UN Convention Against Corruption
This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 54 - Mechanisms for recovery of property through international cooperation in confiscation
No compliance update present
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Article 54.1 In order to provide mutual legal assistance pursuant to article 55 of UNCAC with respect to property acquired through or involved in the commission of an offence under UNCAC, shall:
(a) Take measures to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party;
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Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
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• Section 19 of the Mutual Legal Assistance in Criminal Matters Act No. 25 of 2002 empowers the Ministry of Justice, as the Central Authority to give effect to confiscation orders issued by courts in ‘specified countries.’
• A law on proceeds of crime is being developed.
Link to Country Review Report under the Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf
Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf
Link to the Mutual Assistance in Criminal Matters Act http://www.documents.gov.lk/files/act/2002/10/25-2002_E.pdf
Link to the Mutual Assistance in Criminal Matters (Amendment) Act, No. 24 OF 2018 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
Underway
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(b) Take measures to permit its competent authorities, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of money-laundering or such other offence as may be within its jurisdiction or by other procedures authorized under its domestic law
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Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
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• Section 13(1) of the Prevention of Money Laundering Act No. 5 of 2006, as amended by Act No. 40 of 2011 empowers courts to make an Order confiscating any movable or immovable property of a person derived or realized, directly or indirectly from any unlawful activity (includes proceeds of crimes derived from foreign predicate offences where the property is located in Sri Lanka).
Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_%28English%29.pdf
Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf
Completed
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Article 54. 2 In order to provide mutual legal assistance under UNCAC, shall
(a) Take measures to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article.
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Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
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• As per section 15 of the Mutual Legal Assistance in Criminal Matters Act, the Ministry of Justice, as the Central Authority can give effect to confiscation orders issued by courts in ‘specified countries.
• Section 17 of the Act enables the Central Authority to provide assistance to ‘specified countries’ in tracing proceeds of crime.
• A law on proceeds of crime is being developed.
Link to Country Review Report under the Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.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
Link to the Mutual Assistance in Criminal Matters Act http://www.documents.gov.lk/files/act/2002/10/25-2002_E.pdf
Link to the Mutual Assistance in Criminal Matters (Amendment) Act, No. 24 OF 2018 http://www.documents.gov.lk/files/act/2018/8/24-2018_E.pdf
Underway
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(b) Take measures to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article
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Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
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• As per section 15 of the Mutual Legal Assistance in Criminal Matters Act, the Ministry of Justice, as the Central Authority can give effect to confiscation orders issued by courts in ‘specified countries.
• Section 17 of the Act enables the Central Authority to provide assistance to ‘specified countries’ in tracing proceeds of crime.
• A law on proceeds of crime is being developed.
Link to Country Review Report under the Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf
Link to the Mutual Assistance in Criminal Matters Act http://www.documents.gov.lk/files/act/2002/10/25-2002_E.pdf
Link to the Mutual Assistance in Criminal Matters (Amendment) Act, No. 24 OF 2018 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
Incomplete
Completed 
Underway 
Incomplete