Cayman's Attorney General Praises 2008 Legislative Progress

by Amanda Banks, for LawAndTax-News.com, London

14 January 2009

At the opening of the Grand Court for the 2009 session, Attorney General Samuel Bulgin, reflecting on legislative achievements in 2009, commended the government for enacting many laws designed to tackle corruption and money laundering.

Speaking at the address, Bulgin said “On the legislative front, I am pleased to report in a bid to give effect to the Government’s various policy initiatives, that the Legislative Drafting Department had a very active year and with the cooperation and involvement of members of the legal profession, associations and the general public a number of important pieces of legislation were progressed. We are grateful for the assistance of all those who participated in the consultation process with respect to the very many pieces of legislation which were considered throughout the year.”

“Of note are the passing of the Anti Corruption Law, this gives effect in the Cayman Islands to the United Nations Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Law will establish an Anti Corruption Commission and create new offences such as frauds on government, 'influence peddling' and secret commissions. The plan is that following a series of workshops and seminars scheduled for later this month and early February to further sensitise public officers and others including those who serve on statutory authorities, the commencement date for the laws will be gazetted.”

Also adopted in 2008 was the revised Proceeds of Criminal Conduct Law, which replaced the 2007 version. The new version consolidates and harmonizes the various money laundering and confiscation regimes; the change enhances the laws relating to the confiscation of the proceeds of crime and the laws relating to mutual legal assistance in criminal matters.

Further legislative proposals have been drafted by the government and will be implemented in 2009. Among those proposals the following areas will be considered:

• The criminalisation of discrimination in connection with employment and the provision of goods; and
• Introducing legislation in respect of miscellaneous financial matters, with a view to securing the position of the Cayman Islands as a top offshore investment jurisdiction.

“The [Law Reform] Commission continues to be at the forefront of change and I want to take this opportunity to thank the Chairman and members as well as the staff of the Commission for their continued good work in the area of law reform. We recognise that while change is underway in some areas, there are still steps which need to be taken towards full implementation of others in 2009,” said Bulgin.

Recommended