INTEGRITY IN PUBLIC LIFE ACT - OAS · 2009-08-19 · Integrity in Public Life Ch. 22:01 3 CHAPTER...

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act

83 of 2000

Amended by

88 of 2000

Current Authorised PagesPages Authorised

(inclusive) by L.R.O.1–64 .. 1/

INTEGRITY IN PUBLIC LIFE ACT

CHAPTER 22:01


2 Ch: 22:01 Integrity in Public Life

Index of Subsidiary Legislation

Page

Integrity in Public Life (Furnishing of Information) Regulations (LN 215/2003) … 30

Integrity in Public Life (Prescribed Forms) Regulations (LN 216/2003)… … 31

L.R.O.


Integrity in Public Life Ch. 22:01 3

CHAPTER 22:01


ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY

1. Short title and inconsistency with the Constitution.

2. Interpretation.

3. Application.

PART II

ESTABLISHMENT, POWERS AND FUNCTIONS OFINTEGRITY COMMISSION

4. Establishment of Integrity Commission.

5. Functions of the Commission.

6. Resignation.

7. Registrar.

8. Vacancy in membership.

9. Remuneration and staff.

10. Annual Report to Parliament.

PART III

FINANCIAL DISCLOSURE

11. Duty to furnish declaration.

12. Contents of declaration.

13. Request for further particulars.

14. Register of Interests.

15. Further enquiry into declarations.

16. Powers of the tribunal.

17. Matter to be referred to Director of Public Prosecutions.

18. Findings of tribunal.



ARRANGEMENT OF SECTIONS—Continued

SECTION

19. Indemnity.

20. Duty as to secrecy.

21. Offences relating to declarations.

22. Blind trust.

PART IV

CODE OF CONDUCT

23. Application of Part IV.

24. Use of office.

25. Insider information.

26. Influence.

27. Gifts.

28. Confidentiality.

29. Conflict of interest.

30. Disclosure to Service Commission.

31. Commission to report breach of this Part.

PART V

POWER OF INVESTIGATION

32. Complaints.

33. Power of Commission to investigate.

34. Special powers of investigation.

PART VI

MISCELLANEOUS

35. Protection of information.

36. Request for opinion.

37. Commission to act in public interest.

38. Notice of adverse report.

39. Exemption from liability.

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40. Power to enter contracts.

41. Regulations.

42. Income Tax Act.

43. Repeal.

44. Transitional provisions.

SCHEDULE.

SECTION



CHAPTER 22:01


An Act to provide for the establishment of the IntegrityCommission; to make new provisions for the preventionof corruption of persons in public life by providing forpublic disclosure; to regulate the conduct of personsexercising public functions; to preserve and promote theintegrity of public officials and institutions, and for mattersincidental thereto.

[6TH NOVEMBER 2000]

WHEREAS it is enacted inter alia by subsection (1) of section 13of the Constitution that an Act of Parliament to which that sectionapplies may expressly declare that it shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution and, if anyAct does so declare, it shall have effect accordingly:

AND WHEREAS it is provided by subsection (2) of the saidsection 13 of the Constitution that an Act of Parliament to whichthat section applies is one the Bill for which has been passed byboth Houses of Parliament and at the final vote thereon in eachHouse has been supported by the votes of not less than three-fifths of all the members of that House:

AND WHEREAS it is necessary and expedient that theprovisions of this Act shall have effect even though inconsistentwith sections 4 and 5 of the Constitution.

PART I

PRELIMINARY

1. (1) This Act may be cited as the Integrity in PublicLife�Act.

(2) This Act shall have effect even though inconsistentwith sections 4 and 5 of the Constitution.

83 of 2000.

Commencement.[265/2000].

Preamble.

Short title andinconsistencywith theConstitution.

L.R.O.



2. In this Act—

“assets” means all property, including money, beneficially heldin Trinidad and Tobago or elsewhere and all rights andbenefits enjoyed on a continuing basis;

“Commission” means the Integrity Commission established undersection 4;

“chairman” means the Chairman of the Commission;

“dependent child” means the child of a person, including a childof the family, step-child or adopted child, whether of fullage or not, who is unmarried and being maintained bysuch person;

“income” means all income, from whatever source derivedacquired in or out of Trinidad and Tobago, whether directlyor indirectly, as money or money’s worth and includes allreceipts by way of salary, fees, wages, perquisites, profits,gains, emoluments, rents, interest, commissions, bonus,pension, annuity or benefit and all income within themeaning of the Income Tax Act;

“investigating officer” means a person authorised by theCommission to exercise the powers of an investigatingofficer under this Act;

“liability” includes any obligation to pay or transfer money ormoney’s worth in Trinidad and Tobago or elsewhere;

“person in public life” means a person referred to or listed inthe Schedule;

“persons exercising public functions” includes all persons holdingoffice under the Public Service, Judicial and Legal Service,Police Service, Teaching Service and Statutory Authorities’Service Commission, as well as members of the DiplomaticService and Advisers to the Government;

“public body” includes local and public authorities of alldescriptions;

“public officer”’ has the meaning ascribed to it in section 3 ofthe Constitution;

Interpretation.[88 of 2000].

Ch. 75:01.



“spouse” in relation to a person in public life means a person towhom the person in public life is married or living with in aconjugal relationship outside of marriage, but does notinclude a person with whom the person in public life hasmade a separation agreement, or if their support obligationsand family property have been dealt with by a Court order;

“tribunal” means a tribunal established under section 15.

3. This Act applies to every person in public life and topersons exercising public functions.

PART II

ESTABLISHMENT, POWERS AND FUNCTIONS OFINTEGRITY COMMISSION

4. (1) There is established an Integrity Commissionconsisting of a Chairman, Deputy Chairman and three othermembers who shall be persons of integrity and high standing.

(2) At least one member of the Commission shall be anattorney-at-law of at least ten years experience.

(3) At least one member of the Commission shall be achartered or certified accountant.

(4) The Chairman and other members of the Commissionshall be appointed by the President after consultation with the PrimeMinister and the Leader of the Opposition.

(5) A person shall not be qualified to hold office as amember of the Commission where he is a person in public life or aperson exercising a public function or a person who is not a citizenof Trinidad and Tobago.

(6) Three members of the Commission of whom one shallbe the Chairman or Deputy Chairman, shall constitute a quorum.

5. (1) The Commission shall—(a) carry out those functions and exercise the powers

specified in this Act;

Application.

Establishment ofIntegrityCommission.

Functions of theCommission.

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(b) receive, examine and retain all declarations filedwith it under this Act;

(c) make such enquiries as it considers necessary inorder to verify or determine the accuracy of adeclaration filed under this Act;

(d) compile and maintain a Register of Interests;(e) receive and investigate complaints regarding any

alleged breaches of this Act or the commissionor any suspected offence under the Prevention ofCorruption Act;

(f) investigate the conduct of any person falling underthe purview of the Commission which, in theopinion of the Commission, may be considereddishonest or conducive to corruption;

(g) examine the practices and procedures of publicbodies, in order to facilitate the discovery ofcorrupt practices;

(h) instruct, advise and assist the heads of publicbodies of changes in practices or procedureswhich may be necessary to reduce the occurrenceof corrupt practices;

(i) carry out programs of public education intendedto foster an understanding of standard ofintegrity; and

(j) perform such other functions and exercise suchpowers as are required by this Act.

(2) In the exercise of its powers and performance of itsfunctions under this Act, the Commission—

(a) shall not be subject to the direction or control ofany other person or authority;

(b) may in all cases where it considers it appropriateto do so, make use of the services or draw uponthe expertise of any law enforcement agency orthe Public Service; and

Ch. 11:11.



(c) shall have the power to authorise investigations,summon witnesses, require the production ofany reports, documents, other relevantinformation, and to do all such things as itconsiders necessary or expedient for thepurpose of carrying out its functions.

