UN Convention Against Corruption

This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:  

Article 5 - Preventive anti-corruption policies and practices

No compliance update present

  • Article 5.1 Develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • Sri Lanka established the National Action Plan for combating Bribery and Corruption 2019-2023. The “National Action Plan” includes four strategies for combating bribery and corruption in Sri Lanka. They are namely,

    I Prevention Measures
    II Value-based Education and Community Engagement
    III Institutional Strengthening of CIABOC and other Law Enforcement Agencies
    IV Law and Policy Reforms.

     

    Link to National Action Plan for Combating Bribery and Corruption :- https://www.ciaboc.gov.lk/media-centre/resources/national-action-plan-2019-2023

  • Article 5.4 Collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article.

  • Financial Intelligence Unit (FIU), Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • The country participates in several regional and international fora as follows:

    o Asian Development Bank (ADB) and the Organization for Economic Co-operation and Development (OECD) Anti – Corruption Initiative for Asia and the Pacific
    o South Asian Association for Regional Cooperation (SAARC).
    o The Commonwealth of Nations
    o The International Criminal Police Organization (INTERPOL)
    o Open Government Partnership
    o Forum of Election Management Bodies of South Asia
    o Asset Recovery Inter Agency Network-Asia Pacific.

    Link to Financial Intelligence Unit http://fiusrilanka.gov.lk/international.html


Article 6 - Preventive anti-corruption body or bodies

No compliance update present

  • Article 6.1 Ensure the existence of bodies that prevent corruption by means such as:

    (a) Implementing relevant policies referred to in UNCAC and overseeing and coordinating their implementation;

    (b) Increasing and disseminating knowledge about prevention of corruption.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • Sri Lanka does not currently have a structured prevention plan.

    • CIABOC is in the process of creating a dedicated prevention unit – this is included into the draft National Action Plan that is being formulated by CIABOC.

    • The following are some steps that has been taken:
    o In 2015, CIABOC adopted an anti-corruption strategy, “Seven Steps to Zero Tolerance”- together with a three-year implementation action plan, this is based on two pillars, i.e., enforcement and prevention.
    o CIABOC organizes ad hoc training and awareness-raising activities.

    Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf

    Link to CIABOC website https://www.ciaboc.gov.lk/

    Link to suggestions and proposals for the National Action Plan to Eradicate Corruption from Sri Lanka – https://www.ciaboc.gov.lk/contact/suggestions

  • Article 6.3 Inform the Secretary-General of UN the name and address of the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Foreign Affairs

    • Have not informed.

Article 8 – Codes of conduct for public officials

No compliance update present

  • Article 8.1 Promote integrity, honesty and responsibility among its public officials.

  • Public Service Commission, Ministry of Public Administration and Management

    • Provisions in the Establishment Code govern the following matters:
      • Conduct and disciplinary issues of public offices (chapters 47 and 48)
      • Conflicts of interest (chapters 29 and 30)
      • Bribery, misconduct, outside activities, secondary employment and gifts (chapter 47)
      • Must comply with the requirements of financial regulations, public administration and treasury circulars (chapter 47)

    No training is provided for public officials on these requirements.

    • Under section 3 of the Declaration of Assets and Liabilities Law No. 1 of 1975 all members of Parliament, judges, all public officers of government departments and local authorities, as well as the Chairman and staff of public corporations are required to declare their assets and liabilities within three months of their appointment to the public office and thereafter annually. A person can be prosecuted for the failure to make such a declaration. It is also a ground for disciplinary control under Chapter 29 of the Establishments Code.

    Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf

    Declaration of Assets and Liabilities Law https://www.ciaboc.gov.lk/images/pdf/acts/Declaration_of_Assets_and_Liabilities.pdf

  • Article 8.3 Take note of the relevant initiatives of regional, interregional and multilateral organizations, such as the International Code of Conduct for Public Officials contained in the annex to General Assembly resolution 51/59 of 12 December 1996.

  • Public Service Commission, Ministry of Public Administration and Management

    • Provisions in the Establishment Code govern the following matters:
      • Conduct and disciplinary issues of public offices (chapters 47 and 48)
      • Conflicts of interest (chapters 29 and 30)
      • Bribery, misconduct, outside activities, secondary employment and gifts (chapter 47)
      • Must comply with the requirements of the financial regulations, public administration and treasury circulars (chapter 47)

    No training is provided for public officials on these requirements.

    Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf

    Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf


Article 9 - Public procurement and management of public finances

No compliance update present

  • Article. 9.1 Take steps to establish systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective in preventing corruption. Such systems must address:

    (a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders.

    (b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;

    (c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures

    (d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established under this paragraph are not followed;

    (e) Measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.

  • National Procurement Commission (NPC)

  • • The NPC formulates procurement procedures and guidelines and monitors their implementation (Chapter XIXB, Constitution).

    • Responsibility of procurement actions is vested with secretaries of respective line ministries.

    • All government procurement must be carried out in line with the 2006 Procurement Guidelines as well as the 2017 Guide to Project Management and Contract Management for Infrastructure Development Projects.

    • Complaints can be lodged with the NPC, the Procurement Appeals Board or the Supreme Court.

    • NPC provides trainings to procurement officials through Sri Lanka Institute of Development Administration and MILODA Academy of Financial Studies.

    • Procurement Guidelines were gazetted on 9th May 2018 and approval from Parliament is pending.

    Link to Procurement Manual  http://www.treasury.gov.lk/documents/57687/174939/ProcurementManual2006_20060817_with_Sup8.pdf/5d0563ed-05b1-4629-9937-db8e160aac29

    Link to 2006 Procurement Guidelines http://www.treasury.gov.lk/documents/57687/174939/ProcurementGuidelines2006_amded12June.pdf/4417f549-2a8d-45d1-b3a6-0560db79a87f

    Link to 2018 gazetted Procurement Guidelines http://www.documents.gov.lk/files/egz/2018/5/2070-15_E.pdf

    Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf

  • Article. 9.2 Take measures to promote transparency and accountability in the management of public finances. Such measures must encompass:

    (a) Procedures for the adoption of the national budget;

    (b) Timely reporting on revenue and expenditure;

    (c) A system of accounting and auditing standards and related oversight;

    (d) Effective and efficient systems of risk management and internal control; and

    (e) Corrective action in the case of failure to comply with these requirements

  • Auditor General’s Department, Ministry of Finance

    • Chapter XVII of the Constitution deals with the management of public finances, including the adoption of the national budget.

     

    • Parliament monitors budgetary expenditure, including allocation of financial resources for public programs and projects.

     

    • Articles 10 – 15 of the Fiscal Management (Responsibility) Act (FMRA) regulates the reporting on revenue and expenditure by public bodies.

     

    • Compliance by public bodies with accounting and auditing standards is measured per the Accounting and Auditing Standards Act No.15 of 1995 by the National Audit Office.

    Link to Fiscal Management (Responsibility) Act https://www.srilankalaw.lk/YearWisePdf/2003/FISCAL_MANAGEMENT_(RESPONSIBILITY)_ACT,_No._3_OF_2003.pdf

    Link to National Audit Act http://www.auditorgeneral.gov.lk/web/images/public_news_agdsl/2018_news/Natinal_Audit_Act/Nationa-Audot-Act_E.pdf

    Link to Accounting and Auditing Standards Act  No.15 of 1995 http://www.slaasc.lk/pdf/01.pdf

    Link to the Constitution http://www.parliament.lk/files/pdf/constitution.pdf

  • Article. 9.3 Take civil and administrative measures to preserve the integrity of accounting books, records, financial statements or other documents related to public expenditure and revenue and to prevent the falsification of such documents.

  • Auditor General’s Department, Attorney General’s Department, Ministry of Finance

  • • Under Offences Against Public Property Act. No. 12 of 1982 section 5 (2) forgery or falsification of public accounts is a criminal offence.

    • Rules relating to management of public finance, preservation of accounting books, financial statements and public records are governed by the Financial Regulations of 1992 and Treasury Circulars by the Ministry of Finance.

    Link to Offences Against Public Property Act https://www.lawnet.gov.lk/1947/12/31/offences-against-public-property-2/

    Link to Financial Regulations of 1992 http://dl.lib.mrt.ac.lk/bitstream/handle/123/97/chapter%204.pdf?sequence=9&isAllowed=y

    Link to Ministry of Finance and Mass Media http://www.treasury.gov.lk/


Article 10 - Public reporting

No compliance update present

  • Taking into account the need to combat corruption, take measures to enhance transparency in its public administration, including with regard to its organization, functioning and decision-making processes.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Public Administration and Management

  • • The Constitution guarantees the right of access to information (art. 14A). The Right to Information Act No. 12 was enacted in 2016 and contains detailed procedures for obtaining information (sections 24–30), grounds for denial of access (sections 5 and 35) and duties of public bodies to maintain records (section 7).

    • Violations of fundamental rights by public officials and institutions can be reported to the Ombudsman under article 156 of the Constitution.

    • The Human Rights Commission is set up under the Constitution and has a mandate to investigate and inquire into fundamental rights violations.

    • Most of the state sector organizations have their own websites.

    • As per the Constitution, the Auditor General is mandated to report to Parliament. As per the National Audit Act section 13, the Auditor General may publish the reports in the National Audit Office Website if he has or intends to provide any report, information, document, book, record or computer-generated transcript obtained in the course of the audit to the law enforcement authorities.

    • Sri Lanka intends to set up e-government system to allow access to public services electronically.

    • CIABOC is in the process of developing citizen charters for local government and public administration.

    Link to Right to Information Act https://www.rti.gov.lk/images/resources/RTI_Act_Sri_Lanka_E.pdf

    Link to Human Rights Commissions Act http://www.hrcsl.lk/PFF/HRC%20Act.pdf

    Link to the National Audit Act http://srilankalaw.lk/gazette/2018_pdf/19-2018_E.pdf

    Link to the Constitution http://www.parliament.lk/files/pdf/constitution.pdf

    Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf


Article 11 - Measures relating to the judiciary and prosecution services

No compliance update present

  • Article 11. 1 Bearing in mind the independence of the judiciary and its crucial role in combating corruption, take measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary.

  • Judicial Service Commission, Ministry of Justice

  • • The Constitution Chapter XV upholds the independence of the judiciary. According to article 111(C) interference with the judiciary is a punishable offence.

    • Judges of the Supreme Court and the Court of Appeal are appointed by the President with the approval of the Constitutional Council. They can only be removed by an order of the President with the support of the majority of the Parliament for reasons of misbehavior or incapacity.

    • Judges of the High Court are appointed by the President on the recommendation of the Judicial Service Commission (JSC) (art. 111 Constitution).

    • The JSC is set up under the 19th Amendment to the Constitution and is responsible over the appointment, transfer, dismissal and disciplinary control of judicial officers in the lower courts and High Courts.

    • Salaries and pensions of the judges from Supreme Court and Appeal Court cannot be reduced during their tenure.

    • Judges do not have absolute immunity except for judicial immunity for judicial actions performed in good faith.

    • There are no codes of conduct for judges.

    • The JSC Rules and JSC circulars, the Establishment Code, the Supreme Court Rules and the Court of Appeal Rules are applicable in this regard.

    • A code of conduct for judges is being developed.

    • Trainings for judges are conducted by Judicial Service Commission through the Judges Institute.

    Link to the Constitution http://www.parliament.lk/files/pdf/constitution.pdf

    Link to Judicial Service Commission  http://www.jsc.gov.lk/

    Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf

    Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf


Article 12 - Private sector

No compliance update present

  • Article 12.4 Disallow tax deductibility of expenses that constitute bribes and other expenses incurred in furtherance of corrupt conduct.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

    • Bribes are not tax deductible and it is prohibited under sections 10–19 of the Inland Revenue Act 2017.

    Link to Inland Revenue Act  http://www.ird.gov.lk/en/publications/SitePages/acts.aspx


Article 13- Participation of society

No compliance update present

  • Article 13.1 Take measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • Freedom of expression is recognized Constitutionally (article 14). And the Right to Information framework is in place.

    • CIABOC has involved civil society in some of their projects. For example, the consultations with Transparency International Sri Lanka (TISL) and Law and Society Trust on proposed amendments to Asset Declarations and Liabilities Act. There are significant amendments that civil society was not consulted. For example, per the Country Review Report under the Second Review Cycle amendments to the Bribery Act No. 11 of 1954 and the CIABOC Act No. 19 of 1994 have been proposed. Civil society was not consulted for this.

    • There were instances when the Country Review Reports of UNCAC noted that civil society was consulted, but their input was not incorporated.

    • CIABOC has had consultations with the public on the development of the National Action Plan in 2018.

    Link to Constitution http://www.parliament.lk/files/pdf/constitution.pdf

    Link to CIABOC website https://www.ciaboc.gov.lk/

    Link to suggestions and proposals for the National Action Plan to Eradicate Corruption from Sri Lanka – https://www.ciaboc.gov.lk/contact/suggestions

    Link to TISL CSO Global Forum on Asset Recovery Report on Sri Lanka http://www.tisrilanka.org/wp-content/uploads/2017/12/Sri-Lanka-Asset-Recovery-CSO-Report-final.pdf

    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 13. 2 Take measures to ensure that the relevant anti-corruption bodies are known to the public and shall provide access to such bodies for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with UNCAC.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), the National Authority for Victim and Witness Protection Authority

  • • Anyone can report corruption incidents to CIABOC by person and through telephone, website, email and general post. The CIABOC Act No. 19 of 1994 provides immunity from civil and criminal liability to such persons (section 9).

    • The Assistance to and Protection of Victims of Crime and Witnesses Act further provides for the protection of reporting persons against any form of harassment.

    Link to Commission to Investigate Allegations of Bribery and Corruption https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

    Link to Assistance to and Protection of Victims of Crime and Witnesses Act http://srilankalaw.lk/YearWisePdf/2015/ASSISTANCE_TO_AND_PROTECTION_OF_VICTIMS_OF_CRIME_AND_WITNESSES_ACT,_No._4_OF_2015.pdf


Article 14- Measures to prevent money-laundering

No compliance update present

  • Article 14. 1.  (a) Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering. This regime must emphasize requirements for customer and beneficial owner identification, record-keeping and the reporting of suspicious transactions

  • Financial Intelligence Unit (FIU)

  • • As per Financial Transactions Reporting Act No. 06 of 2006 customer identification is mandatory (Sec. 2).

    • Financial Intelligence Unit is responsible for receiving Cash Transactions Reports (CTR), Electronic Fund Transfers (EFT) and Suspicious Transaction Reports (STR) from all reporting institutions and for analyzing the data collected to identify financial trails to support prosecution.

