UN Convention Against Corruption

This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:  

Article 31 - Freezing, seizure and confiscation

Underway

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Updated April 2024

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  • Article 31.1 Take to the greatest extent possible measures to enable confiscation of:

    (a) Proceeds of crime derived from offences under UNCAC or property the value of which corresponds to that of such proceeds

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • Section 26A (additional fines to be imposed – the value of what has been acquired through bribery), 28A (1) forfeiture of property in relation to which an offence has been committed), 39 (assessment of value of gratification where commission of inquiry finds person guilty of bribery by having accepted a gratification) of the Bribery Act No. 11 of 1954 cover confiscation of property involved in offences or property with value equivalent to property involved in offences. These sections only cover confiscation related to bribery offences.

    • Section 3 (1 (a, b), (1 A) and section 13 of the Prevention of Money Laundering Act No 5 of 2006 as amended by Act No 40 of 2011 also provides for confiscation of property or value equivalent to it. These sections cover confiscation under “unlawful activity” which includes the offence of corruption.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

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  • Article 31.4 If such proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

    Article 31.5 If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property must be liable to confiscation up to the assessed value of the intermingled proceeds.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU), Special Presidential Task Force on Recovery of State Assets (START)

  • • Section 13 Prevention of Money Laundering Act No. 5 of 2006 amended by Act No 40 of 2011 prescribes that when the person does not pay the equivalent value of the assets involved in the offence he may be ordered to pay a fine.

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

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  • Article 31.6 Income or other benefits derived from proceeds of crime, from transformed or converted property or intermingled property must also be liable to the measures in this article, in the same manner and to the same extent as proceeds of crime.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU), Special Presidential Task Force on Recovery of State Assets (START)

  • • As per section 28A (1) of the Bribery Act No. 11 of 1954 where a court convicts a person of an offence under bribery, the court may in lieu of imposing a penalty or fine under section 26 or section 26A, make order that any movable or immovable property found to have been acquired by bribery or by the proceeds of bribery be forfeited to the State

    • Section 13 of Prevention of Money Laundering Act No. 5 of 2006 amended by Act No 40 of 2011 prescribes that when the person does not pay the equivalent value of the assets involved in the offence he may be ordered to pay a fine.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

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  • Article 31.7 Empower its courts or other competent authorities to order that bank, financial or commercial records be made available or seized. A country must not decline to act under these provisions on the ground of bank secrecy.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • As per section 5 (1) (d) of Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994, it has the power to direct by notice in writing the manager of any bank to produce, any book, document or cheque of the bank containing entries relating to the account of any person against whom an allegation of bribery or corruption has been made.

    • As per section 16 of the Prevention of Money Laundering Act No. 5 of 2006, provisions covering freezing and forfeiture of assets overrides secrecy obligations imposed upon a person under any law.

    • Section 27 of the Prevention of Money Laundering Act No.5 of 2006 as amended by Act No 40 of 2011 provides for giving assistance to Commonwealth and Non-Commonwealth Countries in relation to extradition and mutual assistance.

    • Section 18 of the Financial Transactions Reporting Act, No. 6 of 2006 gives the Financial Intelligence Unit the authority to examine books and records and inquire into the business and affairs of an Institution for the purpose of ensuring compliance with the Act or any directions, orders, rules or regulations issued under the Act.

    Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

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