6. (1) A member of the Commission may at any time resignhis office by instrument in writing addressed to the Chairman whoshall forthwith cause it to be forwarded to the President; and theChairman may resign his office by instrument in writing addressedto the President.

(2) A person shall cease to be a member of theCommission from the date of the receipt of the instrument bythe President.

7. (1) There shall be a Registrar to the Commission whoshall be a public officer.

(2) The duties of the Registrar shall be—(a) to attend the meetings of the Commission;(b) to record the proceedings of the Commission

and keep the minutes of each meeting in properform; and

(c) generally to perform such duties connected withthe work of the Commission as the Commissionmay require.

8. (1) A vacancy in t he member sh ip o f t heCommission occurs—

(a) on the death, resignation or revocation of theappointment of a member;

(b) on the absence of a member from threeconsecutive meetings of the Commission, unlessthe absence is approved by the President afterconsultation with the Chairman; or

(c) on the expiration of the term specified in amember’s instrument of appointment.

Resignation.

Registrar.

Vacancy inmembership.

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(2) A member of the Commission may be removed fromoffice by the President acting in his discretion for inability todischarge the functions of his office whether arising from infirmityof mind or body or any other cause, or for misbehaviour.

(3) The appointment of a member of the Commissionand the termination of his appointment whether by death,resignation or otherwise shall be published in the Gazette.

9. (1) The salaries and allowances of the Chairman, othermembers of the Commission and the Registrar shall be determinedby the Salaries Review Commission.

(2) The Commission shall be provided with adequatestaff for the prompt and efficient discharge of its functionsunder the Act.

(3) The staff of the Commission shall be public officersappointed in accordance with section 121 of the Constitution andthe President may create such different grades of investigatingofficers as he thinks fit.

(4) All expenses incurred by the Commission for thepurposes of this Act shall be a charge on the Consolidated Fund.

(5) The Commission shall appoint or employ, on suchterms and conditions as it thinks fit, any such other officers andemployees as it thinks necessary for the proper carrying out of itsfunctions under this Act;

(6) The appropriate Service Commission may approve thetransfer of any officer in the Public Service to any office withinthe Commission and any public officer so transferred shall, inrelation to gratuity, pension or other allowances, be treated ascontinuing in the service of the Government.

10. The Commission shall, not later than 31st March in eachyear, make a report to Parliament of its activities in the precedingyear and the report shall be tabled in the Senate and the House ofRepresentatives not later than 31st May, so, however, that thereports shall not disclose particulars of any declaration filed withthe Commission.

Remunerationand staff.

Annual Reportto Parliament.



PART III

FINAL DISCLOSURE

11. (1) A person shall, within three months of becoming aperson in public life, complete and file with the Commission in theprescribed form, a declaration of his income, assets and liabilities inrespect of the previous year and, thereafter, on 31st May in eachsucceeding year that he is a person in public life, he shall file furtherdeclarations of his income, assets and liabilities.

(2) Notwithstanding the provisions of subsection (1), theCommission may, in any particular case, for good cause, extendthe time for the furnishing of a declaration for a period notexceeding six months.

(3) The declaration shall be in such form as theCommission may from time to time prescribe and may beaccompanied, if the declarant so wishes, by a statement relating tohis net worth as indicated by details of his income, assets andliabilities.

(4) The declaration shall be filed irrespective of the factthat during the year in respect of which the declaration is required,or in the following year, the declarant ceased to be a person inpublic life.

(5) Where a person in public life dies, there shall be noobligation on the administrator of his estate to file the declarationwhich he would have been required to file, had he lived.

(6) Where a person who is required to do so fails to file adeclaration in accordance with this section or without reasonablecause, fails to furnish particulars in accordance with section 13 orfails to file the statement of registrable interests under section 14,the Commission shall publish such fact in the Gazette and at leastone daily newspaper in circulation in Trinidad and Tobago.

(7) The Commission may, at any time after the publicationreferred to in section (6), make an ex parte application to the HighCourt for an order directing such person to comply with the Actand the Court may in addition to making such an order, imposesuch conditions as it thinks fit.

Duty to furnishdeclaration.

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(8) A person who fails to comply with the directions ofthe Court, commits an offence and is liable on conviction to a fineof one hundred and fifty thousand dollars.

12. (1) A declaration required under this Act, shall includesuch particulars as are known to the declarant, of the income, assetsand liabilities of himself, his spouse and his dependent children.

(2) Notwithstanding subsection (1), where—(a) the spouse was not ordinarily living with the

declarant for a continuous period of six monthsduring the period in relation to which thedeclaration was made; or

(b) a dependent child was not ordinarily living withthe declarant at any time during the period inrelation to which the declaration was made,

the particulars required to be furnished by subsection (1) shall belimited to assets held by the spouse or child in trust for, or as agentof the declarant, except that nothing in this section shall beconstrued as precluding the Commission from requiring from adeclarant, any additional particulars.

(3) Where a person in public life holds money or otherproperty in trust for another person, he shall so state in hisdeclaration but shall not be required to disclose the terms ofthe trust.

(4) For the purposes of a declaration under this Act, theincome, assets and liabilities of a person in public life include theincome, assets and liabilities acquired, held or incurred by anyother person as his agent or on his behalf.

(5) Where in a declaration filed with the Commission, aperson in public life discloses an income which is insufficient tosupport the accretion in value of the net assets disclosed so as toraise the inference that there must have been other income toaccount for the extent of the acquisition of such assets, the personin public life will be deemed to have been in possession of suchincome which has not been disclosed and the onus shall be on himto establish the source of that further income.

Contents ofdeclaration.



13. (1) The Commission shall examine every declaration thatis filed and ensure that it complies with the requirements of theAct, and may request from a declarant, any information orexplanation relevant to a declaration made by him and which wouldassist in its examination.

(2) The Commission may require that—(a) a declarant furnish such particulars relating to his

financial affairs as may be considered necessary;(b) a declarant or his duly appointed agent attend at

the offices of the Commission in order to verifyhis declaration;

(c) a declaration be certified by a chartered orcertified accountant.

(3) Where, upon an examination under subsection (1), theCommission is satisfied that a declaration has been fully made, itshall forward to the person in public life, a Certificate ofCompliance.

14. (1) A person in public life shall file with his declarationunder section 11, an additional statement of registrable interests inthe prescribed form, which shall contain the information requiredby subsection (3).

(2) The Registrar of the Commission shall compile andcause to be entered in a Register of Interests, all informationfurnished pursuant to subsection (1) and shall at the request of anymember of the public, permit the inspection of such Register.

(3) A statement of registrable interests filed undersubsection (1) shall contain information relating to a person inpublic life in respect of—

(a) particulars of any directorships held in anycompany or other corporate body;

(b) particulars of any contract made with the State;(c) the name or description of any company,

partnership or association in which the person isan investor;

Request forfurtherparticulars.

Register ofInterests.

L.R.O.



(d) a concise description of any trust to which theperson is a beneficiary or trustee;

(e) beneficial interest held in any land;(f) any fund to which the person contributes;(g) particulars of any political, trade or professional

association to which the person belongs;(h) particulars relating to sources of income; and(i) any other substantial interest whether of a

pecuniary nature or not, which he considers mayappear to raise a material conflict between hisprivate interests and his public duty.

(4) A person in public life shall notify the Registrar ofany changes which may occur in his registrable interests, withinsix weeks of such change occurring.

(5) Nothing in this section shall be taken to requiredisclosure of the actual amount or extent of any financial benefit,contribution or interests.

15. Where upon the examination referred to in section 13, theCommission is of the opinion that it should enquire further intoany declaration so as to ascertain whether there has been a fulldisclosure, it may advise the President to appoint a tribunal of twoor more of its members to conduct an enquiry to verify the contentsof the declaration or the statement filed with the Commission.

