This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 51 – General provision
No compliance update present
Article 51. 1 The return of assets is a fundamental principle of UNCAC, and State Parties must afford one another the widest measure of cooperation and assistance.
Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
• Section 17 of the Mutual Assistance to Criminal Matters Act No. 25 of 2002 amended by the Amendment Act No. 24 of 2018, specifies that the Central Authority (Ministry of Justice) has the discretion to require the relevant law enforcement authority to assist to identify, locate a person or assist in assessing the value of the property that is proceeds of crime.
• As per the Amendment, this law applies to every country that is a party to an international or a regional Convention or other agreement which is in the interest of mutual assistance in criminal matters, to which Sri Lanka has become a party, whether before or after the date of commencement of this Act. It also applies to a country which has entered into an agreement with Sri Lanka for mutual assistance in criminal matters. Where a country has not entered into any agreement with Sri Lanka, the Minister can determine to extend and obtain assistance based on reciprocity if it is in the best interest.
• In providing mutual legal assistance, dual criminality is a requirement under section 6 of the Mutual Assistance to Criminal Matters Act No. 25 of 2002 amended by the Amendment Act No. 24 of 2018.
• No single law on asset recovery. A law is being drafted on the recovery of proceeds of crime.
• No completed asset recovery cases to date.
Link to Mutual Assistance to Criminal Matters https://sherloc.unodc.org/res/cld/document/lka/2002/mutual_assistance_in_criminal_matters_1_act_no__25_of_2002_html/Sri_Lanka_Mutual_Assistance_Criminal_Matters_Act_n._25_2002.pdf
Link to Mutual Assistance to Criminal Matters Amendment Act http://www.documents.gov.lk/files/act/2018/8/24-2018_E.pdf
Link to Statement made by Presidential Taskforce on Asset Recovery on 9th November 2017 https://www.ciaboc.gov.lk/media-centre/international-relations/377-statement-made-by-mr-j-c-weliamuna-pc-chairman-presidential-taskforce-on-asset-recovery-on-9th-november-2017