Decree No. 300 of 2016 Issuing the Executive Regulations of Law No. 2 of 2016 on the Establishment of the Kuwait Anti-Corruption Authority and the Provisions on Financial Disclosure

Decree No. 300 of 2016 Issuing the Executive Regulations of Law No. 2 of 2016 on the Establishment of the Kuwait Anti-Corruption Authority and the Provisions on Financial Disclosure

Article One

The provisions of the Executive Regulations of Law No. (2) of 2016 referred to above, the text of which is attached to this Decree, shall be applied.

Article Two

The Ministers, each within his own competence, shall implement this Decree, which shall come into force from the date of its publication in the Official Gazette.

Executive Regulations of Law No. 2 of 2016 on the Establishment of the Kuwait Anti-Corruption Authority and the Provisions on Financial Disclosure

Part One – Definitions and General Provisions

Chapter One – Definitions

Article 1

In applying the provisions of these Regulations, the following words, expressions and terms shall have the meaning assigned to each of them:
The Law: Law No. 2 of 2016 referred to above.
The Competent Minister: the Minister of Justice.
The Convention: the United Nations Convention against Corruption.
The Authority: the Kuwait Anti-Corruption Authority.
The President: the President of the Authority.
The Board: the Board of Trustees of the Authority.
The Members: the Members of the Board of Trustees.
The Executive Body: the body in charge of the technical, administrative and financial affairs of the Authority.

Chapter Two – General Provisions

Article 2

The President shall supervise the Executive Body by managing its technical, administrative and financial affairs, and by issuing the decisions and instructions that enable him to do so.
He may delegate some of his powers to his Vice President, and the Vice President shall act in his place in his absence.

Article 3

Without prejudice to the provisions of the Law, the Board shall set the general policy and the general frameworks for combating corruption in accordance with the powers set out in Article (10) of the Law.

Article 4

If the office of the President, the Vice President or any of the Members becomes vacant for any reason, a replacement shall be appointed in accordance with the procedures provided for in the Law and shall complete the term of his predecessor.

Part Two – Cooperation in Combating Corruption and Establishing the Principle of Transparency and Integrity

Chapter One – Cooperation in Combating Corruption

Section One – Role of Civil Society Organisations in Combating Corruption

Article 5

The Authority shall work to encourage and activate the role of civil society institutions and organisations in combating corruption as follows:
1) Communicating with them to obtain the information they hold which enables the Authority to follow up corruption cases and recover the funds derived from them.
2) Urging them to activate their role in spreading awareness of the dangers of corruption by issuing bulletins and media materials and by holding seminars and conferences.
3) Encouraging them to cooperate with State agencies in combating corruption.
4) Encouraging them to study and evaluate Kuwait’s standing in the reports issued by regional and international organisations concerned with combating corruption, and to submit their opinion thereon to the Authority.
5) Activating their role in studying social conditions and the root causes of the emergence of corruption, and in submitting their proposals for addressing the manifestations of corruption.
6) Any other means it deems appropriate to encourage and activate the role of civil society institutions and organisations in combating corruption.

Section Two – Cooperation with Educational Institutions

Article 6

The Authority shall cooperate with educational institutions in the field of combating corruption as follows:
1) Assisting them in establishing a mechanism to fight corruption and achieve transparency among those working in educational institutions, and working to achieve quality in education so as to attain the desired integrity.
2) Cooperating in designing training programmes for students to raise their awareness of the values of integrity and the importance of adhering to them, to develop a culture of safeguarding public funds and public facilities, to include in curricula what serves that purpose, and to organise events and seminars for that purpose.
3) Encouraging them to raise students’ awareness of the gravity of the dangers of corruption and of zero tolerance towards it.
4) Encouraging them to design pre-service and in-service teacher qualification programmes in the field of awareness of the dangers of corruption and combating it.
5) Encouraging them to establish a communication network among those in charge of the educational process aimed at spreading a culture of integrity.

Section Three – Coordination with the Media to Raise Public Awareness of the Dangers of Corruption

Article 7

The Authority shall, in coordination with the various media outlets, raise the awareness of society and inform it of the dangers of corruption and its effects on society, and to that end it may:
1) Organise public awareness campaigns to support combating corruption and to spread a culture of reporting incidents of corruption.
2) Publish and circulate a code of conduct for employees and citizens to serve as a basis for educating society towards conduct aimed at combating corruption.
3) Have the media follow a systematic approach in media planning to prevent corruption offences before they are committed and to guard against them.
4) Highlight the role of the Authority in detecting and confronting acts of corruption, publish the reports issued by it, and urge the persons subject to the Law to submit their financial disclosure statements on time.
5) Call for the adoption of a policy of administrative reform in all State agencies and for the taking of effective means to eliminate corruption.
6) Work towards having the media host persons of opinion and expertise in society to raise awareness of corruption, its dangers and how to fight it.

