United Nations Convention against Corruption (UNCAC)

Art. 5-1

The legal framework allows for the development and implementation or maintenance of effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.

Art. 5-4

The legal framework allows for the collaboration between the State Parties and relevant international and regional organizations in promoting and developing the measures referred to article 5 of UNCAC.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 4(1): The tasks of the Commission are: c. to follow and analyze developments in the field of preventing and combating corruption, both regionally and internationally, and on the basis thereof to deliver opinions to the Minister on a national anticorruption strategy; g. in coordination with the Minister, to maintain contacts with international authorities specializing in the field of preventing and combating corruption, including for the sake of financing projects;

Art. 6-1

The legal framework allows for the existence of a body or bodies, as appropriate, that prevent corruption by such means as:
a) implementing the policies referred to in Article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; and
b) increasing and disseminating knowledge about the prevention of corruption.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 2 (1): There exists an Anticorruption Commission, hereinafter referred to as “the Commission,” that is entrusted with the prevention and early detection of abuses within state institutions, and with protecting persons reporting abuses and passing reports on to the Procurator-General. Article 4 (5): The Commission has an office. The office is tasked with granting administrative, personnel and scientific support to the Commission.

Art. 6-2

The legal framework allows granting to the body or bodies referred to in Article 6-1 of UNCAC:
- the necessary independence to enable the body or bodies to carry out its or their functions effectively and free from any undue influence; and
- the necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 2: 1. There exists an Anticorruption Commission, hereinafter referred to as “the Commission,” that is entrusted with the prevention and early detection of abuses within state institutions, and with protecting persons reporting abuses and passing reports on to the Procurator-General. 5. The chair, deputy chair, and other members are appointed by the President for terms of 5 (five) years. The appointment takes place at the recommendation of the Minister, after the National Assembly has been consulted by the Minister and the National Assembly has informed the Minister that it can consent to the appointment recommendation, with due regard for the provisions of paragraph 8. At the end of their term, they are eligible for immediate reappointment for no more than two terms. 6. a. The chair, deputy chair, and other members must not hold any additional positions for public authorities or functions in organizations, paid or otherwise, the exercise of which is undesirable from the perspective of proper performance of their office or preservation of their impartiality and independence or confidence therein. Positions that they hold outside their office must be communicated to the Minister in writing and must be made public. b. Membership in the Commission is irreconcilable with membership in: (1). a popular representative body; (2). the Government; (3). the Council of State and Court of Auditors. Notwithstanding the provisions of subparagraph b, the members of the Commission must not be related to each other or to members of the bodies named in subparagraph b by blood or affinity through the second degree, by permanent cohabitation, or by marriage. d. A member of the Commission must not occupy the profession or office of attorney, certified public accountant, or civil-law notary. e. A member of the Commission must not fulfill any function in the formal structure of a political organization. 7. Anyone appointed to fill a vacated position must step down at the time when the person to whose position he or she was appointed would have had to step down. 8. Persons eligible for appointment as member of the Commission are residents who: a. hold Surinamese citizenship; b. have attained the age of 40 (forty) years; c. have no prior criminal convictions and are of good character;

Document title

References

Anti-Corruption Act

Anticorruption Act
Article 2:
1. There exists an Anticorruption Commission, hereinafter referred to as “the Commission,” that is entrusted with the prevention and early detection of abuses within state institutions, and with protecting persons reporting abuses and passing reports on to the Procurator-General.
5. The chair, deputy chair, and other members are appointed by the President for terms of 5 (five) years. The appointment takes place at the recommendation of the Minister, after the National Assembly has been consulted by the Minister and the National Assembly has informed the Minister that it can consent to the appointment recommendation, with due regard for the provisions of paragraph 8. At the end of their term, they are eligible for immediate reappointment for no more than two terms.
6. a. The chair, deputy chair, and other members must not hold any additional positions for public authorities or functions in organizations, paid or otherwise, the exercise of which is undesirable from the perspective of proper performance of their office or preservation of their impartiality and independence or confidence therein.
Positions that they hold outside their office must be communicated to the Minister in writing and must be made public.
b. Membership in the Commission is irreconcilable with membership in:
(1). a popular representative body;
(2). the Government;
(3). the Council of State and Court of Auditors. Notwithstanding the provisions of subparagraph b, the members of the Commission must not be related to each other or to members of the bodies named in subparagraph b by blood or affinity through the second degree, by permanent cohabitation, or by marriage.
d. A member of the Commission must not occupy the profession or office of attorney, certified public accountant, or civil-law notary.
e. A member of the Commission must not fulfill any function in the formal structure of a political organization.
7. Anyone appointed to fill a vacated position must step down at the time when the person to whose position he or she was appointed would have had to step down.
8. Persons eligible for appointment as member of the Commission are residents who:
a. hold Surinamese citizenship;
b. have attained the age of 40 (forty) years;
c. have no prior criminal convictions and are of good character;

Art. 7-1

The legal framework allows for the adoption, maintenance and strengthening of systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials:
a) that are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
b) that include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;
c) that promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party; and
d) that promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions, and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions.

Art. 8-1

In order to fight corruption, the legal framework allows for the promotion of, inter alia, integrity, honesty and responsibility among its public officials.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 4: The tasks of the Commission are: a. to periodically provide instructions and directives to state institutions on the prevention of corruption, to screen state institutions on their compliance with said instructions and directives, and to periodically report on such matters to the National Assembly and the Government; b. to provide state institutions with solicited and unsolicited advice on promoting integrity and compliance within the organization and to take measures that discourage the chance of abuses e. to present integrity codes for public officials to the Government and to relevant administrative bodies; f. coordinating and supporting information, training and education on the prevention of corruption in the broadest sense;

Art. 8-2

In particular, the legal framework allows for the application, within the domestic institutional and legal systems, of codes or standards of conduct for the correct, honourable and proper performance of public functions.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 4: The tasks of the Commission are: d. to anticipate new regulations on combating corruption and to deliver opinions to state institutions in that regard; e. to present integrity codes for public officials to the Government and to relevant administrative bodies;

Art. 8-5

The legal framework allows for the establishment of measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 4 (2): The Commission is authorized: b. within the framework of the preventive tasks, upon request or at its own initiative, to perform investigations within state institutions concerning their compliance with the instructions and directives referred to in paragraph 1, subparagraph a, and to evaluate the organizational structures, processes, and procedures for their sensitivity to abuses; within this framework, the Commission is authorized to engage in local orientation; c. to summon and examine public officials and relevant persons or authorities in connection with the provisions of paragraph 1, subparagraph b. The written report of the examination is signed by the chair following adoption by the Commission; d. to request from state institutions and/or public officials documents and information needed or desired for the auditing and investigation referred to in subparagraph b and to examine witnesses under oath in this regard; the chair is authorized to administer the oath Article 9 [extract]: 1. The public officials referred to below are required to make a truthful statement of their personal income and assets, stating their sources and, where applicable, the nominal value of participation and interests in legal entities and items supplied to legal entities, to be deposited at the notary's office in accordance with a standard form to be determined by state decree pursuant to paragraph 5:[…] Article 10 [extract]: 1. The statement shall contain the financial data on income(s) and wealth (assets and liabilities) of the public official, and, where applicable, any interest or participation that the public official has in legal persons, companies and other entities, including investments in shares. 2. Assets as referred to in paragraph 1 include: a. balances on domestic and foreign bank accounts;[…] Article 11 [extract]: 1. The Commission maintains a register of receipts for statements given into the custody of a notary as provided to the Commission in accordance with Article 9, paragraph 1. The Attorney-General has access to the register. The statements given into the notary’s custody are kept by the notary under strict confidentiality in a closed or sealed envelope. Only information in accordance with the provisions of this Act is provided from them. […]

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References

Anti-Corruption Act

Anticorruption Act
Article 4 (2): The Commission is authorized:
b. within the framework of the preventive tasks, upon request or at its own initiative, to perform investigations within state institutions concerning their compliance with the instructions and directives referred to in paragraph 1, subparagraph a, and to evaluate the organizational structures, processes, and procedures for their sensitivity to abuses; within this framework, the Commission is authorized to engage in local orientation;
c. to summon and examine public officials and relevant persons or authorities in connection with the provisions of paragraph 1, subparagraph b. The written report of the examination is signed by the chair following adoption by the Commission;
d. to request from state institutions and/or public officials documents and information needed or desired for the auditing and investigation referred to in subparagraph b and to examine witnesses under oath in this regard; the chair is authorized to administer the oath
Article 9 [extract]:
1. The public officials referred to below are required to make a truthful statement of their personal income and assets, stating their sources and, where applicable, the nominal value of participation and interests in legal entities and items supplied to legal entities, to be deposited at the notary's office in accordance with a standard form to be determined by state decree pursuant to paragraph 5:[…]
Article 10 [extract]:
1. The statement shall contain the financial data on income(s) and wealth (assets and liabilities) of the public official, and, where applicable, any interest or participation that the public official has in legal persons, companies and other entities, including investments in shares.
2. Assets as referred to in paragraph 1 include:
a. balances on domestic and foreign bank accounts;[…]
Article 11 [extract]:
1. The Commission maintains a register of receipts for statements given into the custody of a notary as provided to the Commission in accordance with Article 9, paragraph 1. The Attorney-General has access to the register. The statements given into the notary’s custody are kept by the notary under strict confidentiality in a closed or sealed envelope. Only information in accordance with the provisions of this Act is provided from them. […]

Art. 9-1

The legal framework allows for the establishment of appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia:
a) the public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;
b) the establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;
c) the use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
d) an effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;
e) where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.

Document title	References
Tender Regulations for Works in Suriname (AWS 1996)	The legal framework provides for systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems are regulated in the following 2 regulations ( Tender Regulations for Works in Suriname (AWS 1996) and Performance Conditions for Works in Suriname 1996 (UWS 1996)) of which a summary is given below. On the basis of the above legal regulations, provision is made for, among other things: the public distribution of information relating to procurement procedures and contracts; the establishment, in advance, of conditions for participation; and an effective system of domestic review, including an effective system of appeal. Tender Regulations for Works in Suriname (AWS 1996) Chapter 1 contains the General Provisions in which definitions, applicability as well as the methods of procurement and their description are described. Chapter 2 deals with Public procurement. The provisions of this Chapter elaborate on Publication, Specifications, Designation, Requirements for eligibility for the award of the work, Tender, Alternative tenders, Submission of variants in the tender specifications, Assessment of the tenders, Obligations of the tenderer(s) eligible for award and Award of the work. In addition, the AWS also contains provisions on pre-selection tender (Chapter 3) and Private Tender (Chapter IV). Chapter 5 deals with Private tendering after selection and contains provisions dealing with selection and invitation as well as tendering procedures. 6 Attachments have been added to AWS, namely: • Model 1 Registration ticket • Model 2 Registration guarantee • Model 3A Transfer Pricing Statement • Model 3B State of tariffs for additional works • Model 4 Global timetable • Model 5 Tender report • Model 6 Performance guarantee
Performance Conditions for Works in Suriname 1996 (UWS 1996)	Performance Conditions for Works in Suriname 1996 (UWS 1996) Chapter 1 contains provisions with regard to regulations that are applicable, contradictory provisions, management, transfer of the work; subcontracting and pledge or assignment by the contractor to third parties. The UWS contains provisions on the obligations of the client (Chapter 2) and the obligations of the contractor (Chapter 3). Chapter 4 is devoted to the Commencement, time of execution. The provisions in this Chapter deal with the delivery period, Changes in the time of execution; Suspension of work; Progress report and Discounts. Chapter 5 elaborates on Building materials and regard provisions on ownership of building materials; responsibility for and quality of the building materials; supply of building materials; inspection of building materials and old building materials. In addition, the UWS includes rules with regard to execution (chapter 6), payment (chapter 7) and a Chapter 8 dedicated to Acceptance, delivery, maintenance period and liability after delivery. Furthermore, the UWS also provides for rules regarding default of the parties; termination of work in an unfinished state; Contingencies and State Record; and Dispute resolution.

Document title

References

Tender Regulations for Works in Suriname (AWS 1996)

The legal framework provides for systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems are regulated in the following 2 regulations ( Tender Regulations for Works in Suriname (AWS 1996) and Performance Conditions for Works in Suriname 1996 (UWS 1996)) of which a summary is given below. On the basis of the above legal regulations, provision is made for, among other things: the public distribution of information relating to procurement procedures and contracts; the establishment, in advance, of conditions for participation; and an effective system of domestic review, including an effective system of appeal.
Tender Regulations for Works in Suriname (AWS 1996)
Chapter 1 contains the General Provisions in which definitions, applicability as well as the methods of procurement and their description are described.
Chapter 2 deals with Public procurement. The provisions of this Chapter elaborate on Publication, Specifications, Designation, Requirements for eligibility for the award of the work, Tender, Alternative tenders, Submission of variants in the tender specifications, Assessment of the tenders, Obligations of the tenderer(s) eligible for award and Award of the work.
In addition, the AWS also contains provisions on pre-selection tender (Chapter 3) and Private Tender (Chapter IV). Chapter 5 deals with Private tendering after selection and contains provisions dealing with selection and invitation as well as tendering procedures.
6 Attachments have been added to AWS, namely:
• Model 1 Registration ticket
• Model 2 Registration guarantee
• Model 3A Transfer Pricing Statement
• Model 3B State of tariffs for additional works
• Model 4 Global timetable
• Model 5 Tender report
• Model 6 Performance guarantee

Performance Conditions for Works in Suriname 1996 (UWS 1996)

Performance Conditions for Works in Suriname 1996 (UWS 1996)
Chapter 1 contains provisions with regard to regulations that are applicable, contradictory provisions, management, transfer of the work; subcontracting and pledge or assignment by the contractor to third parties.
The UWS contains provisions on the obligations of the client (Chapter 2) and the obligations of the contractor (Chapter 3).
Chapter 4 is devoted to the Commencement, time of execution. The provisions in this Chapter deal with the delivery period, Changes in the time of execution; Suspension of work; Progress report and Discounts.
Chapter 5 elaborates on Building materials and regard provisions on ownership of building materials; responsibility for and quality of the building materials; supply of building materials; inspection of building materials and old building materials. In addition, the UWS includes rules with regard to execution (chapter 6), payment (chapter 7) and a Chapter 8 dedicated to Acceptance, delivery, maintenance period and liability after delivery.
Furthermore, the UWS also provides for rules regarding default of the parties; termination of work in an unfinished state; Contingencies and State Record; and Dispute resolution.

Art. 9-2

The legal framework allows for the adoption of measures to promote transparency and accountability in the management of public finances. Such measures shall encompass, inter alia:
a) procedures for the adoption of the national budget;
b) timely reporting on revenue and expenditure;
c) a system of accounting and auditing standards and related oversight;
d) effective and efficient systems of risk management and internal control; and
e) where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.

Document title	References
	Governments Account Act Article 2 The Minister observes the following with regard to a responsible budgetary policy, which applies to all departments of General Administration and the bodies referred to in Article 4 paragraph 1: a. without prejudice to the provisions elsewhere by or pursuant to the law, the maintenance of prudent levels of government debt in order to divide the debt burden between present and future generations. For the calculation of the estimates of the debt burden, the Minister uses the data on multi-year budgetary estimates for the public sector from the Bureau for the National Debt. b. without prejudice to the provisions elsewhere by or pursuant to the law, ensuring an acceptable budget balance in the medium term, based on a medium-term objective to be determined by the Minister. The Minister bases the medium- and long-term budget policy partly on the data of the Suriname Plan Bureau and the General Bureau of Statistics. c. prudent management of financial and economic risks. The intended financial management meets the requirements of legality, orderliness and verifiability and is always efficiently organized. Article 4 [extract]: 1. The State budget includes: a. the budgets of the departments of general management, subdivided according to the applicable organizational structure; b. the budget of the national debt; c. the budget of the National Assembly; d. the budget of the Judiciary; e. the budget of the Court of Auditors of Suriname; […] Article 15 [extract]: 1. The specialist ministers shall send the draft budgets for the coming financial year to the Minister by 1 July at the latest. 2. The Minister objects to a draft budget, insofar as: (a) it does not appear to him to be admissible for the purposes of general financial policy or the efficient management of State funds; [...] Article 50 [extract]: 1. At the end of a financial year, the Ministers are accountable for the policy pursued and financial management on the basis of: a. the departmental annual reports, being the annual reports of the departments that are drawn up in line with the budgets; b. the non-departmental annual reports, being the annual reports of the National Assembly, the Judiciary and of the other State bodies, which are drawn up in line with the budgets.[…] Article 51 [extract]: 1. An annual report as referred to in Article 50 consists of an accountability statement with an accompanying explanatory note. 2. The annual report shall contain, in addition to the statement of responsibility referred to in paragraph 1, a separate statement with an accompanying explanatory note. [...] Article 62 [extract]: 1. The specialist ministers, each in relation to the budgets for which he is responsible, shall entrust to the Central National Accounts Office the control of: (a) the financial management and equipment management carried out; (b) the records kept for the purpose of such financial and material management; [...] Article 65 [extract]: 1. Rules are established by State Order regarding the accounting standards and requirements for: (a) accounting classifications, including a uniform classification system for budget, and reporting for all sections of the State and all governmental organizations and constitutional bodies; b. accounting systems and accounting practices. 2. The Minister supervises the accounting functions of the district administrations, […]

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References

Governments Account Act
Article 2
The Minister observes the following with regard to a responsible budgetary policy, which applies to all departments of General Administration and the bodies referred to in Article 4 paragraph 1:
a. without prejudice to the provisions elsewhere by or pursuant to the law, the maintenance of prudent levels of government debt in order to divide the debt burden between present and future generations. For the calculation of the estimates of the debt burden, the Minister uses the data on multi-year budgetary estimates for the public sector from the Bureau for the National Debt.
b. without prejudice to the provisions elsewhere by or pursuant to the law, ensuring an acceptable budget balance in the medium term, based on a medium-term objective to be determined by the Minister. The Minister bases the medium- and long-term budget policy partly on the data of the Suriname Plan Bureau and the General Bureau of Statistics.
c. prudent management of financial and economic risks. The intended financial management meets the requirements of legality, orderliness and verifiability and is always efficiently organized.
Article 4 [extract]:
1. The State budget includes:
a. the budgets of the departments of general management, subdivided according to the applicable organizational structure;
b. the budget of the national debt;
c. the budget of the National Assembly;
d. the budget of the Judiciary;
e. the budget of the Court of Auditors of Suriname; […]
Article 15 [extract]:
1. The specialist ministers shall send the draft budgets for the coming financial year to the Minister by 1 July at the latest.
2. The Minister objects to a draft budget, insofar as:
(a) it does not appear to him to be admissible for the purposes of general financial policy or the efficient management of State funds; [...]
Article 50 [extract]:
1. At the end of a financial year, the Ministers are accountable for the policy pursued and financial management on the basis of:
a. the departmental annual reports, being the annual reports of the departments that are drawn up in line with the budgets;
b. the non-departmental annual reports, being the annual reports of the National Assembly, the Judiciary and of the other State bodies, which are drawn up in line with the budgets.[…]
Article 51 [extract]:
1. An annual report as referred to in Article 50 consists of an accountability statement with an accompanying explanatory note.
2. The annual report shall contain, in addition to the statement of responsibility referred to in paragraph 1, a separate statement with an accompanying explanatory note. [...]
Article 62 [extract]:
1. The specialist ministers, each in relation to the budgets for which he is responsible, shall entrust to the Central National Accounts Office the control of:
(a) the financial management and equipment management carried out;
(b) the records kept for the purpose of such financial and material management; [...]
Article 65 [extract]:
1. Rules are established by State Order regarding the accounting standards and requirements for:
(a) accounting classifications, including a uniform classification system for budget, and reporting for all sections of the State and all governmental organizations and constitutional bodies;
b. accounting systems and accounting practices.
2. The Minister supervises the accounting functions of the district administrations, […]

Art. 11-1

The legal framework allows for the adoption of measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary.

Document title	References
Anti-Corruption Act	Anticorruption Act Article1: f. public function: any task, job, service, or activity that is performed, fulfilled, executed, or provided, either generally, one-time, or regularly, for pay or not for pay by: 1°. a member of the Government, the Judiciary, a popular representative body, the Council of State, or the Court of Auditors; g. public official: any person, authority, or body entrusted with a public function; Article 4 (4): A state institution or public official as referred to in paragraph 2, subparagraph d, is obliged to provide the requested information to the Commission. Article 9 [extract]: 1. The public officials referred to below are required to make a truthful statement of their personal income and assets, stating their sources and, where applicable, the nominal value of participation and interests in legal entities and items supplied to legal entities, to be deposited at the notary's office in accordance with a standard form to be determined by state decree pursuant to paragraph 5:[…]rticle 9: Article 11 (2): 2. Based on the provisions of Article 16, paragraph 1, a statement given into custody can be requested from the notary by the Attorney-General, and he or she can obtain information from the statements referred to in Article 9, paragraph 1, if a judicial investigation or prosecution has been instituted against the respective public official, or if the public official’s conduct is an element of the investigation or prosecution of a criminal offense and a judicial investigation or prosecution is proceeding with regard to that offense. Article 13 [extract]: 1. In the performance of his duties, a public official is prohibited from performing, advising and taking decisions, in which he acts contrary to the applicable legal regulations, conditions or procedures, in order to act for himself to obtain any other unlawful advantage and/or whereby the State or a state institution is intentionally inflicted with any financial disadvantage or financially disadvantageous conditions are stipulated. The provisions of the first sentence concern, inter alia, proceedings and decisions relating to: […] 2. When entering into contracts for the benefit or expense of the State or a State institution and when granting any right, the competent public official shall take the necessary measures to avoid conflicts of interest during the proceedings and to ensure a transparent procedure and equal treatment of the parties. [...] 3. Where a clear family relationship exists between the authorized public official and the person to whom any rights have been granted or with whom an agreement has been entered into, a declaration of no conflict of interest signed by the public official shall be attached to the decision or agreement […]

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References

Anti-Corruption Act

Anticorruption Act
Article1:
f. public function: any task, job, service, or activity that is performed, fulfilled, executed, or provided,
either generally, one-time, or regularly, for pay or not for pay by:
1°. a member of the Government, the Judiciary, a popular representative body, the Council of State, or the Court of Auditors;
g. public official: any person, authority, or body entrusted with a public function;
Article 4 (4): A state institution or public official as referred to in paragraph 2, subparagraph d, is obliged to provide the requested information to the Commission.
Article 9 [extract]:
1. The public officials referred to below are required to make a truthful statement of their personal income and assets, stating their sources and, where applicable, the nominal value of participation and interests in legal entities and items supplied to legal entities, to be deposited at the notary's office in accordance with a standard form to be determined by state decree pursuant to paragraph 5:[…]rticle 9:
Article 11 (2):
2. Based on the provisions of Article 16, paragraph 1, a statement given into custody can be requested from the notary by the Attorney-General, and he or she can obtain information from the statements referred to in Article 9, paragraph 1, if a judicial investigation or prosecution has been instituted against the respective public official, or if the public official’s conduct is an element of the investigation or prosecution of a criminal offense and a judicial investigation or prosecution is proceeding with regard to that offense.
Article 13 [extract]:
1. In the performance of his duties, a public official is prohibited from performing, advising and taking decisions, in which he acts contrary to the applicable legal regulations, conditions or procedures, in order to act for himself to obtain any other unlawful advantage and/or whereby the State or a state institution is intentionally inflicted with any financial disadvantage or financially disadvantageous conditions are stipulated.
The provisions of the first sentence concern, inter alia, proceedings and decisions relating to: […]
2. When entering into contracts for the benefit or expense of the State or a State institution and when granting any right, the competent public official shall take the necessary measures to avoid conflicts of interest during the proceedings and to ensure a transparent procedure and equal treatment of the parties. [...]
3. Where a clear family relationship exists between the authorized public official and the person to whom any rights have been granted or with whom an agreement has been entered into, a declaration of no conflict of interest signed by the public official shall be attached to the decision or agreement […]

Art. 12-1

The legal framework allows for the adoption of measures to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.

Art. 12-2

Measures referred to in article 12-1 of UNCAC may include, inter alia:
a) promoting cooperation between law enforcement agencies and relevant private entities;
b) promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
c) promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
d) preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
e) preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure; and
f) ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.

Art. 12-3

The legal framework allows for the adoption of measures regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to prohibit the following acts being carried out for the purpose of committing any of the offences established in accordance with this Convention:
a) the establishment of off-the-books accounts;
b) the making of off-the-books or inadequately identified transactions;
c) the recording of non-existent expenditure;
d) the entry of liabilities with incorrect identification of their objects;
e) the use of false documents; and
f) the intentional destruction of bookkeeping documents earlier than
foreseen by the law.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 11: 1. The Commission maintains a register of receipts for statements given into the custody of a notary as provided to the Commission in accordance with Article 9, paragraph 1. The Attorney-General has access to the register. The statements given into the notary’s custody are kept by the notary under strict confidentiality in a closed or sealed envelope. Only information in accordance with the provisions of this Act is provided from them. 2. Based on the provisions of Article 16, paragraph 1, a statement given into custody can be requested from the notary by the Attorney-General, and he or she can obtain information from the statements referred to in Article 9, paragraph 1, if a judicial investigation or prosecution has been instituted against the respective public official, or if the public official’s conduct is an element of the investigation or prosecution of a criminal offense and a judicial investigation or prosecution is proceeding with regard to that offense. 3. Rules are established by State Order relating to the establishment of the register referred to in paragraph 1

Art. 13-1

The legal framework allows for the adoption of appropriate measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation should be strengthened by such measures as:
a) enhancing the transparency of and promoting the contribution of the public to decision-making processes;
b) ensuring that the public has effective access to information;
c) undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programmes, including school and university curricula; and
d) respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary: (i) for respect of the rights or reputations of others; (ii) for the protection of national security or public order or of public health or morals.

Art. 14-1

The legal framework allows for:
a) the institution of a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons who provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money laundering, within its competence, in order to deter and detect all forms of money laundering, which regime shall emphasize requirements for identification of customers and, where appropriate, beneficial owners, record-keeping and the reporting of suspicious transactions;
b) administrative, regulatory, law enforcement and other authorities dedicated to combating money laundering (including, where appropriate under domestic law, judicial authorities) to have, without prejudice to article 46 of this Convention, the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money laundering.

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Banking and Credit Supervision Act 2011	Banking and Credit Supervision Act 2011 Article 2: 1. The Bank is, to the exclusion of any other person, authorized to grant a license to a legal person wishing to carry on the business of a credit institution in Suriname. 2. It is be prohibited to carry on the business of a credit institution without prior authorisation from the Bank.
Act on Annual Account	Act on Annual Account Article 3: 1. Legal entities as referred to in Article 2 are obliged to draw up annual accounts. Legal entities that do not conduct a business draw up annual accounts, but are exempt from publishing them, unless they concern public interest entities. 2. Without prejudice to the relevant provisions of this Act, the Central Bank may set further requirements for institutions that are supervised by the Central Bank of Suriname with regard to the layout of the annual accounts, accounting principles and reporting standards, auditing obligation, publication obligation, deadlines within which the annual accounts must be adopted and the management report. Article 13: 1. Every legal entity that is obliged to prepare annual accounts is obliged to publish them, unless exempted from this by or pursuant to this Act. Publication takes place by filing the full text of the annual accounts in Dutch or English in accordance with paragraphs 2 and 3. Article 14: 1. Public-interest entities, as referred to in Article 12, paragraph 1, as well as large legal entities and medium-sized legal entities, as referred to in Article 11, must have their annual accounts audited. Article 15: 1. The audit is carried out by an independent certified accountant.
Banking Act 1956	Banking Act 1956 Article 9 (d): The Bank’s task is to: d. exercising supervision over the banking and credit sector, the pension and insurance sector, the exchange of money and the transfer of financial resources to and from abroad, all on the basis of the applicable statutory regulations; supervision also focuses on the integrity of the institutions operating in these sectors and sub-sectors;

Art. 14-5

The legal framework allows for the development and promotion of global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money laundering.

Art. 15

The legal framework allows for the establishment as criminal offences, when committed intentionally:
a) the promise, offer or gift, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; and
b) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

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Anti-Corruption Act	Anticorruption Act Article 13 (1): 1. In the performance of his duties, a public official is prohibited from performing, advising and taking decisions, in which he acts contrary to the applicable legal regulations, conditions or procedures, in order to act for himself to obtain any other unlawful advantage and/or whereby the State or a state institution is intentionally inflicted with any financial disadvantage or financially disadvantageous conditions are stipulated. The provisions of the first sentence concern, inter alia, proceedings and decisions relating to: a. entering into agreements for the benefit or expense of the State or a State institution; b. the (preparation of) issuance of domain land by the competent services of the Ministry in charge of land policy; c. the granting of a licence, concession or any other right; d. the provision of social security and social security.

Art. 16-1

The legal framework allows for the establishment as a criminal offence, when committed intentionally, the promise, offer or gift to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business.

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Anti-Corruption Act	Anticorruption Act Article 13 (1): 1. In the performance of his duties, a public official is prohibited from performing, advising and taking decisions, in which he acts contrary to the applicable legal regulations, conditions or procedures, in order to act for himself to obtain any other unlawful advantage and/or whereby the State or a state institution is intentionally inflicted with any financial disadvantage or financially disadvantageous conditions are stipulated. The provisions of the first sentence concern, inter alia, proceedings and decisions relating to: a. entering into agreements for the benefit or expense of the State or a State institution; b. the (preparation of) issuance of domain land by the competent services of the Ministry in charge of land policy; c. the granting of a licence, concession or any other right; d. the provision of social security and social security.

Art. 17

The legal framework allows for the establishment as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.

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Anti-Corruption Act	Anticorruption Act Article 15 [extract]: 1. Without prejudice to the provisions of Articles 50 and 54e of the Criminal Code, at the request of the Public Prosecution Office, at the court decision in which a person has been convicted of a criminal offence relating to any form of corruption, he may be required to restitute to the State of what he has unlawfully acquired or appropriated, or is required to pay to the State a sum of money not exceeding the amount unlawfully acquired or appropriated or not exceeding the amount of the damage or prejudice caused by the offence . 2. The measure referred to in paragraph 1 may be imposed by the court in respect of a criminal offence referred to in this Act or in any other statutory regulation, whereby the convicted person has been unlawfully advantaged or has caused any damage or prejudice to the State or a State institution, whether, directly or indirectly. [...]

Art. 31-1

The legal framework, to the greatest extent possible within the domestic legal system, allows for the adoption of such measures as may be necessary to enable confiscation of:
a) proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds; and
b) property, equipment or other instrumentalities used in or destined for use in offences established in accordance with UNCAC.

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Anti-Corruption Act	Anticorruption Act Article 14: Seizure of assets Without prejudice to the provisions of the Code of Criminal Procedure and the Criminal Code, the Attorney General may, in the event of a criminal offense concerning any form of corruption and if there are reasonable grounds for the imposition of forfeiture or of the measure of confiscation of unlawfully obtained benefit or in the event of a claim for restitution as referred to in Article 15, with regard to the person concerned immediately seize his assets.

Art. 31-7

For the purpose of this article and article 55 of this Convention, the legal framework allows for the empowerment of its courts or other competent authorities to order that bank, financial or commercial records be made available or seized (bank secrecy cannot be opposed).

Art. 32-1

The legal framework allows for the adoption of appropriate measures, in accordance with the domestic legal system and within its means, to provide effective protection from potential retaliation or intimidation for witnesses and experts who give testimony concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 8: 3. Measures taken or decisions made by the employer or competent authority that have or could have adverse consequences for the legal position of the person reporting are null and void by operation of law. 4. The person reporting is entitled to pro bono legal aid if, as a result of good-faith reporting of a suspicion of abuse, he or she suffers adverse consequences for his or her legal position as referred to in paragraphs 2 and 3.

