January 5, 2013

Dear Fellow Bermudian:

I am writing to share my commitment and progress I have made to date in the interests of good governance for these Islands in the form of an Anti-Corruption Act. I am pleased that our last Premier enacted valuable legislative steps towards this end.

To further my objective I have invited The Hon. Mr. Craig Cannonier, Premier and The Hon. Mr. Mark Bean, Opposition Leader to support the furtherance of the legislative progress of an Anti-Corruption Act through our Parliament.

Now, given that the provisions of a comprehensive Anti-Corruption Act are too many and technical to summarise; simply stated, I am publishing as a proposal a Draft Public Integrity Act 2013 in form attached which results from review of legislation in many jurisdictions.

My proposal of this Act is non-partisan. If enacted a Public Integrity Act will increase public confidence in Government, make clear the duty of every public office holder, provide reporting duties investigative powers and provide criminal sanctions for those misusing their position of trust or attempting to corrupt our Government officials.

An important element in the Public Integrity Act envisions an Anti Corruption Commission recommended and supported by Parliament while adhering to the spirit and letter of our constitutional construct. The Commission will consist of five members. Again, consistent with our Constitution these members would be appointed by the Governor after consultation with the Premier of Bermuda and the Loyal Opposition Leader.

The Act provides for the independence of this Commission, its ability to pursue inquiries free from any interference, full protection of ‘whistleblowers’ and the powers to investigate, and prosecute acts committed by the use of intermediaries or corporate entities in or outside Bermuda.

Bermuda will benefit from an effective legislative barrier to misapplication of public funds, and/or payment of inducements in one form or another.

It is important that there exist a requirement for the reporting of any attempts to influence or bribe an office holder and equally for an office holder to be able to disclose and obtain clearance to conduct without undue influence their lawful transactions while in public office.

I look forward to your support and that of all honourable Members of Parliament in enactment of effective legislation to update Bermuda’s Statutes to current international standards in this important area.

Yours sincerely,
W. Alexander Scott


 

BERMUDA
20131 : [NUMBER]
D R A F T / PUBLIC INTEGRITY ACT 2013
[Assent Date: [] 2013]
[Operative Date: [] 2013]
ARRANGEMENT OF SECTIONS


WHEREAS it is desirable to make provision giving effect to the principles set out in (a) the United Nations Convention Against Corruption adopted in New York on 31st October 2003, and (b) the Organisation for Economic Co-operation and Development (OECD)’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions Adopted by the Negotiating Conference on 21st November 1997:

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Preliminary

Citation

1This Act may be cited as the Public Integrity Act 20131.

Commencement

2(1)This Act shall come into force in accordance with provision to be made by the Minister of Justice and published in the Gazette.

(2)Provision under subsection (1)—

(a)may make different provision for different provisions or purposes, and

(b)may include transitional provision.

Interpretation

3(1)In this Act—

“corruption offence” means an offence under this Act, and unless the context requires otherwise a reference in this Act to a corruption offence includes a reference to an attempt to commit a corruption offence, a conspiracy to commit a corruption offence, and an alleged or suspected corruption offence;

“the Commission” means the Anti-Corruption Commission established by section 4 of this Act;

“overseas anti-corruption authority” means any authority which has responsibilities under the law of a country or territory outside Bermuda which are the same as, or similar to, any of the responsibilities in respect of Bermuda imposed on the Anti- Corruption Commission under this Act or any other enactment;

“public appointment” means appointment to a public office;

“public office” has the meaning given by section 102(1) of the Constitution of Bermuda but without the exclusions provided for by section 103;

“public officer” means the holder of any public office and, in particular, includes—

(a) the holder of any ministerial or judicial office, a Commissioner, the holder of any office in the public service or in a disciplined force, and the holder of any office in the service of a local government authority or of a body corporate established directly by any law for public purposes,

(b)a person holding a temporary, acting or conditional appointment, and

(c)a person providing consultancy or other contractual services to the holder of a public office (including a person falling within paragraph (b)).

(2)A reference in this Act to action includes a reference to inaction; and a reference to taking any action includes a reference to omitting to take action.

(3)At any time when there is no Director of Public Prosecutions appointed under section 71A of the Constitution (because the Attorney-General is not a member of the Senate or House of Assembly) a reference in this Act to the Director of Public Prosecutions shall be construed as a reference to the Attorney-General.