Section Four – Cooperation with the Entities Concerned with Places of Worship

Article 8

The Authority shall, in cooperation with the entities concerned with places of worship, entrench the values of honesty and integrity and raise awareness of the dangers of corruption to society and the individual, by adopting the following:
1) Urging them to have religious discourse address corruption and its dangers from the Sharia and moral perspectives, and to emphasise that Islamic Sharia is founded on the principles of integrity and combating corruption.
2) Encouraging them to spread a culture of integrity and transparency and the rejection of manifestations of corruption and the waste of public funds.
3) Urging them to develop and strengthen religious conscience among all members of society so that it deters them from practising corruption and committing its offences.
4) Encouraging them to instil the values of integrity by presenting stories from the Islamic heritage in this regard.
5) Encouraging visits by preachers and mosque orators to schools, colleges, universities, clubs, youth centres, reform institutions and the like, to spread a culture that rejects corruption and promotes integrity.

Chapter Two – Establishing the Principle of Transparency and Integrity in Economic and Administrative Transactions

Article 9

The National Anti-Corruption Strategy shall be based on several main pillars with a view to achieving integrity and transparency and combating corruption, and the Board shall issue it, prepare the mechanisms, plans and programmes implementing it, and follow up its implementation with the entities concerned.

Article 10

The Authority aims to achieve the principle of transparency and integrity in economic and administrative transactions so as to ensure the sound management and optimal use of the funds, resources and property of the State, in coordination with the entities concerned, as follows:
1- Entrenching and strengthening employment systems by working to ensure that:
(a) They are based on the principles of efficiency and transparency and on objective criteria.
(b) They include the training of individuals nominated to hold public office.
(c) Training programmes are proposed to enable employees to meet the requirements of the proper and honourable performance of public functions.
2- Proposing appropriate legislative and administrative measures to establish criteria relating to nomination for public office and the appointment of its holders.
3- Working to close loopholes and avenues through which corruption penetrates by separating the service provider from the service seeker through the use of modern technology.
4- Taking measures to adopt, entrench and strengthen systems of transparency among public officials.
5- Establishing codes and standards of conduct for the proper and honourable performance of public functions, and having the entities concerned take disciplinary measures against those who violate them in accordance with the laws.
6- Proposing the establishment of appropriate procurement systems based on transparency, competition and objective criteria in decision-making.
7- Encouraging entities to adopt an effective internal audit system that ensures the availability of legal avenues of grievance and redress where the rules and procedures are not followed.
8- Proposing systems that enable those dealing with entities to obtain information on how decisions are made.

Part Three – Provisions and Procedures for Financial Disclosure

Chapter One – Form and Particulars of the Financial Disclosure Statement

Article 11

The persons referred to in Article (2) of the Law shall submit the financial disclosure statement in accordance with the form annexed to this Decree, setting out all the required data.

Chapter Two – Providing Appropriate Assistance to the Person Subject to the Law in Submitting the Statement

Article 12

The Authority shall announce the dates for submitting financial disclosure statements in the various media at the times it deems appropriate, and the entities shall alert their staff to the dates prescribed by law for submitting their statements at least one month before those dates expire.

Article 13

The Authority shall provide the entities to which the persons subject to the disclosure statement regime belong with statement forms and sealable envelopes, and shall also make these forms available through its website on the Internet, with the facility to fill them in electronically, print, sign and submit them.

Article 14

The Authority shall train and guide the competent employees nominated by their employers to follow up the work specified by the Authority, including the work required to receive statements in the entities to which the persons subject to the Law belong, and to provide the direct service that assists them in preparing the statement and answering their enquiries; the Authority shall also supply those entities with the necessary guidance publications and posters in this regard.

Chapter Three – Time Limits for Submitting the Financial Disclosure Statement

Article 15

The persons addressed by the provisions of this Part shall submit the statement after the publication of the Regulations in accordance with the following time limits:
First: Initial Statement
(a) Within six (6) months from the date of publication of the Regulations, for those in service.
(b) Within sixty (60) days from the date of assuming office.
Second: Update of the Statement
Within sixty (60) days from the end of every three (3) years, for those who remain in office.
Third: Final Statement
Within ninety (90) days from the date of leaving office.

Article 16

The Authority shall serve a warning on the person subject to the disclosure statement regime by one of the means set out in Article (57) of these Regulations in the following cases:
(a) If he fails to submit his initial financial disclosure statement or its update within the period referred to in the Law, with notice to him that, in either case, if the delay exceeds ninety (90) days, he will be liable to the penalty set out in Article (46) of the Law.
(b) If he submits the financial disclosure statement incomplete or incorrect with knowledge thereof, or if he fails to submit a statement in respect of any of the persons under his guardianship, custodianship or curatorship, with notice to him that he will be liable to the penalty provided for in Article (47) of the Law.
In all cases, the Authority shall notify the Public Prosecution of every incident so that it may take its measures in respect thereof.

Article 17

The Authority may establish a special system for receiving statements, in which it organises the dates for submitting statements by the persons subject to the Law according to the entities to which they belong, provided that it takes into account making this easier for them while adhering to the statement dates set out in the Law.

Chapter Four – Procedures for Submitting and Receiving the Statement and Its Particulars

Article 18

The person subject to the Law shall submit the financial disclosure statement to the competent employee at the premises of the Authority or at his place of work, as the Authority decides.
The President may, by a decision and according to the circumstances he assesses, assign certain employees to travel outside the premises of the Authority to receive the statement, and he may, after referring the matter to the Board, introduce new methods and mechanisms for the submission and receipt of the statement.

Article 19

The statement shall be delivered in a securely sealed envelope against a receipt given by the competent employee to the person submitting the statement, stating its date and the name and capacity of the person who made the delivery. The statement may be sent to the Authority by post by registered letter with acknowledgement of receipt in respect of persons who are abroad or in the cases determined by the President.

Article 20

The entity to which the persons subject to the Law belong shall, immediately upon publication of the Regulations, comply with the following:
(a) To notify the Authority of the employee entrusted with cooperating with it, provided that he is one of the supervisory staff in administrative affairs, and coordination with the Authority shall be observed in this regard.
(b) To notify the Authority, within one month from the date of entry into force of these Regulations, of a statement of those belonging to it who are obliged to submit a financial disclosure statement, setting out their job titles, their grades and the description applicable to them from among those set out in Article (2) of the Law.
(c) To notify the Authority immediately of any person whose service has ended or who has ceased to hold the capacity for any reason, or of any change occurring in the foregoing data.
(d) Companies in which the State, a government entity, a public authority or public institution or any other public legal person directly holds a share of not less than 25 % of their capital shall notify the Authority thereof immediately and shall attach a list of the persons subject to the Law from among the State’s representatives on their boards of directors, and they shall notify the Authority of any change in the percentage of participation or in their legal status immediately upon its occurrence.
(e) In all cases, these entities shall provide the Authority with the data and clarifications requested of them, and the Authority shall follow up the performance by those entities of the duties entrusted to them in accordance with the provisions of the Law and shall report to the Public Prosecution any violations committed by them of the provisions of Articles (26) and (45) paragraph (1) of the Law, in addition to reporting such violations to the head of those entities so that the necessary action may be taken to remedy them.

Article 21

The statement shall be drawn up on the form annexed to this Decree, observing the notes of the Authority set out therein. The data of the statement shall be written in the Arabic language, and the statement shall bear at its foot the name and signature of the person subject to the Law, who shall ensure that the data are correct and accurate. Where any documents in a foreign language are submitted, a certified Arabic translation shall be attached thereto.

Article 22

When drawing up his financial disclosure statement, the person subject to the Law may not refer to the data of his previous statement, and he shall always state the data of the statement in accordance with the Law.

Article 23

The competent department of the Authority shall keep the financial disclosure statements and their documents in accordance with the mechanism and for the period determined by the Internal Regulations, and shall prepare a register of the data relating thereto, observing what preserves the confidentiality of such data.

Chapter Five – Formation of the Examination Committees

Article 24

A special committee of three (3) Vice-Presidents of the Court of Cassation or the Court of Appeal shall be formed by a decision of the President of the Supreme Judicial Council, to which the statements of the President and Members of the Board of Trustees shall be submitted.
Committees for examining financial disclosure statements shall be formed by a decision of the President, ensuring that the selection for each committee is commensurate with the positions and job levels of the persons subject to the Law, as follows:
Examination Committees (a):
They shall consist of a chairman and four (4) members, including one with legal expertise and another with financial expertise, and shall examine the financial disclosure statements of the following categories:
1- The Prime Minister, the Deputy Prime Ministers, the Ministers and those holding an executive post at the rank of Minister.
2- The Speaker, the Deputy Speaker and the Members of the National Assembly.
3- The President and Members of the Supreme Judicial Council, the President and Counsellors of the Constitutional Court and the technical staff of the Court, the judges and members of the Public Prosecution, and the President and Members of the Fatwa and Legislation Department.
4- The Chairman, the Vice-Chairman and the Members of the Municipal Council.
5- The President of the State Audit Bureau.
6- The President of the Financial Controllers Bureau.
Examination Committees (b):
They shall consist of a chairman and at least two (2) members, including one with legal expertise and another with financial expertise, and shall examine the financial disclosure statements of the following categories:
1- The Director General and the members of each of the General Department of Investigations at the Ministry of Interior and the Legal Department at Kuwait Municipality, the arbitrators and experts at the Ministry of Justice, liquidators, judicial custodians and trustees in bankruptcy.
2- Leaders occupying the group of leadership posts in the general salary scale (Excellent Grade / Undersecretary / Assistant Undersecretary).
3- Members of boards of directors, directors general and their deputies or assistants, and secretaries general and their deputies or assistants in public authorities or public institutions or any government entity.
4- Those of equivalent status to leaders from among heads of entities and their deputies, or of administrative units, or managing directors in public authorities and public institutions.
5- The Vice-President and the Undersecretaries of the State Audit Bureau.
6- The chairman and members of councils, bodies and committees that perform executive functions and whose formation, or the appointment of whose members, is made by a law, a decree or a resolution of the Council of Ministers.
7- The Vice-President, the heads of sectors and the leaders in the Financial Controllers Bureau.
8- The Secretary General and the Assistant Secretaries General of the Kuwait Anti-Corruption Authority.
Examination Committees (c):
They shall consist of a chairman and at least two (2) members, including one with legal expertise and another with financial expertise, and shall examine the financial disclosure statements of the other categories that do not fall within the competence of Examination Committees (a, b), and in particular the following categories:
1- Representatives of the State on the boards of directors of companies in which the State, a government entity, a public authority or public institution or any other public legal person directly holds a share of not less than 25% of the capital.
2- Directors of departments and those in the same position from among heads of the organisational units approved in their structures at department level or above.
3- Members of the boards of directors of cooperative societies and sports bodies.
4- Notaries and the notary public at the Real Estate Registration and Authentication Departments of the Ministry of Justice.
5- Financial controllers in the Financial Controllers Bureau.
6- Directors and technical staff at the State Audit Bureau.
7- Directors and technical staff at the Kuwait Anti-Corruption Authority.

Article 25

Members of the judiciary may be engaged to chair and serve as members of the Examination Committees after the approval of the Supreme Judicial Council, and the secretariat of the committee shall be undertaken by one of the employees of the competent sector of the Authority.

Chapter Six – Procedures and Method of Examining the Elements of the Financial Position

Article 26

The President and Members of the Board of Trustees shall submit their statements to the President of the Supreme Judicial Council, who shall refer them to the competent committee for examination. If that committee finds a suspicion of illicit enrichment, it shall – after hearing the statements of the person in respect of whom the suspicion has been found – refer it, with a report, to the Attorney General to take such action as he deems fit. If the committee does not find such suspicion, it shall return the statement to its previous condition and it shall be kept as it was.

Article 27

The committees referred to in the Law and these Regulations shall examine the elements of the financial position of the person subject to the Law by reviewing the statement and verifying that its formal requirements are complete and that all the required data have been provided, and they may request the person subject to the Law to provide clarification or completion thereof.

Article 28

The Examination Committees of the Authority may, after reviewing the statement and such information, data, documents or evidence as are available to them, and subject to the procedures prescribed by the Constitution or the Law, take all the measures necessary to uncover the truth, including the following:
1- To hear the statements of the person subject to the Law.
2- To require the person subject to the Law to submit such data or documents as they deem necessary.
3- To request inquiries from the competent entities.
4- To request data, papers and documents, or copies thereof, from all entities.
5- To seek the assistance of experts or such persons as they deem appropriate from within or outside the Authority.
6- To hear the statements of any person where they deem it necessary, subject to the protection and confidentiality afforded to him by the Law.

Article 29

The Examination Committees shall carry out their work in the manner they deem conducive to establishing the truth.

Article 30

The Authority may request the person subject to the Law to provide information on his financial position where there is evidence justifying this, and the person subject to the Law may request the addition of any data to the statement, provided that the request is referred, together with the statement, to the Examination Committee for re-examination.

Article 31

The Examination Committees shall prepare a report on every person subject to the provisions of this Part who is likely to have an increase in his financial position resulting from illicit enrichment, after hearing his statements and subject to the provisions of Article (27) of these Regulations. The committee shall complete the preparation of the report within a period not exceeding two (2) months, which may – after the approval of the President – be extended for further periods if circumstances so require.
The report shall be referred to the President, who shall send it – where it is complete – to the Public Prosecution in accordance with the mechanism determined by the Board.
In all of the foregoing, the special procedures required by the Constitution or the Law with respect to certain persons shall be observed.

Article 32

If the Examination Committees do not find any suspicion of illicit enrichment, they shall propose a reasoned decision to close the matter in accordance with the mechanism determined by the Board for that purpose. Such decision shall not preclude a re-examination if there is justification therefor or if a report is submitted in that regard. The procedures set out in the preceding Article shall be followed if it becomes apparent to such Committees that there is a suspicion of illicit enrichment.

