Law No. 8 of 2015 Concerning the Regulation of Lists of Terrorist Entities and Terrorists

Updated version from the Presidential Press 1 Decision of the President of the Arab Republic of Egypt Law No. 8 of 2015 Concerning the Regulation of Lists of Terrorist Entities and Terrorists

The President of the Republic, Having reviewed the Constitution; Having reviewed the Penal Code; Having reviewed the Criminal Procedures Law; Having reviewed the Law on the Judicial Authority issued by Law No. 46 of 1972; Having reviewed the International Convention related to the suppression and combating of terrorism and its financing; After approval by the Council of Ministers; And based on the opinion of the State Council; Has decided The following Law:

Article 1 For the application of the provisions of this Law, the following words and phrases shall have the meanings indicated alongside each of them:

Terrorist Entity: Associations, organizations, groups, gangs, cells, companies, unions, or anything similar, or other gatherings, regardless of their nature or legal or factual form, whenever they practice or their purpose is to call by any means, inside or outside the country, to harm individuals, instill fear among them, endanger their lives, freedoms, rights, or security, or cause damage to the environment, natural resources, antiquities, communications, land, air, or sea transport, or to money or other assets, or to buildings, public or private property, or to occupy or seize them, or to prevent or obstruct public authorities, bodies, or judicial entities, government agencies, local units, places of worship, hospitals, educational institutions and centers, or other public facilities, or diplomatic and consular missions, or regional and international organizations in Egypt from performing their work or exercising all or part of their activities, or to resist them, or to disrupt public or private transport, prevent its operation, obstruct it, or subject it to prohibition by any means, or if their purpose is to call by any means to disrupt public order, endanger the safety of society, its interests, or security, or to suspend the provisions of the Constitution or laws, or to prevent any state institution or any public authority from exercising its work, or to assault the personal freedom of citizens or other freedoms and public rights guaranteed by the Constitution and law, or to harm national unity, social peace, or national security.

1. This shall also apply to the aforementioned bodies and persons whenever they practice, target, or their purpose is to carry out any of those acts, even if not directed towards the Arab Republic of Egypt.

Terrorist: Any natural person who commits, attempts to commit, incites, threatens, or plans, inside or outside, a terrorist crime by any means, whether individually or in cooperation with others in a joint criminal project, or who assumes leadership, direction, management, creation, establishment, or membership in any of the terrorist entities mentioned in Article (1) of this Law, or who finances them, or participates in their activities with knowledge thereof.

Money or Other Assets: All financial assets and economic resources, including oil and other natural resources, and property of any kind, whether material or intangible, movable or immovable, regardless of the means of acquisition, and documents and legal instruments, national or foreign currencies, securities or commercial papers, instruments and deeds confirming all the foregoing, regardless of their form, including digital or electronic form, and all rights related to any of them, including bank credit, traveler's checks, bank checks, and letters of credit, and any interest, profits, or other income sources accrued from or generated by these money or other assets, or any other assets used or likely to be used to obtain financing, products, or services.

Financing: Collecting, receiving, possessing, supplying, transferring, or providing money, weapons, ammunition, explosives, equipment, data, information, materials, or other things, directly or indirectly, by any means, with the intent to use them, all or part of them, in committing any terrorist crime, or knowing that they will be used for that purpose, or by providing safe havens for one or more terrorists, or for those who finance them by any of the aforementioned methods.

Freezing of Money or Other Assets: The temporary prohibition imposed on the transfer, movement, exchange, conversion, or disposal of money or other assets, based on the decision issued in accordance with the provisions of Article (3) of this Law.

Updated version from the Presidential Press 2 *The phrase "Money or Other Assets" is replaced by the word "Money" pursuant to Law No. 14 of 2020. *The definitions of "Terrorist Entity" and "Money" in Article (1) are replaced by the text of Article before amendment pursuant to Law No. 14 of 2020:

For the application of the provisions of this Law, the following words and phrases shall have the meanings indicated alongside each of them:

Terrorist Entity: Associations, organizations, groups, gangs, cells, or other gatherings, regardless of their legal or factual form, whenever they practice or their purpose is to call by any means, inside or outside the country, to harm individuals, instill fear among them, endanger their lives, freedoms, rights, or security, or cause damage to the environment, natural resources, antiquities, communications, land, air, or sea transport, or to money or buildings, public or private property, or to occupy or seize them, or to prevent or obstruct public authorities, bodies, or judicial entities, government agencies, local units, places of worship, hospitals, educational institutions and centers, or other public facilities, or diplomatic and consular missions, or regional and international organizations in Egypt from performing their work or exercising all or part of their activities, or to resist them, or to disrupt public or private transport, prevent or obstruct its operation, or subject it to danger by any means, or if their purpose is to call by any means to disrupt public order, endanger the safety of society, its interests, or security, or to suspend the provisions of the Constitution or laws, or to prevent any state institution or any public authority from exercising its work, or to assault the personal freedom of citizens or other freedoms and public rights guaranteed by the Constitution and law, or to harm national unity, social peace, or national security.

