Legistrack

This is an open-ended Database Tracker for anti-corruption and good governance-related legislations that are being formally proposed, tabled, or passed in the Parliament across the regions in 2023. The database is designed to provide GOPAC members with awareness of any legislative initiatives exercised in the parliament. It is an open-ended database, meaning new parliament or bills can be added over the year. GOPAC Members are invited to provide or add more country/parliament currently having anti-corruption and good governance-related bill(s), deliberating one, or passing relevant legislation. The open-ended database will be updated regularly, subject to the latest data and information received by GOPAC Secretariat.

Last Update: 30 June 2023

To report any errors or contribute to the accuracy of the data, Please contact secretariat@gopacnetwork.org

Methodology

The data collected in the LEGISTrack (2023, Volume 1) is based on publicly available information, online and offline. The data included should be within these three categories: (i) a bill that is formally proposed to Parliament, (ii) a bill that is currently in deliberation in Parliament, (iii) a bill that Parliament has adopted and/or an Act. The bill/Act that qualifies as the data is only those happening in 2023. Please note that this is an open-ended tracker, which means that new data can be updated over this year.

The data is curated from the parliamentary website and its legislative information data, the official gazette, the ministry/government website, and the media/social media platform. Every data included should at least be verified and cross-verified with other sources of information available to ensure its accuracy.

Given the possibility of limited information from the parliamentary website due to technical difficulties/updates, lack of updates, and even no information available, another source is relevant to provide the context of the data. In several countries, a parliamentary social media platform is proven to be a reliable source of information.

The Tracker seeks to represent all parliaments or countries’ activities related to anti-corruption or good governance bills in 2023. However, the latest available data in the Tracker reflects only information that has been collected or received. It does not necessarily mean that a particular parliament/country has not taken measures regarding anti-corruption and good governance over the course of the year.

The Tracker is intended as a knowledge resource for parliament/parliamentarians, the public, researchers, and other relevant interested stakeholders to track the progress on the relevant bill(s) or to know what is happening in a particular parliament/country. The Tracker is not meant to provide a judgment on the content of the bill/the Act.

For easy exploration, several guidance is provided as follows:

The bill, the law proposal, the draft bill, the draft law, or any other corresponding name shall be considered the same so long as it is included in the Parliament and yet to be adopted by members at the final reading.
The download link is only available to the bill that has been adopted and become an Act. However, this does not preclude readers from accessing the bill, should that information be available in the details.
The status of the bill is divided only into three distinct categories:

introduced (for a new bill read for the first time, submitted by the government or private members, including by the government or Parliament in the official gazette),
in deliberation (for a bill that is referred from the first reading to the next process, in discussion at the committee’s stage or next reading, or at its final reading but yet to receive any vote or adoption),
adopted (for a bill that has been adopted, received final assent, or signed by the executive, becomes an Act, and or has become an Act and included in the Official Gazette).

We strive to provide the most accurate information possible regarding the LEGISTrack. GOPAC Secretariat invites GOPAC Members and Parliament/Parliamentarians to contribute and complement the data by contacting secretariat@gopacnetwork.org.

Full PDF Download

LEGISTrack, Vol 1, June 2023

List of Country

Algeria

The Algeria Parliament is currently discussing a draft law regarding public procurement to tackle corruption in the procurement process. The Minister of Finance presented the draft law during the meeting with the National People’s Assembly (NPA) Finance Committee on 10 June 2023. The draft law sets a foundation for developing a code of ethics and professional conduct for agents and public officials involved in concluding, executing, and monitoring public deals. It will also oblige the contractor to sign a declaration of integrity. The draft law will also be a basis for e-procurement development. The Council of the Nation also included the draft law on General Rules relating to Public Procurement as part of the legislative text under study.

Keywords: Public Procurement, Integrity, E-Procurement

Note: in April, the Government introduced a Public Accounting and Financial Management Rules bill to both Chambers of Parliament. The law is set to introduce a new accounting framework derived from the International Public Sector Accounting Standards. It also aims to increase transparency through better monitoring, mobilizing, and using public funds. The law will enable the parliament to obtain all information to evaluate and follow up on the actual financial situation of the country. On 25 April 2023, the bill has already at the committee stage of the National People’s Assembly. On another side of the chamber, the Council of the Nation passed the bill unanimously in May 2023. More updates will be provided once available.

Argentina

A proposal to regulate the designation of the Head of Anti-Corruption Office, its requirement, and removal is tabled at the Chamber of Deputies on 12 June 2023 (File 2550-D-2023). The bill will incorporate a new article to Law 25.233 on Anti-Corruption Office, providing the right to the largest opposition block to nominate the head of the Anti-Corruption Office, subject to the absolute majority decision of the Congress. The bill is proposed to cast away doubt on the work of the anti-corruption office due to the nature of its leadership origin, which is currently under the executive branch.

Keywords: Anti-Corruption Body, Independency, Integrity

Armenia

The National Assembly of Armenia is deliberating a bill to strengthen the Anti-Corruption Committee (ACC) employee’s disciplinary governance by amending the Law on Anti-Corruption Committee (in Armenian). A positive conclusion was received during the second reading at the Committee Stage (Standing Committee on State Legal Affairs), which was conducted on 6 June 2023. Under the draft law, a disciplinary commission will be established with an inclusive composition proposed by relevant anti-corruption and state governance stakeholders. The Commission will work to uphold and conduct a proper disciplinary inquiry on matters relevant to the grounds of disciplinary liability of an employee of the ACC (article 32 of the Law on Anti-Corruption Committee (in Russian)).

Keywords: Anti-Corruption Body, Integrity, Disciplinary Liability

Australia

A Transparent and Quality Public Appointments Bill is introduced to the Australia House of Representatives on 6 March 2023. In its Explanatory Memorandum, the bill seeks to ensure that the process for making major public appointments is transparent, robust, and independent. This will restore public confidence in the quality and impartiality of public appointments. The bill aims to be part of efforts to rebuild the integrity infrastructure, accountability, and transparency in the political system. In 2022, Australia adopted The National Anti-Corruption Commission Act, mandating the establishment of a Federal level National Anti-Corruption Commission.