The Anti-Corruption Commission

Establishment of Commission

4(1)There shall be an Anti-Corruption Commission consisting of not more than seven persons who shall be appointed for such term not exceeding three years as may be specified in their respective instruments of appointment.

(2)So far as practicable, members of the Commission shall be such persons as, having regard to their training, knowledge or experience, might reasonably be expected to discharge successfully the functions conferred upon the Commission by this Act or any other enactment.

(3)A non-Bermudian may be appointed to the Commission.

(4)Subject to subsection (5), the members of the Commission shall be appointed by the Governor, who shall appoint one of them to be Chairman and another to be Deputy Chairman.

(5)The function conferred upon the Governor by subsection (4) shall be exercised by him in accordance with the advice of the Premier who shall consult with the Opposition Leader before tendering such advice.

(6)In the absence of the Chairman the Deputy Chairman shall act as Chairman.

(7)In the absence of both the Chairman and the Deputy Chairman from a meeting the members present at the meeting shall elect one of their members to act as Chairman.

(8)At a meeting of the Commission no fewer than four members shall form a quorum.

(9)The Governor, acting upon the recommendation of the Public Service Commission, shall appoint a public officer to be Executive Officer to the Commission.

(10)The Executive Officer appointed under subsection (9) shall be the secretary to the Commission.

(11) The Commission may appoint other staff, who shall be public officers.

(12) Subject to this Act, the Commission shall regulate its own procedure (which may, in particular, include rules for the use of secure forms of electronic communication for participation in meetings of the Commission).

(13) The expenses of the Commission shall be met out of funds to be appropriated annually by the Legislature.

Functions

5(1)It shall be the duty of the Commission to investigate the commission of corruption offences, for which purpose—

(a)the Commission may act on the basis of allegations made to it or on the basis of suspicions formed by it as a result of information received by it, and

(b)if an investigation leads the Commission to believe that a corruption offence may have been committed, the Commission must either refer the matter to the Director of Public Prosecutions or appoint an independent legal adviser to consider the desirability of, and if appropriate to undertake the arrangements for, prosecution on behalf of the Commission.

(2)The Commission shall be the anti-corruption authority of Bermuda for the purposes of any international agreement which makes provision by reference to the anticorruption authorities of States and territories and shall carry out any functions conferred on anti-corruption authorities by any such international agreement; and for the purposes of this subsection it is immaterial whether an international agreement refers to “anti-corruption authorities” or to any other expression referring to national authorities with specific responsibility for combating corruption in public service or for enforcing offences of corruption in public service.

(3)The Commission shall carry out such educational or other activities as appear to it to be desirable for the purpose of improving awareness and understanding of law, good practice and principles in relation to corruption or any other matter addressed by this Act; and the Commission may, in particular, issue advice, guidance and codes of practice or conduct.

(4)The Commission shall discharge any other functions conferred on it by this Act or by any other enactment.

(5)In addition to the functions referred to in subsections (1) to (4), the Commission may do anything it thinks desirable for the performance of or in connection with those functions, but subject to any specific condition or limitation imposed by this Act or any other statutory provision.

(6)The Commission shall exercise its functions independently of the executive authority (within the meaning of Chapter IV of the Constitution); and in making rules for its procedures in accordance with section 4(12) the Commission shall, in particular, include provisions designed to avoid Commissioners being influenced in the exercise of their functions by any conflict of interest or by any influence or potential influence exerted by or on behalf of any person or authority.

Confidentiality and secrecy

6(1)The Commission shall not disclose any information obtained by it in the course of the exercise of its functions, subject to the following provisions of this section.

(2)Subsection (1) shall not prevent the disclosure of information—

(a)in accordance with a provision of this Act, or

(b)in pursuance of an order of the Supreme Court;

and the Commission shall be obliged to comply with any order of the Supreme Court for the disclosure of information.

(3)Subsection (1) has effect notwithstanding—

(a)any statutory provision passed or made before the commencement of this Act, and

(b) any statutory provision passed or made after the commencement of this Act unless that provision expressly or by clear implication disapplies or modifies the effect of subsection (1).

(4)No member, officer or servant of the Commission shall be required by any court (except the Supreme Court in accordance with subsection (2)(b)) to give evidence relative to information obtained for the purposes of any function of the Commission; and no such member or person shall be a competent witness to give evidence in that regard.

