Integrity Commission to seize undeclared property

The Integrity Commission, being sworn in today, can seize the assets of any State official not properly declared under the Integrity in Public Life Act 2000. In addition, the official can face 10 years imprisonment, and a $250,000 fine.

This is disclosed in the Prescribed Form for declarants contained in the Integrity in Public Life Act (Prescribed Forms) Regulations 2001, obtained by Newsday. It was approved and signed by all five outgoing Commissioners on  August 7, 2001. The Act governs elected politicians, judges and magistrates, and directors of statutory bodies and State companies, and permanent secretaries and chief technical officers. But a sore point with both Government and Opposition politicians is that the income and assets of an official’s spouse (“a person to whom the declarant is married or living in a conjugal relationship outside of marriage”) and his dependant children must also be declared under the Act. The 36-page Regulations, reminiscent of a TD4 income tax form, requires each declarant to complete Form A (Parts I to V), a Declaration of Income, Assets and Liabilities; Form B, a Statement of Registrable Interests; and Form C, a Certificate of Compliance. The Commission can require further information from declarants. Instructions in the Regulations state that if an official is found to possess undeclared income or assets and he has failed to account for it, he is liable to a fine and imprisonment, and possible seizure of the said property.

It states: “Where the offence involves the deliberate non-disclosure of property, the Court may, in addition — (a) where the property involved is situated in Trinidad and Tobago, declare that it be forfeited to the State; (b) where the property involved is situated outside of Trinidad and Tobago, order that an amount equivalent to the value of the property (value to be assessed as directed by the Court), be paid by the person in public life to the State.” Further the Schedule empowers the Integrity Commission to judge a declarant’s claims, stating: “Where in a declaration filed with the Commission, a person in public life discloses an income which is insufficient to support the accretion (addition) in value of the net assets disclosed so as to raise the inference that there must have been other income to account for the extent of the acquisition of such assets, the person in public life will be deemed to have been in possession of such income which has not been disclosed and the onus shall be on him to establish the source of that further income.”

Part II also provides a separate sheet for Declarant’s Statement of any gift, fee of personal benefit, even requiring the declarant to describe the circumstances under which any of these was given or accepted.  It states: “Complete this statement if you have received a gift, fee or personal benefit as an incident of the protocol or social obligations that normally accompany the responsibilities of your office, where the value of the gift, fee or benefit exceeds $2,000 or where the total value of the gifts, fees or benefits received directly or indirectly from one source, in any 12 month period, exceeds $2,000. List all gifts, fees or benefits where the total value of the gifts, fees or benefits received directly or indirectly from one source, in any 12 month period exceeds $2,000.” The form requires the date of receipt; name and address of donor; decription of gift, fee or benefit; and value. Form A requires a detailed account of income, assets and liabilities.

In Part I of the form, declarants must state their own home and job details, plus those of their spouse, and name all dependant children. Part II seeks details of sources of income of declarant, spouse and any dependant children from government/non-government; trade/profession/ vocation, property (ie real estate); interest; dividends; gains/profits (from assets sold); other benefits from employment including housing and travelling allowances; and other sources including but not limited to commissions, bonuses, pensions, trusts, and annuities. Part III requires details of assets of real property, land, money in banks and financial institutions, unit trust and mutual funds, cash and valuables held in safety deposit boxes, life insurance policies, company shares and stocks (quoted and unquoted), investments in partnerships/joint vetures/other businesses, motor vehicles, money loaned, government and corporate bonds, credit unions, other assets including but not limited to boats, jewelry, paintings, and coin collections. In Part IV officials must declare liabilities like mortgages and judgment debts.

In a Statement of Registrable Interest, declarants must state their company directorships, State contracts, company investments, trustee and beneficiary positions held, plus interests in lands, contributory funds, and political/trade/professional associations, and other sources of income. They must also answer the declaration: “I have the following other substantial interests which may appear to raise a material conflict between my private interest and my public duty.” The Schedule explained: “Under Section 2 of the Integrity in Public Life Act, ‘income’ means all income, from whatever source derived or acquired in and out of Trinidad and Tobago whether directly or indirectly, as money or money’s worth and includes all receipts by way of salary, fees, wages, perquisites, profits, gains, emoluments, rents, interest, commisions, bonus, pension, annuity or benefit, and all income within the meaning of the Income Tax Act. The National Constitution in S.138 (1) mandates the Integrity Commission which is birthed by the Integrity in Public Life Act, stating “There shall be an Integrity Commission for Trinidad and Tobago consisting of such number of members, qualified and appointed in such manner and holding office upon tenure as may be prescribed. (2) The Commission shall be charged with the duty of (a) receiving from time to time, declarations in writing of the assets, liabilities and income of members of the House of Representatives, Ministers of Government, Parliamentary Secretaries, Permanent Secretaries and Chief Technical Officers; (b) the supervision of all matters connected therewith as may be prescribed.”