Anti-corruption Act

8 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official. Gazette 9 25. Liability for corrupt acquisitions 59. Custody and release ofseized property 26. Corruption by agent and principal \ 60. Restriction on disposal of property 27. Corruption concerning election 61. Restriction on disposal of property by third party 28. Interference with witnesses 62. Forfeiture of unexplained property 29. Corrupt practices by, or with, foreign public official , 63. False testimony 30. Corruption in relation to sporting events . 31. Disclosure ofinterest PART V - POWERS OF THE ATTORNEY GENERAL 32. Gratification for giving assistance etc., with regards to contracts 33. Interference with official duties 64. Prosecution by Attorney General 34. Corruption and bidding , 65. Bail where suspect or accused person about to leave Republic 35. Corruption concerning investment . .. 36. Unlawful acquiring of public fundsandpubbc property PART VI - EVIDENCE, PRESUMPTIONS AND 37.. Concealment of Property . , OTHER MATTERS 38. Destruction, mutilation or falsificatioDofboeks 66. Unlawful gratification 39. an Reporting instance of gratificatioa .,. .' . . 67. Presumption ofcorrupt intent 40. Conspiring with a person to commitanotJmceand attempt tocomnnt 68. Grant of indemnity by Attorney General offence 69. Protection of whistle blowers, victims, experts, etc. 41. Sexual favour as consideration 70. Evidence of custom inadmissible 42. Abuse of Position of trust 71. Other inadmissible evidence 43. Embezzlement 72. Corrupt practices coming to notice of commission, body or tribunal 44. Penalty .' . . . .. 73. False, frivolous or groundless complaints or allegations 45. Fine to be recovered in accordance with provrsrons of CnI1nma 74. Application of Criminal Procedure Code Procedure Code 75. Tampering with seized property 46. -Recevery by Principal of granDt.lionascivil debt 76. Alternative conviction of accused person 47. Certifying Value of gratification 77. Liability to victim , 48. Defence , 78. Notifying persons aboutthe claim against him 49. Suspensienofpublie officer cha:rgWwith corruption 4 50. Disqualification of public officer ' PART VII -:FINANCE, ACCOUNTS AND REPORTS 51. Offences by body corporate or body unincorporated 79. Funds ofthe Commission 80. Accounts and audit PART IV - INVESTIGATION OF CORRUPT PRACTICES 81. Annual Report 52. Lodging of complaint concerning corrupt practices 53. Attendance of person being investigated PART VIII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 54. Entering and searchingpreinises 55. CEOapplicationforawarrant 82. Staff of the Commission 56. Investigation of banks 83. Application of provisions ofthe Penal Code 57. Arrest of person without warrant 84. Protection of action taken in good faith 58. Seizure of property 85. Regulations [4th April 2016] Supplement to Official Gazette 11 ANTI-CORRUPTION ACT, 2016 (Act 2 of 2016) I assent J. A. Michel President 31st March, 2016 AN ACT to establish the Anti-Corruption Commission; provide for its functions and powers and to create a means by which it can investigate, detect and prevent corrupt practices. ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Anti-Corruption Act, Short title and 2016. commencement

12 Supplement to Official Gazette [4th April 2016] [4th.ApriI2016] Supplement to Official Gazette 13 Interpretation 2. In this Act- (ii) the total value of the assets contributed \ by that person before or after the "agent" means a'person employed by, or acting for, creation of the trust, amounts, at any another and incl~ an omcer of a public body or time, to not less than twenty percent of private body wlw acts for, or on behalf of, a public the total value ofthe assets of the trust; body or a privak Pody or any other person, a trustee ,an ex~, Of' an administrator of an estate "AttorneyGeneral" means the person appointed as of a deceased person;· such under Article 76 of the Constitution; "appropriate authcwity" means a suitable person or "Chairperson" means the person appointed as institution "viag the competence to deal with a Chairperson under section 6; particular sittl!atitm. "Commission" means the Anti-Corruption "associate", in relation to a person, meaBS- Commissionestablished under section 4; , (a) apason woo is a nominee or an emproyee of" "Commissioner" means a ,person appointed as that pmoo; Commissioner under section 6; (b) a])ersml wh0 manages the affalirs of that "corrupt" means the acts of soliciting, accepting, 'person;. obtaining~giving, promising or offering of a gratification by way of a bribe or inducement, or the (c) a former spouse or conjugal parma of that misuse or abuse of a public office for advantage or persoo; benefit for oneself or for another person, and (d) a firm of which that person, or that person's "corruption" shall be construed accordingly; nominee, is a partnefor a person in charge or in control of its business or affairs; "Chief Executive Officer" means the Chief Executive Officer of the Commission appointed (e) a company in which 1lhat persea or that ••. under section 19; persea's nominee, is a'medor or is in charge or in coOOol ~f its blolsmessor 1Id'faiTs, or in "document" means any manner in which which that person, alone or together with that ", information is recorded or stored on a device, and person'snominee, holds a controlling interest' '; inc1udes- orsbare;or . (a) anything on which there is writing; (t) tbetmsiee of a trust, where- (b) anything in which there are marks, figures, (i) the trust has been, created symbols or perforations having meaning for person; or persons qualified to interpret them; [4th April 2016] Supplement to Official Gazette 15 14 '(c) ;~!&omn whichS0l.111lds, images or liquidation of any loan, obligation or other ~ aa.be pt'.ecmced, with or without the liability, whether in whole or in part; at4l())/f~else;or (d) any ~ez:rice, favour or advantage of any (d'} ;Dy:of6e~ demed Ita m}J)m;a~hs(a) description, such as protection from any 'to((e~lkq1t_~me1ectromcfom:t; p~n~lo/ or from any action or proceedings of a disciplinary or penal nature, and including the . exercise or the omission from the exercise of any right of any official power or duty; ;(a) :a.JPCIOlI8 ~ :ay i~e. l(1giSilative, ;aaaj~ _~;<lllflJOOe .at .any. ·level (e) ~y val~able consideration or benefit of any ,(!)If1tlhc~afa~:State; . kind, discount, commission, rebate, bonus deduction or percentage; and ((tI>~ mJf ;"a-pmft&ilri.~ tfmxIIlitms fora foreip :StI4e, 'Dr mry 'hnui, ·OOIIIIIIissiol!l, (f) any aid, vote, consent or influence' , .~ ' •.• 1lIftJer lbNy.m mdbority .p~._(C!JI'_Ch(i)JHmbflhal!fofthe "Minister" means Minister responsible for Public fORlip:sta-.;.w Administration; ;(c~an .~ •.. apt ,@fa ':rmbmcImt.mmational "official emoluments" includes a pension, gratuity org~fm:modlby_0'0rm0JCS1Btes;or or other terminal benefits; tW'0 (CJ1I"mOTte :p,:ri:bH:c i'D.1ie1'lBattii·0'na,1 -or~ "principal" includes an employer, beneficiary under a trust, and any person beneficially interested ~G(:)'Vemmenf'mclodesany~ O£pmment, in the estate of a deceased person as though the .Service;0t~g;0f;fueGo:gmment; estate were a person, and, in relation to a public officer, the authority or body of persons in which the public office is held; _ (ft!)money~ a,gift,:l0&n, ~...,il,cOJJJDJissioo, "private body" means a voluntary organisation, non soourity, !F~.iJJtm.est om. .~ of gov~rnme~ta~ organisation, political party, any (des:c~ptitm, \~rm~le or chantable institution, company, partnership, club ,immO¥sble; or any other person or organisation which is not a public body; . f~> -m.Y;p1fomisef8J78D,~leYment oroonm-act·of :'property" includes any property movable or eq;loymmlt{~iinanycapacity; Immovable, money, funds, interests in property, (c, -any lPa~ 'lte!lease, disc!harge or documents or instruments in any form, bank

16 Supplement to Official Gazette . . [4th April 2016] [4th April 2016] Supplement to Official Gazette 17 credits, cheques, shares, securities incorporeal "unexplained property" means property in respect property, whether located in the Republic or of which the value is disproportionate. to a person's elsewhere; known sources of income at or around the time of the commission of the offence and for which its "public body" means the Government, any acquisition has no satisfactory explanation; Ministry or departmetlt of the Government, the National Assembly. theludiciary, a local authority, "victim" means a person who suffers damage as a board, council, authority, commission or other result of an act of corruption. - body appointed by theGovernment, or established by, or under, anywritten law; 3.( 1) The provisions of this Act shall, notwithstanding Act to prevail over other laws anything inconsistent contained in any other written law, for "public officer" bas the same meaning assigned to the time being in force, prevail to the extent of the it under Sectioul ~fthePublic Officers' Ethics Act; inconsistency. "public proper:tyr"means. property belongiagte or (2) Without prejudice to subsection (1), the provisions under the control of, or assigned to, a public body; of this Act shall be in addition, and not in derogation of any other written law for the time being in force. "relative" in telation to a person, means a parent, son, daughter, brother, sister, nephew, niece, uncle, PART II - ANTI-CORRUPTION COMMISSION aunt;grandpa.J;eat Or cousin of that person or a spouse ofthalpel'son; 4.(1) There is hereby established a Commission to be Establishment of the Anti- known as the Anti-Corruption Commission which shall be a Corruption "Republie':' means the Republic ofSeychelles; body corporate with perpetual succession and a common seal Commission capable of suing and being sued in its own name. "seizure" .means temporarily prohibiting the (2) The Commission shall be a self-governing, neutral transfet,conversion, disposition or movement of any property or temporarily assuming the custody and independent body and shall not be subject to the direction " or control of any person or authority. or control of property on the basis of an order issued by a court or a notice by the Chief Executive 5.( I) The functions of the Commission are - Functions of Officer or an officer of the Commission; Commission (a) to enquire into and conduct investigation of "sporting event" means an event or, contest in any offences; sport, between individuals or - teams whether involving the participation of any animal or not, or (b) to file cases on the basis of enquiry or any other form of sports approved by the National investigation and to conduct cases; Sports Council, and is governed by the provisions of the National Sports Council Act or any other (c) to hold enquiry into allegations of corruption written law; on its own motion or on the-application of an