Keywords: Public office, Transparency, Integrity

Austria

The Austrian Parliament adopted new legislation on Whistleblower Protection (Whistleblower Protection Act – HSchG) in 2023. The Act also amends the Act on the Federal Office for the Prevention and Combat of Corruption, the 1979 Civil Servants Act, the 1948 Contract Servants Act, the Judges, and Public Prosecutor Act, the State Teachers Act, the Agricultural and Forestry State Teachers Act, the 1966 State Contract Teachers Act, the Forestry State Contract Teachers Act, and the Legal Trainee Act. It outlines internal and external notification requirements, publication of the notification, and provisions to protect whistleblowers and the people around them.

The Act applies to persons (whistle-blowers) who have obtained information about rights violations due to current or previous professional connections to a legal entity in the private or public sector. Austrian companies with 50 or more employees are mandated to set up internal reporting channels to inform the company of violations of certain areas of law. In addition, the act specifies retaliations measures that are considered legally ineffective in response to a legitimate notice of any violation disclosure. It also mandates legal or natural persons who retaliate to restore and compensate for any financial loss and personal damage from such retaliatory measures.

Keywords: Protection of reporting person, Whistleblower protection, EU Directive

Barbados

A bill on Integrity in Public Life 2023 was first read in the House of Assembly of the Barbados Parliament on 7 February. In its explanatory memorandum, the bill is designed to establish a regime to promote the integrity of persons in public life and strengthen measures for preventing, detecting, investigating, and prosecuting acts of corruption. It will also create an integrity commission to maintain the Register of Interests, conduct the investigative measures, and any other measures required by the bill.

The bill will set a value of gifts more than $2.500 received by specified persons in public life to be reported, and that failure to report it will be considered an offence. The bill will also require all persons in public life to declare their financial affairs and for every member of the House of Assembly and the Senate to file a statement of registrable interest. A code of conduct for persons exercising public functions will also be a part of the law through the bill. The history of the bill can be found here.

Keywords: Public Integrity, Preventive Policy, Conflict of Interest

Belize

The House of Representatives is currently discussing a bill to recover illegally obtained assets entitled Civil Asset Recovery and Unexplained Wealth Bill after it was previously introduced before the House of Representatives on 19 May 2023. Under the bill, a comprehensive framework to carry out asset recovery is expected. The bill will also designate the Financial Intelligence Unit as the competent authority for Civil Recovery. The bill also provides means to tackle corruption by allowing the Civil Recovery Authority to apply to the Court for a Preliminary Unexplained Wealth Order, requiring an individual to file a declaration and answer questions as required in relation to the property, his/her assets, and total wealth. Any false or misleading information will be considered an offence.

In the Senate, a bill on Money Laundering (Prevention) (Amendment) 2023 received from the House of Representatives was passed during its special sitting on 5 June 2023. At the same special sitting, the Senate deferred the discussion of the Extradition Bill 2023 until a further time. The National Assembly of Belize also in the process of deliberation to amend the Financial Intelligence Unit Act. Its Financial Intelligence Unit Amendment Act was first introduced at the sitting of the house of representatives on 19 May 2023.

Keywords: Asset recovery, Illicit enrichment, Anti-Money Laundering, Extradition

Brazil

Brazil Chamber of Deputies on 8 March 2023 approved a bill aiming to combat sexual corruption. The bill PL 4534/2021 on Penal Code to deal with the crime of conditioning official duty to provision of sexual activity was sponsored by 16 members of the chamber. It will criminalize its offender with a prison sentence of up to 6 years. The abuse of power for sexual gain has rarely been a highlight of criminal cases, especially under corruption discussion. Yet, it is a known problem since sometimes sexual favors are solicited in return for other types of favors. The bill itself is currently in the Senate for further deliberation. (More on the news)

Keywords: Sexual corruption, Extortion, Abuse of power

Bulgaria

The National Assembly of Bulgaria adopted a Law for the Protection of Whistleblowers or Publicly Disclosing Information about Violations (ЗАКОН за защита на лицата, подаващи сигнали или публично оповестяващи информация за нарушения) on 27 January 2023. Under the law, companies must develop internal whistleblowing channels and procedures. It is the first dedicated protection instrument for whistleblowers in Bulgaria. The Law was adopted to implement the requirements of the EU Whistleblowing Directive 2019/1937. It will bring a whole change of procedure for most businesses and the public sector throughout the country.

Keywords: Protection of reporting person, Whistleblower protection, EU Directive

Canada

A bill to amend the Canada Business Corporations Act as well as other acts (C-42), is proposed to create a public beneficial ownership registry for businesses incorporated federally. The proposal was made by Honorable François-Philippe Champagne, Minister of Innovation, Science, and Industry, on 31 March 2023. The amendment will be the second series of changes to the Canada Business Corporations Act in relation to the creation of the registry. The first series of changes (adopted June 2022) require federally incorporated companies to proactively submit information on their beneficial owners to Corporations Canada annually or when a change of control occurs.

The next amendment would require corporations to collect and send additional information about individuals of significant control, namely residential address, and citizenship. A portion of the information would also be made available. The bill proposed also includes protections for whistleblowers. (See the progress of the C-42 bill).

In relation to the issue of whistleblower in public service, the House of Commons also currently deliberating a Bill on an Act to Amend the Public Servants Disclosure Protection Act (C-290). The bill serves to provide a framework and effective procedure to protect public servants who are involved in the disclosure of wrongdoings. It will also include “every person retained under the contract to perform services for the public sector” as part of public servant in order to expand people involved in the disclosure of wrongdoing. (See the progress of the C-290 bill).

