- CIABOC issues circular with guidelines/procedures
Officials and categories of individuals are required to disclose their assets and liabilities as outlined in the Declaration of Assets and Liabilities Law, No. 01 of 1975 as amended by Act, No. 74 of 1988. In addition, Section 80 of the Anti-Corruption Act No. 09 of 2023 introduces provisions for further disclosure by various other officials and categories of individuals.
According to this recent Amendment, the President, the Prime Minister, Parliamentarians, Provincial Governors, Provincial Councilors, and officers of the provincial public service, elected representatives, and officers of local government (LG) bodies, as well as judges and government officials appointed by the President, are mandated to disclose their assets and liabilities. This requirement extends to members and officers of ministries and government departments, as well as individuals appointed under Article 41A(1)(e) of the Constitution who are not MPs.
Additionally, it applies to chairpersons or members of specified commissions outlined in the Schedule to Article 41B of the Constitution, staff officers of the Central Bank and State banks established under Article 41A(1)(c) of the Constitution or any relevant statute. Staff officers of commissions, chairpersons, commissioners, members, and staff officers of independent regulatory and supervisory commissions, or personnel boards established under any statute, along with the chairpersons, directors, and members of boards of public corporations established under any statute, are also included. Furthermore, it pertains to executive officers and members of the personal staff of MPs, Provincial Councilors, and members of LG bodies.
Additionally, this encompasses the officers of the Army, as established and governed by the Army Act (Authority 357), the officers of the Navy, established and governed by the Navy Act (Authority 359), and the commissioned officers of the Air Force, established and governed by the relevant legislation. It also includes individuals under the jurisdiction of the Election of the President Act, No. 15 of 1981, the Parliamentary Elections Act, No. 01 of 1981, and the Provincial Council Elections Act, No. 02 of 1988 (Authority 262). Furthermore, it extends to office bearers of recognised political parties for the purposes of the LG Elections Ordinance or the Trade Unions (TUs) Ordinance (Authority 138), as well as executive officers of registered TUs (Authority 138). Candidates nominated for election under the LG Polls Ordinance, as well as chairpersons, directors, and staff officers of companies registered under the provisions of the Companies Act, No. 07 of 2007, where a Government corporation holds at least 25% of the shares, are also covered.
Furthermore, individuals falling under specific designations such as Heads of State Missions of Sri Lanka, officials appointed by the Cabinet of Ministers to State Missions of Sri Lanka (Authority 180), proprietors, editors, and members of the editorial board of newspapers registered under Section 2 of the Newspaper Ordinance, No. 25 of 1991, owners of media companies, editors, and members of the editorial board, office bearers of national sports associations established under the Sports Act, No. 25 of 1978, and certain officials licensed under Section 17 of the Telecommunications Act of Sri Lanka, are subject to asset and liability declaration requirements due to the nature of their positions and the potential risk of bribery or corruption.
Moreover, the relevant legislation mandates the establishment of a centralised electronic system for declaring assets and liabilities. Amendments have been introduced to the declaration process to align with the provisions of the new Act until the electronic system is fully operational.
In accordance with the Anti-Corruption Act, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has published a circular outlining the guidelines and procedures for declaring assets and liabilities, along with the revised declaration forms, on their website (www.ciaboc.gov.lk).