16. (1) A tribunal appointed under section 15 may—(a) request in writing, that a person in public life or

any other person who the tribunal reasonablybelieves has knowledge of the matters to beenquired into in accordance with this Act, attendbefore the tribunal and furnish such furtherinformation and documents as it may require,within such time as may be specified;

(b) subject to section 17(2), require the Commissionerof Police or any other public officer, to makeavailable to it, any information received in the

Further enquiryintodeclarations.

Powers of thetribunal.[88 of 2000].



course of any investigation carried out into thesubject matter of an enquiry under this Act, andmay direct the Commissioner of Police or suchother officer to make such further enquiries andinvestigations as it thinks necessary; and

(c) summon witnesses, require the production ofdocuments and do all such things as it considersnecessary or expedient for the purpose of carryingout its functions.

(2) In conducting an enquiry under section 15, the tribunalshall have and exercise the powers of a Commission of Enquiryunder the Commissions of Enquiry Act, save that its proceedingsshall be held in private.

(3) An enquiry under section 15 or an investigation underPart V may be held in relation to—

(a) a person, who within the meaning of this Act,ceases to be a person in public life or a personexercising a public function; and

(b) a person who was a person in public life underthe former Act.

(4) In this section, “former Act” means the Integrity inPublic Life Act, 1987, repealed by section 43.

17. (1) Where the Commission is satisfied, on the basis of anenquiry conducted under section 15 that—

(a) a breach of any of the provisions of this Act hasbeen committed, it shall take such action as itdeems appropriate; or

(b) an offence has been committed, it shall—(i) forthwith refer the matter to the Director

of Public Prosecutions together with acertified copy of the declaration in questionand a report of its findings; and

(ii) forward to the President, a report ofits findings.

Ch. 19:01.

8 of 1987.

Matters to bereferred toDirector ofPublicProsecutions.

L.R.O.



(2) Where the Commission determines that the subjectmatter of an enquiry under section 15 is—

(a) under investigation by the police or that a chargehas been laid; or

(b) the subject matter of any proceedings in a Courtof law,

the Commission shall hold its own enquiry in abeyance, pendingfinal disposition of that investigation and those proceedings.

18. Where, from an enquiry under section 15, a tribunal findsthat a declarant had in fact made full disclosure in his declaration,it shall, if so requested in writing by the declarant, publish astatement to that effect in the Gazette.

19. Where upon an enquiry a tribunal finds that the declarationwhich gave rise to the enquiry was in fact full and proper, thedeclarant is entitled to be indemnified in respect of all reasonableexpenses as approved by the tribunal.

20. (1) Declarations filed with the Commission and therecords of the Commission in respect of those declarations aresecret and confidential and shall not be made public, except wherea particular declaration or record is required to be produced for thepurpose of or in connection with any Court proceedings against,or enquiry in respect of a declarant under this Act, the Perjury Act,the Prevention of Corruption Act, the Exchange Control Act or theCommissions of Enquiry Act.

(2) Where a declaration filed with the Commission isrequired to be produced for the purpose of any proceedings undersubsection (1), a copy of the declaration certified by the Registrarmay be delivered to the Director of Public Prosecutions upon anapplication being made by way of affidavit.

(3) The copy referred to in subsection (2) shall beadmissible in any proceedings under subsection (1) and shall beprima facie evidence of the contents thereof.

Findings oftribunal.

Indemnity.

Duty as tosecrecy.

Ch. 11:14.Ch. 11:11.Ch. 79:50.Ch. 19:01.



(4) Every member of the Commission and every personperforming any function in the service of, or as an employee of theCommission shall treat all declarations and records and informationrelating to such declarations and information as secret andconfidential and shall make and subscribe to an oath of secrecy tothat effect before a Justice of the Peace.

(5) Every person required under subsection (4) to dealwith matters specified therein as secret and confidential who atany time communicates or attempts to communicate suchinformation or anything contained in such documents to any personother than a person to whom he is authorised under this Act, shallbe guilty of an offence and be liable on summary conviction to afine of two hundred and fifty thousand dollars and ten yearsimprisonment.

21. (1) A person in public life who—(a) fails, without reasonable cause, to furnish to the

Commission a declaration, or further particularswhich he is required to furnish in accordance withthe provisions of the Act;

(b) knowingly makes a declaration that is false;(c) fails, without reasonable cause to give such

information or explanation as the Commission ora tribunal may require;

(d) fails, without reasonable cause to attend anenquiry being conducted by a tribunal appointedunder section 15 or knowingly gives falseinformation in such enquiry,

is guilty of an offence, and liable on summary conviction to a fineof two hundred and fifty thousand dollars and to imprisonment fora term of ten years.

(2) Where, a person in public life is deemed to have beenin possession of undisclosed income or assets and fails to accountfor such further income or assets, or where upon an enquiry, it isdetermined that such other income or assets have existed and theperson in public life deliberately omitted to disclose such

Offencesrelating todeclarations.[88 of 2000].

L.R.O.



information in the declaration filed with the Commission, he shallbe liable on summary conviction to a fine of two hundred and fiftythousand dollars and imprisonment for a term of ten years, andwhere the offence involves the deliberate non-disclosure of propertythe Court may in addition—

(a) where the property involved is situated in Trinidadand Tobago, declare that it be forfeited tothe�State;

(b) where the property involved is situated outsideof Trinidad and Tobago, order that an amountequivalent to the value of the property (the valueto be assessed as directed by the Court), be paidby the person in public life to the State.

(3) Property acquired from a person referred to insubsection (1) by a bona fide purchaser for value without notice ofany offence of that person as provided for in this section is notliable to forfeiture, but an amount equivalent to the value of theproperty or the price paid by the purchaser, whichever is greater,shall be paid by the person in public life to the State.

(4) Payment of all sums due to the State pursuant toparagraph (b) of subsection (1) or to subsection (2) may be enforcedin like manner as a debt due to the State and any proceedingsthereon on behalf of the State may be taken summarily.

(5) No prosecution of an offence under this Act other thanan offence under section 20(5), may be instituted without the writtenconsent of the Director of Public Prosecutions.

22. (1) Where it appears to the Commission that a breach ofthis Act may have been committed or a conflict of interest mayhave arisen, it shall order a person in public life to place his assetsor part thereof in a blind trust for the purposes of this Act on suchterms and conditions as the Commission considers appropriate andfile a copy of the trust deed with the Commission.

(2) Where the assets of a person in public life are placedin a blind trust, he need not in his declaration give more particularsof those assets than the amount and description of these assetsplaced in that trust and the date of so doing.

Blind trust.



(3) Notwithstanding any other law relating to the dutiesof trustees, a trust company managing the assets of a person inpublic life by way of a blind trust shall reply fully to any enquiriesof the Commission relating to the nature and management of theassets in the blind trust.

(4) A blind trust is created when a person in publiclife enters into an agreement with a qualified trust companywhereby—

(a) all or any part of his assets are conveyed to thetrust company for its management, administrationand control, in its absolute discretion withoutrecourse or report to the persons beneficiallyentitled to those assets;

(b) income derived from the management of theassets is to be distributed to him as agreed;

(c) should the assets be converted into other assets,that fact is not to be communicated to him, untilhe ceases to be a person in public life; and

(d) after he ceases to be a person in public life,proper and full accounting is to be made to him,as the circumstances of the management of thetrust require.

(5) A trust company is a qualified trust company where—(a) it is incorporated in Trinidad and Tobago and is

carrying on business in Trinidad and Tobago;(b) no more than five per cent of the issued shares in

the trust company or its affiliates is held by theperson in public life entering into an agreementwith it, or by any other person associated withhim; and

(c) the person in public life holds no directorship oroffice in the trust company or its affiliates.