Keywords: Beneficial ownership, Whistleblower protection, Public office

Czechia

The Parliament of Czechia passed an amendment to Whistleblower Protection Act in June 2023, after the Senate, within 30 days deadline, did not vote for or against the draft forwarded by the Chamber of Deputies. The Constitution of the Czech Republic regulates that the Senate shall consider a bill referred to it and decide thereon within thirty days of the day the Bill was sent. The Bill shall be considered as having been passed if the Senate does not express its opinion pertaining to the Bill.

Under the Act, protected reports shall include breaches of EU law under the Directive and criminal offences and misdemeanors with a maximum fine of CZK 100.000. A complete history of the process can be found here.

Keywords: Protection of reporting person, Whistleblower protection, EU Directive

Dominican Republic

The Senate of the Dominican Republic is deliberating a conflict-of-interest bill namely Draft General Law for the Regulation of Conflict of Interest in the Exercise of Public Functions (Proyecto de Ley General de Regulación de Los Conflictos de Intereses En El Ejercicio de Funciones de Funciones Públicas). In March 2023, the bill was sent to the Senate’s Commission on Justice and Human Rights for further deliberation. The bill aims to establish a regulatory framework for the prevention and management of conflict of interests in the exercise of public functions. It also prohibits public officials from being involved in the private sector’s activities during their time in the public service.

Aside from a bill on conflict of interests, the Senate is also considering a Public Procurement Bill (Proyecto de Ley General de Contrataciones Públicas) with the main objective to increase the level of transparency and public trust around public investment. In February, the Senate Finance Commission began conducting analysis and review of the proposed bill.

Keywords: Conflict of interest, Public procurement, Public trust

Note: To track the legislative initiative please visit Iniciativas Legislativas (Conflict of Interest bill is listed under 02064-2023-PLE-SE initiative number. Public Procurement bill is listed under 01961-2023-PLE-SE initiative number).

Ecuador

The National Assembly of Ecuador, on 31 January 2023, finally passed a new Organic Law of Transparency and Access to Public Information, updating the previous law, which was enacted in 2004. The new law is designed to strengthen the role of the Ombudsman (defensor del pueblo) to guarantee the right of access to public information, incorporate open data principles, expand activities that requires transparency from the public entities, among many others. The law has been included in the Official Register on 7 February 2023.

The Assembly also passed amendments to the Organic Law for the Prevention, Detection, and Eradication of the Crime of Money Laundering and Financing of Crimes in a plenary session on 28 March 2023. The amendment expands the list of entities that must report to the Financial and Economic Analysis regarding their financial activities. Several of which even must report, within fifteen days after the end of each month, if their national or international operations have a value equal to or greater than ten thousand US$, such as the judges, prosecutors, military, and assembly members, among others.

Keywords: Freedom of information, Ombudsman, Anti-Money Laundering

El Salvador

The Legislative Assembly (Asamblea Legislativa) of El Salvador in January 2023, endorsed a Public Procurement Law (LEY DE COMPRAS PÚBLICAS) Decreto No 652 to reduce bureaucracy in the purchase and acquisition processes made by the State. The law will unify the regulations governing public procurement under the principles of transparency and free competition. Through the adoption of the law, El Salvador establishes the National Directorate of Public Procurement (DINAC), acting as the governing body for supervising, accrediting, and certifying the processes of public procurement in all institutions. A National Public Procurement System (SINAC) and Institutional Procurement Units (UCP) shall be established in each public institution to monitor and follow up on all public procurement.

The law also mandates the establishment of an electronic system of public procurement (e-procurement). The system shall also include the provision of a Registry of Sanctions containing vendors that have been disqualified due to the practice of anti-competitive or corruption, among others. Another highlight of the law would be the obligation for all public institutions to have anti-bribery certification and a compliance officer. The obligation to have anti-bribery certification also extends to vendors who participate in external audit procurements.

Keywords: Public procurement, Anti-bribery, E-Procurement

European Union

The European Commission and the High Representative of the Union for Foreign Affairs and Security Policy issued a Joint Communication to the European Parliament, the Council, and the European Economic and Social Committee on the Fight Against Corruption on 3 May 2023. The Joint Communication outlines key messages the EU would like to do in stepping up the block to fight corruption. The block will set up an EU Anti-Corruption Network bringing together law enforcement, public authorities, practitioners, civil society, and other stakeholders to catalyze corruption prevention across the EU and develop best practices and practical guidance.

The Commission also proposes a new Directive on Combating Corruption which will modernize the existing EU anti-corruption legal framework including by increasing the level of criminal sanctions, making all offences under UNCAC mandatory under EU law, and bringing together public and private sector corruption, setting up specialized anti-corruption bodies, building a culture of integrity. The proposed Directive will have to be negotiated and adopted by the European Parliament and the Council before it can become EU law. (Click to see the proposed directive. Visit EU Parliament Legislative Observatory for the Proposed Directive status in the European Parliament).

Keywords: Anti-corruption, UNCAC, EU Directive

Gambia (Republic of the)

Gambia passed the Mutual Legal Assistance in Criminal Matters bill into Act on 30 March 2023 aiming to provide a framework international cooperation in terms of mutual legal assistance. The law will be the legal basis for the exchange of information and evidence between the Gambia and other countries for investigation and prosecution of a wide range of criminal offences, especially those of cross-border in nature. (See the Attorney General’s Chambers and Ministry of Justice public release).

In addition to the international cooperation framework, the National Assembly of the Gambia is currently deliberating the Anti-Corruption Bill 2019 which will likely create a new national Anti-Corruption Commission and update the 2012 Act.¹ On 15 June 2023, the bill, under the Assembly’s Order 72, was debated. Further information on the bill’s progress can be found on the Bill Tracker of the National Assembly of the Gambia website.

Keywords: Mutual Legal Assistance, Anti-Corruption, Anti-Corruption Body

¹Mathias Bak, Overview of Corruption and Anti-Corrupion in the Gambia, U4 Helpdesk Answer, Transparency International and CMI U4 Anti-Corruption Resource Center, June 2021.
Note: The Mutual Legal Assistance in Criminal Matters Act will be provided once it is available.

