The shortcomings of anti-corruption measures: Kuwait’s financial disclosure system

Purpose - The paper aims to critically evaluate the legal provisions related to Kuwait’s financial disclosure system and whether its anti-corruption measures are sufficient. The hypothesis supposes that there is a possible correlation between Kuwait’s laws and regulations and the disclosure system’s failure to detect illicit enrichment crimes. Design/methodology/approach - This doctrinal and reform-oriented study examined Kuwait’s procedures for assessing public officials’ financial statements and the laws regulating illicit enrichment crimes. The content analysis explored criminal courts’ judgements of these illicit enrichment cases. Findings - Although the disclosure system’s primary role is to detect illicit wealth, the findings suggest that it fails to achieve its primary objective. The findings also highlight the system’s major challenges to suggest possible reforms. Research limitations/implications - A comprehensive evaluation of the legal provisions within Kuwait’s disclosure system is beyond the scope. To improve the system’s effectiveness, adopting an accessible online platform on which filers can submit their disclosure statements and follow up with a verification process is recommended. Also, requiring interested individuals to physically visit a location where the disclosure information is held can balance protecting officials’ privacy/security and offering individuals the ability to verify the declared information. Originality/value - To the best of the author’s knowledge, this study is the first to research the possible correlation between the issues in the Kuwaiti disclosure system’s legal provisions and its failure to detect illicit enrichment during major criminal scandals. It is also the first to analyse these legal provisions and present a critical evaluation of their shortcomings.