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CAPACITIES SAMPLE QUESTIONS
Enabling Environment
3. Legal Framework Which laws govern the anti-corruption agency?
Is the anti-corruption agency established by law or by decree?
Does the law guarantee the annual budget of the anti- corruption agency?
Does the law ensure security of tenure for senior management of the anti-corruption agency?
What is the jurisdiction of the anti-corruption agency?
Are any specific groups of people excluded from the anti- corruption agency’s jurisdiction?
Are all offences in the UNCAC criminalized under national legislation?
Are money laundering and illegal enrichment penalized by law?
Are there any statutes of limitation for corruption offences?
Are there any immunities for specific office holders?
Does the anti-corruption agency have the power to freeze, seize and confiscate assets?
Does the anti-corruption agency have the power to prosecute?
Is there a whistle-blowing law? Are citizens protected by law if they report to the anti-corruption agency?
Is there a freedom of information law?
Are there laws governing investigation related powers on:

  • access to witnesses
  • access to documents (including from banks)
  • seeking information from overseas
  • punishing obstruction and intimidation
  • punishing failure to obey a formal order of the anti-corruption agency
  • punishing failure to produce documents formally requested by the anti-corruption agency
  • protecting informants
  • protecting information
  • arrest
  • plea bargain
  • surveillance
  • interception of electronic communications
  • access to PCs and laptops
  • taking samples from witnesses and suspects
  • entering and searching premises
  • accessing financial records 
4. Accountability access to PCs and laptops
taking samples from witnesses and suspects
entering and searching premises
accessing financial records