Comprehensive Anti-Corruption Act, 1721

Comprehensive Anti-Corruption Act, 1721

Long title	An Act to Implement Comprehensive Measures to Prevent, Detect, and Punish Corruption in the Federation of Nouvelle Alexandrie; and for Other Purposes.
Introduced by	Deputy Paolo Antonio Aguilar
Extent	Entire Federation of Nouvelle Alexandrie
Other legislation
Amendments	None
Related legislation	None

Bill as submitted to the federal Assembly, 1721

A

BILL

TO

Implement Comprehensive Measures to Prevent, Detect, and Punish Corruption in the Federation of Nouvelle Alexandrie; and for Other Purposes.

COMPREHENSIVE ANTI-CORRUPTION ACT, 1721

Presented by Deputy Paolo Antonio Aguilar, FHP

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1721 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

Article 1: Citation.

1. This Act may be cited as the "Comprehensive Anti-Corruption Act, 1721".
   

Article 2: Definitions.

1. "Public official" refers to any person employed by the government, including elected officials, civil servants, and individuals appointed to public positions. This definition also extends to persons acting on behalf of a public official or agency, such as contractors or consultants.
2. "Corruption" refers to the misuse of public office for private gain and includes acts such as bribery, embezzlement, nepotism, fraud, and favoritism. The act of corruption also extends to instances where public officials fail to declare conflicts of interest or where they improperly use insider information for personal gain.
3. "Whistleblower" refers to any person who discloses information about suspected wrongdoing or illegal activities within an organization to the public or to those in positions of authority.

PART II
COMPREHENSIVE ANTI-CORRUPTION MEASURES

Article 3: Public Disclosure of Information.

1. Except in matters of or affecting national security as determined by the President of the Government, all public officials, as defined in this Act, are required to disclose the following information in a timely and transparent manner:
   1. Records of their official daily meetings, including the identity of all participants, the date and time, the location, and the main subjects discussed. These records shall be published within seven days after the meeting.
   2. Funding requests and decisions. This includes both requests for government funding made by the public official and requests made to the public official. The details, rationale, and decision for each funding request shall be published within seven days after the decision.
   3. Spending reports. All expenditures of public funds by the public official or under their authority shall be reported. This includes the amount, purpose, recipient, and authorizing official for each expenditure. Spending reports shall be published monthly.
   4. Personal financial disclosures. All public officials shall disclose their income, assets, liabilities, and financial interests. These disclosures shall be updated annually and whenever there is a significant change.
2. The government shall develop and maintain a comprehensive, user-friendly, and secure online platform for the publication of this information. This platform should meet the following requirements:
   1. It should be accessible to all citizens of the Federation of Nouvelle Alexandrie and to the international public. It should also be compatible with assistive technologies for persons with disabilities.
   2. It should allow users to search, sort, and download the information in various formats.
   3. It should protect the confidentiality of sensitive personal information, in compliance with privacy laws and regulations.
   4. It should be established and fully operational no later than one AN year from the enactment of this legislation.
3. The Anti-Corruption Agency (ACA) shall oversee the implementation of this article and shall issue guidelines to public officials on the disclosure of information.
4. This Act recognizes the public's right to access information held by the government, subject to certain exceptions. This includes the right to request and receive information that is not automatically published under this Act. The ACA shall establish a procedure for such requests.
5. The right to access information may be limited in exceptional cases where it is necessary to protect national security, law and order, the privacy of individuals, the confidentiality of legal proceedings and legal advice, or other legitimate interests recognized by law. Any refusal to disclose information must be justified in writing by the relevant public official, subject to review by the ACA and the courts.

Article 4: Anti-Corruption Agency.

