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  • The Major Organised Crime and Anti-Corruption Agency (Code of Conduct and Disciplinary Procedure) Regulations 2020 was passed in the Senate on March 27.
  • The Regulations now give effect to the provisions of the MOCA Act, which include the establishment of MOCA as a statutory law-enforcement agency with operational independence and authority.
  • Piloting the Regulations, Minister without Portfolio in the Ministry of National Security, Senator the Hon. Matthew Samuda, said the Code of Conduct is important in establishing clear guidelines for officers and its enforcement.

The Major Organised Crime and Anti-Corruption Agency (Code of Conduct and Disciplinary Procedure) Regulations 2020 was passed in the Senate on March 27.

The Regulations now give effect to the provisions of the MOCA Act, which include the establishment of MOCA as a statutory law-enforcement agency with operational independence and authority.

Piloting the Regulations, Minister without Portfolio in the Ministry of National Security, Senator the Hon. Matthew Samuda, said the Code of Conduct is important in establishing clear guidelines for officers and its enforcement.

“The establishment of the Code of Conduct is a timely reminder that those involved in law enforcement hold a position of public trust and ought to operate with the highest degree of integrity, professionalism, ethical conduct, and a professional image at all times,” he said.

The key provisions outlined in the Regulations include a code of conduct, disciplinary procedures, sanctions and an appeal process.

It provides for the establishment of a Code of Conduct and responsibilities of officers in relation to the Code of Conduct, official duties of an officer, responsibilities of senior officers, deportment, conflict of interest, financial disclosure by an officer, non-participation in investigation or prosecution of a matter. Officers will be held accountable for any contravention.

Other provisions are use of official position with the Agency for private gain, participation in demonstrations, participation in political campaigns, and confidentiality and information security.

Also included in the regulations is the prohibition of officers from participating in demonstrations and political campaigns.

The regulations also outline disciplinary procedures and sanctions for officers found guilty of misconduct. There is also an appeal process.

MOCA will be dedicated to combatting serious crimes, in collaboration with other local and foreign law-enforcement agencies and strategic partners.

The Agency will have a dedicated and specialised team that will investigate and prosecute the complex cases that are characteristic of organised criminal networks.

Providing details on the Agency’s operations, Senator Samuda said in 2015, the agency carried out 122 investigations, facilitated 268 arrests and 38 convictions. He noted that since 2016, a total of 427, mainly intelligence-driven, operations have been conducted, which have, in great part, resulted in 321 arrests, 275 charges and 157 convictions.

He said 121 persons were arrested for lottery scamming activities, resulting in 105 being charged under the Law Reform (Fraudulent Transactions) (Special Provisions) Act (or Lottery Scamming Act).

“MOCA, in conjunction with local partner agencies, the Financial Investigative Division (FID) and the Revenue Protection Division (RPD), has forfeited assets valued $56.4 million,” Senator Samuda said.

He added, as well, that local partnerships have also led to the restraint of assets valuing some $746 million and the pending restraint of $1.2 billion in assets.

“These restraints have resulted from notable cases against corrupt public officials and major organised criminal groups,” he said.

The Major Organised Crime and Anti-Corruption (MOCA) Act was passed in 2018. The agency was created through the amalgamation of the Major Organised Crime and Anti-Corruption Task Force and the Anti-Corruption Branch of the Jamaica Constabulary Force in August 2014.

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