Afghan Laws

 

 

 

Islamic Republic of Afghanistan

 

General Independent Administration of Anti-Corruption

 

 

 

 

 

 

 

Anti-Corruption Law

(Unofficial English Version)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Honorable Abdul Raheem Karimi, Minister of Justice!

 

The Law on the Fight against Bribery and Corruption, based on the Law number 30, dated 6/7/1383, has been prepared in 3 chapters and 15 articles by the High Council of Ministers and approved by us, is sent you to be published in the Official Gazette.

 

(Signature)

Hamid Karzai

President of the Transitional Islamic State of Afghanistan

 

 

 

 

Decree

of the President of the Transitional Islamic State of Afghanistan with regards to the enforcement of the Law on the Fight against Bribery and Corruption

Number: (77)

Date: 7/7/1383 eq: Sep 29, 2004

 

Article One:

I hereby sign the Law on the Fight against Bribery and Administrative Corruption, based on Law number 30 dated 6/7/1383 , that has been prepared in 3 chapters and 15 articles by the High Council of Ministers.

 

Article Two:

This Decree is in effect from the date of its ratification and shall be published in the Official Gazette.

 

 

 

(Signature)

 

Hamid Karzai

President of the Transitional Islamic State of Afghanistan

 

 

 

 

 

 

 

 

 

 

The Law on the Fight against Bribery and Corruption

 

Chapter One

 

General Orders

Basis:

 

Article one:

 

The law has been enacted in the light of Article 50^th and provision 3^rd of Article 75^th of Afghanistan Constitution in order to regulate the affairs related to fight against bribery and corruption in all state administrations, state enterprises and cooperatives, private and non-governmental organizations that have dealings or contracts with government bodies.

 

The Responsible Administration:

 

Article Two:

 

1.                  The principle source to investigate and regulate affairs regarding the fight against corruption and bribery crimes shall be the Anti-corruption and Anti-bribery Administration that acts independently under the President.

2.                  The Administration on the Fight against Corruption and Bribery observes the orders of this law and other legislative documents in force.

 

 

Definitions:

 

Article Three:

 

The following terms in the law have the following meanings:

 

1.                  Administration: all state institutions including judiciary, attorney general offices, armed forces, police and national security, state enterprises and cooperatives, private and non-governmental organizations that deals in a way with the government.

2.                  Bribe: is what comes under the article 254-267 of criminal law.

3.                  Administrative Corruption: is an illegal act that is undertaken by civil servants and the entire government public service employees for the purpose of personal or factional gains that occurs in the following types:

o       Fraud and embezzlement

o       Stealing documents

o       Damaging records and official documents

o       Transgressing beyond the legal scope of authority

o       Power and resource exploitation for personal purposes

o       Refusing to perform duties without a legal justification

o       Concealing the truth and reality

o       Forging documents and deception

o       Pretending to have the power to do or refuse to do an act which is outside the scope of the public servant’s official power.

o       Receiving any kind of gifts to perform job in the related affairs

o       Delay and negligence in performing the entrusted duties.

o       Misbehavior of public servants towards individuals

o       Bribing, illegally recommending, requesting and lobbying

o       Involving ethnic, regional, linguistic, partisan, gender and personal consideration into the selection and employment processes

 

4.                  Public Servants: refers to the article 12 of Penal Code.

5.                  Inspection: includes all inspections and investigations of activities carried out in the ministries and other administrations under the article 1 of this provision by the designees of anti-corruption and anti-bribery administration based on the information, notifications, signs and signals received.

 

Goals and Objectives:

 

Article Four:

 

The goals and objectives of this Law are as follows:

 

1.                  Diagnosis of the causes and temptations of Corruption in the administrations and taking appropriate and proper actions to eradicate it.

2.                  Promoting Transparency in the performance of offices and institutions party to transactions and contracts with the government.

3.                  Inspection and investigation of suspicious Financial and Economic activities in a way that could result in strengthening and developing the national economy, social development and  finally ensuring accurate and genuine accountability of  public properties.

4.                  Analysis and evaluation of financial and economic activities and efficiency of central and provincial administrations that are alleged in terms of bribery and corruption.

5.                  Consistent fight against the bribery and types of corruption in the administrations enlisted under Article one of Provision Three of this law.

6.                  Productive struggle for the establishment of a sound, efficient and responsible administration to the public in the limits of its power.

7.                  Overseeing the quality of preservation and safeguarding of public and state belongings and properties in accordance to rule of law.

8.                  Attracting the cooperation and support of the entire government administrations in fight against corruption.

9.                  Identification of individuals and administrations that are violating the law and introducing them to judiciary and authoritative organs

 

 

 

Chapter Two

 

Duties and Powers

 

Duties:

 

Article Five:

 

The Administration of Anti-corruption and Anti-bribery has the following duties:

 

1.                  Planning and designing Government policy in the issue on the Fight against Bribery and Types of Corruption and its implementation after the approval by the President of the State.