18 Supplement to Offi.cial Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette. 19 aggrieved person or any person on his or her integrated approach to the eradication of behalf; '. . corruption; (d) to perform the functions assigned to the (1) to consult, co-operate and exchange Commission by this.Act.or under any written information with appropriate bodies of other law; countries that are authorised to conduct inquiries or investigations in relation to (e) to review.and recogniseprovisionsof'laws for corrupt practices; the prevention of corruption and submit recosuneadations to the President for their (in) to adopt and strengthen 'mechanisms for effective implementation; educating the public to respect the public good and public interest and, in particular-s- (f) to raise a-warenessand promote the values of honesty and integrity among peoele with a (i) 9reate awareness for the fight against view to preventc~ll'Uption; , corruption and related offences; . (g) to orga.niseseminars, symposiums, (ii) develop educational and other workshops on the subjects falling within the programmes in collaboration with the functions ~,duties oftheCommissioo.; media; (h) to identlfy;vanol:lScauses of corrupaenin the (iii) promote an environment for upholding context of socio~economic conditions of the ethics in governance; Republic and make recommendations to the President; (iv) disseminate information and sensitise the public about the negative effects of (i) to determine the procedure of enquiry, corruption and related offences; investigation, filing of cases ana.alio the procedure of according s.anctioo of. the (v) do all Such other things that are Commission for filing cases against incidental or conducive to the corruption; attainment of its functions; and 0) to investigate. a public officer's conduct which (n) to perform any other duty as may be the Commission has reaseaable grounds to considered necessary for the prevention of believeis connected with.corrupt practices: corruption. (k) to co-ordieate or co"Qp,er.ate,as applicable, 6.( 1) The President shall, on the recommendation of the Appointment to with other institutions autherised to Constitutional Appointments Authority, appoint to the and compositions investigate, proseoute,prevent aad combat Commission a .Chairperson, Vice-Chairperson and three of the corrupt practices SO: as to implement an Commissioners. commission

20 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 21 (2) The recommendation of the Constitutional (2), A person shall not be appointed as the Vice- Appointments Authority shall be on the basis of the Chairman or a Commissioner ifthat person-s- qualifications, experience and eligibility specified in subsections (3) and (4) and section 7. (a) holds office in, or. is an employee of, a politi~al party; (3) A person who has held or is qualified to hold the 'post of a Judge of Supreme Court or Justice of Appeal shall be (b) has been convicted and served a sentence of qualified for appointment as Chairperson. imprisonment for term of six months or more for an offence involving fraud, dishonesty or (4) A person to be a.ppointed as Vice-Chairperson or a moral turpitude, or any other offence under Commissioner shall have wide experience and knowledge in this Act or any other written law. anyone or more ofthe following fields of services- 8.(1) 'The Chairperson may resign upon giving a two Resignation of (a) anti-corruption; month's written notice, to the President. Chairperson, Vice- Chairperson and commissioner and (b) accounting; (2) The office of the Chairperson shall become vacant- Vacancy of Office (c) administration; (a) if the Chairperson is absent from three consecutive meetings of the Commission, (d) law enforcement; without reasonable excuse; (e) investigation; (b) if the Chairperson is adjudged bankrupt; (f) forensic services. (c) 'if the Chairperson is convicted of an offence (5) The term of office, salary allowances of the under this Act or any other written law and Chairperson, Vice-Chairperson and the Commissioners shall sentenced therefor to imprisonment for a term be such as may be prescribed; of six months or more, without the option of a .• fine; Eligibility of 7.( 1) A person 'having the qualification specified under Commissioners (d) if the Chairperson is declared to be of section 6(4) is eligible to be appointed as the Vice-Chairperson unsound mind; or or a Commissioner if that person-s- (e) 'upon the Chairperson's death. (a) is a citizen of, and resides permanently in, the Republic; (3) Subsections (1) and (2) shall mutatis mutandis' (b) is of proven integrity; and apply to the Vice-Chairperson and Commissioners. (c) has distinguished record of public service, or (4) Where a vacancy arises for any reason whatsoever service in a profession or vocation. in the office of the 'Chairperson, Vice-Chairperson or any

22 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 23 Commissioner before the expiry of the term of office" the person appointed to fill sueh vacancy shall hold office for the the Chairperson may upon giving notice of not less than fourteen days call a meeting ofthe Commission. remainder of the term for which his or her predecessor in office would have held office if such vacancy had not occurred. (3) Where the urgency of a 'particular matter does not permit the giving ofa notice in accordance with subsection (2), Termination 9. (1) Subjectto the provisions of subsections (2), (3) and of a special meeting may be called on shorter notice given by Appointment . (4) the President may remove from office the Chairperson, three members of the Commission including the Vice- Vice-Chairperson or a Commissioner on grounds of gross Chairperson. misbehavior. (4) In the absence of the Chairperson, the Vice- (2) Where acompiaint,allegation or report of Chairperson shall preside over a meeting of the Commission misbehaviour against the Chairperson, Vice-Chairperson or a and in the absence of both the Chairperson and the Vice- Commissioner is received and the President is prima, facie Chairperson, such other Commissioner as the Commissioners satisfied that it shall be enquired into, the President shall refer present elect for the purpose of that meeting shall preside over the matter to the Chief Justice of Supreme Court for enquiry the meeting. and report. >', (5) The Chairperson a,d two Commissioners shall (3) Where a question of removing-the Chairperson, constitute quorum at any meetin ofthe Commission. Vice-Chairperson Or a Commissioner is referred to the Chief Justice, the President may suspend the Chairperson, Vice- (6) A decision of the Co ission shall be taken by a Chairperson or the Commissioner, as the case may be, from maj ority of the Commissioners resent and in the event of an performing the functions of the Commission but the equality of votes, the person presi ing at the meeting shall have suspension shall cease to have effect if the Chief Justice a casting vote. recommends to the President that the Chairperson, Vice- Chairperson or the Commissioner, as, the case maybe, ought (7) The Commission request a 'person whose not be removed from office. ' presence is in its opinion T1ecessarVl to attend and to participate in the deliberations of a meeting the Commission but such 4 (4) The Chief Justice shall on a reference made under person shall have no right to vote. subsection (2) hold an enquiry and recommend to the President whether the Chairperson, Vice-Chairperson or the (8) An act or a proceeding the Commission shall not Commissioner ought to be removed on such groundor grounds be invalid by the reason of a inthe membership of the and the President shall act accordingly. ' Commission, a defect in the appomtment of a Commissioner or by reason that a person who took in the proceedings was Meetings of lO.{l) The Commission shall meet at least once in every not entitled to do so. the Commission two months at the place and time as the Commission determines, ' 11.(1) The Commission for the purpose of Establishment of Committees performing its functions under . Act,' establish such (2) Where at least two members so reque~t in writing, committees as it deems necessary delegate thereto such of its functions as it considers <lnn,rro""ri te. ~-~- ---------- ----------~ ..

24 Supplement to Official Gazette [4th April 2016] [4thApri12016] Supplement to Official Gazette 25 (2) Subject to subsection (1), the Commission may \ exceeding SCR200,000 or to imprisonment for a period not appoint as members of a committee, persons who are or are not, exceeding two years, or to both such fine and imprisonment. Commissioners except that at least one member of a committee shall be a Commissioner appointed under Section 6. (3) A person who, having information which to the knowledge of that person has been published or disclosed in (3) A person serving as a member of a committee shall contravention of subsection (1), unlawfully publishes or hold office for such period as the Commission may determine. communicates the information to any other person, commits an offence and is liable, upon conviction, to -a fine not exceeding . (4) Subject to any specific or general direction of the SCR 200,000 or to imprisonment for a term not exceeding two Commission, a committee may regulate its own procedure. years, or to both such fine and imprisonment, Remuneration of 12. There shall be paid to the member of a committee 15. An action or other proceeding shall not lie or be Immunity of Commissioners and members such remuneration and allowances as may be prescribed. instituted against the Chairperson, the Yice-Chairperson, a Commission and of committee Commissioner or a member of a committee of the Commission members of committees -Declaration 13.(1) A person who is resent at a meeting of the for, or in respect of, any act or thing done or omitted to be done -of Interests Commission or any committ e at which any matter is the in the exercise of a performance, function or duty conferred subj ect of consideration, and in which matter that person or under this Act if the act or omission was \done or omitted in spouse of that person, his or h r relative, friend or associate is good faith. . directly or indirectly interest :d in a private capacity, shall, as soon as is practicable after th : commencement of the meeting, 16. The Commission may establish pecialised units to Establishing of declare such interest and sh U,unless the Commission or the investigate and deal with matters as the Co . ission considers specialised units committee otherwise direct " recuse him or herself from the appropriate. meeting. 17.(1) The Commission may instruct ~ public body on Instructions by Commission (2) A disclosure of' nterest made under subsection (1) practices and procedures that are necessary ~oprevent, reduce shall be recorded in the mi nutes of the meeting at which it is or eliminate the occurrence of corrupt practicts. made. (2) A public body shall, not later than \ninety days from Confidentiality 14.(1) A person shall lot, without the written consent of, the receipt ofthe ins ctions from the commlssion pursuant to or on behalf of, the Co nission, publish or disclose to any sub-section (1), effe t necessary changes in its practices and unauthorised person, oth zwise than in the course of that person's duties,the conten .s of'a document, communication or information, if the doc lent relates to or has come to the knowledge of that person in the course of that person's duties under this Act. . procedures. (3). A public body which considers it . \ the changes in practic~s andproced ures ~ontained in the i?-s .ctions from the CommISSIOn.are im practicable or otherwise disadvantageous to the effective dis ;harge of its functions shall, within thirty (2) A person who .ontravenes subsection (1) commits days of the receipt if the instructions, make tepresentations to an offence and is liabl , upon conviction, to a fine not the ChiefExecutiv Officer in writing. .; -======~= >- '>--~~ ••

