Prevention of Corruption Act No. 21 of 2007

63. Repeal. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE tiff I No. 21] Prevention of Corruption 361 No. 21 of 2007 I assent, (COLVILLE N. YOUNG Governor-General 17th January, 2008. AN ACT provide for the strengthening of measures to prevent and combat corruption and corrupt activities; to provide for the offence of corruption and offences relating to corrupt activities; to providefor investigative measures in respect of corruption and related corrupt activities; to provide measures for establishing probity, integrity and accountability in public life; to repeal the Prevention of Corruption in Public Life Act, Chapter 12 of the Substantive Laws of Belize, Revised Edition 2000-2003; and to provide for matters connected therewith or incidental thereto. (Gazetted 19th January, 2008.) BE IT ENACTED by and with the advice and consent of the House ofRepresentatives and the Senate ofBelize and by the authority of the same as follows: PART I Preliminary

1 — This Act may be cited as the Short title

1. This Act may be cited as the Short title. PREVENTION OF CORRUPTION ACT, 2007. 362 Prevention of Corruption [No. 21 • Interpretation. 2. In this Act, unless the context otherwise requires ''act'' includes omission or failure to act and a reference to the doing or commission of an act includes a reference to the making of an omission, and any cognate words shall be construed accordingly; "advantage" includes (a) money or any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, over a value of $2,500.00; (b) the avoidance of a loss, liability, penalty, ''a, forfeiture, punishment or other disadvantage; an< est (c) any office, dignity, employment, contract of tOI employment or services and any agreement to th€ give employment or render services in any re1 capacity; m: an (d) any payment, release, discharge or liquidation at of any loan, obligation or other liability, whether ar in whole or in part; (e) any valuable consideration or benefit of any w kind or any discount, commission, rebate, bonus, deduction or percentage over a value of $2,500.00; " {J) any forbearance to demand any money or 1: money's worth or valuable thing; (g) any other service or favour or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a f N"o. 211 Prevention of Corruption 363 disciplinary, civil or criminal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty; (h) any right or privilege; (i) any aid, vote, consent or influence or pretended aid, vote, consent or influence; (j) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of paragraphs (a) to (i); "agent" includes any person employed by or acting for another, any trustee of an insolvent estate, the assignee of an estate assigned for the benefit or with the consent of credi- tors, the liquidator of a company which is being wound up, the executor of the estate of a deceased person, the legal representative of any person who is of unsound mind or is a minor or is otherwise under disability, any public servant or an officer serving in or under or acting for any public body, a trustee, an administrator or a subcontractor and any person appointed as an agent in terms of any law; "authorized officer" means a person duly authorized in writing by the Commission; "Chairperson" means the Chairperson of the Commission; "child" means a person under the age of eighteen years who is the child, step-child or lawfully adopted child of any person; "Commission" means the Integrity Commission established under section 3; ''corruptly'' means in contravention of any law; ~ 364 Prevention of Corruption [No. 21 "declaration" means a declaration of assets, income and liabilities; "income" includes all receipts by way of salary, fees, wages, perquisites, profits, gain, emoluments, rents and interest whether they are received as money or as money's worth, commission, bonus, pension, annuity or benefit and whether received in Belize or elsewhere, and shall include ( a) details of contracts awarded by the Government or other public body; (b) leases or grants ofland awarded by Government or any other body at the direction or nomination of Government; "public descript (c) private sector contracts of the amount of twenty- five thousand dollars or above; "public 1 oftheC< (d) details of any business interests; and "public i ( e) other benefits valued at more than five thousand oftheN;; dollars received from any source; Council, "person in public life" means hers of tl officers,• (a) Members of the House of Representatives governm including the Speaker; public bo (b) Members of the Senate including the President "Secretar of the Senate; and tablished (c) Members of local authorities (City Councils "spouse" and Town Councils); wife. "principal" includes (a) any employer; No. 21) Prevention of Corruption 365 (b) any beneficiary under a trust and any trust estate; (c) the estate of a deceased person and any person with a beneficial interest in the estate of a deceased person; (d) in the case of any person serving in or under a public body, the public body; ( e) in the case of a legal representative referred to in the definition of "agent", the person represented by such legal representative; "public body" includes local and public authorities of all descriptions; "public officer" has the meaning ascribed to it in section 131 CAP.4. of the Constitution; "public servant" includes the Governor General, members of the National Assembly, members of the Belize Advisory Council, members of the Public Services Commission, mem- bers of the Elections and Boundaries Commission, public officers, members and officers of statutory corporations and government agencies, and members and employees of all public bodies, including local authorities; "Secretariat" means the Secretariat to the Commission es- tablished under section 10; "spouse" includes a common law husband or common law wife. 366 Prevention of Corruption [No. 21 PARTII Integrity Commission Establishment 3. ( 1) There is established for the purposes of this Act, of Integrity a body to be known as the Integrity Commission, which Commission. shall consist of a Chairperson, who shall be an attorney-at- law with not less than five years' standing, and six other members who shall be persons of integrity and high national standing. (2) Two members of the Commission shall be ap- pointed by the Governor- General, acting in accordance ( with the advice of the Prime Minister given with the concur- C rence of the Leader of the Opposition, and the other mem- bers of the Commission including the Chairperson, shall be appointed by the Governor-General, acting in accordance n l' with the advice of the Prime Minister given after consulta- ti tion with the Leader of the Opposition: tl Provided that in the process of consultation with the Leader of the Opposition for the appointment of the p Chairperson, the Prime Minister shall use his best endeavours fi to secure the agreement of the Leader of the Opposition. p (3) At least one member of the Commission shall be a member of the Institute of Chartered Accountants of a Belize. f< First Schedule. (4) The First Schedule shall have effect as to the term, the powers and practice of the Commission and other- wise in relation thereto. Functions of 4. The Commission shall the Commission. (a) examine and retain all declarations filed with the Secretariat under this Act; 21 No. 21] Prevention of Corruption 367 (b) make such inquiries as it considers necessary in order to verify or determine the accuracy of the declarations filed under this Act; lCt, (c) investigate complaints regarding non- ich compliance with or breach of the provisions of -at- this Act; her nal (d) perform such other functions as it is required by this Act to perform. ap- 5. In the exercise of its functions under this Act, the Commission not subject to 11ce Commission is not subject to the direction or control of any control or ur- other person or authority. direction. :m-

6 — ( 1) Subject to subsection (2), the Commission shall, Annual report

6. ( 1) Subject to subsection (2), the Commission shall, Annual report lbe st or Commission not later than 31 March in each year, make a report to the to National 1ce National Assembly of its activities in the preceding year and Assembly. lta- the report shall be tabled in the National Assembly not later than 31st May of the same year. •ith (2) The Commission shall make its first report to the the Prime Minister not later than three months after the end of its urs first year of operation, and the report shall be tabled by the

1 — Prime Minister within three months of its making

1. Prime Minister within three months of its making.

7 — ( 1) There is established, for the purposes of this Act, Establishment

7. ( 1) There is established, for the purposes of this Act, Establishment .be and functions a Secretariat to the Commission which shall consist of the of of Secretariat. following persons (a) an Executive Director; the (b) an Administrative Secretary; er- (c) a Senior Accounts Clerk; (d) an in-house Legal Advisor; ( e) a Special (forensic) Investigator who is highly skilled and experienced to conduct investigations relating to financial crimes; and ith (/) any other personnel reasonably necessary to carry out the functions of the Commission. 368 Prevention of Corruption [No. 21 No. (2) The Executive Director is accountable and an- swerable to the Commission and he shall carry out all Con directions given to him by the Commission in pursuance of undt its functions. this. all c (3) The Office of the Secretariat is charged with the cont administrative responsibilities of the Commission and shall that 1 perform any duties reasonably incidental to the office of the Commission, and which are assigned to it by the Commis- sion. thiss andc (4) Without prejudice to the generality of the forego- toco: ing, the Office of the Secretariat shall such (a) receive, record and lay before the Commission, all declarations required to be filed under the provisions of this Act; (b) prepare and keep an updated annual register of all declarations filed with its Office; comrr a fine (c) keep proper accounts of receipts, payments, for a I impris assets and liabilities of the Commission; (d) attend the meetings of the Commission as the thingc Commission may require; havin! receive ( e) record proceedings of meetings and keep all of this papers and records of the meetings of the comm, Commission; contair (j) receive, record and lay before the Commission, complaints regarding non-compliance with, or tion (3) breach of the provisions of this Act; (g) generally perform such duties connected with the work of the Commission as the Commission may require. I No. 21] Prevention of Corruption 369

