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FAQs

What is the Cayman Islands Anti Corruption Commission (ACC)?

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

  • Receive, consider and investigate any report of corruption, including any attempted offences or conspiracies to commit corruption.
  • Receive and (as permitted under the law) request, analyse and disseminate any information about corruption or suspected corruption.
  • Assist overseas anti-corruption authorities with corruption investigations.
When was the ACC established?
The ACC was established in January, 2010.
How long will the Commission operate for?
The lifespan of the Commission is not stipulated in the Anti Corruption Law (2008).
Who comprises the ACC?

The Commissioner of Police (Chairman)

The Complaints Commissioner

The Auditor General

Two other persons,† appointed by the Governor; each of whom shall be retired judges of the Grand Court or Court of Appeal; retired police officers; retired justices of the peace or magistrates; or retired attorneys-at-law.

What is the protocol if the chairman is absent from an ACC meeting?
The Commissioner of Police shall be chairman of the Commission and shall preside over at all meetings of the Commission at which he is present, and in the case of the chairmanís absence from a meeting, the members present and forming a quorum shall elect one of their number to preside at that meeting.
How many members are required for quorum?
Three.
Is an appointed member of the ACC permitted to resign?
Yes. An appointed member may at any time resign his office by instrument in writing addressed to the Governor and transmitted through the chairman. That member shall cease to be a member from the date of receipt by the Governor of such instrument.
Can a memberís appointment be revoked?
Yes. The appointed members hold office for five years and all members are eligible for re-appointment. The Governor, after consultation with the Director of Public Prosecutions, may at any time revoke the membership of an appointed member.
Is the office of an appointed member a public office?
No. The office of an appointed member shall not be a public office.
Are the names of the ACC members Gazetted?
Yes. The names of all members of the ACC as first constituted and every change therein shall be published in the Gazette.
What are the main functions of the Commission?

Under the Anti-Corruption Law (2008), the primary functions and duties of the ACC are to:

  1. receive and consider any report of the commission of a corruption offence and, subject to this Law, investigate such report;
  2. receive and (as permitted) request, analyse and disseminate disclosures of any information-
    1. concerning corruption offences under this Law or suspected offences; or
    2. required by any law in order to counter corruption;
  3. detect and investigate-
    1. any suspected offence under this Law;
    2. any suspected attempt to commit an offence under this Law; and
    3. any suspected conspiracy to commit any offence under this Law; and
  4. do anything else that it is required or authorised to do under this Law or any other law or which is necessary to do for achieving the purpose of this Law.
Are the appointed members of the ACC remunerated?
Yes. The appointed members of the ACC shall be paid such allowances as the Governor may determine. Currently, the appointed members receive $100 per meeting with a maximum stipend of $500 per month. The ex-officio members do not receive remuneration for their work as commission members.
How often does the ACC meet?
The ACC meets quarterly. However, the Commission shall meet at such times as may be expedient for the carrying out of its functions.
Are the minutes of the Commissionís meeting available to the public?
Yes. The minutes of any meeting of the ACC shall be posted on the Commissionís website after they have been confirmed; however, any information that is sensitive and exempt under the FOI law will be redacted prior to the posting of the said minutes.
What is the general decision making process of the ACC?
The decision of the Commission shall be by a majority of votes and, in addition to an original vote, the chairman shall have a casting vote in any case in which the voting is equal.
What are the various forms of corruption outlined in the ACL (2008)?

The offences listed in the ACL (2008) include:

  • Bribery of public officers and members of the Legislative Assembly
  • Frauds on the Government
  • Contractor subscribing to election fund
  • Breach of trust by a public officer of member of the Legislative Assembly
  • Selling or purchasing public office
  • Secret Commissions
  • Making false statements to the Anti Corruption Commission
Do the members of the ACC have immunity regarding their roles within the ACC?
Yes. Neither the Commission nor any member or officer of the Commission, shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under this law unless it is shown that the act or omission was in bad faith.
Do the members of the ACC have indemnity regarding their roles within the ACC?
Yes. The Commission shall indemnify a member against all claims, damages, costs, charges or expenses incurred by the m ember in the discharge or purported discharge of his functions under the ACL (2008), except claims, damages, costs, charges or expenses caused by the bad faith of that member.
How are concerns regarding the behaviour of an ACC member handled?
Concerns regarding the behaviour of an Anti-Corruption Commission member as it pertains to their role on the Commission must be directed to His Excellency the Governor.
What is the role of the Governor with regard to the Anti Corruption Commission?

The Governor has the power to give directions to the Commission with respect to policy followed in the performance of its functions in matters that concern the public interest. He is also responsible for:-

  1. the general oversight of the anti-corruption policy of the Government;
  2. overseeing and inspecting the work of the Commission;
  3. reviewing annual reports submitted by the Commission;
  4. promoting effective collaboration between regulators and law enforcement agencies; and
  5. monitoring interaction and co-operation with overseas anticorruption authorities.
Does the ACC receive research and analytical support?
Yes. Analytical, research, and administrative support for the ACC is provided by a joint Commissions Secretariat established under the aegis of the Deputy Governorís Office.
Does the ACC receive law enforcement support?
Yes. Law enforcement and investigatory support will be provided by police officers within the Anti-Corruption Unit. This unit is a part of the Royal Cayman Islands Police Service and as such shall report directly to the Commissioner of Police.
Can the ACC prosecute individual(s) for corruption offences?
No. The ACC may present evidence to the Director of Public Prosecutions, who in turn, may prosecute individuals in a Cayman Islands court of law.
What is the process for managing ACC membersí conflicts of interest?
If at any time a conflict of interest arises between an issue being discussed and a member of the Commission, the member shall excuse him/herself from that portion of the said meeting and any further discussions or follow up.
Can the ACC disclose information to external agencies?
Yes. The ACC may disclose any information in relation to corruption to the Cayman Islands Monetary Authority and overseas anti corruption authorities.
What is the general procedure for reporting a corruption offence to the ACC?

Once a report has been received by the ACC it will be registered by the Commissions Secretariat as a formal report and it will be placed on the agenda for the next available ACC monthly meeting. At this meeting the ACC will examine the report to see whether it discloses an allegation pursuant to Part 3 of the Cayman Islands Anti-Corruption Law (2008). If it does then the ACC will decide on a timetable and an action plan to move the report forward. In such cases, the ACC will request that the Anti-Corruption Unit assist in the investigation phase of the process.

Where a report is considered urgent, the Chairman of the ACC may circulate the report amongst all Commissioners and request that an action plan be decided without delay.

What is the purpose of creating an action plan in relation to a report of corruption?
The creation of an action plan does not necessarily indicate that a report will ultimately be upheld. Rather, it signifies that the ACC believes that there is a concern that merits further inquiry.
Does the ACC produce a report following a corruption investigation?

Once the ACC has obtained all of the information that it requires, the Anti-Corruption Unit will assist in producing a draft Report with its recommendations to the ACC.

Upon receipt of a draft Report, the ACC can either refer the matter back to the Anti-Corruption Unit for further investigation or clarification; or it can produce a Final Report.

What is the purpose of producing a Final Report?

The Final Report containing the conclusions of an ACC investigation is submitted to the Director of Public Prosecutions and may have the following impact:

  • Prosecution in the Courts of the Cayman Islands;
  • Referral back to the ACC for further investigation/research; or
  • The decision made not to prosecute based on a lack of plausibility for a conviction.
How can the ACC be contacted?

The Commission can be contacted through the Commissions Secretariat.

Last Updated 2011-05-30