Integrity in Public Life Act No. 23 of 2004

1. This Act maybe cited as the Integrity in Public Life Act, 2004 Short title and and shall come into operation on such day as the Minister may commencement. by Notice published in the Gazette appoint.

2. In this Act unless the context otherwise requires - Interpretation. "assets" include all property includingmonies beneficially held whether in or out of Antigua and Barbuda; "Commission"means the Integrity Commissionestablished pursuant to section 4; "document" includes, in addition to a document in writing- ANTIGUA 2 fie Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape sound track or other device in which sounds or other data not being visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; (d) any film, including microfilm, negative, tape or other device in which one or more usual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; "income"includes- (a) money derived from whatever source or acquired in or out of Antigua and Barbuda; (b) all receipts by way of salary, fees, wages, requisitions,profits, grants, emoluments, rents, interests, commissions, bonus, pensions or annuity and all income within the meaning of the Income Tax Act; Cap. 212. "liability" includes all obligations to pay or to transfer money to another whether in or out ofAntigua andBarbuda; "Minister" means the Minister responsible for Justice and Legal Affairs; "public function"means any activity performed, whether or not payment is received therefor, which is carried out by - (a) a person for, or on behalf of or under the direction of a Ministry, Department of Governmentor a body enacted by statute or an authority; (b) a body whether public or private, providing public services; No. 23 of 2004. The Integrity In Public Liji? 3 ANTIGUA Act, 2004. AND BARBUDA (c) a member of the Senate or the House of Representatives; "personinpublic 1ife"means apersonreferred to inthe First Schedule; "property"includes moneyand all property, real or personal and things in action; "spouse" in relation to a person in public life means a person to whom the person in public life is married or who is living with that person in the circumstances of husband and wife for a period of three years but does not include- (a) a married spouse who is living separate and apart from the person in public life; (b) a married spouse who has ceased to live with that person and where proceedings have been instituted for a divorce or judicial separation during the period a declarationis requiredto be filed. "statutory body" means a corporation, company, board, commission, authority or other body established by or under any written law to performpublicfunctions onbehalf of the Government.

3. This Act applies to every person in public life. Application of the Act. PART I1 INTEGRITY COMMISSION

4. (1) There is hereby established an Integrity Commission. Establishment of Integrity Commission. (2) The Commissionshall consist of a chairman and two other members. (3) The members ofthe Commissionshall be appointed by the Governor-General acting in his own discretion. (4) The members of the Commission shall be persons of integrity one of whom is a lawyer who has practiced law in the Commonwealth for no less than ten years and one of whom is a ANTIGUA 4 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA Act No. 10 of public accountant entitled, under the/Accountancy Profession

1992. Act, 1992, topractise as suchandwho has sopractisedforno less than ten years. (5) A membershall, beforeassuming the functions ofhis office, make and subscribe the oath of office and the oath of secrecy in Form 1 in the Third Schedule before the Governor-General. Disqualification 5.Aperson shallnotbe appointedamemberofthe Commission from if he - membership. (a) is a member of the House of Representatives or the Senate; (b) is a personin public life other than as a member of the Commission; (c) has, at any time during the three years preceding his appointment,been a public officer; (d) has at any time during the five years preceding his appointment held office in a political party; or (e) would otherwisebe disqualifiedtobe amember ofthe House of Representatives or the Senate. Tenure of 6. A member of the Commission shall hold office for a period office. not exceeding three years and shall be eligible for re-appointment. Resignation of 7. (1) Amember other than the Chairman may at any time resign members. his office by instrument in writing addressed to the Governor- General and transmittedthrough the Chairman and fiom the date specified in the instrument of resignation that person ceases to be a member. (2)The Chairmanmayat any time resignhis officebyinstrument in writing addressed to the Governor-General and fiom the date specified in the instrument of resignation that person ceases to be Chairman and member of the Commission. Vacation of 8. A member of the Commission shall vacate office- office. (a) at the expiration of the term of his appointment; No. 23 of 2004. The Integrity In Public Life 5 ANTIGUA Act, 2004. AND BARBUDA (b) on the absence of the member from three consecutive meetings of the Commission, unless the absence is approved by the Governor-General; (c) if the member with his consent is nominated for election to the House of Representatives or is appointed a Senator; (d) if the member is appointed to any public office; or (e) c'nhis resignation or removal from office.