Germany

After numerous processes since May 2022, including a deliberation in the Mediation Committee, a Whistleblower Protection Act (hinweisgebender Personen gesetz) has been approved by the Parliament of German (passed in Bundestag on 11 May 2023 and approved by Bundesrat on 12 May 2023). The Act is expected to come into force in June 2023 and is part of implementing the EU Whistleblower Directive 2019/1937. Under the law, a company with 50 employees or more in Germany must establish an internal reporting channel for whistleblowers. The act protects whistleblowers acting in good faith from retaliation such as dismissal, pay cuts, relocation, or other disadvantages by the employer. The whistleblower can claim damages from the parties responsible if there has been retaliation.

Keywords: Protection of reporting person, Whistleblower protection, EU Directive

Hungary

In May 2023, The National Assembly (Orszaggyules) passed the law on complaints, reports of public interest, and rules related to reporting abuse (2023. évi XXV. törvénya panaszokról, a közérdekű bejelentésekről, valamint a visszaélések bejelentésével összefüggő szabályokról) as part of Hungary’s whistleblower law to transpose the EU Whistleblower Directive 2019/1937. The law (in Hungarian, in English (translated unofficially)) provides legal base for anonymous reporting of abuse and corruption cases. The law also provides whistleblower e-channel for reporting in the public service. (click here to see the history of the legislation).

Keywords: Protection of reporting person, Whistleblower, EU Directive

Indonesia

On 4 May 2023, the Indonesian House of Representatives received a Presidential Letter on Confiscation of Assets Related to the Criminal Acts Bill. The bill will strengthen anti-corruption measures currently existing in Indonesia. Asset confiscation is a legal instrument that deprives assets as the result of criminal offences. The Indonesian House is scheduled to further deliberate the bill. Further progress on the bill can be found here. (More information on the academic text of the bill, in Indonesian language, can be accessed here).

Keywords: Asset confiscation, Anti-corruption, Asset recovery

Iraq

The Council of Representatives is currently discussing a bill on Freedom of Expression, Assembly, and Peaceful Demonstration (click here for its first reading session version-in Arabic) aiming to guarantee the exercise of these rights as part of efforts to reinforce free speech in Iraq. The parliament has finished its second reading on 9 May 2023 and the bill will be subject to voting session soon. The Parliament through its two standing committees (the Standing Committee on Culture, Tourism, Antiquities, and Media and the Standing Committee on Human Rights) held numerous activities to accommodate public and other relevant stakeholders’ interests to the bill.

The Council also deliberating an asset recovery bill (click here for its first reading session version-Arabic). The bill provides required tools for Iraq to recover the stolen money due to corruption. On 7 March 2023, the Council finished its first reading of the bill. Further information about the legislative process can be found here.

Keywords: Freedom of Expression, Anti-Corruption, Asset Recovery

Ireland

A member of parliament from the Dáil Éireann (House of Representatives) of the House of Oireachtas, Hon. Mairéad Farrell, in February 2023, introduced a bill entitled an Act to make certain amendments to the Standards in Public Office Act 2001 and the Ethics in Public Office Act 1995. According to its Explanatory Memorandum, the bill is introduced to improve the overall functioning of the Ethics Framework by making, among others, the failure to disclose registerable interests an offence, and expanding the definition of registerable interests to include liabilities in excess of a specified amount. To see the current progress of the bill, please click here.

Keywords: Public Office, Ethics, Register of Interests

Jamaica

The Jamaican Parliament (Senate and the House of Representatives) has passed a new law amending the Companies Act (The Companies, Amendment Act 2023 No 4). The changes were made for the beneficial ownership (BO) regime to be more extensive and to comply with the FATF (Financial Action Task Force) recommendations, including that it should be made available to all companies, whether profit or non-profit. The amendments also lower the BO threshold from 50 percent to 25 percent for companies with shares. The Registrar of the Companies Office of Jamaica (COJ) also has a new power to verify BO information via investigation and inspection.¹

Keywords: Beneficial Ownership, FATF, Ultimate Own and Control

¹IFC, Jamaica: Companies Act Amended to Strengthen-Anti Money Laundering Efforts, ifcreview.com, April 2023.

Japan

On 10 March 2023, The House of Councillors of Japan (Sangiin) received a bill submission for Partial Revision of the Unfair Competition Prevention Act (UCP) from the Cabinet. The bill is part of the property system protection in Japan. Aside from strengthening the protection of the brand and developing intellectual property in response to the pandemic and digitization, the bill’s partial revisions also aim to develop stronger and clearer provisions for international business. The bill seeks to strengthen and expand penalties for bribery of foreign public officials and further implement the OECD Convention against Bribery of Foreign Public Officials by criminalizing foreign employees of Japanese companies who commit bribery overseas. The bill was previously passed in the House of Representatives of Japan (Shūgiin) after receiving unanimous approval from the Shūgiin lawmakers in 2020. More information about the bill’s outline, a comparison between the previous and new clauses, and article references can be found here (in Japanese).

Keywords: OECD Convention, Bribery of Foreign Public Officials, Anti-Bribery

Kazakhstan

On 14 June 2023, the Mazhilis (The House of Representatives) of Kazakhstan adopted a bill on the return of illegally acquired assets to the State. The bill has a main goal to expand the legal mechanism for asset recovery. It will also provide measures for identification, suppression and prevention of assets illegally transferred overseas. Under the bill, a new authority will be established to manage the recovered public assets and provide a clear and transparent public mechanism for asset recovery. The bill is now in the Senate for deliberation.