Article 33

Failure or delay in submitting the statement shall not prevent the Examination Committees of the Authority from examining the elements of the financial position of the persons subject to the Law, even if this is not in connection with the submission of a report against them.

Article 34

A person in respect of whom the examination and preliminary investigation are conducted shall have the right to inspect the statement relating to him and the decisions issued thereon, and to obtain copies thereof with the permission of the head of the competent Examination Committee.

Article 35

Those competent to receive, keep, examine, conduct the preliminary investigation into and dispose of the statements and the reports submitted concerning illicit enrichment shall be prohibited from disclosing the data, information or documents contained therein — even after the end of their service — and they may not enable others to inspect them.

Article 36

Publication and broadcasting relating to the work of the Authority shall be confined to the official statements issued by the President. In the event of a violation thereof, the President may notify the Public Prosecution to take the measures provided for in the Press and Publications Law and the Audio-Visual Media Law.

Part Four – Reporting Procedures, Gathering of Evidence and Means of Protecting Whistleblowers and Those in the Same Position

Chapter One – Reporting Procedures and Disposal of Reports

Article 37

It shall be a condition for a report of corruption offences that the whistleblower has serious indications justifying his belief in the truth of the reported fact. In particular, a report shall be deemed not serious if it is devoid of documents or of any mere reference thereto, or of any circumstantial evidence justifying such belief for the whistleblower.

Article 38

A report shall be submitted to the Authority directly or to any other competent entity, and, as a general rule, the following shall be required therein:
1- It shall be in writing and bear at its end the signature and name of the person submitting it, his capacity, the date of its submission, his address, his means of contact and his telephone numbers. The whistleblower may appear in person at the Authority and submit the report orally, provided that the competent employee draws up an official record thereof.
2- It shall include a sufficient explanation of the reported act of corruption, the time and place of its occurrence, the source, manner and occasion through which he came to know of or learn of the reported fact, the names and capacities of the persons involved therein, and any other information or indications supporting the fact.
3- Any documents or papers in his possession supporting the reported fact shall be attached thereto, whenever available to him.
4- It shall state his relationship with the persons against whom the report is made, and whether he has previously filed a complaint against them with any entity and the outcome thereof.

Article 39

Upon submitting the report, the whistleblower shall be informed — whenever possible — that whoever deliberately submits false data or information, conceals data or information, commits fraud or deception, conceals the truth or misleads justice shall be subject to the provisions of the Law.

Article 40

A special register shall be prepared for recording the reports received by the Authority. As soon as the competent employee receives them, he shall record them in an official record, and a summary of the report and its date shall be entered in the same register, with reference therein to the action taken in respect thereof, whether closure, gathering of evidence or referral to another entity, and to what was done thereafter.

Article 41

Where a report has satisfied its conditions and has led to the detection of a corruption offence, the Authority may grant the whistleblower a financial reward, which may validly be a percentage of the funds and proceeds of corruption offences that have been recovered, where the report was the sole and direct cause thereof. Recognition may also be moral, by granting him certificates of appreciation or by publishing in the media what he has done after the end of the protection period and with his consent, or by any other material and moral incentives determined by the Authority according to each case and circumstance, all in accordance with the controls laid down by the Board of Trustees.

Article 42

The competent department of the Authority shall study the reports and give directions regarding the request for inquiry into them and the gathering of information and documents to verify their truth, and shall express its opinion thereon, refer them to another entity or submit them to the President of the Authority, who shall give directions regarding their disposal or their inclusion on the agenda of the Board meeting to decide what is necessary in respect thereof. The President shall submit a monthly report on all the results of the work to the Board.

Article 43

The President may reverse the decision to close a report if there is a reason justifying that.

Article 44

The Authority shall follow up and study the facts of corruption that come to its knowledge by any means, including information published by the media in that regard, request inquiry into them, gather the documents and facts relating thereto, and dispose of them in accordance with the mechanism set out in Articles 43 and 45 of these Regulations.

Chapter Two – Provisions and Procedures for Requesting Inquiries, Detecting Violations and Gathering Evidence

Article 45

In requesting inquiry, detecting violations in corruption offences and disposing thereof, the Authority shall follow the rules provided for in the relevant laws in force, taking into account any special procedures required by the Constitution or the law to be followed in respect of certain persons.

Article 46

The employees of the Authority — who are designated by a decision of the President — shall have the power to detect violations and draw up official records in respect of the offences provided for in the Law, and they shall be granted a special identity card in that capacity.

Article 47

The employee competent to detect violations and draw up official records shall introduce himself in person to the official in the entity subject of the assignment and produce his special identity card, and shall explain to him the nature of his assignment and any facilities or assistance he may require, all of this unless the nature of the mission requires otherwise.

