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Law No.2 of 2016 on establishing Kuwait Anti-Corruption Authority and the Provisions on Disclosure of Assets and Liabilities.

Country
Type of law
Legislation
Source

Abstract
This Law consisting of 59 articles divided in VII Parts aims at establishing the Kuwait Anti-Corruption Authority, a public authority with the following main tasks (i) establishing the principle of transparency and integrity in the economic and administrative transactions to ensure the achievement of the rational management and optimal utilization of the State s funds, resources, and properties; (ii) implementing the United Nations Convention against Corruption; (iii) seeking to combat corruption, prevent its dangers and impacts, prosecute its perpetrators, confiscate and recover funds and proceeds; (iv) protecting the State s agencies from bribery, exploitation, and abuse of power in order to achieve personal benefits and prevention of mediation and nepotism; (v) protecting the whistleblowers of corruption; (vi) promoting the principle of cooperation and participation with the States and the regional and international organizations in the fields of anti-corruption; (vii) promoting and activating the role of the civil society institutions and organizations in combating corruption, educating members of the society of its dangers and raising awareness of means and methods of corruption prevention. The Authority undertakes, among others, the following functions and competencies (i) develop a comprehensive national strategy for integrity, transparency, and anti-corruption, and draw up mechanisms, plans, and programs for its implementation; (ii) receive and study the reports, complaints, and information submitted to it concerning the corruption offenses; (iii) receive the statements of Assets and Liabilities and forming committees to examine such statements; (iv) protect the whistleblowers in coordination with the competent bodies; (v) inform the competent bodies to take the necessary legal actions to terminate any contract, to which the State is a party, or withdraw a concession or other engagements if it is found out that such contracts are concluded in violation of the provisions of the laws; (vi) study the legislation and legal instruments related to anti-corruption periodically and proposing the necessary amendments thereto to keep pace with the international conventions and treaties ratified or acceded to by Kuwait; (vii) develop the measures for the prevention of corruption and update the mechanisms and methods of combating it; (viii) coordinate with the Ministry of Foreign Affairs concerning cooperation with the Gulf, Arab and international states and organizations related to anti-corruption; (ix) coordinate with the media to raise the society s awareness of the dangers of corruption, corrupt practices and their impacts and how to prevent and combat such practices; (x) take measures to ensure the participation of the civil society organizations in raising awareness about the dangers of corruption and the impacts thereof on the society; (xi) develop databases and information systems concerned with corruption issues. The authority shall be managed by a Board of Trustees which is composed of seven persons. The Authority shall have an Executive Body to undertake the technical, administrative and financial matters. Part III of the Law determines the corruption offenses, procedures of arrest, investigation, prosecution, and competent bodies of each stage. Part IV regulates the disclosure of Assets and Liabilities and specifies (i) the persons subject to the provisions of this Part; (ii) meaning, form, and content of Assets and Liabilities statement and how to file it, its confidentiality, inspection committees, and how to deal therewith. Part V exhibits the provisions for the protection of the whistleblower and states the meaning of reporting, its conditions, mechanism of filing, the procedures of the protection of the whistleblower, its types and concludes with the State s guarantee to compensate him and his heirs for any material or immaterial moral damages that he may sustain due to submission of the report, in addition to the material and immaterial incentives that may be given to the whistleblower.
Date of text
Entry into force notes
The Prime Minister and the ministers each within his jurisdiction shall implement this Law and it shall be published in the Official Gazette.
Notes
Kuwait approved the United Nations Convention against Corruption with the Law No.47 of 2006.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
2 2016