(5)Except in so far as it may be necessary for the due performance of his functions under this Act or other statutory provision, every member, officer and servant of the Commission shall preserve and aid in preserving secrecy with regard to all matters relating to the affairs of any person that may come to his knowledge in the course of his duties.

(6)A member, officer or servant who communicates any matter in contravention of this section or who suffers or permits any unauthorized person to have access to any books, papers or records relating to any person shall be guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding two years or both a fine and imprisonment.

Report and records

7(1)The Commission shall as soon as it is practicable so to do and in any case not later than six months after the end of each calendar year make a report to the Minister on the activities of the Commission.

(2)The Minister shall as soon as it is practicable so to do after receiving the Commission’s report lay it before both Houses of the Legislature.

(3)The Commission must keep records of its proceedings in accordance with the provisions of this section.

(4)The Commission must keep records of any investigations conducted by it under section 4.

(5)The Commission must keep for at least five years a record of any information received by the Commission in accordance with a provision of this Act or any other statutory provision, a record of any information so disclosed by it, and a record of any arrangements for co-operation or joint action with any other body, including authorities of other States or territories, entered into by the Commission in accordance with this Act.

(6)The Commission must publish records about any disclosures made to it about the proceeds or suspected proceeds of corruption offences and about any such disclosures made by it; but the records must be published in a form from which it is not possible to identify any particular individuals.

(7)The Commission must publish the records required by subsection (6) at least once in each calendar year; and the published records must be made available for public inspection without charge.

Co-operation

8(1)The Commission may disclose information—

(a)to the Governor,

(b)to the National Anti-Money Laundering Committee (established under section 49 of the Proceeds of Crime Act 1997), or

(c)to any other body designated for the purposes of this paragraph by notice of the Governor communicated in writing to the Commission.

(2)The Commission may disclose information—

(a)to the Auditor-General, or

(b)to the Bermuda Police Service,

but only if satisfied that in the circumstances of the case the disclosure will not prejudice the independence of the Commission or confidentiality in connection with its operations.

(3)The Commission may disclose information to any overseas anti-corruption authority for any purpose in connection with—

(a)the investigation or prosecution of any actual or alleged corruption offence, or

(b)the investigation or prosecution of any actual or alleged offence under the law of any other country or territory which in the opinion of the Commission is the same as or similar to a corruption offence.

(4)With the consent of the Attorney-General, the Commission may make arrangements with one or more overseas anti-corruption authorities for—

(a)the Commission to co-operate with an investigation or other proceeding of an overseas anti-corruption authority,

(b)an overseas anti-corruption authority to co-operate with an investigation or other proceeding of the Commission, or

(c)a joint operation to be carried out by the Commission and one or more overseas anti-corruption authorities.

Role of the Governor

9(1)The Governor shall be responsible for—

(a)monitoring the implementation of the Bermuda Government’s policies in connection with preventing and investigating corruption in the public service generally, including, but not limited to, implementation of the provisions of this Act;

(b)supervising the Commission in the performance of its functions under this Act or any other statutory provision;

(c)promoting co-operation between public authorities of Bermuda in connection with the prevention, investigation and prosecution of corruption offences;

(d)monitoring co-operation between the Commission and overseas anticorruption authorities.

(2)The Governor may give the Commission directions about the general policy to be applied in the performance of its functions; and—

(a)the Commission must comply with any policy directions given by the Governor, but

(b)policy directions must not relate to the details of any specific investigation or proceeding or to the affairs of any one or more specified individuals or other persons.

(3)The Commission must submit an annual report about its work in writing to the Governor addressing any matters which the Governor may specify and such other matters as are in the Commission’s opinion necessary for the purpose of giving the Governor full information about the work of the Commission.

(4)The Commission must provide the Governor with advice on matters relating to corruption in the public service at such times and in such form as the Commission thinks appropriate; and the Commission must comply with any request of the Governor to provide advice on any matter related to corruption in the public service.

Bribery

Bribing members of Senate or House of Assembly

10(1)A member of the Senate or House of Assembly who accepts a bribe, demands or requests a bribe, agrees to accept a bribe or in any way encourages any person to offer a bribe to the member commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(2)Any person who gives or offers to give a bribe to a member of the Senate or House of Assembly commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(3)A reference in this section to a bribe or to any action taken in connection with a bribe falls to be construed in accordance with the provisions of section 13.

