Chambers Global Practice Guide 2018 - Anti-Corruption

1. OFFENCES

1.1 Legal framework for offences

In the Cayman Islands, the main legislation relating to anti-bribery and anti-corruption is the Anti-Corruption Law (2016 Revision) (referred to hereafter as the "Law"). The Law came into force on 1 January 2010 and gave effect to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and to the United Nations Convention Against Corruption (the former of which has and the latter of which has not been extended to the Cayman Islands). The Law abolished the offences that previously existed under ss. 90 to 96 of the Penal Code (2013 Revision).

The nature of the offences under the Law means that the proceeds of such offences (and, in particular, their handling by the offenders or third parties) may also give scope for charges to be laid pursuant to the Proceeds of Crime Law (2016 Revision). Indeed, this possibility is expressly recognised in s. 35 of the Law.