1. An independent Anti-Corruption Agency (ACA) is hereby established. The ACA will be overseen by an Ombudsman, appointed by the King on the advice of the Federal Assembly, for a non-renewable term of 5 AN years.
   1. The Ombudsman will be responsible for the overall operation and administration of the ACA. The Ombudsman shall be a person of high moral character and proven integrity, with a background in law enforcement, law, or public administration. No person shall qualify to be Ombudsman if previously convicted in a court of law of the Federation of elsewhere, of a crime.
   2. The Ombudsman may be removed from office only for reasons of incapacitation, negligence, or misconduct, upon a two-thirds vote of the Federal Assembly.
2. To ensure adequate regional representation, the ACA will have regional offices in all major Regions of the Federation of Nouvelle Alexandrie. Each regional office will be led by a Regional Director, who shall be a native or resident of the region they represent. Regional Directors will report directly to the Director of the ACA.
3. All officials and direct employees of the ACA must be non-partisan and shall not engage in any partisan political activities during their term of service, except to vote in elections. Upon appointment, they must declare any potential conflicts of interest and recuse themselves from any cases where such conflicts may arise.
4. The ACA will be organized into four main departments:
   1. the Prevention Department,
   2. the Investigation Department,
   3. the Prosecution Department, and
   4. the Research and Development Department.
5. The Prevention Department will be responsible for developing anti-corruption policies and programs, conducting risk assessments, and promoting ethics and integrity in the public service.
6. The Investigation Department will be responsible for examining allegations of corruption, gathering evidence, and preparing case files for the Prosecution Department.
7. The Prosecution Department will be responsible for prosecuting corruption cases in coordination with the national judiciary.
8. The Research and Development Department will be tasked with conducting research on anti-corruption strategies, developing innovative tools and techniques for corruption detection and prevention, and providing continuous training for ACA staff. The department will collaborate with academic institutions and international anti-corruption bodies to stay abreast of the latest developments and best practices in the field of anti-corruption.
9. The ACA will have the authority to establish additional regional offices throughout the Federation of Nouvelle Alexandrie, as deemed necessary by the Ombudsman.
10. The ACA will have investigative powers and will work in conjunction with law enforcement agencies and the judiciary to ensure that cases of corruption are effectively addressed. This includes the authority to subpoena documents, compel witness testimonies, and prosecute cases directly.
11. The ACA will have an Internal Affairs Unit (IAU), tasked with ensuring the agency's integrity and credibility by investigating allegations of misconduct within the ACA. The IAU will operate independently from other ACA departments and will report directly to the Ombudsman.
    1. The IAU will be led by an Internal Affairs Officer, who is appointed by the Ombudsman and approved by the Federal Assembly. The Internal Affairs Officer will serve a non-renewable term of 5 AN years.
    2. The IAU will have the power to conduct internal audits, investigate allegations of corruption and misconduct, and propose disciplinary action, including suspension or removal of ACA staff found guilty of misconduct.
    3. To foster transparency and accountability, the IAU shall publish an annual report on its activities. This report shall not disclose the identity of the complainants or those investigated, unless the allegations result in formal charges.
    4. The IAU is required to maintain a confidential, secure, and accessible system for ACA staff to report any instances of misconduct, abuse of power, or violations of agency policies and procedures.
12. The ACA shall establish and appoint an Advisory Board, composed of representatives from civil society, academia, and the private sector, to provide guidance and input on its strategies and initiatives.
    1. The Advisory Board shall consist of 9 members, appointed by the Ombudsman, with the advice and consent of the Federal Assembly. Advisory Board members shall serve staggered terms of 3 AN years to ensure continuity of the board.
    2. Members of the Advisory Board shall include experts in fields relevant to the ACA’s mission, such as law, public policy, ethics, data analysis, and technology.
    3. The Advisory Board will meet at least four times a year, and all meetings will be open to the public, except when discussing sensitive or confidential matters.
    4. The Advisory Board shall review and provide recommendations on the ACA's strategic plans, annual reports, and proposed initiatives. They may also conduct their own studies and produce reports on relevant topics at the request of the Ombudsman.
    5. The Advisory Board will have a chairperson, elected by the board members, who will be responsible for preparing the agenda, presiding over meetings, and communicating with the Ombudsman.
13. The ACA shall publish an annual report on its activities within the first quarter of the following year, which shall be made publicly available to foster transparency and accountability. This report will include the number of cases investigated, prosecuted, and the resulting sanctions, as well as the agency’s expenditures and upcoming initiatives.

Article 5: Enhanced Whistleblower Protections.

1. Comprehensive protections are hereby established for whistleblowers who disclose information about suspected corruption.
   1. These protections will include safeguards against retaliation in the form of job termination, demotion, harassment, or any form of adverse employment action.
   2. In the event of alleged retaliation, whistleblowers will have the right to lodge a complaint with the Internal Affairs Unit of the ACA, which will be obliged to investigate the claim promptly and impartially.
   3. Whistleblowers who prevail in retaliation claims are entitled to remedies, which may include reinstatement, back pay, compensatory damages, and reimbursement of legal fees and related expenses.
   4. The law will also provide provisions for anonymous reporting. All reports made to the ACA should allow for the option to remain anonymous. The identity of the whistleblower will be protected and will not be disclosed without their consent unless required by law and if necessary for the proceedings of a court or tribunal.
   5. Whistleblowers are entitled to access legal assistance funded by the government. This includes free consultation services and representation in legal proceedings related to their whistleblowing activities.
2. The government shall establish a secure and confidential reporting system for whistleblowers, to be managed by the ACA.
   1. This system should be designed to protect the identity of the whistleblower and maintain the confidentiality of the information provided.
   2. The system should allow for the submission of reports via multiple channels, including a dedicated hotline, an online submission form, and a secure postal address.
   3. The ACA will be responsible for reviewing and investigating all reports received through the system.
   4. All reports will be acknowledged within seven days of receipt, and whistleblowers will be informed of the progress of investigations into their reports.
   5. This system should be operational no later than six months from the enactment of this legislation. In the interim, reports should be submitted directly to the ACA's Internal Affairs Unit.

