This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 55 - International cooperation for purposes of confiscation
No compliance update present
Article 55. 1 A State Party that has received a request from another State Party having jurisdiction over an offence established under UNCAC for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 31.1 of UNCAC (freezing, seizure and confiscation) situated in its territory shall:
(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or
(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with UNCAC insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 31.1, situated in the territory of the requested State Party.
Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
• As per section 19 of the Mutual Assistance in Criminal Matters Act No. 25 of 2002 Sri Lanka is empowered to act on requests for confiscation by requesting States. These will only be actioned if the requesting State has obtained a foreign forfeiture order issued by their court.
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
Article 55. 2 Following a request made by another State Party having jurisdiction over an offence under UNCAC, the requested State Party must take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 31.1 (freezing, seizure and confiscation) for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.
Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)
• Section 15 and 17 of Mutual Assistance in Criminal Matters Act No. 25 of 2002 address these requirements, namely by specifying the manner in which request by a specified country for search and seizure are processed and the measures to identify, trace and seize proceeds on the basis of a foreign requests.
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
Article 55. 3 The requests made under article 55 must contain:
(a) In the case of a request pertaining to article 55.1 (a), a description of the property to be confiscated, including, the location and the estimated value of the property and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;
(b) In the case of a request pertaining to article 55.1 (b), a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested, a statement specifying the measures taken by the requesting State Party to provide adequate notification to bona fide third parties and to ensure due process and a statement that the confiscation order is final;
(c) In the case of a request pertaining to article 55.2, a statement of the facts relied upon by the requesting State Party and a description of the actions requested and, where available, a legally admissible copy of an order on which the request is based.
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• Sections 5 and 6 of the Mutual Assistance in Criminal Matters Act contains the requirements with which the requests need to comply and grounds for refusal.
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
Article 55. 4 The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to its domestic law and its procedural rules or any bilateral or multilateral agreement or arrangement to which it may be bound in relation to the requesting State Party.
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• Sections 5 and 6 of the Mutual Assistance in Criminal Matters Act of 2002 as amended in 2018 contains the requirements with which the requests need to comply and grounds for refusal. If compliance would be contrary to the Constitution or public policy of Sri Lanka it is a ground for refusal.
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
Article 55. 5 Furnish copies of laws and regulations that give effect article 55 and of any subsequent changes to such laws and regulations or a description to the Secretary-General of the United Nations.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
• These have been given at the Second Review Cycle per the Second Country Review Country Report.
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
Article 55. 8 Before lifting any provisional measure taken under article 55, the requested State Party shall, give the requesting State Party an opportunity to present its reasons in favor of continuing the measure.
Special Presidential Task Force on Recovery of State Assets (START). Ministry of Justice
• It was noted in the Country Review Report under the Second Review Cycle that authorities would consult with requesting countries before refusing mutual legal assistance or lifting provisional measures.
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
Article 55. 9 The provisions of article 55 shall not be construed as prejudicing the rights of bona fide third parties.
Financial Intelligence Unit (FIU), Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
• Under Section 28A of the Bribery Act No. 11 of 1954 and section 13 (2) of the Prevention of Money Laundering Act No. 5 of 2006 in ordering the forfeiture of property in relation to which offence of bribery or money laundering has been committed courts are mandated to consider rights of bona fide third parties.
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 Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf