Online version of this Newsletter:
http://www.oas.org/juridico/newsletter/nl_en.htm
|
||
OAS ANTI-CORRUPTION MECHANISM ADOPTS REPORT FOR THE BAHAMAS
At its Twenty-Fifth Meeting, held March 16 – 20, the
Committee of Experts of the Follow-up Mechanism for the
Implementation of the Inter-American Convention against
Corruption (MESICIC) adopted the country report for The
Bahamas on the implementation of this treaty in the
context of the Fourth Round of Review of the Mechanism.
A significant portion
of the report focused on examination of those oversight
bodies in The Bahamas with the responsibility for the
prevention, detection, punishment and eradication of
acts of corruption. Accordingly, the report examines the
Office of the Attorney General, the Public Disclosure
Commission, the Department of the Auditor General, the
Financial Intelligence Unit and the Compliance
Commission. The progress made by The Bahamas in relation
to the recommendations of the First Round of the MESICIC
was also reviewed.
The examination was carried out taking into account
response by The Bahamas to a questionnaire, information
gathered by the Technical Secretariat, and, as a new and
important source of information, an on-site visit
conducted September 23 - 25, 2014. This visit was
carried out by Costa Rica, as well as a member of the
MESICIC Technical Secretariat. During that visit, the
review team met with representatives of the
aforementioned government institutions as well with
civil society organizations, the private sector,
professional associations and academics.
Some of the recommendations formulated to The Bahamas
for its consideration in connection with the
aforementioned bodies are, among others, the following:
Regarding
the oversight bodies generally, provide the proper
resources needed for the proper performance of their
functions.
With regard to the Office of the Attorney General,
subject to its Constitution and the fundamental
principles of its legal system, consider establishing an
independent prosecutorial service; include in the Manual
for Public Prosecutions an overview on practices and
policies relevant to prosecution of acts of corruption,
including that of transnational bribery; and implement
mechanisms to ensure that there is adequate coordination
between and oversight of police prosecutors by the
Department of Public Prosecutions, in the event that
police prosecutors are assigned to prosecute corruption
offenses.
Regarding the Public Disclosure Commission, consider
establishing provisions that set out that the Public
Disclosure Commission is independent in exercising its
functions under the Public Disclosure Act; establish and
update on a periodic basis a website; implement
electronic means for completing a declaration as well as
for submission by those subject to the Public Disclosure
Act; and consider establishing the requirement for
publication of an annual report by the Public Disclosure
Commission on its activities carried out within a year.
Pertaining to the Department of the Auditor General,
consider complying with the Financial Administration and
Audit Act, 2010 by promulgating the Financial
Regulations; provide the Department greater autonomy in
the preparation and presentation of its budget; comply
with the statutory timeframe for presenting an annual
report by the Department of the Auditor General; and
consider providing the Auditor General the legal basis
to report an irregularity, such as fraudulent activity,
to appropriate authorities, such as the Royal Bahamas
Police Force and the Office of the Attorney General.
With respect to the Financial Investigation Unit,
coordinate with other oversight bodies to provide
training to governmental, private institutions,
financial institutions and the general public in
detecting acts of corruption as related to the work of
the Financial Intelligence Unit; seek out training
opportunities for the staff of the Financial
Intelligence Unit on anti-corruption matters as it
relates to its work, from international partners and
organizations; and take steps to ensure that all
financial institutions put in place appropriate risk
management systems to determine whether a customer is a
politically exposed person.
Some of the recommendations formulated to The Bahamas in
the First Round that are still pending or have been
reformulated address issues such as: establishing or
adapting and then implementing standards of conduct for
those offices that currently do not fall under the
purview of any controls, including adequate sanctions
for violations of those standards; establish reporting
requirements for those public officials and employees
who are currently not required to report to appropriate
authorities acts of corruption in the performance of
public functions; enact a Freedom of Information Act
that that regulates and facilitates the access by the
public to information in the control of public
institutions; and notify the OAS General Secretariat
formally of the designation of the central authority,
pursuant to the prescribed formalities.
The Bahamas also provided information, for inclusion in
the report, the SWIFT Justice Initiative as
a best practice for incorporating detection,
investigative, prosecutorial and punishment elements and
seeking to facilitate collaboration between the
institutions and agencies within the justice system.
During this Twenty-Fifth Meeting, similar reports were
adopted for Antigua and Barbuda, Saint Kitts and Nevis,
the United States and Venezuela. The report of The
Bahamas adopted by the Committee, as well as those of
the aforementioned countries, is available at:
|
Edition N° 228 - March 2015
The Mechanism For Follow-up on the
Implementation of the Inter-American
Convention against Corruption, known as MESICIC for its Spanish acronym, is a tool to
support the development of the Inter-American
Convention against Corruption through
cooperation between States Parties.
|
Click here to subscribe or unsubscribe from this newsletter.
Department of
Legal Cooperation
19th Street and Constitution Avenue NW, Washington DC 20006