ANTI-TERRORISM ACT - Legal Affairs

1 LAWS OF TRINIDAD AND TOBAGOANTI- terrorism ACTCHAPTER 12:07 Act26 of 2005 Amended by2 of 201016 of 201114 of 201215 of 2014 Current Authorised Pages Pages Authorised (inclusive) by 1 12 .. 13 20 .. 21 40 .. 41 44 .. 45 62 .. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGOI ndex of Subsidiary LegislationPageFinancial Obligations (Financing of terrorism ) Regulations (LN 7/2011) 58 Note on RevisionThe pages of this Act bearing the notation 1/2015 are hereby authorised to beincluded in the Laws as from 5th January 2015 pursuant to an Order made under section 9 ofthe Law Revision Act (Chap.)

2 3:03).UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:073 LAWS OF TRINIDAD AND chapter 12:07 ANTI-TERRORISM ACTARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY1. Short IIOFFENCES3. Terrorist Provision of services for commission of terrorist Collection or provision of property to commit terrorist Use of property for commission of terrorist Arrangements for retention or control of terrorist Dealing with terrorist Soliciting or giving support for the commission of terrorist Harbouring of persons committing terrorist Provision of Recruitment of persons for terrorist Provision of instruction or training to persons committing terrorist Incitement, promotion or solicitation of property for the commissionof terrorist Providing facilities in support of terrorist IIICONVENTION OFFENCES16. Endangering the safety of maritime Bombing Protection of internationally protected Offences relating to fixed Offences with regard to nuclear matter or VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGO21.

3 Hoaxes involving noxious substances or things or explosives orother lethal Use of chemical, biological or nuclear IIIAFINANCING OF TERRORISM22A. Offence of financing of Special provisions for designated Certain procedures Listing of terrorist Reporting Identification of offence of financing of FIU may suspend certain IVINVESTIGATION OF OFFENCES23. Detention Power to gather Authority for Customer Information Monitoring VJURISDICTION AND TRIAL OF OFFENCES25. Jurisdiction of Trinidad and Tobago Extradition from Trinidad and Evidence by a VIINFORMATION SHARING, EXTRADITION ANDMUTUAL ASSISTANCE IN CRIMINAL MATTERS28. Exchange of information relating to terrorist Treaty to be used as basis for OF SECTIONS ContinuedSECTIONUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:075 LAWS OF TRINIDAD AND SECTION30. Treaty to be used as basis for Mutual Assistance in Criminal Offences under this Act not deemed to be offences of a political VIIDISCLOSURE AND SHARING INFORMATION32.

4 Duty to disclose information relating to offences and terrorist Duty to disclose information relating to property used forcommission of offences under this VIIISEIZURE AND FORFEITURE OF TERRORISTPROPERTY34. Application for restraint Orders for forfeiture of property on conviction for offences underthis Orders for seizure and restraint of Orders for forfeiture of Sharing of forfeited Seizure and detention of IXMISCELLANEOUS POWERS39. Duty to disclose information relating to passengers of aircraftand Power to refuse refugee Power to make Offences and VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGOCHAPTER 12:07 ANTI-TERRORISM ACTAn Act to criminalise terrorism and the financing ofterrorism, to provide for the detection, prevention,prosecution, conviction and punishment of terroristactivities and the confiscation, forfeiture and seizure ofterrorists assets and of those involved in the financingof terrorism and for related matters.

5 [13 THSEPTEMBER2005]PART Act may be cited as the ANTI-TERRORISM (1) In this Act Convention means any of the following Conventions:(a)Convention on Offences and certain Other Actscommitted on Board Aircraft, signed at Tokyoon 14th September 1963;(b)Convention for the Suppression of UnlawfulSeizure of Aircraft, done at The Hague on16th December 1970;(c)Convention for the Suppression of UnlawfulActs against the Safety of Civil Aviation, doneat Montreal on 23rd September 1971;(d)Convention on the Prevention and Punishmentof Crimes against Internationally ProtectedPersons, including Diplomatic Agents, adoptedby the General Assembly of the United Nationson 14th December 1973;(e)International Convention against the Taking ofHostages, adopted by the General Assemblyof the United Nations on 17th December 1979;(f)Convention on the Physical Protection of NuclearMaterial, adopted at Vienna on 3rd March 1980;26 of 2005.[2 of 2010]. [2 of 201016 of 201115 of 2014].UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:077 LAWS OF TRINIDAD AND (g)Protocol for the Suppression of Unlawful Actsof Violence at Airports Serving InternationalCivil Aviation, supplementary to theConvention for the Suppression of UnlawfulActs against the Safety of Civil Aviation, doneat Montreal on 24th February 1988;(h)Convention for the Suppression of UnlawfulActs against the Safety of Maritime Navigation,done at Rome on 10th March 1988;(i)Protocol for the Suppression of Unlawful Actsagainst the Safety of fixed Platforms located onthe continental shelf, done at Rome on 10thMarch 1988;(j)Convention on the Marking of PlasticExplosives for the Purposes of Detection,signed at Montreal on 1st March 1991;(k)International Convention for the Suppressionof Terrorist Bombings, adopted by theGeneral Assembly of the United Nations on15th December 1997.