Bribing other public officials

11(1)In this section a reference to a public official is a reference to any public official apart from those to whom section 10 applies.

(2)A public official who accepts a bribe, demands or requests a bribe, agrees to accept a bribe or in any way encourages any person to offer a bribe to the public official commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(3)Any person who gives or offers to give a bribe to a public official commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(4)A reference in this section to a bribe or to any action taken in connection with a bribe falls to be construed in accordance with the provisions of section 13.

Bribing relatives and friends

12(1)For the purposes of this section a person is an associate of a member of the Senate or House of Assembly or of any other public official if the person is a member of the public official’s family, or has any kind of social or business connection with the public official or holds himself out as having any kind of social or business connection with the public official.

(2)For the purposes of subsection (1) the following (and only the following) are family relationships, in each case including relationships by marriage, step-relationships and relationships by adoption or other action of law—

(a)parent,

(b)child,

(c)sibling,

(d)spouse or partner,

(e)uncle or aunt,

(f)niece or nephew, and

(g)cousin.

(3)Any person who gives or offers to give a bribe to an associate of any member of the Senate or House of Assembly or of any other public official commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(4)A reference in this section to a bribe or to any action taken in connection with a bribe falls to be construed in accordance with the provisions of section 13.

(5)Any action that would amount to the commission of an offence under this section if done in relation to an associate of any member of the Senate or House of Assembly or of any other public official, also amounts to the commission of that offence if done—

(a)in relation to any person who has a connection with an associate of a member of the Senate or House of Assembly or any other public official by virtue of a trust, partnership, company or other commercial entity or any arrangement involving a trust, partnership, company or other commercial entity, and

(b)with the intention or hope of taking advantage of that connection.

Bribery: supplemental

13(1)For the purposes of sections 10 to 12 a reference to a bribe is a reference to any benefit which one person provides to another for the purpose of influencing, or with the intention or hope of influencing, the performance of a public function; and for this purpose—

(a)“public function” means any function which a public officer performs, or is responsible for performing, in the course of the public officer’s office,

(b)influencing a function includes encouraging action (or inaction),

(c)“benefit” means a benefit of any kind including money, goods or services, and

(d)the reference to providing a benefit includes a reference to providing it directly or indirectly, whether by way of gift, loan, sale at an undervalue or in any other way (whether on favourable terms or on standard commercial terms, whether absolutely or contingently, and irrespective of at what time the benefit is acquired or to be acquired).

(2)In particular (and without prejudice to the generality of subsection (1)), a reference to a bribe includes a reference to any benefit which is provided or to be provided for the purpose of, or with the intention or hope of—

(a)influencing public appointments,

(b)influencing commercial transactions undertaken on behalf of the Executive or any public body,

(c)influencing any action taken in respect of an actual or potential licence, permit or exemption,

(d)interfering with the administration of justice,

(e)ensuring or facilitating the commission of an offence, or

(f)protecting an offender.

(3)The reference to influencing public appointments in subsection (2) includes influencing decisions about—

(a)appointments,

(b)dismissal, resignation or other forms of termination, or

(c)remuneration or other terms or conditions of appointment.

(4)A reference to taking any action in connection with a bribe includes a reference to taking action directly or indirectly (such as through intermediaries).

(5)An offence in connection with giving, offering, requesting, demanding, accepting or agreeing to accept a bribe can be committed whether or not the person who is bribed or is to be bribed has the power to achieve the result in connection with which the bribe is given or to be given.

Exemption for commercial commissions and other approved payments

14(1)Sections 10 to 12 do not make it an offence to offer, pay, accept or take any other action in connection with a commercial commission, or any other benefit, which is of a kind specified in accordance with a scheme established by the Commission for the purposes of this section; but this subsection applies only if the action taken in connection with the commission or other benefit complied with any relevant conditions specified by or in accordance with the scheme under this subsection.

(2)The Commission shall prepare and publish a scheme for the purposes of this section, keep it under review for the purposes of monitoring whether it is operating effectively and whether it appears to be open to abuse, and revise it from time to time.

