Law on Amendment to the Law on Anti-Corruption_ 110801

ROYAL KRAM

NS/RKM/0811/017

We, Preah Bat Norodom Sihakmony,

–         Having seen the Constitution of the Kingdom of Cambodia;

–         Having seen Royal Decree No. NS/RKT/0908/1055, dated September  25 2008, on the Appointment of the Royal Government of the Kingdom of Cambodia;

–         Having seen Royal Kram No. 02/NS/94, dated July 20 1994, promulgating the Law on Organization and Functioning of the Council of Ministers;

–         Having seen Royal Kram No. ChS/RKM/0498/06, dated April 08 1998, promulgating the Law on Organization and Functioning of the Constitutional Council;

–         Having seen Royal Kram No. NS/RKM/0107/005, dated January 31 2007, promulgating the Law on Amendment to the Law on Organization and Functioning of the Constitutional Council;

–         Having seen Royal Kram No. NS/RKM/0410/004, dated April 17 2007, promulgating the Law on Anti-Corruption;

–         Pursuant to the proposal of Samdech Akkak Moha Sena Padei Techor Hun Sen, the Prime Minister of the Kingdom of Cambodia, and the Head of the Anti-Corruption Unit;

Hereby Promulgate

The Law on Amendment to the Law on Anti-Corruption, which the National Assembly has amended on June 16 2011 at the 6^th session of the National Assembly in the 4^th Legislature, and the Senate informed to the session of the Senate on July 1 2011 by having considered that there are no new points that comment should be provided for the second time regarding this Law. The Constitutional Council examined the constitutionality and pronounced that this amendment is in line with the Constitution pursuant to the Decision No. 118/006/2011 KBTh.Ch, dated July 14 2011, which the full text includes as follows:

 Law

on

Amendment to the Law on Anti-Corruption

Article One:

It shall be added to Article 10 (bis), amended Article 16 and deleted Article 57 of the Law on Anti-Corruption, promulgated by the Royal Kram No. NS/RKM/0410/004, dated April 17 2010, as follows:

Article 10 (bis): Proclamation (Prakas) of the Chairman of the National Council against Corruption

The Chairman of the National Council against Corruption shall issue Prakas to organize/prepare structure of the Anti-Corruption Unit from the subordinate department level, and the appointment, changes, termination of duty of the framework officials of the Anti-Corruption Institution commencing from the subordinate department level as requested by the Chairman of Anti-Corruption Unit.

Article 16 (New): Budget and Resources of the Anti-Corruption Institution

The Anti-corruption Institution has a separate budget package for its work operation and the package is within the national budget. The Anti-Corruption Institution shall receive the needed resources from the government, shall have the right to receive donations or assistances from national and international organizations. The Anti-Corruption Institution will not receive any assistance which leads to a conflict of interest.

The Chairman of the Anti-Corruption Unit shall be the principal manager.

The management and organization of budget of the Anti-Corruption Institution shall be determined by Sub-Decree.          

            Article 57 shall be deleted.

Article Two:

This Law is declared to be urgent.

Made in the Royal Palace, Phnom Penh: 01 August 2011.

Sealed and signed: Norodom Sihakmony

Have submitted to the King for signature

Prime Minister

Samdech Akkak Moha Sena Padei Techor Hun Sen