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									INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND
ITS IMPLEMENTATION IN THE EASTERN CARIBBEAN STATES




ANALYSIS ON THE ADJUSTMENT OF CRIMINAL LEGISLATION
    TO THE INTER-AMERICAN CONVENTION AGAINST
 CORRUPTION AND REGIONAL DRAFT MODEL LEGISLATION


                                By
                        Project Consultant
                   Judge Monica Theresa Joseph




                     GENERAL SECRETARIAT

                 SECRETARIAT FOR LEGAL AFFAIRS
    TECHNICAL SECRETARIAT FOR LEGAL COOPERATION MECHANISMS




               ORGANIZATION OF AMERICAN STATES
                       DECEMBER 2002
 ANALYSIS ON THE ADJUSTMENT OF CRIMINAL LEGISLATION TO THE
      INTER-AMERICAN CONVENTION AGAINST CORRUPTION

           ALL ORGANIZATION OF EASTERN CARIBBEAN STATES

I am pleased to present to the Organization of American States an analysis of anti-
corruption legislation in the Organization of Eastern Caribbean States (OECS) and two
draft bills.

Firstly, I thank persons in the Organization of Eastern Caribbean States (OECS) who
conducted research into the domestic laws of the various States relative to corruption
legislation. They are:

Miss Jose Laurent of Antigua and Barbuda; Mr. J. Browne, University of the West Indies
Law Library conducted research in respect of Dominica; Miss Karen Hughes of St. Kitts
and Nevis; Miss Karen Stephen-Dalton of St. Lucia; Mrs. Petrona Sealey-Browne of St.
Vincent and the Grenadines. From the beginning of this year Mrs. Sealey-Browne and
myself have been working together on drafting some legislation for St. Vincent and the
Grenadines.

To satisfy the requirements of the Inter-American Convention against Corruption
Member States are to have provisions in their domestic legislation that reflect the
provisions of the Convention. To incorporate the provisions of the Convention I have
drafted two bills – Integrity in Public Life and Prevention of Corruption. I shall now
refer to existing legislation in the various States:

ANTIGUA AND BARBUDA

Antigua and Barbuda has recently tabled in Parliament two Bills - Integrity in Public Life
and Prevention of Corruption the provisions of which are substantially in compliance
with the provisions of the Convention. The Integrity Bill provides that persons in Public
Life as listed in a Schedule are to declare their income, assets and liabilities to the
Governor-General.

Those persons are Members of Parliament, Members of the Judiciary and Magistracy,
Members of the various Service Commissions, senior members of the Civil Service –
persons drawing a salary not lower than the salary of Administrative Secretary; and
police officers not below the rank of Inspector, members of statutory authorities,
Government agencies and boards and State enterprises partly owned by the State and
Directors appointed by Government.

The Bill enacts that a person in public life may place his assets or part of those assets in a
blind trust for the purpose of the Bill and file a copy of the trust deed with the Governor-
General. Where assets are so placed the declarant need not in his declaration give more
particulars of those assets than the amount and description of the assets placed in that
trust and the date that this was done.



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A trust company managing assets of a person in public life by way of blind trust must
reply fully to inquiries made by Independent Counsel or the Director of Audit relating to
the nature and management of the assets of the blind trust.

A blind trust is stated to be created when a person in public life enters into an agreement
with a qualified trust company in a number of stated instances.

Upon a judge being satisfied on an ex parte application made by the Director of Public
Prosecutions that there is reasonable cause to believe that a person in public life who is
required to file a declaration has committed an offence under that Bill or under the
Prevention of Corruption Bill, the Governor-General consults with the Prime Minister
and the Leader of the Opposition and appoints an Independent Counsel who is protected
in the same way a Director of Public Prosecutions is protected under the Constitution,
that is, in the performance of his functions he is not subject to the control or direction of
any person or authority.

The Independent Counsel must be an Attorney or barrister at law or solicitor of at least
seven years standing who is charged with the responsibility of making inquiries to
determine the accuracy of the financial affairs of the person of whom a judge in
Chambers is satisfied that there is reasonable cause to believe has committed an offence.

The Independent Counsel is responsible for inquiries and investigations and the Director
of Public Prosecutions is the person who authorizes the institution of prosecutions.

Except for one offence (section 10 (2)), there can be no prosecution for any offence under
the Act unless the written consent of the Director of Public Prosecutions is obtained and
there can be no prosecution if five years have passed since the person has ceased to be in
public life. Section 10 (1) provides that information relating to declarations and records
of the Commission is not to be communicated to unauthorized persons. Subsection (2)
creates an offence if information is disclosed and states the penalty.

The Prevention of Corruption bill lists the acts that constitute corruption as set out in the
Convention.

There is an offence of unexplained property which falls under two limbs: Where a public
servant (a) maintains a standard of living above that which is commensurate with his
present or past official emoluments (b) is in control of pecuniary resources or property
disproportionate to his present or past official emoluments, and he fails to give a
satisfactory explanation to the Court as to how he was able to maintain that standard of
living or how those such pecuniary resources or property came under his control, he is
guilty of an offence.

On an ex parte application by the Director of Public Prosecutions supported by affidavit
evidence to a Judge in chambers, the Judge if satisfied that there is reasonable cause to
believe that a person has committed an offence under the Act, may make an order



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authorizing the Independent Counsel to apply to the Governor-General to release to the
Independent Counsel the declaration of assets and liabilities filed under the Integrity Act
and to cause a search to be made, by a police officer not below the rank of Inspector, of
any premises named in the order and to inspect and make copies of documents as
specified in the order.

DOMINICA

Research has not revealed anti-corruption provisions in the laws of Dominica.

GRENADA

In Grenada many of the corruption offences in the Convention are enacted in the
Criminal Code (Cap. 1).      Those offences are regarded as misdemeanors attracting
penalties ranging from two to seven years imprisonment. With one exception there is no
penalty of imposition of fines. The exception is the offence where a person bribes a
Minister or a Minister accepts a bribe. That offence attracts both a fine and
imprisonment.

Some of the corruption provisions relate to ‘public, juror and voter’. It will be necessary
for Grenada to decide whether the Criminal Code should be amended leaving in the
provisions in the code for ‘juror and voter’ and removing ‘public officer’ to a Prevention
of Corruption Bill.

Extradition Act 1998 (No. 22 of 1998) – (into operation by Governor-General’s
Proclamation) provides extradition procedures between Grenada and a foreign State
(defined as ‘any state, other than Grenada, that is not a Commonwealth Country”).
Where a person is accused in that State of the Commission of an extradition offence or is
alleged to be unlawfully at large after conviction of an extradition offence by a court in
that State, a person in Grenada may be arrested and surrendered to that State.

A person in Grenada who is accused of an extradition offence in a Commonwealth
Country or who is alleged to be unlawfully at large after conviction of an extradition
offence in that country may be arrested and surrendered to that country. Extradition
offence is defined to mean conduct in the foreign State or Commonwealth country, which
would constitute an indictable offence in Grenada punishable with imprisonment of five
or more years.

Upon receipt of an extradition request the Minister for Foreign Affairs issues an authority
to proceed.

