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Anti-Corruption Commission Law

Amended Anti-Corruption Commission Law No. (62) of 2006


Published in the Official Gazette, issue No. 4794, Page 4534 on 30/11/2006

Article 1

This Law shall be called the "Anti-Corruption Commission Law of 2006" and shall come into force after thirty days of its publication in the Official Gazette.

Article 2

The following words, wherever mentioned in this Law, shall have the meanings ascribed to them hereunder, unless the context provides otherwise:

·         Commission: Anti-Corruption Commission established pursuant to the provisions of this Law.

·         Board:  Board of the Commission.

·         Chairman: Chairman of the Board.

·         Member: Member of the Board.

Article 3

a) A Commission named the "Anti-Corruption Commission" shall be established in the Kingdom, associated with  the Prime Minister, it shall have a juridical personality and shall be financially and administratively independent; in this capacity, it may undertake all necessary legal actions to achieve its objectives, and shall have the right to enter into contracts and the right of litigation. The Commission shall be represented by the Civil Attorney General in judicial procedures, and by the Chief of Administrative Public Prosecution in administrative actions.

b) The Commission shall freely and independently undertake its tasks and duties without any influence or intervention by any party.

c) The Commission's head office shall be located in Amman.

Article 4

The Commission, in the scope of combating corruption, has the following objectives:

a)  To draw up, implement and propose effective policies in coordination with concerned authorities regarding combat and prevention of corruption.

b)  To detect all forms of corruption, including financial and administrative corruption, in addition to nepotism and favoritism, if constitute infringement of the rights of others and of public funds.[1]

c)  To ensure the principles of equality, equal opportunities and fairness.

d)  To combat character assassination.

e)  To cooperate in providing and requesting international legal assistance through the official channels, if the applicable conditions for such assistance are fulfilled.[2]

Article 5

For the purposes of this Law, the following shall be deemed as corruption:

a)  Offences contrary to public office duties as stipulated in the Penal Code No. (16) of 1960 and any amendments thereof.

b) Offences contrary to the public trust as stipulated in the Penal Code No. (16) of 1960 and any amendments thereof.

c) Economic crimes as specified under the Economic Crimes Law No. (11) of 1993 and any amendments thereof.

d) Money Laundering.[3]

e) Illicit Enrichment.[4]

f)  Undeclaring or undisclosing of investments or properties or benefits that may lead to conflict of interest if laws and regulations require that, of which personal benefits can be directly or indirectly gained for him who refrained from declaring.[5]

g) Any act or refrainment, which may lead to the infringement of public funds.

h)  The abuse of authority contrary to the provisions of the law.

i) The acceptance of nepotism and favoritism, which revokes a right or validates what is void.

j) All actions provided for in international agreements acceded to by the Kingdom, which relate to anti-corruption.

Article 6

The special provisions provided for in the relevant legislations shall apply in the event that the defendant in a corruption case was one of the persons that the Constitution or the relevant legislations dictate special forms or procedures for investigating or for judicial prosecution.

Article 7

The Commission shall, in pursuit of its objectives, undertake the following tasks and authorities:

a) Investigate financial and administrative corruption, uncover violations and breaches, gather evidences and information, initiate investigation and proceed with the necessary administrative and legal procedures.

b) Pursue all those who commit any corruption act[6], seize their movable and immovable assets, impose a travel ban on them, request the relevant authorities to suspend them from work and stop their salaries, allowances and all financial entitlements if necessary, and amend or revoke any of the said decisions in accordance with the applicable legislations.

c)  The Commission may initiate any necessary investigation in pursuit of any corruption case at its own discretion or based on a notification from any party. Should the findings of the investigation or inquiry reveal that the notice was false or malicious; the person who submitted the notice shall be referred to the competent judicial authorities in accordance with the applicable legal procedures.

d) Notwithstanding the provisions of any other legislation, the Commission shall render its decisions within a period not exceeding three months, extendable by the board, if necessary, for additional period not exceeding three months[7] of the date of commencing the investigation and inquiry procedures.