    • Financial Intelligence Unit also issues rules to the financial and other reporting sectors on customer identification and record keeping.

    • The Act does not recognize the concept of high value accounts but Regulation No. 1555/9 of 25th June, 2008, specifies that any financial institution under the Act needs to report to the Financial Intelligence Unit every electronic fund transfer made at the request of a customer, where the amount of such transfer exceeds Rupees One Million (Rs. 1,000,000) or its equivalent in any foreign currency.

    • As per Section 5 of the Financial Transactions Reporting Act No. 06 of 2006, institutions are mandated to conduct ongoing due diligence and scrutiny of customers.

    • Sections 59 and 60 of the Financial Institutions (CDD, Customer Due Diligence) Rules No. 01 of 2016 requires enhanced scrutiny of people who are deemed politically exposed persons, their family members and close associates. Rules 30 –31 provides for the identification and verification of the identity of beneficial owners of all accounts maintained in financial institutions under the Act.

    • The rules also provide for money-laundering risk management and internal controls, know-your-customer (KYC), customer due diligence (CDD), enhanced scrutiny for persons and accounts, correspondent banking, wire transfers and record keeping.

    • The Financial Intelligence Unit also created Guidelines on Identification of Beneficial Ownership for Financial Institutions No. 4 of 2018 and explains amongst others what beneficial ownership is, the importance of recognizing the beneficial owner, manner in which it can be hidden, identification and verification of beneficial ownership.

    • The 2015 Mutual Evaluation Report (MER) of APG Group on Money Laundering identified certain issues in relation to non-financial businesses and professions, legal persons and in relation to beneficial owners. Sri Lanka notes that it is implementing the recommendations proposed in the said report.

    Link to Link to Rules issued by the Financial Intelligence Unit http://www.fiusrilanka.gov.lk/rules_directions.html

    Link to Regulation No. 1555/9 of 25th June 2008 http://www.fiusrilanka.gov.lk/docs/Regulations/1555-9/1555_9(E).pdf

    Link to the Guidelines on Identification of Beneficial Ownership for Financial Institutions No. 4 of 2018  http://fiusrilanka.gov.lk/docs/Guidelines/2018/Guideline-04-2018.pdf

    Link to Financial Transactions Reporting Act No. 06 of 2006 http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf

    Link to the 2015 Mutual Evaluation Report (MER) of APG Group on Money Laundering http://www.fatf-gafi.org/media/fatf/documents/reports/mer-fsrb/APG-Mutual-Evaluation-Report-Sri-Lanka-2015.pdf

    Link to Sri Lanka listing in the Financial Action Task Force and measures initiated by Sri Lanka to improve Global AML/CFT Standards  https://www.cbsl.gov.lk/sites/default/files/cbslweb_documents/press/pr/press_20180215_SL_Listing_in_Financial_Action_Task_Force_and_Measures_Initiated_by_SL_e.pdf


Article 15 - Bribery of national public officials

No compliance update present

  • Article 15.1 Adopt legislative and other measures to establish as criminal offences, when committed intentionally:

    (a) The promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

    (b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • Sections 14(a), 16(a), 17(a), 19(a), 20(a), 21 (a) and (b), 22(a) and (b), 88, 89, 90 of Bribery Act No. 11 of 1954 and are relevant and cover this article.

    • Different types of public officials are recognized.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to the Country Review Report of Sri Lanka  under the First Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf


Article 16 - Bribery of foreign public officials and officials of public international organizations

No compliance update present

  • Article 16.1 Adopt legislative and other measures to establish as a criminal offence, when committed intentionally, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

    • This is not yet implemented.

Article 17 - Embezzlement, misappropriation or other diversion of property by a public official

No compliance update present

  • Article 17 – Adopt legislative and other measures to establish as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Justice, Police

  • • Sections 386, 388, 389 and 392 of the Penal Code provides for dishonest misappropriation of property, criminal breach of trust and criminal breach of trust. These sections cover embezzlement, misappropriation or other diversion of both movable and immovable property.

    • Section 5 (1) of the Offences Against Public Property Act penalizes criminal breach of trust.

    • Section 70 of the Bribery Act No. 11 of 1954 covers corruption.

    Link to the Penal Code http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf

    Link to Offences against Public Property Act https://www.lawnet.gov.lk/1947/12/31/offences-against-public-property-2/

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf


Article 23 - Laundering of proceeds of crime

No compliance update present

  • Article 23.1 Adopt legislative and other measures to establish as criminal offences, when committed intentionally:

    1. a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;

    (ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime

  • Financial Intelligence Unit (FIU)

    • Sections 3 (offence of money laundering) and 35 (interpretation of “transaction”) of the Money Laundering Act No. 5 of 2006 is applicable.

    Link to the Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to Financial Transaction Reporting Act http://fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_%28English%29.pdf

  • Article 23.1 (b) Adopt legislative and other measures to establish as criminal offences, when committed intentionally

    (i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;

    (ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

  • Special Presidential Task Force on Recovery of State Assets (START), Financial Intelligence Unit (FIU)

    • Section 3 (2) of Money Laundering Act No. 5 of 2006 and sections 100 (abetment) and 113A (conspiracy) of the Penal Code cover this article.

    Link to the Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

  • Article 23.2 For purposes of implementing or applying paragraph 1 of this article:

    (a) Seek to apply paragraph 1 of this article to the widest range of predicate offences;

    (b) Include as predicate offences at a minimum a comprehensive range of criminal offences under UNCAC. These offences must include offences committed both within and outside Sri Lanka.  Offences committed outside constitute predicate offences only when that conduct is a criminal offence under Sri Lankan law

  • Financial Intelligence Unit (FIU) , Special Presidential Task Force on Recovery of State Assets (START)

  • • Section 35 of the Prevention of Money Laundering Act No 5 of 2006 as amended by the Prevention of Money Laundering (Amendment) Act, No. 40 of 2011 (Section 19 (4)) (“unlawful activity”) covers a broad range of offences that come under the law.

    • Section 35 (p) of the Prevention of Money Laundering Act No 5 of 2006 as amended by the Prevention of Money Laundering (Amendment) Act, No. 40 of 2011 covers offences committed within and outside Sri Lanka.

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

  • Article 23.2 (d) Furnish copies of such laws and subsequent changes or a description to the Secretary-General of the United Nations.

  • Commission to Investigate Allegations of Bribery or Corruption  (CIABOC)

  • • Copies not furnished yet.


Article 25 - Obstruction of justice

No compliance update present

  • Article 25 – Adopt legislative and other measures to establish as criminal offences, when committed intentionally:

    (a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences under UNCAC

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • As per section 73 of the Bribery Act No. 11 of 1954 interfering with any witness or impeding a witness from giving evidence in a court or commission is an offence. This is limited to bribery cases.

    • Section 8 of the Assistance and Protection of Victims of Crime and Witnesses Act No. 4 of 2015, covers the situations under the article.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to Assistance and Protection of Victims of Crime and Witnesses Act  http://srilankalaw.lk/YearWisePdf/2015/ASSISTANCE_TO_AND_PROTECTION_OF_VICTIMS_OF_CRIME_AND_WITNESSES_ACT,_No._4_OF_2015.pdf

  • (b) The use of physical force, threats or intimidation to interfere with the exercise of official duties by a justice or law enforcement official in relation to the commission of offences under UNCAC.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • Sections 74 (Influencing, threatening or injuring member of commission of inquiry or officer) and 75 (Disobeying commission of inquiry) of the Bribery Act No. 11 of 1954 criminalize the above.

