ANTIGUA AND BARBUDA BACKGROUND CHECK

This is us, a leading background company deals in verification services. We render unassailable shield against risks and perils a company or corporate may face or come in contact with.

Antigua and Barbuda is among the countries where we have full-fledged contacts and our machinery is actively working for our clients Our background screening works like guiding light when helping you out in managing risk. Come what may or whatever rules and regulations we have to follow, we are bound to deliver our clients what they want and make it ascertain the information by employing all the skill and expertise we have in the best interest of our client.

One can completely rely on us for the authenticity of the information.

Meeting the expectations of our clients is our basic motive, that’s why the statistics which are associated with the proposals, we take them very seriously. The span of our coverage is very vast in Antigua and Barbuda, we cover the cities, like, All SaintsBolans, Carlisle, Clare Hall, Cedar, GroveCodringtonDickenson BayEnglish Harbour,  FalmouthFreetown,JenningsLibertaOld RoadParhamPigottsPotter's VillageSeaview FarmSt. John's,Swetes, and Willikies.

You must have found it not easy to contact such organizations, but the good thing is, you can contact us anytime by just sending an email to us at info@backcheckgroup.com.

Our experts contact you as soon as they get the email of your query. As far as the secrecy or confidentiality of the information is concerned, we have a track record which shows that the sensitive information is never shared with anyone unconcerned.

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PRODUCTS IN ANTIGUA AND BARBUDA

OUR SERVICES IN IN ANTIGUA AND BARBUDA

Digging out at criminal database is one of the vital features when it comes to the corporation or candidate’s verification. We have made different categories of Local Police Check in this service. This includes Basic, Standard, and Enhanced. All these have different scales of facilitation according to their names.

With the strong network we have, we have the advantage of getting any person’s financial status which can be verified through our Bankruptcy Check. With taking banks on board – local or global – we verify the financial history of the folk or firm.

It is also very vital to have the Court’s opinion about the candidate. We have reach to the courts – whether city or national – for the screening purpose before we proceed further in background screening.

Media reports about any person or organization is no less than important and is sometimes worth figuring out. The Negative Media Check eases your trouble by verifying it through different sources. We understand that if any negative media report is found against the applicant, so it could become the nightmare of our client.

Anti Corruption Laws

(Adopted on: 14th May, 2004)

Enacted by the Parliament of Antigua and Barbuda as follows —

1. This Act may be cited as the Prevention of Corruption Act, 2004 and shall come into operation on a date appointed by the Minister by notice published in the Gazette.

2. In this Act, unless the context otherwise requires —

“advantage” means —

(a) a gift, loan, fee, reward or commission consisting of money or of any valuable security or other property or interest in property of any description;

(b) an office, employment or contract;

(c) a payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

(d) any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action, or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;

(e) the exercise or forbearance from the exercise of any right, power or duty; or

(f) an offer, undertaking or promise, whether conditional or unconditional, or any advantage within the meaning of paragraph (a), (b), (c), (d) or (e);

“agent” includes a person employed by or acting for another and any person serving under the Government or other public body or holding a public office;

“consideration” includes valuable consideration of any kind;

“principal” includes an employer;

“property” includes money, moveable and immovable property and things in action;

“public body” means any of the following —

(a) the Government or the Barbuda Council;

(b) a Ministry or Department of the Government;

(c) the House of Representatives or the Senate;

(d) a corporation established by an Act of Parliament for public purposes or any subsidiary company thereof registered under the Companies Act, 1995;

(e) a board, commission, authority, committee or other body, whether paid or unpaid, and whether or not established by or under any law to perform public functions on behalf of the Government;

“public office” means an office in a public body;

“public official” means any member, office holder, or employee of a public body.

3. (1) A person commits an offence if he —

(a) corruptly solicits or accepts, whether directly or indirectly, property or a benefit or advantage for himself or another person for doing an act or for omitting to do an act in the performance of his functions as a public official;

(b) in the performance of his duties as a public official performs or omits to perform any of his duties in a public body for the purpose of obtaining any property, a benefit or advantage for himself or any other person;

(c) offers or grants directly or indirectly to a public official any property or a benefit or advantage, for doing or omitting to do any act in the performance of his functions as a public official;

(d) fraudulently uses or conceals any property or other benefit derived by an act or omission to act under paragraphs (a), (b) or (c);

(e)allows his private interest to conflict with his public duties or to improperly influence his conduct in the performance of his functions as a public official;

(f) improperly uses for his benefit or that of a third party any classified or confidential information that he has obtained in his duties as a public official;

(g)communicates to another person any classified or confidential information obtained in the performance of his duties as a public official with a view to assisting that person to obtain any property, benefit or advantage; or Offence of corruption.

(h) improperly uses for his benefit or that of a third party, any property belonging to a public body to which he has access as a result of or in the course of the performance of his functions as a public official.

(2) A person who aids in or procures the commission of an act of corruption or who counsels another, attempts or conspires to commit an act of corruption under subsection (1) commits an offence.