Article 48

The Authority, through its competent sector, shall carry out the procedures for detecting violations and drawing up official records by any of the following means:
1- Requesting information and reports from the entities concerned with the subject of the report.
2- Inspecting the relevant files, contracts and documents, and seizing them if necessary.
3- Examining and auditing the documents and evidence attached to the reports and complaints submitted to the Authority.
4- Reviewing the reports of the oversight bodies and any other reports which, in coordination with them, indicate facts of corruption, and taking the necessary action in respect thereof.
5- Corresponding with banks to obtain information connected with the subject of the report or copies of documents relating thereto, after following the procedure provided for in paragraph (2) of Article (34) of the Law.
6- Requesting inquiry and gathering information about the funds and proceeds of corruption offences and providing it to the competent entities to trace and recover them wherever they may be.
7- Matching the information in its possession against the data contained in the financial disclosure statement.
8- Conducting interviews and summoning persons to obtain additional information or statements that serve the subject of the report.
9- Ascertaining the damage resulting from the act of corruption that is the subject of the report.
10- Any other legal duties, powers and means serving the purposes of the request for inquiry and the gathering of evidence that the President deems fit to assign to it.

Article 49

If the employee of the Authority competent to detect violations learns, while gathering evidence and information, that a corruption offence has been committed, he shall preserve its evidence and whatever relates to it or is of use to the investigation, take the procedures required for that, record them in an official record and present them to the competent department for directions in that regard.

Article 50

If it becomes apparent to the person examining the report that it is necessary to take any judicial investigation procedure, he shall present the matter to his superiors for referral to the competent Public Prosecution to take such action as it deems fit in that regard.

Article 51

Where the offence is not one caught in the act as set out in the preceding Article, and it is necessary to search a particular person or dwelling, the procedures provided for in the preceding Article shall be followed.

Article 52

The Authority may seek the assistance of such experts, advisers and specialists as it deems fit in whatever it requires for its work, or to participate in obtaining information, in accordance with the rules laid down by the Board in this regard.

Article 53

The employees of the competent sector shall draw up records of the procedures they take and the violations they detect, in preparation for referring them to the competent Public Prosecution.

Article 54

The Authority may require any person against whom there are serious indications of having committed any of the corruption offences provided for in the Law, even if he is not subject to the financial disclosure system, to submit the data, clarifications and documents establishing his financial position, with a view to identifying any unjustified increase therein and ascertaining the extent to which he has derived a real benefit from illicit enrichment, whether or not he had knowledge thereof.

Article 55

In serving documents relating to the application of the provisions of the Law and these Regulations, the Authority shall follow one of the following means:
1. Service of judicial documents by process servers.
2. A letter with acknowledgement of receipt sent by post, or delivered by whomever the Authority designates for that purpose.
3. Any means consistent with the provisions of the laws in force.

Article 56

Where the gathering of evidence reveals a suspicion of a corruption offence, the Authority shall refer the matter to the Public Prosecution.
Where the papers do not disclose a suspicion of an offence, the competent employee shall propose a reasoned decision to close the matter and submit it to his superior, so that it may be closed in accordance with the mechanism set out in the aforementioned Articles 43 and 45.

Article 57

The Authority shall, in coordination with other entities, provide the Public Prosecution with the information, documents, records and all evidence indicating that any person has derived a real benefit from illicit enrichment obtained by him, so that it may take such action against him as it deems fit.

Article 58

Where it becomes apparent to the Authority, from the investigation conducted by the competent entity, that any engagement to which the State is a party violates the laws or is being performed in breach of the concluded contract, it shall notify the competent entities to take the necessary legal measures to rescind the contract, withdraw the concession or otherwise deal with such engagements.

Chapter Three – Procedures for Protecting Whistleblowers and Those in the Same Position

Article 59

Witnesses, experts, victims of the offence and employees of the Authority shall be deemed to be in the same position as the whistleblower, and shall enjoy the same protection, if they give testimony relating to criminalised acts.

Article 60

Protection may extend, according to the circumstances of each case, to the spouse, relatives and all other persons closely connected with the whistleblower and those in the same position as aforesaid.

Article 61

Protection shall commence upon the submission of the report, the request to give information or the request for an expert report, and shall end when the grounds for it cease to exist. In all cases, protection shall be granted and shall end at the discretion of the Authority by a reasoned decision, or upon a written request from the person enjoying it.

