The Consolidated Anti-Terrorism Act and Regulations, Chapter 12:07 (Unofficial Version)

LAWS OF TRINIDAD AND TOBAGO
ANTI-TERRORISM ACT
CHAPTER 12:07
Act
Amended by
*(See Note on page 2)
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–86
UNOFFICIAL VERSION
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UPDATED TO OCTOBER 30TH 2020
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Index of Subsidiary Legislation
Page
Financial Obligations (Financing of Terrorism) Regulations (LN 7/2011) 82 Note on Revision The pages of this Act bearing the notation L.R.O. 1/2015 are hereby authorised to be included in the Laws as from 5th January 2015 pursuant to an Order made under section 9 of the Law Revision Act (Chap. 3:03). Note on Act No. 13 of 2018 Amendments made to this Act by Act No. 13 of 2018 took effect on 20th August 2018, by LN 121/2018. Note on Act No. 7 of 2019 Amendments made to this Act by Act No. 7 of 2019 took effect on 14th June 2019, by LN 115/2019. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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CHAPTER 12:07
ANTI-TERRORISM ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY

Short title.
Interpretation.
2A. Application of Parts II, III, and IIIA.
PART II
OFFENCES
Terrorist act.
Provision of services for commission of terrorist acts.
Collection or provision of property to commit terrorist acts.
Use of property for commission of terrorist acts.
Arrangements for retention or control of terrorist property.
Dealing with terrorist property.
Soliciting or giving support for the commission of terrorist acts.
Harbouring of persons committing terrorist acts.
Provision of devices.
Recruitment of persons for terrorist purposes.
12A. Joining a terrorist organisation.
Provision of instruction or training to persons committing terrorist acts.
13A. Attending or receiving training to commit a terrorist act.
Incitement, promotion or solicitation of property for the commission
of terrorist acts.
Providing facilities in support of terrorist acts.
15A. Travelling for the purpose of committing a terrorist act. 15B. Minister to designate geographical areas. 15C. Notice of travel to Declared Geographical Area. 15D. Notice of travel with a child to Declared Geographical Area. 15E. Duty of parent, guardian or custodian of child to notify police. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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PART III
CONVENTION OFFENCES
15F. Threats to commit offences under Part III. 15G. Taking of preparatory steps an offence. 15H. Coercing or encouraging a person to commit an offence.
16. Endangering the safety of maritime navigation.
17. Bombing offences.
18. Protection of internationally protected persons.
19. Offences relating to fixed platforms.
20. Offences with regard to nuclear matter or facilities.
21. Hoaxes involving noxious substances or things or explosives or
other lethal material.
22. Use of chemical, biological or nuclear weapons.
PART IIIA
FINANCING OF TERRORISM
22A. Offence of financing of terrorism.
22AA. Special provisions for designated entities. 22AB. Certain procedures apply. 22B. Listing of terrorist entities. 22BA. Considerations for listed entities. 22BB. Considerations for designated entities. 22BC. Power to search to determine compliance. 22BD. Attorney General to propose names to the UNSC. 22BE. Attorney General to receive requests for declaration of a listed entity. 22C. Reporting requirements. 22D. Identification of offence of financing of terrorism. 22E. FIU may suspend certain transactions.
PART IV
INVESTIGATION OF OFFENCES
23. Detention orders.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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SECTION
24. Power to gather information.
24A. Authority for search.
24B. Customer Information order.
24C. Monitoring order.
PART V
JURISDICTION AND TRIAL OF OFFENCES
25. Jurisdiction of Trinidad and Tobago Courts.
26. Extradition from Trinidad and Tobago.
27. Evidence by a certificate.
PART VI
INFORMATION SHARING, EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS
28. Exchange of information relating to terrorist acts.
29. Treaty to be used as basis for extradition.
30. Treaty to be used as basis for Mutual Assistance in Criminal Matters.
31. Offences under this Act not deemed to be offences of a political character.
PART VII
DISCLOSURE AND SHARING INFORMATION
32. Duty to disclose information relating to offences and terrorist acts.
33. Duty to disclose information relating to property used for
commission of offences under this Act.
PART VIII
SEIZURE AND FORFEITURE OF TERRORIST PROPERTY
34. Application for restraint Order.
35. Orders for forfeiture of property on conviction for offences under
this Act.
36. Orders for seizure and restraint of property.
37. Orders for forfeiture of property.
38. Sharing of forfeited property.
38A. Seizure and detention of cash.
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[Subsidiary]
PART IIA
THE ANTI-TERRORISM UNIT
38B. Establishment of the Anti-Terrorism Unit.
38C. Annual Report.
PART IX
MISCELLANEOUS POWERS
39. Duty to disclose information relating to passengers of aircraft
and vessels.
40. Power to refuse refugee application.
41. Power to make Regulations.
42. Offences and penalties.
43. Annual report.
SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Anti-Terrorism Chap. 12:07 7
CHAPTER 12:07
ANTI-TERRORISM ACT
An Act to criminalise terrorism and the financing of terrorism, to provide for the detection, prevention, prosecution, conviction and punishment of terrorist activities and the confiscation, forfeiture and seizure of terrorists’ assets and of those involved in the financing of terrorism and for related matters. [13TH SEPTEMBER 2005]
PART I
PRELIMINARY