4. (1)A person who, without lawful authority or reasonable excuse, offers an advantage to a public official as an inducement to or reward for or otherwise on account of such public official giving assistance or using influence in, or having given assistance or useful influence in —

(a) the promotion, execution or procuring of —

(i) any contract with a public body for the performance of any work, the providing of any service, the doing of anything or the supplying of any article, material or substance; or

(ii) any subcontract to perform any work, provide any service, do anything or supply any article material or substance required to be performed, provided, done or supplied under any contract with a public body; or

(b) the payment of the price, consideration or other money stipulated or otherwise provided for in the contract or subcontract referred to in paragraph (a), commits an offence.

(2) A public official who without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in

(a) the promotion, execution or procuring of; or Unlawful

(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any contract or subcontract referred to in subsection (1),commits an offence.

5. (1) An agent who accepts or obtains, or agrees to accept or attempts to obtain from any person, for himself or for any other person, any advantage as an inducement to or reward for or otherwise on account of his —

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal’s affairs or business; or

(b)showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal’s affairs or business, commits an offence.

(2) A person who gives or agrees to give or offers any property, benefit or advantage to an agent as an inducement to or reward for or otherwise on account of the agent —

(a) doing or forbearing to do, or having done or forborne to do, an act in relation to his principal’s affairs or business; or

(b) showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal’s affairs or business, commits an offence.

6. (1) A person in Antigua and Barbuda who offers or grants directly or indirectly to a public official of another State any property, benefit or advantage in connection with any economic or commercial transaction, in exchange for any act or omission in the performance of the public functions of that public official, commits an offence.

(2)In subsection (1),a“ public official” means a person holding office in the Government or in a public body established by or under the control of the Government of a foreign State or territory.

7. (1) A person who, being or having been a public official —

(a) maintains a standard of living above that which is commensurate with his present or past official emoluments; or

(b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments, unless he gives a satisfactory explanation to the court as to how he was able to maintain such standard of living or how such pecuniary resources or property came under his control, commits an offence.

(2) Where a court is satisfied in proceedings for an offence under subsection (1) (b) that having regard to the closeness of his relationship with the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property the resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused.

(3) For the purposes of this section “official emoluments” include a pension or gratuity payable under the Pensions Act.

8. (1) A person who commits an offence under sections 3, 4, 5, 6, or 7 is liable upon conviction on indictment to a fine of one hundred thousand dollars and to imprisonment for five years and, in addition to the penalty specified above, the court may do any or all of the following —

(i) order the person convicted to pay the public body and in such manner as the Court directs, the amount or value of any property, benefit or advantage received by him;

(ii) forfeit his right to claim any non-contributory gratuity or pension to which he would otherwise have been entitled;

(iii) declare any right under any non-contributory pension scheme to which he is entitled to be forfeited.

(iv) declare him to be disqualified from holding any public office for a period not exceeding seven years from the date of conviction for the offence;

9. Where, in any proceedings against a person for an offence under this Act, it is proved that any property, benefit or advantage has been given to or received by an agent by or from a person, or his representative, holding or seeking to obtain a contract from a public body, the property, benefit or advantage shall be deemed to have been given and received corruptly as an inducement or reward in terms of this Act unless the contrary is proved.

10. (1) Where in any proceedings for an offence under this Act, it is proved that the accused accepted any property, benefit or advantage, whether for himself or for any other person, believing or suspecting or having grounds to believe or suspect that it was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act prohibited by this Act, it shall be no defence that —

(a) he did not actually have the power, right or opportunity so to do or forbear;

(b) he accepted the money, article, benefit or advantage without intending so to do or forbear; or

(c) he did not in fact so do or forbear.

(2) Where in any proceedings for an offence under this Act, it is proved that the accused offered any property, benefit or advantage to any other person as an inducement to or reward for or otherwise on account of that person’s doing, or forbearing to do, or having done or forborne to do, any act prohibited by this Act, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defence that such other person had no such power, right or opportunity.

11. (1) Where a person is convicted of an offence under section 3, 4, 5, 6 or 7, the Court may, on application by the Confiscation of prosecutor, and in addition to any penalty that may be imposed under section 8 —

(a) order the confiscation of any property connected with the offence; or

(b) in the case of an offence under section 7, order the payment to the Crown of an amount or value not exceeding the amount or value of property the acquisition of which by him was not explained to the satisfaction of the court.

(2) An order under subsection (1) shall not be made in respect of property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and an opportunity to show cause why it should not be made.

(3)An order under subsection (1) shall not be made in respect of property held by a person other than the person convicted if that other person satisfies the Court in any proceedings to show cause under subsection (2) that he had —

(a)acted in good faith as regards the circumstances in which the property came to be held by him; and (b) so acted in relation to the property that an order in the circumstances would be unjust.

(4)An order under subsection (1) may be made subject to such conditions as the Court thinks fit in all the circumstances of the case.

(5)An order made under subsection (1) may make provision for tracing and taking possession of property to which the order applies and for the disposal of such property by or on behalf of the Crown.

12.(1) Where an order is made under section 11 in respect of property held by a person other than the person convicted, that other person may within thirty days after the date of making the order, appeal against the order to the Court of Appeal.

(2) On appeal under this section the Court of Appeal may —

(a) confirm the order, with or without modification; or

(b) quash the order and make such other order (if any) under section 11 as it thinks appropriate.