(6) A company is the affiliate of another where it holdsmore than five per cent of the issued shares in it.

L.R.O.



(7) For the purposes of this section, a person is associatedwith another where that other is—

(a) the spouse or child of the person;(b) the partner of the person in a profession, trade, or

commercial undertaking; or(c) a corporation and any person mentioned in

paragraphs (a) to (b) controls the corporation, itsholding corporation or a corporation affiliatedwith either.

(8) In subsection (7)—(a) “child” means a child whether of full age or not

and includes a child of the family within themeaning of the Matrimonial Proceedings andProperty Act;

(b) “control” shall be construed in accordance with Rule 3of the Third Schedule of the Corporation Tax Act.

PART IV

CODE OF CONDUCT

23. This Part applies to a person in public life and to all personsexercising public functions.

24. (1) A person to whom this Part applies shall ensure that heperforms his functions and administers the public resources for whichhe is responsible in an effective and efficient manner and shall—

(a) be fair and impartial in exercising his public duty;(b) afford no undue preferential treatment to any

group or individual;(c) arrange his private interests whether pecuniary

or otherwise in such a manner as to maintainpublic confidence and trust in his integrity.

(2) A person to whom this Part applies shall not—(a) use his office for the improper advancement of

his own or his family’s personal or financialinterests or the interest of any person;

Ch. 45:51.

Ch. 75:02.

Application ofPart IV.

Use of office.



(b) engage in any transaction, acquire any positionor have any commercial or other interest that isincompatible with his office, function and dutyor the discharge thereof;

(c) use public property or services for activities notrelated to his official work; or

(d) directly or indirectly use his office forprivate gain.

(3) No person to whom this Part applies shall be a partyto or shall undertake any project or activity involving the use ofpublic funds in disregard of the Financial Orders or otherRegulations applicable to such funds.

25. A person to whom this Part applies shall not useinformation that is gained in the execution of his office and whichis not available to the general public to further or seek to furtherhis private interests.

26. A person to whom this Part applies shall not use his officeto seek to influence a decision made by another person or publicbody to further his own private interests.

27. (1) A person to whom this Part applies shall not accept afee, gift or personal benefit, except compensation authorised bylaw, that is connected directly or indirectly with the performanceof his or her duties of office.

(2) Subsection (1) does not apply to a gift or personalbenefit that is received as an incident of the protocol or socialobligations that normally accompany the responsibilities of office.

(3) Where, however, a gift or personal benefit referred toin subsection (2) exceeds two thousand dollars in value or wherethe total value received directly or indirectly from one source inany twelve-month period exceeds two thousand dollars, a personin public life shall file with his declaration, a statement indicatingthe nature of the fee, gift or benefit, its source and the circumstancesunder which it was given or accepted.

Insiderinformation.

Influence.

Gifts.

L.R.O.



28. Matters of a confidential nature in the possession of personsto whom this Part applies, shall be kept confidential unless theperformance of duty or the needs of justice strictly require otherwise,and shall remain confidential even after separation from service.

29. (1) For the purposes of this Act, a conflict of interest isdeemed to arise if a person in public life or any person exercising apublic function were to make or participate in the making of a decisionin the execution of his office and at the same time knows or oughtreasonably to have known, that in the making of the decision, there isan opportunity either directly or indirectly to further his private interestsor that of a member of his family or of any other person.

(2) Where there is a possible or perceived conflict ofinterest, a person to whom this Part applies, shall disclose hisinterest in accordance with prescribed procedures and disqualifyhimself from any decision-making process.

30. A person holding office under the Public Service, Judicialand Legal Service, Police Service, Teaching Service or StatutoryAuthorities’ Service Commission, shall upon his appointment, andfrom time to time as may be required, declare to the appropriateCommission in such form as may be prescribed—

(a) all business, commercial and financial interestsand activities in which he is engaged; and

(b) all personal property, assets and liabilities in respectof himself, his spouse and dependent children,

provided that all information so given shall be treated as confidential.

31. (1) The Commission shall report any breach of this Partto the appropriate Service Commission, Board or other Authorityand to the Director of Public Prosecutions setting out such detailsand particulars as it thinks fit.

(2) The appropriate Service Commission, Board or otherAuthority may take such disciplinary action in relation to a reportmade pursuant to subsection (1) as it thinks appropriate in anyparticular case.

Confidentiality.

Conflict ofinterests.

Disclosure toServiceCommission.

Commission toreport breach ofthis Part.[88 of 2000].



(3) The Commission shall report to the Director of PublicProsecutions, any breach of this part by a Member of Parliament.

PART V

POWER OF INVESTIGATION

32. (1) A member of the public who wishes to allege or makea complaint that a person in public life or any person exercising apublic function—

(a) is in contravention of this Act;(b) in relation to the Register of Interests, has a

conflict of interest; or(c) is committing or has committed an offence under

the Prevention of Corruption Act,

may do so in writing to the Commission.

(2) Any person who knowingly and mischievously makesor causes to be made a false report to the Commission or misleadsthe Commission by giving false information or by making falsestatements or accusations shall be guilty of an offence and liableon conviction to a fine of five hundred thousand dollars and toimprisonment for ten years.

33. The Commission—(a) may on its own initiative; or(b) shall upon the complaint of any member of the

public, consider and enquire into any allegedbreaches of the Act or any allegations of corruptor dishonest conduct.

34. (1) In carrying out its function under section 33, theCommission may—

(a) authorise an investigating officer to conduct anenquiry into any alleged or suspected offence;

(b) require any person, in writing, to produce, withina specified time, all books, records, accounts,reports, data, stored electronically or otherwise,or any other documents relating to the functionsof any public or private body;

Complaints.[88 of 2000].

Power ofCommission toinvestigate.

Special powersof investigation.

L.R.O.



(c) require any person, within a specified time, toprovide any information or to answer any questionwhich the Commission considers necessary inconnection with any enquiry or investigationwhich the Commission is empowered to conductunder this Act;

(d) require that any facts, matters or documentsrelating to the allegations or breach, be verifiedor otherwise ascertained by oral examination ofthe person making the complaint; or

(e) cause any witness to be summoned and examinedupon oath.

(2) Where, in the course of any enquiry the Commissionis satisfied that there is a need to further expedite its investigations,it may exercise the following powers:

(a) require any person to furnish a statement in writing—(i) enumerating all movable or immovable

property belonging to or possessed by himin Trinidad and Tobago or elsewhere, orheld in trust for him, and specifying the dateon which each such property was acquiredand the consideration paid therefore, andexplaining whether it was acquired by wayof purchase, gift, inheritance or otherwise;

(ii) specifying any monies or other propertyacquired in Trinidad and Tobago orelsewhere or sent out of Trinidad andTobago by him or on his behalf during aspecified period;

(b) require any person to furnish, notwithstanding theprovisions of any other written law to the contrary,all information in his possession relating to theaffairs of any suspected person being investigatedand to produce or furnish any document or truecopy of any document relating to the person underinvestigation and which is in the possession orunder the control of the person required to furnishthe information;



(c) require the manager of any bank, or financialinst i tut ion, in addit ion to furnishinginformation specified in paragraph (b), tofurnish any information or certified copies, ofthe accounts or the statement of accounts atthe bank or financial institution of any personbeing investigated.

(3) A person who fails or refuses to disclose any suchinformation or to produce any such documents, commits an offenceand is liable to a fine of one hundred and fifty thousand dollarsand imprisonment for a term of three years.

(4) Any person who knowingly misleads the Commission,or an investigating officer of the Commission, by giving falseinformation, commits an offence and is liable on conviction to afine of two hundred and fifty thousand dollars and imprisonmentfor a term of five years.