This Act may be cited as the Anti-Terrorism Act.
(1) In this Act—
“1267, 1989 and 2253 Committee” means the Committee established by the United Nations Security Council pursuant to United Nations Security Council Resolutions 1267 (1999), 1989 (2011) and 2253 (2015); “1988 Committee” means the Sanctions Committee established by the United Nations pursuant to Article 30 of United Nations Security Council Resolution 1988 (2011); “1988 List” means the Sanctions List prepared by the 1988 Committee; “bearer negotiable instrument” includes— (a) a monetary instrument such as a travellers’ cheque, negotiable instrument including a cheque, promissory note and money order that is either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes or payment is made upon delivery; or (b) an incomplete instrument including a cheque, promissory note and money order signed, but with the payee’s name omitted; 26 of 2005. [2 of 2010]. Commencement. Short title. Interpretation. [2 of 2010 7 of 2019]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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“cash” includes coins and notes in any currency, postal orders, cheques of any kind including travellers’ cheques, bankers’ drafts, bearer bonds, bearer shares and bearer negotiable instruments and other bearer negotiable instruments in any currency; “Central Authority” means the person or authority designated as the Central Authority for Trinidad and Tobago in pursuance of
section 3 of the Mutual Assistance in Criminal Matters Act;
“child” has the meaning assigned to it under section 3 of the Family and Children Division Act, 2016; “computer” means a device or group of interconnected or related devices which follows a program or external instruction to perform automatic processing of information or electronic data; “Convention” means any of the following Conventions:
(a) Convention on Offences and certain Other Acts committed on Board Aircraft, signed at Tokyo on 14th September 1963; (b) Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16th December 1970; (c) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23rd September 1971; (d) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14th December 1973; (e) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17th December 1979; (f) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3rd March 1980; (g) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24th February 1988; (h) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10th March 1988; (i) Protocol for the Suppression of Unlawful Acts against the Safety of fixed Platforms located on the continental shelf, done at Rome on 10th March 1988; (j) Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal on 1st March 1991; (k) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15th December 1997; (l) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9th December 1999; “declared geographical area” means an area designated by the Minister in accordance with section 15B; “designated entity” means an individual or entity and their associates designated as terrorist entities by the Security Council of the United Nations, the 1267, 1989 and 2253 Committee or the 1988 Committee; “Director of Public Prosecutions” means the Director of Public Prosecutions of Trinidad and Tobago or any person assigned by him for the purpose of this Act; “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, serious bodily injury or substantial material damage; Anti-Terrorism Chap. 12:07 9 Ch. 11:24 UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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“Financial Action Task Force” means the task force established by the Group of Seven to develop and provide national and international policies to combat money laundering and terrorist financing; “financial institution” has the meaning assigned to it in the Proceeds of Crime Act; “FIU” means the Financial Intelligence Unit established under
section 3 of the Financial Intelligence Unit of Trinidad and
Tobago Act;
“foreign terrorist fighter” means an individual who commits an offence under section 15A; “Group of Seven” means the meeting of Finance Ministers of France, Italy, Germany, Japan, United Kingdom, United States and Canada formed in 1976; “imprisonment for life” in relation to an offender means imprisonment for the remainder of the natural life of the offender; “international organisation” means an organisation constituted by States to which its Member States have transferred competence over matters governed by a Convention of the United 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 a permanent customer relationship with a financial institution or otherwise own property; “listed business” has the meaning assigned to it in section 2 of the Proceeds of Crime Act; “listed entity” means an entity declared to be a listed entity in accordance with section 22B; “master”, in relation to a vessel, means the owner or person (except a harbour master or pilot) having for the time being command or charge of the vessel; “Minister” means the minister to whom responsibility for national security is assigned; Ch. 72:01. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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“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 specified by Order by the Minister with responsibility for finance; “non-profit organisation” has the meaning assigned to it in the Non-Profit Organisations Act, 2019; “operator” in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft; “property” or “funds” means assets of any kind, whether tangible or intangible, moveable or immovable, however acquired and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to bank credits, payment cards, payment instruments, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit whether situated in Trinidad and Tobago or elsewhere, and includes a legal or equitable interest, whether full or partial, in any such property, precious metals, oil and other natural resources and their refined products, modular refineries and related material and other economic resources which may be used to obtain funds, goods or services; “Resolution 1267 (1999), 1989 (2011) and 2253 (2015) List” means the Sanctions List prepared by the 1267, 1989 and 2253 Committee; “Seized Assets Fund” means the Seized Assets Fund established under section 58(1) of the Proceeds of Crime Act; Ch. 11:27. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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“terrorist” includes a person who— (a) commits a terrorist act by any means directly or indirectly, unlawfully and wilfully; (b) participates as an accomplice in terrorist acts or the financing of terrorism; (c) organises or directs others to commit terrorist acts or the financing of terrorism; or (d) contributes to the commission of terrorists acts or the financing of terrorism by an individual or a group of persons acting with a common purpose where the contribution is made intentionally— (i) with the aim of furthering the terrorist acts or the financing of terrorism; or (ii) with the knowledge of the intention of the individual or group of persons to commit the terrorist act or the financing of terrorism; “terrorist act” means an act which constitutes an offence under
Part II, Part III or Part IIIA;
“terrorist organisation” means a legal entity or group of terrorists that— (a) commits a terrorist act by any means, directly or indirectly, unlawfully and wilfully; (b) participates as an accomplice in terrorist acts or the financing of terrorism; (c) organises or directs others to commit terrorist acts or the financing of terrorism; or (d) contributes to the commission of terrorists acts or the financing of terrorism by an individual or a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. terrorist act or the financing of terrorism with the knowledge of the intention of the group to commit the terrorist act 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 to be used to commit a terrorist act; (c) property which has been collected for the purpose of funding a terrorist act or terrorist organisation; or (d) property belonging to a terrorist or terrorist organisation; “vessel” means any thing made or adapted for the conveyance by water, of people or property; “weapon” includes— (a) a firearm under section 2 of the Firearms Act; (b) a prohibited weapon under section 2 of the Firearms Act; (c) any article made or adapted for use for causing injury to a person or property or intended by a person for use by him or another person for that purpose; (d) an explosive weapon; (e) a chemical weapon; (f) a biological weapon; or (g) a nuclear weapon. 2A. Parts II, III and IIIA apply whether or not an offence is committed inside or outside of Trinidad and Tobago.
PART II
OFFENCES
3. (1) A person who—
(a) with the intent to compel a government or an international organisation to do or refrain from Ch. 16:01. Application of Parts II, III and IIIA. [13 of 2018]. Terrorist act. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO doing any act or intimidates the public or a
section of the public, for the purpose of
advancing a political, ideological or a religious cause, does any act which he intends to cause, creates the likelihood of causing, or is likely to cause— (i) loss of human life or serious bodily harm; (ii) substantial damage to property; (iii) the endangerment of a person’s life, other than the life of the person taking the action; (iv) the creation of a serious risk to the health or safety of the public or a section of the public; or (v) prejudice to national security or disruption of public safety including disruption— (A) in the provision of emergency services; (B) to any computer or electronic system; or (C) to the provision of services directly related to banking, communications, infrastructure, financial services, public utilities, transportation or other essential infrastructure; (b) threatens to commit an act referred to in this Part; (c) takes any preparatory steps for the purpose of committing an act under this Part; or (d) coerces, encourages, entices, or incites another person to commit an offence under this Part, commits the offence of committing a terrorist act and is liable, where no other penalty is specified, on conviction on indictment to a fine of twenty-five million dollars and imprisonment for twenty-five years. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(2) When a terrorist act involves the commission of a crime under some other law, the person committing it shall be liable to be punished for that crime as well as for the offence created by subsection (1), and any term of imprisonment imposed in respect of such crime shall run consecutively to that imposed under subsection (1). (3) This section shall not apply to–– (a) an act which causes death or serious bodily harm to a person taking active part in armed conflict in accordance with the applicable rules of international law; or (b) an act committed in pursuance of a demonstration, protest or stoppage of work that is not intended to result in any harm referred to in subsection (1).
4. (1) A person who knowingly and without lawful
excuse, directly or indirectly, provides or makes available financial or other related services, with the intention or knowledge of it being used, in whole or in part–– (a) for the purpose of committing or facilitating the commission of a terrorist act; (b) by a terrorist; (c) by a terrorist organisation; (d) by a listed entity; or (e) by a person or entity acting on behalf of, or at the direction of a listed entity, commits an offence. (2) Where an individual commits an offence under subsection (1), he shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. Provision of services for commission of terrorist acts. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(3) Where a body corporate commits an offence under subsection (1), it shall be liable on conviction on indictment to a fine of thirty million dollars. (4) A director or officer of a body corporate who knowingly and without lawful excuse, authorises, acquiesces in, or permits the commission of an offence under this section— (a) for the benefit of the body corporate; or (b) which results in the body corporate being used as a vehicle for the commission of an offence under this section, commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years and the Court may proprio motu, exercise its power under section 69 of the Companies Act to order the individual to not be a director of the company, or be in any way directly or indirectly concerned with the management of the company for a period of time. (5) Where a body corporate has been convicted of an offence under this section, the Court shall have the power to –– (a) revoke business licences; (b) order that the body corporate be wound up; (c) forfeit the assets and property of the body corporate to the State who shall deal with it in accordance with Part III of the Proceeds of Crime Act; and (d) prohibit the body corporate from performing any further activities. (6) Notwithstanding subsection (1), a person does not commit an offence where he provides or makes available financial or other related services in accordance with an order made under section 22B.
5. (1) A person who, knowingly and without lawful
excuse, directly or indirectly collects, provides or makes Ch. 81:01. Ch. 11:27. Collection or provision of property to commit terrorist acts. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. available property with the intention or knowledge of it being used— (a) to commit a terrorist act; (b) by a terrorist; (c) by a terrorist organisation; (d) by a listed entity; or (e) by a person or entity acting on behalf of, or at the direction of, a listed entity, commits an offence. (2) Where an individual commits an offence under subsection (1), he shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. (3) Where a body corporate commits an offence under subsection (1), it shall be liable on conviction on indictment to a fine of thirty million dollars. (4) A director or officer of a body corporate who, knowingly and without lawful excuse, authorises, acquiesces in, or permits the commission of an offence under this section— (a) for the benefit of the body corporate; or (b) which results in the body corporate being used as a vehicle for the commission of an offence under this section, commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years and the Court may, proprio motu, exercise its power under section 69 of the Companies Act to order the individual to not be a director of the company, or be in any way directly or indirectly concerned with the management of the company for a period of time. (5) Where a body corporate has been convicted of an offence under this section, the Court shall have the power to–– (a) revoke business licences; (b) order that the body corporate be wound up; Ch. 81:01. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(c) forfeit the assets and property of the body corporate to the State who shall deal with it in accordance with Part III of the Proceeds of Crime Act; and (d) prohibit the body corporate from performing any further activities. (6) Notwithstanding subsection (1), a person does not commit an offence where he provides or makes available property in accordance with an order made under section 22B.
6. A person who, knowingly and without lawful excuse—
(a) uses property, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act; or (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
7. Any person who knowingly and without lawful excuse,
becomes concerned in or enters into an arrangement which facilitates the acquisition, control or retention of terrorist property by or on behalf of another person commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
8. Any person who, knowingly and without lawful
excuse—
(a) acquires or possesses terrorist property; (b) conceals, converts or disguises terrorist property; Ch. 11:27. Use of property for commission of terrorist acts. [13 of 2018]. Arrangements for retention or control of terrorist property. [13 of 2018]. Dealing with terrorist property. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(c) deals directly or indirectly with any terrorist property; or (d) enters into or facilitates directly or indirectly any transaction in relation to terrorist property, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
9. (1) Any person who knowingly and without lawful
excuse, supports or solicits support for— (a) the commission of a terrorist act; (b) a terrorist; (c) a terrorist organisation; or (d) a listed entity, commits an offence. (2) Where an individual commits an offence under subsection (1), he shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. (3) Where a body corporate commits an offence under subsection (1), it shall be liable on conviction on indictment to a fine of thirty million dollars. (4) A director or officer of a body corporate who knowingly and without lawful excuse, authorises, acquiesces in, or permits the commission of an offence under this section— (a) for the benefit of the body corporate; or (b) which results in the body corporate being used as a vehicle for the commission of an offence under this section, commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years and the Court may, proprio motu, exercise its power under section 69 of the Companies Act to order the individual to not be a director of the company, or be in any way directly or indirectly concerned with the management of the company for a period of time. Soliciting or giving support for the commission of terrorist acts. [13 of 2018]. Ch. 81:01. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(5) Where a body corporate has been convicted of an offence under this section, the Court shall have the power to –– (a) revoke business licences; (b) order that the body corporate be wound up; (c) forfeit the assets and properties of the body corporate to the State who shall deal with it in accordance with Part III of the Proceeds of Crime Act; and (d) prohibit the body corporate from performing any further activities. (6) Notwithstanding subsection (1), a person does not commit an offence where he does any act in accordance with an order made under section 22B. (7) For the purposes of subsection (1), “support” includes but is not limited to— (a) an offer to provide or the provision of expertise or a skill; (b) an offer to provide or the provision of documents; and (c) entering or remaining in any country, for the purpose of committing or facilitating a terrorist act.
10. Any person who, knowingly and without lawful excuse,
conceals or harbours another person or hinders, interferes with or prevents the apprehension of, any other person having reason to believe or knowing that that other person has committed, is planning or is likely to commit a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twentyfive years.
11. A person who, knowingly and without lawful excuse,
offers to provide, or provides any explosive or other lethal device for the purpose of committing or facilitating a terrorist act commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. Harbouring of persons committing terrorist acts. [13 of 2018]. Provision of devices. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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12. A person who, knowingly and without lawful excuse,
agrees to recruit or recruits—
(a) a person to participate in the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years; or (b) a child to participate in the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of thirty million dollars and to imprisonment for thirty years. 12A. A person who, knowingly and without lawful excuse, joins a terrorist organisation commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
13. (1) Any person who, knowingly and without lawful
excuse, agrees to provide instruction or training or provides instruction or training in— (a) carrying out a terrorist act; (b) the making or use of any explosive, weapon or other lethal device; or (c) the practice of military exercises or movements, to a person engaging in or preparing to engage in the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. (2) Any person who, knowingly and without lawful excuse, agrees to provide instruction or training or provides instruction or training in— (a) carrying out a terrorist act; (b) the making or use of any explosive, weapon or other lethal device; or (c) the practice of military exercises or movements, to a child, for the purpose of engaging in or preparing to engage in the commission of a terrorist act, commits an offence and Recruitment of persons for terrorist purposes. [13 of 2018]. Joining a terrorist organisation. [13 of 2018]. Provision of instruction or training to persons committing terrorist acts. [13 of 2018] . UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

22 Chap. 12:07 Anti-Terrorism
LAWS OF TRINIDAD AND TOBAGO shall, on conviction on indictment, be liable to a fine of thirty million dollars and to imprisonment for thirty years. 13A. (1) A person who, knowingly and without lawful excuse, attends or receives any instruction or training in–– (a) the making or use of any explosive, weapon or other lethal device; or (b) the practice of military exercises or movements, whether in person or through electronic or other means, for the purposes of carrying out a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. (2) A person who, knowingly and without lawful excuse, attends or receives any instruction or training from a terrorist or a terrorist organisation, whether in person or through electronic or other means, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
14. (1) A person who, knowingly and without lawful excuse,
incites or promotes the commission of a terrorist act, or solicits property for the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twentyfive years. (2) A person who, knowingly and without lawful excuse, incites a child to commit a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of thirty million dollars and to imprisonment for thirty years.
15. Any person who, knowingly and without lawful excuse,
being the—
(a) agent, charterer, lessee, master, operator or owner in charge of a vessel permits that vessel to be used; Attending or receiving training to commit a terrorist act. [13 of 2018]. Incitement, promotion or solicitation of property for the commission of terrorist acts. [13 of 2018]. Providing facilities in support of terrorist acts. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) agent, charterer, lessee, operator, owner or pilot in charge of an aircraft permits that aircraft to be used; (c) lessee, occupier, owner or person in charge of any place or premises permits a meeting to be held in that place or building; or (d) lessee, owner or person in charge of any equipment or facility that may be used for conferencing, recording of meetings through the use of technological means permits the equipment or facility to be used, to facilitate the commission of an offence under this Act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. 15A. (1) A person who, knowingly and without lawful excuse, travels for the purpose of— (a) planning a terrorist act; (b) committing a terrorist act; (c) supporting a terrorist act; or (d) facilitating the commission of a terrorist act, commits an offence and shall, on conviction on indictment, be liable to a fine of twenty-five million dollars and to imprisonment for twenty-five years. (2) A person who commits an offence under subsection (1) shall be deemed to be a foreign terrorist fighter. (3) For the purposes of this section, “support” includes but is not limited to— (a) an offer to provide or the provision of expertise or a skill; (b) an offer to provide or the provision of documents; and (c) entering or remaining in any country, for the purpose of committing or facilitating a terrorist act. Travelling for the purpose of committing a terrorist act. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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15B. (1) The Minister may for the purposes of this section, by Order, subject to negative resolution of Parliament, designate a geographical area in a foreign country as a “Declared Geographical Area” if he is satisfied that a listed entity is engaging in terrorist acts in that geographical area of the foreign country. (2) The Minister shall, prior to making a designation under subsection (1), inform the Leader of the Opposition in writing of the proposed designation of that geographical area of the foreign country. (3) The Minister shall cause an Order made under subsection (1)— (a) to be published— (i) in the Gazette; (ii) once a week, for at least two weeks, in at least two newspapers in daily circulation in Trinidad and Tobago; (iii) on the website of the Ministries with responsibility for— (A) national security; (B) foreign affairs; and (C) CARICOM affairs; (iv) on the website of the office of the Attorney General; (v) at all offices of the Ministries with responsibility for— (A) national security; (B) foreign affairs; and (C) CARICOM affairs; (vi) at all offices of the Attorney General; and (vii) at each port of entry; and (b) to be forwarded to the Commissioner of Police. (4) An Order made under this section shall include a provision that notifies persons who intend to travel or have travelled to a Declared Geographical Area, that they are required Minister to designate geographical areas. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. to inform the Commissioner of Police in accordance with
section 15C or 15D.
(5) Notwithstanding subsection (1), the Minister shall not designate an entire country as a Declared Geographical Area.
6) Where the Minister is satisfied that a Declared
Geographical Area no longer meets the criteria for declaration, he shall revoke the Order made under subsection (1). (7) An Order made under subsection (1) shall cease to have effect on the third anniversary of the day on which it takes effect. (8) Subsection (7) shall not affect the power of the Minister to— (a) revoke an Order; or (b) make a new Order in respect of the same geographical area. (9) The expiration of an Order under this section shall not affect the prosecution of an offence committed prior to the expiration of the Order. (10) A Trinidad and Tobago citizen or a person resident in Trinidad and Tobago who travels to, enters or remains in a Declared Geographical Area shall be presumed to have travelled for a purpose specified in section 15A(1). (11) The presumption under subsection (10) shall not apply to–– (a) a person who has given notice with reasons under section 15C; or (b) a child, in respect of whom notice is given under section 15D(1), unless the reasons given are false in any material particular. (12) Where a Trinidad and Tobago citizen or a resident of Trinidad and Tobago is within a Declared Geographical Area before an Order is made under subsection (1), he shall, unless he has reasonable excuse, leave the Declared Geographical Area UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

