Act No. 03/An/13/7 Supplementing The Legislative Provisions On Prevention And Combating Corruption.

Original Language Title: Loi N° 03/AN/13/7ème L complétant les dispositions législatives relatives à la prévention et à la lutte contre la corruption.

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Act No. 03/AN/13/7, supplementing the legislative provisions on prevention and combating corruption.


VU The Constitution of 15 September 1992;
VU Law No.96/AN/05/5th L of 08 February 2005 ratifying the United Nations Convention against Corruption;
VU Law No. 59/AN/94 of 05 January 1995 on the Penal Code;
VU Law No. 60/AN/94 of 5 January 1995 on the Code of Criminal Procedure;
VU Law No. 196/AN/02/4th L of 29 December 2002 on laundering, confiscation and international cooperation in the product of crime;
VU Law No.110/AN/6th L of 25 May 2011 on combating the financing of terrorism;
VU Law No. 111/AN/6th L of 25 May 2011 on combating terrorism and other serious offences;
VU Law n°112/AN/11/6th L of 25 May 2011 comprehending Law n°196/AN/02/4th L relating to laundering, confiscation and international cooperation in the product of crime;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the powers of the Ministries;
VU Circular No.70/PAN of 02/06/13 calling for the third public meeting of the National Assembly;

The Council of Ministers heard in its meeting of 11 December 2012.


Article 1: This Act supplements the legislative provisions on the prevention and control of corruption, including the United Nations Convention against Corruption, the Penal Code and the provisions of Acts No. 110/AN/6thL, No. 111/AN/6thL, No. 112/AN/11/6th L of 25 May 2011.


Section 1: General provisions

Article 2: For the implementation of the national anti-corruption strategy, an independent national commission is established to prevent and combat corruption.

Article 3: The independent national commission for the prevention and fight against corruption is an independent administrative authority enjoying moral personality and financial autonomy, placed with the Presidency of the Republic.

Article 4: The organization and operation of the said commission shall be determined by regulation.

Section 2: responsibilities

Article 5: The commission receives claims from natural or legal persons relating to corruption. It operates information and investigations on denunciations and complaints about the suspicion of corruption before it. If, after an investigation, the court considers that it has a set of elements to justify the commencement of a judicial proceeding, it shall refer to the competent courts.

Article 6: The commission conducts regular investigations and research on the causes and extent of corruption. It reflects and develops the best national and sectoral strategies and policies for its eradication.

Article 7: The Commission shall submit to the President of the Republic an annual report on the evaluation of anti-corruption activities, deficiencies and the implementation of the recommendations.

Article 8: She gave her opinion on any draft text on corruption.

Article 9: The Commission periodically assesses legal instruments and administrative measures to determine their effectiveness in preventing and combating corruption;

Article 10: It provides advice on the prevention of corruption to any public or private person or agency that uses its services.
It educates and raises public power, the private sector and civil society on the dangers of corruption.

Article 11: The Commission ensures the strengthening of cross-sectoral coordination and the development of cooperation with other anti-corruption entities.

Article 12: The Commission seeks technical and financial assistance in the context of international and regional cooperation. It exchanges information with foreign commissions to prevent and combat corruption.

Section 3: composition

Article 13: The National Commission for the Prevention and Control of Corruption comprises nine members appointed by decree of the President of the Republic. Members including the Chair are appointed for a non-renewable period of 4 years.
Members must be known and recognized personalities for their moral integrity and probity.

Article 14: The members are equal to: Public administration,
Private sector and civil society, and elected officials.
The majority of members are directors, lawyers, economists and experienced accountants.
Before coming to office, the members of the commission sworn in on the Qur'an, before the Supreme Court, according to the following formula: "I swear to faithfully and faithfully perform, impartially and fairly, the functions of which I am invested, to respect in all circumstances the obligations they impose on me and to keep the secret of the proceedings to which I have taken part".
Article 15: Members may not be terminated before the expiration of their term of office except in the event of serious misconduct or unworthy behaviour, duly recognized by the majority of members who make a report.
The minutes are transmitted to the President of the Republic, who may in turn initiate an investigation.
If the investigation confirms the facts incriminated, the individual is suspended and the revocation procedure initiated.

Article 16: The members of the commission are required to respect their oath, keeping religiously the subject of complaints and claims and the secrecy of the proceedings.
They may not be prosecuted, sought, arrested or tried for acts, acts, measures taken or opinions issued in the performance of their duties.
Victims, witnesses, denunciators and their loved ones will be protected by the State against any acts of reprisal or intimidation.

Article 17: The commission shall be assisted by a secretariat whose composition and operation shall be defined by order made under this Act.


Section 1: General prevention measures.

Article 18: Officials of public entities, private institutions, corporations and non-governmental organizations are required to establish mechanisms for the prevention of corruption.