(3)The scheme under this section may require payments or other benefits to be disclosed to a specified authority (which may be, but need not be, the Commission) before specified action is taken in respect of them; and it may require payments or other benefits to be approved by a specified authority (which may be, but need not be, the Commission, and which may be, but need not be, the authority to whom disclosure was made under the scheme) before specified action is taken in respect of them.

(4) The scheme under this section may specify different disclosure or approving authorities for different purposes and may make other different provision for different purposes.

(5)Without prejudice to the generality of subsection (2), and without prejudice to the specific provisions of subsections (3) and (4), in preparing and monitoring the scheme the Commission shall, in particular, have regard to the desirability of including provisions—

(a)requiring disclosure,

(b)designed to ensure that arrangements are made at arms-length,

(c)requiring publication,

(d)permitting or requiring independent certification of arrangements generally and in relation to the proportionality of benefits received having regard to services provided,

(e)designed to avoid circumvention through the use of linked transactions,

(f)specifying the consequences of material omission, irregularity or deficiency in compliance with procedures established by or referred to in the scheme, and

(g)ensuring that compliance with those procedures is relevant only to the particular transaction for the purpose of which they were expressly applied.

Other offences

Abuse of office

15(1)It is an offence for any member of the Senate, member of the House of Assembly or other public officer to abuse his office.

(2)A public officer abuses his office if, in particular (and without prejudice to the generality of the expression in subsection (1))—

(a)he does anything for the purpose of, or with the intention or hope of, advancing or prejudicing another person’s financial or other interests (including, in particular, any actual or potential licence, permit or exemption), for reasons that relate to the financial or other personal interests of the public officer (rather than with a view to performing the functions of the office in an appropriate manner and so as best to serve the interests of the public), or

(b)he falsifies a certificate or any other official document for the purpose of, or with the intention or hope of, advancing or prejudicing another person’s financial or other interests.

(3)Any person who invites or encourages a public officer to do anything that would amount to the commission of an offence under this section, commits an offence.

(4)Any person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

Aggravated fraud

16(1)If a member of the Senate, a member of the House of Assembly or any other public officer acts fraudulently in connection with the performance of a public function, he commits an offence of aggravated fraud under this section and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(2)An offence of aggravated fraud is in addition to any other offence, whether or not of fraud, that the member or other public officer may have committed; and—

(a)a person may be convicted of an offence of aggravated fraud and of one or more bribery or other offences in respect of the same facts, but

(b)a person may be charged with an offence of aggravated fraud without being charged with the commission of any other offence and without any other offence being alleged to have been committed.

Aggravated breach of trust

17(1)If a member of the Senate, a member of the House of Assembly or any other public officer breaches a trust in connection with the performance of a public function he commits an offence of aggravated breach of trust under this section and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(3)An offence of aggravated breach of trust is in addition to any other offence or civil liability that the member or other public officer may have committed or incurred; and—

(a)a person may be convicted of an offence of aggravated breach of trust and of one or more bribery or other offences in respect of the same facts, but

(b)a person may be charged with an offence of aggravated breach of trust without being charged with the commission of any other offence and without any other offence or civil liability being alleged to have been committed or incurred.

Sale of offices, etc.

18(1)It is an offence for any public officer or any other person to accept or demand, to request or agree to accept, to encourage a person to offer, or to give or offer to give a benefit of any kind (for which purposes section 13 applies as in relation to bribery) with a view to influencing any decision about—

(a)the making of a public appointment,

(b)dismissal, resignation or other forms of termination in respect of a public appointment, or

(c)remuneration or other terms or conditions of appointment in respect of a public appointment.

(2)It is an offence for any public officer or any other person to accept or demand, to request or agree to accept, to encourage a person to offer, or to give or offer to give a benefit of any kind (for which purposes section 13 applies as in relation to bribery) with a view to influencing any decision about an actual or potential licence, permit or exemption.

(3)The scheme established by the Commission under section 14 may include provision exempting from the provisions of this section payments or other arrangements made or entered into in connection with the use of recruitment or other agents or consultants, subject to such conditions and requirements as may be specified in the scheme.

(4)A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(5)A person may not be convicted of an offence under this section and an offence of bribery or abuse of office in respect of the same facts.

False accounting

19(1)It is an offence for a public officer deliberately to falsify records in respect of financial transactions connected with the functions of any public office.