(3) Proceedings under this section shall not operate as a stay of execution of an order unless the Court which makes the order or the Court of Appeal otherwise orders; and a stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the court or the Court of Appeal thinks proper.

13. (1) Where on an application ex parte by the prosecution, the court is satisfied that —

(a) any property is due to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Act or against whom a prosecution for such an offence has been instituted; or

(b) a third person is holding property for or on behalf of or to the order of a suspected person, the court may make an order under this section (hereinafterreferred to as a “restraining order”) restraining the property.

(2) In making a restraining order the court may —

(a) impose such conditions; or

(b) exempt such property from the operation thereof (including the periodic payment of money), as it thinks fit, but the third party on whom a restraining order is served in accordance with subsection (4) shall not dispose of or otherwise deal with any property specified in the restraining order save in accordance with directions of the court.

(3) A restraining order shall, if so provided in the order, apply to the income from any property specified therein as it applies to the property itself.

(4) A restraining order shall be served on a third party to whom it is directed and on the person referred to in paragraph (a) of subsection (1) and may be served by delivering it personally or, where the court is satisfied that such person cannot be found or is not in Antigua and Barbuda, be served in such other manner as the court may direct on application ex parte by the prosecution.

(5) Where any property specified in a restraining order is immovable property, the order shall be deemed to be an instrument affecting land and shall be registered in the Land Registry in such manner as the Registrar of Lands thinks fit.

(6) Where a restraining order is made with respect to the property of a person against whom a prosecution for an offence under this Act has been instituted, the restraining order shall continue in force —

(a) until the proceedings on such prosecution or appeal have been finally determined; and

(b) if a confiscation order is made against that person under section 11, until that order has been set aside, complied with or enforced as the case may be.

(7) A third party on whom a restraining order has been served in accordance with subsection (4) commits an offence and is liable on conviction to a fine of one hundred thousand dollars or equivalent of the value of the property disposed of or otherwise dealt with, whichever is greater or to imprisonment for five years if, during the continuance in force of the restraining order, he knowingly disposes of or otherwise deals with any property specified in the restraining order otherwise than in accordance with directions of the court.

14.(1) The prosecutor at any time, apply ex parte to the court for the revocation of a restraining order.

(2) A person on whom a restraining order is served in accordance with section 13 may, at any time, apply to the court for an order revoking or varying the order.

(3)The court shall give to the prosecutor such notice of the day fixed for hearing of the application as the court may order.

(4) On the hearing of an application under subsection (2), the court may —

(a) revoke the order if it is satisfied that undue hardship will be caused by its continuance in operation; or

(b) vary the order in such manner as it thinks fit.

15. If a Judge in Chambers is satisfied on an ex parte application made by the Director of Public Prosecutions and supported by evidence on affidavit that there is reasonable cause to believe that a person has committed an offence under this Act, the Judge may make an order directing the Chairman of the Integrity Commission or the Government, as the case may be, to release to the Director of Public Prosecutions for his examination the relevant documents filed by the accused pursuant to section 16 of the Integrity in Public Life Act, 2004.

16.No prosecution shall be brought under the provisions of this Act unless the consent of the Director of Public Prosecutions is obtained.

17.A person shall not be exempt from liability under this Act by reason of the invalidity of his appointment or election of himself or another person as a public official.

18.A person who maliciously makes a false allegation or maliciously provides false information related to an act of corruption commits an offence and is liable on indictment to a fine of $100,000.00 or to imprisonment for a term of five years or to both.

19. Notwithstanding anything in this Act or any other law, an offence under this Act shall be deemed to have been committed in Antigua and Barbuda if —

(a) the offence is committed in the territory of another State including on board a ship or aircraft registered, licensed or otherwise subject to the jurisdiction of that other State;

(b) regardless of where the offence was committed the person who committed the offence is —

Explanatory Memorandum

1.This Bill seeks to make provision for the prohibition of corruption and to set out penalties for persons who are found guilty of committing such acts.

2.Clauses 3, 4 and 5 specify the circumstances under which a person conducting himself in a certain manner may be guilty of corruption. The circumstances specified include soliciting or receiving of gifts, loans, fees or advantage in exchange for performing of abstaining from performing, or expediting, delaying, hindering or preventing the performance of an official duty by a public official.

3.The proposed offences of corruption apply to agents. Agents as defined under the Bill are persons employed by or acting for another or persons serving under the Government or other public body. The circumstances under which agents may be guilty of corruption are prescribed in clause 5.

4.Clause 6 of the Bill creates the offence of corruption involving foreign officials. The offence is committed if a person in Antigua and Barbuda seeks to offer property or some benefit or advantage to a public official of another State in exchange for any act or omission in the performance of his public functions. Passed the House of Representatives this day of,2004. Speaker Clerk to the House of Representatives Passed the Senate this day of , 2004. President. Clerk to the Senate.

(i) a citizen of Antigua and Barbuda; or

(ii) a resident of Antigua and Barbuda.

(c) regardless of where the offence was committed, the person who committed the offence, after the commission thereof, present in the territory of Antigua and Barbuda. The Minister responsible for Justice and Legal Affairs may make regulations for giving effect to provisions of this Act.

5.Clause 7 seeks to create two types of offences, in relation to persons holding public office. These offences consist of maintaining a standard of living above that which is commensurate with the present or past emoluments of the accused person, or being in control of pecuniary resources or property disproportionate to the present or past official emoluments of the person alleged to have committed the offence. A satisfactory explanation as to how the accused was able to maintain that standard of living or as to how the pecuniary resources or property came under his control or where acquired is admissible in evidence as a defence to the charge.

6.Clause 8 of the Bill sets out the penalty for offences of corruption.

7.Under clause 9 of the Bill, the offence of corruption is presumed if money is paid to or received by an agent by or from a person holding or seeking to obtain a contract from a public body. The defence of the inability of the accused to do or lack of authority to perform the act for which the property, benefit or advantage was received is not recognised under the Bill as a defence.

8.In addition to the penalties proposed in clause 8 for an offence under clause 5, it is further proposed to empower the Director of Public Prosecutions to apply to the Court for an order to confiscate the property found at the trial to be in control of the accused and the amount or value not exceeding the pecuniary resources or property for which the accused is unable to explain. The Bill confers on the person whose property or pecuniary resources is confiscated the right to appeal against the order.

9.Provision is made in the Bill to protect from wanton dissipation, property or pecuniary resources in the control of a suspected person or a person on trial. To achieve this objective, the Director of Public Prosecutions is authorised to seek an order from the Court restraining the person under investigation from disposing of any such property or pecuniary resources under his control. In making a restraining order, the Court is given the discretion to impose conditions or exempt the property. The person against whom a restraining order is made is vested with a right to apply to the Court to have the order revoked or varied.

10.Clause 15 empowers the Director of Public Prosecutions to apply to the Court for release to him for investigation the declaration filed by any person whom a judge is satisfied, on application ex parte by the Director of Public Prosecutions, that reasonable grounds exist to believe that that person has committed an offence against any of the provisions of the Bill.

11.Clause 18 makes it an offence for a person to maliciously make a false allegation of an act of corruption or to provide false information relating to an act of corruption.

12.Clause 19 of the Bill seeks to extend the provisions of this Bill to acts of corruption committed outside Antigua and Barbuda. The court is given jurisdiction to try offences committed in a State other than Antigua and Barbuda if the accused is a citizen or resident of Antigua and Barbuda or is present in Antigua and Barbuda after the commission of the offence.

(Adopted on:5 November,2004)

An Act to provide for the establishment of an Integrity Commission for the purpose of receiving declarations of the affairs of persons holding specific positions in public life, for the purpose of establishing probity, integrity and accountability in public life and for related matters.

Part I Preliminary

1. This Act may be cited as the Integrity in Public Life Act, 2004 and shall come into operation on such day as the Minister may by Notice published in the Gazette appoint.

2. In this Act unless the context otherwise requires —

“assets” include all property including monies beneficially held whether in or out of Antigua and Barbuda;

“Commission” means the Integrity Commission established pursuant to section 4;

“document” includes, in addition to a document in writing —

Short title and commencement.

Interpretation.

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any disc, tape sound track or other device in which sounds or other data not being visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom;

(d) any film, including microfilm, negative, tape or other device in which one or more usual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom,

“income” includes —

(a) money derived from whatever source or acquired in or out of Antigua and Barbuda;

(b) all receipts by way of salary, fees, wages, requisitions, profits, grants, emoluments, rents, interests, commissions, bonus, pensions or annuity and all income within the meaning of the Income Tax Act;

“liability” includes all obligations to pay or to transfer money to another whether in or out of Antigua and Barbuda;

“Minister” means the Minister responsible for Justice and Legal Affairs;

“public function” means any activity performed, whether or not payment is received therefore, which is carried out by —

(a) a person for, or on behalf of or under the direction of a Ministry, Department of Government or a body enacted by statute or an authority;

(b) a body whether public or private, providing public services;

(c) a member of the Senate or the House of Representatives;

“person in public life” means a person referred to in the First Schedule;

“property” includes money and all property, real or personal and things in action;

“spouse” in relation to a person in public life means a person to whom the person in public life is married or who is living with that person in the circumstances of husband and wife for a period of three years but does not include —

(a) a married spouse who is living separate and apart from the person in public life;

(b) a married spouse who has ceased to live with that person and where proceedings have been instituted for a divorce or judicial separation during the period a declaration is required to be filed.

“statutory body” means a corporation, company, board, commission, authority or other body established by or under any written law to perform public functions on behalf of the Government.

3. This Act applies to every person in public life.

Part II Integrity Commission

4. (1) There is hereby established an Integrity Commission.

(2) The Commission shall consist of a chairman and two other members.

(3) The members of the Commission shall be appointed by the Governor-General acting in his own discretion.

(4) The members of the Commission shall be persons of integrity one of whom is a lawyer who has practiced law in the Commonwealth for no less than ten years and one of whom is a Application of the Act.

Establishment of Integrity Commission.Public accountant entitled, under the Accountancy Profession Act, 1992, to practise as such and who has so practised for no less than ten years.