9. (1) A member of the Commission may be removed from ~~~~~~l from office only for inability to exercise the functions of his office office. whether arisingfrom inf~nnityofbody or mind or any other cause or for misbehaviour and shall not be so removed except in accordance with 'the provisions of this section. (2) A member of the Comrnissi~nshall be removed from office by the Governor-Generalif the question of hls removal has been referred to a tribunal appointed under subsection (3) and the tribunalhas recommendedto the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour. (3) If the Governor-General considers that the question of removing a member of the Commission ought to be investi- gated - (a) the Governor-Generalshall appoint a tribunal which shall consist of one person being a Judge of the High Court, a Senior Counsel or a Chief Magistrate, to enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member of the Commission ought to be removed under this section; and (b) a tribunal appointed under paragraph (a), shall give the member of the Commission an opportunity to show cause why he should not be removed from office. (4) If the questionof removing a member of the Commission has been referred to a tniunal under this section, the Governor- ANTIGUA 6 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA Generalmaysuspendthe member fiom the exercise ofthe fimctions of his office and any such suspension may at any time be revoked by the Governor-Generalacting as aforesaid,and shall in any case cease to have effect if the tribunal recommends to the Governor- General that the member of the Commission should not be removed. (5) In this section "misbehaviour" includes conlnlunicating confidential information to any unauthorized person. Publication in 10. The appointment, resignation, revocation of appointment the Gazette. or death of a member of the Commissionshall be published in the Gazette. Remuneration of 11. The members of the Commission shall receive such members. remuneration as shall be determined by resolution of the House of Representatives. Functions of the 12. (1) The functions of the Commission shall be - Commission. (a) to receive and retain all declarations filed with it under this Act; (b) to receiveand investigatecomplaintsregarding non- compliance with or contravention of any provisions ofthis Act or the PreventionofCormptionAct,2004; (c) to make inquiries as it considers necessary in order to verify or determine the accuracy of a declaration filed under this Act; (d) to conduct an investigation into any offence of corruption under the Prevention of Corruption Act, 2004 if it is satisfied that there are grounds for an investigation; (e) to appoint where necessary Auditors to examine and verify the accuracyof the declarationsfiled under the Act or complaints of financial irregularities arising from a breach of the code of conduct specified in the Second Schedule. I$ to examine the practices and procedures of Statutory Corporations and Departments of Government to determine whether there are corrupt practices; No. 23 of 2004. The Integrity In Public Life 7 ANTIGUA Act, 2004. AND BARBUDA (g) to advise Statutory Corporations and Departments of Government of any change in practice or proce- dure which may be necessary to eliminate corrupt practices; (h) to perform such other functions as 1srequired by this Act. (2) In the performanceof its functions the Commission and the staff of the Commission shall not be subject to the control 01 direction of any other person or authority.

13. (1) The Commissionshall have the same powers, rightsand Powers, etc, and privileges as a commission of inquiry appointed under the independence of Commissions of Inquiry Act. Commission. Cap. 91 (2)The Commission shall meet at such times as may be convenient for the transaction of its business. (3) The proceedings of the Commission shall not be affected by any defect in the appointment of a member or ary vacancy in its membership. (4) Subject to this Act, the Commission shall make rules governing its procedure.

14. The declarations filedwiththe Commissionand the records Secrecy and of the Commission in respect of these declarations are secret and confidentiality. confidentialand shallnotbe made public, except where a particular declarationor record is required to be producedby Order of Court for the purpose of, or in connection with any court proceedings or enquiry in respect of a declarationunder this Act, the Preven- cap.324. tion of Corruption Act, 2004 or the Perjury Act.