(2)Subsection (1) applies, in particular, to records of sums paid, payable or claimed in respect of—

(a)remuneration or allowances,

(b)sale of goods or services, or

(c)any licence, permit or exemption

(3)A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(4)A person may not be convicted of an offence under this section and an offence of bribery or abuse of office in respect of the same facts.

Election donations

20(1)It is an offence for any person to give or offer to give to or in respect of a member or prospective member of the House of Assembly any financial or other assistance in connection with an election to the House of Assembly for the purpose of influencing, or intending or hoping to influence, a commercial transaction or potential commercial transaction which is or may be entered into, or the exercise of any discretion in relation to commercial matters (including action that may be taken in respect of any actual or potential licence, permit or exemption)—

(a)by the member or prospective member in his capacity as a member, or

(b)by a department which is or may be, or by any official who is or may be, under the control of the member or prospective member in his capacity as a member.

(2)The scheme established by the Commission under section 14 may include provision exempting from the provisions of this section the making or offering of donations in accordance with such conditions and requirements as may be specified in the scheme.

(3)A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(4)A person may not be convicted of an offence under this section and an offence of bribery or abuse of office in respect of the same facts.

Conflict of interest

21(1)The Commission must take all reasonably practicable steps to ensure that the Senate, the House of Assembly and every other public office makes arrangements for dealing with financial or other personal interests which may influence, or which might reasonably be perceived as influencing, members or public officers in the exercise of their functions.

(2)A member or other public officer who breaches arrangements made in accordance with subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

Information

Disclosure of attempted corruption

22(1)Any person who becomes aware of, or reasonably suspects, an attempt to commit a corruption offence, or to induce any person (whether or not the person who becomes aware of or suspects the attempt) to commit a corruption offence, must notify the Commission, and must include in the notification all the details of which the person giving the notice is aware.

(2)A person who fails without reasonable excuse to comply with subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

Protection for whistle-blowers

23(1)Any person may disclose information to the Commission for the purpose of or in connection with investigating or prosecuting a corruption offence, and this subsection overrides any requirement of confidentiality imposed by enactment, rule of law, contract or otherwise.

(2)No civil liability arises in respect of disclosure made in accordance with subsection (1).

(3)It is an offence to take or threaten any action to punish any person for disclosing information to the Commission for the purpose of or in connection with investigating or prosecuting a corruption offence.

(4)A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 14 years (in addition to any other criminal penalty or civil liability that may be imposed in respect of the action taken or threatened).

(5)Nobody (including the Commission) is obliged to identify a person who disclosed information in connection with investigating or prosecuting a corruption offence; and a court must take any steps it thinks proper to protect such persons from having their identity discovered.

Disclosures

24(1)The Commission may, having consulted the Attorney-General, publish guidance as to the policy and principles to be applied by the Commission as to how disclosures may be made to the Commission and will be handled by it.

(2)The Commission may require any person to provide information for the purposes of an investigation being conducted or to be conducted by the Commission or for the purposes of clarifying or amplifying information received in connection with any of the Commission’s functions.

(3)A requirement under subsection (2) must specify what information is to be provided, and how and when it is to be provided.

(4)The Supreme Court may on the application of the Commission order any person to provide information to the Commission for the purposes of investigating a corruption offence.

(5)An order under subsection (4) must specify what information to be provided, and how and when it is to be provided.

(6)Any person who without reasonable excuse fails to comply with a requirement or order under this section is guilty of an offence and liable on conviction by a court of summary jurisdiction to a fine not exceeding $50,000, a term of imprisonment not exceeding 2 years, or both a fine and a term of imprisonment.

(7)An order or requirement under this section may not require the provision of information or material to which legal professional privilege applies (for which purpose the Supreme Court may on the application of any person determine whether or not legal professional privilege applies to any particular information or material).

Enforcement

Freezing property

25(1)If the Commission reasonably suspects that any particular property does or may represent the proceeds of a corruption offence, it may, with the approval of the Supreme Court, order any person to refrain from dealing with the property for a specified period not exceeding 21 days.

(2)The Commission may make an order under subsection (1) only if satisfied that it is necessary to do so as a result of information received by the Commission or in order to comply with a request made to the Commission by an overseas anti-corruption authority.

(3)Any person who is or claims to be affected by an order under subsection (1) may make an application to the Supreme Court for an order terminating the order under subsection (1).