Article 6: Education and Training.

1. The government, in collaboration with educational institutions, the Federal Legal Association, and civil society organizations, shall develop and implement anti-corruption education and training programs.
   1. The goal of these programs will be to raise awareness about the nature and consequences of corruption, the rights and responsibilities of citizens and public officials under this Act, and the ways in which individuals and organizations can contribute to the prevention and detection of corruption.
   2. These programs should foster a culture of integrity, transparency, and accountability in public service and in society at large.
2. The programs will include but not limited to the following elements:
   1. A nationwide public awareness campaign on the importance of anti-corruption efforts.
   2. Inclusion of anti-corruption education in the curriculum of federal colleges and universities. This will encompass relevant disciplines such as law, public administration, business, and social sciences.
   3. Professional training programs for public officials and legal professionals, in partnership with the Federal Legal Association. These will provide participants with the knowledge and skills needed to prevent, detect, and respond to corruption in their professional roles.
   4. Specialized training for law enforcement officers, judiciary members, and ACA staff on the investigation and prosecution of corruption cases.
   5. Community outreach and education initiatives, to empower citizens to recognize and report instances of corruption.
3. The ACA, in conjunction with the Department of Education, Culture and Sports and the Federal Legal Association, will be responsible for overseeing the development and implementation of these education and training programs.
4. A detailed curriculum for the aforementioned programs shall be developed within six months of the enactment of this legislation. The curriculum shall be subject to periodic review and updates to ensure its relevance and effectiveness.
5. Federal colleges, universities, and other institutions providing these programs will report annually to the ACA on the implementation and outcomes of the programs. This data will be used to continuously improve the programs and their impact.

Article 7: Sanctions.

1. Any public official found guilty of corruption shall be subject to the following sanctions:
   1. Fines amounting to not less than 200% of the value of the benefits obtained or sought through corrupt practices. This is intended to deter corrupt activities by ensuring that they are not profitable.
   2. Imprisonment for a term not less than 5 years. The exact term will depend on the severity and the nature of the corrupt act, and any prior convictions for corruption or other criminal offenses. Maximum imprisonment for severe corruption offenses may extend to life imprisonment.
   3. A lifetime disqualification from holding any public office, elected or appointed, in the Federation of Nouvelle Alexandrie. This also extends to roles in public corporations or other entities that are fully or partially owned or controlled by the government.
2. The severity of the sanctions shall be determined by a competent court, considering the following factors:
   1. The nature and gravity of the offense, including the amount of money or value of the benefits involved.
   2. The level of responsibility and trust vested in the public official, and the extent to which they abused their position.
   3. The harm or potential harm to public trust, public finances, or the public interest.
   4. Any previous convictions for corruption or other criminal offenses.
   5. The circumstances of the offense, including whether it was a single act or part of a pattern or scheme of corruption.
3. The court shall provide written reasons for its decisions on sanctions, which shall be made publicly available unless the court determines that this would harm the interests of justice.
4. In addition to these sanctions, any assets acquired through corrupt practices shall be confiscated and returned to the Treasury of the Federation of Nouvelle Alexandrie, unless they can be restored to specific victims of the corruption as determined by the courts.
5. Public officials who are under investigation for corruption may be suspended from their duties, pending the outcome of the investigation. This will be at the discretion of the ACA, in consultation with the relevant government department or agency.

PART III
CLOSING PROVISIONS.

Article 8: Closing Provisions.

1. This act shall apply to all of the Federation of Nouvelle Alexandrie.
2. The annual budget of the ACA shall be appropriated in accordance with law and cannot be decreased.
3. This act shall not become law unless it has been given Royal Assent.
4. This act shall be published and made publicly available.
5. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, and the application of such provision to other persons or circumstances, shall not be affected thereby.