Mutual Assistance in criminal matters (Commonwealth Countries) Act 1998 (No. 5 of
1998) (into operation on Governor-General’s proclamation) makes provision for
assistance to be given to Commonwealth Countries. ‘Commonwealth Country’ means
(a) a sovereign and independent country within the Commonwealth, together with any
dependent territory designated by that country, and (b) each country within the



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Commonwealth, which, though not sovereign and independent, is not designated for the
purpose of (a) above. The Central Authority in Grenada to receive request is the
Attorney General

ST. LUCIA
ST. KITTS AND NEVIS
ST. VINCENT AND THE GRENADINES

Article VI of the Convention lists five acts of corruption that need to be considered by
Member States in providing necessary legislation. At present there are provisions in the
Criminal Code of Saint Vincent and the Grenadines and Saint Lucia that provide for the
offence of corruption of public officers and the extradition of public officials.

In Saint Kitts Nevis there are no provisions in the Criminal Code that deal specifically
with acts of corruption. The offence of bribery is listed as an extraditable offence in the
Fugitive Offenders Act. Saint Lucia has incorporated acts of corruption in its Integrity in
Public Life Act under section 31 and Schedule II. Saint Lucia is in process of drafting a
new Criminal Code.

There are certain provisions relating to corruption in the Criminal Law of Saint Vincent
and the Grenadines and consideration will need to be given to repealing those if the
newly drafted Prevention of Corruption Bill is accepted.

Saint Lucia’s Integrity in Public Life, section 33 - prevents any form of reprisal whether
civil or criminal against someone who, in good faith or believing that complaint
allegations are substantially true, has reported to the Commission any act of corruption.

Section 25 of the Act enacts a penalty of up to $50,000.00 or a term of imprisonment not
exceeding five years or both for failure to file a declaration. In some instances a fine is
stated to be an amount not less than the value of the thing involved in the Commission of
the offence and to imprisonment for three months.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

Under Article XVII of the Convention, the designation of a central authority does not
require legislative measures as this is provided for in the Mutual Assistance in Criminal
matter Act in Member States. These Acts (Section 3) provide for the establishment of a
Central Authority, which is established for the purpose of transmitting and receiving
requests for assistance. The Article implies that where the authorities are already
provided for they may be relied upon. The Act in Saint Vincent and the Grenadines
makes provision for mutual assistance between Commonwealth territories. Saint Vincent
and the Grenadines has signed a Mutual Assistance in Criminal matters Treaty with a
non-Commonwealth country, the United States of America




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INTEGRITY IN PUBLIC LIFE AND PREVENTION OF CORRUPTION BILLS

Items 1 – 3 of the Convention deal with standard of conduct for public officials – correct,
honorable for the proper fulfillment of their public functions: the mechanisms to be put in
place to enforce that standard of conduct and the necessity of sensitizing public officials
of their responsibilities and the ethical rules governing their activities.

There are Acts, Regulations and Staff Orders in Member States that govern the public
service. Saint Vincent and the Grenadines is considering whether Staff Orders should
have the force of law. Those Acts, Regulations and Staff Orders in Member States do
not cover members of Parliament. As the intent of the Convention is to extend to all
persons who hold public office, I have drafted an Integrity in Public Life Bill which will
be as it were a Code of Conduct and a Prevention of Corruption Bill which provides for
acts of corruption mentioned in the Convention to be offences.

I looked at the penalty provisions in Prevention of Corruption Bill of South Africa and
Antigua. I am referred to provisions in Jamaica where on summary Convention for a
first offence for an act of corruption the penalty is not exceeding one million dollars or
imprisonment up to two years or both. For a subsequent offence up to three million
dollars or three years or both. On conviction in a Circuit Court for a first offence penalty
is five million dollars or five years or both. For a subsequent offence ten million dollars
or 10 years or both. I have provided penalty of $100,000.00. It will be for the working
groups and eventually Member States to decide on penalty levels.

In these small territories it may be difficult to have two commissions (one for each bill).
I have therefore provided for one Commission for both bills. The Commission is
established in the Integrity in Public Life bill and in the Prevention of Corruption bill it is
stated that the Commission referred to in the bill is the Integrity Commission.

I have attempted to maintain a balance – to have declaration of assets etc. while providing
some privacy. Transparency but not ‘talking point’. Members of the Commission are
to be appointed by the Governor-General from persons who have certain qualities. The
Governor-General has the authority to remove a member who does do not match up to
what is expected. A member may be removed for misbehavior, e.g., communicating the
business of the Commission to unauthorized persons.

The territories are small and to deter mischief making by providing false information I
have provided for an offence of maliciously providing the Commission with false
information.

There are offences in the Prevention of Corruption Bill where a person in public life is
required to give some information relative to the offence. An accused is innocent until
proven guilty. This concept stands. There is no burden on a person accused of an
offence to prove beyond a reasonable doubt that he is guilty. What the bill attempts to do
is to provide for a person accused to show (civil burden of proof) that is more probable




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than not that he knows nothing about the offence with which he is charged. What is
required? Some evidence that satisfies the civil burden of proof - of probability.


TENDERING

Except for providing that it is an offence to do certain acts in relation to tendering, I have
not attempted to incorporate tendering systems as I think that that requires separate
legislation. Further, it may well be that the existing systems under the Finance and Audit
Act and Financial and Stores Rules in member States are adequate and what may be
required is to provide penalties in addition to surcharges for breaches of systems and
procedures.




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                         MODEL DRAFT FOR OECS
                    PREVENTION OF CORRUPTION ACT, 2002

                        ARRANGEMENT OF SECTIONS
SECTION

1.    Short title

2.    Interpretation

3.    Application of Integrity Commission

4.    Acts of Corruption

5.    Offence in respect of procuring tenders

6.    Transnational bribery

7.    Offences and penalties

8.    Property acquired bona fide

9.    Defence not available to person charged

10.   Defence available to person charged

11.   Presumption of Corruption

12.   Consent of the Director of Public Prosecutions

13.   Making of false allegation

14.   Complaint to Integrity Commission

15.   Inquiry by the Integrity Commission

16.   Action by Director of Public Prosecutions

17.   Where public allegation is made

18.   Regulations

19.   Commencement




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                             MODEL DRAFT FOR OECS
                                ACT NO.    2003
                                  A BILL FOR


AN ACT to make provision for the Prevention of Corruption in the performance of
public functions and to give effect to the provisions of the Inter American Convention
Against Corruption and to provide for matters incidental thereto or connected therewith

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the House of Representatives [Assembly] and by the authority of the same, as
follows:

                                       PART I
                                    PRELIMINARY


Short            1. This Act shall be cited as the Prevention of Corruption Act 2003.
Title

Interpretation   2. In this Act, unless the context otherwise requires;

                 “benefit” includes any property, service or advantage whether direct or
                 indirect;

                 “Government company” means a company registered under the
                 Companies Act, being a company whose policies the Government or an
                 agency of Government, whether by holding shares or by financial input,
                 is in a position to influence;

                 “Government official of another State” means a public official of a state
                 other than (…);

                 “Lawful earnings” includes any property inherited by will or on
                 intestacy;

                 “Property” includes money and all property, real or personal and things
                 in action;

                 “Public body” includes:

                    (a) The Senate and the House of Representatives (House of
                        Assembly) Cabinet and Cabinet Committees;
                    (b) Ministry or Department of Government;
                    (c) A corporation established by an Act of Parliament or a subsidiary
                        company of that Corporation;



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                    (d) A commission, statutory board, public authority or other body of
                        any description, whether its members are paid or unpaid;

                           “Public officer” has the meaning given to it under the
                           Constitution;

