Gabon ACL

**Unofficial Translation** Law No. 002/2003 of 7 May 2003 instituting a Prevention and Repression System against Illegal Enrichment in Gabon. The present Law contains 3 chapters dealing with prevention, repression and various and final provisions.

OFFICIAL JOURNAL THE REPUBLIC OF GABON ___________ PARTY OFFICIAL ___________ ACTS OF THE REPUBLIC OF GABON ________ National Assembly ____ Law No. 002/2003 of 7 May 2003 establishing a regime of prevention and suppression of illicit enrichment in the Gabonese Republic.

The National Assembly and the Senate deliberated and adopted, Given the decision No. 012 of the Constitutional Court dated February 10, 2003; The President of the Republic, Head of State, Promulgates the law reads as follows: Article 1: This law, adopted under Article 47 of the Constitution establishes a system of prevention and suppression of illicit enrichment in the Gabonese Republic.

Article 2: For the purposes of this Act, is considered as illicit enrichment, the fact that, for all in authority of the State, to carry out or attempt to realize personal gain or to obtain any benefit from any nature: - Through acts of corruption or bribery, extortion, fraud, misappropriation or embezzlement of money or public property, abuse of power, influence peddling, illegal

taking of interest or any other illegal means; - By means of an unlawful practice in matters of expropriation, business acquisition, franchise or license for export or import; - By improper use, has his own benefit or that of a third, all types of confidential or privileged information which he has knowledge by reason or the occasion of his duties.

Is also considered as illicit enrichment, a significant increase of the heritage of all in authority of the state that it can not reasonably explain in relation to income that has legitimately earned.

Article 3: The provisions of this Act apply to all in authority of the State: - Political authority; - Administrative authority; - Public official; - And any officer or statutory occasional state, local, public or semi.

Article 4: The provisions of this Act apply also to any person having a relationship, marriage, association or current service or password or using a nominee in authority of the State which makes or attempts to generate personal profit by means listed in Article 2 above.

CHAPTER I: PREVENTION Article 5: All in authority of the State is obliged under a duty to make a declaration of his fortune before he took office every three years during the term thereof, and upon termination of it and at the time of termination.

Article 6: The Declaration of assets referred to in article 5 above has clearly the detail of the real and personal property in authority of the State, his spouse and his descendants minors.

Article 7: The form and content of statements of assets and the conditions of their conservation in the General Secretariat of the National Commission to Fight against illicit enrichment are fixed by decree.

The same decree determines the components of the declaration of wealth in authority of the State based upon the promulgation of this Law. Article 8: All in authority of the State fails to submit to the formality of declaration of wealth established by this law is removed from office or of his office in accordance with

the rules governing their status or agreement which it belongs.

Article 9: All in authority of the State leaves office without the timely submission of his statement prescribed fortune may, without prejudice to any disciplinary or criminal action may be brought against him, be 2 GAZETTE OF THE REPUBLIC OF GABON May 2003, No. 5 confiscate property until a decision on the merits of the seizure.

Article 10 The declarations of assets are strictly confidential. They are received and recorded by the Secretary-General of the National Commission for fight against illicit enrichment. The confidentiality of the declarations of wealth is not binding on members.

Article 11: The custodian of the authority of the state is also required to declare any additional activities, temporary or permanent, exercised in conjunction with his duties or employment.

The additional activity referred to in paragraph 1 of this Article is particularly the situation in authority of the State: - Being in authority of 1'Etat, directly or indirectly affected by a decision to be taken by the entity; - Being in authority of the state, holds a private interest, direct or indirect in any contract, agreement or investment emanating from his service.

CHAPTER II: THE PUNISHMENT Section I: Offences on public finances Article 12: All in authority of the state charge of a public service, every collector of duties, taxes, contributions or other public funds to be fraudulently received or ordered to charge a fee for the recovery of undue human rights, contributions or taxes or other public funds, shall be punished with imprisonment from two to ten years and a fine of 2,000,000 to 20,000,000 CFA francs.

Convictions under this Article outweigh the prohibition of right, to condemn, for the exercise of rights under Article 18 of the Criminal Code.

Article 13: Shall be punished by the penalties provided in section 12 above: - All holders of public authority who intentionally introduce taxes direct or indirect, other than those prescribed and authorized by law or regulations in force or establish the roles of these or make recovery;

- All holders of public authority which, in any form for any reason whatsoever, shall, without authorization of the enabling legislation or specially given by the supervisory authority intentionally or grants exemptions from franchise fees, taxes or public charges, or delivers products free of 1'Etat institutions; - Any person who, in charge of the recipe, custody, employment, management, negotiation or transfer of any portion of the funds or public property, has intentionally provided false returns or statements, has or leaves have unlawfully those public funds or assets to the detriment of a public body.

Article 14: In addition to the persons referred to in Article 4 above, the accomplices of the events referred to in this Section shall incur the same penalties as the perpetrators.

