CORRUPTION PREVENTION ACT

CORRUPTION (PREVENTION) ACT

Corruption (Prevention) Regulations, 2003

In exercise of the power conferred on the Minister by section 13 of the
Corruption (Prevention) Act and after consultation with the Commission the Following Regulations are hereby made:

1. These Regulations may be cited as the Corruption (Prevention) Regulations, 2002.

2. In these Regulations ‘emoluments means any remuneration paid to a public Servant in connection with his performance of a public function.

3. - (1) Subject to paragraph (2), the statutory declaration required by section 4(1) of the Act shall not be furnished by a public servant who is in receipt of total emoluments of less than two million dollars per annum.

(2) A public servant who is specified in Part I of the Schedule or who occupies A post specified in Part II of the Schedule shall furnish a statutory declaration in accordance with section 4 (1) of the Act.

(3) A statutory declaration pursuant to paragraph (1) or (2) shall be furnished –

(a) In the case of a person who is a public servant on the date of commencement of these Regulations, within three months of that date; or

(b) Within three months after the date of appointment of a public servant to a- (i) the emoluments of which are equivalent to or in excess of the amount specified in paragraph (1);
Or

(U) Specified in Part I or II of the Schedule;

(c) Within three months after the date on which the emoluments of a public servant become equivalent to or in excess of the amount specified in paragraph (1), and thereafter, on the 31st day of December in each year or at such other intervals as the Commission may determine.

(4) A declaration furnished under paragraph (3) is hereinafter referred to as an initial declaration.

(5) The Commission may, in any year subsequent to the year in which an initial declaration is furnished, require public servants specified in paragraph (6) to furnish statutory declarations in accordance with section 4(1) of the Act and paragraph (1) of this regulation.

(6) Paragraph (5) applies to public servants who are members of a Board of a government company, statutory body or authority, the functions of which include –

(a) The procurement of goods for that company, body or authority;

(b) The issue of licences or permits.

(7) Where a post specified in Part II of the Schedule is abolished and is replaced by a new post, the public servant who occupies that new post shall furnish a statutory declaration in accordance with section 4(1) of the Act.

4. A statutory declaration shall not contain any information in relation to any gifts received, during the year to which the declaration relates, of a value not exceeding twenty thousand dollars, by a public servant from the following relatives of the public servant –

(a) Spouse;

(b) Children (including adopted and step children);

(d) Sister (including half and step sister) and brother (including half and step brother);

(e) Aunt and uncle;

(1) Niece or nephew

5. (1) Where the Commission receives information alleging an act of corruption against a public servant, it may carry out such investigations into the matter as it deems necessary.

(2) In carrying out an investigation under paragraph (1), the Commission may —

(a) Consult with such person as it considers proper and desirable;

(b) Require any person to produce to it any document in his possession or under his control, relating to the mailer being investigated;

6. (1) If the Commission is satisfied during an investigation that a hearing ought to be held into the allegation of an act of corruption against the public servant, the Commission shall forthwith notify the public servant –

(a) Of the nature of the allegation and of its intention to hold a hearing;

(b) Of his right to make written representations and the time within which to make such representations.

(2) Where a public servant submits written representations in relation to an investigation, the Commission shall consider such representations in order to determine whether to proceed with a hearing

7. Where the Commission decides to hold a hearing it shall notify the public servant, not less than fourteen days before the date of the hearing, of –

(a) The date, time and place of the hearing;

(b) His right to be represented at the hearing by an attorney-at-law or a registered public accountant & by both.

8. (1) The public servant shall, not less than three days before the date of the hearing –

(a) subject to paragraph (2), notify the Commission of the names of any witnesses that he wishes to be summoned to give evidence at the hearing; and

(b) Furnish to the Commission, copies of any documentary evidence on which he intends to rely.

(2) The Commission may, in the interest of justice, allow the public servant to submit the names of witnesses at any time before or during the hearing.

9. If the public servant who is notified under regulation 7 fails, without reasonable cause, to aft end or to be represented at a hearing, the Commission may proceed with the hearing into the matter.

10. - (1) The Commission they discontinue any investigation if it is .of the opinion that the matter does not justify further action.