8 — (1) Subject to subsection (3), every member of the Duty as to

8. (1) Subject to subsection (3), every member of the Duty as to secrecy and to Commission and every other person having an official duty make under this Act, or being employed in the administration of declaration. this Act, shall deal with all documents and information, and all other matters relating to a declaration, as secret and confidential, and shall make and subscribe a declaration to that effect before a Magistrate or a Justice of the Peace. (2) Every person required under subsection (1) of this section to deal with the matters specified therein as secret and confidential, who at any time communicates or attempts to communicate such information or anything contained in such documents to any person (a) other than a person to whom he is authorized l, under this Act to communicate it, or e (b) otherwise than for the purposes of this Act; commits an offence and is liable on summary conviction to a fine not less than five thousand dollars or to imprisonment for a period not exceeding two years, or to both fine and .s, imprisonment. (3) A person who receives any information or any- he thing contained in such documents as aforesaid, knowing or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention all of this Act, commits an offence unless he proves that the .he communication to him of the information or of anything contained in any document was contrary to his desire. on, ( 4) A person who commits an offence under subsec- ,or tion (3) is liable on summary conviction (a) if the information or anything contained in a 1ith declaration or other document is published, to ,ion a fine not less than ten thousand dollars or to {' ----~--- , ~ . ~ J . . 4 I 370 Prevention of Corruption [No. 21 No. 21] imprisonment for a period not exceeding four years or to both fine and imprisonment; or (b) in any other case, to a fine not less than five thousand dollars or to imprisonment for a period and ther not exceeding two years or to both fine and person i imprisonment. mcomei year, so, (5) No prosecution for an offence under this section on the 3 may be instituted after five years following the commission comply of the offence. furnishe date; Protection of 9. The records of the Commission and any information disclosure of ( information. revealed by the evidence of a witness before the Commis- sion shall not be produced or disclosed to any court other than to such extent as may be necessary for the purposes of proceedings relating to a charge under this Act or under the law relating to perjury. PARTIII Financial Disclosure Duty to file 10. ( 1) A person in public life shall, in accordance with declaration of financial this Act, file with the Commission, a sworn declaration of the Con affairs. assets, income and liabilities in the manner prescribed in extendt Second Schedule. Form A of the Second Schedule. Act afte Form A. three mi (2) A declaration shall be filed pursuant to subsec- tion (1) tion sha (a) in the case of a person who is a person in public Justice< life at the commencement, in respect of his the Re! assets, income and liabilities for the year ; accurac (b) in the case of a person who becomes a person in public life after the date of commencement of tion (1) Ministe this Act, within three months of his becoming regulati No. 21] Prevention of Corruption 371 a person in public life, in respect of his assets, income and liabilities for the year ended on the previous 31st December, and thereafter on the 31st December in each year that the person is a person in public life, in respect of his assets, income and liabilities as at the 31st day of December in that year, so, however, that a declaration required to be furnished on the 31st day of December in any year shall be deemed to comply with the requirements of this subsection if it is furnished before the l st day of March next following that date; (c) in the case of every person who ceases to be a person in public life, at any time after the commencement of this Act, on the first f anniversary of the date on which he ceases to be a person in public life in respect of his assets, income and liabilities, covering the period from the date of his last declaration to the date on which he is required by this paragraph to furnish a declaration. 1 (3) Notwithstanding the provisions of this section, f the Commission may in any particular case for good cause 1 extend the time for the furnishing of a declaration under this Act after the expiration thereof for a period not exceeding three months. (4) Every declaration furnished pursuant to this sec- tion shall be verified by affidavit sworn before a Magistrate, C Justice of the Peace, Commissioner of the Supreme Court, or the Registrar of the Supreme Court, as to the truth and s accuracy of the contents of such declaration. (5) The form of the declaration referred to in subsec- n tion ( 1) above may, at any time, be varied by the Prime 1f Minister on the recommendation of the Commission by g regulations made under this Act. 372 Prevention of Corruption [No.21 Ne Contents of 11. (1) A declaration required under this Act shall in- declaration. clude such particulars as are known to the declarant of the assets, income and liabilities of himself, of his spouse and of his children Provided that (a) if the spouse was not ordinarily living with the declarant for the entire period in relation to the which the declaration is made; or me oft (b) if a child of the declarant was not ordinarily for living with the declarants at any time during the th, period in relation to which the declaration is made, frc m the particulars required to be furnished by this subsection shall be limited to assets held by the spouse or child, as the case may be, in trust for, or as agent of the declarant, so, n however, that nothing in this subsection shall be construed r as precluding the Commission from requiring from a declarant any additional particulars the Commission may think fit. (2) A declaration furnished pursuant to section 10 may be accompanied by a statement of affairs certified by a chartered accountant if the declarant so thinks fit. (3) Where a person in public life holds money or other property in trust for another person, he may so state in his declaration, but shall not be required to disclose the terms of the trust. (4) For the purposes of a declaration under this Act, the income, assets and liabilities of a person in public life include the income, assets and liabilities acquired, held or incurred by any other person (a) as his agent or on his behalf; No. 21) Prevention of Corruption 373 1 (h) as his spouse's agent or on behalf of his spouse. 1- .e (5) For the purposes of a declaration under this Act, ,f without prejudice to the generality of subsection (4) above (a) assets include property, real and personal, including money, beneficially held in Belize or elsewhere by the declarant and his spouse and e all rights or benefits enjoyed by the declarant ::) and his spouse on a continuing basis; and (h) liabilities include all the declarant' s and the f declarant' s spouse's obligations to pay money ~ or to transfer money to others in Belize or ~ elsewhere.

12 — (1) The Commission shall examine every declara- Examination

12. (1) The Commission shall examine every declara- Examination and public tion furnished to it and may request from the declarant any disclosure of information or explanation relevant to a declaration made by declarations. him, which in its opinion, would assist it in its examination. (2) Where upon an examination under subsection Second ( 1), the Commission is satisfied that a declaration has been Schedule. Fonn B. fully made, it shall publish or cause to be published a certificate in the Gazette in the form prescribed by Form B in the Second Schedule within sixty days thereafter. (3) Where the Commission publishes or causes to be published a certificate under subsection (2), any person may make a written complaint to the Commission in relation to that certificate.

13 — (1) Where Commission

13. (1) Where Commission may require further (a) upon an examination under section 12, the information and inquiry Commission is not satisfied that a declaration into has been fully made and is of the opinion that declaration. f1\fther investigation is nececcqry; nr 374 Prevention of Corruption [No. 21 (b) after a certificate has been published in the Gazette under section 12 (2) and any person makes a written complaint to the Commission in relation to that certificate and the Commission, after consideration of the complaint, is of the opinion that the complaint should be investigated, the Commission may (i) in writing request the person in public life concerned or the complainant to furnish such further information or documents as it may require, within such time as it may specify; (ii) in writing require the person in public life concerned to attend on the Commission at such time as may be specified by the Commission; (iii) make such independent inquiries and investigation relating to the declaration or complaint as it thinks necessary; (iv) summon witnesses, require the production of documents and do all such things as it considers necessary or expedient for the purpose of carrying out its functions; and (v) in respect of paragraph (b ), in addition, summon the complainant, hear the complainant (who may be represented by an attorney) and any witnesses of the complainant in support of the complaint. (2) Where a person in public life is required to attend on the Commission pursuant to subsection (1), he has the t right to be accompanied and represented by an attorney for ( the purposes of such inquiry and may require the Commis- C sion to summon such witnfc;,ses ::i-: hP think-: nPcP:<:<:~rv. ( No. 21] Prevention of Corruption 375 (3) Where the Commission after conducting an in- quiry in accordance with subsection ( 1) of this section into any complaint made under section 12(3) above, is satisfied that the complaint is groundless or has not been substanti- ated, it shall publish a statement in the Gazette to that effect, and in addition, where there is evidence of the commission of an offence under this Act either by the complainant or by the person in public life concerned, shall report the matter to the Director of Public Prosecutions. (4) Notwithstanding the provisions of this section, the Commission may in any particular case for good cause, extend the time within which further information or docu- ments are required by the Commission to be furnished pursuant to a request made under paragraph (i) of subsection (1).

14 — (1) Where a person in public life fails to file a Failure to me

14. (1) Where a person in public life fails to file a Failure to me declaration under section 10 without reasonable cause or declaration. fails to furnish particulars under section 13, the Commission shall publish the fact in the Gazette and shall send a report to the Director of Public Prosecutions for further action. (2) For purposes of this section, "knowingly fail- ing to file a declaration" includes failure to make a disclosure of any material fact in the declaration.