Article 62

The Authority shall provide personal protection to the person to whom it has been granted in the following manner:
1. Concealing the identity and replacing it with special codes. The Authority shall maintain confidential registers containing the original data of every person whose identity is decided to be concealed or who is decided to be protected; such registers shall be kept in a manner that ensures their confidentiality and shall not be disclosed except by a decision of the President or the competent court.
2. Providing security protection and following up their affairs and legal interests in cases where it is feared that these may be subjected to obstruction or delay, and securing their attendance at trial hearings and investigations in cooperation with the Ministry of Interior and the relevant entities. The Authority may, for this purpose, seek the assistance of companies and persons experienced in this field with whom it contracts.
3. Changing the place of residence or the place of work, or both, temporarily or permanently, and providing suitable alternatives, according to the circumstances and needs.
4. Changing private telephone numbers or monitoring them at the request of their holder and after following the legal procedures in this regard, and providing an emergency telephone number to receive distress calls from persons covered by protection against any potential assault or threat.
5. Where necessary, whistleblowers, witnesses and experts may give their statements using communications and video technology and other means and applications that ensure their confidentiality and safety, or they may be visited in safe places and their statements heard from behind a screen.

Article 63

No measure may be taken against the whistleblower by his employer that alters his legal or administrative status, diminishes or deprives him of his rights, or damages his standing or reputation, nor any other adverse measures or procedures, of whatever kind, so long as this is for a reason connected with his role in combating corruption. Such decision or measure shall be deemed null and void from the date of its issuance, and all its effects shall be cancelled.

Article 64

Any person who takes any of the foregoing measures against the whistleblower by reason of his reporting a corruption offence shall be held disciplinarily accountable.

Article 65

Any person who believes in good faith in the truth of the fact he has reported, in that he had serious indications justifying such belief, may not be held criminally, civilly or disciplinarily liable, whatever the outcome of that report.

Article 66

Where the report fulfils the conditions referred to in the Law and these Regulations, and the whistleblower suffers material or moral damage, the State shall be bound to compensate him or his heirs, in addition to bearing the costs of his medical treatment and the social care of him and his heirs.

Article 67

The Authority may adopt any other necessary measures or procedures it deems fit to provide the protection intended by the Law.

Part Five – Final Provisions

Article 68

The Authority may request the Ministry of Justice, in its capacity as the central authority concerned with receiving requests for legal assistance, to notify it of the requests received by the Ministry relating to combating corruption immediately upon their receipt, so that the Authority may take the necessary action thereon in coordination with the other entities, in application of the Convention.

Article 69

The ministries, institutions and agencies of the State shall cooperate to support and assist the Authority in its efforts to combat corruption, by reporting incidents of corruption to the Authority and providing it with information, records and documents relevant to any incidents relating to corruption.

Article 70

The Authority shall perform the functions and powers entrusted to it in the field of combating and preventing corruption within the framework of continuous cooperation and coordination with the National Assembly and the Council of Ministers.

Article 71

The Authority may, in coordination with the competent entities, work on preparing agreements with the States Parties to the Convention against Corruption to provide protection to the persons covered thereby while they are outside Kuwait, as well as the methods and mechanisms for summoning them and for their giving testimony and information on corruption offences, or any other kind of assistance necessary for the application of the provisions of the Law.

Financial Disclosure Statement

Pursuant to Law No. 2 of 2016 and its Executive Regulations

(These instructions shall be read carefully before the statement is completed)

The persons referred to in Article (2) of the Law shall submit this statement in accordance with the following instructions.

1) The particulars of the statement shall be completed in Arabic, observing the Authority’s notes set out therein, and the statement shall bear the name and signature of the person subject to the Law. The particulars shall be true and accurate, and the statement shall be placed in the envelope prepared by the Authority, which shall be securely sealed.

2) Deadlines for submitting financial disclosure statements and their types

Type of statement	Submission deadline	Tick (√)
Initial statement	● Within six months from the date of publication of the Regulations, if in service. ● Within 60 days from the date of assuming the office or capacity.
Update of the statement	● Within 60 days from the end of every 3 years for as long as the person subject to the Law remains in office.
Final statement	● Within 90 days from the date of leaving any office or the cessation of the capacity.

3) In the event of delay in, or failure to submit, the financial disclosure statement within its deadline, the penalties set out in the Law shall apply, and the violation file shall be referred to the competent Examination Committee to verify the elements of his financial position.

4) If the person subject to the Law submits an incomplete or incorrect financial disclosure statement with knowledge thereof, or fails to submit a statement in respect of any of the persons under his guardianship, custodianship or curatorship despite being served notice, he shall be punished in accordance with the Law, and may be dismissed from his post.

5) The person subject to the Law shall submit the financial disclosure statement to the competent employee at the Authority’s premises or at his place of work, as determined by the Authority. It may be sent to the Authority by post, by registered letter with acknowledgement of receipt, in the case of those residing abroad or in the cases specified by the President of the Authority.

6) The envelope shall be delivered against a receipt from the competent employee.

