This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 57- Return and disposal of assets
No compliance update present
Article 57.1 Property confiscated by a State Party pursuant to article 31 or 55 of UNCAC shall be disposed of, including by return to its prior legitimate owners by that State Party in accordance with the provisions of UNCAC and domestic law.
Article 57.2 Adopt legislative and other measures to enable its competent authorities to return confiscated property, when acting on the request made by another State Party, under UNCAC taking into account the rights of bona fide third parties.
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• Under section 22 of the Prevention of Money Laundering Act No. 5 of 2006 the Central Authority, the Ministry of Justice has the discretion in consultation with the Minister of Finance to order that the whole or any part of any property forfeited given or remitted to the requesting State.
• There is no obligation to return and dispose of assets as per UNCAC
• There is no provision for returning property in other cases not related to money laundering cases.
• 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 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
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
Article 57.3 In accordance with articles 46 and 55 of this Convention and article 57.1 and 2, the requested State Party shall:
(a) In the case of embezzlement of public funds or of laundering of embezzled public funds, when confiscation was executed in accordance with article 55 and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• The law does not establish an obligation to return and dispose of assets in accordance UNCAC in cases of embezzlement of public funds or of laundering of embezzled public funds.
• 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
(b) In the case of proceeds of any other offence covered under UNCAC, when the confiscation was executed in accordance with article 55 and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party, when the requesting State Party reasonably establishes its prior ownership of such confiscated property to the requested State Party or when the requested State Party recognizes damage to the requesting State Party as a basis for returning the confiscated property;
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• The law does not establish an obligation to return and dispose of assets in accordance with UNCAC.
• 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 Task force 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
(c) In all other cases, give priority consideration to returning confiscated property to the requesting State Party, returning such property to its prior legitimate owners or compensating the victims of the crime
Special Presidential Task Force on Recovery of State Assets (START), Ministry of Justice
• The law does not establish an obligation to return and dispose of assets in accordance with UNCAC.
• 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 Task force 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