Article 8

a) The Commission shall be managed by a Board consisting of a Chairman and six members known for their fairness, integrity, neutrality and expertise, not holding public office positions and who shall be appointed by a royal decree based on the recommendation of the Prime Minister.

b) The term of the Board membership shall be four years and may be renewed once for the Chairman or any of the members.

c)  The salaries of the Chairman and the Members as well as their financial entitlements shall be determined by a decision of the Council of Ministers based upon the recommendation of the Prime Minister.

d) The Chairman and the Members shall be fully devoted to their work; and shall be prohibited from practicing any other work, job or profession.

e) The Board shall select, from its Members, a deputy chairman who assumes the duties of the Chairman during his/ her absence.

f) The Chairman, Members and staff of the Commission shall, prior to assuming their duties, disclose their assets and those of their spouses and underage children.

Article 9

Prior to assuming their duties, the Chairman and the Members shall take the following oath before the King:

)I swear by God Almighty to be faithful to the King and the country, uphold the Constitution, respect the laws and regulations, and trustworthily and honestly carry out the tasks  entrusted to me(.

Article 10

a) The Council of Ministers, upon the recommendation of the Board of the Commission, may terminate the services of the Chairman or any of the Members during the term of the Board, in any of the following events:

1. If found in breach of the duties and tasks entrusted with or if committed an act contrary to honor or dignity.

2. If committed any act or conduct that is perceived as corruption under the provisions of this Law.

3. If failed to attend the Board meetings for three successive sessions or six separate sessions during one year without an excuse acceptable to the Board.

b) If the Chairman's or any Member’s position becomes vacant for any reason whatsoever, a substitute shall be appointed pursuant to the procedures set out in Clause (a) of Article (8) herein for the completion of the remaining term of the Board.

Article 11

The Board shall assume the following tasks and authorities:

a.      

1. To draw up the general policy to combat corruption in cooperation with the concerned authorities and develop the necessary plans and programs for its implementation.

2.  To raise the citizens awareness of the dangerous effects of corruption on economic, social and political development.

3. To publish periodical reports illustrating the dangers of corruption, favoritism and nepotism on state institutions and public administrations.

4. To cooperate and coordinate with local, regional and international entities to enhance and develop special measures for combating corruption, and propose programs and projects intended for such purpose.

5. To approve the agreements and contracts entered into by the Commission and to designate the authorized signatory on its behalf.

6. To take necessary decisions to enter into contracts with experts and specialists in relation to the Commission's activities.

7. To take necessary decisions in relation to corruption cases, including their referral to the competent judicial authority.[8]

8. To approve the organizational structure of the Commission, its positions' list and to issue the necessary regulatory instructions.

9. To propose draft legislations pertaining to the Commission's activities and present them to the Council of Ministers to complete the necessary procedures in respect thereof.

10. To establish a committee or more as it deems necessary for its work, provided that its duties are specified in its establishment decision.

11.  To approve the Commission's annual budget and to present it to the Council of Ministers for approval.

12.  To endorse the annual report of the Commission and present it to the Council of Ministers and the Parliament.

13.  Any other tasks presented to the Board by the Chairman in relation to the Commission's activity and objectives.

b.   The Board may contribute in restoring proceeds of corruption activities whether those proceeds where inside or outside the Kingdom and delivering them to their legitimate beneficiaries.[9]

Article 12

a) The Board shall hold its meetings presided by the Chairman or its deputy in case of the Chairman's absence; the meeting shall be considered to have legal quorum with the presence of at least five of its Members provided that the Chairman or the deputy are amongst the attendees, and the decisions of the Board shall be taken unanimously or by a majority of no less than five votes.

b) The rules and procedures regulating the Board's activities, its meetings and all other matters relating thereto shall be determined by instructions to be issued by the Board for this purpose.

c) The Board may invite any person of expertise and competence to attend its meetings for consultation purposes.

Article 13

a)The Chairman shall assume the following tasks and authorities:

1.Administrative and financial supervision of the Commission and its employees.

2. To implement the Board decisions.

3. To represent the Commission before third parties.

4. To prepare the annual draft budget of the Commission and present it to the Board for approval.

5. To prepare the annual report on the Commission's activities and present it to the Board for endorsement.

b)  The Chairman may delegate any of his/her authorities provided for in this Law and the regulations issued thereunder to his/ her deputy or any of the Members provided that the authorization is in writing and specific.

Article 14

The Judicial Council shall, at the request of the Chairman, delegate a number of public prosecutors to the Commission to perform their tasks and authorities in accordance with the applicable legislations.

Article 15

The Chairman shall be entitled to request the delegation or secondment of any officer or individual of the military and security entities or any employee of any ministry, department or official institution to work for the Commission in conformity with the applicable legislations.

Article 16

The Chairman and Members shall have the capacity of the judicial police, for the purpose of carrying out their duties, and the Board shall determine the Commission's employees who shall enjoy such capacity.

Article 17

a. Subject to the provisions of applicable legislations, the Commission may, in the course of performing its duties, request any data, information or documents from any party, which shall, subject to legal liability, be obliged to promptly respond to such request.

b Any refrainment or unjustified delay in providing the data or information or documents required pursuant to the provisions of paragraph (a) of this Article, is subject to punishment by imprisonment for a period not exceeding three months or a fine not exceeding five hundred dinars.[10]

cThe Commission during the course of its investigation of any corruption case, may entrust any person or company or specialized party, to carry out the technical, financial and managerial audit on any person, body, ministry, institution, union, association or company that is subject to its supervision, in order to verify the validity of its financial statements, records, accounts and all financial transactions.[11]

Article 18

a) The Commission shall have a separate budget; where its fiscal year starts on the first day of January of every year and ends on the thirty first day of December of the same year. The Commission's first fiscal year shall start as of the day on which the provisions of this Law come into force and shall end on the thirty first day of December of that year.

b)The Commission's budget shall be subject to the supervision of the Audit Bureau.

Article 19       

The Commission's financial resources shall consist of:

a) The annually allocated amounts for the Commission in the public budget.

b)  Aids, grants and donations it receives subject to the approval of the Council of Ministers.

Article 20

Save for situations of flagrante delicto, it is not permitted to prosecute or detain the Chairman or the Member except after obtaining the prior permission from the Judicial Council. The Judicial Council may, after hearing the statement of the Chairman or the Member, decide either to continue with the detention for the period it deems appropriate or to extend it or to release him/ her with or without bail.

Article 21

a)  Information, data, documents and copies received by the Commission or viewed by any of its employees by virtue of their posts shall be considered confidential and may not be disclosed, presented or allowed to be viewed by others except in accordance with the provisions of the Law.

a) Without prejudice to any aggravated penalty stipulated in any other legislation, anyone who violates the provisions of paragraph (a) of this Article is subject to the punishment of imprisonment for not less than one year.[12]

b) The provisions of this Article shall apply to all staff members of the Commission and alike, even after the termination of their employment with the Commission or the end of the task entrusted to them.[13]

d) Notwithstanding the provisions of any other legislation, anyone who has evidence of corruption and did not report it to the Anti-Corruption Commission or the competent authorities, shall be subject to punishment of imprisonment for a period not less than four months or a fine not less than five hundred Dinars and not exceeding five thousand Dinars or by both penalties. The punishment doubles in case of a public servant.[14]

Article 22

a) Without prejudice to any aggravated penalty stipulated in any other legislation, any person who commits any of the acts and conducts stipulated in Article 5 of this Law or positively responds to such acts and conducts shall be subject to the punishment of imprisonment for a period not less than four months or a fine not less than five hundred Dinars and not exceeding five thousand Dinars or by both penalties. In the event of repetition, then half of the penalty shall be added.

b)  Taking into consideration the international agreements in force in the Kingdom, the provisions of paragraph (a) of this Article shall apply to foreign public officials and officials of Public International Organizations, with the obligation to return the proceeds of corruption offences.[15]

c)  1. Each contract or agreement or privilege or concession obtained as a result of corruption offences shall be subject to annulation or rescindment by the competent court.

