Q:What is the Anti-Corruption Commission (the “Commission”)?

The Commission was created by Cayman's Anti-Corruption Law which came into effect on 1 January 2010. This body is responsible for administering the Anti-Corruption 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. Visit our Corruption Offences page to find out more.

 

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

  • receive, consider and investigate reports to the Commission of corruption offences;
  • 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.

  • 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.

 

The Commission consists of not less than five members who are appointed by the Governor and who are -

(a) persons who are of high integrity and are able to exercise competence, diligence and sound judgment in fulfilling their responsibilities under the Law;

(b) residents of the Islands; and

(c) may include -

     (i) retired judges of the Grand Court or the Court of Appeal;

     (ii) retired police officers;

     (iii) retired justices of the peace or magistrates;

     (iv) chartered or certified accountants;

     (v) attorneys-at-law of ten or more years call or retired attorneys-at-law; and

     (vi) such other persons as the Governor considers qualified to be appointed.

The Governor, acting in his discretion, shall appoint one of the Commissioners to be chairman of the Commission for a period of three years or less.

Commissioners are appointed by the Governor for a period of three years or less.  Commissioners are eligible for a second term of three years or less.  All appointments are gazetted.

No persons who is a public officer, or such other category of person as may be prescribed by Order of the Governor, may be appointed to the Commission.

The Governor, after consulting with the Attorney General, may remove a Commissioner from office.

More information about current Commissioners can be found under our About Us page.

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

The Cabinet decides stipends to Commissioners.

Currently, the Chairman of the Commission receives $200 per meeting with a maximum stipend of $1000 per month and the Members receive $100 per meeting with a maximum stipend of $500 per month.

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:

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

To date, the Commission has issued the report/complaint forms, report/complaint procedures and media disclosure release.

The Commission meets at such times as necessary, currently at least once a month.

Decisions of the Commission are taken by a majority of votes.  The Chairman has an additional casting vote in any case in which the voting is equal.

Three Commissioners are required for quorum.

Meetings are not open to the public due to the sensitive nature of the discussions. Minutes of the meetings are posted to our website once confirmed at the next meeting.

Under the Law, Commissioners are required to disclose their interests, including their pecuniary interests.  Commissionser are required to sign the Commission's conflict of interest policy.  Also, Commissioners recuse themselves from any matter where they have or may have a conflict of interest.

The primary purpose of the Anti-Corruption Commission is to receive, consider and investigate (where appropriate) reports of corruption offences under the Anti-Corruption Law.

The primary purpose of the Commission for Standards in Public Life is to establish standards of honesty, consistency and competence for persons in public life, in order to ensure the prevention of corruption or conflicts of interest through maintaining the register of interests.

Furthermore, the Commission for Standards in Public Life is established by the 2009 Constitution, and the Anti-Corruption Commission is established under the Anti-Corruption Law.