                           “Public official” means a person who is a member of a public
                           body or a public officer;

Application of   3. (1) The Commission referred to in this Act is the Integrity
Integrity           Commission established under the Integrity in Public Life Act 2003.
Commission
                    (2) In addition to the functions and powers of the Integrity
                    Commission under section 11 of the Integrity in Public Life Act, the
                    Commission may consult with any person, institution or organization
                    in the exercise of its powers of

                        (a) investigating an act of corruption reported to the Integrity
                            Commission;
                        (b) conducting an inquiry into a complaint received by the
                            Integrity Commission.
Acts of
Corruption       4. A person commits an act of corruption if he

                        (a) solicits or accepts, whether directly or indirectly, any article,
                            money or other benefit or advantage for himself or another
                            person for doing an act or for omitting to do an act in the
                            performance of his functions as a public official;
                        (b) in the performance of his duty as a public official, performs
                            or omits to perform any of his duties in a public body for the
                            purpose of obtaining any benefit for himself or any other
                            person;
                        (c) offers or grants directly or indirectly to a pubic official any
                            article, money, or other benefit, for doing or omitting to do
                            any act in the performance of his duties as a public official;
                        (d) allows his private interest to conflict with his public duties or
                            to improperly influence his conduct in the performance of his
                            duties as a public official;
                        (e) improperly uses for his benefit or that of a third party any
                            classified or confidential information that he has obtained in
                            his duties as a public official;
                        (f) communicates to an unauthorised person any classified or
                            confidential information obtained in the performance of his
                            duties as a public official with a view to assisting that person
                            to obtain a benefit;
                        (g) improperly uses for his benefit or that of a third party, any



                                            10
                           property belonging to the Government or any Statutory body
                           or government company to which he has access as a result of
                           or in the course of the performance of his functions;
                       (h) hinders or delays the performance of a duty of a public
                           official with a view to obtaining a benefit for himself or
                           another person;
                       (i) aids, assists or is an accessory after the fact or participates in
                           any manner in the commission of, or conspires to commit
                           any act of corruption under this section.

Offence in      5. (1) A public official who, in relation to a contract for performing any
respect of         work, providing a service or supplying articles or material
procuring
tenders
                       (a) accepts, agrees or offers to accept whether directly or
                           indirectly any benefit for himself or for another person for
                           awarding a tender to a particular person;
                       (b) gives, agrees or offers to give whether directly or indirectly
                           any benefit to another person for the purpose of obtaining
                           any benefit for himself or for another person as a reward for
                           awarding a tender to a particular person;
                       (c) gives to a person confidential information in order to enable
                           that person to tender or not to tender in a particular manner in
                           order to obtain an unfair advantage in tendering

                commits an offence

                   (2) A person who, in relation to a contract for performing any work,
                   providing a service or supplying articles or material

                       (a) offers to a public official whether directly or indirectly any
                           benefit for himself or for another person for awarding a
                           tender to a particular person;
                       (b) offers to a public official whether directly or indirectly any
                           benefit for the purpose of obtaining any benefit for himself or
                           for another person as a reward for awarding a tender to a
                           particular person.

                commits an offence.
Transnational
bribery         6. (1) A citizen of the State or a person who is habitually resident in the
                   State who offers or grants directly or indirectly to a government
                   official of another state any article or money or other benefit in
                   connection with any economic or commercial transaction, in
                   exchange for any act or omission in the performance of the public
                   functions of that public official, commits an offence.




                                           11
                  (2) For the purposes of subsection (1) “habitual resident” means a
                  person who has a home or business in the State or both or who lives
                  or visits the State.

Offences and   7. (1) A person who commits an act of corruption under section 4 (a),
penalties         (b), (c), sections 5 or 6, is liable

                      (a) on conviction on indictment to a fine not exceeding
                          $50,000.00 or to a term of imprisonment not exceeding 15
                          years or to both fine and imprisonment;
                      (b) on summary conviction to a fine not exceeding $25,000.00 or
                          to imprisonment not exceeding 5 years or to both fine and
                          imprisonment;
                      (c) to be disqualified from holding any public office for a period
                          of seven years from the date of conviction for the offence;

                  (2) A person who commits an act of corruption under section 4 (d),
                      (e), (f), (g), (h),(i) is liable

                      (a) on conviction on indictment to a fine not exceeding
                          $30,000.00 or to a term of imprisonment not exceeding 10
                          years or to both fine and imprisonment;
                      (b) on summary conviction to a fine not exceeding $15,000.00 or
                          to imprisonment not exceeding 5 years or to both fine and
                          imprisonment.
                      (c) to be disqualified from holding any public office for a period
                          of seven years from the date of conviction for the offence;

                  (3) The Court may make

                      (a) a confiscation order;
                      (b) an order directing payment to a public body the value of any
                          property obtained by the convicted person in relation to the
                          act of corruption for which he was convicted.

                  (4) A person who possesses or is in control of any property knowing
                      that the property or part of the property or proceeds of the
                      property were obtained or derived directly or indirectly from the
                      commission of an act of corruption, commits an offence and is
                      liable

                      (a) on conviction on indictment to a fine not exceeding
                          $50,000.00 or to imprisonment for a term not exceeding ten
                          years or to both fine and imprisonment;
                      (b) on summary conviction to a fine not exceeding $20,000.00 or
                          to a term of imprisonment not exceeding five years or both



                                         12
                            fine and imprisonment.

                    (5) A person who

                        (a) aids, assists, or is an accessory after the fact or participates in
                            any manner in the commission of or conspires to commit an
                            act of corruption;
                        (b) procures the commission of an act of corruption or who
                            attempts , or counsels another, to commit an act of corruption

                 commits an offence and is liable

                              (i) on conviction on indictment to a fine not exceeding
                                   $50,000.00 or to imprisonment not exceeding ten years
                                   or to both fine and imprisonment;
                              (ii) on summary conviction to a fine not exceeding
                                   $20,000.00 or to imprisonment not exceeding five years
                                   or to both fine and imprisonment.

Property         8. Property acquired bona fide without notice that a corruption offence
acquired bona       has been committed is not liable to forfeiture.
fide


Defence not      9. Where in any proceedings for an offence under this Act it is proved
available to
person charged
                    that a public official accepted a gift or benefit believing or having
                    grounds to believe or to suspect, that the gift or benefit was given as
                    an inducement or reward for doing or forbearing to do an act in the
                    performance of his functions it shall be no defence that that public
                    official

                        (a) did not actually have the power or right to so do or to so
                            forbear from any act;
                        (b) accepted the benefit with no intention of doing or forbearing
                            to do any act

Defence          10. It shall be a defence to a person charged with an act of corruption if
available to         he satisfies the Court, on a balance of probabilities, that he had no
person charged
                     knowledge of the circumstances giving rise to the act of corruption.

Presumption of   11. Where in any proceedings for an offence it is proved that in seeking
Corruption           to obtain a contract from the government, a government department
                     or a public body, a person has received or given money, a gift or any
                     other benefit, that gift or benefit shall be presumed to have been paid
                     or given and received as an inducement or reward unless, on a
                     balance of probabilities, the contrary is proved.




