National Office against Fraud and Corruption

The fist of the adopted legal acts, Law of 12 February 2024 No. 2024-06 “On Amending Law of 28 December 2012 No. 2012-30 “On Establishing the National Office against Fraud and Corruption” (Loi n° 2024-06 du 09 février 2024 modifiant la loi n° 2012-30 du 28 décembre 2012 portant création de l'Office national de lutte contre la fraude et la corruption (OFNAC)) expands the powers of the National Office against Fraud and Corruption (Office National de Lutte Contre la Fraude et la Corruption, hereinafter, the OFNAC).

The OFNAC has been entrusted with the following functions:

• Investigate crimes falling under the OFNAC’s jurisdiction, i.e. fraud, corruption, illicit enrichment and other related crimes regardless of the damage inflicted, and take decisions on arresting the accused. The Law has increased the statute of limitations for these crimes from three to seven years;
• Conclude non-trial resolutions under the OFNAC’s jurisdiction on behalf of its President;
• Recover assets that are proceeds of crimes under the OFNAC’s jurisdiction and subsequently transfer them to a fund created for these purposes;
• Notify the Prosecutor-General and/or other competent bodies about the detected indicators of illicit enrichment;
• Collect, store and verify asset declarations;
• Conduct training and awareness-raising activities on the fight against fraud, corruption, illicit enrichment and related crimes;
• Submit anti-corruption recommendations to the attention of public bodies and organisations, private sector companies and monitor their implementation.

The legal act also introduces liability for obstructing the OFNAC’s activities which is punishable by imprisonment between two and five years and a fine ranging between 5 million and 50 million XOF (roughly from 8,200 to 82,000 USD).

The Law also establishes a number of anti-corruption restrictions for the OFNAC’s members, including the restrictions to:

• Hold public positions if it can damage the OFNAC’s reputation or hamper its proper functioning;
• Participate in the discussion of issues concerning the natural persons with whom they have/had kinship, either blood or in-law, as well as the natural and legal persons to whom/which they are/were linked by other interests.

The adopted Law also provides for the increase in the term of office of the OFNAC’s President from three to five years with the possibility of one renewal.

Declaration of assets

Another legal act, Law of 12 February 2024 No. 2024-07 “On Declaration of Assets” (Loi n° 2024-07 du 09 février 2024 modifiant la loi n° 2014-17 du 02 avril 2014 relative à la déclaration de patrimoine), expands the list of persons obliged to file asset declarations by:

• President of the National Assembly (Assemblée nationale);
• President of the High Council of Territorial Communities (Haut Conseil des Collectivités Territoriales);
• President of the Economic, Social and Environmental Council (Conseil économique, social et environnemental);
• President of the Constitutional Council (Conseil constitutionnel);

• First President of the Supreme Court (Premier Président de la Cour suprême);
• Prosecutor-General under the Supreme Court (Procureur général);
• Members of the National Assembly;
• Members of the Government (membres du Gouvernement), other officials of the offices of the President, Prime Minister and the Secretariat-General of the Government, in particular, the Prime Minister, the Secretary-General of the Executive Office of the President, and the Secretary-General of the Government;
• Presidents of the Councils of Departments (département, a territorial entity in Senegal – editor’s note) and mayors provided that the budget of the territorial entities headed by them exceeds one billion XOF (roughly 1,600,000 USD);
• Ombudsman (Médiateur de la République);
• Heads of executive bodies, independent administrative bodies, public corporations and entities, other affiliated structures;
• Law Officer (Agent judiciaire de l'État, head of the State’s Judicial Agency empowered to defend the financial interests of the state - editor’s note);
• Accountants holding positions in public bodies (organisations) making transactions with the annual turnover exceeding one billion XOF.

The obligation to verify asset declarations and publish the lists of persons who properly disclose their assets is imposed on the OFNAC.

The Law on the declaration of assets also introduces liability measures for the failure to comply with the respective requirements, in particular:

• Submission of knowingly false or inaccurate information, deliberate concealment of certain assets is punished by imprisonment between six months and three years and a fine amounting as a minimum to the value of the respective assets;
• Failure to submit the declaration upon assuming office/termination is punished by imprisonment between six months and three years and a fine of 1/3 of the value of assets declared for the last time.