Arrest

26A person authorised by the Commission in connection with the prosecution of a corruption offence may arrest a person without warrant on suspicion of having committed a corruption offence.

Search

27(1)The Commission may apply to the Supreme Court for an order permitting the search of any premises for purposes in connection with the investigation of a corruption offence.

(2)On a search carried out in accordance with an order under subsection (1) any person authorised by the Commission may retain any material that in the opinion of that person is or may be required for the investigation or prosecution of a corruption offence; but this subsection does not allow the retention of material to which legal professional privilege applies (for which purpose the Supreme Court may on the application of any person determine whether or not legal professional privilege applies to any particular material)

Impeding investigation

28(1)It is an offence for any person to take any action for the purpose of impeding an investigation being carried out by the Commission into the commission of a corruption offence.

(2)A person who commits an offence under this section is liable on conviction by a court of summary jurisdiction to a fine not exceeding $50,000, a term of imprisonment not exceeding 2 years, or both a fine and a term of imprisonment.

Conditions for Government contracts

29(1)Subsection (2) applies where any public officer in the course of the functions of the office enters into, or makes any arrangement for or in connection with, a contract the parties to which include one or more individuals who are not Bermudians (“foreign individuals”) or companies not incorporated in Bermuda (“foreign companies”).

(2)The public officer must take all reasonable steps to ensure that the contract includes provision under which each foreign individual or company undertakes—

(a)to comply with any requirement of this Act, and to refrain from action amounting to an offence under this Act, that applies to Bermudian individuals and companies incorporated in Bermuda,

(b)to submit to the Bermudian courts in the matter of questions of compliance with provisions included in accordance with paragraph (a),

(c)to comply with provisions designed to enforce provisions included in accordance with paragraph (a), and

(d)to allow specified Bermudian public officers access to records of the foreign individual or company for the purposes of confirming compliance with provisions included in accordance with paragraph (a).

(3)Subsection (3) applies where any public officer in the course of the functions of the office enters into, or makes any arrangement for or in connection with, a contract with one or more companies (whether or not incorporated in Bermuda).

(4)The public officer must take all reasonable steps to ensure that the contract requires, or is preceded by and records, disclosure by each company of all beneficial ownership in the company and in any parent or subsidiary of the company.

(5)Any person who without reasonable excuse fails to comply with a requirement under this section is guilty of an offence and liable on conviction by a court of summary jurisdiction to a fine not exceeding $50,000, a term of imprisonment not exceeding 2 years, or both a fine and a term of imprisonment.

General

Supplementary provision

30(1)The Minister of Justice may by order published in the Gazette make any supplementary or consequential provision that in his opinion is desirable to be made for the purpose of supplementing, or giving full effect to, the provisions of this Act; but an order under this subsection may not create a criminal offence or alter the penalties in respect of an offence.

(2)The negative resolution procedure applies to an order under this section.

Offences by corporations

31(1)Where an offence under this Act has been committed by a body corporate, and is proved to have been committed with the consent or connivance of, or to be attributable to any default on the part of, an officer, the officer as well as the body corporate is guilty of the offence.

(2)In this section “officer” means director, manager, company secretary or any other officer exercising functions or with responsibilities similar to those usually exercised by or conferred on a director, manager or company secretary.

Requirements etc. to be in writing

32Any requirement imposed, designation made, or approval or notice given under this Act must be imposed, made or given in writing, for which purpose it is sufficient to send a document by any form of electronic communication that is designed to be printed or capable of being printed (such as fax or email).

Crown application

33(1)This Act binds the Crown, but not so as to make the Crown (as distinct from an officer, servant or agent of the Crown) capable of committing any criminal offence.

(2)Any power or duty under this Act is subject to any certificate issued by the Governor that prohibits a disclosure from being made, or any other specified action from being taken, on the grounds that in the Governor’s opinion it is necessary to prohibit the disclosure or other action in the interest of national security or of protecting the confidentiality of the Executive, the Senate or the House of Assembly.

Proceedings in Senate or House of Assembly

34No rule of law prevents anything said or done in the Senate or House of Assembly from being relied upon as evidence of a corruption offence; but this section is subject to section 33(2).

Territorial application

35This Act applies to anything done—

(a)by any person, whether or not a Bermudian, in Bermuda,

(b)by a Bermudian, whether or not in Bermuda, or

(c)by or on behalf of a company incorporated in Bermuda.