(5) A member shall, before assuming the functions of his office, make and subscribe the oath of office and the oath of secrecy in Form 1 in the Third Schedule before the Governor-General.

5. A person shall not be appointed a member of the Commission if he —

(a) is a member of the House of Representatives or the Senate;

(b) is a person in public life other than as a member of the Commission;

(c) has, at any time during the three years preceding his appointment, been a public officer;

(d) has at any time during the five years preceding his appointment held office in a political party; or

(e) would otherwise be disqualified to be a member of the House of Representatives or the Senate.

6. A member of the Commission shall hold office for a period not exceeding three years and shall be eligible for re-appointment.

7. (1) A member other than the Chairman may at any time resign his office by instrument in writing addressed to the Governor-General and transmitted through the Chairman and from the date specified in the instrument of resignation that person ceases to be a member.

(2) The Chairman may at any time resign his office by instrument in writing addressed to the Governor-General and from the date specified in the instrument of resignation that person ceases to be Chairman and member of the Commission.

8. A member of the Commission shall vacate office —

(a) at the expiration of the term of his appointment;

Tenure of office.

Resignation of members.

Vacation of office.

Disqualification from membership. Act No. 10 of 1992.

(b) on the absence of the member from three consecutive meetings of the Commission, unless the absence is approved by the Governor-General;

(c) if the member with his consent is nominated for election to the House of Representatives or is appointed a Senator;

(d) if the member is appointed to any public office; or

(e) on his resignation or removal from office.

9. (1) A member of the Commission may be removed from office only for inability to exercise the functions of his office whether arising from infirmity of body or mind or any other cause or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(2)A member of the Commission shall be removed from office by the Governor-General if the question of his removal has been referred to a tribunal appointed under subsection (3) and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(3) If the Governor-General considers that the question of removing a member of the Commission ought to be investigated—

(a) the Governor-General shall appoint a tribunal which shall consist of one person being a Judge of the High Court, a Senior Counsel or a Chief Magistrate, to enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member of the Commission ought to be removed under this section; and

(b)a tribunal appointed under paragraph (a), shall give the member of the Commission an opportunity to show cause why he should not be removed from office.

(4) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor- Removal from office.

General may suspend the member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor- General that the member of the Commission should not be removed.

(5) In this section “misbehaviour” includes communicating confidential information to any unauthorized person.

10. The appointment, resignation, revocation of appointment or death of a member of the Commission shall be published in the Gazette.

11. The members of the Commission shall receive such remuneration as shall be determined by resolution of the House of Representatives.

12. (1) The functions of the Commission shall be —

(a) to receive and retain all declarations filed with it under this Act;

(b)to receive and investigate complaints regarding noncompliance with or contravention of any provisions of this Act or the Prevention of Corruption Act, 2004;

(c)to make inquiries as it considers necessary in order to verify or determine the accuracy of a declaration filed under this Act;

(d) to conduct an investigation into any offence of corruption under the Prevention of Corruption Act, 2003 if it is satisfied that there are grounds for an investigation;

(e)to examine the practices and procedures of Statutory Corporations and Departments of Government to determine whether there are corrupt practices;

(f) to advise Statutory Corporations and Departments of Government of any change in practice or procedure which may be necessary to eliminate corrupt practices;

(g) to perform such other functions as is required by this Act.

(2) In the performance of its functions the Commission and the staff of the Commission shall not be subject to the control or direction of any other person or authority.

13. (1)The Commission shall have the same powers, rights and privileges as a commission of inquiry appointed under the Commissions of Inquiry Act.

(2)The Commission shall meet at such times as may be convenient for the transaction of its business.

(3) The proceedings of the Commission shall not be affected by any defect in the appointment of a member or any vacancy in its membership.

(4) Subject to this Act, the Commission shall make rules governing its procedure.

14. The declarations filed with the Commission and the records of the Commission in respect of these declarations are secret and confidential and shall not be made public, except where a particular declaration or record is required to be produced by Order of Court for the purpose of, or in connection with any court proceedings or enquiry in respect of a declaration under this Act, the Prevention of Corruption Act, 2004 or the Perjury Act.

15. (1) Every member of the Commission and every person performing any function in the service of the Commission shall treat all declarations, records or information relating to such declarations as secret and confidential and shall not disclose or communicate same to any unauthorised person or allow any such person to have access to any such records, information or declaration.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of twenty five thousand dollars or three years imprisonment or to both such fine and imprisonment.

(3) An unauthorised person is a person other than a person authorised to receive information —

(a) under this Act in relation to the financial affairs of persons in public life; or

(b) by reason of an Order of a Judge of the High Court.

(4) Where an unauthorised person publishes information which is submitted by a person in public life pursuant to Part III of this Act he commits an offence and is liable on summary conviction to a fine of twenty five thousand dollars or three years imprisonment or to both such fine and imprisonment.

Part III Disclosure of Affairs

16. (1) Every person in public life shall file a declaration in Form 2 in the Third Schedule with the Commission setting out —

(a) his income, assets and liabilities;

(b) his public and private offices;

(c) the assets of his children above eighteen years old and of any relative which were acquired partly or fully with his income;

(d) the assets of his or her spouse and of their children below eighteen years old;

(e) any gifts received in the course of the performance of his public functions; and

(f) such other information required to be set out in Form 2 in the Third Schedule.

