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Pandora Papers disclosure: Int’l cooperation essential to hold wrongdoers accountable – TISL

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Three RTI applications filed calling for information about asset declarations submitted by Nirupama Rajapaksa

Transparency International Sri Lanka (TISL) says international cooperation through diplomatic channels is essential to hold offshore enablers and asset destinations accountable.

TISL has said that in addition to a complaint filed with the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), three RTI (Right to Information) applications have been filed seeking asset declarations submitted by Nirupama Rajapaksa. TISL has also written to the FIU (Financial Investigation Unit) calling for immediate investigation into potential money laundering claims.

TISL has said in a media statement: “The Pandora Papers exposé provides clear evidence of how the offshore industry promotes corruption and demonstrates the importance of ensuring the transparency of beneficial ownership of entities. Particularly in Sri Lanka, the Pandora Papers refer to extensive assets held offshore by former Deputy Minister of Water Supply and Drainage, Nirupama Rajapaksa and her husband, Thirukumar Nadesan. TISL in its initial statement following the revelations, called on the Sri Lankan authorities to ensure that independent investigations are carried out expeditiously into the revelations made by tPandora Papers. Since then, the President has called on the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) to investigate the claims made by Pandora Papers.

TISL has taken several steps since the initial statement, pertaining to the revelations made by Pandora Papers.

One 07 October 2021, TISL filed a complaint with CIABOC, calling for an investigation into the alleged unexplained assets of the former Deputy Minister and her husband who has been identified as Politically Exposed Persons (PEP). TISL noted that the transactions revealed through this exposé could amount to offences under Section 23A of the Bribery Act, Section 4(1) of the CIABOC Act, and relevant provisions of the Declaration of Assets and Liabilities Law, and requested the Commission to probe into the Declarations of Assets and Liabilities of Nirupama Rajapaksa relating to her tenure as a Member of Parliament. TISL requested CIABOC to investigate whether public funds have been embezzled and laundered to these foreign safe havens.

TISL also wrote to the Financial Intelligence Unit (FIU) of the Central Bank of Sri Lanka on 13th October, calling on them to coordinate with relevant law enforcement authorities at both local and international level to investigate potential money laundering allegedly committed by the former Member of Parliament and her spouse. The FIU, as the central independent body established in terms of the provisions of the Financial Transactions Reporting Act No. 06 of 2006 (FTRA), is empowered to facilitate the prevention, detection, investigation and prosecution of offences related to money laundering and terrorist financing.

Through the letter TISL requested the FIU to take further steps to furnish the authorities with evidence, examining the financial transactions that have flowed in and out of Sri Lanka by coordinating with local and foreign financial institutions connected to these two individuals.

TISL has also filed three Right to Information Requests to the Elections Commission, Parliament of Sri Lanka and the Presidential Secretariat, calling for the Declarations of Assets and Liabilities of Nirupama Rajapaksa as an election candidate, Member of Parliament and Deputy Minister respectively

 The Declaration of Assets and Liabilities Law No 1 of 1975 makes it mandatory for Parliamentarians and senior public officials to annually submit a declaration of assets and liabilities, which includes the assets and liabilities of their spouse and dependent children. If the former Parliamentarian has not disclosed the overseas assets revealed through Pandora Papers, she will be in breach of the Declaration of Assets and Liabilities Law. Therefore, her asset declarations would be a key tool to identify whether the overseas assets of the deputy minister, her spouse and children revealed through Pandora Papers have been disclosed at the time.”

TISL Executive Director, Nadishani Perera, commenting on the matter stated “We urge the relevant authorities in the country to take immediate action to independently investigate the revelations made by Pandora Papers. It is important that the due process is followed without any interference, obstructions or delays. For the PEPs implicated, there remains a path to clearing their name, if they were to heed the call of the public by making the relevant asset declarations public. A thorough and impartial investigation will also bolster faith in the law enforcement agencies of the country and prove to be an important deterrent against perpetrators of white-collar crimes.”

The TISL Executive Director also noted that “while it is important to take stringent action to prevent foreign currency unlawfully flowing out of the country into secrecy jurisdictions, it is also imperative that countries like Sri Lanka take this issue up on a diplomatic level in order to ensure financial institutions in countries such as Singapore are also held accountable and that steps are taken to recover any proceeds of crime back to our country from these asset destinations.”



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Enter correct age of children when setting up email accounts for them- Police Crimes Division

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Officials of the Police Crime Division told the Sectoral Oversight Committee on Reconciliation and National Unity that email accounts for school children should not be set up giving parents details but by entering the correct age of the children.

The officials pointed out that as online education has become a necessity it was necessary to provide the children with mobile phones (Smart Phone active) to access computer devices. However, they pointed out that by providing the parents’ data for this purpose when giving smart phones and setting up email accounts, the children will have the opportunity to access any website. But, if the information including the correct age of the children are provided, the internet system itself will control the ability and access of the children to view inappropriate videos and websites.

