1.0 Making a Report/Complaint

Anyone who reasonably believes or suspects that there has been an act of corruption in breach of the Anti-Corruption Act (2019 Revision) (as amended) (the “Act”), should report the matter to the Anti-Corruption Commission (the “Commission”). Reports/complaints should be made as soon as reasonably practicable after becoming aware of the conduct in question.

Reports may be made anonymously, but for several practical reasons that is discouraged unless absolutely necessary.

2.0 Submission of Reports/Complaints

To report an alleged act of corruption:

  1. Complete the Report/Complaint Form as set out in Appendix 1 of the   ACC Corruption Report – Complaints Procedure. There is also an editable PDF version  of the Complaint Form.
  2. Submit the completed Report/Complaint Form via email to the Commission’s email address: info@anticorruptioncommission.ky

In cases where the complainant considers the alleged act of corruption to be urgent, direct contact should be made with the Senior Investigating Officer (the “SIO”) to expedite the report process. To arrange a meeting with the SIO:

  • Call: +1 (345) 244-3685
  • E-mail: Richard.Oliver@gov.ky
  • Visit the Office in-Person: 4th Floor George Town Financial Center, #90 Fort Street, George Town, Grand Cayman, KY1-1106

Should any member of the Commission receive a report/complaint it will be forwarded forthwith to the SIO.

Members of the public making reports/complaints are encouraged to use the Report/Complaint Form whenever possible. The SIO, or any member of the Commission, receiving a verbal report/complaint by telephone call or otherwise should also complete the Report/Complaint Form (or a functionally equivalent written document containing all material facts) and submit it to the Commission.

3.0 Protection of Providers of Information

The Commission will make every effort to protect, as far as legally possible, the identity of those providing information to the Commission. The Commission will encourage a caller, if information is provided verbally, to identify himself or herself and provide contact details, as it is may be necessary in the future to seek additional information or clarification of information received. Information provided by a caller in such a manner will also be submitted to the Commission in the Report/Complaint Form completed by the SIO.

4.0 Reports/Complaints Procedure

4.1 Receipt and Recording of Reports/Complaints

Upon the receipt of a report/complaint, the Secretariat will assign the report/complaint a case number and record the same, including the time, place and manner in which the report/complaint was received.

4.2 Urgent Reports/Complaints

If urgent action appears necessary to the person making the report/complaint, this should be made clear in the report/complaint.

A report/complaint will be considered urgent by the SIO if it requires, or may require, immediate action in order to detect, prevent or otherwise deal with an alleged offence.

When an urgent report/complaint is received, the Report/Complaint Form shall be submitted to the Commission forthwith, with a summary (as set out in Appendix 2 of the ACC Corruption Report – Complaints Procedure) (the “Summary”) and any information relating to the degree of urgency and risk (if any) noted therein.

If the report/complaint is considered urgent, the Commission may authorise an investigating officer to take immediate appropriate action, as required or permitted under the Act, to deal expeditiously with the matter as described in sections 5.0.1, 5.0.5 and 6 below.

4.3 Non-urgent Reports/Complaints

When a non-urgent report/complaint is received, the SIO shall place the matter on the next Commission meeting agenda along with the completed Report/Complaint Form and Summary.

5.0 Initial Assessment

In all cases, an initial assessment will be made by the Commission to determine whether the report/complaint (either individually or when combined with other reports/complaints or information received) discloses a potential offence under the Act and/or a related offence as provided under the Act, or whether further information is required.

Following the initial assessment, a report/complaint will be dealt with as follows:

  1. Where the Commission reasonably suspects that an offence under the Act, or that a related offence under the Act has been committed, the Commission will proceed as set out at section 6 below. Details of offences under the Act are set out in Appendix 3 of the  ACC Corruption Report – Complaints Procedure and on the Corruption Offences page of this website.
  2. Where the report/complaint does not fall within 1. above, but the Commission reasonably suspects that an offence under some other act or a regulatory breach has been committed, the Commission will determine whether to refer the matter to the relevant third-party investigatory agency/regulatory body.
  3. Where the report/complaint does not fall within 1. or 2. above, but raises issues that, in the view of the Commission, should be brought to the attention of a Government department, statutory body or agency, the Commission may refer the matter to such Government department or statutory body or agency, as appropriate.
  4. Where the report/complaint does not fall within 1., 2., or 3. above, no further action will be taken by the Commission. If further information of relevance to a report / complaint is later received by the Commission, it may review its decision in this regard.
  5. Where the Commission determines that further information should be obtained before it can decide whether to proceed as outlined at 1., 2., 3. or 4. above, the Commission may direct such further enquiries to be made by the SIO’s investigative team as appear reasonably necessary.
  6. Where the Commission (after consultation with the Director of Public Prosecutions) is satisfied that a report/complaint is trivial, frivolous, vexatious or not made in good faith, or that investigation/further investigation would be unnecessary, improper or futile, the Commission may determine to take no further action.

The Commission has discretion whether to inform the maker of a report/complaint that any action is (or is not) to be taken in relation to their report/complaint. However, the Commission’s policy is to inform any identifiable maker of a report/complaint of its decision, and to give brief reasons, unless the Commission considers there is good reason not to.

It is also within the absolute discretion of the Commission whether or not to inform a person that they have been the subject of a report/complaint (and of its decision whether to take any action with respect to any such report/complaint).

The Commission will not disclose the identity of any person making a report/complaint unless required to do so by law.

6.0 Investigations Procedure - Suspected Corruption/Related Offences

6.1 Procedure following decision

Where a decision has been taken by the Commission that a report/complaint falls into section 5.0.1 above, the Commission shall direct an investigating officer to carry out an investigation into the matter.

6.2 Powers of investigators and legal advice

The investigators may seek to clarify issues by gathering further information, and by utilising all their powers under the Act and under the Criminal Procedure Code. Additionally, legal advice may be sought from the Office of the Director of Public Prosecutions in the course of an investigation. Investigators have powers of arrest, powers of search upon arrest and the power (exercisable with the approval of the Court) to obtain search warrants/production orders to obtain evidence or information.

7.0 Referral to the Director of Public Prosecutions

The Commission will refer the results of its investigations to the Office of the DPP for disposition, where it appears that behaviour amounting to an offence under the Act, or any other offence, has been committed. This will include all relevant information and evidence known to the investigators.

8.0 Records

The Commission will keep records of all aspects of the investigation. These records will be kept confidential, except when otherwise required or permitted by law or any competent court. The Commission is obliged by Section 4(2)(d) of the Act to retain records of all information received or disseminated by it and any agreements entered into by it pursuant to that section for a minimum of five years.

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