Article 19: To prevent corruption, the institutions and organizations mentioned in the previous article must at least:
(a) Promoting transparency and good governance;
b) develop an awareness-raising and education programme with experts from the Ministry of National Education on the prevention and control of corruption;
(c) Develop and adopt a procedural manual that identifies and specifies decision-making at all levels;
(d) Determine the deadline for decision-making and the relevant rules;
(e) respect the tendering procedure in procurement;
(f) establish an internal audit service;
(g) To report such audits to the competent bodies;
(h) Stop the personnel code of conduct;
(i) recruit staff on competitive examinations;
(j) ensuring and ensuring professional ethics;
(k) treat on an equal footing the service applicants and prevent any dilatory and harmful manoeuvres;
L) and take any other measures that may contribute to the achievement of the objectives set out in this Act

Article 20: Every employer is required to put in place education and awareness programs on the harms of corruption against staff under its authority.

Article 21: Subject to legal provisions, the press may participate in the prevention and control of acts of corruption by publishing the facts of corruption of which it is aware.
The commission and other services involved in preventing and combating corruption must develop mechanisms for collaboration with the press.

Section 2: Private sector specific measures

Article 22: Measures to prevent corruption are taken in the private sector in accordance with this Act.
Such measures should include:
- promoting transparency and good governance at the private sector level;
- the development, adoption and promotion of standards and procedures to preserve the integrity of private entities;
- strengthening cooperation between law enforcement agencies and the private sector
- the establishment of internal audits within private companies.

Section 3: Special measures to civil society

Article 23: The participation of civil society in the prevention and fight against corruption is encouraged, inter alia:
- the participation of citizens in the management of public affairs;
- education, education and awareness programmes on this scourge;
- the effective access of the media and the public to information on the effects of corruption subject to the protection of privacy, honour, dignity of persons, national security imperatives, public order and the independence of justice.


Section 1: Obligation to Declaration of Heritage

Article 24: For the sake of transparency of political and administrative life, it is obligated the agents of the State mentioned in Article 26 to declare their heritage.
This statement must be made by the individual within one month of the date of his or her appointment.
In the event of a substantial change in his or her heritage, the registrant shall renew his or her heritage within one month of the change.
The statement is also prepared at the end of the term or at the end of the term. The statement is made to the commission who orders its publication to the official newspaper within two months of its receipt.

Section 2: The content of the Heritage declaration

Article 25: The declaration of assets provided for in the previous article deals with the inventory of movable and immovable property in both the national and foreign territory of which he is the owner and those belonging to his spouse and his minor children.
The model of the statement will be defined by the President of the Republic.

Section 3: Persons subject to the declaration of heritage

Article 26: Are subject to this declaration:
- the President of the Republic;
- members of the National Assembly;
- members of the Government;
- the members of the Constitutional Council mediate the mediator;
- magistrates;
- the Governor of the Central Bank;
- Ambassadors and Consuls General;
- the local elect;
- the superior officers and chief of the corps of the national army, the National Gendarmerie, the Republican Guard, the National Police, and the Coast Guard, the Head of the Civil Protection Corps;
- Secretaries General, Directors and Chiefs of Staff;
- directors of treasure, taxes, customs, land and land conservation;
- Directors and project managers;
- the president of the university;
- Directors and accounting officers of public institutions and national or binational corporations;
- as well as any agent occupying a higher function of the State, including ordering and receiving public expenditure.
The commission may request any other public officer to make the declaration of heritage.

Section 4: The lack of a declaration of heritage

Article 27: The fact, for a person subject to the declaration of heritage not to make a declaration or make a declaration with inaccurate, incomplete or false mentions is punishable by 500,000 FD to 3,000 000 FD of fine.


Section 1: Gels, confiscation of property

Article 28: Illicit income and property derived from one or more offences under this Act may be seized or frozen by a court decision or order of the competent authority. In the event of a conviction for offences under this Act, the court shall, subject to restitution of assets or rights of third parties in good faith, order the confiscation of illicit income and property.
In addition, the court orders the restitution of the detoured property or the value of the interest or gain obtained, even in the event that such property was transmitted to the ascendants, descendants, collaterals, spouses and allies of the convict and remained in their condition or transformed into any other property.

Section 2: Consequences of acts of corruption

Article 29: Any contract, transaction, licence, concession or authorization entered into, on behalf of the Administration, Local Communities, or Public Establishments, obtained, by the commission of one of the offences provided for in this Act and the legislation referred to in article 1 above, may be declared null and void by the court seized, subject to the rights of third parties in good faith.


Article 30: Subject to reciprocity, the broadest mutual legal assistance is granted to States parties to the United Nations Convention against Corruption.


Article 31: Orders made in the Council of Ministers on the proposal of the Minister of Justice will determine the conditions of application of this Act.

Article 32: All previous provisions contrary to this Act are repealed.

Article 33: This Act comes into force as soon as it is published in the Official Journal of the Republic.

Done in Djibouti on 16/07/2013

President of the Republic,
Head of Government