15. (1) Every member of the Commission and every person Information performing any function in the service of the Commission shall not to be treat all declarations, records or information relating to such communicated unauthorised declarations as secret and confidential and shall not disclose or persons. communicate same to any unauthorised person or allow any such person to haveaccess to any suchrecords,informationor declzmtion. (2) A person who contravenes subsection (1) commits an offence andis liable on summaryconvictionto a fine not exceeding twenty five thousand dollars or to a term of imprisonment not exceeding three years or to both such fme and imprisonment. (3) An unauthorised person is a person other than a person authorised to receive information- ANTIGUA 8 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (a) under this Act in relation to the financial affairs of persons in public life; or (b) by reason of an Order of a Judge of the High Court. (4) Where an unauthorised person publishes information which is submitted by a person in public life pursuant to Part I11 of this Act he commits an offence and is liable on summary conviction to a fine not exceeding twenty five thousand dollars or to a termof imprisonmentnot exceeding three years or to both such fine and imprisonment. Declaration o f 16. (1) Every personin public lifeshall file adeclarationinForrn affairs. 2 in the Third Schedule with the Commission setting out - (a) his income, assets and liabilities; (b) his public and private offices; (c) the assets of his children above eighteen years old and ofany relative which were acquiredpartlyor hlly with his income; (d) the assets of his or her spouse and of their children below eighteen years old; (e) any gifts received in the course of the performance of his public functions; and fl such other information requiredto be set out in Form 2 in the Third Schedule. (2) The Commission shall examine every declaration filed to ensure that it is in compliance with this Act. (3) Where the Cornmissionupon examination of a declaration filed pursuant to subsection (1) is of the opinion that it is necessary or expedient to request further information in order to determine the accuracy of a declaration, the Commission may request the person in public life to furnish any other documents or information as may be required within a specified period. No. 23 of 2004. The Integrity In Public Life 9 ANTIGUA Act, 2004. AND BARBUDA (4) Where upon an examination under subsection (2) the Commission is satisfied that a declaration has been fully made it shall issue a certificate in Form 3 in the Third Schedule.

17. (1) A person who is a person in public life on the date of Filing of commencementof this Act shall within three months fromthedate declaration. of commencement file a declaration pursuant to section 16 and thereafteron or before the 3 1st day of March in each year during any part of which he remains a person in public life. (2) A person who becomes a person in public life after the commencement of this Act shall file a declaration pursuant to section 16 within three monthsof his becoming a personin public life and thereafter on or before the 3 1st day of March in each year during which he remains a person in public life. (3) Where apersonceases to be aperson in public life he shall furnish a declaration at the end of six months from the date on which he so ceases. (4) Whereaperson in public life dies, the declaration which he would have been required to file had he lived shall not be filed. (5) Eve~ymember ofthe Cornmissi~nshall file a declaration in Form 2 in the Third Schedule with the Governor-General before he assumes office and thereafter on or before the 31st day of March of each year.

18. (1) Where a person in public life holds property intrust for Trust property another person he shall so state in his declaration but shall not and blind trusts. be required to disclose the terms of the trust. (2) A person in public life who has assets in a blind trust shall file a copy of the trust deed with the Commission. (3) Where the assets of aperson in public life are in a blind trust he does not have to give more particulars in his declaration than the amount and description of those assets placed in that trust and the date the trust was created. (4) A blind trust is created where a person in public life enters into an agreement with a qualifed trust company whereby - ANTIGUA 10 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (a) after he ceases to be a person in public life full and Troper accounting will be made to him regarding the management of the trust; (b) all or part of his assets are conveyed to the trust for its administration, control and mangement in its absolute discretion without recourse or reporting to the persons beneficially entitled to those assets; and (c) conversion of the assets into other assets are not to be communicated to him until he ceases to be a person in public life. (5) A trust company is a qualifed trust company where - (a) no more than ten percent of the issued shares in the trust company or any of its affiliates is held by the person in public life entering into an agreement with it or by an asssociate; and (b) the person in public life holds no directorship or office in the trust company or any of its affiliates. (6) For the purposes of this part reference to a spouse includes a single person who was living together with another single person for a period of not less than five years. (7) For the purposes of subsection (6) a reference to a single person includes areference to a widow or widower or to a person who is divorced or separated. (8) For the purpose of this section a company is an aff~liateof another conlpanywhere the first mentioned company holds more than five percent of the issued shares in the second mentioned company or where the second mentioned company holds more than ten percent of the issued shares in the first mentioned company. (9) For the purpose of subsection (4) "control" shall be construed within the meaning of "controlled company" as Cap. 212 provided for in the Income Tax Act. No. 23 of 2004. The Integrity In Public Life 11 ANTIGUA Act, 2004. AND BARBUDA (10) A person in public life who fails to comply withsubsection (1) commits an offence y d is liable on summary conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding six months.