    • Sections 183 (Obstructing public servant in discharge of his public functions), 184 (Obstructing public servant in discharge of his public functions),185 (Obstructing public servant in discharge of his public functions),186 (Obstructing public servant in discharge of his public functions) and 187 (Obstructing public servant in discharge of his public functions) of the Penal Code cover all offences under the article.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to Penal Code http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf


Article 26 - Liability of legal persons

No compliance update present

  • Article 26.1 Adopt measures to establish the liability of legal persons (could be criminal, civil or administrative) for participation in the offences under UNCAC.

    Article 26.3 Such liability must not prejudice the criminal liability of natural persons who have committed the offences.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • Under section 8 of the Penal Code, “persons” includes any company or association or body of persons, whether incorporated or not.

    • Under Bribery Act No. 11 of 1954 whether a legal person can be prosecuted is unclear.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to Penal Code http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf


Article 27 - Participation and attempt

No compliance update present


Article 29 -Statute of Limitations

No compliance update present

  • Article 29 – Establish a long statute of limitations period in which to commence proceedings for any offence established under UNCAC and establish a longer statute of limitations period or provide for the suspension of the statute of limitations where the alleged offender has evaded the administration of justice.

  • Attorney General’s Department

  • • Sec. 456 of Criminal Procedure Code No 15 of 1979 provides for the prescription time for offences as 20 years, except for murder or treason or where special circumstance apply.

    Link to Criminal Procedure Code http://hrlibrary.umn.edu/research/srilanka/statutes/Code_of_Criminal_Procedure_Act.pdf


Article 30 - Prosecution, adjudication and sanctions

No compliance update present

  • Article 30.1 Make the commission of an offence under UNCAC liable to sanctions that take into account the gravity of that offence.

    Article 30.8 This must be without prejudice to the exercise of disciplinary powers by the competent authorities against civil servants.

  • Commission to Investigate Allegations of Bribery and Corruption (CIABOC)

  • • All bribery offences under the Bribery Act No. 11 of 1954 has the maximum punishment at 7 years and with a fine not exceeding five thousand rupees or both.

    • For the offence of corruption under section 70 a person can be imprisoned up to 10 years or subjected to a fine not exceeding one hundred thousand rupees.

    • In some instances, additional penalties are prescribed (Bribery Act No. 11 of 1954 sections 26, 26 A, 28A) as forfeiture of property.

    • As per the Establishment Code sections 27 and 28, disciplinary action can still be taken against public servants who have been convicted for corruption. Public Service Commission can take these actions nationally or at provincial level.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to Country Review Report of Sri Lanka under the First Review Cycle 2012-2013 pages 76-79 for list of offences with punishments http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf .

    Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf

  • Article 30. 2 Take measures to establish or maintain an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials for the performance of their functions and the possibility, of effectively investigating, prosecuting and adjudicating offences under UNCAC.

  • Commission to Investigate Allegations of Bribery and Corruption

  • • Constitution of Sri Lanka article 35 (1) of the Constitution provides for total immunity from criminal or civil prosecutions on the President. The 19th Amendment to the Constitution subjects this immunity to the fundamental rights of a person.

    • Section 19 (1) of the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994 provides protection to its officers performing functions in good faith under the Act.

    Link to Constitution http://www.parliament.lk/files/pdf/constitution.pdf

    Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

  • Article 30. 4 Take measures to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings.

  • Commission to Investigate Allegations of Bribery and Corruption (CIABOC)

  • • According to the Bail Act No 30 of 1997 read with section 6(1), 30A (2) & (4) and 73(2) of the Bribery Act No. 11 of 1954 persons suspected of accepting bribes and impeding witnesses from giving evidence can be held in custody until the conclusion of the trial, and may be released on bail in exceptional circumstances. Specific laws deal with bail in respective Acts.

    Link to Bank Act  http://moj.gov.jm/sites/default/files/laws/Bail%20Act_0.pdf

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

  • Article 30. 5 Take into account the gravity of the offences concerned when considering the eventuality of early release or parole of persons convicted of such offences.

  • Prisons Department, Attorney General’s Department

  • • Section 58 of the Sri Lankan Prisons Ordinance No. 16 of 1877 allows for remission of sentences and rewards for good conduct.

    • There are no measures on early release or parole depending on the level of offences.

    Link to Prisons Ordinance http://hrlibrary.umn.edu/research/srilanka/statutes/Prisons_Ordinance.pdf


Article 31 - Freezing, seizure and confiscation

No compliance update present

  • Article 31.1 Take to the greatest extent possible measures to enable confiscation of:

    (a) Proceeds of crime derived from offences under UNCAC or property the value of which corresponds to that of such proceeds

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • Section 26A (additional fines to be imposed – the value of what has been acquired through bribery), 28A (1) forfeiture of property in relation to which an offence has been committed), 39 (assessment of value of gratification where commission of inquiry finds person guilty of bribery by having accepted a gratification) of the Bribery Act No. 11 of 1954 cover confiscation of property involved in offences or property with value equivalent to property involved in offences. These sections only cover confiscation related to bribery offences.

    • Section 3 (1 (a, b), (1 A) and section 13 of the Prevention of Money Laundering Act No 5 of 2006 as amended by Act No 40 of 2011 also provides for confiscation of property or value equivalent to it. These sections cover confiscation under “unlawful activity” which includes the offence of corruption.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

  • Article 31.4 If such proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

    Article 31.5 If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property must be liable to confiscation up to the assessed value of the intermingled proceeds.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU), Special Presidential Task Force on Recovery of State Assets (START)

  • • Section 13 Prevention of Money Laundering Act No. 5 of 2006 amended by Act No 40 of 2011 prescribes that when the person does not pay the equivalent value of the assets involved in the offence he may be ordered to pay a fine.

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

  • Article 31.6 Income or other benefits derived from proceeds of crime, from transformed or converted property or intermingled property must also be liable to the measures in this article, in the same manner and to the same extent as proceeds of crime.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU), Special Presidential Task Force on Recovery of State Assets (START)

  • • As per section 28A (1) of the Bribery Act No. 11 of 1954 where a court convicts a person of an offence under bribery, the court may in lieu of imposing a penalty or fine under section 26 or section 26A, make order that any movable or immovable property found to have been acquired by bribery or by the proceeds of bribery be forfeited to the State

    • Section 13 of Prevention of Money Laundering Act No. 5 of 2006 amended by Act No 40 of 2011 prescribes that when the person does not pay the equivalent value of the assets involved in the offence he may be ordered to pay a fine.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

  • Article 31.7 Empower its courts or other competent authorities to order that bank, financial or commercial records be made available or seized. A country must not decline to act under these provisions on the ground of bank secrecy.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • As per section 5 (1) (d) of Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994, it has the power to direct by notice in writing the manager of any bank to produce, any book, document or cheque of the bank containing entries relating to the account of any person against whom an allegation of bribery or corruption has been made.

    • As per section 16 of the Prevention of Money Laundering Act No. 5 of 2006, provisions covering freezing and forfeiture of assets overrides secrecy obligations imposed upon a person under any law.

    • Section 27 of the Prevention of Money Laundering Act No.5 of 2006 as amended by Act No 40 of 2011 provides for giving assistance to Commonwealth and Non-Commonwealth Countries in relation to extradition and mutual assistance.