(2) Where the Commission discontinues an investigation of which the public servant has knowledge, it shall notify the public servant accordingly and, where applicable, the person who made the allegation against the public servant.

11. -(1) Where the Commission requires any person to furnish any information required by it in relation to an investigation, the person shall, subject to paragraph (2), furnish the information within fourteen days of receipt of the request for that information.

(2) The Commission may, if satisfied that the circumstances so warrant, extend the period specified in paragraph (1).

12. - (1) In the exercise of its function the Commission shall observe reasonable standards of procedural fairness, act in a timely fashion, observe the rules of natural justice and give reasons in writing for each decision.

(2) In holding hearings the Commission shall not be bound by the rules of evidence and may inform itself on any matter in such manner as it considers appropriate.

(3) The Commission shall exercise its functions with as little formality and technicality as is possible, and, in particular –

(a) The Commission shall accept written
Submissions as far as is possible; and

(b) Hearings shall be conducted with as little
Emphasis on an adversarial approach is possible.

13. Where any article is delivered into the custody of
The Commission during the course of an
Investigation or hearing, the Commission shall take
Such steps as are necessary to ensure the safety
Of that article and shall forthwith return it to the
Person who produced it when it is no longer
Needed for the purpose of the investigation or
Hearing.

14. The Corruption (Prevention) Regulations, 2002
Published on May 24, 2002 in the Jamaica Gazette
Supplement, Proclamations, Rules and
Regulations are hereby repealed.

SCHEDULE (Regulation 3(2), (3) (b) (Ii) and (7))

Posts in respect of which statutory declarations are
Required:

PART I

Parish Councillors and Councillors of the
Kingston and St. Andrew Corporation
Office Managers
Property Officers
Property Services Managers
Property Maintenance Officers
Procurement Managers
Procurement Officers
Office Services Managers
All members of the Jamaica Constabulary Force
All members of the Island Special Constabulary Force
All members of the Jamaica Defence Force

PART II

Posts in the following Department, Bodies and
Ministry in respect of which a statutory declaration is
Required

Customs Department

Customs Tariff Manager
Branch Manager
Enforcement Office 3
Enforcement Officer 2
Enforcement Officer
Director Warehouse Operations
Customs Administrator
Customs Officer 4
Customs Officer 3
Customs Officer 2
Customs Officer 1
Revenue Collection Officer
Assessing Officer
Customs & Excise Assistant 4
Customs & Excise Assistant 3
Customs & Excise Assistant 2
Warehouseman
Director Operations
Manager
Assessor
Assistant Commissioner, Customs
Customs/Excise Officer
Export Branch Manager
Invoice Inspector
Customs Inspector
Senior Customs Officer
Director, Queens Warehouse
Entry Examiner
Collector of Customs
Excise Inspector
Excise Officer 2

Immigration, Passport and Citizenship Services
Director 1
Senior Immigration Officer
Immigration Officer

Inland Revenue Department
Assistant Regional Inspector
Collector of Taxes 4
Collector of Taxes 3
Collector of Taxes 2
Collector of Taxes 1
Revenue Field Officer 2
Revenue Field Officer 1
Assistant Collector of Taxes

Island Traffic Authority
Chief Inspector
Inspector
Inspector 2
Administrator 3
Administrator

Kingston and St. Andrew Corporation
Deputy Superintendent
Assistant Superintendent
Works Overseer

Ministry of Transport and Works
Assistant Superintendent
Works Overseer 2
Chief Project Officer
Senior Superintendent
Superintendent
Works Overseer 3
Quantity Surveyor Technician

Parish Councils
Deputy Superintendent
Assistant Superintendent
Works Overseer

Revenue Protection Department
Senior Investigator
Investigator
Intelligence Officer
Tax Auditor 3

Taxpayer Audit and Assessment Department
Perforator Verifier
Perforator Operator
Valuation Surveyor
Stamper
Valuer 2
Valuer I
Assessor
Revenue Agent 2
Revenue Agent 1
Senior Assessor
Assistant Assessor
Senior Special Investigator
Special Investigator
Senior Intelligence Officer
Intelligence Officer
Senior Tax Auditor
Tax Auditor 3
Tax Auditor 2
Tax Auditor
Senior Revenue Agent
Revenue Agent 2

Dated this day of 2002.
Minister of Justice