This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 42 - Jurisdiction
No compliance update present
Article 42.1 Adopt measures to establish its jurisdiction over the offences established under UNCAC when:
(a) The offence is committed in the territory of that country; or
(b) The offence is committed on board a vessel that is flying the flag of that country or an aircraft that is registered under the laws of that country at the time that the offence is committed.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
• As per section 89A of the Bribery Act No. 11 of 1954 if a public servant solicited and accepted the bribe outside Sri Lanka, such person will be deemed to have committed such offence within Sri Lanka.
• As per section 9 of the Judicature Act No 2 of 1978 read with Section 11 of the Code of Criminal Procedure Act No 15 of 1979 Sri Lanka has jurisdiction over offences that occur within its territory, territorial waters and airspace.
Link to Judicature Act http://citizenslanka.org/wp-content/uploads/2016/02/Judicature-Act-No-02-of-1978-E.pdf
Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf
Link to Code of Criminal Procedure Act http://hrlibrary.umn.edu/research/srilanka/statutes/Code_of_Criminal_Procedure_Act.pdf
Article 42.5 If a country is exercising its jurisdiction under article 42. 1 and 2 has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties must consult one another with a view to coordinating their actions.
Financial Intelligence Unit (FIU)
Sections 15 (1)(q) and 17(3) of the Financial Transactions Reporting Act No. 06 of 2006 provides for information sharing via Financial Intelligence Unit channels.
Link to Financial Transactions Reporting Act http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf
Article 42.3 For the purposes of extradition, the country must take measures to establish its jurisdiction over the offences under UNCAC when the alleged offender is resent in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.
Ministry of Foreign Affairs
• Sri Lanka does not prohibit the extradition of Sri Lanka’s own citizens.
Link to the Country Review Report of Sri Lanka for the First Review Cycle 2012-2013 http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf
Article 42.6 UNCAC shall not exclude the exercise of any criminal jurisdiction established by a country in accordance with its domestic law.
No stakeholders
• This is a statement of fact recognizing sovereignty.
Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf
Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf