Filing a declaration is a legal obligation. Submission is not the end of the compliance process. The Integrity Commission wishes to inform persons in public life and the wider public about the statutory process for declaring income, assets and liabilities under the Integrity Commission Act No. 20 of 1997, including the examination of declarations and the consequences of non-compliance.
Who must declare — and when?
Under section 13, persons holding offices covered by the Act are required to file declarations of their income, assets and liabilities. Annual declarations are due on or before 30 June. The Act also provides for declarations when a person enters or ceases to hold a covered public office. Members of the Commission file their declarations with the President.
What happens after a declaration is submitted?
The Commission’s responsibilities extend beyond collecting forms. Under section 17, it receives, examines and retains declarations and supporting documents, and makes enquiries considered necessary to verify or determine the accuracy of the financial affairs disclosed. Under section 18, further particulars may be requested in writing within a specified period.
In general, the process includes receipt and registration; examination for completeness; requests for clarification or supporting records where necessary; examination and verification of relevant information; and maintenance of the Commission’s records. Filing a form does not, by itself, establish that its contents have been fully examined or verified.
Publication of defaults is not a criminal conviction
Section 19 requires publication in the Gazette and a daily newspaper of a failure to file a required declaration or furnish particulars requested under section 18. This statutory publication is distinct from prosecution and must not be understood as a criminal conviction.
Offences and penalties under the Act
Section 22 addresses failures to file without reasonable cause; knowingly filing a declaration that is materially incomplete or false; specified failures to comply with requests for particulars or information; and specified failures connected with an inquiry.
UPON SUMMARY CONVICTION Fine of GYD $25,000 and imprisonment for six months to one year.
Where an offence involves non-disclosure of property, the court must order full disclosure within a specified period. Failure to comply can result in an additional fine of GYD $10,000 for each day the offence continues. Under section 23, prosecution for a section 22 offence requires the written consent of the Director of Public Prosecutions and is subject to the statutory five-year limitation linked to when the person ceased to be in public life.
A responsibility to the public
The Commission recognises the importance of public confidence in the administration of the Act. Its statutory responsibilities require careful examination, procedural fairness and appropriate handling of information. While individual declarations and matters under consideration are subject to legal confidentiality requirements, the Commission remains committed to providing clear public information about its mandate, processes and statutory obligations.
Persons required to declare are urged to submit complete and accurate information, retain supporting documents and respond promptly to lawful requests from the Commission.