(2) The Commission shall examine every declaration filed to ensure that it is in compliance with this Act.

(3)Where the Commission upon examination of a declaration filed pursuant to subsection (1) is of the opinion that it is necessary or expedient to request further information in order to determine the accuracy of a declaration, the Commission may request the person in public life to furnish any other documents or information as may be required within a specified period.

(4)Where upon an examination under subsection (2) the Commission is satisfied that a declaration has been fully made it shall issue a certificate in Form 3 in the Third Schedule.

17. (1) A person who is a person in public life on the date of commencement of this Act shall within three months from the date of commencement file a declaration pursuant to section 16 and thereafter on or before the 31st day of March in each year during any part of which he remains a person in public life.

(2) A person who becomes a person in public life after the commencement of this Act shall file a declaration pursuant to section 16 within three months of his becoming a person in public life and thereafter on or before the 31st day of March in each year during which he remains a person in public life.

(3) Where a person ceases to be a person in public life he shall furnish a declaration at the end of six months from the date on which he so ceases.

(4) Where a person in public life dies, the declaration which he would have been required to file had he lived shall not be filed.

(5) Every member of the Commission shall file a declaration in Form 2 in the Third Schedule with the Governor-General before he assumes office and thereafter on or before the 31st day of March of each year.

(6) The Governor-General shall appoint an auditor to examine and verify the accuracy of a declaration filed under this section and the auditor shall submit a report to the Governor-General.

18. (1) Where a person in public life holds property in trust for another person he shall so state in his declaration but shall not be required to disclose the terms of the trust.

(2) A person in public life who has assets in a blind trust shall file a copy of the trust deed with the Commission.

(3) Where the assets of a person in public life are in a blind trust he does not have to give more particulars in his declaration than the amount and description of those assets placed in that trust and the date the trust was created.

(4) A blind trust is created where a person in public life enters into an agreement with a qualified trust company whereby —

(a) after he ceases to be a person in public life full and proper accounting will be made to him regarding the management of the trust;

(b) all or part of his assets are conveyed to the trust for its administration, control and management in its absolute discretion without recourse or reporting to the persons beneficially entitled to those assets; and

(c) conversion of the assets into other assets are not to be communicated to him until he ceases to be a person in public life.

(5) A trust company is a qualified trust company where —

(a) no more than ten percent of the issued shares in the trust company or any of its affiliates is held by the person in public life entering into an agreement with it or by an associate, and

(b) the person in public life holds no directorship or office in the trust company or any of its affiliates.

(6) For the purposes of this section reference to a spouse includes a single person who was living together with a single person of the opposite sex or of the same sex as his or her spouse for a period of not less than five years.

(7) For the purposes of subsection (7) a reference to a single person includes a reference to a widow or widower or to a person who is divorced.

(8) For the purpose of this section a company is an affiliate of another company where the first mentioned company holds more than five percent of the issued shares in the second mentioned company or where the second mentioned company holds more than ten percent of the issued shares in the first mentioned company.

(9) For the purpose of subsection (4) “control” shall be construed within the meaning of “controlled company” as Cap. 212 provided for in the Income Tax Act.

(10) A person in public life who fails to comply with subsection

(1) commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding six months.

19. For the purposes of a declaration pursuant to section 16 the income, assets and liabilities of a person in public life include the income, assets and liabilities acquired held or incurred by any other person as his agent or on his behalf.

20. (1) Where a person who is required to file a declaration under section 16 fails to file a declaration, the Commission shall publish that fact in the Gazette and send a report, for appropriate action —

(a) in the case of the President of the Senate and of the Speaker of the House of Representatives, to the Governor-General;

(b) in the case of a Senator, to the President of the Senate;

(c) in the case of a Member of the House of Representatives, to the Speaker of the House of Representatives;

(d) in the case of a person appointed by a Service Commission, to the relevant Service Commission; or

(e) in the case of a person appointed holding office in a statutory body, to the person or authority having power to make an appointment to that office.

(2) Where criminal proceedings are instituted against a person in public life under this Act no disciplinary proceedings shall be instituted pending the determination of the criminal proceedings.

(3) A person in public life who, without reasonable cause, fails to make a declaration as required by section 16 shall, by reason of that failure, vacate all offices in public life held by him and the Commission may order that he be disqualified from holding any office in public life for such period as the Commission may determine. Income, assets and liabilities of agent. Failure to file declaration.

Part IV Code of Conduct

21. (1) Every person in public life shall observe the Code of Conduct specified in the Second Schedule.

(2) A person in public life who is in breach of the Code of Conduct commits an offence and is liable on summary conviction, to a fine of fifty thousand dollars or to three years imprisonment or to both such fine and imprisonment.

22. (1) A person who has reasonable grounds to believe that any person in public life is in breach of any provision of the Code of Conduct may make a complaint in writing to the Commission and shall state in the complaint the particulars of the breach including —

(a) the period within which the breach was committed;

(b) the names and addresses of persons involved in the commission of the breach.