6 (l)International Convention for the Suppressionof the Financing of terrorism , adopted by theGeneral Assembly of the United Nations on9th December 1999; explosive or other lethal device means (a)a weapon; or(b)an explosive or incendiary weapon,that is designed or has the capability to cause death, seriousbodily injury or substantial material damage; Financial Action Task Force means the task force establishedby the Group of Seven to develop and provide national andinternational policies to combat money laundering andterrorist financing; FIU means the Financial Intelligence Unit established undersection 3 of the Financial Intelligence Unit of Trinidad andTobago Act;Ch. 72 VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGO financial institution has the meaning assigned to it in theProceeds of Crime Act; Group of Seven means the meeting of Finance Ministers ofFrance, Italy, Germany, Japan, United Kingdom, UnitedStates and Canada formed in 1976; imprisonment for life in relation to an offender meansimprisonment for the remainder of the natural life ofthe offender; international organisation means an organisation constitutedby States to which its Member States have transferredcompetence over matters governed by a Convention of theUnited Nations; judge means a judge of the High Court of Trinidad and Tobago; Legal entity means a body corporate, foundation, partnership,association or other similar body that can establish apermanent customer relationship with a financial institutionor otherwise own property.

7 Listed business has the meaning assigned to it in section 2 ofthe Proceeds of Crime Act; listed entity means an entity declared to be a listed entity inaccordance with section 22B; master in relation to a vessel, means the owner or person(except a harbour master or pilot) having for the time beingcommand or charge of the vessel; Minister means the minister to whom responsibility fornational security is assigned; money means (a)bankers drafts;(b)coins and notes in any currency;(c)postal order;(d)travellers cheques; and(e)any other kind of monetary instrument specifiedby Order by the Minister with responsibilityfor finance;Ch. 11 11 VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:079 LAWS OF TRINIDAD AND non-profit organisation means a Legal entity or organisationthat primarily engages in raising or disbursing funds forpurposes such as charitable, religious, cultural, educational,social or fraternal purposes or for the carrying out of othertypes of philanthropic work; operator in relation to an aircraft, means the owner or personfor the time being in charge or command or control ofthe aircraft.

8 Property or funds means assets of any kind, whether tangibleor intangible, moveable or immovable, however acquiredand Legal documents or instruments in any form, includingelectronic or digital, evidencing title to, or interest in, suchassets, including but not limited to bank credits, travellerscheques, bank cheques, money orders, shares, securities,bonds, drafts, letters of credit whether situated in Trinidadand Tobago or elsewhere, and includes a Legal or equitableinterest, whether full or partial, in any such property; terrorist includes a person who (a)commits a terrorist act by any means directly orindirectly, unlawfully and wilfully;(b)participates as an accomplice in terrorist acts orthe financing of terrorism ;(c)organises or directs others to commit terroristacts or the financing of terrorism ; or(d)contributes to the commission of terrorists actsor the financing of terrorism by a group ofpersons acting with a common purpose wherethe contribution (i) is made intentionally and with theaim of furthering the terrorist act orthe financing of terrorism ; or(ii) with the knowledge of the intention of thegroup of persons to commit the terroristact or the financing of terrorism ;UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGO terrorist act means (a)an act whether committed in or outside ofTrinidad and Tobago which causes or is likelyto cause (i) loss of human life or serious bodily harm;(ii) damage to property.

9 Or(iii) prejudice to national security ordisruption of public safety includingdisruption in the provision of emergencyservices or to any computer or electronicsystem or to the provision of servicesdirectly related to banking, communications,infrastructure, financial services, publicutilities, transportation or other essentialinfrastructure, and is intended to (iv) compel a government or an internationalorganisation to do or refrain from doingany act; or(v) intimidate the public or a section ofthe public, for the purpose of advancing a political,ideological or a religious cause;(b)an offence under any of the Conventions; or(c)an offence under Part II, Part III or section 22 Aof this Act; terrorist organisation means a Legal entity or group ofterrorists that (a)commits a terrorist act by any means, directly orindirectly, unlawfully and wilfully; (b)participates as an accomplice in terrorist acts orthe financing of terrorism ;(c)organises or directs others to commit terroristacts or the financing of terrorism ; orUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:0711 LAWS OF TRINIDAD AND (d)contributes to the commission of terrorists actsor the financing of terrorism by a group ofpersons acting with a common purpose wherethe contribution is made intentionally and withthe aim of furthering the terrorist act or thefinancing of terrorism with the knowledge ofthe intention of the group to commit the terroristact or the financing of terrorism ; terrorist property means (a)proceeds from the commission of a terrorist act;(b)property which has been, is being, or is likely tobe used to commit a terrorist act;(c)property which has been collected for thepurpose of funding a terrorist act or terroristorganisation; or(d)property belonging to a terrorist or terroristorganisation.

10 Vessel means any thing made or adapted for the conveyance bywater, of people or property; weapon includes a firearm, explosive, chemical, biological ornuclear weapon.(2) An act which (a)causes death or serious bodily harm to aperson taking active part in armed conflict inaccordance with the applicable rules ofinternational law; or(b)disrupts any service and is committed inpursuance of a demonstration, protest orstoppage of work and is not intended to result inany harm referred to in paragraph (a)of thedefinition of terrorist act ,shall not be considered a terrorist IIOFFENCES3.(1) Any person who participates in the commission of aterrorist act commits an offence and is liable on conviction onindictment to imprisonment for twenty-five act.[2 of 2010].UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 12:07 anti -TerrorismLAWS OF TRINIDAD AND TOBAGO(2) When a terrorist act involves the commission of acrime under some other law, the person committing it shall beliable to be punished for that crime as well as for the offencecreated by subsection (1), and any term of imprisonmentimposed in respect of such crime shall run consecutively to thatimposed under subsection (1).