Anti-Terrorism Act 2018

# EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY

NASSAU 10<sup>th</sup> August, 2018

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# ANTI-TERRORISM ACT, 2018

## Arrangement of Sections

| Section | Title |
|---------|-------|
| **PART I - PRELIMINARY** | 4 |
| 1. Short title | 4 |
| 2. Interpretation | 4 |
| 3. Objectives of Act | 9 |
| **PART II – WEAPONS OF MASS DESTRUCTION** | 10 |
| 4. Interpretation of Part | 10 |
| 5. Weapons training | 10 |
| 6. Restriction on development of certain biological weapons and toxins | 11 |
| 7. Use of chemical weapons | 12 |
| 8. Use of nuclear weapons | 12 |
| 9. Financing of proliferation of weapons of mass destruction | 13 |
| 10. Exceptions | 15 |
| 11. Defences | 15 |
| 12. Extra-territorial application | 16 |
| 13. Powers of entry | 16 |
| **PART III – TERRORIST OFFENCES** | 17 |
| 14. Offence of terrorism | 17 |
| 15. Offence of financing of terrorism | 19 |
| 16. Use of property for commission of terrorist acts | 20 |
| 17. Arrangements for retention of control of terrorist property | 20 |
| 18. Dealing with terrorist property | 21 |
| 19. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts | 21 |
| 20. Provision of training and instruction to terrorist groups and persons committing terrorist acts | 21 |
| 21. Attending or receiving training to commit a terrorist act | 22 |
| 22. Incitement, promotion or solicitation of property for the commission of terrorist acts | 22 |
| 23. Providing facilities in support of terrorist acts | 22 |
| 24. Travelling for the purpose of committing a terrorist act | 23 |
| **CONVENTION OFFENCES** | 23 |
| 25. Threats to commit offences under this Part | 23 |
| 26. Taking of preparatory steps to commit an offence | 23 |
| 27. Endangering the safety of maritime navigation | 24 |

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## PART I - PRELIMINARY

### 1. Short title.
This Act may be cited as the Anti-Terrorism Act, 2018.

### 2. Interpretation.
(1) In this Act, unless the context otherwise requires —
“biological weapon” means any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict;
“bearer negotiable instrument” includes—
(a) a monetary instrument such as travellers’ cheque, negotiable instrument including cheque, promissory note and money order that is either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in

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such form that title thereto passes or payment is made upon delivery;
(b) an incomplete instrument including a cheque, promissory note or money order signed, but with the payee’s name omitted;
“Charter” means the Charter of The United Nations agreed at San Francisco on the 26<sup>th</sup> day of June, 1945, which established the international organisation to be known as the United Nations, as amended from time to time in conformity with Article 108 of the Charter;
“chemical weapon” means —
(a) toxic chemicals and their precursors;
(b) munitions and other devices designed to cause death or harm through the toxic chemicals released by them;
(c) equipment designed for use in connection with munitions and devices falling within paragraph (b);
“Competent Authority” means the Attorney-General;
“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 Conventions listed in the Schedule;
“Confiscated Assets Fund” means the Confiscated Assets Fund established under section 90 of the Proceeds of Crime Act, 2018;
“designation” means the identification of a person or entity that is subject to targeted financial sanctions pursuant to —
(a) United Nations Security Council resolution 1267 (1999) and its successor resolutions;
(b) Security Council Resolution 1373 (2001), and its successor resolutions, including the determination that the relevant sanctions will be applied to the person or entity and the public communication of that determination;
(c) Security Council resolution 1718 (2006) and its successor resolutions;
(d) Security Council resolution 1737 (2006) and its successor resolutions; and
(e) any future Security Council resolutions which impose targeted financial sanctions in the context of the financing of proliferation of weapons of mass destruction;
“enforcement authority” means in relation to —