    • Section 18 of the Financial Transactions Reporting Act, No. 6 of 2006 gives the Financial Intelligence Unit the authority to examine books and records and inquire into the business and affairs of an Institution for the purpose of ensuring compliance with the Act or any directions, orders, rules or regulations issued under the Act.

    Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf


Article 32 - Protection of witnesses, experts and victims

No compliance update present

  • Article 32.5 Enable the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defense.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Justice, National Authority for the Protection of Victims of Crime and Witnesses

  • • Section 25 (2) of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015 notes that protection that can be prescribed by Courts and Commissions for victims and witnesses must not cause any prejudice to the rights and entitlements of the person suspected or accused of the offence.

    • Section 260 of the Code of Criminal Procedure Act No 15 of 1979 provides that every person accused before any criminal court may of right be defended by an attorney at law, and every aggrieved party shall have the right to be represented in court by an attorney at law.

    Link to Assistance to and Protection of Victims of Crime and Witnesses Act http://srilankalaw.lk/YearWisePdf/2015/ASSISTANCE_TO_AND_PROTECTION_OF_VICTIMS_OF_CRIME_AND_WITNESSES_ACT,_No._4_OF_2015.pdf

    Link to Code of Criminal Procedure Act http://hrlibrary.umn.edu/research/srilanka/statutes/Code_of_Criminal_Procedure_Act.pdf


Article 34 - Consequences of acts of corruption

No compliance update present


Article 35 - Compensation for damage

No compliance update present


Article 36 - Specialized authorities

No compliance update present

  • Ensure the existence of a body specialized in combating corruption through law enforcement. Such body or bodies or persons must have independence to be able to carry out their functions effectively and without any undue influence. They must also have the appropriate training and resources to carry out their tasks.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

  • • The Commission to Investigate Allegations of Bribery or Corruption is the specialized agency responsible for the investigation and prosecution of corruption offences and accumulated wealth (Part II, section 70 and section 23 of the Bribery Act No. 11 of 1954 ), and offences under the Declaration of Assets and Liabilities Law.

    • The Commission is recognized under the Constitution and the members’ appointment, discharge and powers are dealt with under the CIABOC Act No. 19 of 1994. Section 19 of the Act provides for immunity from civil and criminal actions done in good faith by the Commissioners and the Director General.

    • For the formulation of the National Action Plan Against Corruption one of the areas that CIABOC is seeking public comments is on Strengthening of Commission to Investigate Allegations of Bribery or Corruption, enhancing institutional structure and human resource.

    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

    Link to the Constitution http://www.parliament.lk/files/pdf/constitution.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

    Link to the National Action Plan Against Corruption https://www.ciaboc.gov.lk/contact/suggestions


Article 37 - Cooperation with law enforcement authorities

No compliance update present

  • Article 37.1 Take measures to encourage persons who participate or who have participated in the commission of an offence established under UNCAC to supply information useful to competent authorities for investigative and evidentiary purposes and to provide help such authorities that may contribute to depriving offenders of the proceeds of crime and to recovering such proceeds.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Justice

  • • As per section 81(1) of the Bribery Act No. 11 of 1954 Attorney General can grant pardon to those who provide information on relevant cases.

    • Similar pardon to other offences is not clear.

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf


Article 38 - Cooperation between national authorities

No compliance update present

  • Take measures to encourage cooperation between, on the one hand, its public authorities, as well as its public officials, and, on the other hand, its authorities responsible for investigating and prosecuting criminal offences.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Justice, Public Service Commission

  • • As per section 4 of the CIABOC Act No 19 of 1994, CIABOC can receive a communication outlying an allegation of an offence under the Bribery Act No. 11 of 1954 or the Declaration of Assets and Liabilities Law by any person.

    • Section 5 (e) and (f) (specifically) and Section 5(a), (b) and (c) (generally) of the Commission to Investigate Allegations of Bribery and Corruption Act No 19 of 1994 detail the investigative powers of CIABOC that allows them to request information.

    • Chapter XLVIII Clause 27 of the Establishments Code notes that if the Public Service Disciplinary Department observes prima facie evidence of bribery or corruption they must report this to CIABOC.

    • The Country Review Report under First Review Cycle refers to a circular that the Police Department follows that mandates them to report any evidence of corruption received whilst investigating criminal cases to CIABOC.

    • Whilst upon request the authorities shall provide relevant information, it is not clear whether other public agencies can take the initiative to provide evidence of corruption to the Commission

    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

    Declaration of Assets and Liabilities Law https://www.ciaboc.gov.lk/images/pdf/acts/Declaration_of_Assets_and_Liabilities.pdf

    Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf

    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 39 - Cooperation between national authorities and the private sector

No compliance update present

  • Article 39.1 Take measures to encourage cooperation between national investigating and prosecuting authorities and entities of the private sector, in particular financial institutions, relating to matters involving the commission of offences established under UNCAC.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • As per section 4 of the CIABOC Act No 19 of 1994, CIABOC can receive a communication outlying an allegation of an offence under the Bribery Act No. 11 of 1954 or the Declaration of Assets and Liabilities Law by any person.

    • CIABOC can obtain from a manager of any bank any book, document or cheque of the bank containing entries relating to the account of any person, against whom an allegation has been made under the Bribery Act No. 11 of 1954 or the Declaration of Assets and Liabilities Law , as per section 5 (1) (d) of the Act.

    • As per section 5 of the Prevention of Money Laundering Act, No. 5 of 2006 as amended by the Act No. 40 of 2011 financial institutions and other persons are required to report to the Financial Intelligence Unit (FIU) on suspicious financial transaction.

    Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf


Article 40 - Bank secrecy

No compliance update present

  • Ensure that in the case of domestic criminal investigations of offences established under UNCAC, there are appropriate mechanisms available within the domestic legal system to overcome obstacles that may arise out of the application of bank secrecy laws.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Intelligence Unit (FIU)

  • • As per section 5(1) (d) of the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994, CIABOC can obtain from a manager of any bank any book, document or cheque of the bank containing entries relating to the account of any person, against whom an allegation has been made under the Bribery Act No. 11 of 1954 or the Assets and Liabilities Law.

    • As per section 16 of the Prevention of Money Laundering Act No 5 of 2006, provisions covering freezing and forfeiture of assets overrides secrecy obligations imposed upon a person per any law.

    • Section 18 of the Financial Transactions Reporting Act No. 6 of 2006 provides Financial Intelligence Unit the authority to examine records and inquire into the business and affairs of an Institution for the purpose of ensuring compliance with the Act or any directions, orders, rules or regulations issued under the Act. Institutions are bound to comply with the provisions of this Act in spite of secrecy provisions in any other law (section 31).

    Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf

    Link to the Prevention of Money Laundering Act http://fiusrilanka.gov.lk/docs/ACTs/PMLA/Money_Laundering_Act_2006-5_(English).pdf

     

    Link to the Prevention of Money Laundering (Amendment) Act http://fiusrilanka.gov.lk/docs/ACTs/MLAmendment/Act40E.pdf

    Link to Financial Transactions Reporting Act No. 06 of 2006 http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf


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 44 - Extradition

No compliance update present

  • Article 44.1 Apply this article to the offences established under UNCAC where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

  • Ministry of Defense

  • • As per section 6 (1) and 7 (4) (c) of the Extradition Law No. 8 of 1977 as amended by Act No 48 of 1999 dual criminality is a requirement. Therefore, extradition can be granted if the offence is recognized under the law of the requesting country and if such offence is recognized under the extradition treaty as an offence.