26 Chap. 12:07 Anti-Terrorism
LAWS OF TRINIDAD AND TOBAGO within thirty days of the designation, failing which he is presumed to have committed an offence under section 15A. (13) For the purposes of this section, “port of entry” has the meaning assigned to it under section 2 of the Immigration Act. 15C. (1) A person who wishes to travel to a Declared Geographical Area shall, prior to such travel give notice to the Commissioner of Police, (hereinafter referred to as a “Notice to Travel to a Declared Geographical Area”) in the form approved by the Commissioner of Police. (2) A Notice to Travel to a Declared Geographical Area under subsection (1) shall be accompanied by reasons for such travel to the Declared Geographical Area. (3) A person who travels to a Declared Geographical Area without giving prior notice under subsection (1) shall immediately, but not later than thirty days upon his return to Trinidad and Tobago, provide the Commissioner of Police with— (a) reasons for his travel to the Declared Geographical Area; (b) reasons as to why he was unable to give prior notice; and (c) documentary evidence substantiating the reasons given under paragraph (b). (4) The Commissioner of Police shall notify the Attorney General and the Chief Immigration Officer in writing of all Notices to Travel to a Declared Geographical Area received under this section. (5) A person who, upon giving notice, provides reasons which are false in any material particular, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and imprisonment for a term of two years. 15D. (1) A person who–– (a) is the parent or guardian of a child; or (b) has responsibility for a child, Ch. 18:01. Notice of travel to Declared Geographical Area. [13 of 2018]. Notice of Travel with a child to Declared Geographical Area. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. and who wishes to travel to a Declared Geographical Area with the child shall, prior to such travel give notice to the Commissioner of Police, (hereinafter referred to as a “Notice to Travel with a Child to a Declared Geographical Area”) in the form approved by the Commissioner of Police. (2) A Notice to Travel with a Child to a Declared Geographical Area under subsection (1) shall be accompanied by reasons for such travel to the Declared Geographical Area. (2A) A person who travels to a Declared Geographical Area with a child without giving prior notice under subsection (1) shall immediately, but no later than thirty days upon his return to Trinidad and Tobago, provide the Commissioner of Police with— (a) reasons for his travel to the Declared Geographical Area with the child; (b) reasons as to why he was unable to give prior notice; and (c) documentary evidence substantiating the reasons given under paragraph (b). (3) The Commissioner of Police shall notify the Attorney General and the Chief Immigration Officer in writing of all Notices to Travel to a Declared Geographical Area received under this section. (4) A person who, upon giving notice, provides reasons which are false in any material particular, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and imprisonment for a term of two years. (5) A person who, without reasonable excuse, fails to comply with the requirements of subsection (1), commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars and to imprisonment for a term of three years. (6) For the purposes of subsection (1)(b) “responsibility” has the meaning assigned to it under section 2 of the Children Act. Ch. 46:01. 12 of 2012. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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15E. (1) A person who––
(a) is the parent or guardian of a child; or (b) has responsibility for a child, and who has reasonable grounds for believing that the child is at risk of being taken to a Declared Geographical Area, shall report the grounds for his belief to a police officer as soon as reasonably practicable. (2) A person who without reasonable excuse fails to comply with the requirements of subsection (1), commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars and to imprisonment for a term of three years. (3) No report made to a police officer under the provisions of subsection (1) shall subject the person who made the report to any action, liability, claim or demand whatsoever, if such report was made in good faith for the purpose of complying with those provisions. (4) For the purposes of subsection (1)(b), “responsibility” has the meaning assigned to it under
section 2 of the Children Act.
PART III
CONVENTION OFFENCES
15F. A threat to commit any offence under this Part shall be an offence and a person who commits such offence is liable to the same penalty as provided for the offence. 15G. The taking of preparatory steps for the purpose of committing an offence under this Part shall be an offence and a person who commits such offence is liable to the same penalty as provided for the offence. 15H. A person who coerces, encourages, entices, or incites another person to commit an offence under this Part commits an offence and shall be liable to the same penalty as provided for the offence. Duty of parent, guardian or custodian of child to notify police. [13 of 2018]. Ch. 46:01. 12 of 2012. Threats to commit offences under
Part III.
[13 of 2018].
Taking of preparatory steps an offence.
[13 of 2018].
Coercing or encouraging a person to commit an offence. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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16. A person who, in respect of a ship registered in Trinidad
and Tobago or within the archipelagic or territorial waters of Trinidad and Tobago unlawfully and intentionally— (a) seizes or exercises control over the ship by force or threat thereof or any other form of intimidation; (b) performs an act of violence against a person on board the ship if that act is likely to endanger the safe navigation of the ship; (c) destroys the ship or causes damage to such ship or to its cargo which is likely to endanger the safe navigation of the ship; (d) places or causes to be placed on the ship, by any means whatsoever, a device or substance which is likely to destroy the ship, or cause damage to the ship or its cargo which endangers or is likely to endanger the safe navigation of the ship; (e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of the ship; or (f) communicates information, knowing the information to be false and under circumstances in which the information may reasonably be believed, thereby endangering the safe navigation of the ship, commits an offence and is liable, on conviction on indictment— (i) to imprisonment for twenty years; (ii) if the death of any person results from any act prohibited by this section, to be sentenced in accordance with the penalty prescribed for the offence.
17. (1) A person who unlawfully and intentionally delivers,
places, discharges or detonates an explosive or other lethal Endangering the safety of maritime navigation. Bombing offences. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

30 Chap. 12:07 Anti-Terrorism
LAWS OF TRINIDAD AND TOBAGO device in, into or against a place of public use, a State or government facility, a State or government means of transport, a public transport facility, a public transportation system or an infrastructure facility— (a) with the intent to cause death or serious bodily injury; or (b) with the intent to cause extensive damage to, or destruction of the place, facility or system, where the destruction results in or is likely to result in major economic loss, commits an offence and is liable, on conviction on indictment, to imprisonment for life. (2) This section does not apply to the military forces of a State— (a) during an armed conflict; or (b) in respect of activities undertaken in the exercise of their official duties.
18. (1) A person who kidnaps an internationally protected
person commits an offence and shall, on conviction on indictment, be liable to imprisonment for life. (2) A person who commits any other attack upon the person or liberty of an internationally protected person commits an offence and shall, on conviction on indictment, be liable— (a) where the attack causes death, to be sentenced in accordance with the penalty prescribed for the offence; (b) where the attack causes grievous bodily harm, to imprisonment for twenty years; or (c) in any other case, to imprisonment for ten years. (3) A person who intentionally destroys or damages otherwise than by means of fire or explosive— (a) official premises, private accommodation or means of transport, of an internationally protected person; or Protection of internationally protected persons. [2 of 2010]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) other premises or property in or upon which an internationally protected person is present, or is likely to be present, commits an offence and shall, on conviction on indictment, be liable to imprisonment for ten years. (4) A person who intentionally destroys or damages otherwise than by means of fire or explosive— (a) official premises, private accommodation or means of transport, of an internationally protected person; or (b) other premises or property in or upon which an internationally protected person is present, or is likely to be present, with intent to endanger the life of that internationally protected person by that destruction or damage commits an offence and shall, on conviction on indictment, be liable to imprisonment for twenty years. (5) A person who intentionally destroys or damages by means of fire or explosive— (a) official premises, private accommodation or means of transport, of an internationally protected person; or (b) other premises or property in or upon which an internationally protected person is present, or is likely to be present, commits an offence and is liable on conviction on indictment to imprisonment for fifteen years. (6) A person who intentionally destroys or damages by means of fire or explosive— (a) official premises, private accommodation or means of transport, of an internationally protected person; or (b) other premises or property in or upon which an internationally protected person is present, or is likely to be present, UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