(2) A person making a complaint under subsection (1) shall produce to the Commission —

(a) evidence to support the complaint including documentary evidence and sworn statements;

(b) such other particulars as may be prescribed by Regulations.

(3) A person who makes a complaint under this section shall not be liable in civil or criminal proceedings unless it is proved that the complaint was not made in good faith.

23. Where a complaint has been made to the Commission under section 22, the Commission after examining the complaint may reject the complaint if the Commission is of the opinion that —

(a) the complaint is frivolous or vexatious;

(b) it does not pertain to a matter the Commission is empowered to deal with under this Act:

Provided that no complaint shall be rejected by the Commission without giving the person who made the complaint a reasonable opportunity of being heard.

24.(1)Where upon examination of a complaint made under section 22, the Commission is of the view that an investigation is necessary, it shall inquire into the matter.

(2) In conducting an inquiry under this section the Commission shall have the same powers to summon witnesses as a commission of inquiry under the Commissions of Inquiry Act.

(3) The sittings of the Commission to take evidence or hear submissions in the course of any inquiry under subsection (1) shall be held in camera.

(4) The complainant and the person in public life against whom any inquiry is held under this section are entitled to notice of the proceedings of the inquiry and to be represented at the inquiry either personally or by an Attorney-at-Law.

25. (1) On conclusion of an inquiry under section 24, the Commission shall forward the report to the Governor-General, and if it is of the opinion that the evidence before it may warrant that the Director of public Prosecution take action against the person the Commission shall forward a copy of the report to him.

(2) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (1), the Director of Public Prosecutions shall inform the Commission and the Governor-General, in writing about the action taken in pursuance of the report and any other relevant evidence.

Part V Gifts

26. (1) A person in public life shall not accept any gift or reward from any person as —

(a) an inducement for any official act to be done by him; or

(b) a reward for any official act done by him.

(2) Notwithstanding subsection (1), a person in public life may accept a gift or reward from —

(a) a community organization on a social occasion which represents the creativity of that organization; or

(b) a foreign dignitary where the person in public life has reasonable grounds to believe that the refusal to accept it may offend the foreign dignitary.

(3) Where a person in public life accepts a gift or reward in the circumstances specified in paragraph (b) of subsection (2), he shall make a report of that fact in Form 4 in the Third Schedule to the Commission within seven days of the receipt of the gift.

(4) Where the Commission determines that the gift was given to the person in public life as a personal gift and was not intended to be a motive or reward for doing or abstaining from doing anything in the course of the performance of his official functions or causing any other person from doing or forbearing to do anything, the Commission shall allow the person in public life to retain the gift.

(5) Where the Commission finds through the inquiry that the gift was given to the person in public life —

(a) as a State gift; or

(b) personally, but was intended to be a motive or reward for doing or abstaining from doing anything in the course of the performance of his official functions or causing any other person from doing or forbearing to do anything, the Commission shall direct the person in public life in writing to deliver the gift to the Financial Secretary on behalf of the State within such period not exceeding fourteen days as may be specified by the Commission, and the person in public life shall comply with the direction within the time so specified.

(6) Where a gift is delivered to the Financial Secretary pursuant to subsection (4) it shall be dealt with as a gift to the State.

(7) Any person in public life who fails to comply with the direction given by the Commission under subsection (5) commits an offence and is liable on conviction to a fine equal to the value of the gift involved or ten thousand dollars, whichever is greater or to a term of imprisonment not exceeding twelve months.

PART VI Miscellaneous

27. The funds of the Commission shall consist of such funds as may be appropriated to the Commission by Parliament.

28. The Commission shall keep proper accounts of all sums appropriated, its assets and liabilities and those accounts shall be audited annually by the Director of Audit or an auditor appointed by the Governor-General.

29. (1) The Commission shall prepare and submit to the Minister on or before June 30th in each year a report on the activities of the Commission during the preceding year and its audited accounts.

(2) A copy of the report together with the auditor’s report shall be laid before the House of Representatives at the sitting following the receipt of the report.

(3) The report under subsection (1) shall not disclose the particulars of any declaration filed with the Commission.

30. (1) The Governor-General shall appoint a Secretary to the Commission on such terms and conditions as he may determine.

(2) The Secretary shall —

(a) be entitled to attend meetings of the Commission;

(b) record the minutes of each meeting; and

(c) subject to the direction of the Commission, perform all functions necessary for the efficient and effective discharge of the functions of the Commission.

(3) The Commission shall be provided with staff adequate for the prompt and efficient discharge of its functions under this Act.

(4) The staff of the Commission shall be public officers appointed by the Public Service Commission.

(5) Every person appointed under this section or authorized to perform any functions under this Act shall, before assuming his functions, make and subscribe the oath of office and the oath of secrecy in Form 1 in the Third Schedule before the Chairman.

31. All expenses incurred by the Commission for the purposes of this Act are a charge of the on the Consolidated Fund.

32. (1) A person who —

(a) fails without reasonable cause to furnish to the Commission a declaration or further particulars thereof which he is required to furnish in accordance with this Act; or

(b) knowingly makes a declaration which is false in some material particular, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both such fine and imprisonment.