    • According to Sri Lanka’s treaties (e.g. US and Hong Kong), extraditable offences are those punishable according to the laws of both countries by imprisonment for more than one year or a more severe penalty. Where extradition is to happen to a Commonwealth without a treaty in place, the offence must be an offence described in a list in the Extradition Law and be punishable by at least one year (e.g. bribery, theft, criminal breach of trust, dishonest misappropriation of property, any offence in respect of property involving fraud, and money laundering).

    • There are no legal provisions to cover unlisted offences that amount to crimes in both requesting and requested countries or are subject to certain term of imprisonment.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44. 4 Undertake to include offences that this article applies to as extraditable offences in every extradition treaty to be concluded between countries. In case the country uses UNCAC as the basis for extradition, it must not consider any of the offences established under UNCAC to be a political offence.

  • Ministry of Defense

  • • As per section 7(4)(c) of the Extradition Law No. 8 of 1977 as amended by Act No. 48 of 1999, it is noted that political offence restrictions would not be applicable to offences under international crime control conventions to which both countries are parties to.

    • Often extraditable offences under Sri Lanka’s treaties are those punishable according to the laws of both States by imprisonment for more than one year.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.6 If extradition is made conditional on the existence of a treaty, the State Party must:

    (a) At the time of deposit of its instrument of ratification, acceptance or approval of or accession to, inform the Secretary-General of the United Nations whether it will take UNCAC as the legal basis for cooperation on extradition with other States Parties to UNCAC; and

    (b) If it does not take UNCAC as the legal basis for cooperation on extradition, seek to conclude treaties on extradition in order to implement this article.

  • Ministry of Defense

  • • Extradition is conditional on the existence of a treaty except in relation to Commonwealth countries.

    • Sri Lanka does not consider the Convention as a legal basis for extradition.

    • Sri Lanka has not made the requisite notification to the United Nations.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

    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 44.7 State Parties that do not make extradition conditional on the existence of a treaty, must recognize offences to which this article applies as extraditable offences.

  • Ministry of Defense

  • • Extradition is conditional on the existence of a treaty, except for Commonwealth Countries.

    • In such Commonwealth countries the offence must also be described in a list in the Extradition Law and be punishable by at least one year (e.g. bribery, theft, criminal breach of trust, dishonest misappropriation of property).

    • As per section 5 of the Extradition (Amendment) Act No. 48 of 1999 the list also includes offences within the scope of an international convention relating to the suppression of international crime to which both parties are parties, thereby obliging them to grant extradition for such offences.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.11 If a State Party finds an offender in its territory and does not extradite such person solely on the ground that the person is one of its nationals, must at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution.

    Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

  • Ministry of Defense

  • • Extradition Law does not recognize nationality as a ground for refusing extradition.

    • As per section 9 (f) of the Judicature Act No. 2 of 1978 the High Court will have jurisdiction to hear, try and determine any offence wherever committed by any person, who is a citizen of Sri Lanka, in any place outside the territory of Sri Lanka or on board or in relation to any ship or aircraft.

    • Under the treaty with Hong Kong, extradition can be refused based on nationality. The obligation to promptly submit the case for prosecution where extradition of a national is refused is not addressed.

    Link to the Judicature Act http://citizenslanka.org/wp-content/uploads/2016/02/Judicature-Act-No-02-of-1978-E.pdf

  • Article 44.12 Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed  and that State Party and the State Party seeking the extradition of the person agree with this option, such conditional extradition or surrender shall be sufficient to discharge the obligation under paragraph 11 of this article.

  • Ministry of Defense

  • • Section 7 of the Extradition Law No. 8 of 1977 contains the general restrictions applicable in this regard.

    • Conditional surrender of national is not a requirement to extradite.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.14 Any person regarding whom proceedings are being carried out in connection with any of the offences to which extradition obligations applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the  territory where that person is present.

  • Ministry of Defense

  • • Sections 11, 12, and 18 of the Extradition Law No. 8 of 1977 provides for judicial guarantees of fair treatment at all stages of proceedings.

    • Constitutional guarantees are provided under Article 13 (Freedom from arbitrary arrest, detention and punishment, and prohibition of retroactive penal legislation) and can be enforced through Supreme Court.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.15 Nothing in UNCAC shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.

  • Ministry of Defense

  • • As per section 7 (1) ( c ) of the Extradition Law No. 8 of 1977 a person shall not be extradited if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, or political opinions.
    • Article 12(1) of the Constitution guarantees equality.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.17  Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation

  • Ministry of Defense

  • • There is no statutory provision that imposes an obligation to consult, giving opportunity to present its opinion or provide relevant information before refusing extradition.

    • Under the treaty with Hong Kong provision is made to call additional information (Sri Lanka-Hong Kong, China Extradition Treaty article 11 cited in the Country Review Report under the First Review Cycle).

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/


Article 46 - Mutual legal assistance

No compliance update present

  • Article 46.1. Afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered under UNCAC.

  • Ministry of Foreign Affairs, Ministry of Justice

  • • A Convention or agreement is usually required to provide mutual legal assistance. However where there is no such agreement, the Minister of Justice is enabled to decide to provide such assistance in the best interest of nations on the basis of reciprocity.

    • Sri Lanka has bilateral Mutual Legal Assistance Treaties with Hong Kong (China), Pakistan, Thailand and India.

    • As per Section 6(1) of the Mutual Assistance in Criminal Matters Act No. 25 of 2004, dual criminality can be waived if the offence is of a serious nature.

    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 Country Review Report under First Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.2 Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 26 (liability of legal persons) under UNCAC in the requesting State Party.

  • Ministry of Foreign Affairs, Ministry of Justice

  • • Under section 8 of the Penal Code, “persons” includes any company or association or body of persons, whether incorporated or not.

    • Under Bribery Act No. 11 of 1954 whether a legal person can be prosecuted is unclear.

    • No information on the range of penalties imposed on legal persons.

    • In the Country Review Report under the First Cycle, it was noted that no distinctions would be made between natural and legal persons (this is not yet tested).

    Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf

    Link to Penal Code http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf

    Link to Country Review Report under the First Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.5.The transmission of information pursuant to paragraph 4 (transmitting information in relation to criminal matters without prior request to assist the other State) of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information.

    The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use.

    This shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person.

    In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party.

    If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.

  • Financial Intelligence Unit (FIU)

  • • As per section 15(1) (q) of the Financial Transactions Reporting Act No. 6 of 2006 notes that information sharing is possible in relation to an “unlawful activity”, which encompasses bribery and corruption offences with an institution or agency of a foreign state or of an international organization established by the governments of foreign states that has powers and duties similar to those of the Financial Intelligence Unit.

    • Section 17(3) of the Financial Transactions Reporting Act No. 6 of 2006 restrictions in dealing with information obtained under section 15 (1).

    • No legal basis exists for other administrative authorities than the FIU to spontaneously share information.

    • As per Country Review Report under the First Review Cycle, there are informal information sharing mechanisms on the basis of reciprocity (with INTERPOL and other investigative agencies).

    • As per Country Review Report under the First Review Cycle, steps are being taken to implement this.

    Link to Financial Transactions Reporting  Act http://fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_%28English%29.pdf

    Link to Country Review Report under First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.9 (a) A requested State Party, in responding to a request for assistance under this article in the absence of dual criminality, shall take into account the purposes of UNCAC;

    (b) Even though it is possible to decline rendering assistance based on the absence of dual criminality, a requested State Party shall render assistance that does not involve coercive action.