19. For the purposes of a declaration pursuant to section 16 Income, assets the income, assets and liabilitiesof aperson in public life include and liabilities of the income, assetsandliabilities acquired,heldor incurredby any agent. other person as his agent or on his behalf.

20. (1) Where a person who is required to file a declaration Failure to file under section 16 fails to file a declaration, the Commission shall declaration. publish that fact in the Gazette and send a report, for appropriate action- (a) in the case of the President of the Senate and of the Speaker of the House of Representatives, to the Governor-General; (b) in the case of a Senator, to the President of the Senate; (c) in the case of a Member of the House of Representatives, to the Speaker of the House of Representatives; ( d ) in the case of a person appointed by a Service Commission, to the relevant Service Commission; or (e) in the case of a person appointed holding office in a statutory body, to the person or authority having power to make an appointment to that office. (2) Where criminalproceedingsare instituted against aperson in public life under this Act no disciplinary proceedings shall be institutedpending the determinationofthe criminal proceedings. (3) A person in public life who, without reasonable cause, fails to make a declaration as required by section 16 shall, by reason of that failure, commit an offence and is liable on summary conviction to a fine not exceeding $10,000 EC or to a term of inlprisonmentnot exceeding twelve months. ANTIGUA 12 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA PARTIV CODE OF CONDUCT Code of 21. (1) Every person in public life shall observe the Code of Conduct. Conduct specified in the Second Schedule. (2) A person in public life who is in breach of the Code of Conductcommits an offenceand is liableon summaryconviction, to a fine not exceeding fifty thousand dollars or to a term of imprisonment not exceeding three years or to both such fine and imprisonment. Complaints to 22. (1) A person who has reasonable grounds to believe that Commission. any person in public life is in breach of any provisionof the Code of Conduct may make a complaint in writing to the Commission and shall state in the complaint the particulars of the breach including- (a) the period within which the breach was committed; (b) the names and addresses of persons involved in the commission of the breach. (2) A person making a complaint under subsection (1) shall produce to the Commission- (a) evid'ence to support the complaint including documentary evidence and sworn statements; (b) such other particulars as may be prescribed by Regulations. (3) A person who makes a complaint under this section shall not be liable in civil or criminal proceedings provided he proves that the complaint was made in good faith. Rejection of 23. Where a complaint has been made to the Commission complaint. under section 22, the Commission afterexamining the complaint may reject the complaint if the Commission is of the opinion that - (a) the complaint is frivolous or vexatious; (b) it does not pertain to a matter the Commission is empowered to deal with under this Act: No. 23 of 2004. The Integrity In Public Life 13 ANTIGUA Act, 2004. AND BARBUDA Provided that no complaint shall be rejected by the Commission without giving the person who made the complaint a reasonable opportunity of being heard.

24. (1) Where upon examination of a complaint made under Investigation o f section 22, the Commission is ofthe view that an investigation is breach of Code necessary, it shall inquire into the matter. o f Conduct. (2) In conducting an inquiry under this section the Comrnis- sion shall have the same powers to summon witnesses as a commission of inquiry under the Commissions of Inquiry Act. (3) The sittings of the Commission to take evidence or hear submissions in the course of any inquiry under subsection (1) shall be held in camera. (4) The complainant and the person in public life against whom any inquiry is held under this section are entitled to notice of the proceedings of the inquiry and to be represented at the inquiry either personally or by an Attorney-at-Law.