2. The Commission during the course of investigation may request, as an expedited measure, the competent court to suspend any contract or agreement or privilege or concession where it deems it apparent from the face value of the evidence that it was obtained as a result of an act of corruption, until the issuance of a decision in the case.[16]

Article 23[17]

a)  The Commission shall provide sufficient  protection for informants and witnesses and whistleblowers and experts in corruption cases, and for their relatives and other persons close to them, from any assault or potential retaliation or intimidation through:

1.  Providing them with protection at their place of residence.

2.  Non-disclosure of information related to the identity and whereabouts of such persons.

3. Giving statements and testimonies through the use of modern communications technology to ensure their safety.

4.  Protecting them in their workplaces and immunize them from any discrimination or ill-treatment.

5. Providing them with accommodation when necessary.

6.Taking any action or performing any conduct necessary to ensure their safety.

b)   Applications for providing protection shall be subject to the Board’s discretion and in accordance with the conditions surrounding the persons requesting such protection, provided that such protection shall be lifted once the circumstances that led to the imposition are no longer applicable.

c) All matters related to the provisions of the required protection for, informants, witnesses, whistleblowers, and experts, their relatives and persons close to them shall be regulated pursuant to a regulation to be issued for such purpose.

d) Notwithstanding the provisions of any other legislation, the Board may disburse financial aid for whistleblowers, witnesses and informants according to a regulation that is issued for such purpose.

Article 24[18]

Any person who discloses information related to the identity or whereabouts of whistleblowers, witnesses, informants or experts shall be subject to the punishment of imprisonment for a period of not less than six months and not more than a year and a fine not exceeding ten thousand Dinars.

Article 25[19]

Without prejudice to any aggravated penalty stipulated in any other legislation, any person who assaults whistleblowers, witnesses, informants or experts due to their actions of revealing corruption, or mistreats or discriminates or prevents them from testifying or reporting on corruption, shall be subject to punishment by imprisonment for not less than one year, and in case of use of force or threat by weapon or any other physical means of coercion, the penalty shall be imprisonment for a term not less than two years and a fine not exceeding ten thousand Dinars.

Article 26[20]

Protection granted by the Board shall be dropped in the event of violating any of the protection conditions or if the person who was granted protection commits any felony or misdemeanor involving moral turpitude.

Article 27[21]

a)  Any principal or accomplice or accessory or instigator in corruption crimes shall be exempt from two-thirds of the sentence should he provide the Commission or the competent authorities with any information or proof or evidence that leads to the recovery of proceeds from such corruption crimes.

b)  Immunity from prosecution shall be granted to any of the above-mentioned in paragraph "a" of this Article should they provide information prior to the discovery of the corruption.

Article 28[22]

a. Notwithstanding the provisions of any other legislation, the issuance of a court order to drop the lawsuit for public right or cessation of prosecution or amnesty due to punitive exemptions or lack of responsibility does not preclude the litigation to recover the proceeds of corruption.

b.  Public right to litigation and punishments related to corruption are excluded from statute of limitations; furthermore, the recovery of proceeds of corruption is excluded from the statute of limitations.

Article 29[23]

The Commission may establish a trust account at the Central Bank named (Conciliation and Settlement Trust Account) designated for preserving proceeds and benefits of corruption crimes restored or seized until its delivery to its lawful beneficiaries.

Article 30

The Council of Ministers shall, within six months as of the effective date of this Law, issue all necessary regulations for implementing the provisions of this Law, including personnel, financial and procurement regulations.

Article 31

The Prime Minister and Ministers are in charge of implementing the provisions of this Law.

 



[1] This paragraph was amended by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[2] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[3] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[4] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[5] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[6] This paragraph was modified by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[7] This paragraph was modified by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[8] This subparagraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[9] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[10] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[11] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[12] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[13] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[14] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (16) of 2014 that was published in the Official Gazette issue No. 5278

[15] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[16] This paragraph was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[17] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[18] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[19] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[20] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[21] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[22] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[23] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[1] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151

[1] This article was added by virtue of the Amendment Law of the Anti-Corruption Law No. (10) of 2012 that was published in the Official Gazette issue No. 5151