15 — ( 1) Without prejudice to the generality of section 13 Commission

15. ( 1) Without prejudice to the generality of section 13 Commission above, where the Commission considers it necessary or may bold formal inquiry. expedient to enquire into the accuracy or fullness of a declaration filed with it, the Commission may, under subsec- tion (2), advise the Governor-General to appoint a Tribunal for the purpose. (2) The Governor-General shall, on the advice of the Commission, appoint as a Tribunal one or more members of the Commission to conduct an inquiry to verify the contents of a declaration or other statement filed with the Commission. 376 Prevention of Corruption [No. 21 (3) For the purposes of any inquiry under this section a Tribunal may, subject to subsection (4 ), request in writing d that the declarant or any other person who the Tribunal p reasonably believes has knowledge of the matters to be fl inquired into e (a) attend before the Tribunal to give such information as it may require to satisfy itself that it is in possession of all the material facts; (b) furnish such information or documents as would assist the Tribunal in verifying the declaration. (4) An inquiry may not be commenced after three years from the date when the person in respect of whose declaration the inquiry is being conducted ceased to be a person in public life. (5) Where from the inquiry made by a Tribunal under this section, the Commission is of the view that a breach of CC any of the provisions of this Act may have been committed, tc the Commission shall refer the matter to the Director of St Public Prosecutions for further action. de fi Powers of 16. In conducting an inquiry under section 15, a Tribu- Tribunal CAP 127. nal shall have and exercise the powers of a Commission of Inquiry, under the Commissions of Inquiry Act except that (a) the proceedings shall be held in private; and (b) the form of summons for the attendance of witnesses or other persons or production of documents may be as prescribed in Part II of the Third Schedule. Third Schedule. Findings of 17. Where, from an inquiry under section 15, a Tribunal Tribunal. finds that a declarant had in fact made full disclosure in his or her declaration, it shall, if so requested in writing by the declarant, publish a statement to that effect in the Gazette. • T ). 21 No. 21] Prevention of Corruption 377 ::tion 18. Where upon an inquiry a Tribunal finds that the Indemnity. iting declaration which gave rise to the inquiry was in fact full and ,unal proper, the declarant is entitled to full indemnity and shall be o be reimbursed from the Consolidated Revenue Fund, for all expenses reasonably incurred. mch 19. (1) A person who, without reasonable cause, Offences tself relating to declarations. acts; (a) fails to file with the Commission, a declaration which he is required to file in accordance with s as the provisions of this Act; the (b) fails to give such information or explanation as the Commission may require under section 12 hree or 13; lOSe be a (c) fails to give such information as a Tribunal may require under section 15, 1der hof commits a first offense and is liable on summary conviction ted, to a fine not less than three thousand dollars. On a second or r of sunsequent offence to a fine of not less than five thousand dollars or to imprisonment for a period of one year, or to both fine and imprisonment. bu- n of (2) Without prejudice to subsection (1) above, every that person who, without reasonable cause, nd (a) fails to file a declaration in accordance with the provisions of this Act; : of of (b) has not yet filed his declaration in the previous the year in accordance with the provisions of this Act; nal his (c) fails to give such information or explanation as the the Commission may require under section 12 te. or 13 within the time specified for submission; (l 378 Prevention of Corruption [No. 21 No (d) fails to give such information as a Tribunal may require under section 15, the rng is liable to pay to the Commission, an administrative fine of one hundred dollars for each day that the declaration or information or explanation, as the case may be, remains nor outstanding. lie l this (3) A person who (a) knowingly makes any false statement in such declaration; or (b) after a certificate in respect of a declaration has been published in the Gazette pursuant to section 12, publishes any statement whatever, whether orally or in writing, challenging the accuracy of that certificate or the honesty or credibility of the declarant, otherwise than by way of a complaint to the Commission; or (c) having been granted access to a declaration ders; under section 13, discloses or makes known to notic any person any information contained in such ture, declaration otherwise than for the purpose of the p an inquiry under section 13; or shall (d) makes any frivolous, vexatious or groundless complaint to the Commission in relation to a pursu declaration or a certificate in respect of such (5), n declaration; or Gove1 Gove1 ( e) fails without reasonable cause to attend an inquiry being conducted by the Commission under section 15, or knowingly gives any false show1 information in such inquiry, of sub due to commits an offence and is liable on summary conviction to make, a fine not less than one thousand dollars and not less than five accou1 ,. 21 No. 21) Prevention of Corruption 379 may thousand dollars or to imprisonment for a period not exceed- ing six months, or to both fine and imprisonment. 1eof nor (4) Where the offence under this section involves the lains non-disclosure of property corruptly acquired while in pub- lic life, the Court shall, in addition to the penalty specified in this section (a) where the property involved is situated in rnch Belize, declare that it be forfeited to the Government; 1has (b) where the property involved is situated outside 1t to Belize, order that an amount equivalent to the :ver, value of the property (the value to be assessed ; the as directed by the Court), be paid by the person y or in public life to the Government. n by (5) Property acquired from a person referred to un- der subsection (4) by a bona fide purchaser for value without tion notice of any offence by that person, is not liable to forfei- 1n to ture, but an amount equivalent to the value of the property or ;uch the price paid by the purchaser, whichever is the greater, e of shall be paid by the person in public life to the Government. (6) Payment of all sums due to the Government less to a pursuant to paragraph (b) of subsection (4) or to subsection ,uch (5), may be enforced in like manner as a debt due to the Government and any proceedings thereon on behalf of the Government may be taken. I an ;10n (7) It shall be a defence for a person in public life to alse show that the failure envisaged in paragraphs (a), (b) and (c) of subsection ( 1), and paragraph (e) of subsection (3), was due to reasonable causes and the court shall, in each case, n to make a determination as to reasonable causes taking into five account the circumstances of each case. ' ~ --...---.•v--~--.••• .- ~X.-:,,.~.::,..;..,.- 380 Prevention of Corruption [No.21 No. Prosecutions. 20. No prosecution for an offence under this Act, other ape1 than an offence under section 8, may be instituted Act ofdt: (a) without the written consent of the Director of to a Public Prosecutions, or that of the Attorney General where the prosecution is to be instituted against the Director of Public Prosecutions; or into (b) after three years from the date when the person Nati in respect of whose declaration on financial affairs the alleged offence was committed, ceased to be a person in public life. ,.. Application of 21. ( 1) Subject to the provisions of this Act, the National " Act Assembly may, by resolution passed in that behalf, apply any, this Act to any public servant or any class of public servants. in ar com (2) Before passing the resolution referred to in subsection ( 1), the National Assembly com (a) shall carry out consultations with representatives of civil society organizations and other interested persons and bodies as is considered appropriate, with an aim to seeking public opinion on applying the provisions of this Act to persons other than persons in public life; and (b) shall give a reasonable opportunity to public servants affected thereby to express their views, which shall be given due consideration. (3) Where, by this section, the National Assembly is required to perform any function after consultation with any persons or authority, it shall consider any representations or objections which are duly made and not withdrawn but it shall not be obliged to exercise that function in accordance with the advice of those persons or that authority. (4) Any person to whom this Act is applied under this section shall, from the date of such application, become No. 21] Prevention of Corruption 381 '· 21 ,ther a person in public life within the meaning of section 2 of this Act and the provisions of this Act regarding the furnishing of declarations to the Commission and other matters relating Jr of to a person in public life shall apply to him in like manner. rney uted (5) All expenses incurred in carrying this section s;or into effect shall be defrayed out of moneys provided by the National Assembly. rson 1cial PARTIV tted, Corruption Offences