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Consent of the    12. No prosecution shall be brought under the provisions of this Act
Director of           unless the consent of the Director of Public Prosecutions is obtained.
Public
Prosecutions

Making of false   13. A person who maliciously makes a false allegation or maliciously
allegation            provides false information related to an act of corruption commits an
                      offence and is liable

                         (a) on conviction on indictment to a fine of $30,000.00 or to
                             imprisonment for a term of five years or to both fine and
                             imprisonment;
                         (b) on summary conviction to a fine of $15,000.00 or to a term
                             of imprisonment not exceeding three years or to both fine and
                             imprisonment.

Complaint to      14. (1) A person who has reasonable grounds to believe that a person in
the Integrity         public life has committed an act of corruption may complain in
Commission
                      writing to the Integrity Commission stating

                         (a) the particulars of the breach;
                         (b) the nature of the evidence that the person proposes to
                             produce in support of the complaint;
                         (c) other particulars as may be prescribed in regulations by the
                             Minister.

                     (2) A complaint to the Integrity Commission under this section may
                     be presented in person or may be sent by registered post to the
                     Chairman of the Integrity Commission.

Inquiry by        15. (1) Where the Integrity Commission receives a complaint, the
the Integrity         Integrity Commission on examination of the complaint may
Commission

                         (a) reject the complaint if it considers it is frivolous, or that it
                             does not relate to a matter the Commission is empowered to
                             deal with;
                         (b) hold an inquiry into the complaint giving an opportunity to
                             the person in public life to be heard;
                         (c) on conclusion of an inquiry, forward the complaint, and any
                             documents to the Director of Public Prosecutions if it
                             considers that there is sufficient evidence to support a
                             criminal charge.

                     (2) Where a person in public life has been exonerated following an
                     inquiry into an allegation of corruption, the Integrity Commission




                                             14
                       (a) shall in writing inform the person who made the complaint of
                           the finding of the inquiry;
                       (b) shall in writing inform the person in public life of the finding
                           of the inquiry;
                       (c) publish the finding of the inquiry in the Gazette.

Action by       16. The Director of Public Prosecutions shall inform
Director of
Public
Prosecutions
                       (a) the Integrity Commission of any action taken following the
                           receipt of a complaint from the Integrity Commission against
                           a person in public life;
                       (b) the appropriate Service Commission where a complaint
                           relates to a public officer or a legal officer;
                       (c) the appropriate board, authority or body with which the
                           person in public life is employed.

Where public    17. Where a public allegation is made that a person in public life has
allegation is       committed an act of corruption, a person desiring to make a
made
                    compliant to the Integrity Commission relative to that act of
                    corruption must lodge

                       (a) a complaint with the Integrity Commission not later than
                           three months from the date on which that public allegation
                           was first made;
                       (b) a complaint with the Integrity Commission not later than
                           three months from the commencement date of this Act.

Regulations     18. The Minister for Legal Affairs, after consultation with the Integrity
                    Commission, may make regulations as may be necessary for giving
                    effect to the provisions of this Act.

Commencement    19. This Act shall come into operation on a date to be fixed by
                    Proclamation by the Governor-General.




                                           15
                            MODEL DRAFT FOR OECS
                    INTEGRITY IN PUBLIC LIFE ACT, 2003
                       ARRANGEMENT OF SECTIONS
SECTION

1.    Short title

2.    Interpretation

3.    Establishment of Commission

4.    Disqualification from Membership

5.    Tenure of Office

6.    Appointment of Chairman

7.    Vacancy in membership of Commission

8.    Proceedings and Meetings

9.    Staff of the Commission

10.   Oath

11.   Publication in the Gazette

12.   Function of Commission

13.   Duty to furnish declaration

14.   Contents of Declaration

15.   Commission may require attendance in public life

16.   Issue of summons

17.   Witness may be examined in oath

18.   Duty and privilege of persons

19.   Duty as to Secrecy

20.   Failure to file declaration



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21.   Commission to make report

22.   Report of gifts

23.   Funds of the Commission

24.   Accounts and Audit

25.   Annual Reports and Estimates

26.   Remuneration of Chairman and members

27.   Seal and execution of documents

28.   Offence and penalties

29.   Regulations

30.   Commencement




                                        17
                              MODEL DRAFT FOR OECS
                                 ACT NO.    2003
                                   A BILL FOR


AN ACT to establish an Integrity Commission in order to ensure integrity in public life;
to obtain declarations of the assets, liabilities, income and interest in relation to property
of persons in public life, to give effect to the provisions of the Inter-American
Convention against Corruption and for matters incidental thereto and connected
therewith.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the House of Representatives (Assembly) and by the authority of the same as
follows:

                                        PART I
                                     PRELIMINARY


Short            1. This Act may be cited as the Integrity in Public Life Act 2003.
Title

Interpretation   2. In this Act unless the context otherwise requires;

                 “assets” include all property beneficially held whether in or out of the
                 State and whether acquired or owned directly or indirectly, and any
                 rights and benefits enjoyed on a continuous basis;

                 “benefit” includes any property service or advantage derived directly or
                 indirectly;

                 “chairman” means the chairman of the Integrity Commission;

                 “commencement date” means the date of commencement of the Act as
                 published in the Gazette;

                 “dependent child” includes a step child, a child born out of wedlock or a
                 child adopted under the Adoption Act who is under eighteen years and is
                 living with the person in public life;

                 “Commission” means the Integrity Commission established pursuant to
                 Section 3 of this Act;

                 “document” includes, in addition to a document in writing.




                                             18
       (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 with out the aid of some other equipment of
           being reproduced therefrom;

“income” includes

       (a) money or money’s worth derived from whatever source or
           acquired in or out of the State whether directly or indirectly;
       (b) all receipts by way of salary, fees wages, requisitions, profits,
           grants, emoluments, rents, interests, commissions, bonus,
           pensions, annuity or benefit and all income within the
           meaning of the Income Tax Act;

“interest in relation to property” means

       (a) a legal or equitable interest in the property; or
       (b) a right, power or privilege in connection with the property.

“liability” includes all obligations to pay or to transfer money whether in
or out of the State;

“person in public life” means

       (a) a person holding an office referred to in Schedule 1 of this
           Act;
       (b) a person acting continuously for a period of not less than six
           months in any office set out in Schedule 1 of this Act

“property” includes money and all property, real or personal and things
in action;

“public body” includes

       (a) the Senate and the House of Representatives (House of
           Assembly) Cabinet and Cabinet Committees;
       (b) Ministry or Department of Government;
       (c) a corporation established by an Act of Parliament or a
           subsidiary company of that Corporation;
       (d) a commission, statutory board, public authority or other body



                           19
                              of any description, whether its members are paid or unpaid;

                   “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 continuous period during
                   the period that the declaration is required to be filed, but does not
                   include;

                          (a) a lawful spouse who is living separate and apart from the
                              person in public life;
                          (b) a lawful 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 declaration is required
                              to be filed.

                   “State” means [specified country]



                                             PART II
                                           INTEGRITY
                                    COMMISSION FOR THE STATE

Establishment      3. (1) There shall be established an Integrity Commission for the State
of Commission
                      (2) The Commission shall consist of

                          (a) a chartered or certified accountant of at least seven years
                              standing appointed by the Governor-General acting in his
                              own deliberate judgment;
                          (b) four other persons appointed by the Governor-General after
                              consultation with the Prime Minister and the Leader of the
                              Opposition from the following categories of persons;

                                (i) retired judges of the Court of Appeal and the High
                                     Court: retired senior magistrates: Attorneys of at least
                                     seven years standing,
                                (ii) members of the clergy,
                                (iii)persons who, in the opinion of the Governor-General,
                                     acting in his own deliberate judgment, are of high
                                     integrity and able to exercise competence, diligence,
                                     sound judgment and impartiality in fulfilling their
                                     duties under this Act.