25. (1) On conclusion of an inquiry under section 24, the Report to Commission shall forward the report to the Governor-General, Governor- and if it is of the opinion that the evidence before it may warrant that the Director of Public Prosecutions take action against the Fie;' and person the Commission shall forward a copy ofthe report to him. (2) Where the Commission has forwarded to the Director of Public Prosecutionsa report under subsection(1), the Director of Public Prosecutions shall inform the Commission and the Governor-General,in writing about the action taken in pursuance of the report and any other relevant matters. PART V G r n

26. (1)Apersoninpubliclife shallnotaccept any giftorreward Report of gifts. from any person as - (a) an inducement for any official act to be done by him, or (b) a reward for any official act done by him. ANTIGUA 14 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (2)Notwithstandingsubsection(I), aperson in public life may accept a gift or reward from- (a) a community organizationonasocialoccasion which represents the creativity of that organization; or (b) a foreign dignitary where the person in public life has reasonable grounds to believe that the refusal to accept it may offend the foreign dignitary. (3) Where a person in public life accepts a gift or reward that exceeds a value of $1,000.00 in the circumstances specified in paragraph (b) of subsection (2),he shallmake a report ofthat fact in Form4 in the Third Schedule to the Commission within thirty days of the receipt of the gift. (4) Where the Commission determines that the gift was given to the person in public life as a personal gift and was not intended to be a motive or reward for doing or abstaining from doing anythingin the course of the performanceof his officialfunctions or causing any other person from doing or forbearing to do anything, the Commissionshall allow the person in public life to retain the gift. (5) Where the Commissionfinds through the inquiry that the gift was given to the person in public life - (a) as a State gift; or (b) personally,but was intendedto be a motive or reward for doing or abstaining from doing anything in the course of the performanceof his official functionsor causing any other person fromdoing or forbearing to do anything, the Commission shall direct the person in public life in writing to deliver the gift to the Financial Secretary on behalf of the State within such period not exceeding fourteen days as may be specified by the Commission, and the person in public life shall comply with the direction within the time so specified. (6) Wherea gift is delivered to the Financial Secretarypursuant to subsection (5) it shall be dealt with as a gift to the State. No. 23 of 2004. The Integrity In Public Life 15 ANTIGUA Act, 2004. AND BARBUDA (7) Any person in public life who fails to comply with the direction given by the Commissionunder subsection(5) commits an offence and is liable on conviction to a fine equal to the value of the gift involved or to a term of imprisonment not exceeding twelve months. PART VI MIsCELJ.,ANEOUS

27. The h d s of the Commission shall consist of such funds Funds of the as may be appropriated to the Commission by Parliament. Commission.

28. The Corriission shall keep proper accounts of all sums A~~~~~~~and appropriated, its assets and liabilities and those accounts shall Audit. be audited annually by the Director of Audit or an auditor appointed by the Governor-General.

29. (1) The Commission shall prepare and submit to the Annual reports. Minister on or before June 30th in each year a report on the activities of the Commission during the preceeding year and its audited accounts. (2) A copy ofthe report together with the auditor's report shall be laid before the House of Representativesat the sitting following the receipt of the report. (3) The report under subsection (1) shall not disclose the particulars of any declaration filed with the Commission.

