Establishment and Mandate

Formation:  1 January 2010
Legal basis:  Anti-Corruption Law (2016 Revision) (the “Law”)

The Law gives effect to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and to the United Nations Convention Against Corruption. The Law covers a broad range of local corruption offences by public officials, private individuals and entities. It extends to bribery of foreign public officials outside the Cayman Islands. Offences under the Law are extraditable.

 

Mission Statement

The mission of the Anti-Corruption Commission is "To enhance the stability, prosperity and reputation of the Cayman Islands by sustaining the confidence and trust of the community in the integrity and good governance of its government and public institutions through fighting corruption with just, fair and effective investigations."

 

Principal powers, duties and functions under the Law

The Commission is responsible for the administration of the Law and shall:

  • receive, consider and investigate reports to the Commission of corruption offences as set out in Appendix 1;
  • receive and (including from overseas anti-corruption agencies) request, analyse and disseminate disclosures of information concerning corruption offences, or suspected offences; or required by any law in order to counter corruption; and
  • detect and investigate suspected corruption offences, attempts to commit an offence, or conspiracies to commit an offence.

 

Additional powers, duties and functions under the Law

  • Arrest any person who has committed or is suspected of having committed a corruption offence;
  • Obtain evidence by search warrants with court approval;
  • Freeze assets and confiscate proceeds of corruption offences with court approval;
  • Refer the results of its investigations to the Director of Public Prosecutions for disposition where it appears an offence has been committed;
  • Assist with overseas investigations;
  • Enter into assistance arrangements with overseas anti-corruption agencies with the consent of the Attorney General;
  • Enter into assistance arrangements with any local law enforcement authority, for the discharge of performance of its powers, duties and functions;
  • Advise the Governor on the Commission’s work; and
  • Submit an annual report to the Governor.

 

Control, Oversight, and Policy Directions

The Governor has broad powers of oversight over the work of the Commission and may give to the Commission directions as to the policy to be followed in the exercise and performance of its functions. To date, the Governor has not issued any such directions.  The Commission may, after consultation with the Director of Public Prosecutions, issue guidelines setting out:

  • the forms and procedures for making a report of a corruption offence; and
  • the operational procedures in connection with disclosures made to the Commission.

To date, the Commission has issued the form for making a report as set out in Appendix 2 of the Corruption Reporting Procedure. It is currently preparing a detailed policy and procedures manual.

 

Governance and Structure:

The following persons were appointed to the Commission on 15 August 2016

  • Richard Coles (Chairman) - two year term
  • W. Norman Bodden, OBE - two year term
  • Sophia-Ann Harris (née Solomon) - three year term
  • Kadi Pentney (née Merren) - three year term
  • Timothy Ridley, OBE - two year term

The Commission is supported by the Commissions Secretariat comprising a Manager, Senior Investigators, Investigators (x2), Administrator/Analysts (x2), Office Administrator, and a Trainee Investigator. Appropriate safeguards are in place to ensure the security and confidentiality of the Commission’s work and records.

 

Read the ACC Fact Sheet here.