26 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 27 (4) The Commission, may, after considering the (3) The Chief Executive Officer shall not, while representations of a public body made under sub-section (3), holding the office of Chief Executive Officer, discharge the confirm, vary or cancel the instruction given to the public body. duties of any other office of emolument in the Republic. (5) The head of a public body which, without any I reasonable explanation, fails to comply with the instructions of 20. The President may, on the recommendation of the Termination Commission, terminate the appointment of the Chief of the Commission commits an offence and is liable, upon Appointment conviction, to a fine not exceeding SCR 200,000 or to Executive Officer, who- of CEO imprisonment for a term not exceeding two years, or to both such fine and imprisonment. (a) has been found guilty of any misconduct, default or breach of trust in the discharge of (6) In addition to the penalty prescribed in sub-section any duties; (5), the head of the public body which fails to comply with the instructions of the Cemmissionshall be subject to disciplinary (b) is an undischarged insolvent or bankrupt; action, including dfsmissal from office> by the appropriate \ authority. I (c) is convicted of an offence and sentenced to a term of imprisonment of lthree months or Reports and 18.( I) The Cor.\m;'sion may, after an investigation into an more; ,I recommendations by the offence under this ~~A.ctand depending on the findings made, Commission make such reco~lendation as it considers necessary to the (d) is absent from three consec~tive meetings of appropriate authority, the Board without leiave from the Chairperson; or : (2) An a~p~OPriate authority shall, within thirty days " I from the date 0:- receipt of the recommendation of the (e) is mentally or physicallr. incapable of Commission und er sub-section (1), make a report to the carrying out the functions under this Act. Commission on > e action taken by the appropriate authority. i I 21.(1) Subject to the direction, control arid supervision of \ 4 Responsibility (3) The ~lead of a public body which, without> the Commission, the Chief'Executive Officer,t~ of CEO reasonable excuse, fails to comply with sub-section (2), commits an offe~lce and is liable, on conviction, to a fme not exceeding SCR WO,OOO or to imprisonlment for a term not (a) shall Ibe responsible for the i plementation of exceeding two ye ars, or to both such finend imprisonment. the decisions of the Com ission for the effective management and c rrying out of the Appointment "19.( 1) There I shall be a Chief Exec itive Officer of the affains of the Commission; of CEO Commission whql shall be appointed by he President on the I recommendation ofthe Commission. I (J,) may sign documents Comn iission; and OJ behalf of the (2) The team of office, -salary and allowances of the Chief Executive d fficer shall be such as ma 1be prescribed. (c) may ,:ielegate any functi n of the Chief I I \

28 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 28 . Executive Officer to any employee of the PART II - CORRUPT PRACTICES Commission .. 23.(1) A public officer shall not corruptly solicit, accept or Unlawful (2) The Chief Executive Officer shall act in accordance obtain, or agree to accept or attempt to receive or obtain, from gratification with the directives and instructions as he or she may receive any person for himself or for any other person, any gratification from the Commission in the implementation of policy matters. as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any Powers of 22.( 1) The Chief Executive Officer may make standing matter or transaction, actual or proposed, with which any CEO orders providing for- public body is or may be concerned, i " (a) the control, direction and administration of (2) , A person shall not corruptly give, promise or offer ~heCommission; . gratification to any public officer, whether for the benefit of , that public officer or of anyiother public officer, as an (b) ~he discipline, training, classification and inducement or reward for doing ot forbearing to do, anything in promotton of officers ofthe Commission; relation to any matter or transactf. n, actual or proposed, with I . . which any public body is. or may b \concerned. (c) \theduties of officers ofthe Commission; and I (3) A person shall not corruptly solicit, accept or (d) such other matters as he or she may consider obtain, or agree to accept or attenii\>t o receive or obtain, from necessary or expedient for preventing the any person for himself 01(' for any ot~er person, any gratification abuse of power or neglect of duty by officers as an inducem.ent or rew.:ardfor dOi~or .forbearing.to do, or for 'lor other staff. and having done OFforborne to do, ything in relation to any matter or transaction actual or p oposed, with which any (2) The Chief. Executive Officer may, for the private body is or may b '~concerned. perfo~ance of .heCommission's functions under t~isAct- 1 (a) . give an officer written authority to conduct an (4) A person sh 111 not corru tly give, promise or offer any gratification to an person, whe er for the benefit of that I inquiry or investigation into an alleged or person or of any other ierson, as an i ducement or reward for I' suspected offence under this Act; doing or forbearing to 0, or for havin done or forborne to do, anything in relation t any matter r transaction, actual or (b) require the head or any public body to proposed, with which ry private bod is or may be concerned. produce or furnish within such time as the Chief Executive Oifficer specifies, any (5) A person who contravene the provisions of this document or a certified true copy of any section commits an offe~lce. document which is in that person's possession or under that person's control and which the 24.(1) Apublic offid:ershall not- Abuse of Chief Executive Offiicer considers necessary position for the conduct of ~m investigation' into an (a) do, or \iirect' to be done, in abuse of his alleged or suspected I offence under this Act. position] o~ce or auth irity an arbitrary act if

30 Supplement to Official Gazette [4th April 2016] [4th April 2016] I Supplement to Official Gazette 31 that act is prejudicial to the rights or interests with the jurisdiction, powers, duties or functions of a public of the Government or a person; officer, shall not corruptly give, promise, or offer any gratification, whether directly OIrindirectly, to such public (b) use his or her position, office or authority or officer either for himself or herself or for any other person. any information that he or she obtains as a result of, or in the course of, the performance (5) A public officer shall not unreasonably delay, of his or her functions to obtain property, refuse, neglect or omit to perform his or her duties or functions profit, an advantage or benefit, directly or in order to procure or induce a person to offer or give indirectly, for himself or herself or another , I gratification to that public officer. person; , .. i (6) A person who contravenes the provisions of this (c) use his or her position, office or information to obtain, promise, offer or give an undue section commits an offence. advantage himself or herself or to another person, dir ctly or indirectly, in order for him 25.( 1) Unless the contrary is proved, a public officer shall . Liability for corrupt or her to perform or refrain from performing be liable for the offence of having" or having had under his or acquisitions his or her luties; or her control or possession pecunittry resources or property suspected of having been corruptly ~cquired ifhe or she- (d) solicit or accept directly or indirectly an undue ad vantage o:r benefit for himself or (a) maintains a s .andard of living not herself 0 for another person in order for him commensurate wi .h his or her present or past , 1 or her to perform or refrain from performing his or her: duties. (b) official emoluments or other income; is in control or possession of pecuniary (2) For the purpo ses ofsubse tion (1), a public officer resources or property disproportionate to his shall be presumed, until ae contrary i proved, to have used his or her present or pa st official emoluments; or or her position, office or informati; n for an advantage or benefit where he or she ikes a decisio or action in relation to a (c) is in receipt of th e benefit of any service matter in which he or sh ~or his or her lative or associate has a direct or indirect interes L . which he or she is reasonably suspected of having received co ruptly or in circumstances (3) A- public 0 icer shall not c rruptly solicit, accept or which amount to an offence under this Act. obtain, or agree to ace ept or attempt to receive or obtain for himself or herself or for any other erson a gratification in (2) Where a court is satisfi :d in proceedings for an relation to a matter or transaction if he matter or transaction offence under subsection (1) that, having regard to the falls within, or is c mnected with his or her jurisdiction, closeness of the accused public 0 leer's relationship to the powers, duties or func rions, other person who provides the benefit or service to the accused public offices andto other relevan circumstances, there is (4) A person, being conce ed with any matter or reason to believe that the other perso 1was holding pecuniary transaction falling . thin the scope of authority, or connected resources or property i:n trust for or ot herwise on behalf of the I '

32 Supplement to Official Gazette [4th April 2016] [4th April 20 16] Supplement to Official Gazette 33 accused public officer, or acqqired such pecuniary resources or in favourof, or against, any measure, matter, property as a gift, or loan without adequate consideration, from resolution or question submitted to such the other person, such pecuniary resouroeor property shall, public or private body; unless the contrary is proved; be deemed to have been under the control or in the possession of the accused public officer.. (b) that person's performing or abstaining from performing, or .for that person's aid in Corruption 26.(1) An agent, who with or without the principal's procuring, expediting, delaying, hindering or by agent and principal knowledge or concurrence, corruptly solicits, accepts or preventing the performance of, any official obtains, or agrees to accept or attempts to receive or obtain act by such public ~r private body; or from any person a gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, (c) that person's aid ~ procuring or ~reventing anything in relation to the principal's affairs or business, or for the passing of any tote or the granting of any showing or having shown favour or disfavour to a person in contract or advantar in favour of any person. relation to' the principal's, affairs or business, commits an offence. (2) A person who corruptly ives, promises or offers any gratification to a member of a pu lie or private body in any (2) A person, who orruptly gives, promises or offers circumstance referred to in subsectio (1) commits an offence. gratification to an agent as inducement or reward for doing , or forbearing to do, or f r having done or forborne to' do, 28.(1) A person commits an 0 nee and is liable, upon Interference anything in relation to the xincipal's affairs or business, or for conviction, to imprisonment for a pe .od not exceeding seven , with witnesses showing or having shown avour ordisfavour to any person in years ifhe or she directly or indirectly, \interferes with a witness relation to the principal' affairs or business, commits an so as to induce false testimony, an adrantage or benefit from offence. the witness in a trial, hearing or oth~r proceeding before a (3) An agent, w .0 with run intent to deceive the court, tribunal, judicial officer, commi ee, commission or any principal, uses a receipt, ccount or other document in respect officer authorised by law to hear eviden e or take testimony. I, of which the principal is interested in or which relate to the principal's' affairs or hisiness an d which contains any (2) A person, who corruptly pr mises, offers or gives statement which is false r erroneous tordefective and which to any gratification to any witness wheth for the benefit of that the agent's knowledge rr belief is iintended to mislead the witness or any other person, with intent 0 influence the witness principal, commits,an off ence. to be absent from trial, to give false estimony or withhold testimony, commits an offence. Corruption ,27.(1) A person, bei'ng a member of a public or private concerning elections to body shall not corruptly solicit, acceptor obtain, or agree to (3) A witness, who 'by himself r herself or by, or in public or acceptor attempt to receive or olbtain, from a person, conjunction with, any other person, co ptly solicits, accepts private body gratification as an indue :ment or reward for- or receives, Qragrees to accept or attem ts to receive or obtain, from any person for himsel f or herself r for another person, (a) that penson's voting OI' abstaining from voting any gratification as an indu cement or r ward whether for the at any neeting of sucl i public or private body benefit of witness or any other person, in order for the witness

