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

The Commission was created in accordance to section 3 of Cayman's Anti-Corruption Law which came into effect on 1 January 2010. This body is responsible for administering the Anti-Corruption Law (2008).

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 following persons were appointed to the Commission on 15 August 2016*:-

(1) Richard Coles (Chairman) - two year term

(2) Sophia-Ann Harris (née Solomon) - three year term

(3) Kadi Pentney (née Merren) - three year term

(4) Timothy Ridley, OBE - two year term

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.

*W. Norman Bodden, OBE was also appointed on 15 August 2016 for a two year term but resigned effective 13 July 2017.

The Governor appoints one of the members to be chairman of the Commission for a period of three years or less.

Members are appointed by instrument for a period of three years or less. Members are eligible for a second term of three years or less. All appointments are gazetted.

No person who is a public officer or such other category of person as may be prescribed by Order of the Governor may be considered for appointment to the Commission.

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 form for making a report as set out in Appendix 2. It is currently preparing a detailed policy and procedures manual.

The Commission meets at such times as may be expedient for the carrying out of its functions.

Decisions of the Commission are taken by a majority of votes and, in addition to an original vote, the Chairman has a casting vote in any case in which the voting is equal.

Three members 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.

In accordance with the Schedule to the Law members are required to disclose their interests, including their pecuniary interests.

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.

What are the 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;
  • 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.

There are a wide range of offences that come under the Anti-Corruption Law. Visit our page Offences under the Anti-Corruption Law under the tab Reporting Corruption to find out more.

How is this Commission different from the Commission for Standards in Public Life?

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 in statute by the Anti-Corruption Law.

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 in statute by the Anti-Corruption Law.