32 Chap. 12:07 Anti-Terrorism
LAWS OF TRINIDAD AND TOBAGO with intent to endanger the life of that internationally protected person by that destruction or damage commits an offence and is liable on conviction on indictment to imprisonment for twentyfive years. (7) A person who threatens to do anything that would constitute an offence against subsections (1) to (6) commits an offence and shall, on conviction on indictment, be liable to imprisonment for ten years. (8) A person who— (a) wilfully and unlawfully, with intent to intimidate, coerce, threaten or harass, enters or attempts to enter any building or premises which is used or occupied for official business or for diplomatic, consular, or residential purposes by an internationally protected person within Trinidad and Tobago; or (b) refuses to depart from such building or premises after a request by an employee of a foreign government or an international organisation, if such employee is authorised to make such request, commits an offence, and is liable on conviction on indictment to a fine of one hundred thousand dollars and to imprisonment for five years. (9) For the purposes of this section “internationally protected person” has the meaning assigned to it in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.
19. (1) A person who unlawfully and intentionally—
(a) seizes or exercises control over a fixed platform on the continental shelf, or in the exclusive economic zone or any fixed platform on the high seas while it is located on the continental shelf of Trinidad and Tobago, by force or threat thereof or by any other form of intimidation; Offences relating to fixed platforms. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) performs an act of violence against a person on board such a fixed platform if that act is likely to endanger the platform’s safety; (c) destroys such a fixed platform or causes damage to it which is likely to endanger its safety; (d) places or causes to be placed on such a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; (e) injures or kills any person in connection with the commission or the attempted commission of any of the offences referred to in paragraphs (a) to (d); or (f) damages or destroys any off-shore installation, commits an offence. (2) A person convicted of an offence referred to in subsection (1) is— (a) liable, on conviction on indictment, to imprisonment for twenty years; and (b) in the case where death results from the commission of the offence, liable on conviction on indictment to be sentenced to death. (3) In this section “fixed platform” means an artificial island, installation or structure attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes.
20. (1) A person who unlawfully and intentionally—
(a) intends to acquire or possesses nuclear material or designs or manufactures or possesses a device, or attempts to manufacture or acquire a device, with the intent— (i) to cause death or serious bodily injury; or (ii) to cause damage to property or the environment; Offences with regard to nuclear matter or facilities. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) uses in any way nuclear material or a device, or uses or damages a nuclear facility in a manner which releases or risks the release of nuclear material with the intent— (i) to cause death or serious bodily injury; (ii) to cause damage to property or the environment; or (iii) to compel a natural or legal person, an inter-governmental organisation or a State to do or refrain from doing an act, commits an offence. (2) A person who— (a) threatens, under circumstances which indicate the credibility of the threat, to commit an offence referred to in subsection (1)(b); or (b) unlawfully and intentionally demands radioactive material, a device or control of a nuclear facility by threat, under circumstances which indicate the credibility of the threat, or by use of force, commits an offence. (3) A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life. (4) In this section “device” means a weapon of mass destruction.
21. (1) A person commits an offence if he—
(a) places any substance or other thing in any place; or (b) sends any substance or other thing from one place to another by any means whatsoever, with the intention of inducing in a person anywhere in the world a belief that it is likely to be or contain a noxious substance or other noxious thing or a lethal device or chemical, biological or nuclear weapon. Hoaxes involving noxious substances or things or explosives or other lethal material. [2 of 2010]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(2) A person commits an offence if he communicates any information which he knows or believes to be false with the intention of inducing in a person anywhere in the world a belief that a noxious substance or other noxious thing or a lethal device or a weapon of mass destruction is likely to be present, whether at the time the information is communicated or later, in any place. (3) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for fifteen years. (4) For a person to commit an offence under this section it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief in question. (5) The Court, in imposing a sentence on a person who has been convicted of an offence under subsection (1), may order that person to reimburse any party incurring expenses incident to any emergency or investigating response to that conduct, for those expenses. (6) A person ordered to make reimbursement under subsection (5) shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under subsection (5) for the same expenses. (7) An order of reimbursement under subsection (5) shall, for the purposes of enforcement, be treated as a civil judgment. (8) For the purposes of this section “substance” includes any biological agent and any other natural or artificial substance, whatever its form, origin or method of production.
22. (1) A person who, unlawfully and intentionally uses,
threatens or attempts or conspires to use chemical, biological or nuclear weapons— (a) against a citizen of Trinidad and Tobago or a person ordinarily resident in Trinidad and Use of chemical, biological or nuclear weapons. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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Tobago while either such person is outside Trinidad and Tobago; (b) against any person within Trinidad and Tobago; or (c) against any property that is owned, leased or used by the Government of Trinidad and Tobago, whether the property is within or outside of Trinidad and Tobago, commits an offence and is liable on conviction on indictment to imprisonment for life. (2) A citizen of Trinidad and Tobago or person ordinarily resident within Trinidad and Tobago who, unlawfully and intentionally, uses chemical, biological or nuclear weapons outside of Trinidad and Tobago commits an offence and is liable on conviction on indictment to imprisonment for life.
PART IIIA
FINANCING OF TERRORISM
22A. (1) Any person who by any means, directly or indirectly, wilfully provides or collects funds, or attempts to do so, or coerces, encourages, entices, or incites another person to do so, without lawful excuse, with the intention or in the knowledge that such funds are to be used in whole or in part— (a) in order to carry out a terrorist act; (b) by a terrorist; (c) by a terrorist organisation; (d) in order to facilitate travel by an individual to a foreign State for the purposes of— (i) carrying out a terrorist act; or (ii) participating in, or providing instruction or training to carry out a terrorist act; (e) by a listed entity; or (f) to facilitate the travel or activities of a foreign terrorist fighter, commits the offence of financing of terrorism. Offence of financing of terrorism. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(1A) Notwithstanding subsection (1), a person does not commit an offence where he provides or collects funds in accordance with an order made under section 22B. (2) An offence under subsection (1) is committed irrespective of whether— (a) the funds are actually used to commit or attempt to commit a terrorist act; (b) the funds are linked to a terrorist act; or (c) the person alleged to have committed the offence is in the same country or a different country from the one in which the terrorist or terrorist organisation is located or the terrorist act occurred or will occur. (3) A person who contravenes this section commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twentyfive years. (4) A director or officer of a body corporate who knowingly and without lawful excuse, authorises, acquiesces in, or permits the commission of an offence under this section— (a) for the benefit of the body corporate; or (b) which results in the body corporate being used as a vehicle for the commission of an offence under this section, commits an offence and is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years and the Court may, proprio motu, exercise its power under section 69 of the Companies Act to order the individual to not be a director of the company, or be in any way directly or indirectly concerned with the management of the company for a period of time. (5) Where a body corporate commits an offence under subsection (1), it shall be liable on conviction on indictment to a fine of thirty million dollars. Ch. 81:01. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(6) Where a body corporate has been convicted of an offence under this section, the Court shall have the power to— (a) revoke business licences; (b) order that the body corporate be wound up; (c) forfeit the assets and property of the body corporate to the State who shall deal with it in accordance with Part III of the Proceeds of Crime Act; and (d) prohibit the body corporate from performing any further activities. (7) The taking of preparatory steps for the purpose of committing an offence under this section shall be an offence and a person who commits such offence is liable to the same penalty as provided for the offence. 22AA. (1) (Repealed by Act No. 13 of 2018). (2) For the purposes of section 22B, the FIU shall be responsible for— (a) maintaining a list of designated entities; (b) maintaining contact with the United Nations at frequent intervals to ensure that the list of designated entities remains current; (c) circulating the list referred to in paragraph (a) or (b) immediately, to financial institutions and listed businesses requesting information on whether these designated entities have funds in Trinidad and Tobago; (d) furnishing the Attorney General with information required to facilitate an application under section 22B, where a designated entity has funds in Trinidad and Tobago; and (e) maintaining a consolidated list of all orders issued by the Court under section 22B(3) and circulating the same by facsimile transmission or other electronic means to all Special provisions for designated entities. [16 of 2011 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. financial institutions and listed businesses immediately at intervals of three months. (3) Notwithstanding its obligation to circulate the consolidated list under subsection 2(c), the FIU shall, when new information has been obtained before the expiration of three months, circulate any additions to that list or a new list immediately by facsimile transmission. 22AB. As soon as a financial institution or listed business receives the list of designated entities or the consolidated list referred to in section 22AA(2)(c) or (e), the following procedures shall apply:
(a) the financial institution shall immediately inform the FIU on the prescribed form, if any person or entity named on either list has funds with the financial institution or listed business; (b) if the financial institution or listed business has reasonable grounds to believe that a person or entity named on either list has funds in Trinidad and Tobago, it shall immediately inform the FIU on the prescribed form; (c) (Deleted by Act No. 14 of 2012); and (d) if a person or entity named on that list attempts to enter into a transaction or continue a business relationship, the financial institution or listed business shall submit a suspicious activity report to the FIU immediately and shall not enter into or continue a business transaction or business relationship with such person or entity. 22B. (1) Where the Attorney General receives information that— (a) an individual or entity— (i) committed or participated in the commission of a terrorist act; or Certain Procedures apply. [16 of 2011 14 of 2012]. Listing of terrorist entities. [2 of 2010 20 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(ii) is acting on behalf of, at the direction of, or in association with a designated entity or an individual or entity that has knowingly committed or participated in the commission of a terrorist act; or (iii) committed an indictable offence for the benefit of— (A) a terrorist; (B) a terrorist organisation; or (C) a listed entity; or (b) an entity is owned or controlled directly or indirectly by a listed entity, he shall cause an investigation to be carried out in respect of that allegation and may, for that purpose, refer the matter to the Commissioner of Police who may cause an investigation to be carried out in respect of the individual or entity. (1A) The Attorney General shall apply to a Judge for an order under subsection (3) in respect of— (a) a designated entity; (b) an entity or individual, where there are reasonable grounds to believe that the individual or entity— (i) has knowingly committed or participated in, or facilitated the commission of a terrorist act; or (ii) is knowingly acting on behalf of, or at the direction of, or in association with, an entity referred to in paragraph (a), subparagraph (i), or a listed entity; (iii) has knowingly committed an indictable offence for the benefit of, or in association with— (A) a terrorist; UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(B) a terrorist organisation; or (C) a listed entity; or (c) an entity owned or controlled directly or indirectly by a listed entity. (2) An application under subsection (1A) shall be— (a) ex parte; and (b) accompanied by an affidavit deposing to the matters referred to in subsection (1A). (3) Upon an application under subsection (1A) the Judge shall, by order— (a) declare an individual or a designated or legal entity to be a listed entity for the purposes of this Act if the Judge is satisfied as to the matters referred to in subsection (1A); and (b) freeze the property— (i) that is owned or controlled by the listed entity; (ii) that is wholly or jointly owned or controlled, directly or indirectly, by the listed entity; or (iii) derived or generated from funds or other assets owned or controlled directly or indirectly by the listed entity. (3A) A person likely to be affected by an order made under subsection (3) shall, as far as practicable, be served with a copy of the order and may, within sixty days after the publication of the order under subsection (5), apply to a Judge for a review of the order. (3B) Where an application for review is made under subsection (3A), the Attorney General shall be served with a copy of the application and given the opportunity to make representations to the Court in respect of any proceedings for the review of an order made under subsection (3). (3C) A person likely to be affected by an order may include a person with the same or similar name to a designated entity. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(4) Subject to section 22BA, an order under subsection (3) may— (a) be made subject to any other condition that the Court considers reasonable; (b) prohibit the listed entity from possessing or controlling cash in excess of an amount to be prescribed by the Judge; (c) indicate into which account held in a financial institution any excess cash shall be placed; and (d) make provisions to preserve the rights of a bona fide third party acting in good faith. (4A) Notwithstanding section 22B(3), where a listed entity is in possession of cash in excess of an amount prescribed in an order made under section 22B(3), the listed entity shall pay the excess amount into a bank account owned by him in Trinidad and Tobago as specified by the Court. (4B) The provisions of section 22AB(d) shall not apply to a listed entity where he conducts a transaction in accordance with subsection (4A). (4C) Nothing in this section shall prohibit the addition of interest or earnings due on an account frozen under subsection (3) or payments under contracts, agreements or obligations that arose prior to the making of an order under subsection (3). (4D) Where an order is made under subsection (3), the Court— (a) may serve the order upon the listed entity, the financial institution or listed business; and (b) shall serve the Order on the FIU immediately, in accordance with the Civil Proceedings Rules, 1998. (4E) Where an order is served on a financial institution or listed business under subsection (4A), action shall immediately be taken to restrict the availability of the funds, subject to the order, in accordance with the terms of the order. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(5) Where an order is made under subsection (3), (7)(d) or (10), the Attorney General shall, within seven days after the date of the order, cause to be published in the Gazette and in two daily newspapers of general circulation in Trinidad and Tobago— (a) a copy of the order; and (b) in the case of an order under subsection (3), a statement that the matter will be reviewed every six months. (5A) Where the Attorney General reasonably believes that a listed entity who is the subject of an order under this
section, has funds in another jurisdiction, he may apply to the
relevant authorities in the jurisdiction for the enforcement of an order made under this section. (5B) The Attorney General may, where he deems it necessary, make a request to another country to initiate proceedings for the entity or individual to be a listed entity in that country. (6) Within sixty days after the date of publication of an order under subsection (5), the individual or entity in respect of which the order is made may apply to a Judge for a review of the order and shall notify the Attorney General of the application. (6A) Where an application for review is made under subsection (6), the Attorney General shall be served with a copy of the application and given the opportunity to make representations to the Court in respect of any proceedings for the review of an order made under subsection (3). (7) Upon an application made under subsection (6), the Judge shall— (a) hear any evidence or other information that may be presented by the Attorney General and may, at the request of the Attorney General, hear all or part of that evidence or information in the absence of the applicant or any counsel representing the applicant, if the Judge is of the opinion that the disclosure of the information UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO would be prejudicial to national security or endanger the safety of any person; (b) provide the applicant with a statement summarising the information available to the Judge, so as to enable the applicant to be reasonably informed of the reasons for the making of the order, without disclosing any information the disclosure of which would, in the opinion of the Judge, be prejudicial to national security or endanger the safety of any person; (c) provide the applicant with a reasonable opportunity to be heard; and (d) determine whether or not the order should be revoked on the basis of the information available to the Judge and, if he determines that the order should be revoked, make an order for such revocation. (8) For the purposes of any application or review under this section, the Judge may receive in evidence anything that, in the opinion of the Judge, is reliable and relevant. (9) The Attorney General shall, every six months— (a) review all orders made under subsection (3) so as to determine whether the circumstances referred to in subsection (1A) continue to exist in respect of the listed entity; and (b) if he determines that such circumstances no longer exist, apply to a Judge for the revocation of the order in respect of the listed entity. (9A) Nothing in this section shall preclude the Attorney General at any time from— (a) conducting a review of the circumstances relative to an order made under subsection (3) to determine whether the circumstances referred to in subsection (1A) continue to exist in respect of the listed entity; or UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) applying to a Judge for the variation or revocation of the order in respect of the listed entity if he determines that such circumstances no longer exist. (10) Upon an application under subsection (9), the Judge shall, if satisfied as to the matters referred to in that subsection, make an order for the revocation, which order shall be — (a) published in the Gazette and in two daily newspapers of general circulation in Trinidad and Tobago; and (b) served upon the FIU. (11) Where an order has been made under subsection (10), the FIU shall remove the individual or entity from the list referred to in section 22AA(2)(e) and immediately circulate the list by facsimile transmission or other electronic means to all financial institutions and listed businesses. (12) For the purposes of this section, “control” means the power of a person to— (a) exercise more than fifty per cent of the voting rights at any general meeting of an entity; (b) elect a majority of the directors of an entity; or (c) exercise direct or indirect influence that, if exercised, would result in control in fact of the entity. 22BA. Where an order under subsection (3), in respect of a listed entity which is not a designated entity is being made, the Court may in the order— (a) make provision for meting out of the property or specified part of the property, reasonable living expenses, including but not limited to— (i) mortgage or rent payments; (ii) allowances for food, medicine and medical treatment; Considerations for listed entities. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(iii) any payments due as a result of an order of the Court; (iv) provision for— (A) the reasonable living expenses of dependants, including educational expenses; and (B) medicine and the medical treatment of dependants; and (v) provision for taxes, insurance premiums and public utilities; (b) make provision for reasonable legal expenses, including expenses incurred in defending a criminal charge or any proceedings connected thereto and any proceedings under this Act; (c) make provision for expenses necessary to enable a person to carry on any trade, business, profession or occupation; (d) make provision for fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources; and (e) make the listed entity subject to any other condition that the Court considers reasonable. 22BB. (1) Where an order under section 22B has been made in respect of a designated entity, the Attorney General shall not apply to the Court for a variation of the order in accordance with
section 22B(9A) to make provision for meting out of the