34 Supplement to Official Gazette [4th April 2016] [4th Apri120J6] Supplement to Official Gazette 35 to be absent.from trial or to give false testimony or withhold 30. A person commits an offence and is liable to fine Corruption in testimony, commits an offence; not exceeding SCR 200, 000 or to imprisonment for a term not relation to sporting events exceeding two years or to both such fine and imprisonment, if COrrupt 29.(1) A person shall not by himself or herself or by, or in practices by, or he or she directly or indirectly-i- with foreign conjunction with any other person, corruptly promise, offer or public official give gratification to any foreign public official, whether for the (a) solicits or accepts or agrees to accept any benefit of that foreign publi official or any other person, as an gratification, whether for the benefit of that inducement or reward for oing or forbearing to do, or for person or any other person, as an inducement having done or forborne te do, anything in relation to. any or reward for a person influencing or having matter or. transaction, ac al or proposed, with which any influenced the run of play or the outcome of • I foreign public body is or m be concerned. any sportmg event; or ! (2) A foreign publ c official shall not, by himself or (b)' offers or gives. or agrees t6 give to any other herself or by, or in conjunc ion with, any other person corruptly person any gratification ~s an inducement to solicit, accept or obtain, r agree to accept or attempt to influence or asva reward! for influencing or receive or obtain, from an person for oneself or for any other having influenced the of play or the person, any gratification a ' an inducement or reward for doing outcome of'asporting ev nt. . I or forbearing to do, or D r having done or forborne to do, anything in relation to a ny matter or transaction, actual Or 31.(1) Where a public body in\whic a public officer is a Disclosure of member, director, employee or is otherwi se engaged, proposes interest proposed, with which any foreign public body is or may be concerned. to deal with any person or comp iny,/ partnership or other undertaking in which that public offi er has a direct or indirect (3) A person sh ,11not unlawfully promise, offer, or private or personal interest, that public officer shall forthwith give to a foreign public 0 fficial, directly or indirectly, an undue disclose, in writing to that public b dy, the nature of such advantage, for the ben ,fit of the foreign public official or interest and shall not take part in any p ·oceedings or process of that public body relating to such decisi n. another person, in ord ,r that the: public official may do or forbear to do anythin , which hie would otherwise do in (2) Where a public officer or a ·elative or associate of exercise of his or her 0 fficial duties in order that the person such public officer has a personal inte est in a decision to be obtains or retains busin ss or other undue advantage in relation taken by a public body, that public fficer shall forthwith to the conduct of international affairs or business. disclose, in writing to that public body, the nature of such interest and shall not vote or take part in' any proceeding or (4) A foreign p iblic official shall not solicit or accept, process of that public body relating to su h decision. directly or indirectly, a .undue advantage, for the benefit of the foreign public official or another person, in order that the (3) A public officer who contrav mes the provisions of foreign public official may act or refrain from acting in the this section commits an offence. exercise of official duti es, 32.(1) A public officer commits an rffence and is liable, Gratification (5) A person -ho contravenes the provisions of this on conviction, to a fine not exceeding SCR 300,000 or to for giving assistance etc section commits an off ence. imprisonment for a term not exceeding s even years or to both with regards I to contracts \

36 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 37 such fine and imprisonment ii-he or she directly or indirectly, (b) the payment of the price, consideration or by himself or herself, or by, or in cenjun.ctio,n with, any other other moneys stipulated or otherwise person, corruptly solicits, accepts or .obtains,.or agrees to provided for in any contract or sub-contract. accept or attempts to receiveor obtain, from any person for himself or herself or for any other person, any gratification as (3) A person shall not directly or indirectly, by himself, an inducement or reward for or otherwise on account of, that or herself or by, or in conjunction with, any other person, public officer giving assistance or using influence in, or having corruptly solicit, accept or obtain, or agree to accept or attempt given assistance or used influence in- to receive or obtain from,any person fo~ himself or herself or , I" for any other person, gratification aSL~ inducement or reward , (a) , the promotion, execution or procurement for, or otherwise, on account of, the 'fithdrawal of a tender, .or of- ' the refraining from the making ofa te der for any contract WIth a public body for the performance of a y work, the p~ovision of (i) any contract with a public body or any service, the doing of anything r the supplying of any Ii privare body for the performance of article, material or substance. any l'0rk, the provision of any service, the ~oing of anything or the supplying (4) A person shall not gi 'e, promise or offer ofny article, material or substance; or gratification to any other' person as an inducement or reward for, or on account of, the withdraw 11 of a tender, or the (ii) Y sub-contract to perform any work, refraining from making ofa tender for a contract. p ,'ovide any service, do anything or supply any .article, material or (5) A person who contravenes ubsections (2), (3) or ubstance required to be performed, (4) commits an offence. orovided, done or supplied under any contract with a public body or private 33.,(1) A person shall not by use of corrupt means or with Interference with official body; or ' , intent to pervert the course of justice, interfere with t.he duties exercise of official duties by a judge, magistrate, judicial 4 (b) the J ayment of the price,consideration or officer or any.other arbiter or law enforceent officer. othe r moneys stipulated or otherwise prov ided for in any contract or sub-contract, (2) A person shall not accept or ob ain, agree to accept or attempt to obtain, or offer or give, a grati fication for himself (2) A person shall not corruptly give, promise or offer or herself or for any other person so that the ierson-e- gratification to any public officer as an inducement or reward (a) conceals an offence; for,or otherwise; 0 account of such public officer giving assistance or using i ifluence in, or having given assistance or (b) shields any other per son from legal used influence irt- proceedings for an offence; (a) the promotion, execution or procurement of; (c) does not proceed against a ly other person in or relation to an alleged offen ie; or

38 Supplement to Official Gazette [4th April 2016] [4th. April 2016] Supplement to Offiicial Gazette (d) abandons Qr withdraws, or obtains or (e): assists, favours, hinders- Of deJays any person endeavors to obtain the withdrawal of, a in the trarrsaction of any business with a prosecution against any other person. public body. (3) A person .who q!ontravenes the provisions of this 36.( 1) A person e€>mmits an offence ifhe or she or through Unlawful acquiring of section commits an offence/. another person umawfully- . public funds i and;public (a) acquires public funds· or property or a public property Corruption 34.( 1) A person shall not, directly or indirectly by himself seJ!Viceor benefit for that person's or another and bidding or herself or in conjuncti )n'with, any other person, corruptly person's benefit; solicit, accept or obtain, r agree to accept or attemptto receive or obtain, from any per .on for himself or herself or for any . (b) diverts any public property for a purpose other person, gratificati n as an inducement or reward for, or other than for what it is intended. for himself on account of, that pers n refraining or having refrained from or herself or for another person's benefit; bidding at any sale by uction conducted by, or on behalf of, any public body. (c) mortgages, charges or disposes of any public property for his or her or another person's (2) A person sh all not corruptly give, promise or offer benefit; or any gratification to iy other person as an inducement or reward for, or on acco ant of, that other person's refraining or (d) obtains any exemption, remission, reduction having refrained from ?idding at an auction. or abatement from payment of any tax, fee, levy or charge reqnired to, be pam under any law. (3) A person who' contravenes the provisions of this section commits an 0 fence. (2) A person whose functions concern the admin.istratiOfl, custody, management, receipt or use of public Corruption 35. A public 'officer commits an offence and is liable, revenue or public property or in whom any public revenue or concerning on. conviction, to a fine not exceeding SCR 300,000 or to investment public property is vested by virtue of that person's position or imprisonment for a .erm not exceeding seven years, or to both office, commits an offence if that person- such fine and impris .onment ifhe or she in order that an investor or potential invest or .is coerced, compelled or induced to (a) fraudulently facilitates or makes payment. abandon the inves nent or induced to abandon the investment from the public revenue for - to the advantage of anotherperson- (i) sub-standard or defective goods; (a) a istains from performing any act in his or her (ii) goods nat supplied or not supplied in c ipacity as a public officer; full; or . (b) e xpedites, delays, hinders or prevents the (iii) services not rendered or not adequately erformance of any act; or rendered; or

40 Supplement to Official Gazette [4th April 2016] ,[4th April 2016] Supplement to Official- Gazette 41 (b) willfully _fails to, comply with a law or book, security, account,computer system, applicable procedure or guideline relating to disk, computer 'printout or other electronic , the procurement, allocation, sale or disposal device which belongs to, or is in the of property, tendering of contracts, possession of, or has been received by that management, of funds or incurring of public person or that person's employer, or any entry expenditure. in 'such book, document, account or electronic device; Concealment 37. A person commits an offence and is liable, upon of Property (b) make or be privy to the making of any false conviction, to imprisonment for a period not exceeding 10 entry in any book, document, account or years ifhe or she- electronic device; or (a) converts, transfers or disposes of property, (c) omits or is privy to the ormssron of any knowing that such property is the proceeds of information from any book, document, corruption or.related offences for the purpose accountor electronic device. ' of concealing or disguising the illicit origin of the property or of heiping any other person (2) A person who contravenes subsection (1) ommits who is involved in the commission of the an offence. . offence to evade the consequences of that person's action; 39.(1) A public officer to whom any gratification is Reporting an instance of corruptly given, promised or offered shall make a full report of gratification (b) conceals or disguises the true nature, source, the circumstances of the case to an officer of the Commission location, disposition, movement or or a police officer within seventy-two hours of the occurrence ownership of, or rights with respect' ·to, of the event, and if the public officer fails to do so without property which is from the proceeds of reasonable cause, the public officer commits an offence and is corruption or related offences; or liable, upon conviction, to a fme not exceeding SCR 10,000 or to imprisonment for a term not exceeding two years, or to both (c) acquires, possesses or uses property with the such fine and imprisonment. knowledge at the time of receipt, that such property is from the proceeds of corruption or (2) A police officer may arrest without warrant any related offences. person in respect of whom a report is made under subsection (1). Destruction, 38.(1) A person shall not, with intent to defraud 'Of to multilation or conceal the commission of an offence under this Part, or with (3) An officer of the Commission or a police officer falsification of books intent to obstruct an officer in the investigation of any offence- may search any person arrested for an offence under this Act and take possession of all the articles found upon that person (a) destroy, alter, mutilate or falsify a book, which the police officer or officer ofthe Commission believes document or be privy to the destruction, upon reasonable grounds to constitute evidence of the alteration, mutilation or falsification of a commission of an offence by that person under this Part.

