In 2023, the Anti-Corruption Act was enacted by repealing the Bribery Act No. 11 of 1954, the Commission to Investigate Allegations of Bribery or Corruption Act, No. 19 of 1994 and the Declaration of Assets and Liabilities Law No. 1 of 1975 with objectives to strengthen and enhance the purview of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). Presently, the Commission acts as the independent organ to combat bribery and corruption by specifically giving effect to certain provisions of the United Nations Convention Against Corruption and other internationally recognized norms, standards, and best practices.

The Anti-corruption Act came into operation from 15 th September 2023 onwards and the first Commission was commenced its activities from 01 st  January 2024. The Commission consists of three members, one of whom shall be a person with expertise, reached eminence and has at least twenty years of experience in law and two of whom shall be persons with expertise, reached eminence and have at least twenty years of experience in one or more of the following fields:- (i) investigation of crime and law enforcement; (ii) forensic auditing; (iii) forensic accounting; (iv) engineering; (v) international relations and diplomatic services; (vi) management of public affairs; or (vii) public administration.

To maintain the independence of the Bribery Commission, the appointment of members of the Commission is made by the President on the recommendation of the Constitutional Council and their removal could only be made by Parliament and only on the grounds of misconduct or physical, mental, or other incapacity of a permanent nature or a disqualification under section 5 of this Act. The term of the members of the Commission is three years and shall not be eligible for reappointment. However, the members of the First Commission appointed under the provisions of this Act shall hold office as follows; (a) the Chairman shall hold office for a period of five years; (b) one other Commissioner other than the Chairman shall hold office for a period of four years; and (c) the remaining Commissioner shall hold office for a period of three years. 

The Commission is not under any Ministry or Department except for establishment purposes, where the Commissioners and the Director General coordinate with the Presidential Secretariat. The salaries are paid directly from the consolidated fund.

The Director General is appointed for a period of five years by the President upon the recommendation of the Constitutional Council and after consulting the members of the Commission and shall not be eligible for reappointment. The Director General should institute criminal proceeding on an indictment or a charge sheet on the direction of the Commission and he is the Chief Executive Officer and the Chief Accounting Officer of the Commission and is responsible to provide the necessary resources to both investigators and prosecutors.

The Commission consists of a legal unit, secretariat unit, investigation unit, prevention unit, administration unit, finance unit, information technology unit, internal audit unit and planning unit. Appointment, promotion, disciplinary control and dismissal of the officers and employees of the Commission are vested in the Commission. Therefore, at present, the Commission has power to appoint officers and employees under fixed-term contracts or permanent basis as it may deem necessary for the efficient discharge of its functions. However, the Commission should exercise these powers in the manner as may be specified by rules made on that behalf.

Meantime, Investigators are seconded from the Sri Lanka Police and act as authorized officers of the Commission. The investigations and prosecutions could only be carried out on the specific direction of the Commission. Subject to the rules made under the Anti-Corruption Act, the Commission can recruit investigators as employees of the Commission.

Strengthen integrity of governance and increase accountability, enhance transparency in governance, prevent and eradicate bribery and corruption in order to meet the just requirements of the general welfare of a democratic society are some of the objectives mentioned in the Act. Further, the Commission acts as the central authority on declarations of assets and liabilities with an objective to introduce an effective system for the declaration of assets and liabilities and exercise the powers, discharge the duties, and perform the functions of the Central Authority thereto.

ACA has expanded the scope of the CIABOC by introducing new offences such as money laundering, bribery of a foreign public official, private sector bribery, trading in influence, non-declaration of conflict of interest, offences relating sporting events …etc. in addition to bribery, corruption, and accumulation of asset offences. Further, the Act has provided an information sharing platform both locally and internationally and moreover facilitates for extradition, MLA requests and joint investigations. Apart from that, protection of informers, whistleblowers and witnesses are guaranteed under the ACA.

To maintain the independence of the Bribery Commission, the appointment of members of the Commission is made by the President on the recommendation of the Constitutional Council and their removal could only be made by Parliament and only on the grounds of misconduct and incapacity. Their appointment is for a period of 5 years and the Commissioners cannot be reappointed. The Commission is not under any Ministry or Department except for establishment purposes, where the Commissioners and the Director General coordinate with the Presidential Secretariat. The salaries are paid directly from the consolidated fund.

The Act provides for the appointment of a Director General (DG). The DG is the Chief Financial and Administrative Officer of the institution and is responsible to provide the necessary resources to both investigators and prosecutors.

The Commission consists of a legal unit, secretariat unit, investigation unit, administration unit and finance unit. The Commission under the supervision of the Public Service Commission (PSC) carries out the interviews for recruitments of the legal officers. The appointing authority and the disciplinary powers of the legal officers are vested with the PSC.

Investigators are seconded from the Sri Lanka Police and act as authorized officers of the Commission. The investigations and prosecutions could only be carried out on the specific direction of the Commission. However, for the Commission to maintain its true independency, it is necessary for the investigators to be employees of the Commission.

Additionally, CIABOC is in the process of identifying Experts such as Chartered Accounts, Forensic Auditors, Chartered Engineers, Surveyors, IT specialists, establishing an intelligence unit etc.

Section 5 of the Commission to Investigate Allegations of Bribery or Corruption Act, provides extensive investigative powers to the Commission including the power to seize bank accounts and impound passports. The Commissioners are immune from prosecution for any official act performed in good faith. (Section 19(1) of the CIABOC Act.)

The Commission mandate expands to bribery, corruption and Declaration of Assets and Liabilities law. It is statutorily empowered to investigate and prosecute all complains.