Disqualification   4. A person shall not be qualified to be appointed as a member of the
from                  Commission if that person
Membership



                                             20
                        (a) is a member of the (House of Assembly), Senate or House of
                            Representatives;
                        (b) has, at any time during the three years preceding the
                            appointment, been a public officer;
                        (c) has, at any time during the five years preceding the
                            appointment, held office in a political party; or
                        (d) would otherwise be disqualified in accordance with the
                            Constitution, to be a member of the (House of Assembly),
                            Senate or House of Representatives.

Tenure           5. All members of the Commission shall be appointed by instrument
of                  and shall, subject to the provisions of this part, hold office for a
Office
                    period of three years and shall be eligible for re-appointment.

Appointment of   6. (1) The Governor-General in his own deliberate judgment shall
Chairman            appoint one of the members to be Chairman to the Commission.

                    (2) The Chairman shall preside at all meetings of the Commission at
                        which he is present, and in the case of the absence of the
                        Chairman from any meeting, the members present and forming a
                        quorum shall elect one of their members to preside at that
                        meeting.

Vacancy in       7. (1) The office of a member of the Commission shall become vacant
membership of
Commission
                        (a) at the expiration of the term specified in the member’s
                            instrument of appointment;
                        (b) if he notifies the Governor-General by writing under his hand
                            of his intention to resign his office and the resignation shall
                            take effect when the letter of resignation is received by the
                            Governor-General;
                        (c) on the death or retirement of a member; or
                        (d) on the absence of a member from three consecutive meetings
                            of the Commission, unless that absence is approved by the
                            Governor-General after consultation with the Chairman.

                    (2) A member may be removed from office by the Governor General
                        for inability to discharge the functions of his office, whether
                        arising from infirmity of mind or body or any other cause, or for
                        misbehaviour and shall not be so removed except in accordance
                        with the provisions of this section.

                    (3) A member shall be removed from office by the Governor
                        General if the question of his removal from office has been
                        referred to a Tribunal appointed under subsection (4) and the


                                           21
                     Tribunal has recommended to the Governor General that he
                     ought to be removed for inability to discharge the functions of
                     his office or for misbehaviour.

                 (4) Where the Governor General, acting after consultation with the
                     Prime Minister and the Leader of the Opposition, considers that
                     the question of removing a member ought to be investigated, the
                     Governor General shall appoint a Tribunal which shall consist of
                     one person being

                     (a) a judge of the High Court;
                     (b) a Chief Magistrate;
                     (c) an attorney at law of fifteen years standing at the Bar

              to enquire into the matter and report on the facts thereof to the Governor
              General and recommend to him whether the member ought to be
              removed under this section

              (5) The Tribunal appointed under subsection (4) shall give the member
                  an opportunity to show cause why he should not be removed from
                  office.

              (6) Where the question of removing a member has been referred to a
                  Tribunal under this section, the Governor General, acting after
                  consultation with the Prime Minister and the Leader of the
                  Opposition may suspend the member from the exercise of the
                  functions of his office.

              (7) A suspension may at any time be revoked by the Governor General
                  and shall in any case cease to have effect if the Tribunal
                  recommends to the Governor General that the member should not be
                  removed.

              (8) Pursuant to this section, if any vacancy occurs in the membership of
                  the appointed members, that vacancy shall be filled by the
                  appointment of another person from the categories of persons in
                  section 3 (2).

Proceedings   8. (1) The Commission shall meet at times as may be expedient for the
and              Commission to carry out its functions.
Meetings

                 (2) A quorum of the Commission shall be three.

                 (3) The proceedings of the Commission shall not be affected by any
                     vacancy amongst the members thereof or by any defect in the
                     appointment of any member.



                                         22
Staff of the     9. (1) There shall be a Secretary to the Commission who shall be a
Commission          public officer

                    (2) The duties of the Secretary shall be

                        (a) to attend the meetings of the Commission;
                        (b) to record the proceedings of the Commission and keep the
                            minutes of each meeting in proper form; and
                        (c) generally to perform duties connected with the work of the
                            Commission as the Commission may require.

                    (3) The Commission shall be provided with other staff adequate for
                        the efficient discharge of its functions.

Oath             10. (1) All members and senior staff of the Commission shall not enter
                     upon the duties of their office until they have taken the oath of
                     allegiance, oath of office and oath of secrecy as specified in
                     Schedule 2.

                    (2) Junior staff members shall not enter upon the duties of their
                        office until they have taken the oath of allegiance and oath of
                        secrecy as specified in Schedule 2.

Publication in   11. The appointment, resignation, revocation of appointment or death of
the Gazette          a member shall be published in the Gazette.

                                               PART III
                                              FUNCTIONS

Function of      12. (1) The functions of the Commission shall be
Commission
                        (a) to receive and keep on record all declarations forwarded by
                            persons in public life;
                        (b) to examine declarations and to request from a person in
                            public life any information or further information relevant to
                            a declaration made by him, which may assist the Commission
                            in its examination;
                        (c) to make inquires and carry out investigations as it considers
                            necessary in order to verify or determine the accuracy of a
                            declaration filed under this Act;
                        (d) to receive and investigate any complaint regarding any act of
                            corruption pursuant to the Prevention of Corruption Act;
                        (e) to conduct an investigation into an act of corruption on its
                            own initiative, if it is satisfied that there are reasonable
                            grounds for an investigation.



                                           23
                         (f) examine the practices and procedures of public bodies in
                             order to facilitate the discovery of corrupt practices, except
                             where there is a statutory duty on any person to perform that
                             function;
                         (g) instruct, advise and assist the management of public bodies
                             of any change in practices or procedures which may be
                             necessary to reduce the occurrence of corrupt acts, except
                             where there is a statutory duty on any person to perform that
                             function;
                         (h) perform functions and exercise powers as it is required by
                             this Act to perform.

                     (2) In the exercise of its powers and performance of its functions
                         under this Act the Commission shall

                         (a) not be subject to the direction or control of any person or
                             authority;
                         (b) have the power to summon witnesses, require the production
                             of documents and to do all things as it considers necessary or
                             expedient for the purpose of carrying out all its functions;
                         (c) hold proceedings in private.

                                               PART IV
                                            DECLARATIONS

Duty to furnish   13. (1) Subject to subsection (2) every person, who, on or after the
declaration           commencement of this Act, is a person in public life shall furnish to
                      the Commission in the form set out in Schedule 3 a declaration of

                         (a) his income, assets and liabilities;
                         (b) the assets of the spouse and the dependent children;
                         (c) gifts made to him of value exceeding one thousand dollars.

                     (2) In the case of a judicial officer, the Director of Public
                         Prosecutions and Assistant Director of Public Prosecutions the
                         declaration shall be furnished to the Judicial and Legal Services
                         Commission, to take action as it considers necessary.

                     (3) Notwithstanding subsection (1) regulations may provide for a
                         public officer who occupies a specific post to furnish a
                         declaration pursuant to that subsection.

                     (4) A declaration pursuant to subsection (1) shall be filed by the
                         person in public life within three months after

                         (a) the commencement date of this Act;
                         (b) the date of appointment as a person in public life,


                                             24
                 and thereafter on or before the 31st March in each year during any part
                 of which that person remains a person in public life.