42 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 43 (4) A person subject to a search under subsection (3) (5) A charge concerning a complaint of sexual shall only be searched by d police officer ofthe same sex or an harassment in subsection (3) shall contain the following- officer ofthe Commission of the same sex or by a person of.the same sex authorised in that behalf by a police officer or officer (a) that the submission or rejection by the person ofthe Commission. ' to whom advances or requests are made is intended to be used as basis of employment or (5) Whoever contravenes subsection (4) commitsand of a decision relevant to the career of the offence and .shall be liable on conviction for a fine not alleged victim or of a service due to a member exceeding SCR 10,000. of the public in the case of a public officer; (b) such advances or requests have the effect of Conspiring 40. A person who abets, counsels or conspires with any interfering with the alleged victim's work or with a person person to commit an offence under this Part, commits an educational performance or creating an to coqunit an offence and offence and is liable, on conviction; to a sentence as if that offensive working or learning environment attempt to person committed the offence. commit an for the alleged victim or denial of a service offence due to the member of the public from a public Sexual 41.(1) A Public Officer being in a position of authority office. favour as shall not request sexual favour from a person in consideration consideration for- 42.( 1) Any person who being in a position of trust takes Abuse of (a) considering ajob application; advantage of his or her position and induces or seduces a person . position trust of in their care to have sexual intercourse with him or her or (b) considering land application; " commits any other offence under this Act, such sexual (c) considering a request for an increment in intercourse not amounting to the offence of rape or defilement, salary shall be guilty of an offence of abuse of position of trust and shall be liable on conviction to imprisonment for a term of not (d) any other request made by a person. less than ten years. (2) A public officer shall not persistently make sexual (2) Conduct by a person which would otherwise be an advances or requests which he or she knows, or has reasonable offence under this Act against another person is not an offence grounds to know are unwelcome in an attempt to instill fear in under subsection (1) if, immediately before the position of an employee or a fellow worker thereby compelling the authority or trust arose, a sexual relationship existed between employee to feel uncomfortable . in a,workplace or to resign. that person and the other person. (3) A public officer who contravenes subsections (1) (3) Subsection (1) does not apply if at that time sexual or (2) commits an offence. intercourse between such persons would have been lawful. (4) A person may file a complaint with the (4) In proceedings for an offence under this section it is Commission pertaining to an act of sexual harassment stated in for the accused person to prove that such a relationship existed subsection (2). at that time. ..!..~.--., ...-.,.--

44 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 45 Embezzlement 43.(1) A public officer shall not steal or misappropriate (3) Where, after reasonable inquiry:, the rightful owner' funds placed in his or her trust or belonging to his or her cannot be ascertained or traced, or where the rightful owner is employer. implicated ,in the .giving of the gratification, the court shall order that the at.llOUl1t or .value thereof be paid into the (2) A public officer shall not use his or her influence to Consolidated Fund; , favour relatives or friends, especially in providing them employment and in consideration of job applications. 45. A fine imposed under the provisions ofthis Part and Fine to be recovered in the amount or value of any gratification ordered to be paid accordance with (3) A public officer who contravenes the provisions of under section 43m.ay be recovered in accordance with the provisions of Criminal this section commits an offence. provisions of the Criminal Procedure Code. Procedure Penalty 44.( 1) A person who is convicted of an offence under this Part, for which no penalty is provided, is liable - 46.(1) Where,. person gives gratification to, or for, or on Recovery by account of, an·ageQt iB contravention of any provision of this Principal of gratification (a) on first conviction, to a fine not exceeding Act, the principal may recover, as a civil debt, the amount or as civil debt SCR 300,000 or to imprisonment for a term value of such grati.fication from the agent, and the acquittal of not exceeding 7 years or to both such [me and the agent or such per,son in respect of an offence under this Part imprisonment; shall not operate as a bar to any proceedings for such recovery. (b) on a second or subsequent conviction, to a (2) Nothing .• subsection (1) shall be deemed to fine not exceeding SCR 500,000 or to prejudice or affect a:d.f'right which a principal may have under imprisonment for a term of not less than 10 any written law or rtJIeto recover from the agent any money or years or to both such fine and imprisonment; property. and 47. In any proceeding under this Act, a certificate by a Certifying '\falue of (c) in addition to any other penalty imposed Government valuationofficer or other specialist valuer with gtatification under this Act, to forfeiture to the Republic of respect to the value of my gratification or of any movable or any pecuniary resource, property, advantage, immovable propertysbldl be sufficient proof of such value, profit or gratification received in the unless the contrary is proved. . commission of an offence under this Act. 48.(1) If in any proceeding for an offence under any Defence (2) Where a person is convicted of an offence under this section of this Part, it is proved that the accused person Part, the court may, in addition to the sentence that it may accepted 'any gratification believing or suspecting or having impose under subsection (1), order the convicted person to pay reasonable grounds to believe or suspect that the gratification to the rightful owner where he is not implicated in giving the was given as an inducement or reward for, or otherwise on gratification, the amount or value, as determined by the court, account of, the accused person's doing or forbearing to do, or of any gratification actually received by that person, and such having done or forborne to do, any act referred to in that order shall be deemed to form part of the sentence. section, it shall not be a defence that-

46 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 47 (a) the accused person did not actually have the conviction expires without the conviction' power, right or opportunity to do so. or being appealed; or forbear; (b) the conviction is upheld on appeal. .(b) the accused person accepted the gratification without intending to do so or forbear; or 50.(1) A person.convicted of an offence under this Part Disqualification of public officer shall, by reason of such conviction, be disqualified for a period (c) the accused person did not in fact do so or of five years from the date of such conviction, from being forbear. elected or appointed to, or from holding or continuing to hold, any office or position in any public body. Suspension of 49.(1) Subject to the applicable legal and administrative public officer procedures relating to the right to justice and a fair hearing (2)' •NOtWithstandingsubsection (1), the Republic shall charged with corruption . applicable to public officers under their conditions of service, endeav:ourto 'ensure the implementation of effective measures a public officer who is charged with corruption shall be for the reintegration into society, of a person convicted of an suspended, with effect fromthe date of the charge. offence under this Act. (2) The-eligibility for salary or allowances of a person (3) A .ceurt may, where it convicts a person of an suspended under subsection (1) shall be governed by the law offence under this Act, set aside any transaction that occurred and procedure concerned or the terms of appointment of that in circumstances that gave rise to the conviction, unless the person. transaction was with a third party acting in good faith. (3) This section does not derogate the administrative (4) Atransaction set aside under subsection (3) shall be power, disciplinary code, regulation, law or any other inherent void ab initio and shall not give rise to a claim for damages. powers of an employer under which the public officer may be suspended without payor dismissed. 51. Where an.offence under this Act is committed by a Offences by body body corporate or ,.unincorporate body, every director or corporate or (4) This section does not apply with respect to an office manager of the body corporate or unincorporate body shall be body in respect of which the Constitution limits or provides for the liable, upon conviction, as if the director or manager had ~ unincorporate grounds upon which a holder ofthe office may be removed or personally committed. the offence, unless the director or the circumstances in which the office shallbe vacated. manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, (5) A public officer who is convicted of an offence consent or connivance of the director or manager or that the shall be suspended without pay with effect from the date of the director or. manager "took reasonable steps to prevent the .conviction pending the outcome of any appeal. commission ofthe offence. (6) A public officer ceases 'to be suspended if a conviction is overturned on appeal. PART III •.INVESTIGATION OF CORRUPT PRACTICES (7) A public officer shall be dismissed if - 52.(1) A person who alleges that another person has Lodging of complaint (a) the time prescribed for appealing against the engaged or is about to engage in a corrupt practice may lodge a concerning corrupt practices . II