22 — ( 1) A person who, by himself or in conjunction with Act of

22. ( 1) A person who, by himself or in conjunction with Act of onal corruption. any other person, or an agent, engages or attempts to engage pply Third in any of the acts specified in Part I of the Third Schedule Schedule. mts. commits an act of corruption. o in (2) Any person who commits an act of corruption commits an offence and is liable tives ther (a) on summary conviction ered 1blic (i) in the case of a first offence, to a fine not ,Act less than ten thousand dollars; and ;and (ii) in the case of a second or subsequent 1blic offence, to a fine not less than twenty ews, thousand dollars or to imprisonment for a period not exceeding two years or to both fine and imprisonment, ,ly is 1any (b) on conviction on indictment 1s or ut it (i) in the case of a first offence, to a fine not mce less than twenty-five thousand dollars or to imprisonment for a period not exceed- t1der ing two years or to both fine and impris- ome onment; and 382 Prevention of Corruption [No. 21 No. 21] (ii) in the case of a second or subsequent offence to a fine not less than fifty thou- sand dollars or to imprisonment for a period not exceeding three years or to both fine and imprisonment. Presumption 23. (1) Where in any proceedings against a person for of corruption in certain an offence under Part IV, it is proved that an advantage has cases. been paid or given to or received by a public servant by or from a person or agent of a person who has or had a material interest in the performance by that public servant of a function of his or her office or position, that advantage shall be deemed to have been paid or given and received corruptly as an inducement or reward unless the contrary is proved. (2) For the purposes of subsection ( 1), a person has a material interest in the performance by a public servant of a function of his or her office or position if the consequence or effect (a) of the performance of that function, or (b) of any decision made in relation to or in the course or as a result of the performance of such a function, com1 may be to confer on or withhold from the person a significant andi benefit (including the award or grant of a contract, licence, twer permission, designation or any other valuable benefit or one advantage), without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of con which the person is a member. dire adv Offences in 24. ( 1 ) A person who, directly or indirectly oth respect of corruption relating to (a) accepts or agrees or offers to accept any contracts. advantage from any other person, whether for the benefit of himself or herself or for the [No. 21-- No. 21] Prevention of Corruption 383 1bsequent benefit of that other person or of another person; ifty thou- or ent for a :ars or to (b) gives or agrees or offers to give to any other person any advantage, whether for the benefit of that other person or for the benefit of another >erson for person ntage has rant by or (i) in order to improperly influence, in any :1.material way vant of a tage shall (aa) the promotion, execution or pro- corruptly curement of any contract with a ;; proved. public body, private organization, corporate body or any other organi- ,erson has zation or institution; ;;ervantof 1sequence (bb) the fixing of the price, consider- ation or other moneys stipulated or otherwise provided for in any such or contract; or or in the (ii) as a reward for acting as contemplated in ::eofsuch paragraph (a) commits an offence of corrupt activities relating to contracts rgnificant and is liable on summary conviction to a fine of not less than :, licence, twenty thousand dollars or to imprisonment for a period of >enefit or one year or to both fine and imprisonment. 10lding it 1ich is of (2 ) Any person who, in order to obtain or retain a ~es and of contract with a public body or as a term of such contract, directly or indirectly, gives or agrees or offers to give any advantage to any other person, whether for the benefit of that other person or for the benefit of another person cept any (a) for the purpose of promoting, in any way the tether for election of a candidate or a category or party of r for the candidates to the legislative authority: or 'fl 384 Prevention of Corruption [No. 21 No. (b) with the intent to influence or affect, in any way, the result of an election conducted for the purpose of electing persons to serve as members of the legislative authority. commits an offence and is liable on conviction on indictment to a fine of not less than fifty thousand dollars. Offence 25. (1) Every person who, subject to subsection (2), relating to acquisition of acquires or holds a private interest in any contract, agree- private interest ment or investment emanating from or connected with the in contract, public body in which he or she is employed or which is made comrr agreement, etc. convi1 of public body. on account of that public body, commits an offence of corrupt activities and is liable on summary conviction to a thous, fine of not less than ten thousand dollars. ingon 27 (2) Subsection (1) does not apply to a person (a) who acquires or holds such interest as a shareholder of a li:;ted company; (b) whose conditions of employment do not prohibit him or her from acquiring or holding such interest; or (c) in the case of a tender process, a public officer who acquires a contract, agreement or investment through a tender process and whose conditions of employment do not prohibit him from acquiring or holding such interest and who acquires or holds such interest through an independent tender process, or (d) unless the person makes a disclosure of such interest to the relevant public body within thirty days of acquiring or holding such interest. (l Bribery of 26. A person who Member of National Assembly. 1 No. 21] Prevention of Corruption 385 y (a) offers any advantage to a Member of the e National Assembly as an inducement or reward ·s for such Member's doing or forbearing to do any act in his capacity as such Member; or lt (b) being a Member of the National Assembly, solicits or accepts any advantage as an inducement or a reward for his doing or forbearing to do any act in his capacity as such ), Member, !- 1e commits an offence of corrupt activities and is liable on le conviction on indictment to a fine not less than twenty-five )f thousand dollars or to imprisonment for a period not exceed- a ing one year or to both fine and imprisonment.

27 — A person who Bribery of a

27. A person who Bribery of a member of public body. (a) offers any advantage to any member of a public a body as an inducement or reward for (i) the member's voting or abstaining from 1it voting at any meeting of the public body :h in favour of or against any measure, reso- lution or question submitted to that public body; ~r (ii) the member's performing, or abstaining )f from performing, or his aid in procuring, ;e expediting, delaying, hindering or pre- m venting the performance of, any official 1d act;or ,n (iii) the member's aid in procuring or prevent- ing the passing of any vote or the granting h of any contract or advantage in favour of y any person; or (b) who, being a member of a public body, solicits or accepts any advantage as an inducement or a reward for any such act, or any such abstaining, as is referred to in paragraph(a) (i), (ii) and(iii), 386 Prevention of Corruption [No. 21 ' No. commits an offence and is liable on conviction on indictment to a fine not less than twenty-five thousand dollars or to imprisonment for a period not exceeding one year or to both fine and imprisonment. Corrupt acts 28. (1) An agent or any other person who of agents. (a) corruptly accepts or obtains; or (b) corruptly agrees to accept or attempts to obtain, for himself, or for any other person, any gift, consideration or advantage as an inducement to, or sec reward for, or otherwise on account of, the agent doing any act in relation to his office or position or his principal's affairs or business, commits an offence. (2) A person who (a) corruptly gives or agrees to give, or (b) corruptly offers, any gift, consideration or advantage, to an agent or any other person, whether for the benefit of that agent, person or another person, as an inducement to, or reward for, or otherwise on account of, the agent doing any act in relation to his office or position or his principal' s affairs or business commits an offence. (3) A person who knowingly gives to any agent, or an agent who knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false, erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal commits an offence. (4) In subsections (2) and (3), an agent does an act in relation to his office or position or his principal' s affairs or business if it relates to ,C, ' [No. 21 No. 21] Prevention of Corruption 387 1 indictment (a) any function of his office or position or of lollars or to his principal, arorto both (b) any business or administration relating to the performance of such a function, or (c) any matter or transaction whatsoever, actual or proposed, in which such agent, by virtue of his office or position, or his >ts to obtain, principal is or may be concerned. n, (5) Any person who commits an offence under this ement to, or section is liable It doing any principal' s (a) on summary conviction (i) in the case of a first offence, to a fine not less than five thousand dollars; and or deration or (ii) in the case of a second or subse- quent offence, to a fine not less than ten thousand dollars or to imprison- e benefit of ment for a period not exceeding six ement to, or months or to both fine and impris- it doing any onment, principal' s (b) on conviction on indictment r1y agent, or (i) in the case of a first offence, to a fine deceive his not less than ten thousand dollars; 1t in respect and ontains any tive in any (ii) in the case of a second or subse- is intended quent offence to a fine not less than twenty thousand dollars or to im- prisonment for a period not exceed- Jes an act in ing one year or to both fine and 's affairs or imprisonment. f 388 Prevention of Corruption [No. 21 Offences by 29. ( 1) Where an offence under this Act is committed by body corporate, a body corporate and is proved to have been so committed how dealt with. with the consent or connivance of, orto be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commit an offence and are liable to be proceeded against and punished as if the person and the body corporate were guilty of that offence. (2) Where the affairs of a body corporate are man- aged by its members, subsection ( 1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director or manager of the body corporate. Obligation to 30. (1) A person exercising any public function who is disclose advantage offered or receives an advantage in circumstances which received or may constitute an offence under this Act, or the offence of offered. bribery, shall disclose as soon as reasonably practicable and in the prescribed manner (a) the existence and nature of the advantage, or the offer of it; and (b) the name, if known, of the person by whom it was given or procured or offered or who agreed to give or procure it. (2) A person exercising any public function who knows or reasonably suspects, or ought reasonably to have known or reasonably to have suspected, that any person has committed, is committing or is about to commit an offence under this Act, or the offence of bribery, must disclose, as soon as reasonably practicable and in the prescribed manner, that knowledge or suspicion, and the information on which it is based, or cause such knowledge or suspicion to be so disclosed. No. 21] Prevention of Corruption 389 (3) For the purposes of subsections (1) and (2) "the prescribed manner" means an information, complaint or declaration under oath in writing (a) to a constable; (b) to the Commission; or (c) where the employer of the person exer- cising the public function has established a procedure for that person to make dis- closures of the kind mentioned in su bsec- tions (1) or (2), in accordance with that procedure.

31 — (1) A person who fails to comply with section 30 Offence for

31. (1) A person who fails to comply with section 30 Offence for failure to commits an offence and is liable on summary conviction to disclose a fine not less than ten thousand dollars or to imprisonment advantage. for a period not exceeding one year. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that if he made the disclosure required to be made by him under that section, physical harm would be done to him or to another person or to his or their property.

32 — (1) A person who threatens or takes any action Threats,

32. (1) A person who threatens or takes any action Threats, interference, harmful to any person, including interference with a person's etc. with lawful employment or occupation, on the ground that a disclosure, an offence. person has made or may make a disclosure in accordance with section 30 commits an offence and is liable on summary conviction to a fine not less than twenty-five thousand dollars or to imprisonment for a period not exceeding one year, or to both fine and imprisonment.