Section II: incitement to corruption Article 15 shall be punished by the penalties provided in section 12 above, who: - Will itself, by an intermediary or in groups, unduly requested, received or agrees to accept for himself or a third that of an advantage as an incentive, reward or cause the performance, the abstention from any act whatsoever by any member, manager, officer or employee of an entity under public or private in connection with a business or any transaction, completed or proposed; - Will himself, for an intermediate or as a group, given, promised or offered an undue loan, commission, remuneration or any benefit to a person for his benefit or on behalf of a third party, as an incentive of reward, the fulfillment or refraining from any act whatsoever; - By a member, manager, officer or employee of an entity under public or private in connection with a business or any transaction, completed or planned.

Are specifically targeted by the provisions of this Article who, fraudulently: - Give or accept, directly or indirectly, on their own behalf or on behalf of another person, an advantage to have the incentive or reward to use the influence of their duties to promote or administer, or execute a purchase contract, including modification, suspension or cancellation of a contract; - Give or accept, directly or indirectly, on their own behalf or on behalf of another person, an advantage to encourage or May 2003 - No. 5 OFFICIAL GAZETTE OF THE REPUBLIC OF GABON 3

reward the withdrawal of an offer to execution of works, services or supply of any article, material or substance; - Accept or offer to give, directly or indirectly on their behalf or on behalf of a third party, an advantage to induce or to refrain from bidding in an auction.

Section III: passive bribery and influence peddling.

Article 16: To be convinced of the crime of accepting bribes and sentenced to imprisonment from two to ten years and a fine of 2,000,000 to 20,000,000 CFA francs, any person who, for himself or a third party, intentionally solicit or approve offers or promises, solicited or accepted gifts or presents for: - Being in authority of the state, invested with an elective office, public officer or a Crown corporation or a mixed economy, officer of a department of public service, to abstain or to postpone an act relating to his duties or employment, fair or not, but not about a salary; - Being arbitrator or expert appointed by a court or by the parties, make a decision or give an opinion for or against a party; - As a physician, surgeon, dentist, midwife, or falsely certifying conceal the existence of disease or infirmity, or pregnancy, or provide false information on the origin of disease or infirmity, or cause of death.

Article 17: All in authority of the state that engages in acts of solicitation or collection of contributions is subject to the undue penalties provided for in Article 16 above, no matter the place or his actions were committed or attempted. It is the same for all in authority of the state who solicits or accepts payment in cash or in kind for himself or a third party in compensation for an act already performed its function.

Article 18: Shall be punished by imprisonment of two to five years and a fine of 2,000,000 to 5,000,000 CFA francs any clerk, servant or agent, salaried or remunerated in any form which, either directly or by proxy, shall, without the knowledge or without the consent of his supervisor, AGREE or solicits offers or promises, either solicited or accepted gifts, presents, commissions, discounts or premiums do or abstain from doing any act relating to his employment.

Article 19: If the offers, promises, donations or solicitations REFERRED TO IN ARTICLE 18 above tend to carry, a forbearance or deferment of an act which, although

outside the remit personal of the individual, are or may be facilitated by the function or service it provides, the penalty is imprisonment for two to five years and a fine of 200,000 to 1,500,000 CFA francs.

Article 20: To be punished by imprisonment of two to ten years and a fine of 2,000,000 to 20,000,000 CFA francs, any person who, for itself or for third, will be solicited or accepted donations presents or to obtain or attempt to obtain decorations, medals, honors or awards, places, positions or employment, or favors of any kind is authorized by the public, walks, businesses or other profits arising from treaties with the 'public authority or an administration under the control of the public, or, in general, a favorable decision of such authority or administration, and will thus abuse a real or supposed influence.

However, when the perpetrator is a person described in paragraph I of Article 16 of this Act and he abuses the real or supposed influence that gives it its mandate or its quality, the sentence will be of at least three years and ten years.

Article 21: All in authority of the State, either openly or by simulated act, or by proxy, will, informed consent, in the acts, or awards which he has governed the administration or monitoring, in the private, public or semi under its supervision or control, in steps or contracts on behalf of the State with any of the undertakings above, taken or received some interest whatsoever, shall be punished by imprisonment of at least two years and more than ten years and a fine of 2,000,000 to 20,000,000 CFA francs.

It will, has never declared unable to perform a job or public office.

This provision also applies to all in authority I of the State which will have knowingly taken any interest in a case which was ďżź 4 GAZETTE OF THE REPUBLIC OF GABON May 2003, No. 5 ďżź ďżź direct charge of the payment schedule or to the liquidation.

