This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 40 - Bank secrecy
No compliance update present
Ensure that in the case of domestic criminal investigations of offences established under UNCAC, there are appropriate mechanisms available within the domestic legal system to overcome obstacles that may arise out of the application of bank secrecy laws.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)
• As per section 5(1) (d) of the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994, CIABOC can obtain from a manager of any bank any book, document or cheque of the bank containing entries relating to the account of any person, against whom an allegation has been made under the Bribery Act No. 11 of 1954 or the Assets and Liabilities Law.
• 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 per any law.
• Section 18 of the Financial Transactions Reporting Act No. 6 of 2006 provides Financial Intelligence Unit the authority to examine 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. Institutions are bound to comply with the provisions of this Act in spite of secrecy provisions in any other law (section 31).
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
Link to Financial Transactions Reporting Act No. 06 of 2006 http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf