<%@ Import Namespace="System.Data" %> <%@ Import Namespace="System.Data.SqlClient" %> <%@ Import Namespace="System.IO" %> ICAC - Independent Commission Against Corruption
Independent Commission Against Corruption
Independent Commission Against Corruption
“With the Community and all stakeholders including the Government and the Press , the ICAC is committed to making corruption socially and morally unacceptable in our society through a culture of integrity, public intolerance against corruption and public confidence in the fight against corruption and effective law enforcement.”
 
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Marine Road,
Near Quay D Round About,
Port Louis
  Phone : 206 6600  
  Fax   : 217 1597 (CPED)
217 1656 (CID)
217 1643 (ADM)
217 1660 (LEGAL)
 
  Email   :  
 
 
Corruption Investigation Division
 
Reporting Acts Of Corruption
 
1. Duty to report acts of corruption
2. Protection of informers and witnesses
3. Consequences of making false disclosure
4. Duty to report suspicious transactions
5. Legal consequences of reporting under FIAMLA
 
1. Duty to report acts of corruption

Under section 43, any person may notify the Commission or an officer orally or in writing, without disclosing his identity of an act of corruption.

Under section 44, the burden is laid upon an officer of a public body, to forthwith make a written report to the Commission of any act of corruption committed within or in relation to that public body.

Under section 45, it is stipulated that in the exercise of his functions –Judge, Magistrate, the Ombudsman, DPP, Director of Audit, Chief Executive of the public body and the Commissioner of Police, may refer acts of corruption to the Commission for investigation.

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2. Protection of informers and witnesses

Under section 48, protection is given to informers in as much as information given by them shall be privileged and shall not be disclosed in any proceedings before any court, tribunal or other authority, as well as their identity.

In case any record in which the name of the informer appears and which has to be tendered as evidence, the DG shall conceal from view all parts relating to the informer or information given by him.

Under section 49, any person who discloses in good faith to a member of the Board or an officer that a person, public official, body corporate or public body is involved in an act of corruption, he shall incur no civil or criminal liability.

The same protection is extended to public officials.

Any person, who makes a disclosure under section 49, shall be protected against acts of victimization under the pain of a criminal offence.

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3. Consequences of making false disclosure

Under section 49 (6), a person shall be guilty of a criminal offence if he knowingly makes a false disclosure.

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4. Duty to report suspicious transactions

Every bank, financial institution, cash dealer or member of a relevant profession or occupation shall forthwith make a report to the FIU of any transaction which the bank, financial institution, cash dealer or member of the relevant profession or occupation has reason to believe may be a suspicious transaction.

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5. Legal consequences of reporting under FIAMLA

1. No person directly or indirectly involved in the reporting of a suspicious transaction under this Part shall inform any person involved in the transaction or to an unauthorised third party that the transaction has been reported or that information has been supplied to the FIU pursuant to a request made under section 13(2).

2. No proceedings shall lie against any person for having -
reported in good faith under this Part any suspicion he may have had, whether or not the suspicion proves to be well founded following investigation or prosecution or any other judicial action;supplied any information to the FIU pursuant to a request made under section 13(2).

3.  No officer who receives a report made under this Part shall incur liability for any breach of confidentiality for any disclosure made in compliance with this Act.

4.  For the purposes of this section –
“officer”includes a director, employee, agent or other legal representative;
“unauthorised third party”does not include any of the supervisory authorities.

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