Keywords: Asset Recovery, Asset Recovery Authority, Transfer of Proceed of Crime

Kenya

On 6 June 2023 a bill proposed by the Government entitled Conflict of Interest 2023 (Kenya Gazette Supplement No 41) was read for the first time before the National Assembly and subsequently referred to the relevant committee. The bill is intended to provide the management of conflict of interest in the discharge of public duties. The Cabinet Office of the Executive Office of the President explained that the draft legislation, once it is enacted into law, will mark the end of the era where public servants would subordinate their official duties to their private and commercial interests.

Keywords: Conflict of Interest, Register of Interests, Public Office

Kyrgyztan

The Supreme Council of the Kyrgyz Republic, through the Committee on Law and Order, Combating Crime and Anti-Corruption has started the first reading of the draft law on Amendments to Certain Legislative Acts of the Kyrgyz Republic Aimed at Combating Corruption in State and Municipal Services (Мамлекеттик жана муниципалдык кызмат чөйрөсүндө коррупцияга каршы аракеттенүүгө багытталган Кыргыз Республикасынын айрым мыйзам актыларына өзгөртүүлөрдү киргизүү жөнүндө) on 16 May 2023. The bill was submitted in February 2023 by several parliamentarians (Hon. Mr. Toktorbaev J.Sh, Hon. Mr. Aliyev M.K., Hon. Mr. Sulaimanov K.K., Hon. Mr. Atazhanov Y.Y., Hon. Mr. Ismailov F.D.).

According to the sponsor, several laws such as Law on State Civil Service and Municipal Service, Law on Local State Administration and Local Self-Governing Bodies, Law on the Status of the Center, Law on the Status of the City of Osh, Law on the Election of Deputies of Local Councils will be affected especially in the requirements of nominations for relevant public offices regulated under the mentioned laws. Under the bill, it is proposed to include in the laws that a person convicted of corruption and other crimes against the interest of the state and municipal service cannot be an akim (head of local government), mayor of a city, head of a village government, deputy of a local council, state civil and municipal employee, regardless of whether the conviction has been canceled in accordance with the law. The proposed restrictions aimed at effectively preventing corruption manifestations and the fight against it in state authorities. It serves as a preventive norm.

Keywords: Anti-Corruption, Public Office, Corruption at local level

Luxembourg

The Chamber of Deputies in May 2023 adopted a Law on transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The law adopted regulates matter of whistleblower protection providing a wider scope than the Directive since it covers report of breaches of Union and of Luxembourg laws. Under the law, all forms of retaliation are prohibited. The law was voted with 35 in favor of and 25 against.

Keywords: Protection of Reporting Person, Whistleblower Protection, EU Directive

Malawi

On 13 April 2023, the National Assembly of Malawi passed the Financial Crimes (Amendment) Act Bill No 10/2023. The Financial Crimes (Amendment) Act Bill was adopted during the 50th session of the Parliament which was concluded on 14 April 2023. The approval of the bill represents a giant step towards Malawi’s compliance with international recommendations to prevent and combat money laundering, terrorist financing and other financial crimes. According to the Financial Intelligence Unit Malawi, the bill seeks to address deficiencies and limitations due to the enforcement of the Financial Crimes Act in 2017.

Keywords: Anti-Corruption, Public Office, Corruption at local level

Note: Owing to the constraint in accessing the National Assembly of Malawi formal website (temporarily closed for scheduled maintenance), the Facebook page of the Parliament of Malawi is used as an alternative source of information reference. More updates will be provided once available.

Maldives

The People’s Majlis is currently deliberating a bill on Review Asset and Interest Declaration to establish standards and procedures and a legal framework for the asset declaration process. The bill was submitted in 2022 and, as of April 2023, is being reviewed by the Sub Committee of Public Accounts Committee. The bill provides sanctions to those who present false asset declaration information or even deliberately exclude asset information with a fine of up to $ 32.000 and two years of imprisonment, along with the dismissal from their state position.

Keywords: Asset Declaration, Interest Register, Public Accountability

Mongolia

Several bills related to the fight against corruption and the promotion of good governance are being discussed in the State Great Hural of Mongolia in 2023. In January 2023, the Government of Mongolia submitted a bill to amend the Law on Regulation of Public and Private Interests in Public Service and Prevention of Conflict of Interest (in Mongolian) to the Parliament. The bill’s aim is to establish clear boundaries between politics and business. To that end it will prohibit all high-ranking public officials, elected politicians and members of the parliament, and heads of agency, departments, council, central bank, committee, as well as their spouses, cohabitans, children and any related party from participating in any form of procurement activities funded by the government, state-owned companies, and international organizations’ projects and programs (see the summarized speech of the Prime Minister Mongolia).

The Parliament also in final discussion to approve Law concerning Ethics of Civil Servants, aiming to set ethical standards for civil service. The law is part of Mongolia efforts to strengthen public trusts to the government. Aside from these two legislations, a standing committee working group in the State Great Hural of Mongolia is also in discussion to deliberate a draft law on Legal Status of Whistleblower. The Government of Mongolia has decided the year 2023-2024 as the year to fight against corruption under the Decision of the Government of Mongolia No 49. Several measures are introduced to bring about reform to combat corruption including through legislation initiatives.

Keywords: Conflict of Interest, Ethics of Public Office, Against Corruption

Morocco

A bill supplementing Articles 3 and 4 of Law No 31.13 on the right of access to information is currently in its 1st reading stage of the House of Representatives of Morocco. The bill aims to expand the scope of parties who can enjoy the right of access to information. It suggests including civil society organizations or entities with legal personalities as one of the parties with the right to access public information, in addition to the previous law stipulating citizens as the right holder.

The House of Representatives also received a proposed law to create Sport Courts on 1 May 2023. The proposed bill has the main objective to create a court specifically to settle disputes in sports and any violation therein, including such as tampering on the match results. The bill is currently in its first reading session in the Committee on Education, Culture, and Communication.