(5) Where after the conduct of an investigation, theCommission is satisfied that there are reasonable grounds forsuspecting that an offence has been committed, it shall make areport to the Director of Public Prosecutions who may take suchaction as he thinks appropriate.

PART VI

MISCELLANEOUS

35. (1) The records of the Commission and any informationrevealed by a witness or by the production of documents, shall notbe disclosed other than to such extent as may be necessary for thepurpose of proceedings in any Court relating to a charge under thisAct, the Prevention of Corruption Act or any other written law.

(2) Any member of the Commission and any person inthe service of the Commission who discloses or attempts to discloseto any person other than a person to whom he is authorised underthe Act, any information or evidence received by the Commissionunder this Part, shall be guilty of an offence and liable on summaryconviction to a fine of two hundred and fifty thousand dollars andto imprisonment for five years.

Protection ofinformation.[88 of 2000].

Ch. 11:11.

L.R.O.



36. (1) A person in public life or a person exercising a publicfunction may by application in writing, request the Commissionto give an opinion and make recommendations on any matterrespecting his own obligations under this Act.

(2) The Commission may make such enquiries as itconsiders appropriate and provide the person making theapplication with a written opinion and recommendations.

(3) The opinion and recommendations of the Commissionshall be privileged information which may be released only withthe consent of the person making the application.

37. The Commission may on its own initiative consider anymatter with respect to the duty or obligation of a person under thisAct, where in its opinion it is in the public interest to do so.

38. No report concluding that a person to whom this Actapplies has failed without reasonable justification to fulfil a dutyor obligation under this Act shall be made until reasonable noticehas been given to such person of the alleged failure and the personhas been allowed full opportunity to be heard either in person orby an attorney-at-law.

39. No member of the Commission shall be liable to any actionor suit for any matter or thing done by him under this Act.

40. The Commission may for specific projects orinvestigations enter into contracts for the services of personshaving technical or specified knowledge of any matter relatingto the work of the Commission.

41. (1) The Commission may make Regulations prescribing—(a) the manner in which enquiries may be carried out

and any matters incidental to or consequentialupon such enquiries;

(b) the standard or criteria for the initiation ofsuch enquiries;

Request foropinion.

Commission toact in publicinterest.

Notice ofadverse report.

Exemption fromliability.

Power to entercontracts.

Regulations.[88 of 2000].



(c) the manner in which information received fromthe public would be assessed and verified;

(d) the form of declaration to be submitted and anyadditional forms which have been prescribed orwhich may become necessary;

(e) the period within which any information ordocument required by the Commission should befurnished or produced;

(f) (Deleted by Act No. 88 of 2000);(g) any matter or thing in respect of which it may be

necessary to make Regulations for carrying thisAct into effect.

(2) Regulations made under subsection (1) shall be subjectto affirmative resolution of Parliament.

42. For the purpose of the Income Tax Act, all outgoingexpenses reasonably incurred in the year of income by a personin public life in connection with the preparation of a statutorydeclaration required to be furnished by him for the purposesof this Act, are deemed to be incurred by him wholly,exclusively and necessarily in the production of his incomefor that year of income.

43. The Integrity in Public Life Act, 1987 is hereby repealed.

44. Where anything has been commenced by or under theauthority of the Integrity Commission under the Integrity inPublic Life Act, 1987, repealed by this Act, such thing may becarried out and completed by or under the authority of theIntegrity Commission.

Income Tax Act.Ch. 75:01.

Repeal.8 of 1987.

Transitionalprovisions.

L.R.O.



SCHEDULE

PERSONS IN PUBLIC LIFE

1. Members of the House of Representatives.

2. Ministers of Government.

3. Parliamentary Secretaries.

4. Members of the Tobago House of Assembly.

5. Members of Municipalities.

6. Members of Local Government Authorities.

7. Senators.

8. Judges and Magistrates appointed by the Judicial and Legal ServiceCommission.

9. Members of the Boards of all Statutory Bodies and State Enterprisesincluding those bodies in which the State has a controlling interest.

10. Permanent Secretaries and Chief Technical Officers.

[88 of 2000].

(Section 2).



SUBSIDIARY LEGISLATION

INTEGRITY IN PUBLIC LIFE (FURNISHING OFINFORMATION) REGULATIONS

made under section 41(1)(e)

1. These Regulations may be cited as the Integrity in PublicLife (Furnishing of Information) Regulations.

2. In these Regulations, “the Act” means the Integrity inPublic Life Act.

3. The period for furnishing or producing any informationor document required by the Commission, not otherwise specifiedunder sections 11(1), 14(1) or any other provision of the Act shallbe within fourteen days of the declarant’s receipt of theCommission’s request.

215/2003.

Citation.

Interpretation.

Period forfurnishingcertaininformation.

L.R.O.


Integrity in Public Life Ch. 22:01 31[Subsidiary]

INTEGRITY IN PUBLIC LIFE (PRESCRIBED FORMS)REGULATIONS

made under section 41(1)(d)

1. These Regulations may be cited as the Integrity in PublicLife (Prescribed Forms) Regulations.

2. In these Regulations, “the Act” means the Integrity inPublic Life Act.

3. The forms required to be prescribed under the sections setout in Column 1 of the following Table are indicated in Column 2of the said Table and set out in the Schedule:

COLUMN 1 COLUMN 2

Section Form

11(1) A, B

13(3) C

20(4) D, E

216/2003.

Citation.

Interpretation.

PrescribedForms.


32 Ch. 22:01 Integrity in Public Life[Subsidiary] Integrity in Public Life (Prescribed Forms) Regulations

RE

PU

BL

IC O

F T

RIN

IDA

D A

ND

TO

BA

GO

INT

EG

RIT

Y C

OM

MIS

SIO

N

The

Int

egri

ty in

Pub

lic L

ife

Act

, Ch

22:0

1

DE

CL

AR

AT

ION

OF

IN

CO

ME

, A

SSE

TS

AN

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ILIT

IES

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suan

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sect

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11 o

f the

Int

egri

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Pub

lic

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ct, C

h. 2

2:01

)

(Ple

ase

read

the

inst

ruct

ions

bef

ore

com

plet

ing

this

form

)

(If

ther

e is

insu

ffic

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spa

ce f

or t

he it

ems

falli

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nder

any

PA

RT

,ad

diti

onal

info

rmat

ion

may

be

supp

lied

on s

epar

ate

shee

ts).

SCH

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UL

E

(Reg

ulat

ion

3)C

ON

FID

EN

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L

FO

RM

A

L.R.O.


Integrity in Public Life Ch. 22:01 33Integrity in Public Life (Prescribed Forms) Regulations [Subsidiary]

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—

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Tel

epho

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Hom

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Off

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:

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e-m

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PA

RT

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SPO

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EP

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NC

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L.R.O.



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L.R.O.



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NO

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of

The

Int

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ubli

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all

inc

ome,

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eriv

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oney

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orth

and

inc

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y w

ay o

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IN

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trus

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nuit

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—Se

e N

ote

belo

w.

L.R.O.



DE

CL

AR

AN

T’S

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T O

F A

NY

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T,

FE

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OR

PE

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L B

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IT[P

UR

SUA

NT T

O S

EC

TIO

N 2

7(3)

OF

TH

E A

CT]

Com

plet

e th

is s

tate

men

t if

you

have

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gift

, fee

or

pers

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efit

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the

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$2,

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the

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s $2

,000

.00.

Dat

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Rec

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Val

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ame

and

Add

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Don

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ift,

Fee

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Ben

efit

Des

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h gi

ft, f

ee o

r be

nefi

t lis

ted

abov

e w

as g

iven

or

acce

pted

.