property or specified part of the property— (a) any consideration under section 22BA(a)(i), (ii) and (v), (b), (c) or (d), unless he has first notified the 1267, 1989 and 2253 Committee of his intention to apply to the Court for such an order and the 1267, 1989 and 2253 Committee has not indicated its objection to such an application to the Court within forty-eight hours of said notice; or Considerations for designated entities. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) any other consideration, unless he has first obtained the consent of the 1267, 1989 and 2253 Committee for such an application to the Court. (2) For the avoidance of doubt, where after an order has been made under section 22B(3) the 1267, 1989 and 2253 Committee has raised no objection in accordance with subsection (1)(a) or has granted its consent under subsection (1)(b), the Attorney General may apply to the Court in accordance with section 22B(9A) for a variation of the order to provide for matters under subsection (1). 22BC. (1) A police officer may, for the purpose of determining whether a listed entity against whom an order under
section 22B(3) is made, is complying with measures specified in
the order, apply to a magistrate for a warrant.
(2) Where upon an application under subsection (1), a Magistrate is satisfied that it is necessary to determine whether a listed entity complies with measures set out in the order, he may issue a warrant authorising police officer to— (a) search an individual who is a listed entity; (b) enter and search– (i) the place of residence of an individual who is a listed entity; or (ii) any other premises that are specified in the warrant; or (c) seize any document, computer or electronic device. 22BD. (1) Where the Attorney General is satisfied that there are reasonable grounds to believe that a listed entity meets the criteria for being placed on the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List or the 1988 List for the time being in force, he may make a request to the 1267, 1989 and 2253 Committee or the 1988 Committee as the case may be for the individual or entity to be placed on the respective list. (2) Notwithstanding subsection (3), the Attorney General shall not make a request to the 1267, 1989 and Power to search to determine compliance. [13 of 2018]. Attorney General to propose names to the UNSC. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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2253 Committee or the 1988 Committee, as the case may be, for an individual or entity to be placed on the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List or the 1988 List unless that individual or entity has been listed in accordance with
section 22B(3).
(3) Where an individual or entity has been placed on the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List or the 1988 List on the basis of a request by the Attorney General, and the Attorney General is satisfied that an individual or entity listed pursuant to section 22BA(3) no longer meets the criteria for listing, he may petition— (a) the 1267, 1989 and 2253 Committee for removal of the individual or entity from the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List; or (b) the 1988 Committee for removal of the individual or entity from the 1988 List. (4) Where an individual or entity has been placed on the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List or the 1988 List, the Attorney General shall, as far as practicable, inform the individual or entity of the availability of the UN office of the Ombudsperson or focal point for De-Listing, as appropriate, for the purposes of petitioning the removal from the Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) List or the 1988 List, as the case may be. 22BE. (1) The Attorney General shall receive all requests on behalf of another country for the declaration of an individual or entity as a listed entity. (2) Where a request is made on behalf of a country for the declaration of an individual or entity as a listed entity, a record of the case shall be furnished, which shall include— (a) a document summarising the evidence available to that country for use in the designation of the individual or entity, including— (i) sufficient identifying information to allow for the accurate and positive identification of the individual or entity; and Attorney General to receive requests for declaration of a listed entity. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(ii) evidence that the individual or entity meets the relevant criteria for designation as set out in section 22B; and (b) particulars of the facts upon which the request is being made. (3) The Attorney General shall, upon receipt of a request made for the purposes of this section on behalf of any country, cause an investigation to be carried out in respect of that allegation and may for that purpose refer the matter to the Commissioner of Police who may cause an investigation to be carried out in respect of the request. (4) Where, on the basis of an investigation under subsection (3), the Attorney General is satisfied that the individual or entity referred to under subsection (1) meets the criteria under section 22B(1)(b) or (c), he shall make an application to a Judge for an order under section 22B(3). 22C. (1) Where a financial institution or listed business knows or has reasonable grounds to suspect that funds within the financial institution or listed business belong to an individual or legal entity who— (a) commits terrorist acts or participates in or facilitates the commission of terrorist acts or the financing of terrorism; (b) is a designated entity; or (c) is a listed entity, the financial institution or listed business shall report the existence of such funds to the FIU. (2) Every financial institution or listed business shall— (a) pay special attention to and report all— (i) business transactions between individuals, corporate persons and financial institutions in or from other countries which do not comply with, or Reporting requirements. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO who comply insufficiently with the recommendations of the Financial Action Task Force; and (ii) complex, unusual, or large transactions, whether completed or not, unusual patterns of transactions and significant but periodic transactions which have no apparent economic or visible lawful purpose, to the FIU; (b) examine the background and purpose of all transactions which have no economic or visible legal purpose under paragraph (a)(i) and make available to the FIU, written findings after its examinations, where necessary; (c) keep and retain records relating to financial activities in accordance with the Regulations made under section 41(2); (d) develop and implement a written compliance programme, reasonably designed to ensure compliance with this Act; and (e) monitor compliance with the Regulations made under section 41(2). (3) Where a financial institution or listed business knows or has reasonable grounds to suspect that funds are linked or related to, or to be used for terrorism, terrorist acts or by terrorist organisations or those who finance terrorism, the financial institution or listed business shall make a suspicious transaction, or a suspicious activity report to the FIU in the forms as set out in the Third Schedule to the Proceeds of Crime Act. (4) Subject to section 22D, where a financial institution or listed business makes a suspicious transaction or suspicious activity report to the FIU under this section, the Director or staff of the FIU or of such financial institution or listed business shall not disclose the fact or content of such report to any person. Ch. 11:27. Third Schedule. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(5) Any person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine of five million dollars and to imprisonment for five years. (6) A report to which subsection (3) refers shall be made within fourteen days of the date on which the financial institution or listed business knew or had reasonable grounds to suspect that the funds were linked or related to, or were to be used for terrorism, terrorist acts or by terrorist organisations or those who finance terrorism. (7) When the report referred to in this section is made in good faith, the financial institution or listed business and their employees, staff, directors, owners or other representatives as authorised by law, are exempt from criminal, civil or administrative liability, as the case may be, for complying with this section or for breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, regardless of the result of the communication. 22D. (1) Where the FIU receives information from a financial institution or listed business and it considers that an investigation may disclose that funds — (a) in the possession of any individual or legal entity are being used, have been used or are intended for use in the financing of terrorism; (b) belong to a designated entity; or (c) belong to a listed entity, it shall forward such information to the Commissioner of Police for further investigation. 22E. (1) The FIU may instruct a financial institution or listed business in writing, to suspend the processing of a transaction for a period not exceeding five working days, pending the completion of an evaluation and analysis of a suspicious transaction or suspicious activity report. (2) Where those instructions are given, a financial institution, listed business or any other aggrieved person, may Identification of offence of financing of terrorism. [13 of 2018]. FIU may suspend certain transactions. [2 of 2010 14 of 2012]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO apply to a Judge to discharge the instructions of the FIU and shall serve notice on the FIU, to join in the proceedings, save however, that the instructions shall remain in force until the Judge determines otherwise. (3) After the FIU has concluded its evaluation and analysis of a suspicious transaction or suspicious activity report, and where the Director of the FIU is of the view that the circumstances warrant investigation, a report shall be submitted to the Commissioner of Police for investigation to determine whether an offence of financing of terrorism has been committed and whether the funds are located in Trinidad and Tobago or elsewhere.
PART IV
INVESTIGATION OF OFFENCES
23. (1) Subject to subsection (2), a police officer may, for
the purpose of preventing the commission of an offence under this Act or preventing interference in the investigation of an offence under this Act, apply ex parte, to a Judge for a detention order. (2) A police officer may make an application under subsection (1) only with the prior written consent of the Director of Public Prosecutions. (3) A Judge may make an order under subsection (1) for the detention of the person named in the application if he is satisfied that there are reasonable grounds to believe that the person is— (a) interfering or is likely to interfere with an investigation of; (b) preparing to commit; or (c) facilitating the commission of, an offence under this Act. (4) An order under subsection (3) shall be for a period not exceeding forty-eight hours in the first instance and may be extended for a further period provided that the maximum period of detention under the order does not exceed fourteen days. Detention orders. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(5) Every order shall specify the place at which the person named in the order is to be detained and conditions in respect of access to a medical officer. (6) An accurate and continuous record shall be kept in accordance with the Schedule, in respect of any detainee for the whole period of his detention.
24. (1) Subject to subsection (2), a police officer may, for
the purpose of an investigation of an offence under this Act, apply ex parte to a Judge for an order for the gathering of information from named persons. (2) A police officer may make an application under subsection (1) only with the prior written consent of the Director of Public Prosecutions. (3) A Judge may make an order under subsection (1) for the gathering of information if he is satisfied that the written consent of the Director of Public Prosecutions was obtained and— (a) that there are reasonable grounds to believe that an offence under this Act has been committed and that— (i) information concerning the offence; or (ii) information that may reveal the whereabouts of a person suspected by the police officer of having committed the offence, is likely to be obtained as a result of the order, or (b) that— (i) there are reasonable grounds to believe that an offence under this Act will be committed; (ii) there are reasonable grounds to believe that a person has direct and material information that relates to the offence referred to in subparagraph (i); or Power to gather information. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(iii) there are reasonable grounds to believe that a person has direct and material information that may reveal the whereabouts of a person who the police officer suspects may commit the offence referred to in subparagraph (i); and (iv) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) or (iii) from the person referred to therein. (4) An order made under subsection (3) may— (a) include conditions or terms which the Judge considers reasonable; (b) order the examination on oath of the person named in the order; (c) order the person to attend at a time and place fixed by the Judge, for the purpose of being examined; and (d) order the person to bring and produce any thing, document, computer or electronic device in his control or possession for the purpose of the examination. (5) An order made under subsection (3) may be executed anywhere in Trinidad and Tobago. (6) The Judge who made the order under subsection (3), or another Judge of the same Court, may vary its terms and conditions. (7) A person named in an order made under subsection (3) shall answer questions put to the person by the Director of Public Prosecutions or the Director of Public Prosecution’s representative, and shall produce to the presiding Judge any thing, document, computer or electronic device, respectively that the person was ordered to bring, but may, subject to the ruling of the Judge under UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. subsection (8), refuse to do so if answering a question or producing any thing, document, computer or electronic device, respectively would disclose information that is protected by the law relating to non-disclosure of information or privilege. (8) The presiding Judge shall rule on every objection or issue relating to a refusal to answer any question or to produce any thing, document, computer or electronic device. (9) A person shall not be excused from answering a question or producing any thing, document, computer or electronic device on the ground that the answer, thing, document, computer or electronic device may incriminate him or subject him to any penalty or proceedings. (10) Notwithstanding subsection (9) any— (a) answer given by; (b) thing, document, computer or electronic device produced by; (c) evidence obtained from, that person shall not be used or received against him in any criminal proceedings other than in a prosecution for perjury. (11) A person may retain and instruct an Attorney-at-law at any stage of the proceedings under this section and the Attorney-at-law so retained may attend and represent the person named in the order when he is being examined. (12) The presiding Judge, if satisfied that any thing, document, computer or electronic device produced during the course of the examination is likely to be relevant to the investigation of any offence under this Act, shall order that the thing, document, computer or electronic device be given into the custody of the police. (13) Subject to subsection (8), nothing in this section requires the disclosure of any information which is protected by privilege. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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24A. (1) A police officer may, for the purposes of an investigation into the offence of financing of terrorism apply to a Judge for a warrant under this section. (2) On such application the Judge may issue a warrant authorising a police officer to enter and search the premises if the Judge is satisfied in relation to the offence of financing of terrorism— (a) that there are reasonable grounds for suspecting that an individual or legal entity is linked to the commission of that offence; (b) that there are reasonable grounds for suspecting that there is on the premises material relating to the commission of that offence; and (c) that it would be appropriate to make an order in relation to the material because— (i) it is not practicable to communicate with any person entitled to produce the material; (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or (iii) the investigation for the purposes of which the application is made might be seriously prejudiced unless a police officer could secure immediate access to the material. (3) Where a police officer has entered the premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value, whether by itself or together with other material, to the investigation for the purposes of which the warrant was issued. (4) The person to whom a search warrant is issued shall furnish a report in writing, within ten days after the Authority for search. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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L.R.O. execution of the warrant or the expiry of the warrant, whichever occurs first, to the Judge who issued the warrant— (a) stating whether or not the warrant was executed; (b) if the warrant was executed, setting out a detailed description of anything seized; or (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed. 24B. (1) A Judge may on application made by a police officer and if the conditions set out in subsection (2) are met, make an order that a financial institution or listed business provide to an authorised officer any such customer information relating to the person or account specified in the application. (2) An application under subsection (1) shall state— (a) that there is an investigation of financing of terrorism or other offence under this Act and the order is sought for purposes of a criminal investigation of that offence; and (b) the Judge is satisfied that there are reasonable grounds for believing that the financial institution or listed business may have information that is relevant in the investigation. (3) Customer information is information as to whether a person holds, or has held an account or accounts at the financial institution or listed business (whether solely or jointly), and information identifying a person who holds an account, and includes all information as to— (a) the account number or numbers; (b) the person’s full name; (c) his date of birth; (d) his most recent address and any previous addresses; (e) the date or dates on which he began to hold the account or accounts and, if he has ceased to Customer Information order. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO hold the account or any of the accounts, the date or dates on which he did so; (f) such evidence of his identity as was obtained by the financial institution; (g) the full name, date of birth and most recent address, and any previous addresses, of any person who holds, or has held, an account at the financial institution jointly with him; (h) the account number or numbers of any other account or accounts held at the financial institution to which he is a signatory and details of the person holding the other account or accounts; and (i) any other information which the Court specifies in the customer information order. (4) Where the customer is a legal entity, the information shall include— (a) a description of any business which it carries on; (b) the country or territory in which it is incorporated or otherwise established and any number allocated to it; (c) its registered office, and any previous registered offices; (d) the full name, date of birth and most recent address and any previous addresses of any person who is a signatory to the account or any of the accounts; and (e) any other information which the Court specifies in the customer information order. (5) A financial institution or listed business shall provide the information to the authorised officer in such manner, and at or by such time, as is specified in the order. (6) An authorised officer for purposes of this section is the FIU. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(7) No obligation to maintain the confidentiality of information held by a financial institution or listed business, whether imposed by a law or contract, can excuse compliance with an order made under this section. (8) Where a financial institution or listed business subject to an order under this section, knowingly— (a) fails to comply with the order; or (b) provides false or misleading information in purported compliance with the order, the financial institution or listed business commits an offence and is liable on conviction on indictment to a fine of one million dollars. (9) A financial institution or listed business that has been served with an order under this section shall not disclose the existence or operation of the order to any person except— (a) an officer or agent of the institution for the purpose of complying with the order; or (b) an authorised officer referred to in the order. (10) Where a financial institution or listed business contravenes subsection (9), it commits an offence and is liable on conviction on indictment to a fine of five million dollars. 24C. (1) A police officer may apply, ex parte to a Judge for a monitoring order directing a financial institution, listed business or non-profit organisation to provide certain information. (2) An application under subsection (1) shall be supported by an affidavit deposing to matters referred to in subsection (4). (3) A monitoring order shall— (a) direct a financial institution, listed business or non-profit organisation to disclose information it obtained relating to transactions conducted through an account held by a particular person with the financial institution, listed business or non-profit organisation; Monitoring order. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) not have retrospective effect; and (c) only apply for a period not exceeding three months from the date it is made. (4) A Judge shall issue a monitoring order only if he is satisfied that there are reasonable grounds for believing that— (a) the person in respect of whose account the order is sought— (i) has committed or was involved in the commission, or is about to commit or be involved in the commission of, an offence; and (ii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of an offence; or (b) the account is relevant to identifying, locating or quantifying terrorist property. (5) A monitoring order shall specify— (a) the name or names in which the account is believed to be held; and (b) the class of information that the financial institution, listed business or non-profit organisation is required to give. (6) Where a financial institution, listed business or nonprofit organisation subject to an order under this section, knowingly— (a) fails to comply with the order; or (b) provides false or misleading information in purported compliance with the order, the financial institution, listed business or non-profit organisation commits an offence and is liable on conviction on indictment to a fine of one million dollars. (7) A financial institution, listed business or non-profit organisation that is or has been subject to a monitoring order UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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PART V
JURISDICTION AND TRIAL OF OFFENCES
25. (1) The Courts of Trinidad and Tobago shall have
jurisdiction in respect of any offence referred to in this Act if—

