets, liabilities, income, expenditure and interests which gives rise to or may give rise to conflicts of interest, in and outside Sri Lanka, the details of which shall be prescribed by regulations.

“bribery” means the offer, solicitation or acceptance of any gratification in contravention of any provision of Part III of this Act.

“gratification” includes - (a) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, employment or contract; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever whether in whole or in part; (d) sexual favour; (e) any other service, favour or advantage of any description whatsoever including protection from any penalty or disability incurred or apprehended from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, including the exercise, or the forbearance from the exercise of any right or any official power or duty; and (f) any offer, undertaking or promise of any gratification within the meaning of the preceding paragraphs (a), (b), (c), (d) or (e).

Repeals

The Anti-Corruption Act repeals, the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994, Declaration of Assets and Liabilities Law No 1 of 1975 and The Bribery Act (Chapter 26).

Disclaimer: This article is provided for informational purposes only and should not be construed as legal advice. It is not intended to create an attorney-client relationship, and readers should not act or rely on the information provided herein without seeking professional legal counsel.