The Sectoral Oversight Committee on Reconciliation and National Unity met under the Chairmanship of Member of Parliament Dilan Perera in order to discuss the program to be carried out in collaboration with the National Reconciliation and Children and Women Bureau .

 

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New legislation being drafted to address land, labour, capital and technology laws – Presidential Advisor

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Addressing the Panel Discussion of the National Law Conference 2023, Presidential Advisor Dr. R.H.S Samaratunga, emphasized the need for a comprehensive review of land laws, labour laws, capital laws, and technology laws in order to meet the requirements of a competitive economy. He noted that the Presidential Secretariat is currently examining a series of new legislation drafts that address these four crucial sectors.

The National Law Conference 2023/24 was held from June 02 to June 04, 2023 at The Grand Hotel, Nuwara Eliya. The 2nd segment of the conference focused on sectoral views on strengthening the economy and a number of local and foreign key stakeholders gave their comments. They also commended the effort of the BASL in organizing such a conference and appreciated the government’s genuine efforts to recover the country from the crisis and extended their support in rebuilding the country focusing on areas in which they could contribute to.

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March 12 Movement, MP Rajakaruna ask Prez to sack gold-smuggling MP

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By Shamindra Ferdinando

Declaring that Muslim National Alliance (MNA) MP Ali Sabri Raheem couldn’t continue to be an MP after being fined for an abortive attempt to smuggle in Rs 78.2 mn worth of gold and smartphones, the March 12 Movement has appealed to the executive, legislature and the judiciary to sack the MP, who, they say, has brought Parliament into disrepute.

Civil society activist Rohana Hettiarachchi, on behalf of the March 12 Movement, told The Island that MP Raheem should be dealt with the way the late President J.R. Jayewardene had handled the case of Kandy District UNP MP Anura Daniel. Jayewardene had removed MP Daniel, who was nabbed for a similar smuggling offence, Hettiarachchi said, urging President Ranil Wickremesinghe to take the initiative.

Pointing out that Customs had fined MP Raheem Rs 7.4 mn over two weeks back, Hettiarachchi found fault with the President and Parliament for failing to take tangible measures in that regard. The All Ceylon Makkal Congress (ACMC), which fielded Raheem from the Puttalam District at the last parliamentary election (2020), couldn’t absolve itself of the responsibility for the MP’s despicable action, Hettiarachchi said.

Vanni District MP Rishad Bathiudeen, who entered Parliament on the SJB ticket, is the leader of ACMC.

Hettiarachchi, who is also the Executive Director of PAFFREL (People’s Action for Free and Fair Elections), said that the government conveniently forgot to investigate whether MP Raheem smuggled in gold, smartphones or any other items on earlier occasions, since he entered Parliament. Since 01 March this year MP Raheem had gone abroad (to Dubai) on five occasions before he was caught, Hettiarachchi said, finding fault with Parliament for not going the whole hog.

There should have been no holds barred investigation, Hettiarachchi pointed out and said Customs owed an explanation why a maximum fine was not imposed on the gold smuggling MP. Instead, the MP was fined Rs 7.4 mn and allowed to proceed to Parliament where he voted against a government motion.

Hettiarachchi said that the Customs response to the detection should be examined taking into consideration Customs (Amendment) Act (No 83 of 1988).

Responding to another query, Hettiarachchi said that in spite of leaders of several political parties requesting the Speaker Mahinda Yapa Abeywardena to take up this issue, the Speaker seemed to be determined not to get involved.

SJB MP Harshana Rajakaruna yesterday told The Island that though ACMC nominee Raheem entered Parliament on the MNA ticket, only President Ranil Wickremesinghe could compel the offending MP to quit Parliament. “That is the reality,” the Gampaha District MP said, pointing out that MP Raheem served the Wickremesinghe-Rajapaksa administration.

Recalling how MP Raheem voted for the 21 Amendment to the Constitution in October 2020, MP Rajakaruna said that the MP also voted for Ranil Wickremesinghe at the House vote to elect an MP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term.

MP Raheem voting with the Opposition on the motion to remove Janaka Ratnayake as the Chairman of the Public Utilities Commission hadn’t changed the relationship between the two parties (the government and the MNA), MP Rajakaruna said. According to him, those responsible turned a blind eye to the incident.

Civil society member Hettiarachchi said that they sought information relating to MP Raheem’s case from Customs in terms of the RTI (Right to Information) Act as the crux of the matter is the imposition of a lower fine regardless of the provision to declare harshest fine in terms of Customs law.

Hettiarachchi raised the possibility of the government interfering with MP Raheem’s case as there couldn’t be any other reason for Customs to impose a relatively lower fine.

MP Raheem is on record as having claimed that Customs fined him Rs 7.4 mn whereas a close associate of him who smuggled the undisclosed gold and smartphones was fined just Rs 100,000.

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