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Up to one year in prison for failing to declare assets- Integrity Commission Act

Jul 21, 2019 News

According to the Integrity Commission Act of Guyana, persons who are required to declare their assets and have failed to do so will be fined and sentenced to imprisonment for no more than one year.
Under the laws, public officials, starting from the President, and including of members of the National Assembly, Permanent Secretaries, Ombudsman, Director of Public Prosecution, senior police and army officials, judges and magistrates, and representatives from the various state arms and agencies, have to submit a declaration of their assets.
The idea is to determine what they entered into office with and what they would have left with after serving in a certain position.
The Integrity Commission has been facing difficulties in getting public officials to comply and declare their assets. This would have resulted in their names being published in the Official Gazette as in accordance to the Act.
Moreover, Section three, part 22 of the Integrity Commission Act of 1997 speaks to the penalties and offences of none compliers of the Act.
It states the offences of none compliers are failing to make declarations, filing an incomplete declaration, failing to comply with a request and failing to attend an inquiry.
According to the Act, any person who commits these offences, “Shall be liable, on summary conviction, to a fine of twenty-five thousand dollars ($25,000) and to imprisonment for a term of not less than six months and not more than one year.”
It goes on to say, “The magistrate convicting the person shall order the person to make full disclosure of the property within a given time and on failure to comply with the order of the magistrate within the given time; the said offence shall be deemed to be a continuing offence and the person shall be liable to a further fine of ten thousand dollars ($10,000) for each day on which the offence continues.”
By means of an advertisement during the past week, the Integrity Commission sent out a notice to all specified public officers to remind them of the submission date for 2019 which is on or before August 31, 2019.

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