This shall also apply to the aforementioned bodies and persons whenever they practice, target, or their purpose is to carry out any of those acts, even if not directed towards the Arab Republic of Egypt.

Terrorist: Any natural person who commits, attempts to commit, incites, threatens, or plans, inside or outside, a terrorist crime by any means, whether individually or in cooperation with others in a joint criminal project, or who assumes leadership, direction, management, creation, establishment, or membership in any of the terrorist entities mentioned in Article (1) of this Law, or who finances them, or participates in their activities with knowledge thereof.

Money: All assets and property of any kind, whether material or intangible, movable or immovable, including documents, national or foreign currencies, securities or commercial papers, instruments and deeds confirming all the foregoing, regardless of their form, and all rights related to any of them.

Financing: Collecting, receiving, possessing, supplying, transferring, or providing money, weapons, ammunition, explosives, equipment, data, information, materials, or other things, directly or indirectly, by any means, with the intent to use them, all or part of them, in committing any terrorist crime, or knowing that they will be used for that purpose, or by providing safe havens for one or more terrorists, or for those who finance them by any of the aforementioned methods.

Freezing of Money: The temporary prohibition imposed on the transfer, movement, exchange, conversion, or disposal of money, based on the decision issued in accordance with the provisions of Article (3) of this Law.

Article 2 The Public Prosecution shall maintain a list called the "List of Terrorist Entities," on which terrorist entities decided by the specialized panel mentioned in Article (3) of this Law to be included on the list, and those against whom final criminal judgments have been issued conferring this description upon them, shall be registered.

The Public Prosecution shall also maintain another list called the "List of Terrorists," on which the names of terrorists shall be registered if the aforementioned panel decides to include them, or if a final criminal judgment has been issued against any of them conferring this description upon them.

The same provisions applicable to the List of Terrorist Entities shall apply to this list.

Article 3 One or more panels of the Criminal Court at the Cairo Court of Appeal, designated annually by the General Assembly of the Court, sitting in camera, shall have jurisdiction to hear requests for inclusion on both the List of Terrorist Entities and the List of Terrorists.

The request for inclusion shall be submitted by the Public Prosecutor to the specialized panel, accompanied by investigations, documents, inquiries, or information supporting this request.

The request for inclusion, with respect to entities and persons whose acts are not directed towards the Arab Republic of Egypt, shall be based on a request submitted to the Public Prosecutor by the Ministry of Foreign Affairs in coordination with the Ministry of Justice, or by state security authorities to the Public Prosecutor.

The specialized panel shall rule on the request for inclusion with a reasoned decision within seven days from the date of its submission to the panel, including the necessary documents.

*Paragraph Two amended pursuant to Law No. 11 of 2017. Text of the paragraph before amendment: The request for inclusion shall be submitted by the Public Prosecutor to the specialized panel, accompanied by investigations and documents supporting this request.

Updated version from the Presidential Press 3

Article 4 Inclusion on either of the lists shall be for a period not exceeding five years.

If the inclusion period expires without a final judgment conferring the criminal description mentioned in Article (1) of this Law on the included entity or terrorist, the Public Prosecution must refer the matter again to the aforementioned panel to consider extending the inclusion for another period; otherwise, the name of the entity or natural person must be removed from the list from the date of expiration of that period.

The Public Prosecutor may, during the inclusion period and based on justifications provided, request the panel mentioned in Article (3) of this Law to remove the name of the entity or natural person included on either of the lists.

Paragraph One amended pursuant to Law No. 11 of 2017. Text before amendment: Inclusion on either of the lists shall be for a period not exceeding three years.

Article 5 The decision of inclusion on either of the lists, the decision to extend its duration, and the decision to remove the name from either of them shall be published in the Official Gazette, free of charge.

*Amended pursuant to Law No. 2 of 2020. Text of the Article before amendment: The decision of inclusion on either of the lists, the decision to extend its duration, and the decision to remove the name from either of them shall be published in the Official Gazette.

Article 6 Interested parties and the Public Prosecution may appeal the decision issued regarding inclusion on either of the aforementioned lists within sixty days from the date of publication of the decision before the Criminal Panel at the Court of Cassation designated annually by the General Assembly of the Court, in accordance with standard appeal procedures. Interested parties may include in the appeal a request to allow the exclusion of certain amounts from the frozen money or other assets to meet their needs for expenses required for purchasing food, rent, medicines, medical treatment, or other expenses.

*Paragraph Two added pursuant to Law No. 14 of 2020.

Article 7 The following consequences shall automatically result from the publication of the inclusion decision and throughout its duration, unless the panel mentioned in Article (3) of this Law decides otherwise:

First - Regarding Terrorist Entities:

1. Prohibition of the terrorist entity and suspension of its activities.
2. Closure of places designated for it and prohibition of its meetings.
3. Prohibition of financing or collecting money or items for the entity, whether directly or indirectly.
4. Freezing of money or other assets owned by the entity or its members, whether owned entirely by the entity or as a share in joint ownership, and the proceeds generated from them, or controlled by the entity directly or indirectly, and money or other assets of persons and entities operating through it.
5. Prohibition of joining the entity or calling for it, promoting it, or raising its slogans.