                    (5) A declaration may be accompanied, if the person in public life so
                        wishes, by a statement giving details of his income, assets and
                        liabilities which shall be certified by an accountant.

                    (6) If a person in public life dies there shall be no obligation on the
                        administrators of his estate to file the declaration which the
                        person in public life would have been required to file, had he
                        lived.

                    (7) a member of the Commission shall make a declaration of his
                        income, assets and liabilities in the form in Schedule 3

                        (a) before he assumes office;
                        (b) before the 31st March of each year

                 to the Director of Audit who shall examine the declaration and inform
                 the Governor-General of the receipt and examination of the declaration.

                    (8) For the purposes of this section, “assets” do not include gifts
                        received by a person in public life from his relatives.

Contents of      14. (1) A declaration made pursuant to section 13 shall include all
Declaration          particulars as are known to the declarant of his money, assets and
                     liabilities of himself, his spouse, and his dependant children.

                    (2) Where a person in public life holds money or other property in
                        trust for another person, he shall so state in his declaration but
                        shall not be required to disclose the terms of the trust.

Commission       15. (1) The Commission, upon examination of a declaration furnished
may require          pursuant to Section 13 may require the person in public life to attend
attendances in
public life
                     on the Commission at a specified time to be heard on any matter
                     relating to the declaration.

                    (2) A person in public life who is required to attend the Commission
                        may

                        (a) be accompanied and represented by an Attorney-at-law and a
                            certified accountant; and
                        (b) require the Commission to summon witnesses.




                                            25
                    (3) The Commission shall not make any adverse decision without
                        giving the person in public life an opportunity to be heard.

                    (4) Where upon examination the Commission is satisfied that a
                        declaration has been fully made and all questions satisfactorily
                        answered, it shall forward to the person in public life a
                        Certificate of Compliance in the form in Schedule 4.

Issue of         16. (1) Any summons to attend to give evidence or to produce
summons              documents before the Commission shall be served on the person
                     required to attend or to produce the document and shall be issued
                     under the hand of the Secretary.

                    (2) A summons under this Section shall be in the form in Schedule 5
                        or as may prescribed and shall be served on the person
                        mentioned therein either by delivery to that person      of the
                        summons or delivery in some other manner as may be ordered by
                        the Commission but so to ensure that the summons is brought to
                        the attention of that person.

                    (3) A summons may be served by a person dispatched by the
                        Commission or by a police officer.

Witness may be   17. The Commission may
examined on
oath
                         (a) require that any facts, matter or things relating to the subject
                             of inquiry be verified or other wise ascertained by the oral
                             examination of witnesses ; and
                         (b) cause witnesses to be examined on oath which the Chairman
                             or the Secretary shall be authorized to administer.

Duty and         18. All persons summoned to attend and give evidence or to produce any
privilege of         paper, book, record or document before the Commission shall be
persons
                         (a) bound to obey the summons served upon them;
                         (b) entitled, in respect of that evidence to disclosure of any
                             communication or the production of that paper, book, record
                             or document as before a Court of Law.

Duty as to       19. (1) Every member of the Commission and every person performing
secrecy              any function in the service or as an employee of the Commission
                     shall treat all records or information relating to declarations, as secret
                     and confidential and shall not disclose or communicate the text of
                     any declaration to any unauthorized person or to allow any
                     unauthorized person to have access to any records, information or
                     declarations.


                                             26
                 (2) A person who contravenes subsection (1) commits an offence and
                     liable on summary conviction to a fine not exceeding $20,000.00 or
                     to a term of imprisonment not exceeding three years or to both fine
                     and imprisonment.

Failure to fie   20. (1) Subject to subsection (3) where a person in public life fails to file
declaration          a declaration under Section 13 (1), the Commission shall publish the
                     fact in the Gazette and shall

                         (a) send a report to the appropriate Service Commission, Board
                             or authority;
                         (b) in any other case, send a report to the Director of Public
                             Prosecutions for any further action.

                    (2) For the purposes of this section “failure to file a declaration”
                        includes failure to make a disclosure of any material fact in the
                        declaration.

                    (3) Subsection (1) shall not apply to persons in public life who are
                        referred to in subsection 13 (2) of this Act.

Commission to    21. (1) Where the Commission examines a declaration and any related
make report          information or documents, or conducts an inquiry into any
                     declaration, and is not satisfied with any aspect thereof, the
                     Commission shall report the matter to the appropriate Service
                     Commission, Board, body or other authority and the Director of
                     Public Prosecutions, setting out details and particulars as it thinks fit.

                    (2) The Commission shall report any act of corruption to the
                        appropriate Service Commission board, body, or other authority
                        and to the Director of Public Prosecutions.

                    (3) The appropriate Service Commission, board, or other Authority
                        may take such disciplinary action in relation to a report made
                        pursuant to subsection (1) as it thinks appropriate in any
                        particular case.

                    (4) Pursuant to subsection 3, where any criminal proceeding is being
                        contemplated against a person in public life, no disciplinary
                        procedures shall be instituted pending the determination of
                        criminal proceedings.

                    (5) An inquiry shall not be commenced after two (2) years from the
                        date on which the person ceased to be in public life.




                                             27
                      (6) The Director of Public Prosecutions

                               (i) may take action in relation to a report made pursuant to
                                    subsection (1) as he thinks appropriate in any particular
                                    case,
                               (ii) may authorize any person having an official duty under
                                    this Act to furnish information to any officer of the
                                    court, the police or any other person specified by the
                                    Director of Public Prosecution.

                                                   PART V
                                                    GIFTS

Report of gifts       22. (1) Every person in public life who receives a gift acting in his
                      capacity as a public official exercising a public function worth more
                      than one thousand dollars, shall make a report of that fact to the
                      Commission stating the name and address of the donor and the
                      description and approximate value of the gift, as in the form in
                      Schedule 6.

                      (2) A report made under subsection (1) shall be made to the
                          Commission by the person in public life within 10 days of
                          receipt of the gift.

                      (3) The Commission shall determine, based on the evidence before
                          it, whether the gift is a personal or a State gift and any decision
                          made by the Commission shall be final.

                      (4) Where the Commission determines that the gift was given to the
                          person in public life as a personal gift and

                         (a) was trivial ; or
                         (b) was not trivial, but was not intended to be a motive or a
                             reward for the doing and abstaining from doing any act in the
                             performance of his duties as a public figure.

                  the Commission shall allow the person in public life to retain the gift.

                      (5) Where the Commission determines that the gift was given to the
                          person in public life as a State gift but

                         (a) was not trivial; or
                         (b) was intended to be a motive or reward for the doing or
                             abstaining from doing any act in the performance of his
                             duties as a public official




                                              28
                 the Commission shall, in writing, direct the person in public life to
                 deliver the gift to the Permanent Secretary, Ministry of Finance within a
                 period not exceeding thirty 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) A gift handed over to the Permanent Secretary, Ministry of
                         Finance pursuant to subsection (5) shall be dealt with as a gift to
                         the State.

                     (7) A person in public life is entitled to notice of the proceedings of
                         any inquiry under subsections (4) and (5) and may if he so
                         wishes be represented at the inquiry either in person or by an
                         attorney-at-law.

                     (8) For the purposes of this section, “trivial” means less than one
                         thousand dollars, retail value.