  • Ministry of Foreign Affairs, Ministry of Justice

  • • As per sections 6(1) and 6(2) of the Mutual Assistance in Criminal Matters Act No. 25 of 2002 as amended by Act No. 24 of 2018 gives discretion to the Central Authority or the competent authority having consulted the Central Authority to afford mutual legal assistance in instances where the element of dual criminality is absent.

    • For certain mutual legal assistance like tracing criminal proceeds under sections 17 and 18 the offence must also be punishable by death or one year’s imprisonment, as per the definition of “serious offence” under Section 24 of the Mutual Assistance in Criminal Matters Act No. 25 of 2002 as amended by Act No. 24 of 2018.

    • No information was available as to whether Sri Lanka would render non-coercive assistance where the offence is not of a serious nature.

    Link to Mutual Assistance to Criminal Matters Act http://www.documents.gov.lk/files/act/2002/10/25-2002_E.pdf

    Link to Mutual Assistance to Criminal Matters Amendment Act http://www.documents.gov.lk/files/act/2018/8/24-2018_E.pdf

  • Article 46.11 For the purposes of paragraph 10 of this article (transferring a person to the other country for testimony etc.):

    (a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody

    (b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;

    (c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;

    (d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.

  • Ministry of Foreign Affairs, Ministry of Justice

  • • Section 12 (1) (b) of the Mutual Assistance in Criminal Matters Act No. 25 of 2002 notes that the requesting country is required to take certain undertakings including cost of travel. Section 12 (2) and (3) of the Act discusses the custody related matters.

    • Certain provisions relating to such matters are detailed in the Mutual Legal Treaties between Sri Lanka and other countries.

    Link to Mutual Assistance in Criminal Matters https://www.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 Country Review Report under First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.13 Designate a central authority that has the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.

    Central authorities must ensure the speedy and proper execution or transmission of the requests received.

    Where the central authority transmits the request to a competent authority for execution, it must encourage the speedy and proper execution of the request by the competent authority.

    Notify the Secretary-General of the United Nations of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to UNCAC.

    Requests for mutual legal assistance must be transmitted to the designated central authorities. This must not prejudice the right of a State Party to require that such requests be addressed through diplomatic channels and, in urgent circumstances, with agreement, through the International Criminal Police Organization.

  • Ministry of Justice

  • • Section 4 of the Mutual Assistance in Criminal Matters Act No. 25 of 2002, establishes the Central Authority under the Act (The Secretary to the Ministry of the Minister in charge of the subject of Justice).

    • Sri Lanka does not require that requests to the Central Authority be made through diplomatic channels and would, in urgent circumstances, accept a request made through INTERPOL.

    • Sri Lanka has not made the requisite notification of its central authority to the United Nations.

    Link to Mutual Assistance in Criminal Matters https://www.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

  • Article 46.14 Requests must be made in writing or any means capable of producing a written record, in a language acceptable to the requested State.

    The acceptable languages must be notified to the Secretary-General of the United Nations at the time it deposits its instrument of ratification, acceptance or approval of or accession to UNCAC.

    In urgent circumstances and where agreed, requests may be made orally but shall be confirmed in writing.

  • Ministry of Justice

  • • Requests must be made in English. Sri Lanka accepts a request made orally in urgent circumstances and where agreed if it was confirmed in writing without a delay.

    • This has not yet been communicated to the Secretary-General of the United Nations.

    Link to Country Review Report under First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.15 Mandatory contents for a mutual legal assistance request:

    (a) The identity of the authority making the request

    (b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding

    (c) A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents

    (d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed

    (e) Where possible, the identity, location and nationality of any person concerned; and

    (f) The purpose for which the evidence, information or action is sought.

  • Ministry of Justice

  • • Schedules to the Mutual Assistance in Criminal Matters Act No. 25 of 2002 as amended contains these requirements.

    • Adequate guidance on these to requesting countries is required.

    Link to Mutual Assistance in Criminal Matters https://www.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

  • Article 46.19 The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent.

    This will not prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person.

    In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party.

    If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.

  • Ministry of Justice

  • • Mutual Legal Assistance Treaties (e.g. Hong Kong, China, Pakistan and Thailand) with other countries provide for limitations on use but these are limited to the contracting countries.

    Link to the Country Review Report under the First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 46.27 A witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party.

    Such safe conduct shall cease when such person having had, for a period of fifteen consecutive days or for any agreed period agreed from the date on which he or she has been officially informed that his or her presence is no longer, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own free will.

  • Ministry of Justice

  • • Section 14 of the Mutual Assistance in Criminal Matters Act No. 25 of 2002 deals with immunity from prosecution of persons brought to Sri Lanka.

    • Certain Mutual Legal Assistance Treaties (e.g. Hong Kong, China) covers safe conduct in their treaties.

    Link to Mutual Assistance in Criminal Matters https://www.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 the Country Review Report under the First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf


Article 48 - Law enforcement cooperation

No compliance update present

  • Article 48. 1 Cooperate closely with one another, to enhance the effectiveness of law enforcement action to combat the offences covered under UNCAC.

    Take effective measures:

    (a) To enhance and to establish channels of communication between their competent authorities, agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of the offences covered under UNCAC, including links with other criminal activities;

    1. b) To cooperate with other States Parties in conducting inquiries with respect to offences covered under UNCAC:

    (i) The identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons;

    (ii) The movement of proceeds of crime or property derived from the commission of such offences;

    (iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences;

    (c) To provide necessary items or quantities of substances for analytical or investigative purposes;

    (d) To exchange information with other States Parties concerning specific means and methods used to commit offences covered under UNCAC, including the use of false identities, forged, altered or false documents and other means of concealing activities;

    (e) To facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including the posting of liaison officers;

    (f) To exchange information and coordinate administrative and other measures taken as appropriate for the purpose of early identification of the offences under UNCAC.

  • Financial Intelligence Unit (FIU), Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Police

  • • FIU is authorized to enter into agreements on mutual legal assistance that provide for the exchange of information.

    • FIU is a member of the EGMONT Group of Financial Intelligence Units Police cooperates through INTERPOL.

    Link to Financial Intelligence Unit http://fiusrilanka.gov.lk/international.html

    Link to Egmont Group https://egmontgroup.org/en/membership/list

    Link to the Country Review Report under the First Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf


Article 50 - Special investigative techniques

No compliance update present

  • Article 50.1 In order to combat corruption effectively, take such measures as may be necessary to allow for the appropriate use by its competent authorities of controlled delivery and other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, within its territory, and to allow for the admissibility in court of evidence derived therefrom.

    Article 50.3 In the absence of an agreement or arrangement as set forth in paragraph 2 of this article (bilateral or multilateral agreements or arrangements for using special investigative techniques), decisions to use such techniques at the international level shall be made on a case-by-case basis.

  • Financial Intelligence Unit (FIU), Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Police

  • • There are no specific legal provisions on special investigative techniques

    Link to the Country Review Report under the First Cycle  http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf


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


Article 52 - Prevention and detection of transfers of proceeds of crime

No compliance update present

  • Article 52.1 Take measures:

    • to require financial institutions to verify the identity of customers
    • to take reasonable steps to determine the identity of beneficial owners of funds deposited into high-value accounts and
    • to conduct enhanced scrutiny of accounts of or maintained on behalf of individuals who are entrusted with prominent public functions and their family members and close associates.