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(a) domestic proceedings, the Director of Public Prosecutions, and any person authorised by the Director of Public Prosecutions;
(b) proceedings undertaken in response to any international request to the Competent Authority, the Attorney-General or any person designated by him to act in those proceedings under this Act;
“entity” means two or more persons howsoever styled, group, cell, unincorporated association or organization or similar body acting together;
“Financial Action Task Force” means the task force established by Finance Ministers of France, Italy, Germany, Japan, United Kingdom, United States and Canada formed in 1989 to develop and provide national and international policies to combat money laundering and terrorist financing;
“FIU” means the Financial Intelligence Unit established under section 3 of the Financial Intelligence Unit Act (Ch. 367);
“financial institution” has the meaning assigned to it in section 3 of the Financial Transactions Reporting Act (Ch. 368);
“foreign terrorist fighter” means an individual who commits an offence under section 24(2);
“funds” means any assets, economic resources, property of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, wherever located, legal documents or instruments in any form, electronic or digital, evidencing title to, or interest in, such assets, economic resources or property, including but not limited to currency, bank credits, deposits and other financial resources, travellers cheques, bank cheques, money orders, promissory notes, shares, non-shareholding interest, securities, bonds, drafts, letters of credit, and any interest in, dividends or others income on or value accruing from or generated by, in full or in part, any such assets, economic resources or property;
“instrumentality” and “instrumentalities” includes any property used or intended to be used, in any manner, wholly or in part in or in connection with the commission of a criminal offence or criminal offences and shall include property that is used in or intended or allocated for use in the commission of any of the identified risks;
“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;
“items subject to legal privilege” means —

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(a) communications between a counsel and attorney and his client made in connection with the giving of legal advice to the client; and
(b) communications between a counsel and attorney and his client or between such counsel and attorney and any other person made in connection with or in contemplation of legal proceedings and for the purpose of such proceedings, when they are in the possession of a person who is entitled to possession of them; but items held resulting from criminal conduct or with the intention of furthering a criminal purpose are not items subject to legal privilege:
Provided that the legal privilege shall not extend to information regarding the identity and address of the client or principal;
“judge” means a judge of the Supreme Court of The Bahamas;
“legal entity” means a body corporate, foundation, trust, partnership, fund or any other entity;
“listed entity” means an entity in respect of which an Order under section 45 has been made;
“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 responsible for national security;
“National Identified Risk Framework Coordinator” means the person nominated as the National Identified Risk Framework Coordinator in accordance with section 5 of the Proceeds of Crime Act, 2018;
“nuclear weapon” means a weapon which contains nuclear material within the meaning of Article 1 (a) and (b) of the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on the 3<sup>rd</sup> March, 1980;
“operator” in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;
“precursor” means a substance from which another is formed, especially by metabolic reaction;
“Security Council” means the Security Council constituted under Chapter V of the Charter;
“state or government facility” means any permanent or temporary facility or conveyance that is occupied or used by representatives of a State, members of government, the legislature or the judiciary or by officials or employees of a State or any other public authority or

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entity or by employees or officials of an intergovernmental organization in connection with their official duties;
“terrorist” includes a person who—
(a) commits a terrorist act by any means directly or indirectly, unlawfully and willfully;
(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 terrorist 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 act 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 this Part, Part III or Part IV;
“terrorist organisation, group or entity” 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 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 intended to be used to commit a terrorist act;

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(c) property which has been, is being, or is intended to be used by a terrorist organisation;
(d) property owned or controlled by, or on behalf of, a terrorist organisation; or
(e) property which has been collected for the purpose of providing support to a terrorist organisation or funding a terrorist act;
“United Nations Convention Against Transnational Organized Crime” means the United Nations Convention Against Transnational Organized Crime adopted by the United Nations General Assembly on the 15<sup>th</sup> November 2000; signed in December, 2000 at Palermo, Italy, entered into force on the 29<sup>th</sup> September, 2003 and deposited with the Secretary General of the United Nations and signed by The Bahamas on the 9<sup>th</sup> April, 2001.
“vessel” means anything made or adapted for the conveyance by water, of people or property;
“weapon” includes a firearm, explosive, chemical, biological or nuclear weapon.
(2) Parts II and III apply whether or not an offence is committed inside or outside of The Bahamas.

### 3. Objectives of Act.
The objectives of this Act are to —
(a) strengthen The Bahamas’ capacity to suppress and detect terrorist acts or acts designed to facilitate a terrorist act or actions and to bring to trial or extradite, persons committing those acts;
(b) take comprehensive measures to prevent the national territory, resources and financial services of The Bahamas from being used to commit or finance terrorist acts;
(c) cooperate with other states in suppressing terrorism by implementing the United Nations and other international instruments relating to the combating of terrorism; and
(d) ensure that goods are not supplied or exported and services are not provided, in circumstances where the goods will or may be used in, or the services will or may assist in the development, production, acquisition or stockpiling of weapons that are capable of causing mass destruction or missiles of any kind that are capable of delivering such weapons.