33 — (1) Where upon examination of a complaint made Possession of

33. (1) Where upon examination of a complaint made Possession of unaccounted under section 34, or otherwise, the Commission, in the property or course of an investigation under section 37 is of the view that pecuniary a public servant, or any other person on his behalf is in resource. # 390 No. Prevention of Corruption [No. 21 possession of property or pecuniary resource disproportion- ate to his legitimate sources of income, the Commission shall conduct a separate inquiry to determine whether such person has committed a breach of the provisions of the Act in connection with that property or pecuniary resource. (2) On the conclusion of any inquiry under subsec- tion (1), the Commission shall submit a report to the Director of Public Prosecutions and the Governor-General. (3) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection (2) and other relevant evidence, that any person ought to be prosecuted for an offence under Part IV, the Director of Public Prosecutions shall institute and undertake criminal proceedings against the person. may to th (4) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection 3 (2), the Director of Public Prosecutions shall inform the mak< Commission and the Governor-General, in writing, about the action taken in pursuance of the report. (5) In imposing a fine on a person found guilty of an offence under this section, the court shall have regard to the value of the property or pecuniary resource in the possession of that person, which cannot be accounted for taking into account his or her legitimate sources of income. Complaint to 34. ( 1) Any person who has reasonable grounds to Commission. believe that a person (a) is in breach of a provision of this Act; apply vexat (b) has committed an act of corruption, or of corrupt activities may make a complaint 3l in writing to the Commission. pursu the cc (2) The complaint shall state comp] t ,, [No. 21 No. 21] Prevention of Corruption 391 : disproportion- (a) the particulars of the breach or act of >mmission shall corruption; her such person ; of the Act in (b) the particulars, as far as they are known, resource. of the person against whom the complaint is made; funder subsec- (c) the nature of the evidence that the com- t to the Director plainant proposes to produce in respect of eneral. the complaint; and Prosecutions is (d) such other particulars as may be pre- t referred to in scribed in regulations made by the Minis- that any person ter. ler Part IV, the e and undertake (3) A complaint to the Commission under this section may be presented in person, or may be sent by registered post to the Chairperson of the Commission. rwarded to the 1der subsection 35. (1) Subject to subsection (2) below, where a person Protection of ball inform the makes a complaint to the Commission pursuant to section 34 persons making 1 writing, about complaint. (a) in good faith; und guilty of an (b) reasonably believing that the complaint ve regard to the made and any allegations contained in it, 1 the possession are substantially true, and in the circum- for taking into stances it is reasonable for him or her to )me. make the complaint, he or she shall not be liable to any form of reprisal or any suit Jle grounds to whether civil or criminal. (2) The provisions of subsection (1) shall not a of this Act; apply where it is shown that the complaint is frivolous or vexatious. orruption, or of Lke a complaint 36. ( 1) The Commission may on receipt of a complaint Rejection of pursuant to section 34 and after examining of same, reject complaint by ~ion. Commission. the complaint if the Commission is of the opinion that the complaint 392 Prevention of Corruption [No. 21 (a) is frivolous or vexatious; or (b) does not pertain to a matter the Commis- sion is empowered to deal with under this Act. (2) No complaint shall be rejected by the Commis- sion without giving the person who made the complaint a reasonable opportunity to be heard. Investigation 37. (1) Where upon examination of a complaint made of breach of Act. under section 34, or otherwise, the Commission is of the view that an investigation is necessary to ascertain whether any person has committed a breach of any provision of the Act, it shall inquire into the matter. (2) The sittings of the Commission to take evidence or hear arguments in the course of any inquiry under subsec- tion (1) shall be held in private. (3) The complainant and the person against whom any inquiry is held under this section are entitled to notice of the proceedings of the inquiry and to be represented in the inquiry either personally or by an attorney-at-law. Report to 38. ( 1) On the conclusion of any inquiry under section Director of Public 37, the Commission shall submit a report to the Director of Prosecutions Public Prosecutions and the Governor-General or where the or Attorney General. inquiry concerns the Director of Public Prosecutions, to the Attorney-General and the Governor-General. (2) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection ( 1) and other relevant evidence, that any person ( ought to be prosecuted for an offence under Part IV, the i Director of Public Prosecutions shall institute and undertake I criminal proceedings against the person. [ (3) Where the Attorney-General is satisfied, on the examination of the report referred to in subsection (1) and 0 ~ , [No. 21 No. 21] Prevention of Corruption 393 other relevant evidence, that the Director of Public Prosecu- tions ought to be prosecuted for an offence under Part IV, the 1eCommis- Attorney-General shall institute and undertake criminal pro- h under this ceedings against the Director of Public Prosecutions. (4) Where the Commission has forwarded to the e Commis- Director of Public Prosecutions a report under subsection omplaint a (1), the Director of Public Prosecutions shall inform the Commission and the Governor-General, in writing, about the action taken in pursuance of the report. laint made ,n is of the (5) Where the Commission has forwarded to the in whether Attorney-General a report under subsection (1), the Attor- sion of the ney-General shall inform the Commission and the Gover- nor-General, in writing, about the action taken in pursuance of the report. ! evidence ersubsec- PARTY Miscellaneous ast whom 39. (1) The Commission acting under this Act has the Power to >notice of power to summon witnesses and to call for the production of summon and examine ted in the books, plans and documents, and to examine witnesses and witnesses. parties concerned on oath. :r section (2) No member of the Commission shall be liable to .rector of any action or suit for any matter or thing done by him as such vherethe member. as, to the (3) Oaths may be administered by any member of the Commission or by the Secretary. 1tions is ed to in 40. (1) In any case relating to the commission of an Powers of , person offence under this Act, the Commission, or the special investigation, appointment of IV, the investigator may, without the order of the Commissioner of ad hoc .dertake Police, exercise all or any of the powers in relation to police investigator, etc. investigations. , on the (2) In any case relating to the investigation of an (1) and offence under this Act, the Commission may appoint an ad 394 Prevention of Corruption [No.21 hoc special investigator to perform specific duties assigned to it by the Commission. (3) Where an ad hoc special investigator has been appointed under subsection (2), he shall have only those powers in relation to police investigations which the Com- mission specifically confers upon him in writing. Special powers 41. (1) Notwithstanding anything in any other law, the or Commissioner of Police, if satisfied that there are reasonable investigation. grounds for suspecting that an offence under this Act has been committed, may, on the recommendation of the Direc- tor of Public Prosecutions, by Order, authorize the Chairper- son or any police of or above the rank of Assistant Superin- tendent named in such order or the Special Investigator to the Commission, so named, to make an investigation into the matter in such manner or mode as may be specified in that Order. (2) An Order made pursuant to subsection (1) may authorize the investigation of any bank account, share ac- count, purchase account, expense account or any other account, or any safety deposit box in any bank or other financial institution, Government Department, Ministry or other Government Office, and shall be sufficient authority for the disclosure or production by any person of all or any information or accounts or documents or articles as may be required by the officer so authorized. (3) A person who fails to disclose such information or to produce such accounts or documents or articles to the person so authorized commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding two years or to both fine and imprisonment. (4) Where there is failure by any person, corpora- tion, company, office, department or other authority, to disclose or production of documents in accordance with an No. 21] Prevention of Corruption 395 21 Order under subsection (1), the Commission may refer the 1ed matter to the Supreme Court for determination.