Article 22: Shall be punished by the penalties provided in Article 21 of this Act who - Directly or indirectly, knowingly, on its own behalf or that of others, becomes a party or cause the participation of others is a transaction on a property, or uses or causes the use of or holds, receives or conceals all or part of a property that is known or suspected of being responsible for a breach of this Act; - Fraudulently converts or converts to his service or benefit, a property or a public resource;

- Grants or fraudulently obtained an exemption, remission, reduction or abatement of payment of revenue, taxes or charges; - Causes, by design, the execution by a computer or other electronic machine function causing a loss of revenue; - Knowing he lacks the necessary funds, sends out to a public body a negotiable instrument that is released upon presentation; - Fraudulently receives income or property belonging to the State; - Acquires or disposes of land illegally or fraudulently, mortgages or privileges of the State; - Being responsible for the receipt, custody, employment, management, negotiation or transfer of any portion of the funds or public property: - Performs in full knowledge of the payments from public funds for goods of inferior quality, defective, incompletely books or services performed; - Deliberately violated the standards and procedures established public and guidelines for the allocation and sale of land and property, a procurement, submission of a contract and fund management; - Sell or transfer fraudulently land or assets; - Makes overpayments for services performed or goods books; - Misappropriated property in transit to the local market.

Section IV: concealment and complicity Article 23: Any person related to the perpetrators of the events referred to in this Act who, knowingly has benefited in any manner whatsoever of goods, resources or other goods from them or have acquired the property, will be prosecuted for complicity.

Article 24: Any officer, agent or employee of a public administration, charge, right even of his office, monitoring or direct control of a private company and who is on leave or availability, or admission after retirement or after resignation, removal or revocation and for a period of five years from the termination of the function, or will take an interest in work, counseling or capital, except by hereditary devolution in terms shareholders in the concession, business, or rule which was directly subject to its supervision or control, and that informed consent shall be liable to the penalties prescribed in Article 21 above.

Leaders of concessions, public companies are governed or considered an accomplice.

CHAPTER III MISCELLANEOUS AND FINAL Article 25: The authors and accomplices of acts to which this Act shall, in all cases, sentenced to full compensation due.

Article 26: The offenses covered by this section are under the jurisdiction of the Special Criminal Court.

Article 27: Regulatory instruments shall consider, as appropriate, the provisions of all kinds needed for the application of this Law. Article 28: This law shall be registered, published according to the procedure of urgency and perform as a law of the state.

Done at Libreville, May 7, 2003 By the President of the Republic, Head of State El Hadj Omar BONGO The Prime Minister, Head of Government Jean François Ntoutoume Emane  May 2003 - No. 5 OFFICIAL GAZETTE OF THE REPUBLIC OF GABON 5   The Minister's Charge State Control, Inspections, the fight against poverty and the fight against corruption.

Martin Mabala.

The Minister of State, Minister of Planning and Programming Development. Casimir OYE MBA The Minister of State, Minister of Economy, Finance, Budget and Privatization. Paul Toungui The Minister of Justice, Minister of Justice Honorine DOSSOU NAKI The Minister of Civil Service, Administrative Reform and Modernization of the State. Pascal Desire MISSONGO. __________ 0003/2003 Act of May 7, 2003, on the establishment, organization and functioning of the National Commission for fight against illicit enrichment.

The National Assembly and the Senate deliberated and adopted, Given the decision No. 011 of the Constitutional Court dated February 10, 2003; The President of the Republic, Head of State,

Promulgates the law reads as follows: Article 1: This Act, adopted pursuant to Article 47 of the Constitution, the establishment, organization and functioning of the National Commission for fight against illicit enrichment.

Chapter I: the creation and functions Article 2: It is an independent administrative authority created CALLED National Commission for fight against illicit enrichment.

Article 3: The headquarters of the National Commission for fight against illicit enrichment is fixed Libreville. It is inviolable.

Article 4: The National Commission for fight against illicit enrichment is specialized in the prevention and finding the facts of illicit enrichment.

As such, it has, inter alia: - Centralize information necessary to prevent practices of illicit enrichment; - To detect and to take protective measures; - To punish the illicit enrichment and practices of illicit enrichment; - To collect and preserve the asset declarations of public officials REFERRED TO IN ARTICLE 21 below; - To encourage and promote within institutions and public and parastatal bodies and mechanisms to prevent, detect and punish the illicit enrichment; - Periodically assess the impact of strategies and performance achieved; - To make any investigation useful facts on illicit enrichment or conflict of interests and any other practice of illicit enrichment; - Organizing seminars and conferences on issues related to illicit enrichment; - To comment on any draft text on issues relating to illicit enrichment, conflict of interest, the remuneration of officials, methods of collection of taxes, government procurement as well as ethical for the public or parapublic sector; - To advise on any issue of illicit enrichment, conflict of interests or any other matter within its jurisdiction.

Article 5: Consultation of the National Commission for fight against illicit enrichment on the draft texts referred to 9th indent of Article 4 is mandatory.

Chapter II: Organization Article 6: The National Commission for fight against illicit enrichment consists of ten members appointed by decree of President of the Republic for a five-year non-renewable and divided into two colleges: - The first college out of four Magistrates hierarchy appointed by the President of the Republic among the Magistrates groups 6 and 7 - The second college includes six members from among the personalities who performs high functions and responsibilities in the public sector or private known for their honesty and moral integrity.