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## PART II – WEAPONS OF MASS DESTRUCTION

### 4. Interpretation of Part.
For the purposes of this Part —
“device” means a weapon of mass destruction.
“transfer” means buying or otherwise acquiring or agreeing to do so, seeking, selling or otherwise disposing or agreeing with another to do so or making such arrangements;
“weapons of mass destruction” means a nuclear, biological, or chemical weapon able to cause widespread devastation and loss of life;
“to acquire an object” means to buy it, hire it, borrow it or accept it as a gift or obtain possession of it by any other means; and
“to dispose of an object” means to sell it, let it on hire, lend it, abandon it or give it.

### 5. Weapons training.
(1) Subject to sections 10 and 11, a person commits an offence if he —
(a) provides instruction or training;
(b) wilfully receives instruction or training; or
(c) invites another to receive or provide instruction or training, in the making or use of —
(i) firearms;
(ii) explosives;
(iii) chemical, biological or nuclear weapons; or
(iv) any other weapon or means of mass destruction.
(2) A person commits an offence under subsection (1) whether or not the instruction, training or invitation takes place inside or outside of The Bahamas or by electronic means.
(3) For the purpose of subsections (1) and (2) —
(a) a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons; and
(b) an invitation to receive instruction or training may be either general or addressed to one or more specific persons.
(4) Subsection (1) does not apply to The Royal Bahamas Police Force, The Royal Bahamas Defence Force or to any person permitted by law or licence to carry out any of those actions specified in that subsection.
(5) A person who commits an offence under this section is liable —

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(a) on summary conviction, to a fine of four hundred thousand dollars, or imprisonment for ten years, or both; or
(b) on conviction on indictment, to a fine of one million dollars, or imprisonment for thirty years, or both.
(6) A court may or before which a person is convicted of an offence under this section may order the forfeiture of anything which the court considers to have been in the person’s possession for use or for any purposes connected with the offence.
(7) Prior to making an order under subsection (6) a court shall give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
(8) An order under subsection (6) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

### 6. Restriction on development of certain biological weapons and toxins.
(1) Subject to sections 10 and 11, any person who develops, produces, stockpiles, acquires or retains —
(a) any biological agent or toxin of a type and in a quantity that has no justification for prophylactic, protective or peaceful purposes; or
(b) any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict,
commits an offence.
(2) A person who —
(a) transfers any biological agent or toxin to another person or enters into an agreement to do so; or
(b) makes arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so, if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reasons to suspect that that is the case,
commits an offence.
(3) This section applies to acts done inside or outside of The Bahamas.
(4) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for their natural life.
(5) For the purposes of this section —

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“biological agent” means any microbe including bacterium, virus, fungus or other micro-organism whether arising naturally or as a result of human manipulation;
“toxin” means a poison of plant or animal origin, especially one produced by or derived from micro organisms and acting as an antigen in the body.

### 7. Use of chemical weapons.
(1) Subject to sections 10 and 11, a person commits an offence who —
(a) uses a chemical weapon or any chemical agent;
(b) develops or produces or participates in the development or production of a chemical weapon;
(c) has a chemical weapon in his possession;
(d) participates in the transfer of a chemical weapon; or
(e) engages in military preparations, or in preparations of a military nature, intending to use a chemical weapon.
(2) For the purposes of subsection (1)(b), a person participates in the development or production of a chemical weapon if —
(a) he knowingly does any act which facilitates the development by another of the capability to produce or use a chemical weapon; or
(b) he facilitates the making by another of a chemical weapon knowing or having reason to believe that his act has or will have that effect.
(3) For the purposes of this section, “chemical agent” means solid, liquid, or gaseous substance that produces an effect on a living organism by acting on the body tissue, or in an environment by interacting with air, water, or soil.
(4) This section applies to acts done inside or outside of The Bahamas.
(5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.

### 8. Use of nuclear weapons.
(1) Subject to sections 10 and 11, a person commits an offence who —
(a) knowingly causes or attempts to cause a nuclear weapons explosion;
(b) develops or produces or participates in the development or production of a nuclear weapon;
(c) has a nuclear weapon in his possession; or
(d) participates in the transfer of a nuclear weapon;

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(e) engages in military preparations or in preparation of a military nature intending to use or threaten to use a nuclear weapon.
(2) A person who unlawfully and intentionally 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 —
(a) to cause death or serious bodily injury;
(b) to cause damage to property or the environment; or
(c) 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.
(3) A person who —
(a) threatens 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 which indicates the credibility of the threat or by use of force,
commits an offence.
(4) For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which —
(a) knowingly facilitates the development by another of the capability to produce or use a nuclear weapon; or
(b) facilitates the making by another of a nuclear weapon knowing or having reason to believe that his act has or will have that effect.
(5) This section applies to acts done inside or outside of The Bahamas.
(6) Proceedings for an offence committed under this section outside The Bahamas may be taken and the offence may for incidental purposes be treated as having been committed in The Bahamas.
(7) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.