48 Supplement to OfficialGazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 49 complaint with the C0tntn!ssion in the prescribed manner and warranted, decide whether the Commission shall carry out the form. . investigation or whether the allegation should be referred to another appropriate authority for investigation or action. (2) The Commission may investigate a matter under this Act on receipt of a complaint or on its own initiative. (7) The Commission may seek the assistance of the Commissioner of Police , Finance Intelligence Unit, Seychelles (3) The Commission may refer any offence that comes Revenue Commission or any other authority in investigating to its notice in the course of an investigation under subsection an offence under this Act. (2) to any other appropriate investigation authority or agency. ~ (8) The Chief Executive Officer may, for the purpose (4) The Chief Executive Officer shall, upon receipt of a of performing the functions Underthis section- complaint under sub section (1), examine each alleged corrupt practice and decide whether or not an investigation in relation (a) make such preliminary inquiry as he or she to the allegation is warranted. considers necessary; and (5) The Chief Executive Officer may, in deciding (b) consult any other appropriate authority .. whether to investigate an alleged corrupt practice, consider- (9) The Chief Executive Officer shall inform the (a) the seriousness of the conduct or involvement complainant, in writing, of the decision of the Commission in to which the allegation relates; relation to the allegation. (b) whether or not the allegation is frivolous or (10) A person commits an offence and is liable, on vexatious; . conviction, to a fine / not exceeding SCR300,000 or to imprisonment for a term not exceeding seven years, or to both (c) whether or not the conduct or involvement to such fine and imprisonment ifheor she in bad faith, makes a . which the allegation relates is or has been the frivolous or vexatious complaint to the Commission. .. subject of an investigation or other action by any other appropriate authority under any 53.(1) The Chief Executive Officer may, by notice, in Attendance of other written law; and person being writing, require a person whose affairs are being investigated or investigated any other person who he or she has reason to believe may have (d) whether or not, in all the circumstances, the information or documents relevant to an investigationto-c-' carrying out of an investigation for the purpose of this Act in relation to the allegation .(a~ , attend before the Chief Executive Officer as 'will disclose the commission or likelihood of may be specified in the notice; the commission of an offence under this Act. (b) answer questions with respect to a matter or (6) The Chief Executive Officer shall, where he or she supply information that may be relevant to the determines that an investigation into an allegation is investigation; or -

50 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 51 (c) produce for inspection any documents which warrant is made under subsection (1) may issue the warrant are specified in the notice. where- (2) Subsection (1) shall apply without prejudice to a (a) there are reasonable grounds to believe that- person's rights under any other law relating to privilege. .(i) a person has failed to produce the documents required for purposes of (3) Where a notice issued under subsection (1) is not this Act; complied by a person without reasonable cause, the Chief Executive Officer may cause the arrest and compel the (ii) a person has failed to answer any attendance of that person. . questions asked for purposes of an investigation or that any answer given (4) Any person who fails to comply with a notice to any question is false or misleading in issued under subsection (1) commits an offence and shall be a material particular or is incomplete; liable on conviction for fme ofSCR 10,000 or to imprisonment for a term not exceeding two years or to both such fine and (iii) it is not practicable to serve a notice on imprisonment. a person by reason of the fact that the person cannot be located or is absent Entering and . 54.(1) An officer of the Commission may, if the owner, from the Republic, or that the service of searching occupier of the premises or other person in control of the a notice might prejudice an premises premises consents to the entry, search, seizure and removal of investigation; or the record, return, book, document or article where the officer· reasonably suspects that an offence is being, has been or is (b) there are reasonable grounds to believe that about to be committed under this Act, without a warrant, enter any document or other thing relevant to an and search premises, other than a private dwelling except if the investigation or that may be evidence of an private dwelling is used for business purposes, for the purpose offence under this Act is placed, deposited or of attaching and removing, if necessary, any record, return, concealed in the premises to which the report, document or article. warrant relates. (2) An officer of the Commission exercising any (3) A warrant issued under subsection (2) shall confer power under this section shall, before entering and. searching on the Chief Executive Officer or an officer ofthe Commission any premises, ensure that the owner, occupier or person in power tc+- control ofthe premises is present. (a) access all the books, records, returns, reports and other documents relating to the work of CEO 55.( 1) The Chief Executive Officer, or an officer of the application any public or private body; for a warrant Commission, in the performance of his or her duties, may apply for a warrant to ajudge or a magistrate. . (b) enter and search, at any time, the premises of i, any public or private body or any vessel, boat, (2) Ajudge or magistrate to whom an application for a . aircraft or other conveyance, where the Chief ..,..

52 Supplement to Official Gazette [4th April 2016] [4thApri12016] Supplement to Official Gazette 53 Executive Officer or an officer of the account, share account, purchase account; expense account or Commis~ion' has reasonable grounds to any other account or safe deposit box in any bank. believe that any property or thing corruptly acquired has been placed or deposited; (2) An order made under subsection (1) shall be sufficient for the disclosure or production by any person of all (c) search for and remove any document or other or any information, account, document or article that may be thing that may be relevant to an investigation required by an officer of the Commission so authorised. or may be evidence of an offence; 57.(1) If the Chief Executive Officer or an officer of the Arrest of Commission authorised by the Chief Executive Officer in that person without warrant ' (d) where' necessary, take copies of any behalf, has reasosablegrounds to believe that a person has document or extracts from documents that committed or is about to commit an offence under this Act, the . the person executing the warrant believes on Chief Executive Officer or the officer of the Commission, as reasonable grounds may be relevant to an the case may be, may request any police officer tv arrest that investigation; and person without a warrant. (e) where necessary, to require any person to (2) Where a person is arrested without warrant under reproduce, or to assist to reproduce, in usable subsection (I), that person shall be dealt with in accordance form, any information recorded or stored in with section 101 ofthe Criminal Procedure Code (Cap 54). any documents. 58.(1) Where in the course of an investigation into an Seizure of (4) In the exercise of powers of entry and search offence under this Act, the Chief Executive Officer .or an property conferred under paragraph (b) of subsection (3), the Chief officer of the Commission has reasonable grounds to suspect Executive Officer or an officer of the Commission, may use that any movable or immovable property is derived or acquired such reasonable force as is necessary and justifiable in the from corrupt practices, is the subject matter of an offence or is circumstances, and may be accompanied or assisted by such evidence relating to an offence, the officer shall, with a other persons as they consider necessary to assist them to enter warrant, seize the property, into, or upon, any premises, or upon any vessel, boat, aircraft or other conveyance, as the case may be. (2) An officer who seizes any property pursuant to subsection (1) shall prepare an inventory, in triplicate, of all the (5) A person who accompanies or assists the Chief movable or immovable property seized under that subsection Executive Officer or an officer of the Commission to enter into with details of the places in which the property is found, in the premises or vessel, boat, aircraft or other conveyance, as the presence of the officers, if any, assisting that officer, a case may be, shall, during the period of such accompaniment representative of the accused person or the accused person or assistance, enjoy the same immunity as is conferred on an himself if present and an independent witness, and the same officer ofthe Commission. shall be signed by allofthem. Investigation 56.( 1) The Chief Executive Officer or an officer of the (3) The officer who prepares the inventory or list of bank accounts, Commission may, with a court order, investigate any bank referred to in subsection (2) shall serve a copy of the same on etc [4th April 2016] Supplement to Official Gazette 55

54 Supplement to Official Gazette [4th April 2016] property specified in such notice without the consent of the the owner of the property or on the person ~om whom the property was seized, thenand there itself, and If the owner or Chief Executive Officer or the officer of the Commission, as the case may be. the person from whom. the property was seized refuses to accept the same or refuses to sign the inventory the a copy of (2) The Chief Executive Officer or other officer of the the inventory as signed by the other persons specified in Commission shallfum.ish a copy of the notice issued under subsection (2) 'shall be delivered to the owner or the person subsection (1) to tOO Licensing Authority, Registrar appointed from whom the property was seized by registered post. under the Land Registration Act (Cap 107) or any other statutory authorityconcemed requiring them not to effect (4) For the purpose of this section, "property" means transfer or other tr~sactionof the property specified in the property of any description and includes money, share, title, notice without the consent of the Chief Executive Officer or certificate of ownership or registration of vehicle or any other other officer of the Commission, as the case may be. . interest in the property. (3) A notice issued under subsection (1) may be served Custody and 59.(1) The Chief Executive Officer or an officer of the by delivering it personally to the person to whom it is addressed release of seized Commission, who initiates the seizure shall effect the seizure or may, where the Chief Executive Officer or the officer of the property by removing the movable property from the custody or control Commission is satisfied thatthe person to whom the notice is to of the person from whom it is seized and placing it under the be .served cannot be found.er is.not inthe Republic, be served custody of such other person or authority and at such place as on or brought to the knowied8eof tbatperson in such other that officer may determine. manner as the Chief Executive Offioeror the officer of the Commission may decide. (2) The officer shall, where it is not practicable or otherwise not desirable to effect the removal of any property (4)· Anoticeissuedundersuhsection(l)shall- under subsection (1), leave it at the premises in which it is seized under the custody of such person as the officer may (a) in respect of an investigation within the determine. . jurisdiction, have .elfect from the time of service and shall continue to be in force for a of (3) Where property is seized under subsection (2), the period of nine mon~sor until cancelled by the officer who conducted the seizure shall make a record in Chief Executive Officer or the officer of the writing specifying in detail the circumstances of, and the Commission, whichever is earlier; and reason for, the seizure ofthe property and subsequent actions taken thereon including leaving of the property at the premises. (b) in respect of an .imtestigation outside the jurisdiction, have ~ from. the time of Restriction 60.( 1) The Chief Executive Officer or an officer of the service and shallcontilme in force for a period on disposal of property Commission may, by written notice to the person who is of twelve months or until cancelled by the subject to an investigation in respect of an offence alleged or Chief Executive OfliCeror the officer of the suspected to have been committed under this Act,or against Commission; which~eris earlier: whom a prosecution for an offence has been instituted, direct that person not to dispose of, or otherwise deal with, any Provided that the Chief E=cutive Officer or the