Art. 33

The legal framework allows for the incorporation into the domestic legal system of appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.

Document title	References
Anti-Corruption Act	Anticorruption Act Article 8: 1. Anyone who is or was involved in the processing of a report must not reveal the identity of the person reporting, except in cases where the person reporting has given his or her express consent thereto; 2. If the person reporting is an employee, he or she will not suffer adverse consequences as a result of the report in the form of measures or decisions by the employer or the competent authority that have or could have adverse consequences for his or her legal position and/or in the exercise of his or her function, to the extent that a measure or decision relating to legal position is reasonably related to the submitted report or reasonably could be related thereto. For the application of the provisions of this paragraph, employee is understood to mean a party who, by virtue of appointment or employment contract governed by public law performs or has performed work under the provisions of civil law. Also considered employees are interns, trainees and apprentices, volunteers, temps provided by an intermediary, personnel on loan from another institution, and persons working on an on-call basis. 3. Measures taken or decisions made by the employer or competent authority that have or could have adverse consequences for the legal position of the person reporting are null and void by operation of law. 4. The person reporting is entitled to pro bono legal aid if, as a result of good-faith reporting of a suspicion of abuse, he or she suffers adverse consequences for his or her legal position as referred to in paragraphs 2 and 3. 5. The person reporting is not liable for harm suffered by a third party as a result thereof, subject to establishment in law otherwise. 6. The members of the Commission who fulfill another function in addition to membership in the Commission may not suffer adverse influence on their legal position with respect to the fulfillment of the other function, to the extent that such influence is or could be reasonably related to membership in the Commission. The provisions of paragraphs 2 through 5 apply to them mutatis mutandis

Document title

References

Anti-Corruption Act

Anticorruption Act
Article 8:
1. Anyone who is or was involved in the processing of a report must not reveal the identity of the person reporting, except in cases where the person reporting has given his or her express consent thereto;
2. If the person reporting is an employee, he or she will not suffer adverse consequences as a result of the report in the form of measures or decisions by the employer or the competent authority that have or could have adverse consequences for his or her legal position and/or in the exercise of his or her function, to the extent that a measure or decision relating to legal position is reasonably related to the submitted report or reasonably could be related thereto. For the application of the provisions of this paragraph, employee is understood to mean a party who, by virtue of appointment or employment contract governed by public law performs or has performed work under the provisions of civil law. Also considered employees are interns, trainees and apprentices, volunteers, temps provided by an intermediary, personnel on loan from another institution, and persons working on an on-call basis.
3. Measures taken or decisions made by the employer or competent authority that have or could have adverse consequences for the legal position of the person reporting are null and void by operation of law.
4. The person reporting is entitled to pro bono legal aid if, as a result of good-faith reporting of a suspicion of abuse, he or she suffers adverse consequences for his or her legal position as referred to in paragraphs 2 and 3.
5. The person reporting is not liable for harm suffered by a third party as a result thereof, subject to establishment in law otherwise.
6. The members of the Commission who fulfill another function in addition to membership in the Commission may not suffer adverse influence on their legal position with respect to the fulfillment of the other function, to the extent that such influence is or could be reasonably related to membership in the Commission. The provisions of paragraphs 2 through 5 apply to them mutatis mutandis

Art. 36

The legal framework allows for the existence of a body or bodies or persons specialized in combating corruption through law enforcement and grants them:
- the necessary independence to be able to carry out their functions effectively and without any undue influence; and
- the appropriate training and resources to carry out their tasks.

Art. 39-1

The legal framework allows for the adoption of measures as may be necessary to encourage cooperation between national investigating and prosecuting authorities and entities of the private sector, in particular financial institutions, relating to matters involving the commission of offences established in accordance with this Convention.

Art. 40

The legal framework allows for, in the case of domestic criminal investigations of offences established in accordance with this Convention, the availablity of appropriate mechanisms within the state's domestic legal system to overcome obstacles that may arise from the application of bank secrecy laws.

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Suriname - International treaties - UNCAC

RATIFIED INTERNATIONAL INSTRUMENTS

Suriname

United Nations Convention against Corruption (UNCAC)

Art. 5-1

Art. 5-4

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Art. 6-1

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Art. 6-2

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Art. 7-1

Art. 8-1

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Art. 8-2

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Art. 8-5

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Art. 9-1

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Art. 9-2

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Art. 11-1

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Art. 12-1

Art. 12-2

Art. 12-3

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Art. 13-1

Art. 14-1

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Art. 14-5

Art. 15

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Art. 16-1

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Art. 17

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Art. 31-1

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Art. 31-7

Art. 32-1

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Art. 33

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Art. 36

Art. 39-1

Art. 40