### 9. Financing of proliferation of weapons of mass destruction.
(1) Any person who by any means, directly or indirectly, willfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, with the intention or in the knowledge that such funds are to be used in whole or in part —
(a) to manufacture, develops or produces or participates in the development or production of a nuclear, biological, or chemical weapon for use in terrorists acts;

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(b) to distribute, or supply a nuclear, biological or chemical weapon to carry out a terrorist act;
(c) to train persons of groups of persons to develop or produce or participate in the development or production of a nuclear, biological or chemical weapon for use, by a terrorist or by a terrorist organisation for any purpose;
(d) conducts and the constitutes an offence under or defined in any of the Treaties listed in the Schedule; or
(e) to carry out any other act —
(i) that has the purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or to refrain from doing any act; and
(ii) that is intended to cause —
(aa) death or serious bodily harm to a civilian or in a situation of armed conflict, to any person not taking an active part in the hostilities;
(bb) the risk, damage, interference or disruption of the kind mentioned in subparagraph (bb), (cc) or (dd) of section 13 (1) as the case may be,
commits the offence of financing of proliferation of weapons of mass destruction.
(2) An offence under subsection (1) is committed irrespective of whether —
(a) the funds are actually used to manufacture, develop or produce nuclear, biological or chemical weapons to commit or attempt to commit a terrorist act;
(b) the funds are actually used to distribute or supply a nuclear, biological or chemical weapon to carry out 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 nuclear, biological of chemical 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 twenty-five years.
(4) A director or person in charge of a legal entity who commits an offence under this section is liable on conviction on indictment to a fine of twenty-five million dollars and to imprisonment for twenty-five years.
(5) Where a body corporate or its director, manager, secretary or other similar officer concerned with the management of a body corporate has been convicted of an offence under this section, the Court shall have the power to —

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(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 Confiscated Assets Fund; and
(d) prohibit the body corporate from performing any further activities.
(6) The taking of preparatory steps including but not limited to acquiring material or participating in the planning of 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.

### 10. Exceptions.
(1) Nothing in section 5, 7, 8 or 9 applies —
(a) to an act which is authorised under subsection (2); or
(b) to an act done in the course of an armed conflict in the defence of The Bahamas or for the purpose of preserving law and order in The Bahamas.
(2) The National Security Council may —
(a) authorise any act which would otherwise contravene sections 5, 7, 8 or 9; or
(b) withdraw or vary any authorisation given under this subsection.
(3) Any question arising in proceedings for an offence under section 5, 7, 8 or 9 as to whether anything was done in the course of an armed conflict shall be determined by the Minister.
(4) A certificate purporting to set out any such determination and to be signed by the Minister shall be received in evidence in any such proceedings and shall be presumed to be conclusive and so signed unless the contrary is shown.

### 11. Defences.
(1) In proceedings for an offence under section 5, 7, 8 or 9 relating to an object it is a defence for the accused to show that he did not know and had no reasonable cause to believe that the object was a weapon for the purposes of those sections.
(2) Notwithstanding subsection (1), an accused person shall be taken to have shown that fact where provided that —
(a) sufficient evidence is adduced to raise an issue with respect to it; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

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(3) In proceedings for an offence under this Act it is also a defence for the accused to show that he knew or believed that the object was a weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the police of his knowledge or belief.

### 12. Extra-territorial application.
Proceedings for an offence committed under section 5, 6, 7, 8 or 9 outside The Bahamas may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of The Bahamas.