2.                  Establishment of active and efficient mechanisms for the enforcement of the commandments of this law and monitoring its implementation.

3.                  Conducting essential studies for the purpose of exploring fair and useful approaches in establishing a sound administration

4.                  Diagnosing the factors and reasons that have caused corruption in the Public Administration

5.                  Presenting consultation with regards to wise utilization of the existing technical and substantial assets and possibilities in the prevention of ??? of administrative corruption.

6.                  Inspecting matters and issues relevant to bribery and corruption in the administrations

7.                  Presenting regular reports on activities and achievements of General Administration of Anti-corruption

8.                  Publishing detailed report of the annual activities of the Office to enlighten the public and professional capacity of the Office in the capital and provinces.

9.                  Creating information center to register the properties of public servants.

10.              staging training courses, seminars, workshops and conferences to promote the efficiency and professional capacity of the Office in the capital and provinces

11.              Establishing and expanding relations and exchanges with similar offices on the friendly states and international organizations. 

12.              Proposing the required measures to promote the professional efficiency and transparency of financial and economic activities of central and provincial offices.

13.              other duties delegated on it by the President

 

Powers:

 

Article Six

 

The office on the Fight against Bribery and Corruption has the following powers:

 

1. Taking urgent decisions to introduce suspects of bribery and official corruption crimes provided in this law to face judicial prosecution.
2. to follow and ensure about the enforcement of the decisions provided in the sub-article of this article
3. ensuring about the enforcement and observance of the laws, decrees and other legislative documents with regards to the campaign against bribery and official corruption.
4. issuing directions to stop the activities of such offices as those……. Of transparency and efficiency should be proved upon inspection.
5. In case of necessity, the re-evaluation of investigated documents…..
6. Requesting the required documents from the offices.
7. Inviting the heads of internal offices and specialists to explain and advise in the issues under inspections.
8. Attracting the cooperation of the heads of offices to deal with the complaints arising from official corruption.
9. Ensuring about the accuracy of accountability u and protection of public properties in the office under inspection.
10. Practical inspection of the process of financial and economic activities of the offices and the achievements of the provisions of contracts of the office with organizations, companies and individual persons providing services in cases where their officials are suspected of committing crimes defined in this Law.

 

 

Chapter Three

 

General Provisions

 

Organization:

 

Article Seven:

 

The Office on the Fight against Bribery and Corruption shall have central and local organizations proposed by its chairman and approved in accordance with provisions of Law.

 

Dealing with the cases of the local offices:

 

Article Eight:

 

The cases of bribery and official corruption in the provinces and their related departments shall be inspected by the regional center of the Office on the Fight against Bribery and Official Corruption which would be located in that region.

 

 

 

 

 

 

Cooperation among Offices:

 

Article Nine:

 

The offices of are obliged to cooperate in the achievement of the objectives provided in this Law with the Office for Fight against Bribery and Official Corruption in the following cases.

1. Providing the required facilities for the officials of the Office on the Fight against Bribery and Official Corruption during the inspection of the concerned subjects.
2. Presenting the necessary information and explanations to the officials of the Office on the Fight against Bribery and Official Corruption when requested.
3. Assigning professional specialist employees to cooperate with the officials of the Office on the Fight against Bribery and Official Corruption during inspections.
4. Presenting reports with regards to the achievements of the results of previous inspections and the enforcement of the guidance and orders of the proper authorities within the time limit fixed by the Office on the Fight against Bribery and Official Corruption

 

Approving Laws:

 

Article Ten:

 

In order to better enforce the provisions of this Law and regulate the duties of the related branches the directory board of the Office for Campaign against Bribery and Official Corruption shall prepare and approve laws.

 

Confidentiality of official affairs:

 

 

Article Eleven:

 

The officials of the Office for Campaign against Bribery and Official Corruption are obliged to refrain from divulging documents and secrets of the office otherwise those who commit such actions shall be prosecuted.

 

 

The applicable panel code:

 

 

Article Twelve:

 

1. The perpetrators of the crimes defined in this law, including the employees of the Office for Campaign against Bribery and Official Corruption shall be punished in accordance with this law and other laws in effect…
2. In case there is not a punishment foreseen for one of the violations defined in this law, the Panel Code or other laws, the court has the authority to punish the perpetrators according to circumstances.

 

 

The duties of the judicial authorities:

 

 

Article Thirteen:

 

The judicial prosecution authorities and other related offices shall inform the Office for Campaign against Bribery and Official Corruption of the related achievements concerning the crimes stated in this Law within the time appointed.

 

Absence of overlapping in duties:

 

 

Article Fourteen:

 

The provisions of this Law does not intervene with the duties and authorities provided in the legislative documents of other offices.

 

 

Enforcement:

 

 

Article Fifteen:

 

This Law shall be in effect from the day of signature by the President and shall be published in the Official Gazette.