30.(1) The Governor-Generalshall appoint a Secretary to the Secretary and Commission on such terms and conditions as he may determine. staff of the Commission. (2) The Secretary shall - (a) be entitled to attend meetings of the Commission; (b) record the minutes of each meeting; and (c) subject to the direction of the Commission, perform all functions necessary for the efficient and effective discharge of the functions of the Commission. (3) The Commissionshall be provided with staffadequate for *theprompt and efficient discharge of its functions underthisAct. ANTIGUA 16 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (4) staff of the Commission shall be public officers appointed by the Public Service Commission. (5) Every person appointed under this section or authorized to perform any functions under this Act shall, before assuming his functions, make and subscribe the oath of office and the oath of secrecy in Form 1 in the Third Schedule before the Chairman. Expenses of the 31. All expenses incurred by the Commission forthe purposes of this Act are a charge on the Consolidated Fund. Offences. 32. (1) A person who - (a) fails without reasonable cause to furnish to the Commissiona declarationor furtherparticularsthereof which he is required to furnish in accordance with this Act; or (b) knowingly makes a declarationwhich is false in some material particular, commits an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonmentfor a term not exceeding three years or to both such fine and imprisonment. (2) Where the offence under subsection (1) involves the non- disclosureof property acquired while in public life, the Cowt may, if satisfied that such property was acquired in contravention of this Act or any other law, in addition to the penalty specified under subsection (1) - (a) where the property involved is situatedin Antigua and Barbuda declare that it be forfeited to the State; or (b) where the property involved is situated outside Antigua andBarbuda, order that anamountequivalent to the value of the property as assessed by the Court be paid by the person in public life to the State. (3) Propertyacquiredfromapersonreferredtoundersubsection (2) by a bona fide purchaser for value without notice of any offenceby that person is not liable to forfeiture, but the Court may order that an amount equivalent to the value of the property or the price paid by the purchaser, whichever is the greater, shall be paid by the person in public life to the State. No. 23 of 2004. The Integrity In Public Life 17 ANTIGUA Act, 2004. AND BARBUDA (4) Payment of all sumsdue to the State pursuant to subsection (2) or (3) may be recovered as a debt due to the State.

33. The Minister may, by Order which shall be subject to Amendment of a f h a t i v e resolution of the House of Representatives, amend any of the Schedules. d4. Subject to this Act and to Regulations made hereunder the Power of Commission may make rules to regulate its procedure. Commission to make rules.

35. The Minister may make Regulations with respect to - Regulations. (a) any matter that is required to be prescribed by Regulation under this Act; and (b) generally, for the effective implementation of this Act.

FIRST SCHEDULE (Section 2) PERSONS IN PUBLIC LIFE 1. Member of the Commission and the Secretary to the Commission 2. Members of the House of Representatives 3. Members of the Senate 4. President of the Senate 5. Speaker of the House of Representatives 6. ParliamentarySecretaries 7. Secretary to the Cabinet 8. Members of the Barbuda Council 9. Members of the ElectoralCommission 10 . Financial Secretary and Deputy Financial Secretary 11. Budget Director and Deputy Budget Director 12. Permanent Secretaries and Principal Assistant Secretaries 13. Heads and Deputy Heads of Diplomatic Missions 14. Solicitor General 15. ClerktoParliament 16. ChiefEstablishmentOfficer 17. Accountant General and Deputy Accountant General 18. Managers, Heads and Deputy Heads of Departments and Divisions 19. Commander and Deputy Commander of the Defence Force 20. Commissioner and Deputy Commissioner of the Police Force ANTIGUA 18 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA 21. Police Officers of therank of Inspector and above 22. Chief Immigration Officer, Deputy Chief Immigration Officer and Senior ImmigrationOfficers 23. Superintendent of Prison and the Chief Officer 24. All commissioned and warrant officers of the Antigua and Bdrbuda Defence Force 25. Comptrollerof Customs,Deputy Comptrollerof Customsand Senior Customs Officers 26. Commissioner of Inland Revenue, Deputy Commissioners, Senior Inland Revenue Officers and Auditors of Inland Revenue 27. Legal Officers employed by the Government of Antigua and Barbuda 28. Director of Public Prosecutions 29. Magistrates 30. Labour Commissioner and Deputy Labour Commissioner 31. Chief TechnicalOfficers ofMinistries 32. Members of the Public Service Commission 33. Members of the Police Service Commission 34. Member of the Public Service Board of Appeal 35. Chairman, Deputy Chairman and Secretary of the Boards or governing bodies of statutory bodies 36. Chief Executives and deputy chief executives, by whatever name known, of statutory bodies 37. Heads and Deputy Heads of Divisions of statutory bodies 38. Members of the Tenders Board 39. Tax Compliance OMicers 40. Director of Audit and Deputy Director of Audit 41. Members of the Tax Appeal Board 42. Property Evaluation Officers 43. Senior Casino Inspectors