(a) the alleged perpetrator of the offence is arrested in Trinidad and Tobago, or on board a ship registered in Trinidad and Tobago or an aircraft registered in Trinidad and Tobago; and (b) the offence was committed— (i) in Trinidad and Tobago, or committed elsewhere, if the act is punishable in terms of the domestic laws of Trinidad Jurisdiction of Trinidad and Tobago Courts. [13 of 2018] UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO and Tobago, including this Act or in terms of the obligations of Trinidad and Tobago under international law; (ii) on board a vessel or a ship or fixed platform registered in Trinidad and Tobago or an aircraft which is registered under the laws of Trinidad and Tobago at the time the offence is committed; (iii) outside of Trinidad and Tobago, and the person who has committed the act is, after the commission of the act, present in Trinidad and Tobago; or (c) the evidence reveals any other basis recognised by law. (2) An act or omission committed outside Trinidad and Tobago which would, if committed in Trinidad and Tobago, constitute an offence under this Act shall be deemed to have been committed in Trinidad and Tobago if the person committing the act or omission is present in Trinidad and Tobago and cannot be extradited to a foreign State having jurisdiction over the offence constituted by such act or omission. (3) Where the Attorney General receives information that there may be present in Trinidad and Tobago a person who is alleged to have committed an offence under this Act, the Attorney General shall— (a) cause an investigation to be carried out in respect of that allegation and may refer the matter to the Commissioner of Police who may cause an investigation to be carried out in respect of that allegation; (b) inform any other foreign State which might also have jurisdiction over the alleged offence promptly of the findings of the investigation; and UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(c) indicate promptly to other foreign States which might also have jurisdiction over the alleged offence whether to the best of his knowledge, information and belief a prosecution is intended by the Director of Public Prosecutions. (4) In furtherance of subsection (3), in deciding whether to prosecute, the Director of Public Prosecutions shall take into account the adequacy of evidence against the accused. (4A) The Attorney General and the Director of Public Prosecutions shall consult in relation to the exercise of powers under subsection (4) in respect of— (a) considerations of international law, practice and comity; (b) international relations; and (c) any prosecution that is being or might be taken by a foreign State. (5) If a person has been taken into custody to ensure the person’s presence for the purpose of prosecution or surrender to a foreign State in terms of this section, the Director of Public Prosecutions shall, immediately after the person is taken into custody, notify the Attorney General. (6) The Attorney General shall inform any foreign State which might have jurisdiction over the offence concerned, and any other State that he considers it advisable to inform or notify either directly or through the Secretary-General of the United Nations, of— (a) the fact that the person is in custody; and (b) the circumstances that justify the person’s detention. (7) When the Director of Public Prosecutions declines to prosecute, and another foreign State has jurisdiction over the offence concerned, he shall inform such foreign State, accordingly with the view to the surrender of such person to such foreign State for prosecution by that State. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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26. The proceedings referred to in the Extradition
(Commonwealth and Foreign Territories) Act, (hereinafter referred to as the “Extradition Act”) shall apply with the necessary changes in respect of any surrender referred to in
section 25.
27. Where in any proceedings under this Act, a question
arises as to whether any thing or substance is a weapon, a hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certificate purporting to be signed by an appropriate authority to the effect that the thing or substance, described in the certificate is a weapon, a hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, shall be admissible in evidence without proof of the signature or authority of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein.
PART VI
INFORMATION SHARING, EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS
28. The Minister may, after consultation with the Attorney
General, on a request made by the appropriate authority of a foreign State, disclose to that authority, any information in his possession or, with the necessary permission, in the possession of any other government, department or agency, relating to any of the following:
(a) the actions or movements of persons suspected of involvement in the commission of terrorist acts; (b) the use of forged or falsified travel papers by persons suspected of involvement in the commission of terrorist acts; (c) traffic in explosives or other lethal devices or sensitive materials by persons suspected of involvement in the commission of terrorist acts; or Extradition from Trinidad and Tobago. Ch. 12:04. Evidence by a certificate. [13 of 2018]. Exchange of information relating to terrorist acts. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(d) the use of communication technologies by persons suspected of involvement in the commission of terrorist acts, if the disclosure is not prohibited by any law and will not, in the Minister’s view be prejudicial to national security or public safety.
29. (1) Where Trinidad and Tobago becomes a party to a
treaty and there is in force, an extradition arrangement between the Government of Trinidad and Tobago and another State which is a party to that treaty, the extradition arrangement shall be deemed, for the purpose of the Extradition Act, to include provision for extradition in respect of offences falling within the scope of that treaty. (2) Where Trinidad and Tobago becomes a party to a treaty and there is no extradition arrangement between the Government of Trinidad and Tobago and another State which is a party to that treaty, the Attorney General may, by Order, subject to a negative resolution of Parliament treat the treaty, for the purposes of the Extradition Act, as an extradition arrangement between the Government of Trinidad and Tobago and that State providing for extradition, in respect of offences falling within the scope of that treaty.
30. (1) Where Trinidad and Tobago becomes a party to a
treaty and there is in force, an arrangement between the Government of Trinidad and Tobago and another State which is a party to that treaty, for mutual assistance in criminal matters, the arrangement shall be deemed, for the purposes of the Mutual Assistance in Criminal Matters Act, to include provision for mutual assistance in criminal matters in respect of offences falling within the scope of that treaty. (2) Where Trinidad and Tobago becomes a party to a treaty and there is no arrangement between the Government of Trinidad and Tobago and another State which is a party to that treaty for mutual assistance in criminal matters, the Attorney General may, by Order subject to a negative resolution of Treaty to be used as basis for extradition. Ch. 12:04. Treaty to be used as basis for Mutual Assistance in Criminal Matters. Ch.11:24. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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Parliament, treat the treaty as an arrangement between the Government of Trinidad and Tobago and that State providing for mutual assistance in criminal matters in respect of offences falling within the scope of that treaty.
31. Notwithstanding anything in the Extradition Act or the
Mutual Assistance in Criminal Matters Act, an offence under this Act or an offence under any other Act where the act or omission constituting the offence also constitutes a terrorist act, shall, for the purposes of extradition or of mutual assistance, be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives.
PART VII
DISCLOSURE AND SHARING INFORMATION
32. (1) Every person or regulatory authority who has any
information which will assist in— (a) preventing the commission by another person, of a terrorist act; or (b) securing the arrest or prosecution of another person for an offence under this Act, or an offence under any other law and which also constitutes a terrorist act, shall forthwith disclose the information to a police officer or the Central Authority as defined under the Mutual Assistance in Criminal Matters Act. (2) Notwithstanding subsection (1) a person referred to in subsection (1), shall not be required to disclose any information which is protected by privilege. (3) Civil or criminal proceedings shall not lie against any person for disclosing any information in good faith pursuant to subsection (1). Offences under this Act not deemed to be offences of a political character. Ch. 12:04. Ch. 11:24. Duty to disclose information relating to offences and terrorist acts. [2 of 2010 13 of 2018]. Ch. 11:24. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(4) Any person who fails to comply with subsection (1) commits an offence and is liable on conviction on indictment to a fine of ten thousand dollars and to imprisonment for two years. (5) For the purposes of this section, “regulatory authority” means the Central Bank, the Securities Exchange Commission, the Financial Intelligence Unit, the Trinidad and Tobago Stock Exchange, the Inspector of Financial Institutions and the Commissioner of Co-operatives.
33. (1) Every person shall forthwith disclose to the FIU—
(a) the existence of any property in his possession or control, which to his knowledge is terrorist property or property to which an order made under section 22B applies or which there are reasonable grounds to believe is terrorist property or property to which an order made under section 22B applies; (b) any information regarding a transaction or proposed transaction in respect of terrorist property; or (c) any information regarding a transaction or proposed transaction which there are reasonable grounds to believe may involve terrorist property. (2) The FIU shall disclose to the appropriate authority, any information in his possession relating to any terrorist property if such information is requested or if the Minister is of the view that the information would be relevant to a foreign State. (3) Every financial institution shall report, every three months, to the FIU— (a) if it is not in possession or control of terrorist property that it is not in possession or control of such property; or Duty to disclose information relating to property used for commission of offences under this Act. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) if it is in possession or control of terrorist property that it is in possession or control of such property, and the particulars relating to the persons, accounts and transactions involved and the total value of the property. (4) (Deleted by Act No. 16 of 2011). (5) No civil or criminal proceedings shall lie against any person for making a disclosure or report, in good faith, under subsection (1), (2) or (3). (6) Every person who fails to comply with subsection (1) or (3) commits an offence and shall, on conviction on indictment, be liable to imprisonment for five years.
PART VIII
SEIZURE AND FORFEITURE OF TERRORIST PROPERTY
34. (1) Where a customs officer, immigration officer, or
police officer reasonably believes that property in the possession of a person is terrorist property, he may apply to a Judge for a restraint order in respect of that property. (1A) Where information is forwarded to the Commissioner of Police pursuant to section 22D, and he has reasonable grounds to believe that funds should be restrained, the Commissioner of Police may apply to the Court for an order to restrain such funds. (2) This section applies to property that is being— (a) brought to any place in Trinidad and Tobago for the purpose of being exported from; (b) exported from; or (c) imported into, Trinidad and Tobago. Application for restraint order. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(3) Subject to subsection (4), a restraint order made under subsections (1) and (1A), shall be valid for a period of sixty days, and may, on application, be renewed by a Judge, for a further period of sixty days or until such time as the property referred to in the order is produced in Court in proceedings for an offence under this Act in respect of that property whichever is the sooner. (3A) A restraint order made under subsections (1) and (1A) may make such provision as the Court thinks fit for living expenses and legal expenses of an individual or legal entity, as the case may be. (4) A Judge may release any property referred to in a restraint order made under subsections (1) and (1A) if— (a) he no longer has reasonable grounds to suspect that the property has been, is being or will be used to commit an offence under this Act; or (b) no proceedings are instituted in the High Court for an offence under this Act in respect of that property within one hundred and twenty days of the date of the restraint order. (5) No civil or criminal proceedings shall lie against an officer for a seizure of property, made in good faith, under subsections (1) and (1A). (6) An appeal from a decision of the Judge made under this section shall lie to the Court of Appeal.
35. (1) Where a person is convicted of an offence under
this Act, or an offence under any other Act where the act or omission also constitutes a terrorist act, the Court may order that any property— (a) used for, or in connection with; or (b) obtained as proceeds from, the commission of that offence, be forfeited to the State. (2) Before making a forfeiture order the Judge shall give an opportunity to be heard to any person who— (a) appears to the Court to have an interest in; or (b) claims to be the owner of, the property. Orders for forfeiture of property on conviction for offences under this Act. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(3) Property forfeited to the State under subsection (1) shall vest in the State— (a) if no appeal has been made against the order, at the end of the period within which an appeal may be made against the order; or (b) if an appeal has been made against the order, on the final determination of the matter, where the decision is made in favour of the State. (4) The proceeds of the sale of any property forfeited to the State under subsection (1) shall be paid into the Seized Assets Fund.
36. (1) Where on an ex parte application, made by the
Director of Public Prosecutions to a Judge, the Judge is satisfied that there are reasonable grounds to believe that there is in any building, place or vessel, any property in respect of which an order of forfeiture may be made under section 37— (a) the Judge may issue— (i) a warrant authorising a police officer to search the building, place or vessel for that property and to seize that property if found, and any other property in respect of which that police officer believes, on reasonable grounds, that an order of forfeiture may be made under
section 37; and
(b) a copy of the order under paragraph (a) shall be kept by the Registrar. (1A) The Director of Public Prosecutions shall inform the Attorney General of any application, warrant or order made under this section. (2) On an application made under subsection (1), the Judge may, at the request of the Attorney General and if the Judge is of the opinion that the circumstances so require— (a) appoint a person to take control of, and manage or otherwise deal with, the whole or a part of the property, in accordance with the directions of the Judge; and Orders for seizure and restraint of property. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(b) require any person having possession of the property to give possession thereof to the person appointed under paragraph (a). (3) The power to manage or otherwise deal with property under subsection (2) includes in the case of perishable or rapidly depreciating property, the power to sell that property; and in the case of property that has little or no value, the power to destroy that property. (4) Before a person appointed under subsection (2) destroys any property referred to in subsection (3), he shall apply to a Judge for a destruction order. (5) Before making a destruction order in relation to any property, the Judge shall require notice to be given, in such manner as the Judge may direct, to any person who, in the opinion of the Judge, appears to have an interest in the property and may provide that person with a reasonable opportunity to be heard. (6) A Judge may order that any property in respect of which an application is made under subsection (4), be destroyed if he is satisfied that the property has little or no financial or other value. (7) A management order under subsection (2) shall cease to have effect when the property which is the subject of the management order is returned to an applicant in accordance with the law or forfeited to the State. (8) The Director of Public Prosecutions may at any time apply to a Judge to cancel or vary a warrant or order issued under this section. (9) For the purposes of this section, “Registrar” has the meaning assigned to it under section 2 of the Supreme Court of Judicature Act.
37. (1) The Attorney General may make an application to a
Judge for an order of forfeiture in respect of terrorist property. (2) The Attorney General shall be required to name as respondents to an application under subsection (1) only those Ch. 4:01. Orders for forfeiture of property. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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LAWS OF TRINIDAD AND TOBAGO persons who are known to own or control the property that is the subject of the application. (3) The Attorney General shall give notice of an application under subsection (1) to the respondents named in the application, in such manner as the Judge may direct. (4) Where a Judge is satisfied, on a balance of probabilities, that the property which is the subject of the application is terrorist property, the Judge shall order that the property be forfeited to the State to be disposed of as directed by the Judge. (5) Where a Judge refuses an application under subsection (1), the Judge shall make an order that describes the property and declare that it is not terrorist property. (6) On an application under subsection (1), a Judge may require notice to be given to any person not named as a respondent who in the opinion of the Judge, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application. (7) Where a Judge is satisfied that a person— (a) has an interest in the property which is the subject of the application; and (b) has exercised reasonable care to ensure that the property is not the proceeds of a terrorist act, and would not be used to commit or facilitate the commission of a terrorist act, the Judge shall order that the interest shall not be affected by the order made under subsection (4) and the order shall also declare the nature and extent of the interest in question. (8) A person who claims an interest in property that has been forfeited and who has not been named as a respondent or been given notice under subsection (6) may make an application to the High Court to vary or set aside an order made under subsection (4), not later than sixty days after the day on which the forfeiture order was made. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(9) Pending the determination of an appeal against an order of forfeiture made under this section, property restrained under section 37 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with the property under that section shall continue in that capacity. (10) The provisions of this section shall not affect the operation of any other provision of this Act respecting forfeiture. (11) The proceeds of the sale of any property forfeited to the State under this section shall be paid into the Seized Assets Fund.
38. (1) The Attorney General may enter into an agreement
with the government of any foreign State for the reciprocal sharing of the proceeds or disposition of property confiscated, forfeited or seized— (a) under this Act; or (b) by that foreign State, in circumstances where law enforcement authorities of that foreign State, or of Trinidad and Tobago, as the case may be, have participated in the investigation of the offence that led to the confiscation, forfeiture or seizure of the property or if the law enforcement authorities participation led to the confiscation, forfeiture or seizure of the property under this Act. (1A) Notwithstanding sections 35(4) and 37(4), Trinidad and Tobago may, pursuant to any agreement with any other State for the sharing of forfeited property, share with that State on a reciprocal basis the property derived from forfeiture pursuant to this Act. (2) Property referred to under subsection (1), may be utilised to compensate victims of the offences referred to under this Act. Sharing of forfeited property. [13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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38A. (1) Any customs officer or police officer may seize and detain part of or the whole amount of any cash where there are reasonable grounds for suspecting that it is— (a) intended for use in the commission of an offence under this Act; or (b) is terrorist property. (2) Cash detained under subsection (1) shall not be detained for more than ninety-six hours after seizure, unless a Judge orders its continued detention for a period not exceeding three months from the date of the initial seizure and the detained cash shall be paid into Court. (3) A Judge may order a detention under subsection (1) upon being satisfied that the continued detention of the cash is justified while— (a) its origin or derivation is further investigated; or (b) consideration is given to the institution in Trinidad and Tobago or elsewhere of criminal proceedings against any person for an offence with which the seized item is connected. (4) A Judge may subsequently order continued detention of the cash if satisfied of the matters set forth in subsections (2) and (3), but the total period of detention shall not exceed two years from the date of the order made under those subsections. (5) Subject to subsection (6), cash detained under this
section may be released in whole or in part to the person on
whose behalf it was transported by order of a Judge, that its continued detention is no longer justified upon application by or on behalf of that person and after considering any views of a police officer. (6) Cash detained under this section shall not be released where an application for restraint or forfeiture of the cash is pending under this Act or if proceedings have been instituted in Trinidad and Tobago or elsewhere against any person for an offence with which the cash is connected, unless and until the proceedings on the application or the proceedings related to an offence have been concluded. Seizure and detention of cash. [2 of 2010 13 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(7) Where the application relates to cash that is commingled with other cash, all the cash is subject to continued detention under this subsection. (8) Upon an application by a police officer, a Judge shall order forfeiture of any cash which has been seized and detained under this section if satisfied on the balance of probabilities that the cash directly or indirectly represents— (a) terrorist property; or (b) proceeds of an offence or intended for use in the commission of an offence. (9) Before making an order of forfeiture under subsection (8), the Court shall order that notice be provided to any person who has asserted an interest in the cash and provide an opportunity for that person to be heard. (10) (Repealed by Act No. 13 of 2018).
PART IIA
THE ANTI-TERRORISM UNIT
38B. (1) There is established in the Office of the Attorney General, a unit to be known as “the Anti-Terrorism Unit” (“the Unit”). (2) The functions of the Attorney General under this Act may be exercised by the Attorney General in person or through a public officer or legal officer who is— (a) employed in the Unit; (b) authorised by the Attorney General in writing; and (c) acting under and in accordance with the general or special directions of the Attorney General. (3) Nothing in this section shall be constructed as authorising a public officer or legal officer to make an Order or other statutory instrument under this Act. 38C. (1) The Attorney General shall, within three months after the end of each year, cause a report with respect to the performance of his functions under this Act to be prepared. Establishment of the AntiTerrorism Unit. [20 of 2018]. Annual Report. [20 of 2018]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(2) A report under subsection (1) shall contain such statistical and other information as the Attorney General thinks fit in relation to— (a) court listings; (b) international cooperation; (c) forfeitures; and (d) such other matters as the Attorney General considers necessary. (3) The Attorney General shall cause a copy of the report prepared under subsection (1) to be laid before both Houses of Parliament within one month after its completion.
PART IX
MISCELLANEOUS POWERS
39. (1) The operator of an aircraft or master of a vessel—
(a) departing from Trinidad and Tobago; or (b) registered in Trinidad and Tobago departing from any place outside Trinidad and Tobago, shall, in accordance with Regulations made under this section provide to the— (i) Chief Immigration Officer any information in his possession relating to persons on board or expected to be on board the aircraft or vessel; or (ii) competent authority of a foreign State any information in his possession relating to persons on board or expected to be on board the aircraft or vessel in accordance with the law of that foreign State. (2) Any information provided to the Chief Immigration Officer shall not be used or disclosed by him except for the purpose of protecting national security or public safety. Duty to disclose information relating to passengers of aircraft and vessels. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(3) The Minister may, subject to Regulations made under subsection (4), provide to the competent authority in a foreign State any information in his possession relating to persons entering or leaving Trinidad and Tobago, by land, and that is required by the laws of that foreign State. (4) No information provided to the Chief Immigration Officer under subsection (1) shall be used or disclosed by the Chief Immigration Officer except for the purpose of protecting national security or public safety. (5) The Minister may make Regulations generally to give effect to the purposes of this section, including Regulations— (a) respecting the types or classes of information that may be provided under this section; (b) specifying the foreign States to which the information may be provided.
40. The Minister may, having regard to the interests of
national security and public safety, refuse the application of any person applying for status as a refugee, if he has reasonable grounds to believe that the applicant has committed a terrorist act or is likely to be, involved in the commission of a terrorist act.
41. (1) The Minister may make Regulations in respect of all
matters for which Regulations are required or authorised to be made by this Act. (2) The Minister to whom responsibility for the FIU is assigned may make Regulations, subject to negative resolution of the Parliament prescribing— (a) the type of records to be kept by a financial institution or listed business and the type of information to be included in these records; (b) the procedure to be followed in implementing
section 22C(2)(d);
(c) the periods for which and the methods by which the records referred to in paragraph (a) may be retained; Power to refuse refugee application. Power to make Regulations. [16 of 2011]. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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(d) the measures which a financial institution or listed business shall implement to— (i) ascertain the identity of persons with whom they are dealing; and (ii) treat with circumstances in which sufficient identification data is not made available by an applicant or business; (e) the measures that may be taken by a Supervisory Authority to secure compliance with this Act or to prevent the commission of an unsafe or unsound practice, including— (i) administrative sanctions; and (ii) disciplinary actions when possible; (f) the manner and time frame in which due diligence may be undertaken in respect of existing customers and business relationships established prior to the coming into force of the Proceeds of Crime Act, by a financial institution or listed business; and (g) generally, for the purpose of giving effect to
Part IIIA of this Act.
(3) Regulations made under subsection (1) shall be subject to negative resolution of Parliament.
42. (1) Subject to subsection (2), a financial institution or
listed business which fails to comply with— (a) section 22AB or 22C(1), (2) or (3) commits an offence and is liable on summary conviction to a fine of five hundred thousand dollars and to imprisonment for two years and on conviction on indictment, to a fine of three million dollars and to imprisonment for seven years; or (b) Regulations made under section 41(2) is liable on summary conviction to a fine of five hundred thousand dollars and to imprisonment for two years. Ch. 11:27. Offences and penalties. [16 of 2011 15 of 2014] UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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Annual report.
[13 of 2018].
(2) Where a company commits an offence under sections 22AB and 22C(1), (2) and (3), any officer, director or agent of the company— (a) who directed, authorised, assented to, or acquiesced in the commission of the offence; or (b) to whom any omission is attributable, is a party to the offence and is liable on summary conviction or on conviction on indictment, to the penalty prescribed in subsection (1)(a).
43. The Minister shall cause to be prepared and laid in
Parliament, an annual report on the number of prosecutions, convictions, listed entities and Orders made pursuant to this Act. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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SCHEDULE
CUSTODY RECORD FOR DETAINED PERSON