### 13. Powers of entry.
(1) Where a peace officer reasonably suspects that a person is in possession of a biological, chemical or nuclear weapon, he may enter any building or premises without warrant and seize and take possession by whatever means to secure lawful custody of the same.
(2) Subsections (4) to (7) shall apply mutatis mutandis to an entry without warrant pursuant to subsection (1).
(3) If a Magistrate is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 5, 6, 7, 8 or 9 is to be found on any premises he may issue a warrant authorising a police officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search the premises.
(4) The powers of a police officer who enters the premises under the authority of the warrant include power —
(a) to take with him such other persons and such equipment as appear to him to be necessary;
(b) to inspect, seize and retain any substance, equipment or document found on the premises;
(c) to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form—
(i) in which he can read and copy it; or
(ii) from which it can readily be produced in a form in which he can read and copy it;
(d) to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 5, 6, 7, 8 or 9; and
(e) to search or cause to be searched any person on the premises who the police officer has reasonable cause to believe may have in his

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possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under sections 5, 6, 7, 8 or 9.
(5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a police officer.
(6) A person who —
(a) willfully obstructs a police officer in the exercise of a power conferred by a warrant under this section; or
(b) fails without reasonable excuse to comply with a reasonable request made by a police officer for the purpose of facilitating the exercise of such a power,
commits an offence.
(7) A person who commits an offence under subsection (6) is liable —
(a) on summary conviction, to a fine not exceeding ten thousand dollars, or imprisonment for two years, or both; and
(b) on conviction on indictment to a fine not exceeding twenty thousand dollars, or to imprisonment for three years, or to both.

## PART III – TERRORIST OFFENCES

### 14. Offence of terrorism.
(1) A person or terrorist entity who in or outside The Bahamas carries out —
(a) an act that constitutes an offence under or defined in any of the treaties listed in the Schedule; or
(b) any other act —
(i) that has the purpose by its nature or context, to intimidate the public or to compel a government or an international organisation to do or to refrain from doing any act; and
(ii) that is intended to cause —
(aa) death or serious bodily harm to a civilian or in a situation of armed conflict, to any other person not taking an active part in the hostilities;
(bb) serious risk to health or safety of the public or any segment of the public;
(cc) substantial property damage; whether to public or private property, where the damage involves a risk of the kind mentioned in sub-paragraph (bb) or an

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interference or disruption of the kind mentioned in sub-paragraph (dd); or
(dd) serious interference with or serious disruption of an essential service, facility or system, whether public or private; not being an interference or disruption resulting from lawful advocacy or from protest, dissent or stoppage of work,
(ee) 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;
(ff) cybercrime resulting in any offence under this Act,
commits an offence of terrorism and on conviction on information where death ensues and where that act would have constituted the offence of murder or treason, whether prior to or after the commencement of this Act, may be sentenced to death; or in any other case, is liable to imprisonment for life.
(2) A person or terrorist entity acting with a common purpose who in or outside of The Bahamas —
(a) commits the offence of terrorism by any means, directly or indirectly, unlawfully and wilfully;
(b) participates as an accomplice in the offence of terrorism or the financing of terrorism as set forth in subsection (1) and (2) above;
(c) organises or directs others to commit the offence of terrorism or the financing of terrorism; or
(d) contributes to the commission of the offence of terrorism or the financing of terrorism by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist acts or the financing of terrorism with the knowledge of the intention of the group to commit the terrorist acts or the financing of terrorism,
commits the offence of terrorism and on conviction on information where death ensues and where that act would have constituted the offence of murder or treason, whether prior to or after the commencement of this Act, may be sentenced to death or in any other case, is liable to imprisonment for life.

### 15. Offence of financing of terrorism.
(1) Any person who by any means, directly or indirectly, willfully provides or collects funds, provides financial services or makes such services available to persons, or attempts to do so, 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 or by a terrorist organisation for any purpose;
(c) conducts an act that constitutes an offence under or defined in any of the Treaties listed in the Schedule;
(d) in order to facilitate travel by an individual to a foreign State for the purpose of —
(i) carrying out a terrorist act; or
(ii) participating in, or provide instruction or training to carry out a terrorist act;
(e) by a listed entity;
(f) by an entity owned or controlled, directly or indirectly by a listed entity;
(g) by a person or entity acting on behalf of, or at the direction of, a designated person or listed entity;
(h) to facilitate the travel or activities of a foreign terrorist fighter; or
(i) to carry out any other act —
(i) that has the purpose by its nature or context, to intimidate the public or to compel a government or an international organization to do or to refrain from doing any act; and
(ii) that is intended to cause —
(aa) death or serious bodily harm to a civilian or in a situation of armed conflict, to any person not taking an active part in the hostilities;
(bb) the risk, damage, interference or disruption of the kind mentioned in subparagraph (bb), (cc) or (dd) of section 14 (1) as the case may be,
commits the offence of financing of terrorism.
(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

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