42 — The Commissioner of Police may, by Order, autho- Powers of

42. The Commissioner of Police may, by Order, autho- Powers of :en rize the Chairperson or the Special Investigator to the Com- investigation )Se authorized by mission, or any other person deemed fit, to exercise, in the the m- case of an offence under this Act, all or any of the powers in Commissioner of Police. relation to police investigations given under the law . .he 43. (1) If deemed necessary for the performance of the Returning legal counsel. ,le duties of the Commission under the provisions of this Act, tas the Commission may retain legal counsel to serve as legal advisor to the Commission. Ill- (2) Legal Counsel retained pursuant to subsection to (1) is entitled to appear at any inquiry conducted by the he Commission under this Act and may, at the request of the 1at Commission (a) question any person who is being examined on oath; ay lC- (b) make a legal submission to the Commission. :er er (3) Section 8 of this Act relating to duty as to secrecy or applies to legal counsel in like manner. ty 1y 44. (1) Every person summoned to attend and give evi- Penalties on :,e dence or to produce books, plans or documents at any sitting witnesses. of the Commission shall be bound to obey the summons served upon him. (2) Every person who (a) refuses or omits, without sufficient cause, 10 to attend at the time and place mentioned in the summons served on him; or :l- (b) attends at the time and place aforesaid, :o but leaves the Commission without the .n permission of the Commission; or 396 Prevention of Corruption [No. 21 (c) refuses to take an oath or affirmation when required to do so; or (d) refuses without sufficient cause to an- swer, or to answer fully and satisfacto- rily, to the best of his knowledge and belief, all questions put to him by or with the concurrence of the Commission; (e) refuses or omits without sufficient cause to produce any books, plans or docu- ments in his possession or under his con- trol, and mentioned or referred to in the summons served on him; or (f) at any sitting of the Commission willfully insults any member of the Commission, or the Secretary, or willfully interrupts the proceedings of the Commission or otherwise misbehaves during any hear- ing of the Commission; commits an offence and is liable on summary conviction to a fine, not exceeding five hundred dollars or to imprison- ment for a period not exceeding six months, or to both fine and imprisonment. Protection of 45. No person giving evidence before the Commission witnesses. shall be compelled to incriminate himself and every such person shall in respect of any evidence given by him before the Commission be entitled to all the privileges to which a witness giving evidence before the Supreme Court is en- titled in respect of evidence given by him before such Court. Payment to 46. The Commission acting under this Act is hereby witriesses. authorized and empowered to order payment to any wit- nesses who may appear and give evidence before it of such sums of money, not exceeding those which the Prime Minister may from time to time by Order prescribe, as the ~ [No. 21 No. 21] Prevention of Corruption 397 r affirmation Commission thinks reasonable and sufficient to reimburse to such witnesses the travelling or other expenses which they have severally incurred in attending the said Commission cause to an- and to compensate them for their trouble and loss of time r1d satisfacto- therein, but it shall be lawful for the Commission to abate or 1ow ledge and wholly disallow payment to any witness. tim by or with :1mission; 4 7. ( 1) Every person required by the Commission or by Legal obligation to a special investigator duly appointed under this Act, or other give fficient cause authorized officer, in pursuance of the objectives and pow- information. ans or docu- ers of this Act, to give any information on any subject which mder his con- it is the duty of the Commission, or of that officer to inquire :rred to in the into under this Act and which it is in his power to give, is ,r legally bound to give that information. ;sion willfully (2) A request to give information under subsection Commission, ( 1) includes the disclosure or production by any person of all .lly interrupts or any information or accounts or documents or articles as )mmission or may be required by the officer so authorized, whether it a ing any hear- natural person or a body corporate. (3) The failure by any person or body to comply with the provision of this Act is an offence punishable on sum- conviction to mary conviction by a fine of ten thousand dollars or impris- · to imprison- onment to a period of three years, or to both fine and )f to both fine imprisonment. (4) Notwithstanding subsection (3), a Court shall . Commission order the disclosure of information or the production of 1d every such documents, as the case may be, in relation to the investiga- by him before tion for which the same was required. :es to which a : Court is en- 48. (1) Any person who General re such Court. Offences (a) willfully hinders or deters any person Act is hereby from attending, giving evidence or pro- it to any wit- ducing any article or document; or fore it of such ~h the Prime (b) threatens, insults or causes any loss to be :scribe, as the suffered by any person who has attended ~ ,'t.Tr 398 Prevention of Corruption [No. 21 No. 21 before the Commission, on account of 50. such attendance; or may d office1 (c) threatens, insults or causes a loss to be the fol suffered by any member of the Commis- sion at any time on account of the perfor- mance of his duties as a member of the Commission; or (d) publishes or otherwise discloses any ma- terial which the Commission had prohib- ited him from publishing or disclosing; or (e) publishes or otherwise discloses any ma- terial received by the Commission in cam- era; or (f) knowingly makes or publishes, whether to the Commission or otherwise, any false, 5 frivolous or vexatious allegation or com- (incl plaint that any person commits an offence cise under this Act; powc Com commits an offence and is liable on summary conviction to a fine not exceeding three thousand dollars or to imprison- staff ment for a period not exceeding one year, or to both fine and men imprisonment. this (2) It shall be a defence in the case of a prosecution under paragraph (e) of subsection ( 1) for the person charged wril to prove to the satisfaction of the court that he did not know othc nor had any reason of knowing that the material published or tive disclosed had been received by the Commission in camera. Abetment, 49. A person who abets, attempts to commit, or con- cil attempt and spires to commit an offence punishable under this Act shall conspiracy to sio commit be deemed to have committed the offence and is liable on offences. conviction to be punished in accordance with the provision for that offence. se1 /'1 No. 21] Prevention of Corruption 399 Jf 50. At the request of the Commission, the Prime Minister Assistance by may direct the Commissioner of Police to detail police Commissioner of Police. officers to attend upon any meeting of the Commission for >e the following purposes S- r- (a) to preserve order during the proceedings 1e of the Commission; a- (b) to perform such other duties as usually J- pertain to their office when in attendance Jr upon the Supreme Court; a- (c) to serve summonses on witnesses; and 1- (d) to perform such other duties as the Com- mission may direct. e,_ 51. ( 1) The power to appoint staff of the Commission Staff of (including the power to confirm appointments) and to exer- Commission. 1- cise disciplinary control over such persons including the power to remove such persons from office shall vest in the Commission :o l- Provided that the persons who are members of the staff of the Commission immediately before the commence- td ment of this Act are deemed to have been appointed under this section. ,n (2) It is lawful for the Chairperson to delegate in :d writing any of his powers of supervision and control over w other members of the staff of the Commission to the Execu- )r tive Director. 1. (3) An appeal shall lie to the Belize Advisory Coun- 1- cil from any decision in relation to the staff of the Commis- 11 sion. n n (4) The salaries and other terms and conditions of service of the staff of the Commission shall be kept broadly 400 Prevention of Corruption [No. 21 • No in line with those obtaining for the corresponding posts in me the public service. eII or (5) The posts of Executive Director, Administrative ge Secretary, Senior Accounts Clerk, in-house Legal Advisor, Cc Special Investigator and the posts of the administrative, technical, professional, clerical and secretarial staff on the CAP. 30. Commission shall be pensionable under the Pensions Act, notwithstanding anything to the contrary in that Act or any other enactment and persons holding ancillary posts of the semi-skilled or unskilled category are entitled to the retire- S.I. 145/1992. ment benefits under the Government (Open Vote) (Work- 41/1997. ers) Regulations, as amended from time to time. (6) Where an office in the public service is trans- ferred to an office under the Commission and he retires or resigns on pension from, or dies while in the service of, the Commission, his service in the public service ranks as qualifying service or pensionable service, as the case may be, for purposes of determining his eligibility for a gratuity CAP. 30. or pension under the Pensions Act. (7) Notwithstanding anything to the contrary in the Pensions Act or in any other law amending or replacing that Act, where a person employed in a pensionable office by the Commission is transferred to a pensionable office in the public service, his service under the Commission ranks as qualifying service or pensionable service, as the case may be, for the purposes of determining his eligibility for a CAP. 30. gratuity or pension under the Pensions Act. (8) When making payment for a pension or gratuity in respect of officers referred to in subsections (6) and (7) above, the Government shall pay the whole pension or gratuity, but the Commission shall contribute to the Govern- ment for the portion representing the number of years of pensionable service rendered by thee officer in the employ- ment of the Commission. No. 21] Prevention of Corruption 401 (9) The Commission may provide for the establish- ment and maintenance for the benefit of its officers and employees of a Pension Scheme, Medical Insurance Scheme or Provident Fund Scheme, and without prejudice to the .,> generality of the foregoing, such Schemes may enable the Commission to (a) contribute to the Government the monies referred to in subsection (8); { (b) grant gratuities, pensions or superannua- tion allowances to, or to the widows, families or dependents of, its employees and officers; (c) establish contributory and superannua- r tion schemes and establish and contribute to superannuation funds for the benefit of s its employees and officers; y y (d) enter into and carry into effect medical insurance and other agreements for se- curing for any such employees or offic- e ers, widows, family or dependents such .t medical benefits, gratuities, pensions or e allowances as are by this section allowed e to be granted; s y ( 10) The staff of the Commission shall retire on reaching the retirement age of 55 years, but may continue in a office after attaining 55 years until such later age as may be determined by the Commission, which age shall not exceed 65 years. y )

52 — ( 1) The Secretariat shall, in such form and by such Budget

52. ( 1) The Secretariat shall, in such form and by such Budget r estimates of the dates as may be prescribed by the Financial Secretary, Commission. prepare and submit to the Prime Minister budget estimates f for each financial year (including supplementary estimates), in respect of ~ '~ 402 Prevention of Corruption [No. 21 No. 21] (a) what remuneration shall be paid to mem- 56. ( bers of the Commission acting under this offence< Act and to the Secretary and to any other Director persons employed in or about the work of the Commission; and such ott (b) payment of any other expenses attendant prosecu1 upon the carrying out of any other func- tions of the Commission, or upon any 57 .• proceedings for any penalty under this for whic Act, convicti to impri and the Minister shall include the same in the Appropriation both fin1 Bill for that financial year with such amendments, if any, as he may consider necessary upon prior consultation with the 58. 1 Commission, provided that the Financial Secretary shall use this Act his best endeavours to secure the consent and agreement of Act sha the Commission on such amendments. when th (2) The sums to be paid to the Commission in 59. pursuance of this section shall be paid by the Accountant prospec obligati General out of the Consolidated Revenue Fund. by the J: Constitutional 53. This Act shall not be construed to affect or modify privileges and 60.! in any way any privilege or immunity granted to a person in immunities not Act, al1 affected. public life under the Constitution. CAP. 4. year of with the Commission 54. Subject to section 8, no action shall lie against the byhimJ and staff to be immune. Commission, its staff or any person acting under the direc- by him tion of the Commission, for anything done or omitted to be mcome done in good faith and in the administration or discharge of against any functions, duties or powers under this Act. receipti Non - 55. The provisions of this Act shall not apply to persons 61. application of Act. who, whether nationals or not and whether resident or not, Prime~ are accredited as ambassadors or honorary consuls by Belize to any country or international organization and who do not receive a salary paid out of the Consolidated Revenue Fund. - No. 21) Prevention of Corruption

56 — (1) No proceedings shall be commenced for any

56. (1) No proceedings shall be commenced for any 403 Proceedings for offences offence or penalty under this Act, except by the leave of the and penalties. Director of Public Prosecutions, or of the Commission. (2) The Commission may direct the Secretary, or such other persons as it may think fit, to commence and prosecute the proceedings for such offence or penalty.

57 — Any person who commits an offence under this Act General

57. Any person who commits an offence under this Act General for which no penalty is prescribed is liable on summary penalty clause. conviction, to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding six months or to both fine and imprisonment.