7) When completing the financial disclosure statement, the declarant may not refer to the particulars of his previous statement, and shall always state the particulars of the statement in accordance with the Law.

8) Financial disclosure statements are secrets that shall be safeguarded. All those concerned with the implementation of the Law shall not disclose them, even after the end of their employment relationship, and anyone who violates this shall be punished in accordance with the Law.

9) Where any table or page is insufficient, it shall be photocopied, added and signed by the declarant.

10) In the name field, the name of the declarant, his minor children and the persons under his guardianship, custodianship or curatorship, as the case may be, shall be entered.

11) Where the property is an undivided estate, the owner’s share shall be stated.

12) Values in all tables shall be stated in Kuwaiti Dinars.

13) The elements of the financial position include those located inside and outside the State of Kuwait.

14) Where any table is not used, the words “None” shall be written in it and it shall be signed.

15) No blank spaces shall be left in the statement; lines shall be drawn to fill them.

Declarant’s signature

Particulars of the declarant (in the country of residence)

Name of the person submitting the statement			Sex
Nationality		Civil ID number
Country of residence		Passport number

Post / capacity	Entity	Date assumed	Date left
1.
2.
3.
4.
5.

Work telephone			Mobile
Residential address
Home telephone		Email

Total fixed monthly salary received by the declarant from the post or capacity	KD

❖ If the declarant holds more than one post or capacity, he shall state all of them and submit a single statement in respect of them. Upon leaving any of them, he shall state this in the update of the statement and indicate those still held.

❖ The name of the entity shall be stated against each post or capacity held, together with the description set out in Article (2) of the Law.

Declarant’s signature

1. Particulars of the declarant’s minor children and the persons under his guardianship, custodianship or curatorship

Name	Date of birth	Relationship	Type of identification		Identification number	Notes
			Civil ID card	Passport

❖ The instrument of guardianship, custodianship or curatorship, if any, shall be referred to in the Notes field.

❖ A tick ( √ ) shall be placed against the type of identification.

Declarant’s signature

2– Real property wholly or partly owned by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship

Owner’s name	Location of the property	Area of the property	Ownership percentage	Type of property	Notes

❖ Real property of all types, including land, buildings and other property.

Declarant’s signature

3. Usufruct rights held by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship

Usufructuary’s name	Location of the usufruct right	Area	Type	Notes

❖ All usufruct rights, including State-owned land and the property built on it, whatever its licence – chalets – industrial – commercial – agricultural – service – crafts, or agricultural or animal production plots (livestock pens and stables), and others, as well as entitlements in endowments (waqf) or charitable bequests.

❖ Type: chalet – industrial land – agricultural land – animal production plots (livestock pens and stables) ……. other.

Declarant’s signature

4. Securities and shares in companies held by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship.

Owner’s name	Securities and shares in companies		Name of the company or issuer	Nationality of the company or issuer	Listed / unlisted	Notes
	Type	Number and percentage

❖ Securities: include shares, bonds, sukuk, shares in companies, units in investment funds and others, whatever their designation, and anything that establishes a financial right for the person subject to the Law, whatever its designation or source.

Declarant’s signature

5– Deposits, bank accounts and debts owed to the declarant, his minor children and the persons under his guardianship, custodianship or curatorship

Name	Name of the debtor or depositary or bank	Nationality of the debtor entity	Type of debt or deposit or bank account	Value {KD}	Notes

❖ Bank accounts: all accounts, whatever their designation {current, savings or other}, as well as cash deposited in safe deposit boxes and elsewhere.

Declarant’s signature

6. Debts owed by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship.

Debtor’s name	Name of the bank, lender or creditor	Nationality of the creditor entity	Value of the debt {KD}	Final repayment date	Notes

❖ Debts: all liabilities outstanding at the time the statement is submitted.

Declarant’s signature

7. Movables of value held by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship.

Owner’s name	Description of movables		Total value {KD}	Notes
	Number	Description

❖ Movables of value – including gifts – and cash sums (whose value exceeds 3000 dinars at the time they entered the declarant’s estate) shall be stated, in particular vehicles, machinery, jewellery, precious and valuable stones, antiques, livestock and agricultural wealth, and others.

Declarant’s signature

Notes

Particulars to be added concerning the elements of the financial position (including authorisations and powers of attorney having financial effect held by the declarant, his minor children and the persons under his guardianship, custodianship or curatorship, inside or outside the State of Kuwait)

other than those stated above.

………………………………………………

This is a declaration of the elements of my financial position / the financial position of my minor children and the persons under my custodianship or curatorship

Name:

Signature:

Done on: ….. / ….. / …..

Issued on 2 November 2016 and published in the Official Gazette Kuwait Al-Youm on 13 November 2016.