                                                   PART VI
                                                  FINANCIAL

Funds            23. The funds of the Commission shall consist of funds as may from
of the               time to time be placed at its disposal by Parliament and other
Commission
                     moneys as may be lawfully paid to the Commission for the purpose
                     of this Act.

Accounts and     24. The Commission shall keep proper accounts of receipts, payments,
Audit                assets and liabilities and those accounts shall be audited annually by
                     the Director of Audit or an auditor appointed by the Governor-
                     General.

Annual Reports   25. (1) The Commission shall in each year and at such time as the
and Estimates        Minister for Finance shall direct, prepare and forward to the Minister
                     a report of its activities during the previous financial year, including
                     a statement of its accounts audited in accordance with section 24.

                     (2) A copy of the report together with the auditor’s report shall be
                         laid before the (House of Assembly) Representatives.

                     (3) The Commission shall on or before the (…) in each year submit
                         to the Minister for approval, its estimates of expenditure in
                         respect of the next financial year.

                     (4) For the purposes of this part “financial year” means the period



                                             29
                      (…)

Remuneration   26. The Governor-General, after consultation with the Prime Minister
of Chairman        and the Leader of the Opposition, shall determine the level of
and members
                   remuneration to be paid the chairman and members of the
                   Commission.

               27. (1) The seal of the Commission shall be kept in the custody of the
Seal and
execution of
                   Secretary and shall be affixed to instruments in the presence of the
documents          Chairman and shall be authenticated by the signature of the
                   Chairman.

                  (2) All documents other than those required by law to be under seal
                      and all decisions of the Commission may be signed under the
                      hand of the Chairman or the Secretary.

Offences and   28. (1) A person in public life who
penalties
                      (a) uses his position in a public body or knowledge acquired in
                          that position to obtain profit or gain in any business or trade
                          arrangement;
                      (b) without reasonable excuse, fails to file with the Commission,
                          a declaration in accordance with section 13 (1) of this Act;
                      (c) knowingly makes a declaration that is false in some material
                          particular;
                      (d) knowingly gives false information to the Commission;
                      (e) without reasonable cause fails to attend before the
                          Commission in compliance with a summons or fails or
                          refuses to produce any document or information that he is
                          required by the Commission to produce;
                      (f) being a witness, leaves a meeting of the Commission or fails
                          to attend an adjourned hearing before the Commission
                          without the permission of the Commission;
                      (g) being a witness, refuses without sufficient cause to answer
                          any question put to him by or with the permission of the
                          Commission;

               commits an offence and is liable

                      (a) on summary conviction to a fine of $30,000.00 or to
                          imprisonment for a term of three years or to both fine and
                          imprisonment
                      (b) on conviction on indictment to a fine not exceeding
                          $50,000.00 or to in imprisonment for a term of five years or
                          to both fine and imprisonment.




                                          30
                  (2) Where a person is convicted of an offence under this Act, the
                      Court may make an order forfeiting to the State any property
                      involved in the commission of the office that is situated in the
                      State.

                  (3) Where a person is convicted of an offence under this Act, the
                      Court may make an order directing that any property involved in
                      the commission of the offence situate outside of the State be
                      valued in a manner as directed by the Court and the value so
                      ascertained or a sum equivalent to the value so ascertained be
                      paid to the State.

                  (4) A person who willfully obstructs or interrupts the proceedings of
                      the Commission commits an offence and is liable on summary
                      conviction to a fine of ten thousand dollars or to imprisonment
                      for a term of one year or to both fine and imprisonment.

                  (5) A person in public life who without reasonable excuse

                      (a) makes a report to the Commission under Section 22 (1)
                          which is or false in any material particular;
                      (b) fails to comply with Section 22 (2) ;or
                      (c) fails to comply with a direction given by the Commission
                          under 22 (5).

               commits an offence, and is liable on summary conviction, to a fine
               which shall not be less than the value of the gift involved in the
               commission of the offence or to imprisonment for three months.

Regulations    29. The Minister for Legal Affairs, after consultation with the Integrity
                   Commission, may make regulations as may be necessary for giving
                   effect to the provisions of the Act.

Commencement   30. This Act shall come into force on a day appointed by the Governor-
                   General by Proclamation.




                                          31
                                 SCHEDULE 1
                                   Section 2


1.    Members of the Senate and of the House of Representatives (Assembly)
2.    Cabinet Members, Parliamentary Secretaries, Senators
3.    Judges of the Court of Appeal and of the High Court
4.    Legal officers
5.    Heads and Deputy Heads of Overseas Missions
6.    Secretary to the Cabinet
7.    Chief Personnel Officer
8.    Director of Audit
9.    Deputy Director of Audit
10.   Permanent Secretaries
11.   Director General Finance and Planning
12.   Director of Planning
13.   Clerk of Parliament
14.   Accountant General
15.   Budget Director
16.   Hospital Administrator
17.   Senior Assistant Secretaries
18.   Assistant Secretaries
19.   Police Officer not below the rank of Inspector
20.   Comptroller of Custom and other Customs Officers
21.   Comptroller of Inland Revenue and other Revenue Offices
22.   Members of the Public Service Commission
23.   Members of the Police Service Commission
24.   Members of Government appointed Boards and Corporations
25.   Members of the Tenders Board
26.   Staff of Government appointed Boards and Corporations receiving salary not
      less than Assistant Secretaries in the Public Service
27.   Heads and Deputy Heads in Ministries and Departments



                                       32
   28.    Chief Technical Officers in Ministries and Departments
   29.    Education Officers


Passed in the House of Representatives (Assembly) this   day of     2002.


                                           Clerk, House of Representatives (Assembly)




                                          33
                                      SCHEDULE 2
                                        Section 10

              INTEGRITY IN PUBLIC LIFE ACT NO. (_____ OF 2003)

                               OATH OF ALLEGIANCE


I, ______ do swear that I will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, her heirs and successors, according to law.

So help me God!

                                                                     __________________


OATH OF OFFICE

I, ______ swear that I will exercise the functions of _____ of the Integrity Commission
without fear or favour, affection or ill will according to the Constitution and other laws of
Saint Vincent and the Grenadines.

So help me God!


Sworn before me this ______day of ______________2002.


                                                                ______________________
                                                                    Governor-General


                                  OATH OF SECRECY


I, _____, being appointed ______ of the Integrity Commission do swear that I will not
on any account or at any time disclose any opinion, advice, or privileged information of
the Commission and that I will not except with the authority of the Commission and to
such extent as may be required for the good management of the affairs of the
Commission directly or indirectly reveal the business or proceedings of the Commission
or the nature or any content for any document.




                                             34
                                     SCHEDULE 3
                                       Section 13

              INTEGRITY IN PUBLIC LIFE ACT NO. (_____ OF 2003)

              DECLARATION OF ASSETS, LAIBILITES AND INCOME


Declaration of assets and liabilities at______________________________
                                              (Declaration Date)

and of income for the period of twelve months (or other period where appropriate) ending
on that date.

NOTE:

        (a)    Where any property is held by the declaration, declarant’s spouse or the
               declarant’s child or children in trust for any other person, this should be
               indicated by a note to that effect.

        (b)    The declaration date should be the date as at which pursuant to section 13
               the declaration is to be made.

        (c)    Where the space in this Form is inadequate a separate sheet of paper may
               be used and signed by the declarant.