58 — Unless otherwise specified under the provisions of Limitation of

58. Unless otherwise specified under the provisions of Limitation of this Act, a prosecution for any offence or penalty under this time to commence Act shall be commenced within five years from the date proceedings. when the cause of action accrued.

59 — Every person, whether a person in public life, or a Notice of

59. Every person, whether a person in public life, or a Notice of prospective person in public life, shall take notice of the provisions to persons or obligations, duties and responsibilities created and imposed prospective by the provisions of this Act. persons in public life.

60 — For the purposes of the Income and Business Tax Deductible

60. For the purposes of the Income and Business Tax Deductible income tax Act, all outgoings and expenses reasonably incurred in a expenses. year of assessment by a person in public life in connection CAP. 55. with the preparation of a declaration required to be furnished by him for the purposes of this Act are deemed to be incurred by him wholly and exclusively in the production of his income for that year of assessment and shall be deductible against his chargeable income for income tax purposes of his receipts for business tax purposes.

61 — (1) The Commission may, with the approval of the Regulations

61. (1) The Commission may, with the approval of the Regulations. Prime Minister, make regulations (a) prescribing the manner in which enqui- ries may be carried out and any matters 404 Prevention of Corruption ""' [No. 21 incidental to or consequential on such mqumes; Second (b) amending the form specified in the Sec- Schedule. ond Schedule; (c) prescribing the period within which any information or document required by the Commission should be furnished or pro- duced; (d) prescribing the criteria for making ap- pointments to the posts on the staff of the Commission; (e) fixing of salaries and privileges; (/) prescribing measures to ensure discipline and to govern the dismissal and retire- ment of the staff including the procedure to be followed; and (g) prescribing any matter or thing, whether similar to the above or not, in respect of which it may be expedient to make regu- lations for the purpose of carrying this Act into effect. (2) The National Assembly Staff (Conditions of Service) Regulations shall apply to the Commission until such time that are made by the Commission governing same. (3) All regulations made by the Commission under this Act shall be laid before the National Assembly as soon as may be after the making thereof, and shall be subject to negative resolution. Commencement 62. This Act shall come into force on a day to be appointed by the Prime Minister by Order published in the Gazette. t 21 No. 21] Prevention of Corruption 405 uch 63. ( 1) The Prevention of Corruption in Public Life Act Repeal is repealed. CAP. 12. :ec- (2) Anything done or required to be done under or pursuant to the repealed Act shall: any (a) from the commencement of this Act be the treated for all purposes as fully carried out •ro- and completed and shall not be done under or pursuant to this Act. ap- the me re- ure 1er of of til 1e. 1 er )n to Je 1e ~ 406 Prevention of Corruption [No. 21

FIRST SCHEDULE

FIRST SCHEDULE [Section 3} Tenure and Procedure of the Integrity Commission Tenure of Office. 1. Subject to the provisions of this Schedule the ap- pointment of a member of the Commission (including the Chairman) shall be for a period not exceeding three years, and such member shall be eligible for re-appointment. Resignation. 2. ( 1) Any member of the Commission, other than the Chairman, may at any time resign his office by instrument in writing addressed to the Governor-General and transmitted through the Chairman, and from the date of the receipt by the Governor-General of such instrument such member shall cease to be a member of the Commission. (2) The Chairman may at any time resign his office by instrument in writing addressed to the Governor-General and such resignation shall take effect as from the date of receipt of such instrument by the Governor-General. Revocation of 3. The Governor-General may on the advice of the appointment. Prime Minister given after consultation with the Leader of the Opposition at any time revoke the appointment of any member: Provided that the appointment of a member who was appointed as such with the concurrence of the Leader of the Opposition shall not be revoked under this paragraph with- out the concurrence of the Leader of the Opposition. Vacancies. 4. ( 1) A vacancy in the membership of the Commission occurs (a) on the death, resignation or revocation of the ;ir,pointmf".nt, of B member; No. 21] Prevention of Corruption 407 (b) on the absence of a member from six consecutive meetings of the Commission, unless the Governor- General decides otherwise; ( c) at the expiration of three years from the date of the appointment of a member. e ;, (2) Where any vacancy occurs in the membership of the Commission, such vacancy shall be filled by the appoint- ment of another member who shall, subject to the provisions e of this Schedule, hold office for the remainder of the period n for which the previous member was appointed, so, however, d that such appointment shall be made in the same manner and te from the same category of persons, if any, as the appoint- 11 ment of the previous member. 5. The appointment, resignation, revocation of appoint- Publication in ;e Gazette. ment, or death of a member of the Commission shall be al published in the Gazette. )f 6. The validity of the proceedings of the Commission Validity of proceedings. shall not be affected by any vacancy amongst the members 1e thereof or by any defect in the appointment of a member of thereof. 1y 7. The Commission shall meet at such times as may be Meetings of the Commission. convenient or expedient for the transaction of business, and as at such places as it may deem fit. he h- 8. The Chairman shall preside at meetings of the Com- Chairman to preside. mission and in the case of his absence from any meeting the members present shall elect one from amongst their number on to preside at that meeting. 9. The decisions of the Commission shall be by a Decisions to he majority. majority of votes of the members present and voting and, in adrliti0n tn lln nri~in::11 vote, the Chairman or an:· "lthcr 408 Prevention of Corruption [No. 21 person presiding at the meeting shall have a casting vote in any case in which the voting is e.qu.aL Quorum. 10. The quorum of the Commission shall be four mem- bers thereof. Minutes. 11. Minutes in proper form shall be kept of the proceed- ings of the Commission. Delegation and 12. Subject to the provisions of this Schedule the Com- regulation of proceedings. mission shall have power to regulate its own proceedings, and may delegate to any member or committee thereof the power and authority to carry out on behalf of the Commis- sion such duties as the Commission may determine. Expenses. 13. Any expenses incurred by the Commission and other members of the Commission in the performance of their duties shall be paid out of money provided for the purpose by the National Assembly. Seal and 14. (1) The Seal of the Commission shall be kept in the execution of documents. custody of the Chairman and shall be affixed to instruments pursuant to a resolution of the Commission in the presence of the Chairman and any other member or the Secretary. (2) The Seal of the Commission shall be authenti- cated by the signatures of the Chairman and one other member or the Secretary. (3) All documents other than those required by law to be under seal made by, and all decisions of, the Commis- sion may be signified under the hand of the Chairman or the Secretary. Accounts and 15. The Commission shall keep proper accounts of its audit. receipts, payments, assets and liabilities and such accounts shall be audited annually by an auditor appointed in each year by the Commission. , No. 21] Prevention of Corruption 409 11