56 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette . 57 officer of the Commission may issue a fresh notice upon the person who is under investigation, by notice, in writing, serve a expiry of the previous one for a further final term of six months notice on the third party directing that the third party shall not to facilitate the conc1usion of an investigation. dispose of, or otherwise deal with, any property specified in the notice. (5) A person who, having been served with, or having knowledge of a notice issued under subsection (1), disposes of (2) A notice issued under subsection (Ijshall be served or otherwise deals with, any property specified in the notice on the third party towhom it is directed and on the person being other than in accordance with the consent of the Chief investigated. Executive Officer or the officer of the Commission, commits an offence, and is liable, en conviction, to imprisonment for a (3) The COmmission may, in issuing a notice under this term not exceeding 10 years. section impose such conditions as it may determine .. (6) A person aggrieved with the directive of the Chief Executive Officer or the officer of the Commission issued (4) A notice issued under subsection (1) shall- under subsection (1) may apply to the Supreme Court for an order to reverse or vary the directive. (a) in respect of an investigation within the jurisdiction, have effect from the time of (7) Where an application is made under subsection (6) service upon the person and shah continue in the Supreme Court shall give notice to the Chief Executive ' force for a period of nine months or until Officer or the officer of the Commission, as the case may be, of cancelled by- the Chict Executive Officer, the day appointed for the hearing of the application. - whichever is earlier; and . (8) The Supreme Court may, on hearing of an (b) subject to subsection (5), in respect of an application under subsection (5)- investigation outside the jurisdiction, have effect from the time of service upon the (a) confirm the directive; person and shall continue in force for a period • of twelve months or until cancelled by the (b) reverse the directive and consent to the Chief Executive Officer, whichever is earlier disposal of, or otherwise dealing with, any property specified in the notice, subject to (5) The Chief Executive OffiQef may in respect of an such terms and conditions as it thinks fit; or investigation outside the jurisdiction issue a fresh notice upon the expiry of the previous one for a further [mal term of six (c) vary the directive as it thinks fit. months to facilitate the conclusion of an investigation. Restriction 61.(1) The Commission may under the hand and seal of ((j) . A third party on whom a notice is served under on disposal of property the Chief Executive Officer, where it has reasonable grounds to subsection (1) shall not dispose of, or otherwise deal with, the by third believe that a third party is holding a property, including property specified in the notice except in accordance with the party money in a bank account for, or on behalf of, or to the order of a terms of the notice. 1 58' Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 59 (7)' A person who contravenes' subsection (6) commits .Commission in the lawful exercise of the an offence and is liable, on conviction, to imprisonment for a powers conferred on the officer under this term not exceeding 10 years. " Act; (d) refuses or fails, without reasonable cause, to Forfeiture of 62. The Commission may commence proceedings for unexplained &i¥cto.the Chief Executive Officer or officer property forfeiture of unexplained property under this section against a oftheC0mmission on request, a document or person where- infonuation required for the purpose of this . Act; (a) after due investigation, the Commission is satisfied that the person has unexplained (e) fails tocom,ply with any lawful demand of the assets; and ChiefE~cutive Officer, or officer of the Commissi<>tl;under thisAct; or (b) the person has, in the course of the exercise by the Commission ofits powers ofinvestigation . (f) destroys·.)1hjng to prevent the seizure of or otherwise, been afforded a reasonable any property.ordocument or securing of the opportunity to explain the disproportion propertyottloCuments .. between the assets concerned and the person's known Iegitimate sources of income and the PART IV - POWERS OF''I1ItATTOttNEy GENERAL Commission is not satisfied that an adequate explanation of that disproportion has been ·64. No prosecution fw;_offenoeuder Part III shall be Prosecution instituted except by, or with,.1he~t of the Attorney by Attorney given. General General. False 63. A person commits an offence and is liable, on 65. If any person, againstwbem investigations or testimony a conviction, to imprisonment for term not exceeding 2 years if proceedings for an offence un4er Pitt HI are pending, is Bail where suspect or he- . accused person preparing. or about to leave the Rl\\Pub*, whether temporarily about to or permanently, the Attorney Genet;a1, •. .any officer authorised ieave Republic (a) knowingly makes, or causes to be made, to the in that behalf, may apply to any co~for an order requiring Commission, false testimony or a false report such person to furnish bail of any sutn, (tf, ifalready admitted to in any material particular on any offence or bail, of such greater sum and, on such.a4ditional conditions, as matter under investigation; the case may be, with or without; s\.Uidies, and in any such application the court may make suchO:tderas it may consider (b) knowingly misleads the Chief Executive appropriate. Officer, or officer of the Commission by giving any false inforrilation or statement or PART V - EVIDENCE, PRE$l1)IlPTIONS AND making a false allegation; OTHER MAl"r_ (c) obstructs, assaults, hinders or delays the Chief 66;(1) Where, in a proceeding for ;88 offence under this Unlawful Act, it is proved that the accused perscm.offered or accepted gratification Executive Officer or officer of the

60 Supplement to Official Gazette [4th April 2016] [4th April 2016] .l_ement to Official Gazette 61 gratification, the gratification shall, unless the contrary is account-of, or in connectioti.i\ri6,1he office or duties of the proved, be presumed ·to have been offered or accepted as an accused person, the gratific~ln the absence of evidence to inducement or reward, as is alleged in the particulars of the the contrary, shall be pres~to have been offered, given, offence. . accepted or received by the a()£~person. ,. ':L:<:'~ '"',I' ";;,r;'_':' (2) The presumption of corrupt intent shall, in relation 67.(1) The fact that an~;person cannot reasonably Presumption account for any pecuniary r~ or property of which the of corrupt to an offence under this Act, include-s- intent accused perso,nis in possess~~~~rtionate to the accused (a) misuse of position, office or 'authority; and ~:~~: official emolument$i~;~~ mcome may be taken by ."a (b) breach of procurement procedure or wilful (a) as corrobo~·dle testimony of any witness failure to comply with applicable procedures giving evid~~iD< such proceedings that the or guidelines relating to the management of accused pe":>4lecepted or solicited any funds or incurring of public expenditure. pecuniary re~orproperty; and : ',i;"~!liN(1{~F, (3) Where, in any proceedings for an offence under this (b) as showing~,:.hpossession of pecuniary Act, it is proved that a person offered, gave, solicited, accepted resources o~::,,"erty was accepted or or obtained or agreed to accept or attempted to receive or solicited as ~entorreward. obtain, a payment in any of the circumstances set out in the ~{F';~i;i:,,:';,', relevant section under which the person is charged, such (2) For the purpose$.,.(~~ion (1), an accused payment shall, in the absence of evidence to the contrary, be person shall be deemed to J"'.6potsession of pecuniary presumed to have been offered, given, solicited, accepted, resources or property if - ' obtained or agreed to be accepted, received or obtained 'I corruptly. ' (a) held by ,the, ,~. person's relative or associate an4~:~ person, relative or .associate isun~"~rFasonably account as to (4) For the purposes of subsection (3), "payment" how such 0Wn~,possession, custody or ~ means any corrupt payment, whether by cash or in kind, in control came abo~p, respect of an offence under thisAct. 0.;"1',;),." . ,'Ii'i." 'i,' - (b) the accused ~~J,ientered into any dealing (5) Where, in a proceeding under this Act, it is proved for the acquisiti.! <it any property, and the that a gratification has been offered, given, accepted or accused person}>if Unable to reasonably received by a person with the knowledge and acquiescence or account for the consideration used to acquire consent of the accused person, and the court is satisfied, having such property. regard to that person's relationship to the accused person or to any other circumstances that such person has offered, given, 68.( 1) The Attorney-Genem1may, at arty time, with a view Grant of to obtaining at a trial the evidenee ollfty person directly or indemnity by accepted or received the gratification for, or on behalf of, the Attorney accused person, or otherwise on account of, or in connection . indirectly concerned with or 'privy'tOaDofJeD.ceunder Part III, General with, the office or duties ofthe accused person, or otherwise on offer indemnity to such person on condition that the person 62 . Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Official Gazette 63 makes a full and true disclosure of all facts or circumstances (2) Where itappearslothe ChiefExecutiveOfficerthat within that person's knowledge relating to the offence and to asa re~ult ofasSiisting.th~C(l)mmission or the court, the safety every other person involved in the commission thereof, ofa WItness, expert, Victim or 'other person may be prejudiced whether as principal or in any other capacity, together with the orfuewi~e~s, .ex~ert; v:io1Dm.orother person may be subj ect to delivery of any document or thing constituting evidence or threats, mttmtdatiomctr Umssment, the Chief Executive corroboration of the commission of the offence by the person Officer shall make .SDdltam:angements as are necessary to to be charged or the accused person, as the case may be. protect- (2) The indemnity offered under subsection (1) shall be in accordance with the procedure set out injil A ofthe Criminal (a) .'~im;sucll witness.; expert or victim; or Procedure Code. ' i(b~ •• 'c6er~ 'ffum tihreats, infunidationor (3) A person accepting indemnity under this section . hamssment. may be examined as a witness at the trial. ," (.3). For the pl11'.P?ses.of,SUbsection(2), "assisting the (4) Where a person who has accepted indemnity under ConmnSSlOll or court" mchuies'-' . this section has, either by wilfully concealing anything material to the case, or by giving false evidence, not complied (a) appearance'0r~gappearance before with the condition on which the indemnity was made, that the COmm1ssi0l1,orblCmnrtto give evidence person may be prosecuted for the offence in respect of which orproduceacd~ •. Gtherthing; the indemnity was tendered or for any other offence which the ,@!j) produc.tIDD0tiJlll'lPlMIII ;production of a person appears to have committed in connection with the same document·o)'iotha:~1theCommissionor matter. the court undertbisAat;« . (5) A person to whom indemnity has been offered .'c) assistingorha~ ;~dthe Commission undersubsection (1), and has made a true and full disclosure of or the court Ut ~other manner in all things as to which that person is lawfully examined, shall be accordance withthel~ons of this Act. entitled to receive a certificate of indemnity under the hand of the Attorney-General stating that the person has made a true (4) The Chief Executive OftjOClflllUly,in providing the and full disclosure of all. things as to which the person was arrangements referred to in subseotialJ. (,2~,collaborate with examined, and such certificate shall be a bar to all legal other law cmfCiltcementagencies and.auGJm\ities. proceedings against that person in respect of all such things as aforesaid. " (5) The law enforcement.~s and authorities shall, as far ,as reasonably possib1e;.aSllliBt6e Chief Executive Protection of 69.(1) The Commission shall ensure that a person or a . whistle Officer in the provision of arran~ Imrthe protection of public servant who has made a disclosure under this Act is not blowers, the persons referred to in subsecti0ll'(2,. victims, victimised on. the ground that such person or a public servant experts, etc. has made a disclosure or rendered assistance in inquiry under (6) In ,~trial for an offence UDdIer· ttbis Act" a witness this Act. . shallnet be obliged to- ', , ···.:1.··.'· •.· .• [4th Apri12016] Supplement to OjJid.f;IJGRette 65