(2) Where the offence under subsection (1) involves the nondisclosure of property acquired while in public life, the Court may, if satisfied that such property was acquired in contravention of this Act or any other law, in addition to the penalty specified under subsection (1) —

(a) where the property involved is situated in Antigua and Barbuda declare that it be forfeited to the State; or

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

(3) Property acquired from a person referred to under subsection (2) by a bona fide purchaser for value without notice of any offence by that person is not liable to forfeiture, but the Court may order that an amount equivalent to the value of the property or the price paid by the purchaser, whichever is the greater, shall be paid by the person in public life to the State.

First Schedule Persons In Public Life

1. Member of the Commission and the Secretary to the Commission

2. Members of the House of Representatives

3. Members of the Senate

4. President of the Senate

5. Speaker of the House of Representatives

6. Parliamentary Secretaries

7. Secretary to the Cabinet

8. Members of the Barbuda Council

9. Members of the Electoral Commission

10 . Financial Secretary and Deputy Financial Secretary

11. Budget Director and Deputy Budget Director

12. Permanent Secretaries, Principal Assistant Secretaries and Assistant Secretaries

13. Heads and Deputy Heads of Diplomatic Missions

14. Solicitor General

15. Clerk to Parliament

(4) Payment of all sums due to the State pursuant to subsection

(2) or (3) may be recovered as a debt due to the State.

33. The Minister may, by Order which shall be subject to affirmative resolution of the House of Representatives, amend any of the Schedules.

34. Subject to this Act and to Regulations made hereunder the Commission may make rules to regulate its procedure.

35. The Minister may make Regulations with respect to —

(a) any matter that is required to be prescribed by Regulation under this Act; and

(b) generally, for the effective implementation of this Act.

16. Chief Establishment Officer

17. Accountant General and Deputy Accountant General

18. Managers, Heads and Deputy Heads of Departments and Divisions

19. Commander and Deputy Commander of the Defence Force

20. Commissioner and Deputy Commissioner of the Police Force

21. Police Officers of the rank of Inspector and above

22. Chief Immigration Officer, Deputy Chief Immigration Officer and all other Immigration Officers

23. Superintendent of Prison

24. All commissioned and warrant officers of the Antigua and Barbuda Defence Force

25. Comptroller of Customs and all Customs Officers

26. Commissioner of Inland Revenue and all Inland Revenue Officers

27. Legal Officers employed by the Government of Antigua and Barbuda

28. Director of Public Prosecutions

29. Magistrates

30. Labour Commissioner and Deputy Labour Commissioner

31. Chief Technical Officers of Ministries

32. Members of the Public Service Commission

33. Members of the Police Service Commission

34. Member of the Public Service Board of Appeal

35. Members of the Boards or governing bodies of statutory bodies

36. Chief Executives and deputy chief executives, by whatever name known, of statutory bodies

37. Heads and Deputy Heads of Divisions of statutory bodies

38. Members of the Tenders Board

39. All Public Officers including non-established officers receiving a salary in excess of $4,000.00 per month

Second Schedule Code of Conduct

A person in public life shall not —

(a) in return for anything done, or to be done, or omitted to be done in the execution of his duties, ask for or accept for himself or any person, any money, property benefits or favours of any kind over and above that which he is lawfully entitled to receive for the performance of his duties;

(b) in the course of the performance of his official functions discriminate against any person with respect to terms, conditions and privileges of employment or other official matters because of that person’s race, place of origin, political opinion, colour, creed or gender;

(c) for himself or for anyone else accept any gifts, benefit or advantage from any one, except personal gifts from his spouse, relatives or friends, or personal gifts given otherwise than as a motive or reward for doing or forbearing to do anything in the performance of his official functions or causing any other person from doing or forbearing to do anything; but this paragraph does not apply to gifts received on behalf of the State by a person in public life in the course of the performance of his official functions;

(d) allow private interests to conflict with his public duties or improperly influence his conduct in the performance of his public duties;

(e) allow the pursuit of his private interest to interfere with the proper discharge of his public duties; and any conflict between his private interests and his public duties shall be resolved in favour of his public duties;

(f) use his official influence in support of any scheme or in furtherance of any contract or proposed contract or other matter in regard to which he has an interest;

(g) for his personal advantage, benefit or gain, make use of, or communicate to anyone except in the performance of his official duties, the contents of any document, or any information, or matter required in the course of his official duties which are not available to the public;

(h) use or allow the use of public property (including money), equipment, supplies or services for any purpose other than for officially approved purposes;

Police Background Check Procedures

What must the applicant supply?

Overseas applicants:
•  Set of fingerprints
•  Birth certificate
•  2x passport photographs Local applicants:
•  Passport
•  thumbprint
•  addresses and dates of residence in Barbados
•  set of fingerprints (taken on application)

What are the costs / turnaround times?

•  EC $10 plus postage and bank charges for currency

Contact Details

Commissioner of Police
Criminal Record Office
St. John’s Police Station
Antigua
High Commission for Antigua & Barbuda 2nd Floor 45 Crawford Place W1H 4LP
Tel: 020 7258 0070
Fax: 0207258 7486
Email: enquiries@antigua-barbuda.com
Website: www.antigua-barbuda.com
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