SECOND SCHEDULE

SECOND SCHEDULE m FORMA [Sections 10 and 61] 1- i- NOTES: 1. To be completed legibly in ink or typewritten. 2. Complete all sections, leave no blank spaces. 1- 3. If space is insufficient under any section the required information S, may be supplied on a separate sheet and a note inserted under te the section showing the total. PLEASE FOLLOW ALL NOTES AND INSTRUCTIONS CAREFULLY II e DECLARATION e of Assets and Liabilities at s (Declaration date) e and of income for the twelve months (or other period where appropriate) ended on that date. r NOTE: (a) Where any property is held by the declarant, the declarant's spouse or the declarant's child or children in trust for any other V person, this should be indicated by a note to that effect. (b) The declaration date should be the date as indicated above. '.\ame and address of declarant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ?\amc and address of dcclarant's spouse _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ·~ 410 Prevention of Corruption [No. 21 i\ames and addresses of declarant's child or children (under age 18). 1. Particulars of Bank accounts and/or Credit Unions held by declarant, declarant's spouse, dedarant's child or children (under age 18). Name of Bank Address of Name in whidi. Account No. Type of Balance$ or Credit Bank account held Account Union i !l : NOTE: Letters of verification from banks and credit unions must be submitted showing balances on declaration date. N.B. ALL INTEREST EARNED FOR THE PERIOD FROM BANK ACCOUNTS AND CREDIT UNIONS MUST BE SHOWN IN SECTION 12 (INCOME) 2. Particulars of cash in excess of $500 held other than in a Bank or Credit Union by Where held Amount$ (a) Declarant (b)Declarant's Spouse I (c)Declarant's child or I children No. 21] Prevention of Corruption 411 3. Particulars of bonds, stocks, shares and similar investment [including, private limited liability companies} held by declarant, declarant's spouse, dedarant's child or children (under age 18). Description of ' Name in which Date of Cost of j Dividends Estimated investment \ held acquisition or acquisition or re.::eived in the Market Value purchase purchase$ year s or Book Value $ I N.B. ALL INCOME DERIVED FOR THE PERIOD FROM THE ABOVE INVESTMENTS MUST BE SHOWN IN SECTION 12. 4. Particulars of immovable property such as houses and land held by declarant, dedarant's child or children (under age 18). I Description/Location Name in : Wbether Date of Purchase price Estimated (rerording reference which held : leasehold or acquisition or and/or Market Value ii available) freehold purchase const.ruction $ ! rost $ I I NOTE: Houses should be valued unfurnished and furniture included in section 5. N.B. ANY INCOME DERIVED FROM THE ABOVE PROPERTIES FOR THE PERIOD MUST BE SHOWN IN SECTION 12. ~ 412 Prevention of Corruption [No.21 5. Particulars of personal property such as furniture, appliances, clothing, jewelry, coins, stamps, works of art etc., owned by the declarant, declarant's spouse, declarant's child or children (under age 18). NOTE: An aggregate sum should be shown for personal property. Any individual item or collection of items valued at $2000.00 or more must be listed separately. (List motor vehicles, boats, and aircrafts under Section 8). ITEM OWNER VALUE$ l I 6. Particulars of investments held in mortgages or business ventures other than investments shown in paragraph 3, by dedarant, declarant's spouse, declarant's child or children (under age 18). Type of 0-wnerof Term of Interest rate (if Amount of Net Income for investment investment and investment applicable)% investment $ period $ percentage of ownership N.B. ALL INCOME SHOWN ABOVE MUST ALSO BE ENTERED IN SECTION 12. NOTE: If money invested under item 6 is invested in a firm (in which any of the above is a partner), then state the estimated market value of that person's investment therein. { No. 21] Prevention of Corruption 413 7. Other accounts receivable by the declarant, declarant's spouse, declarant's child or children (under age 18). To whom Date due Due from Purpose ! Original Interest i Balance owed arnow1t$ earned$ !I outstanding · atendof I i declaration ; ; period$ i I N.B. IF ANY INTEREST WAS EARNED DURING THE PERIOD IT MUST BE SHOWN AS INCOME IN SECTION 12 8. Particulars of motor vehicles, boats, and aircraft owned by the declarant, declarant's spouse, declarant's child or children (under age 18). I Name of owner Description Dale of a.:quisition ! Purchase price$ Market value$ I! (including age) i ' N.B. IF ANY OF THE ABOVE MOTOR VEHICLES, BOATS OR AIRCRAFTS WERE INVOLVED IN THE PRODUCTION OF INCOME SUCH INCOME MUST BE SHOWN IN SECTION 12. 414 Prevention of Corruption • [No. 21 9. Particulars of Life or Endowment insurance policies held by the dedarant, declarant's spouse, declarant's child or children (under age 18). Name of Name of Insurance DeSL.:ipbon Date of Face l; Amountof Cash insured beneficiary Company of policy maturity Value$ • premium surrender person and date value$ I of issue I ! I i i 10. Particulars of safety deposit box (not disclosed in Section 2 or 5). , Whereheld ' Contents Estimated value $ (a) Dedarant's (b) Declarant's spouse ' (c) Dedarant's children i 11. Particulars of any other property held in ttust or otherwise for the declarant's spouse or the dedarant's child or children (under age18). Description of Name of beneficial By whom being i Date of acquisition Estimate Value S property owner held and in what ' or transfer capacity 12. Particulars of income in respect of the relevant 12 month period ended on the 31"1 day of December or other period where appropriate including perquisites such as house, entertainment, travel on official business and constituency allowance etc.) of declarant, declarant's spouse, declarant's child or children (under age 18). f ' . 21 mt, No. 21) Prevention of Corruption 415 Source of income (salary, realty, By whom earned i Period for whidi earned I Amount from securities and any other income} I i eadisource i From To Gross S ler Total from all sources S _I 13. Particulars of secured debts payable by declarant, declarant's spouse, declarant's _J child or children (under age 18). To whom By whom Date debt Date How Original Repayment Balance owed owed was due secured amount$ terms owning at end I I ; incurred of declaration I period I I I I t's NOTE: Letters of verification from lending institutions or creditors must be submitted showing balances at declaration date. 14. Particulars of other liabilities of declarant, declarant's spouse, declarant's child or children (under age 18). Date debt To whom ! By whom : Repajment Balance I Oesniption oi liability incurred owed owed Original amount.$ terms owning at end I 1 of declaration i I period " ! i I h I i I I e I \ ! i I ! I ! 13. Particulars of any (property, business or investment) acquired OR disposed of including real estate, bonds, stocks, shares, motor vehicles, boats, and aircrafts etc. during the relevant period ending on the 31" day of December in respect of which a 416 Prevention of Corruption • [No. 21 declaration is made by declarant, dedarant's spouse, declarant's child or children (under age 18). Description of each By whom acquired or Price paid on Price received on ' by whom disposed I Asset (property, acquisition $ disposal$ business or investment) N .B. UST ALL ACQUISITIONS UNDER 1HE RElEV ANT SECTIONS. 16. Explanation of contents of this declaration (if declarant considers it necessary). (See note No.3 on page 1). I do hereby swear solemnly and sincerely declare that the particulars given by me herein are, to the best of my knowledge, true and accurate. Signed at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ this _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (Please print name) (Signature of declarant) (Magistrate/Justice of the Peace/Notary Public/ Commissioner of the Supreme Court. • [No.21 No. 21] Prevention of Corruption 417 children FORMB [Section 12] ce received on disposal$ PREVENTION OF CORRUPTION IN PUBLILC LIFE CERTJFJCATE NAME. OF DECLARANT: ............................................................................... . Total Assets and Liabilities of the Dedarant, his spouse and children (if applicable) as at 1ecessary). byme A. TOTAL INCOME $ _ _ _ _ _ _ _ _ _ __ Assets Personal Property Freehold Property Leasehold Property Investment $_ _ _ _ _ _ _ _ _ B. TOTAL ASSETS Liabilities Due after 12 months Due within 12 months C. TOTAL LIABILITIES $_ _ _ _ _ _ _ _ _ y Public/ $_ _ _ _ _ __ D. NET WOR fH (B - C) :t. 418 Prevention of Corruption [No. 21 The Commission, having examined the Declaration of the above-named person in public life, hereby certifies that, as far as it can determine, from the information provided, a full disclosure has been made in accordance with the provisions of the Act. Any person may make a written complaint to the Commission in relation to this Certificatt> (Section 12(3)). Chairman/Executive Director INTEGRITY COMMISSION DATED this _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ ___.J 20_ __ e ' Vo. 21 No. 21] Prevention of Corruption 419 irson THIRD SCHEDULE ~ Act. PART I {Section 22] > this ACTS OF CORRUPTION A person commits an act of corruption if l. (a) he in the performance of his public functions does any act or omits to do any act for the purpose of obtaining any illicit benefit for himself or any other person; (b) he fraudulently uses or conceals any property or other benefit derived from any such act or omission to act under paragraph -· (a)or(b); (c) he offers or grants, directly or indirectly, to a public servant any article, money or other benefit being a gift, favour, promise or advantage to the public servant or another person, for doing any act or omitting to do any act in the performance of the public servant's public functions; (d) he allows his private interest to conflict with his public duties or to improperly influence his conduct in the performance of his public duties; (e) he being a natural person or a corporation, either aggregate or sole, club, society or other body of one or more persons, offers or grants, directly or indirectly to a person performing a public function in a foreign State, any article or money or o.ther benefit, being a gift, favour, promise or advantage in connection with any economic or commercial transaction for an act to be performed or omitted to be performed by that person in the performance of his public functions; r ,-'-;$'.ls; __ j j --~~:. 420 Prevention of Corruption [No. 21 (/) he illegally uses for his own benefit or that of a third party, any property (including money) belonging to the Government or any statutory body or any government company or any body providing public utilities to which he has access as a result of or in the course of, the performance or his functions; (g) he, for his own benefit or for that of a third person, illegally diverts any property belonging to Government or any other person, which is in his custody for the due administration of his duties; (h) he acquires, or becomes a partner, associate or shareholder in, or a director of a firm or company which has a contract with the Government or with the public body of which such person is a member or employee unless the person makes a disclosure of such partnership, association, shareholding or other interest to the Commission; (i) he illegally uses official influence in support of any scheme, or in furtherance of any contract or proposed contract or other matter in regard to which he has an interest; (j) he or any other person, on his behalf, illegally acquires property or pecuniary resource disproportionate to his legitimate sources of income; (k) he instigates, aids, abets or is an accessory after the fact or participates in whatsoever manner in the commission or attempted commission of or conspires to commit any act of c,orruption referred to in paragraphs (a) to (k). No. 21] Prevention of Corruption 421

THIRD SCHEDULE

THIRD SCHEDULE PART II [Sections 16 and 39] SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION A.B., Complainant C.D., (name ofperson in public life). TOE.F.,of ............................................................................................. whereof A complaint has been made before the Integrity Commission that C.D. (state concisely the substance of the complaint) and it has been made to appear to the Commission that you are likely to give material evidence on behalf of the Complaint/person in public life in this behalf: This is to require you to be and appear at ................. o'clock *a.m. /p.m. on the . ... ..... ..... ..... ... .. day of .. .... .... ...... .. . ... .... .. 20. ......... at ...................................................................... before the Commission in the said place, to testify concerning the matter of the said complaint. Dated, this day of 20 ......... . Chairperson of the Integrity Commission * Delete whichever is inapplicable Printed by the Government Printer #!Power Lane, Belmopan Ci1y

Prevention of Corruption Act No. 21 of 2007

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