SECOND SCHEDULE CODE OF CONDUCT A person in public life shall not - (a) in return for anything done, or to be done, or omitted to be done in the execution ofhis duties, ask for or accept for himself or any person, any money, property, benefits or favours of any kind over and above that which he is lawfully entitledto receive for the performance ofhis duties; No. 23 of 2004. The Integrity In Public Life 19 ANTIGUA Act, 2004. AND BARBUDA (b) in the course of the performance of his official functions discriminate against any person with respect to terms, conditions and privileges of employment or other official matters because of that person's race, place of origin, political opinion, colour, creed or gender; for himselfor for anyone else accept any gifts, benefit or advantiigefrom any one, except personal gifts from his spouse, relatives or friends, or personal gifts given otherwise than as a motive or reward for doing or forbearing to do anything in the performance of his official functions or causing any other person from doing or forbearing to do anythmg;but this paragraphdoesnot apply to giftsreceivedonbehalfoftheState by aperson in public life in the course ofthe performance of his official functions; allow private interests to conflict with his public duties or improperly influeme his conduct in the performance of his public duties; allow the pursuit of his private interest to interfire with the proper discharge of his public duties; and any conflict between his private interests and his public duties shall be resolved in favour of his public duties; use his official influence in support of any scheme or in furtherance of any contract or proposed contract or other matter in regard to which he has an interest; make use of, or communicate to anyone except in the performanceofhis official duties, the contents of any document, or any information, or matter acquired in the course ofhis officialduties which are not available to the public; use or allow the use of public property (including money), equipment, supplies or services for any purpose other than for officially approved purposes; while he is a person in public life, acquire, or become a partner or shareholder in, or director or manager of a firm or company which has or had a contract with the Governmentor with the public body ofwhich that person is or was a member or employee, during the tenure of his office; but this paragraph does not apply where the person to whom this Code appliesmakes a public disclosure of such partnership,shareholding or other interest. inthe course ofthe performance ofhis officialduties, aid, abet, counsel, procure or command any other person to commit a breach of this Code of Conduct. ANTIGUA 20 The Integn'ty In Public Lijie No. 23 of 2004. AND Act, 2004. BARBUDA