Second - Regarding Terrorists:

1. Inclusion on travel ban and arrival watch lists, or prohibiting the entry of foreigners.
2. Revocation or cancellation of the passport, or prohibition of issuing a new passport or renewing it.
3. Loss of the good conduct and reputation condition required for holding public, judicial, or local positions.
4. Non-appointment or non-contracting for public jobs or in public sector or public business sector companies, as applicable.
5. Suspension from work with payment of half the salary.
6. Freezing of money or other assets owned by the terrorist, whether entirely or as a share in joint ownership, and the proceeds generated from them, or controlled by them directly or indirectly, and money or other assets of persons and entities operating through them.
7. Prohibition of practicing all civil or advocacy activities under any name.
8. Prohibition of financing or collecting money or items for the terrorist, whether directly or indirectly, and prohibition of receiving money, transferring it, and other similar financial services.
9. Suspension of membership in professional syndicates, company boards of directors, associations, institutions, and any entity in which the state or citizens participate to some extent, and boards of directors of clubs and sports unions, and any entity designated for public benefit.

In all cases, the rights of persons acting in good faith shall be respected in implementing the consequences resulting from the publication of inclusion decisions issued in accordance with the provisions of this Article.

All state authorities, bodies, agencies, and organs shall be committed, within the limits of their jurisdiction, to implementing and enforcing the aforementioned consequences, and to notifying the concerned authorities inside and outside the country to implement the effects of inclusion on either of the lists.

Updated version from the Presidential Press 4 Text of the Article before amendment: The following consequences shall automatically result from the publication of the inclusion decision, and throughout its duration, unless the panel mentioned in Article (3) of this Law decides otherwise:

First - Regarding Terrorist Entities:

1. Prohibition of the terrorist entity and suspension of its activities.
2. Closure of places designated for it and prohibition of its meetings.
3. Prohibition of financing or collecting money or items for the entity, whether directly or indirectly.
4. Freezing of money owned by the entity or its members when used in practicing terrorist activity.
5. Prohibition of joining the entity or calling for it, promoting it, or raising its slogans.

Second - Regarding Terrorists:

1. Inclusion on travel ban and arrival watch lists, or prohibiting the entry of foreigners into the country.
2. Revocation or cancellation of the passport, or prohibition of issuing a new passport.
3. Loss of the good conduct and reputation condition required for holding public or judicial positions.
4. Freezing of the terrorist's money when used in practicing terrorist activity.
5. Prohibition of practicing all civil or advocacy activities under any name.

*Item (5) added pursuant to Law No. 11 of 2017.

Article 8 In cases where the nature of the frozen money or other assets requires the appointment of an administrator, the court's decision must designate who shall administer this money or other assets, after obtaining the opinion of the Public Prosecution.

The appointed administrator shall take possession of the frozen money or other assets and proceed to inventory them in the presence of interested parties and a representative of the Public Prosecution or an expert appointed by the court. The appointed administrator shall be committed to preserving the money or other assets and managing them properly, and returning them with the collected proceeds in accordance with the provisions of the Civil Law regarding agency in administrative acts, deposit, and custody, as regulated by a decision from the Minister of Justice.

*The phrase "Money or Other Assets" is replaced by the word "Money" pursuant to Law No. 14 of 2020.

Article 8 Bis If the Public Prosecutor has serious information or indications of the existence of fixed or movable assets obtained from the activities of any terrorist or terrorist entity, included or not included on the Lists of Terrorist Entities or Terrorists, or used to finance them in any way, or to finance those affiliated with or connected to them, they may order the attachment of these money or other assets and prevent their owners or possessors from disposing of them.

The attachment and prohibition of disposal order shall be submitted to the panel mentioned in Article (3) of this Law within one month from the date of its issuance, for consideration of its confirmation, cancellation, or amendment.

*The phrase "Money or Other Assets" is replaced by the word "Money" pursuant to Law No. 14 of 2020. *Added pursuant to Law No. 11 of 2017.

Article 9 In the field of combating the activities of terrorist entities and terrorists, judicial authorities and Egyptian agencies concerned with terrorism affairs - each within their jurisdiction and in coordination with each other - shall cooperate with their foreign counterparts through the exchange of information, assistance, judicial requests, extradition of persons and items, recovery of money or other assets, and transfer of convicts, and notifying concerned countries and organizations of the decisions mentioned in this Law, and other forms of judicial and informational cooperation, all in accordance with the rules established by international conventions in force in the Arab Republic of Egypt, or in accordance with the principle of reciprocity.

If an order for international cooperation is issued with another state in the field of activating procedures specified according to mechanisms for freezing money or other assets, the maximum possible information regarding the identification of included persons or entities and information supporting the inclusion request must be provided.

*The phrase "Money or Other Assets" is replaced by the word "Money" pursuant to Law No. 14 of 2020. *Paragraph Two added pursuant to Law No. 14 of 2020.

Article 10 This Law shall be published in the Official Gazette and shall be enforced from the day following its publication.

Issued at the Presidency on 28 Rabi' al-Awwal, 1436 AH (Corresponding to February 17, 2015 AD).