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PA

RT

III

DE

TA

ILS

OF

ASS

ET

S

( OF D

EC

LA

RA

NT, S

PO

USE

AN

D D

EP

EN

DE

NT

CH

ILD

RE

N)

1. R

EA

L P

RO

PE

RT

Y

1.1

LA

ND

AN

D B

UIL

DIN

GS

(in

clud

ing

tow

nhou

ses

and

con

dom

iniu

ms )

Add

ress

and

Des

crip

tion

of

Pro

pert

yin

clud

ing

Lan

d an

d F

loor

Are

asD

ate

ofA

cqui

siti

on

Ori

gina

lC

ost

$

Cos

t of

Add

itio

ns$

Est

imat

ed V

alue

as a

tD

ec. 3

1, 2

0 ...

..$

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

L.R.O.



1.2

LA

ND

(W

itho

ut B

uild

ings

)

Add

ress

, Des

crip

tion

and

Are

a of

Lan

dD

ate

ofA

cqui

siti

on

Ori

gina

lC

ost

$

Est

imat

ed V

alue

as a

tD

ec. 3

1, 2

0 ...

..$

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)



2. A

MO

UN

TS

HE

LD

IN

BA

NK

S A

ND

FIN

AN

CIA

L I

NS

TIT

UT

ION

S (

not i

nclu

ding

Uni

t Tru

st a

nd M

utua

l Fun

ds)

Nam

e an

d A

ddre

ss o

f In

stit

utio

nT

ype

of A

ccou

ntA

ccou

nt N

umbe

rB

alan

ce a

s at

Dec

. 31,

20

....

$

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

L.R.O.



3. U

NIT

TR

US

T A

ND

MU

TU

AL

FU

ND

S

Nam

e an

d A

ddre

ss o

f In

stit

utio

nIn

Who

se N

ame

Hel

d(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)N

umbe

r of

Uni

ts H

eld

Val

ue a

s at

Dec

. 31,

20

....

$



4. C

AS

H A

ND

VA

LU

AB

LE

S H

EL

D I

N S

AF

ET

Y D

EP

OS

IT B

OX

ES

Nam

e an

d A

ddre

ss o

f In

stit

utio

nIn

Who

se N

ame

Hel

d(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)D

escr

ipti

on o

f C

ash/

Val

uabl

esV

alue $

L.R.O.



5. L

IFE

IN

SU

RA

NC

E P

OL

ICIE

S

Com

pany

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Typ

e of

Pol

icy

Sum

Ass

ured

$

Cas

h Su

rren

der

Val

ue $

Ann

ual P

rem

ium

Paid $



6. C

OM

PA

NY

SH

AR

ES

AN

D S

TO

CK

6.1

CO

MP

AN

Y S

HA

RE

S A

ND

ST

OC

K [

(Quo

ted)

, i.e

., T

rade

d on

the

Stoc

k E

xcha

nge]

Nam

e of

Com

pany

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Sto

ck U

nits

/S

hare

s H

eld

Mar

ket V

alue

as

atD

ec. 3

1, 2

0 ...

.$

L.R.O.



6.2

CO

MP

AN

Y S

HA

RE

S A

ND

ST

OC

K (

UN

QU

OT

ED

)

Nam

e an

d A

ddre

ss o

f C

ompa

nyIn

Who

se N

ame

Hel

d(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)N

atur

e of

Bus

ines

sS

tock

Uni

ts/

Sha

res

Hel

dE

stim

ated

Val

ue$

7. I

NV

ES

TM

EN

T I

N P

AR

TN

ER

SH

IPS

, JO

INT

VE

NT

UR

ES

AN

D O

TH

ER

BU

SIN

ES

SE

S

Nam

e an

d A

ddre

ss o

f C

ompa

ny o

r B

usin

ess

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Nat

ure

of B

usin

ess

Per

cent

age

Ow

ners

hip

Inve

stm

ent a

s at

Dec

. 31,

20 ..

..$



8. O

TH

ER

AS

SE

TS

8.1

MO

TO

R V

EH

ICL

ES

Mak

e an

d M

odel

Reg

istr

atio

nN

umbe

rIn

Who

se N

ame

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Yea

r of

Acq

uisi

tion

Pur

chas

e P

rice

$

Est

imat

ed V

alue

as

atD

ec. 3

1, 2

0 ...

.$

8.2

MO

NE

Y L

OA

NE

D

Nam

e an

d A

ddre

ss o

f B

orro

wer

Nam

e of

Len

der

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Am

ount

Len

t$

Dat

e L

ent

Bal

ance

Due

as

atD

ec. 3

1, 2

0 ...

.$

L.R.O.



8.3

GO

VE

RN

ME

NT

AN

D C

OR

PO

RA

TE

BO

ND

S

Issu

ing

Org

anis

atio

nIn

Who

se N

ame

Hel

d(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)In

tere

stR

ate

Dat

e of

Pur

chas

eM

atur

ity

Dat

eF

ace

Val

ue$

8.4

CR

ED

IT U

NIO

NS

Nam

e an

d A

ddre

ss o

f C

redi

t Uni

onIn

Who

se N

ame

Hel

d(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)

Typ

e of

Acc

ount

(Sha

res/

Sav

ings

/F

ixed

Dep

osit

)

Acc

ount

Num

ber

Bal

ance

as

atD

ec. 3

1, 2

0 ...

.$



8.5.

AN

Y O

TH

ER

AS

SE

TS

(no

t her

ein

prev

ious

ly d

ecla

red—

incl

udin

g bu

t not

lim

ited

to B

oats

, Jew

elry

, Pai

ntin

gs, C

oin

Col

lect

ions

, etc

.). S

ee N

ote

belo

w.

Des

crip

tion

In W

hose

Nam

e H

eld

(Dec

lara

nt/S

pous

e/D

epen

dent

Chi

ld)

Loc

atio

nV

alue

as

atD

ec. 3

1, 2

0 ...

.$

NO

TE:

Und

e r s

e cti

on 2

of

The

Int

e gri

ty i

n P

ubli

c L

ife

Ac t

, C

h. 2

2:01

, “ a

sse t

s” m

e ans

all

pro

pert

y, i

nclu

ding

mon

ey,

bene

fici

ally

hel

d in

Tri

nida

d an

d T

obag

o or

els

ewhe

re a

nd a

ll r

ight

s an

d be

nefi

ts e

njoy

ed o

n a

cont

inui

ng b

asis

.

L.R.O.



PA

RT

IV

DE

TA

ILS

OF

LIA

BIL

ITIE

S

( OF D

EC

LA

RA

NT, S

PO

USE

AN

D D

EP

EN

DE

NT

CH

ILD

RE

N)

1. M

OR

TG

AG

E L

OA

NS

Nam

e an

d A

ddre

ss o

fL

ende

rP

rope

rty/

Ass

etM

ortg

aged

Ori

gina

l Loa

nan

d D

ate

Incu

rred

Inte

rest

Rat

ean

d T

erm

Am

ount

Pai

d fo

r th

e Y

ear

Bal

ance

Ow

ing

as a

t Dec

. 31,

20 ..

..$

Nam

e of

Bor

row

er(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)



2. O

TH

ER

LIA

BIL

ITIE

S (

incl

udin

g bu

t not

lim

ited

to J

udgm

ent D

ebts

). S

ee N

ote

belo

w.

Nam

e an

d A

ddre

ss o

fO

rgan

isat

ion/

Per

son

Ow

edN

ame

of D

ebto

r(D

ecla

rant

/Spo

use/

Dep

ende

nt C

hild

)D

ate

Deb

t Inc

urre

d

Ori

gina

lD

ebt

$

Am

ount

Rep

aid

duri

ng Y

ear

$

Am

ount

Ow

ing

as a

tD

ec. 3

1, 2

0 ...

.$

NO

TE: U

nder

sec

tion

2 o

f T

he I

nteg

rity

in P

ubli

c L

ife

Act

, Ch.