    This enhanced scrutiny must be reasonably designed to detect suspicious transactions and should not discourage or prohibit financial institutions from doing business with any legitimate customer.

  • Financial Intelligence Unit (FIU)

  • • As per Financial Transactions Reporting Act No. 06 of 2006 customer identification is mandatory (Sec. 2).

    • Financial Intelligence Unit is responsible for receiving Cash Transactions Reports (CTR), Electronic Fund Transfers (EFT) and Suspicious Transaction Reports (STR) from all reporting institutions and for analyzing data collected to identify financial trails to support prosecution.

    • FIU also issues rules to the financial and other reporting sectors on customer identification and record keeping.

    • The Act does not recognize the concept of high value accounts but Regulation No. 1555/9 of 25th June, 2008, specifies that any financial institution under the Act needs to report to FIU every electronic fund transfer made at the request of a customer, where the amount of such transfer exceeds Rupees One Million (Rs. 1,000,000) or its equivalent in any foreign currency.

    • As per section 5 of the Financial Transactions Reporting Act No. 06 of 2006, institutions are mandated to conduct ongoing due diligence and scrutiny of customers.

    • Sections 59 and 60 of the Financial Institutions (CDD, Customer Due Diligence) Rules No. 01 of 2016 requires enhanced scrutiny of people who are deemed politically exposed persons, their family members and close associates. Rules 30 –31 provides for the identification and verification of the identity of beneficial owners of all accounts maintained in financial institutions under the Act.

    • The rules also provide for money-laundering risk management and internal controls, know-your-customer (KYC), customer due diligence (CDD), enhanced scrutiny for persons and accounts, correspondent banking, wire transfers and record keeping.

    • FIU also created Guidelines on Identification of Beneficial Ownership for Financial Institutions No. 4 of 2018 that explains amongst others what beneficial ownership is, the importance of recognizing the beneficial owner, manner in which such ownership can be hidden, and identification and verification of beneficial ownership.

    Link to Link to Rules issued by the Financial Intelligence Unit http://www.fiusrilanka.gov.lk/rules_directions.html

    Link to Regulation No. 1555/9 http://www.fiusrilanka.gov.lk/docs/Regulations/1555-9/1555_9(E).pdf

    Link to the Guidelines on Identification of Beneficial Ownership for Financial Institutions No. 4 of 2018  http://fiusrilanka.gov.lk/docs/Guidelines/2018/Guideline-04-2018.pdf

    Link to Financial Transactions Reporting Act  http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf

  • Article 52.2 In order to facilitate implementation of the measures provided for in paragraph 1 of this article, must:

    (a) Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within its jurisdiction will be expected to apply enhanced scrutiny, the types of accounts and transactions to which to pay particular attention and appropriate account-opening, maintenance and recordkeeping measures to take and

  • Financial Intelligence Unit (FIU)

  • • Financial Intelligence Unit is responsible for strengthening the money laundering and countering financing of terrorism regime in Sri Lanka. FIU supervises suspicious transactions.

    • It has created rules relating to enhanced scrutiny of certain types of persons and accounts commensurate with their risk profile.

    Link to Financial Transactions Reporting Act http://www.fiusrilanka.gov.lk/docs/ACTs/FTRA/Financial_Transactions_Reporting_Act_2006-6_(English).pdf

    Link to Link to Rules issued by the Financial Intelligence Unit http://www.fiusrilanka.gov.lk/rules_directions.html

     

  • (b) Notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, of the identity of particular natural or legal persons to whose accounts such institutions will be expected to apply enhanced scrutiny.

  • Financial Intelligence Unit (FIU)

  • • No mechanism to notify financial institutions of the identity of particular persons to whose accounts enhanced scrutiny should be applied.

    Link to the Country Review Report under the Second Review http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf

  • Article 52.3 Ensure that financial institutions maintain adequate records, over an appropriate period of time, of accounts and transactions involving the beneficial owners, PEPs, their family members and close associates which should, as a minimum, contain information relating to the identity of the customer as well as, as far as possible, of the beneficial owner.

  • Financial Intelligence Unit (FIU)

  • • As per Part V of the Rules for Financial Institutions (Customer Due Diligence) Rules, No. 1 of 2016 – Extraordinary Gazette No 1951/13, January 27 of 2016, institutions are expected to keep records for 6 years minimum from completion of a transaction or the date on which the business relationship was fulfilled.

    • Financial Institutions are mandated to retain the above records for a longer period where transactions, customers or accounts are involved in litigation or required to be produced in a court of law or before any other appropriate authority (rule 93).

    • No PEP database is created.

    Link to Rules for Financial Institutions (Customer Due Diligence) Rules No 1951/13 http://fiusrilanka.gov.lk/docs/Rules/2016/1951_13/1951_13_E.pdf

  • Article 52.4 Implement appropriate and effective measures to prevent, with the help of its regulatory and oversight bodies, the establishment of banks that have no physical presence and that are not affiliated with a regulated financial group.

  • Financial Intelligence Unit (FIU)

  • • As per section 2 (1) of the Banking Act No. 30 of 1988 banks with no physical presence are prohibited. A license issued by the Monetary Board with the approval of the Minister is required.

    • As per Rule 67 under the Financial Institutions (Customer Due Diligence) Rules, No. 1 of 2016, no bank can enter into or continue banking relationship with a shell bank. The Rules also mandates the financial institutions to follow special precautionary measures to make a distinction between formal money transmission services and other alternative money or value transfer systems (Rule 88).

    • As per Rule 64 under the Financial Institutions (Customer Due Diligence) Rules, No. 1 of 2016, financial institutions must take necessary measures to ensure that the risk of money laundering and terrorist financing through the accounts of the respondent banks are managed.

    • Banks are mandated to apply enhanced Customer Due Diligence measures when entering into or continuing banking relationship with banks or Financial Institutions which are located in high risk countries (Rule 66).

    Link to Banking Act http://www.dfe.lk/web/images/downloads/acts/bankingAct.pdf

    Link to Rules for Financial Institutions (Customer Due Diligence) Rules No 1951/13 http://fiusrilanka.gov.lk/docs/Rules/2016/1951_13/1951_13_E.pdf


Article 53 - Measures for direct recovery of property

No compliance update present

  • (b) Take measures to permit its courts to order those who have committed offences under UNCAC to pay compensation or damages to another State Party that has been harmed the offences

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Special Presidential Task Force on Recovery of State Assets (START)

  • • A specific legal provision is not there.

  • (c) Take measures to permit its courts or competent authorities, when having to decide on confiscation, to recognize another State Party’s claim as a legitimate owner of property acquired through the commission of an offence under UNCAC.

  • Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Special Presidential Task Force on Recovery of State Assets (START)

  • • A specific legal provision is not there.


Article 54 - Mechanisms for recovery of property through international cooperation in confiscation

No compliance update present

  • (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

  • Ministry of Justice, Special Presidential Task Force on Recovery of State Assets (START)

  • • 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


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. 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 57- Return and disposal of assets

No compliance update present


Article 58- Financial intelligence unit

No compliance update present


Search for a word or phrase

Show pledge details by their status

Have you experienced an incident or incidents of corruption in your dealings with public officials or institutions? If so, you can contact us.

Tel: (011) 2 501 503

Fax: (011) 2 501 707

Email: tisl@tisrilanka.org

This website was funded by UK AID