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In this Act, unless the context otherwise requires,

“authorised officer” means an officer of the Office, a police officer or any other public officer authorised by law to exercise police powers;

“Board” means the governing body of the Office;

“communication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature through any communication or computer system;

“ competent authorities” include law enforcement institutions, the Financial Intelligence Centre, Economic and Organised Crime Office, Prosecutions Division of the Attorney- General’s Office and other relevant public institutions that the Office may determine;

“confiscation” means the permanent deprivation of property by order of a competent authority or Court;

“corruption and corruption-related offences” means offences under

(a) sections 146, 151, 179C, 239, 252, 253, 254, 256, 258 and 260 of the Criminal Offences Act, 1960 (Act 29);

(b) section 92 (2) of the Public Procurement Act, 2003 (Act 663); and

(c) existent offences under enactments arising out of or consequent to offences referred to in paragraphs (a) and (b);

“Court” means High Court or Circuit Court;

“ courier service” means a service for the receipt and delivery of correspondence, items of value or both, such as parcels and packets, for which a postage stamp is not required;

“deriving benefit” means benefit derived or obtained by a person or otherwise accruing to another person at the request or direction of the first person;

“gift" includes a transfer of property by a person to another person directly or indirectly before or after the commission of corruption or corruption-related offence by the first person for a consideration the value of Which is significantly less than the value of the consideration provided by the first person, and to the extent of the difference between the market value of the property transferred and the consideration provided by the transferee;

“institution of relevance” means the institutions that provide intelligence or support in the investigation or prosecution of cases or forfeiture of assets but does not include the Court;

“interest” in relation to property, means

(a) a legal or equitable estate or interest in the property, or

(b) a right, power or privilege in connection with the property;

“living expenses” include provision for food, clothing, utilities, school fees and medical expenses;

“majority of all the members of Parliament” means more than one-half of all the members of Parliament;

“Minister” means the Minister responsible for Justice;

“Office” means the Office of the Special Prosecutor established under section 1;

“pecuniary penalty” means monetary fine imposed and collected by a court of competent jurisdiction;

“police officer” means a policeman who is not below the rank of Assistant Superintendent of Police;

“politically exposed person” includes

(a) a person who is or has been entrusted with a prominent public function in this country, a foreign country or an international organisation including

(i) a senior political party official, government, judicial or military official;

(ii) a person who is or has been an executive in a foreign country of a state owned company;

(iii) a senior political party official in a foreign country; and

(b) an immediate family member or close associate of a person referred to in paragraph (a);

“post” means a system for the collection, despatch or conveyance of postal articles;

“postal articles” include letters, postcards, reply postcards, lettercards, newspapers, books, packets, printed paper, pattern or sample packet, small packet or parcel and every other packet article when in course of conveyance by post and includes a telegram when conveyed by post;

“postal service” means any service licensed to be rendered under the Postal and Courier Services Regulatory Commission Act, 2003 (Act 649);

“premises” includes any house, building, structure, tent, caravan, ship, boat, aircraft and mechanically propelled vehicle;

“property” means assets of any kind situated in the country or elsewhere whether movable or immovable, tangible or intangible, legal documents and instruments evidencing title of interest in the assets;

“property of or in the possession or control of a person” includes a gift made by that person;

“public institution” means a body set up by the Government in the public interest with or without an Act of Parliament;

“public debt” means expenditure incurred from the Consolidated Fund, Contingency Fund and other funds established by or under an Act of Parliament;

“public office" includes an office the emoluments attached to which are paid directly from the Consolidated Fund or directly out of moneys provided by Parliament and an office in a public corporation established entirely out of public funds or moneys provided by Parliament;

“public officer” means a person who holds a public office;

“realisable property” includes

(a) property held by a defendant who has directly or indirectly made a gift caught by this Act,

(b) property held by a person to whom a defendant has directly or indirectly made a gift caught by this Act, and

(c) currency;

“record” means recorded information regardless of form or medium created, received and maintained by any institution or individual in the pursuance of the legal obligations or transactions of the institution or individual;

“Republic” means the Republic of Ghana;

“respondent” means the person who is the subject of an application for a confiscation order or pecuniary penalty order;

“security agency” includes the police, Customs Division of the Ghana Revenue Authority, the Immigration Service and the Bureau of National Investigations;

“seizure” means the temporary prohibition of the transfer, conversion, disposition or movement of property or the temporary assumption of the custody or control of property on the basis of a Court order;

“Special Prosecutor” means the person appointed as the Special Prosecutor under section 13;

“tainted property” means property

(a) used in connection with the commission of an offence; or

(b) derived, obtained or realised as a result of the commission of a corruption or corruption-related offence;

“trust” includes an executorship, administratorshjp, guardianship, of children or the office, committee or receiver of the estate of a person with mental disorder or a person incapable of managing that person’s own affairs, a charitable trust, family trust and an organisation; and

“witness” means a person who needs protection from a threat or risk which exists on account of being a person who

(a) has given or agreed to give, evidence on behalf of the State in proceedings for corruption or corruption- related offence under this Act; or

(b) has made a statement to

(i) an authorised officer or a police officer; or

                     (ii) a competent authority, in relation to a corruption or corruption-related offence under this Act.