Entries shall be made in respect of all matters relevant to the detention
of the arrested person and shall be referred to as the Custody Record. In particular, the entries shall be made in respect of the following:
(a) an accurate record of the time and place of— (i) the arrest; (ii) the issue of the direction; and (iii) each interview, including any interview immediately following the arrest of the person detained; (b) the place or places where the interview takes place; (c) the time at which the interview begins and the time at which it ends; (d) any break during the interview; (e) the names of persons present at the interviews; (f) the time and reason for any transfer of the detained person from one place of custody to another as well as the time at which the detention ends; (g) any property secured from the person on his arrest or during his detention; (h) the name and rank of the police officer upon whose authority any action in relation to the detained person is taken; and (i) the ground or grounds, on which the detention is based.
The Custody Record shall be opened as soon as practicable after the
start of a person’s detention.
The person making an entry in the Custody Record shall insert the
time at which the entry is made and his signature against the entry made.
The Custody Record or copy of the Record shall accompany a
detained person to any other place where he is transferred.
A copy of the Custody Record shall be supplied to the person
detained or his legal representative as soon as is practicable after he or the representative makes a request upon his release from detention or his being taken to Court. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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6. The person detained shall be allowed to check and shall be made to
insert his signature in respect of any entry in the Custody Record.
7. An entry shall be made in respect of any refusal of the person
detained to insert his signature where such signature is required.
8. Entries in the Custody Record shall be made as soon as practicable
after the occurrence of the events to which they relate.
9. A police officer of the rank of Inspector or above shall be responsible
for ensuring the accuracy and completeness of the Custody Record and that the Custody Record or a copy of the Record accompanies the detained person on his transfer.
10. Entries in a computerised Custody Record shall be timed and shall
contain evidence of the computer operator’s identity. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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[Subsidiary]
SUBSIDIARY LEGISLATION
FINANCIAL OBLIGATIONS (FINANCING OF TERRORISM) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION

Citation.
Interpretation.
Application of the Financial Obligations Regulations, 2010.
Training of staff.
Customer due diligence in the financing of terrorism.
Report of suspicious transactions and suspicious activities.
Technological developments.
Offences and penalties.
Offences by Companies and other bodies.
Prosecutions.
UNOFFICIAL VERSION
UPDATED TO OCTOBER 30TH 2020
OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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[Subsidiary]
FINANCIAL OBLIGATIONS (FINANCING OF TERRORISM) REGULATIONS made under section 41

These Regulations may be cited as the Financial
Obligations (Financing of Terrorism) Regulations.
In these Regulations—
“financial institution” has the meaning assigned to it in the Proceeds of Crime Act; “FIU” means the Financial Intelligence Unit of Trinidad and Tobago, established under section 3 of the Financial Intelligence Unit of Trinidad and Tobago Act; “listed business” has the meaning assigned to it in the Act; “Supervisory Authority” has the meaning assigned to it in the Financial Obligations Regulations; “terrorist organisation” has the meaning assigned to it in the Act; and “the Act” means the Anti-Terrorism Act.
(1) Subject to subregulation (2), the obligations,
prohibitions and offences contained in the Financial Obligations Regulations, (hereinafter referred to as “the Regulations”) shall apply mutatis mutandis to a financial institution or a listed business, in relation to the financing of terrorism. (2) Every financial institution or listed business to which the Regulations apply, shall also comply with any additional or specific provisions contained in these Regulations.
(1) A financial institution or listed business shall, in
addition to its training obligations under Regulations, make arrangements for the training of its directors and members of staff on the subject of the financing of terrorism. 7/2011. [13 of 2018]. Citation. Interpretation. Ch. 11:27. Ch. 72:01. Ch. 12:07. Sub. Leg. [7/2010]. Application of the Financial Obligations Regulations. [7/2010]. Training of staff. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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[Subsidiary] Financial Obligations (Financing of Terrorism) Regulations (2) A programme of training for the purposes of this regulation, shall include a study of— (a) procedures and controls for the prevention of the misuse of technological developments in terrorist financing schemes; (b) new developments in methods and trends in terrorist financing; and (c) the appropriate internal controls and communication for the purpose of forestalling terrorist financing. (3) The training required by subregulation (1), shall be given— (a) in such a manner that employees at different levels of the financial institution or listed business, would develop the ability to identify funds which may be linked or related to or may be used for terrorist acts, by any known legal entity or terrorist organisations; and (b) continuously, in order to ensure that information and technology available to the directors and staff are constantly being updated.
5. (1) The policies and procedures for customer due
diligence established under Part III of the Regulations, shall be applied by every financial institution or listed business, where it is known or there are reasonable grounds to suspect that funds for a transaction are linked or related to or to be used in whole or in part for the financing of terrorism. (2) A financial institution or listed business shall adopt a risk based approach in determining the standard of due diligence to be applied to a customer or to a person conducting a one-off transaction.
6. (1) In addition to the responsibilities given to the
internal and external auditors or other competent professionals under regulation 10 of the Regulations, they shall report to the Customer due diligence in the financing of terrorism. Sub. Leg. [7/2010]. Report of suspicious transactions and suspicious activities. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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Financial Obligations (Financing of Terrorism) Regulations [Subsidiary] L.R.O. 1/2015 Compliance Officer any suspicion or knowledge that a transaction is linked or related to the financing of terrorism. (2) On receipt of such a report, the Compliance Officer shall consider the same, with a view to determining whether he should submit a suspicious activity or suspicious transaction report to the FIU. (3) Where the Compliance Officer determines that the report referred to in subsection (2) should be submitted, he shall do so immediately, but in any case, within the statutory time frame for so doing.
7. (1) A financial institution or listed business shall pay
special attention to the use of new and developing technology in terrorist financing offences and any patterns of terrorist financing arising from any technology that may favour anonymity. (2) A financial institution or listed business shall take appropriate measures to deal with such patterns referred to in subsection (1).
8. A financial institution or listed business which does not
comply with these Regulations commits an offence and is liable on summary conviction to the penalty prescribed in the Act.
9. (1) Where a company commits an offence under these
Regulations, any officer, director or agent of the company— (a) who directed, authorised, assented to, or acquiesced in the commission of the offence; or (b) to whom any omission is attributable, is a party to the offence and is liable on summary conviction or on conviction on indictment, to the penalty prescribed in the Act. (2) Where a partnership commits an offence under these Regulations and it is proved that the acts or omissions of the partner constitute an offence in accordance with paragraph (a) or (b) of subregulation (1), the partner and the Technological developments. Offences and penalties. [13 of 2018]. Offences by Companies and other bodies. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

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[Subsidiary] Financial Obligations (Financing of Terrorism) Regulations partnership are liable on summary conviction or on conviction on indictment, to the penalty prescribed in the Act. (3) Where an unincorporated association, other than a partnership, commits an offence and it is proved that the acts or omissions of the officer or member of the governing body, constitute an offence in accordance with paragraph (a) or (b) of subregulation (1), that officer or member as well as the unincorporated body, commits an offence and is liable on summary conviction or on conviction on indictment, to the penalty prescribed in the Act. (4) If the affairs of a body corporate are managed by its members, subregulation (1) applies in relation to the acts and omissions of a member in connection with his functions of management, as if he were a director of the body. (5) In this regulation— “partner” includes a person purporting to act as a partner; and “officer”, in relation to a body corporate, means a director, manager, secretary, Chief Executive Officer, member of the committee of management or a person acting in such a capacity.
10. Proceedings for an offence under these Regulations may
not be instituted without the approval of the Director of Public Prosecutions. Prosecutions. UNOFFICIAL VERSION UPDATED TO OCTOBER 30TH 2020 OFFICE OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.laws.gov.tt U N O F F I C I A L

The Consolidated Anti-Terrorism Act and Regulations, Chapter 12:07 (Unofficial Version)

Lineage: In force

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