22:

01, “

liab

ilit

y” in

clud

es a

nyob

liga

tion

to p

ay o

r tr

ansf

er m

oney

or

mon

ey’s

wor

th in

Tri

nida

d an

d T

obag

o or

els

ewhe

re.

L.R.O.



I declare that I have given a full return of the particulars, as are known to me, of the incomefrom every source whatsoever, and of the assets and liabilities, of my spouse, my dependentchildren and myself, required to be filed in accordance with the provisions of the Integrity in PublicLife Act, Ch. 22:01, in respect of the year ended 31st December, 20......

Dated this ............................... day of ..................................................., 20 ......

.................................................................Signature of Declarant

PART VDECLARATION



INSTRUCTIONS

1. PERSONS REQUIRED TO FILE

All persons in public life are required to file declarations of their income,assets and liabilities with the Commission. The Schedule to the Integrity inPublic Life Act, Ch. 22:01 (hereinafter referred to as “the Act”), lists the personsin public life as follows:

(1) Members of the House of Representatives.

(2) Ministers of Government.

(3) Parliamentary Secretaries.

(4) Members of Tobago House of Assembly.

(5) Members of Municipalities.

(6) Members of Local Government Authorities.

(7) Senators.

(8) Judges and Magistrates appointed by the Judicial and Legal ServiceCommission.

(9) Members of the Boards of all Statutory Bodies and State Enterprisesincluding those Bodies in which the State has a controlling interest.

(10) Permanent Secretaries and Chief Technical Officers.

2. DISCLOSURE REQUIREMENTS

Section 12(1)–(5) of the Act specifies the information which should bedisclosed in the declaration. The provisions of this section are reproduced below.

12. (1) A declaration required under this Act, shall include such particularsas are known to the declarant, of the income, assets and liabilities of himself,his spouse and his dependent children.

(2) Notwithstanding subsection (1), where—(a) the declarant’s spouse was not ordinarily living with the

declarant for a continuous period of six months during theperiod in relation to which the declaration was made; or

(b) a dependent child was not ordinarily living with the declarantat any time during the period in relation to which the declarationwas made,

the particulars required to be furnished by subsection (1) shall be limited toassets held by the spouse or child in trust for, or as agent of the declarant, except

L.R.O.



that nothing in this section shall be construed as precluding the Commissionfrom requiring from a declarant, any additional particulars.

(3) Where a person in public life holds money or other property in trustfor another person, he shall so state in his declaration but shall not be requiredto disclose the terms of the trust.

(4) For the purposes of a declaration under this Act, the income, assetsand liabilities of a person in public life include the income, assets and liabilitiesacquired, held or incurred by any other person as his agent or on his behalf.

(5) Where, in a declaration filed with the Commission, a person in publiclife discloses an income which is insufficient to support the accretion in valueof the net assets disclosed so as to raise the inference that there must have beenother income to account for the extent of the acquisition of such assets, theperson in public life will be deemed to have been in possession of such incomewhich has not been disclosed and the onus shall be on him to establish thesource of that further income.

3. DEADLINES FOR FILING

Section 11(1) and (2) of the Act specifies the deadlines for the filing of thedeclarations.

Within three (3) months of becoming a person in public life, aperson shall complete and file with the Commission, in theprescribed form, a declaration of his income, assets andliabilities in respect of the previous year.Thereafter, on 31st May in each succeeding year that he is aperson in public life, he shall file further declarations of hisincome, assets and liabilities.The time for furnishing of a declaration may be extended bythe Commission, in any particular case, for good cause, for aperiod not exceeding six (6) months.

4. REQUEST FOR FURTHER PARTICULARS

Under section 13 of the Act, the Commission may request from a declarant, anyinformation or explanation relevant to a declaration made by him and whichwould assist in its examination.

The Commission may require that—(a) a declarant furnish such particulars relating to his financial

affairs as may be considered necessary;(b) a declarant or his duly appointed agent attend at the offices of

the Commission in order to verify his declaration;(c) a declaration be certified by a chartered or certified accountant.



5. DEADLINE FOR FURNISHING OF FURTHER PARTICULARS

The Integrity Commission requires that information requested, pursuant tosection 13, shall be furnished or produced within fourteen days of receipt of theCommission’s request.

6. OFFENCES RELATING TO DECLARATIONS (Specified undersection 21 of the Act)

21. (1) A person in public life who—(a) fails, without reasonable cause, to furnish to the Commission

a declaration, or further particulars which he is required tofurnish in accordance with the provisions of the Act;

(b) knowingly makes a declaration that is false;(c) fails, without reasonable cause to give such information or

explanation as the Commission or a tribunal may require;(d) fails, without reasonable cause to attend an enquiry being

conducted by a tribunal appointed under section 15 orknowingly gives false information in such enquiry,

is guilty of an offence, and liable on summary conviction to a fine of two hundredand fifty thousand dollars and to imprisonment for a term of ten years.

(2) Where, a person in public life is deemed to have been in possessionof undisclosed income or assets and fails to account for such further income orassets, or where upon an enquiry, it is determined that such other income orassets have existed and the person in public life deliberately omitted to disclosesuch information in the declaration filed with the Commission, he shall be liableon summary conviction to a fine of two hundred and fifty thousand dollars andimprisonment for a term of ten years, and where the offence involves thedeliberate non-disclosure of property the Court may, in addition—

(a) where the property involved is situated in Trinidad and Tobago,declare that it be forfeited to the State;

(b) where the property involved is situated outside of Trinidadand Tobago, order that an amount equivalent to the value ofthe property (the value to be assessed as directed by the Court),be paid by the person in public life to the State.

(3) Property acquired from a person referred to in subsection (1) by abona fide purchaser for value without notice of any offence of that person asprovided for in this section is not liable to forfeiture, but an amount equivalentto the value of the property or the price paid by the purchaser, whichever isgreater, shall be paid by the person in public life to the State.

(4) Payment of all sums due to the State pursuant to paragraph (b) ofsubsection (1) or to subsection (2) may be enforced in like manner as a debt dueto the State and any proceedings thereon on behalf of the State may betaken�summarily.

L.R.O.



RE

PU

BL

IC O

F T

RIN

IDA

D A

ND

TO

BA

GO

INT

EG

RIT

Y C

OM

MIS

SIO

N

STA

TE

ME

NT

OF

RE

GIS

TR

AB

LE

IN

TE

RE

STS

FO

R T

HE

YE

AR

EN

DE

D 3

1ST

DE

CE

MB

ER

, 20

.....

....

(Pur

suan

t to

sect

ion

14 o

f the

Int

egri

ty in

Pub

lic

Lif

e A

ct, C

h. 2

2:01

)

Com

plet

e th

is f

orm

and

fil

e it

tog

ethe

r w

ith

the

Dec

lara

tion

of

Inco

me,

Ass

ets

and

Lia

bili

ties

whi

ch y

ouar

e re

quir

ed t

o fi

le w

ith

the

Inte

grit

y C

omm

issi

on u

nder

sec

tion

11

of t

he I

nteg

rity

in

Pub

lic

Lif

e A

ct,

Ch.

�22

:01

[Sec

tion

14(

1)].

NO

TE:

The

re i

s no

re q

uire

men

t to

dis

c los

e in

thi

s st

a tem

ent,

the

ac t

ual

amou

nt o

r e x

tent

of

a ny

fina

ncia

l be

nefi

t, c

ontr

ibut

ion

or i

nte r

e sts

.[S

e cti

on 1

4(5)

].

Ple

a se

noti

fy t

he R

e gis

tra r

of

the

Com

mis

sion

of

a ny

c ha n

ge w

hic h

may

oc c

ur i

n th

is S

tate

men

t w

ithi

n si

x w

e eks

of

suc h

cha

nge

occu

rrin

g. [

Sec

tion

14(

4)].

