|Act No. 03/AN/13/7, supplementing the legislative provisions on prevention and combating corruption.|
NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU The Constitution of 15 September 1992;
The Council of Ministers heard in its meeting of 11 December 2012.
CHAPTER I: GENERAL PROVISION
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.
CHAPTER II: NATIONAL COMMSSION FOR PREVENTION AND LUTTE CONTRE LE CORRUPTION
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 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.
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.
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.
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 19: To prevent corruption, the institutions and organizations mentioned in the previous article must at least:
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.
Section 2: Private sector specific measures
Article 22: Measures to prevent corruption are taken in the private sector in accordance with this Act.
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:
CHAPTER IV: PATRIMOINE DECLARATION
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.
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.
Section 3: Persons subject to the declaration of heritage
Article 26: Are subject to this declaration:
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.
CHAPTER V: OTHER PROVISIONS
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.
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.
CHAPTER VII: FINAL PROVISIONS
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
ISMAÏL OMAR GUELLEH