THIRD SCHEDULE FORM 1 (Sections4 (5) and30 (3)) Oath of Office I, ........................................................ do swear that I will exercise the functions of ChainnanlMemberlSecretarylemployeeofthe Integrity Commissionwithoutfear or favour, affection or ill-will according to the Constitution and laws of Antigua and Barbuda. So help me God! 20......... Swornbeforemethis... .........clayof.................................................................. ..................................................................... GOVERNOR-GENEW- ANTIGUAANDBARBUDA Oath of Secrecv 1,......................................................................... .ChahadMember/Secretarylemployee of the Integrity Commission, do swear that I will not on any account or at any time disclose any opinion, advice or privileged informationof the Integrity Commission and that I will not expect with the authority of an order of court or the Integrity Commissionand to such extext as may be required for the good management of the affairs of that Commission directly reveal the business or the proceedings of the Integrity Commission or the nature or any content of any document. Swornbeforemethis..........dayof............................................................ .......20......... .................................................................. GOVERNOR-GENERAucmmh4AN ANTIGUAANDBARBUDA No. 23 of 2004. The Integrity In Public Life 21 ANTIGUA Act, 2004. AND BARBUDA FORM 2 (Sections 16and 17) DEC1,ARATION OF INCOME, ASSETS AND LIABILITIES NAME OF DECLARANT.............................................................................................. ADDRESS.......................................................................................................................... NAME OF SPOUSE...................................................................................................... ADDRESS.......................................................................................................................... NAMES OF CHILDREN................................................................................................... 1. INCOME: Income- received or receivable as salary, fees as director or consultant, commission, bonus, dividends, provisional fees, rent, gifts in kind or cash and other receipts or transfers (state name and address of each source) 2. ASSETS: (a) Real Property Description, and value in the opinion of the declarant, including a copy of the latest valuation thereof, if any, and the purchase price or other consideration for its acquisition (where land and buildings thereon are owned by declarant this should be shown separately from land owned without buildings). Location: k Rents (State from whether house or land). fb) CashinBank @dq$@ each Bank separately and state amount). ANTIGUA 22 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA (c) Life Insurance Policies (Identify each company separately, state annual premiums, cash surrender value of policy and date of maturity). (d) Shareholdings in companies and holdings in partnership and joint ventures. (List each enterprise separately, the nature of its business and the number of shares held). (e) Directorships and partnerships. (Identify enterprise, nature of its business, date of appointment as director). If) Other Assets Motor vehicles (including heavy duty equipment) Boats Government Bonds Other (a) Mortgages (b) Judgement Debts (c) Other Liabilities 4. PUBLICAND PRIVATEOFFICES 5. ASSETSOFCHILDRENABOVE 18YEARS 6. ASSETS OFRELATIVESACQUIREDPARTLY ORWHOLLYWITH DECLARANT'SINCOME 7. ASSETSOFSPOUSEAND CHILDRENBELOW18 YEARS 9. TRUSTPROPERTYAND BLINDTRUSTS Datedthis.............day of..................................................20......... No. 23 of 2004. The Integrity In Public Life 23 ANTIGUA Act, 2004. AND BARBUDA I........................................................................................................................................... hereby declare that this Declaration gives full, true and complete particulars of the assets and liabilities and other matters as on the relevant date, that is....................................................and the income during the period of twelve months immediately prior to that date, ofmyself to the extent to which1have knowledge of the same. ............................................................. Declarant. FORM 3 CERTIFICATE NAME OF DECLARANT.......................................................................... The Commissionhereby certifies that it has examinedthedeclaration submitted by the declarant and is satisfied that a full disclosure has been made in accordance with this Act. ......................................................... Chairman Integrity Commission REPORT OF GIFT RECEIVED To: Thechairman IntegrityCommission Name ofDeclarant:........................................................................................................ PositionofDeclarant:................................................................................................... . . Descnpbonof= ........................................................................................................ Person who made the Gift ............................................................................................... Date of= .................................................................................................................... ANTIGUA 24 The Integrity In Public Life No. 23 of 2004. AND Act, 2004. BARBUDA Value ofGift .................................................................................................................. ................................................................... ..................................................... Signature Date MlRM5 SUMMONS TO m S S BEFORT3 THE INTEGRITY COMMISSION A.B.,Complainant C.D., (name ofperson inpublic life alleged to be inbreach ofthe Code of Conduct). TO. ............................................................,of..................................................................... Whereof complaint has been made before the Integrity Commission that C.D.. ................................................. (state conciselythe substance ofthe complaint)and it has beenmade to appear to the Commission that you are likely to give materialevidence on behalf of the Complainant/personin public life in this behalf: This requiresyou to be and appear at. ......................................................................... o'clock on the............day of. ............................................................................ ,20......... . . at.................................................................................................before the C o m s i o n in the said place, to testify what you know concerning the matter of the said complainant. Dated this............dayof .....................................................,20......... ...................................................................... Chairman of the Integrity Commission Na23of2004. The Integriry In Public Life 25 ANTIGUA Act, 2004. AND BARBUDA Pacrsed the House of Representatives this Passed the Senate this 5th 4thBeyof November, 2200. day of November, 2004. y*Borry, . Act@ C b k to nke H i e of Representatives. Acting Clerk to the Senate. Printedat the GovenuncntRiliting Oflice,Antigua and Barbuda, by Walter A. hbsiah, Govetmat -ByAuShority, 2004. laxern [Price$9.95]