Keywords: Access to Information, Civil Society, Corruption in Sports

New Zealand

New Zealand Parliament is currently deliberating Integrity Sport and Recreation Bill to deal with the threats to integrity in sport and recreation, including competition manipulation, corruption and fraud, use of prohibited substances (doping), abuse (including abuse of children), bullying, violence, harassment, intimidation, and racism and other forms of discrimination. The Social Services and Community Committee has concluded the public submission to hear more from the citizens on their opinion regarding the bill. Under the bill, a new independent entity: the Integrity Sport and Recreation Commission, will be established to, among others, prevent threats to integrity and promote, advise, and educate on integrity issues and threats to it.

Keywords: Corruption in Sports, Match Fixing, Sport Integrity

Netherland

The Dutch Senate (Eerste Kamer der Staten-Generaal) gave a green light to pass the bill amending the House for Whistleblowers Act and any other laws implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 and any other amendments (tot wijziging van de Wet Huis voor klokkenluiders en enige andere wetten ter implementatie van Richtlijn (EU) 2019/1937 van het Europees Parlement en de Raad van 23 oktober 2019 en enige andere wijzigingen) on 24 January 2023 without a plenary debate. Previously the bill was passed by the House of Representatives (Tweede Kamer der Staten-Generaal) unanimously on 20 December 2022. Under the law, most legal entities need to update the whistleblower procedures, establish or appoint an independent reporting body, provide a channel for anonymous reporting, and disseminate information to the employees regarding the channel. (See here for the legislative situation).

Keywords: Protection of Reporting Person, Whistleblower, EU Directive

Pakistan

On 15 May 2023, both houses of the Parliament (the National Assembly and the Senate) in a joint session passed the National Accountability (Amendment) 2023 Bill. The bill was passed after previously, the President returned the bill to the parliament seeking for another reconsideration upon the passing of the bill by the National Assembly on 14 April 2023 (see the bill) and the Senate on 19 April 2023 (see the bill).

Under the article 75 clause 2 of the Constitution of Pakistan, the President shall give his assent within ten days, or if fail to do so, the assent shall be deemed to have been given. Under the bill, the National Accountability Bureau, the Pakistan’s anti-graft agency, will have more powers in terms of consideration of all pending inquiries. Its chairman will have the authority to close or refer all inquiries to the relevant agency, institution, or authority.

Keywords: Anti-Corruption Body, Accountability, Specialized authorities

Paraguay

The Congress of Paraguay passed a Law on Conflict of Interest (Ley No 7089 Que Establece El Régimen de Prevención, Corrección y Sanción de Conflictos de Intereses en La Función Pública) in April 2023. The law was passed after several back-and-forth legislative processes in both chambers since 2021. Under the law, every public official who conducted public functions, temporary or permanently, paid or honorary, including persons who perform functions representing the country in international organizations, will be bound to specific prevention, correction, and sanctions regime of conflict of interest.

Public officials such as President, Congress members, Judges, to those involved in the procurement process should submit a sworn declaration of interest. The law also regulates the duty of abstention to prevent public officials from taking direct or indirect interventions and provides limitations upon departure from the public function. Sanctions for non-compliance will result in financial penalty and disqualification from holding public office for a certain period of years.

Keywords: Conflict of Interest, Public Office, Post-public office restriction

Papua New Guinea

The National Parliament of Papua New Guinea is in a deliberation to amend the Organic Law on Ombudsman Commission. On 8 June, the bill passed its second reading and will soon be in its third reading stage (two months adjournment from 8 June). Under the amendment, the dismissal period for public officials dismissed through a leadership code will be extended from three to five years. The Ombudsman’s jurisdiction will also be expanded to investigate State Services, and government bodies, including provincial and local governments supported by public monies and the State-Owned Enterprises. (See the session of 8 June for further information). (See the session of 8 June for further information).

Keywords: Ombudsman, Public Monies, Code of Conduct

Note: Further updates will be provided, pending the availability of the hansard and summary of proceeding.

Philippines

The 19th Congress of the Philippines is considering to put additional measures through a bill to promote transparent governance and instituting anti-corruption mechanisms in the operation of banks and other financial institutions by empowering Bangko Sentral ng Pilipinas (BSP) to conduct inquiry whenever there is a reasonable ground that a fraud, serious irregularity, or unlawful activity is committed within the banks or any other financial institutions. The House of Representatives approved the bill on 8 May 2023 and sent it to the Senate for concurrence. A similar bill entitled Promoting Transparent Governance in the Operation of Banks and Other Financial Institutions is also introduced in the Senate. Under both bills and several situations mentioned before, the BSP can inquire or examine deposits made by stockholders, owners, directors, trustees, officers, or employees of an entity under the BSP’s supervisory or regulatory power.

Several senators have also introduced anti-match-fixing bills aiming to protect and maintain the integrity of sports. The bills entitled An Act Prohibiting Game-Fixing and Providing Penalties for Violations Therefor and An Act Prohibiting Anti-Game-Fixing and Providing Penalties Violations are currently referred to the Senate’s Committee for further deliberation.

Keywords: Financial institutions transparency, Corruption in sports, Anti-Corruption

Republic of Korea

The National Assembly of the Republic of Korea in May 2023 unanimously passed the partial amendment to the Public Service Ethics Act obligating public officials to include virtual assets as a subject of property registration and disclosure. The inclusion of virtual assets as part of asset disclosure and registration is required to avoid any potential concealment of assets in a virtual form. The market capitalization of virtual assets in the domestic market reached 19 trillion won with an average of 3 trillion won in daily transactions as of the second half of 2022.¹ At the same time, the parliament also unanimously passed the Partial Amendment to the National Assembly Act to include virtual assets as part of the list of registered property that needs to be disclosed by lawmakers. The amendments aimed to prevent conflict of interest and enhance public trust in members of the National Assembly.

Keywords: Public Ethics, Asset Disclosure, Virtual property registration

¹National Assembly of the Republic of Korea, see the bill submission information of Public Service Ethics Act partially amended bill, assembly.go.kr,
https://likms-assembly-go-kr.translate.goog/bill/billDetail.do?billId=PRC_U2N3I0N5Q2S3F1O4X2A1R0N4H4W2Y5&_x_tr_sch=http&_x_tr_sl=ko&_x_tr_tl=id&_x_tr_hl=id&_x_tr_pto=wapp

Saint Kitts & Nevis

The National Assembly of St Kitts and Nevis on 22 February 2023 passed three key bills namely Anti-Corruption Bill 2023, Integrity in Public Life (Amendment) Bill 2023, and the Freedom of Information (Amendment) Bill 2023. The bills were passed to further strengthen the country’s agenda in the fight against corruption and in the promotion of good governance. The Anti-Corruption Bill is the most highlighted one as its adoption will lead to further defining and create criminal offences of corrupt conduct. It will also establish a Special Prosecutor to receive complaints, investigate and prosecute acts of corrupt conduct of persons in public life.

Keywords: Anti-Corruption, Public Integrity, Freedom of Information

Note: Per June 2023, Saint Kitts and Nevis is yet to be the State Party to UN Convention against Corruption (UNCAC).

Saint Lucia

Saint Lucia is ramping up its efforts to strengthen the legislative tools as the legal basis for anti-corruption and good governance measures. The Parliament of Saint Lucia (the House of Assembly and the Senate), recently, has consented to several relevant legislations such as the Money Laundering (Amendment) (Prevention) Act, the Extradition (Amendment) Act, the Mutual Assistance in Criminal Matters (Amendment) Act, and the Registration of Supervised Entities Act.

The Money Laundering (Amendment) (Prevention) Act expands legal definitions of “beneficial owner” and “ultimate own and control.” It also streamlined the virtual asset business to the newly adopted Virtual Asset Business Act No 24 of 2022.

Further amendments were also made by expanding the politically exposed persons into both international PEPs and domestic PEPs, among many others. In addition, under the Registration of Supervised Entities Act, specified persons engaged in other business activity as specified under paragraphs 2,4,5,7 and 8 of Part B of Schedule 2 of the Money Laundering (Prevention) Act, Cap 12.20¹ are required to register to the authority to comply with money laundering laws.

The Extradition (Amendment) Act is amended to expand the extraditable offences by introducing a new definition of “extradition crime” (see substitution of section 3 of the amended act). The amendment would open the possibility to cover all mandatory offences under UNCAC, so long they are included as an offence for which the maximum penalty in that country or state is death or imprisonment for a term exceeding twelve months. Previously, the Extradition Act (sects. 3 and 39) limits extraditable offences to those listed in a schedule, which includes some but not all mandatory offences under the Convention.² In addition, the Mutual Legal Assistance in Criminal Matter Act is amended to expand the scope of mutual legal assistance.

Keywords: Anti-Money Laundering, International Cooperation, Beneficial ownership

Note: Given the limited update on www.parliament.govt.lc , a review of the official gazette is conducted to ensure and verify the latest adopted Acts relevant to anti-corruption and good governance matters.

¹ Other business activity referred to here is car dealership (paragraph 2), courier service (paragraph 4), jewelry business (paragraph 5), management companies (paragraph 7), asset management, and advice of custodial services (paragraph 8) Part B of Schedule 2, Money Laundering (Prevention) Act Cap 12.20. https://attorneygeneralchambers.com/laws-of-saint-lucia/money-laundering-prevention-act/schedule-2

²Secretariat of the Conference of the State Parties to UNCAC, Saint Lucia Executive Summary: Note by the Secretariat, unodc.org, 14th session of Implementation Review Group, COSP, https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/12-16June2023/CAC-COSP-IRG-2023-CRP.3.pdf

Singapore

The Singapore Parliament, on 9 May 2023, passed amendments to the Corruption, Drug Trafficking, and Other Serious Crimes/CDSA (Confiscation of Benefits) Act 1992. The amendments introduce significant new offenses of rash and negligent money laundering. Under the new amendments, Singapore makes it an offence where a person (legal or natural) assists another to retain benefits from criminal conduct. It is also an offence where a person does so under rash or negligence in respect of the circumstances of money laundering. A full compiled version of the law can be found here.

Keywords: Anti-Money Laundering, Facilitators, Asset confiscation

Slovakia

On 10 May 2023, the National Council passed a Law amending the Whistleblower Act (54/2019) and other Acts, such as the Act on the Provision of legal aid to Persons in material need (327/2005), Act on Advocacy (586/2003), Act on Trade Entrepreneurship (455/1991) as amended by Act No 8/2005 as a means to implement the EU Whistleblower Directive. Under the Law, several amendments were made, including a broader definition of whistleblower which covers ex-employees, independent contractors, business partners, job candidates, etc. The Law also provides an expansion for retaliation protection. Persons other than the whistleblower, such as the close person of the whistleblower, the company owned/co-owned by the whistleblower, the person assisting the whistleblower report, and whistleblowing officers, are now protected from retaliation measures.

Keywords: Protection of reporting person, Whistleblower, EU Directive

Slovenia

The National Assembly of Slovenia adopted the Law on the Protection of Whistleblower (Zakon o zaščiti prijaviteljev/ZZPri) on 27 January 2023. The law establishes system mechanisms for reporting violations of applicable regulations and protecting the person reporting such violations. The law provides protection to the whistleblower such as identity protection and prohibition of retaliatory measures. Whistleblowers can receive free legal aid, unemployment compensation, psychological support, legal protection, and temporary injunctions in the event of retaliatory measures. The law is already included in the Official Gazette of the Republic of Slovenia.

Keywords: Protection of reporting person, Whistleblower protection, EU Directive

South Africa

A bill aiming to strengthen the parliamentary oversight over statutory fiscal rules entitled Responsible Spending Bill was introduced at the National Assembly of South Africa on 20 April 2023. According to its sponsor, Hon. Mr. Mohammed Haniff Hoosen, the bill is designed to promote responsible spending by obligating the Government to reduce its debt levels and its exposure to debt. Further, it strengthened the parliament’s role in reviewing fiscal rules by obligating the minister to table a fiscal report to the National Assembly. The inclusion of the public in terms of fiscal report review will be made mandatory for the National Assembly. Thus, it will increase the transparency and fiscal responsibility of the country.

