NAB and Corruption in Business in Pakistan

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NAB and Corruption in Business in Pakistan by: Asad Khalid Ayesha Majid Bilal Sarwar Huma Zafar Maaz Junaid Khan 2016 1 Contents Significance........................................................................................................ (M.Bilal Sarwar) 2 Introduction........................................................................................................ (M.Bilal Sarwar) 2 Constitution under which NAB was established. ................................................ (Ayesha Majid) 3 Authority of NAB ................................................................................................ (Ayesha Majid) 4 After amendment of 2009 .................................................................................... (Ayesha Majid) 4 Code of Conduct for Business in Pakistan............................................................ (Ayesha Majid) 5 Constitutional Issues…………………………………………………………......(Ayesha Majid) 6 Procedure of Assessment of Cases .........................................................................(Asad Khalid) 6 Prosecution..............................................................................................................(Asad Khalid) 9 Corruption Perception Index (CPI) .............................................................(Maaz Junaid Khan) 10 Effectiveness of NAB ..................................................................................(Maaz Junaid Khan) 11 How NAB improved Pakistan’s CPI ..........................................................(Maaz Junaid Khan) 13 Prominent NAB Cases .......................................................................................... (Huma Zafar) 13 Conclusion ....................................................................................................... (M.Bilal Sarwar) 15 References............................................................................................................. (Huma Zafar) 16 2 Significance We chose this topic because after we are done with our education, we will be part of the world involving monetary instruments and their exchange. So the core objective of this paper is to beware ourselves of what are the practices that must be avoided in practical world in Pakistan as to stay legal and avoid fraudulent practices in both private and government sector. Also in lieu of the current National Action Plan, NAB is very active in bringing the culprits within the framework of law. Introduction The fourth military coup in 1999 replaced the Ehtesab Bureau with the National Accountability Bureau (NAB), with enactment of National Accountability Bureau Ordinance (No XVIII of 1999) (NAO) with a retrospective effect, taking cognizance of offences as far back as 1985. With the aim of eradicating “corruption and corrupt practices and hold[ing] accountable all those persons accused of such practices…”. The necessity for establishing the NAB with its wide-ranging powers is justified in the Preamble to the Ordinance. . It is charged with the responsibility of elimination of corruption through a holistic approach of awareness, prevention and enforcement. It is headquartered in Islamabad having regional offices in seven other cities namely Karachi, Lahore, Peshawar, Quetta, Rawalpindi, Multan and Sukkur. NAB was created on the lines of ACAs of Hong Kong and Singapore. It has peculiar features that defy criminal procedure codes norms, such as shifting the onus of proof on the accused and making the accused testify against himself. It attained the status of the supreme anti-corruption authority and came into the field with full force having wide powers, stiff procedures and harsh punishments for anyone, in the public or private sector. Until 1999 and prior to the formation of the NAB, the FIA was the primary accountability institution at the Federal level. It still operates as an Anti-Corruption Authority, but with curtailed jurisdiction. 3 The NAO and the NAB have jurisdiction that extends to the whole of Pakistan and overrides all other corruption related laws and no court can grant bail to a person accused of an offence by the NAB. Being a statutory body, the NAB has a very strong and independent legal setup. The provisions of its enabling law (NAO, 1999) has an overriding effect. Constitution under which NAB was established. Primary laws to deal with corruption in Pakistan are;  The Pakistan Penal Code (PPC) 1860,  The Prevention of Corruption Act (PCA), 1947  The National Accountability Ordinance (NAO), 1999(amended in 2005 & 2009). Two Anticorruption Authorities (ACAs) i.e. the National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) work at the Federal level and four Anti-Corruption Establishments (ACEs) operate at Provincial level are empowered to investigate into various cases of public sector. Accountability Courts are established under the NAB Ordinance and deal with cases sent by the NAB. The Central and Provincial Special Courts set up under the Criminal Law Amendment Act 1958 deal with the cases sent by FIA and ACEs respectively. Various authorities like Public Procurement Regulatory Authority (PPRA) through Public Accounts Committees (PACs). The Office of the Auditor General of Pakistan, and Office of the Wafaqi Mohtasib (Ombudsman) of Pakistan too are empowered to check executive acts. The present accountability drive aims at deterring corruption by prosecuting high profile cases of corruption in every segment of the society. A serious attempt is being made to curtail the corruption of private sector, government organizations and politicians. While striving to achieve 4 the objective NAB is constantly guided by National Priority of Economic Revival. Authority of NAB  Under NAO the chairman NAB or any authorized officer may call for information from any person during inquiry/ investigation in connection with the provisions of the Ordinance.  The Chairman NAB or an officer authorized by the Federal government may request a Foreign State to have the evidence taken/ obtained, freeze assets, confiscate articles, and transfer such evidence or articles or assets to Pakistan and transfer the person in custody to Pakistan  The bank and financial institution are to take notice of unusual or large transaction, which have no apparent economic or lawful purpose and shall be referred to Chairman, NAB. Failure to do so is punishable with imprisonment extending to 5 years or with fine or both.  Once the Chairman NAB initiates investigation no accused person shall transfer or create any charge on any property, and such transfer shall be void. The contravention is punishable for up to 3 years imprisonment and fine not exceeding the value of the property  NAB can launch investigation against all sitting or former members of the public, politicians and government officials, including the Chief Minister of a province or Prime Minister, former President or the Governor of a Province. After amendment of 2009 Its jurisdiction extends to all sitting or former members of the public, politicians and government officials, including the Chief Minister of a province or Prime Minister, former President or the Governor of a Province. Special provisions of 'voluntary return' and 'plea bargain' were incorporated, which helped in bringing back the looted wealth to Government's treasury. It can seek information from any organization/department during investigations and has extra ordinary powers to seize assets of an accused even at the inquiry 5 stage. Code of conduct for business in Pakistan. Code of Conduct for Business in Pakistan Companies can be held civilly liable under the Prevention of Corruption Act and the National Accountability Ordinance. Facilitation payments and gifts are prohibited but are common practice. Pakistan does not ensure inte

 

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English.


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Public Finances and Taxation, Commercial Law, Corruption and Bureaucratism .


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Pakistan.


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