64 Supplement to Official Gazette [4th April 2016] ,.,::% or obtained or agreed to be accepted, givellt,0>:tJereQ. or (a) disclose the identity or address of an informer promised, is customary in any profession, business, 1!rade, or person assisting or who assisted the vocation or calling. . Commission in an investigation into all alleged or suspected offence under this Act; (2) Notwithstand:ing subsection (1), no mtertiaUlment or or casual gift offered or accepted under such consO\I&8lima".. (b) state any matter which may disclose the be prescribed byregulaiions shall constitute an otfeftee~ identity or address of an informer or person Part Ill. referred to in paragraph (a). 71. Where a public officer has corruptly .~ Other acceptedi,pbtained or agreed to accept or attempted •. ncmve inadmissible (7) Where a document which is in evidence or is to be evidence inspected in .any civil or criminal proceeding under this Act or obtain any gratification, it shall not be a defence in any trial contains an entry in which an informer is named or described or in respect of mI offence under Part III that- . which might lead to the person being discovered, the court before which the proceeding isheld shall cause such entry to be (a) the appointment, nOl'Jiilimtion or ektctiottof concealed from view or to be obliterated in such a manner as, in such person or any other periOD as a puNic the opinion of the court, shall not disclose the identity of the officer was invalid or void; informer. .(b) the public officer or _y otmerj)1lbli-cofficer (8) An action or proceeding, including disciplinary did not have. the power, ..~ or action, shall not be instituted or maintained against a witness, opportunity of doing, Clf of f~ from expert, victim or other person in respect of-' doing, the act, favour (Jf disfavour to which the gratification relateG;« . (a) assistance given by the witness, expert, victim or other person to the Co:tnm.ission or (c) the public officer did.DOtacma11y do any act, the court; or favour or disfavous to induce the gratification, .or never had the intention of .• (b) a disclosure of information made by the doing so. witness, expert, victim or other person to the Commission or the court.. 72. Where a commission, body «tribunal established Corrupt practices by or under the Constitution or any ~ law, in the course, coming to (9) A person who contravenes this section commits an or .on conclusion of any proceeding befOre it, is of the opinion notice of commission, offence and is liable, on conviction, to a fme not exceeding. that the conduct of any person appean .• amstitute an offence body or SCR 200,000 or to imprisonment for a term not exceeding two uOOer thisAct and ought to be inquired_for the purposes of tribunal this Act, the commission, body' ortrilJuDal concerned shall years, or to both such fine and imprisonment. .' , subJect to any prohibition, restrictiolaor restraint imposed Evidence of upon it by, or under, the Constitution •• .,. other written law, 70.(1) In any proceeding for an offence under Part III, it custom communicate its opinion to the Chief Executive Officer, inadmissible shall not be a defence that any gratification solicited, accepted

66 Supplement to Official Gazette [4th April 2016] [4th April 2016] Supplement to Offu:ial Gazette 67 together with the particulars of the person concerned and such . (2) If, on the trial of any person for any offence under other facts of the case as the commission, body or tribunal may Part III, there is' any material variance between the particulars consider necessary. of the offence charged and the evidence adduced in support thereof, such variance shall not, of itself, entitle the accused False, 73.(1) Where, at the conclusion of the trial of a person person to an acquittal ofthe offence charged if, in the opinion of frivolous or groundless charged with an offence under Part III, the court is of the the court, there is eviderice beyond reasonable doubt of the complaints opinion that any person has wilfully, and with intent to harm or commission of that offence. or allegations injure the accused person in any manner made a false, frivolous or groundless complaint or allegation against the accused 77.(l} A person who does anything that constitutes Liability to person, the court shall hold the person liable for an offence as corrup~i$liable to any person or victim who suffers loss or victim provided under subsection (2) and convict accordingly. dam.'.iU a result, for the amount that constitutes full compaation for the loss or damage suffered by the person or .(2) Any person specified under subsection (1), who, in victim. the opinion of the court, has made a false, frivolous or groundless complaint or allegation to the effect that any person .~~r'The compensation' payable under subsection (1) has committed or attempted to commit, or aided, abetted or shaUbe:reoeverable as a civil debt. counselled the commission of, or conspired with any other person to commit, any offence under Part III, commits an (3) The court may, on its own motion' or upon an offence and is liable, upon conviction, to a fme not exceeding appl~by a person who suffers damage; in addition to any SCR300,000 or to imprisonment for a term not exceeding puni~ which it may impose in respect of any offence seven years or to both such fine and imprisonment. under.'Act, order the person convicted of such offence to pay ate compensation toaJty 'person .for damage Application of 74. The provisions of the Criminal Procedure Code suffiaresult of an act of corruption. Criminal Procedure shall apply in relation to the seizure and forfeiture of any :1'JI"t.' ., Code proceeds or property corruptly acquired by any person and any (~i:',{(The Commission shall, where it has rea~onable other related matters. .i.elieve that a person has been a party to any co. . .i,and has benefitted ,ft_ it, institute civil" Tampering 7S.A person who tampers with any property that is seized or pro~:against him in order to :make good the damages with seized . forfeited under this Act commits an offence and is liable, on property suff~tw~e victim because of the corruption. conviction, to imprisonment for a term not exceeding three years. 78~(J~ ,;1Jl' any matter where theCOJDmission is mandated Notifying byttli.)~!W.any other law to insti.e civil proceeding or persons about the claim Alternative 76.(1) If, on the trial of a person who has committed an app1i4iti.,.iit'shaII"be lawful for the Commission to issue a against him conviction of accused offence under Part III, it is not proved that the accused person notice ·ort*of demand to the personmtlRl,ded to be sued, and person committed the offence charged but it is proved that the accused may, in'~lIotice or letter, inform tbepel'son about the claim person committed some other offence under this Act, the agai~_." and further infonnllimother that he or she' accused person may be convicted of such other offence, and be cou.ld••••• claim within a specified~'before the filing of liable to be dealt with accordingly. courtprObeM1ngs. . . .

68 Supplement to Official Gazette [4th April 2016] [4thApriI201~] 69 (2) The Commission may negotiate and enter into a 80.(1) The financial year of"\~ssion shall be the Accounts and calendar year. . audit settlement with any person-against whom the Commission j' intends to bring, or has actually. brought, a civil claim or ~" )';1 I" application in court. (2) The Commission sh~\~tain proper accounts and other relevant records and ~a atatement of accounts .~ (3) The Commission may tender an undertaking, fu inthe form an~ manner approv~:tw.~~ditor-General. writing, not to institute criminal proceedings against a person ,•.'.'~••..1.J -'-' Ij ')V!It.f' , " , who- (3) The account oft~ CQ· •• i.••• ,lhall be audited by ,',;, h (a) has given-a full and true disclosure of all the Auditor General in acc~,Article 158 of the " material fact relating to past corrupt conduct Constitution. and an illegal activity by that person or others; ::\1. ,.' J,!~$FI: i' , -'_< I I and (4) Where the accounul' 'a.tement of accounts (b) has voluntarily paid, deposited orrefunded all property the person acquired through of the Commission in respect 'audite4,the Commission shall after tIle'end of the financial ft. year have been •• titer than 3 months Minister and the corruption or illegal activity. (4) A settlement or undertaking under this section shall be registered in court. . r.."_..... Minister responsible forfi .:....,. tog •. _. with a copy of any the~t Commission. of accounts·~ .~..... . !•. .1'11) tl;!);,,; , of the statement Auditor-General on accounts of the PART VII - FINANCE, ACCOUNTS AND REPORTS 8t. ...... The Commission as possible after the Annual expiralt* of each financial event not later than report Funds of the 79.. The funds of the Commission shall consist of - the '3,.-Miay of March into the Minister, and Commission the ~ responsible report dealing (a) such moneys as may be appropriated by.the g~with the adIlruDllstnltiQllI) during the ~ National Assembly pursuant to an pr~ financial year thC:rll•• "•• 11 cause the report Appropriation Act for the purposes of the tohebddbefore the NationaIAsS._ Commission; (b) any monies received by the Commission by way of donations, gifts or grants from any legal sources whether domestic or foreign; and . 82. The Commission shall,.MM " •• Staff of the maybe determined by the Co'm. ".V'Ii··ll.U_~ Commission (c) any proceeds from sale, lease or transfer of of other employees as may be movable or immovable property of the functions ef the Commission, Commission. other restrictions prescribed by re

70 Supplement to Official Gazette [4th April 2016] Application 83. The Chief Executive Officer and other members of of provisions of the staff of the Commission or any other person acting under Penal Code the direction of the Commission shall be deemed to be employed in the public service for the purpose of sections 91 to 96 ofthe Penal Code. Protection 84. A suit or other legal ·proceedings shall not lie of action taken in against the Chief Executive Officer or other employees of the good faith Commission for any action taken or intended to have been taken in pursuance ofthe provisions ofthis Act. Regulations 85.(1) The Minister may, in consultation with the Commission make regulations for carrying into effect the purposes and provi~ions ofthisAct. (2) Without prejudice to the generality of subsection (1), the regulations made may provide for- (a) the procedure by which an investigation is to be carried out; (b) the manner and form by which a person should lodge a complaint concerning corrupt practices; and (c) any matter which in terms of this Act is required or permitted to be prescfibed. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 22nd March, 2016. Ms. Luisa Waye-Hive Assistant Clerk to the National Assembly