(Whe

re in

suff

icie

nt s

pace

has

bee

n pr

ovid

ed f

or t

he it

ems

falli

ng u

nder

any

sec

tion

,ad

diti

onal

info

rmat

ion

may

be

supp

lied

on s

epar

ate

shee

ts).

CO

NF

IDE

NT

IAL

FO

RM

B(R

egul

atio

n 3)



STA

TE

ME

NT

OF

RE

GIS

TR

AB

LE

IN

TE

RE

ST

NA

ME

OF

DE

CL

AR

AN

T: .

......

......

......

......

......

......

......

......

......

......

......

......

.P

UB

LIC

OF

FIC

E H

EL

D: .

......

......

......

......

......

......

......

......

......

......

..

AD

DR

ES

S: .

......

......

......

......

......

......

......

......

......

......

......

......

......

......

......

......

.....

......

......

......

......

......

......

......

......

......

......

......

......

......

......

......

......

......

..

The

fol

low

ing

info

rmat

ion

is p

rovi

ded

purs

uant

to s

ecti

on 1

4(3)

of

the

Act

:

1. I

HO

LD

DIR

EC

TO

RS

HIP

S I

N T

HE

FO

LL

OW

ING

CO

MP

AN

IES

OR

OT

HE

R C

OR

PO

RA

TE

BO

DIE

S:

Nam

e of

Com

pany

or

othe

r C

orpo

rate

Bod

yA

ddre

ss

2. I

HA

VE

MA

DE

CO

NT

RA

CT

S W

ITH

TH

E S

TA

TE

AS

FO

LL

OW

S:

Dat

e of

Con

trac

tP

arti

cula

rs o

f O

blig

atio

ns U

nder

take

n

L.R.O.



STA

TE

ME

NT

OF

RE

GIS

TR

AB

LE

IN

TE

RE

ST—

CO

NT

INU

ED

3. I

HA

VE

IN

VE

ST

ME

NT

S I

N T

HE

FO

LL

OW

ING

CO

MP

AN

IES

, P

AR

TN

ER

SH

IPS

OR

AS

SO

CIA

TIO

NS

:

Nam

e of

Com

pany

/Par

tner

ship

/Ass

ocia

tion

Add

ress

4. I

HO

LD

TH

E P

OS

ITIO

N O

F T

RU

ST

EE

IN

TH

E F

OL

LO

WIN

G T

RU

ST

S:

Nam

e of

Tru

stB

rief

Par

ticu

lars

of

Tru

st

5. I

HO

LD

TH

E P

OS

ITIO

N O

F B

EN

EF

ICIA

RY

IN

TH

E F

OL

LO

WIN

G T

RU

ST

S:

Nam

e of

Tru

stB

rief

Par

ticu

lars

of

Tru

st



STA

TE

ME

NT

OF

RE

GIS

TR

AB

LE

IN

TE

RE

ST—

CO

NT

INU

ED

6. I

HA

VE

BE

NE

FIC

IAL

IN

TE

RE

ST

IN

TH

E F

OL

LO

WIN

G L

AN

DS

:

Loc

atio

n, D

escr

ipti

on a

nd A

rea

of L

and

Ben

efic

ial I

nter

est

Nam

e an

d A

ddre

ss o

f F

und

Con

trol

ler

of F

und

8. I

HO

LD

ME

MB

ER

SH

IP I

N T

HE

FO

LL

OW

ING

PO

LIT

ICA

L,

TR

AD

E O

R P

RO

FE

SS

ION

AL

AS

SO

CIA

TIO

NS

:

Nam

e an

d A

ddre

ss o

f A

ssoc

iati

onN

atur

e of

Ass

ocia

tion

(Pol

itic

al/T

rade

/Pro

fess

iona

l)

7. I

HA

VE

BE

EN

MA

KIN

G C

ON

TR

IBU

TIO

NS

TO

TH

E F

OL

LO

WIN

G F

UN

DS

:

L.R.O.



STA

TE

ME

NT

OF

RE

GIS

TR

AB

LE

IN

TE

RE

ST—

CO

NT

INU

ED

9. I

HA

VE

RE

CE

IVE

D I

NC

OM

E F

RO

M T

HE

FO

LL

OW

ING

SO

UR

CE

S:

Des

crip

tion

of

Inco

me

Sou

rce

10. I

HA

VE

TH

E F

OL

LO

WIN

G O

TH

ER

SU

BS

TA

NT

IAL

IN

TE

RE

ST

S W

HIC

H M

AY

AP

PE

AR

TO

RA

ISE

A M

AT

ER

IAL

CO

NF

LIC

T B

ET

WE

EN

MY

PR

IVA

TE

IN

TE

RE

ST

AN

D M

Y P

UB

LIC

DU

TY

:

Nat

ure

of I

nter

est (

Pec

unia

ry o

r N

on-P

ecun

iary

)

Dat

ed th

is ..

......

......

......

day

of

......

......

......

......

......

......

., 20

.....

.

Sig

natu

re o

f D

ecla

rant

: ....

......

......

......

......

......

......

......

......

......

...



FORM C (Regulation 3).

REPUBLIC OF TRINIDAD AND TOBAGO

INTEGRITY COMMISSION

CERTIFICATE OF COMPLIANCE[Pursuant to section 13(3) of the Integrity in Public Life Act, Ch. 22:01]

This is to certify that the declaration required under section 11 of the Integrity in Public Life Act, Ch. 22:01

has been submitted by ................................................................................................ and has been fully made.

Dated this ............................... day of ..................................................., 20 ......

.................................................................Registrar

NOTE: The statement of registrable interest required under section 14 of the Act has/has not* been filed.

*Delete as applicable.

L.R.O.



FORM D (Regulation 3).



OATH OF SECRECY[Made by a member of the Integrity Commission in accordance with section 20(4) of the Integrity in Public Life

Act, Ch. 22:01]

I ................................................................................., member of the Integrity Commission, pursuant to

Section 20(4) of the Integrity in Public Life Act, Ch. 22:01, do solemnly and sincerely swear by

................................................., that I shall treat all declarations filed with the Integrity Commission and all records

and information relating thereto as secret and confidential and I shall not disclose or communicate to any

unauthorised person or allow any such person to have access to any such record, information or declaration.

.................................................................Member of the Integrity Commission

DECLARED before me this .................. day of

..............................., 20 ........ at the office of the

Integrity Commission, .......................................

.............................................................................

.............................................................................

.................................................................Justice of the Peace



FORM E (Regulation 3).



OATH OF SECRECY

[Made by a person to perform functions in the service or as an employee of the Integrity Commission inaccordance with section 20(4) of the Integrity in Public Life Act, Ch. 22:01]

I ................................................................................., employee/performing a function in the office of the Integrity

Commission, do solemnly and sincerely swear by ................................................., that in the performance of my duties

and functions in the service of the Integrity Commission, pursuant to section 20(4) of the Integrity in Public Life Act,

Ch. 22:01, I shall treat all declarations made to the Integrity Commission and all records and information relating

thereto as secret and confidential and I shall not disclose or communicate to any unauthorised person or allow any such

person to have access to any such record, information or declaration.

.................................................................Signature

DECLARED before me this .................., day of

............................, 20 ......... at the office of the

Integrity Commission, .......................................

.............................................................................

.............................................................................

.................................................................Justice of the Peace

INTEGRITY IN PUBLIC LIFE ACT - OAS · 2009-08-19 · Integrity in Public Life Ch. 22:01 3 CHAPTER...

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Transcript of INTEGRITY IN PUBLIC LIFE ACT - OAS · 2009-08-19 · Integrity in Public Life Ch. 22:01 3 CHAPTER...