Keywords: Public Finance, Transparency, Parliamentary Oversight

Spain

The Congress of Deputies on 16 February 2023 approved a draft law regulating the protection of people who report on regulatory violations and the fight against corruption after receiving several amendments to the bill passed by the Senate on 9 February. The adopted law provides measures to protect the reporting persons and its regime development. One of the highlights of the law is that it mandates the establishment of an Independent Informant Protection Authority (Autoridad Independiente de Protección del Informante/ A.A.I) as a public law entity with its own legal personality. The Authority will have several functions, including regime development and the management of external communication channels for whistleblower reporting. It is entrusted with the authority to handle disciplinary procedures and sanctions for offences related to the law. (See the details of the legislative process).

Keywords: Protection of Reporting Person, Whistleblower, Against Corruption

Sri Lanka

The Parliament of Sri Lanka is in its second reading in debating an anti-corruption bill. The bill was published in the Official Gazette on 31 March 2023. The proposed bill aims to prevent and eradicate bribery and corruption and to establish an Independent Commission to exercise and perform the powers and functions mandated by the bill. It will conduct preliminary inquiries and investigations into, and prosecute against, bribery, corruption, offences relating to the declaration of assets and liabilities, and associated offences.

The bill received several amendment proposals including from the Women Parliamentarians’ Caucus (WPC). The Chairperson of the Caucus, Hon. Dr. Sudarshini Fernandopulle, proposed one of the amendments: to amend the term ‘sexual favor’ into ‘sexual bribery’ to emphasize the gravity of the offence.

The Parliament of Sri Lanka also strengthens its democratic roles in public finance management by creating a budget office through the Parliamentary Budget Office Act No 6/2023. The PBO is created to provide support to the Parliament through the provision of independent, non-partisan analyses related to the budget, the medium-term economic and fiscal outlook, and the cost implications from a financial, revenue, and expenditure perspective of policy proposals.

Keywords: Anti-Corruption Body, Sexual Bribery, management of public finance

Tonga

Parliament of Tonga in February 2023 approved the Anti-Corruption Commissioner Amendment Bill. The proposed bill provides amendments to allow a bigger pool of people to apply for the commissioner position. The bill also provides the commissioner with remuneration and allowances to be paid with the public’s money as the Remuneration Authority recommends.

Keywords: Anti-Corruption Body, Commissioner, Against Corruption

Note: Due to limited online information, the adopted bill will be soon provided once available.

United Kingdom

The UK House of Lords is currently deliberating the Economic Crime and Corporate Transparency Bill after it passed in the third reading of the House of Commons. The bill is the second part of a UK government reform package aimed at preventing the abuse of corporate structures and tackling economic crime. The first was the Economic Crime (Transparency and Enforcement) Act 2022, which allowed the government to move faster and harder when imposing sanctions, creating a Register of Overseas Entities to help crack down on foreign criminals using UK property to launder money and reforming and strengthening the UK’s Unexplained Wealth Order regime to better support law enforcement investigations.

The current proposed bill is expected to provide reforms to Companies House, reforms to prevent the abuse of limited partnership, additional powers to seize and recover suspected criminal crypto assets, reforms to give businesses more confidence to share information in order to tackle money laundering and other economic crime, and new intelligence gathering powers for law enforcement and removal of nugatory burdens on business. The bill is currently is in deliberation at the House of Lords after passed by the House of Commons in January 2023. More information on the bill text, the passage, and its deliberations can be found here.

Keywords: Economic Crime, Register of Entities, Virtual Assets

UK Gov Policy Paper Factsheet, Economic Crime and Corporate Transparency Bill overarching, www.gov.uk, April 2023.
Note: Due to limited online information, the adopted bill will be soon provided once available.

United States

Several members of the US Congress, some of whom are members of the Congressional Caucus against Foreign Corruption and Kleptocracy (CAFCAK), re-introduced the bill on Combating Global Corruption Act in January 2023. The bill was previously introduced in 2021. The bill would require the State Department to publish a tiered ranking of foreign countries based on their government’s efforts to eliminate corruption. It outlines the minimum standards that the State Department must consider when creating the ranking, such as whether a country has criminalized corruption, adopted measures to prevent corruption, and complied with the UNCAC and other relevant international agreements. The ranking will be based on a three-tiered system with respect to the level of corruption. The bill would also request the State Department to designate an anti-corruption contract at the US diplomatic post in the two lowest-tiered countries. The contact would make efforts to promote good governance and combat corruption. Information about the progress and the bill’s content can be accessed here.

Further, in an effort to restrict former Members of Congress, former officers, and employees of Congress from taking a lobbying activity upon the completion of their service, Congressman Hon. Mr. Bill Posey introduced a bill on Public Service Integrity Act to the House of Representatives on 6 April 2023. The bill aims to establish time restrictions on all post-employment lobbying activity. Members of Congress will be banned from lobbying for five years, while former officers and employees of the Congress will get a two-year ban. More on the progress and the bill can be viewed here.

In the Senate, US Senators also introduced a bill on Foreign Aid Transparency and Accountability Enhancement Act to promote more effective oversight of U.S. foreign assistance.

The Act, upon adoption, will amend the previous Act (Foreign Aid Transparency and Accountability Act) to require U.S. foreign assistance agencies to include the following data on the dashboard: country or region, as appropriate; funding agency; managing agency; sector; total award amount; appropriations account; fiscal year or fiscal years; and implementing partners, including prime and sub-awards (more information).

Keywords: Foreign Corruption, Post-employment ban, development cooperation transparency

List of Country

ABOUT US

Regional Chapters

MEDIA

GET INVOLVED

PROGRAMS