The Ethics and Anti-Corruption Commission (EACC) has issued directives on opening and operation of foreign bank accounts by state and public officers.
In a notice on Wednesday, November 29, EACC quoted Section 19(2) of the Leadership and Integrity Act, 2012 and the Leadership and Integrity Regulations, 2015 which provide the legal requirements for state officers operating foreign bank accounts.
To begin with, a state officer who has reasonable grounds for opening or operating a bank account outside the country must apply to the EACC for approval to open and operate that account.
“A state officer who operates or controls a bank account outside Kenya is required to submit statements of the account annually and authorize the Commission to verify such statements and any other relevant information from the foreign financial institution in which the account is held,” said EACC.
Further, the Commission said a state officer who ceases to operate an approved foreign account is required to notify EACC.
Also, such state officers must also provide the Commission with evidence of closure of the account within thirty days of such closure.
“Section 19 (6) of the Leadership and Integrity Act 2012 provides that a state officer who fails to declare operation or control of a bank account outside Kenya commits an offence and shall upon conviction be liable to imprisonment for a term not exceeding five (5) years, or a fine not exceeding five (5) million shillings or both,” stated EACC.
Also Read: Blow as Court Suspends Ruto’s Key Project
Foreign Bank Accounts Application Process
Additionally, the Commission informed all state officers that it has automated the process for seeking approval to open or continue to operate foreign bank accounts.
Besides, the automated process also allows submission of annual statements of account.
Furthermore, EACC mentioned that the automated process can be accessed through the link https://adili.eacc.go.ke/.
“Application for approval, annual bank account statements and notifications of account closure can also be submitted through the email [email protected],” added EACC.
In addition, the Commission directed that the application form can be downloaded from its website https://.eacc.go.ke.
Also Read: EACC – 1,056 Public Officials Have Bank Accounts Outside Kenya
EACC Income Declaration
In a separate notice, EACC directed all state officers to declare their income, assets and liabilities before December 31, 2023.
EACC reminded state officers that failure to submit a declaration or submission of false declarations is an offence under Section 32 of the Public Officers Ethics Act (POEA).
Further, the Commission noted that there has been very low compliance by officials of registered Savings and Credit Cooperative Societies (SACCOs).