                       Name of Declarant                     Address of Declarant


                  Name of Declarant’s Spouse
                                                        Address of Declarant’s Spouse

                   Maiden Name (of Spouse)


                     PARTICULARS OF DECLARANT’S CHILDREN

                       Name                  Date of Birth               Address



                                                                   Signature of Declarant
                                                                    Date:_____________


                                           35
      PARTICULARS OF ASSETS HELD BY DECLARANT,
               SPOUSE AND CHILDREN

                            BANK ACCOUNTS

1.     TO BE SUPPORTED BY BANK STATEMENT OR LETTER FROM BANK
       CONFIRMING BALANCES.

Name and Address of         In whose Name held              Balance in Account
Banks




2.     CASH IN EXCESS OF ______ DOLLARS HELD OTHER THEN IN BANK
       BY DECLARANT, SPOUSE AND CHILDREN.

       Where held               In whose Name held                      Amount




3.     BONDS, STOCKS, SHARES, AND SIMILAR INVESTMENTS INCLUDING
       ANY SUCH PROPERTY OVER WHICH A RIGHT OF DISPOSITION
       RESIDES IN THE DECLARANT, SPOUSE AND CHILDEN

No. and Description   Organization in         In whose     Face value         Cost of
                        which held           name held                      acquisition
                                                                           where known
                                                                             or market
                                                                               value




                                                __________________________________
                                                         Signature of Declarant

                                                               Date: ______________


                                        36
4.       IMMOVABLE PROPERTY (e.g. HOUSE, LAND AND FARM BUILDINGS)
         HELD BY DECLARANT, SPOUSE AND CHILDREN

                                          Description

     General      Vol.        Fol.          Where         In whose      Purchase     Estimated
                                           situated      name held       price        current
                                                                                      market
                                                                                       value




                                                      ________________________________
                                                                Signature of Declarant

                                                                   Date: _______________



5.       MONIES INVESTED IN MORTGAGE OR BUSINESS VENTURES
         (INCLUDING CROPS ANS LIVESTOCK) BY DECLARANT, SPOUSE AND
         CHILDREN

       Type of     In whose            Amount           Terms        Interest rate   Annual
     Investment      name            invested in                                     Income
                                       project




                                          37
6.       PARTICULARS OF MOTOR VEHICLES OWNED BY, OR ON HIRE FOR
         ANY PERIOD TO, OR ON HIRE FOR ANY PERIOD TO, OR ON LOAN FOR
         A PERIOD IN EXCESS OF TWO MONTHS TO THE DECLARANT, SPOUSE
         OR CHILDREN

     Description        Owner’s       Age of         Terms of Hirage     Purchase Price
                         Name         Vehicle           (if hired)




7.       VALUES HELD IN SAFTY DEPOSIT OXES BY DECLARANT, SPOUSE
         AND CHILDREN

      Where held             Owner’s name              Contents                $ Value




                                                 ________________________________
                                                           Signature of Declarant

                                                              Date: _________________


8.       INSURANCE        POLICIES     HELD     BY     DECLARANT,       SPOUSE       AND
         CHILDREN

Insurance     Type of      Date      Date of     Name       Annual     Face      Surrender
Company       Policy      Insured    maturity      of      Premium     Value      Value
                                                Insured




                                       38
9.        ANY OTHER PROPERTY OWNED BY DECLARANT, SPOUSE AND
          CHILDREN

      Description     Owner’s    By whom being     In what capacity        Estimate
                       Name          held             being held




10.       OTHER PROPERTY OWNED BY DECLARANT, SPOUSE, AND
          CHILDREN BEING HELD BY A PERSON OTHER THAN OWNER,
          WHETHER IN TRUST OR OTHERWISE

      Description     Owner’s      By whom being     In what capacity     Estimated
                       Name            held             being held       Market Value




                                                   _____________________________
                                                        Signature of Declarant

                                                            Date: _______________


11.       PARTICULARS OF INCOME FROM ALL SOURCES OF DECLRANT,
          SPOUSE AND CHILDREN (INCLUDING PERQUISITES SUCH AS HOUSE,
          ENTERTAINMENT ALLOWANCES, RENTAL, etc.)

     Type of Income    Recipient’s Name            Source             Gross Amount for
                                                                        period under
                                                                           review




                                    39
        12.     PARTICULARS OF LIABILITIES (INCLUDING GUARANTEES) OF
                DECLARANT, SPOUSE AND CHILDREN

                CERTIFICATE FROM CREDITORS OR PARTY TO WHICH GUARANTEE
                GIVEN SHOULD BE PROVIDED

         Natrue of Liability        Person Liable          To whom Liable             Amount




                                                                  __________________________
                                                                      Signature of Declarant

                                                                      Date: __________________


13.     PARTICULARS OF ANY PROPERTY ACQUIRED OR DISPOSED OF BY
        DECLARANT, SPOUSE AND CHILDREN DURING PERIOD OF 12 MONTHS OR
        OTHER PERIOD WHERE APPROPRIATE) ENDING ON________

      Description of        Acquisition or Disposal     Cost of Acquisition     Price of Disposal
        Property




I do solemnly and sincerely declare that the particulars given by me herein are, to the best of my
knowledge, true, accurate and complete.



                                                           ________________________________
                                                                 Signature of Declarant



Signed at ______________________



This _____ day of _____ before______


                                                                              Justice of the Peace



                                                40
                                      SCHEDULE 4
                                      Section 15 (4)

            INTEGRITY IN PUBLIC LIFE ACT NO. (_____OF 2003)


                        CERTIFICATE OF COMPLIANCE




The Integrity Commission certifies that it has examined the declaration filed with the
Commission and is satisfied that full disclosure has been made (Name and address) in
accordance with the Act.




Dated this _____ day of _____ 2003.




                                                       Chairman, Integrity Commission




                                           41
                                   SCHEDULE 5
                                   Section 16 (2)


            INTEGRITY IN PUBLIC LIFE ACT NO. (_____OF 2003)

     SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION




       TO E.E., of

_________________________



       Whereof complaint has been made before the Integrity Commission that C.D.
______ (state concisely the substance of the complaint) and it has been made to appear
to the Commission that you are likely to give material evidence on behalf of the
Complainant/person in public life in this behalf:



       This is to require you to be and appear at _____ o’clock on the _____ day of
_____, 20_____ at _____ before the Commission in the said place, to testify what you
know concerning the matter of the said complaint.




Dated this _____ day of _____, 20 _____




                                           Chairman of the Integrity Commission.




                                   SCHEDULE 6



                                          42
                                      Section 22


              INTEGRITY IN PUBLIC LIFE ACT NO. (______OF 2003)

                            REPORT OF GIFT RECEIVED


TO:            THE CHAIRMAN
               INTEGRITY COMMISSION


THRU:          PERMANENT SECRETARY


NAME OF DECLARANT: _________________________________________________

POSITION OF DECLARANT: ______________________________________________

DESCRIPTION OF GIFT: _________________________________________________

PERSON WHO MADE THE GIFT: __________________________________________

DATE OF RECEIPT OF GIFT: _____________________________________________

VALUE OF GIFT: ________________________________________________________



                                                           ______________________
                                                                  Signature

                                                                       Date: __________

Passed   in   the   House   of   Representatives   (Assembly)   this    _____   day   of
2003.



                      Clerk House of Representatives (Assembly)




                                          43

								
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