2019-01-01
Issued by the Emir of Qatar, Law No. 27 of 2019 repeals prior counter-terrorism statutes and establishes a comprehensive framework for defining, prosecuting, and penalizing terrorism offences. The legislation mandates the National Counter-Terrorism Committee to administer a Sanctions List, empowers authorities to freeze assets of designated persons and entities, and expands jurisdiction to extraterritorial crimes and stateless residents. It prescribes graduated penalties ranging from ten-year imprisonment to capital punishment, while ensuring that terrorism-related criminal cases remain valid indefinitely without expiration.
1 Law No ( 27 ) of 2019 Promulgating the Law on Combating Terrorism We, Tamim bin Hamad Al Thani, Emir of the State of Qatar, Having perused the Constitution; Law No. (14) of 1999 on Weapons, Ammunition and Explosives, and its amending laws; Law No. (10) of 2002 on the Public Prosecution, and its amending laws; Law No. (17) of 2002 on the Protection of Community, amended by Law No.(2) of 2018; The Law of the Judicial Authority promulgated by Law No. (10) of 2003, and its amending laws; Law No.(3) of 2004 on Combating Terrorism, amended by Decree Law No. (11) of 2017; The Penal Code promulgated by Law No. (11) of 2004, and its amending laws; The Criminal Procedure Code promulgated by Law No. (23) of 2004, amended by Law No. (24) of 2009; The Law on Combatting Money Laundering and Terrorism Financing promulgated by Law No. (20) of 2019; The proposal of the Minister of the Interior; The draft law submitted by the Council of Ministers; and After having consulted the Advisory Council (Shura Council), Have decided the following: Article (1) The provisions of the Law on Combatting Terrorism, attached hereto, shall come into force and effect.
2 Article (2) The provisions of the Law attached hereto, shall not prejudice the international conventions and treaties related to combatting terrorism to which the State is a party. The issuance of the Law attached hereto, shall not prejudice the decisions, measures and procedures currently in force, subject to the provisions of the Law. Article (3) The Law No. (3) of 2004 referred to shall be repealed. Article (4) All Competent Authorities, each within its own competence, shall implement this Law, which shall come into force as from the day of its promulgation, and shall be published in the Official Gazette. Tamim bin Hamad Al Thani, Emir of the State of Qatar, Emiri Diwan on : 29 / 04 /1441 A.H Corresponding to : 26 / 12 / 2019 A.D
3 Law on Combating Terrorism Article (1) In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned thereto unless otherwise required by the context: Terrorism Offence: Any offence provided for in this Law and any felony provided for in the Penal Code or in any other law, committed with the intent to execute or carry out a terrorist act or with a view to advocating or threatening any of the aforementioned. Terrorist Act: 1. Any act intended to cause death or serious bodily injury to a person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organisation to do or to abstain from doing any act. 2. Any act which constitutes an offence according to any of the following treaties: (i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); (iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); (iv) International Convention against the Taking of Hostages (1979); (v) Convention on the Physical Protection of Nuclear Material (1980); (vi) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving Civil Aviation, (1988); (vii) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988); (viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (1988), amended by Protocol (2005); (ix) International Convention for the Suppression of Terrorist Bombings (1997); and (x) International Convention for the Suppression of the Financing of Terrorism (1999).
4 3. Any act which constitutes an offence under the provisions of other international conventions related to combating terrorism to which the State is a party. Terrorist: Any Natural Person who wilfully commits any of the following acts:
5 on the basis of, and for the duration of the validity of, a decision taken by a competent authority, or until an unfreezing order is issued, or until a confiscation action is initiated by the Competent Court. 2. To prohibit the transfer, conversion, disposition or movement of funds, in application of the targeted financial sanctions, for persons and entities placed on the Sanctions List, for the duration of the validity of the designation order. Conventional Weapons: Cold weapons, firearms, ammunition, explosives and gelatinous materials as stipulated by law. Non-conventional Weapons: Weapons and nuclear, chemical, biological, radiological, and bacteriological materials, or any other natural or artificial, solid, liquid, gaseous or vaporous materials, of whatever origin or method of production, that have the ability and capacity to cause death, serious physical or mental injury, damage to the environment, buildings, and facilities, or any materials or equipment used for the manufacturing thereof. NCTC: The National Counter-Terrorism Committee established pursuant to Article (28) of this Law. Sanctions Committee: Any of the Security Council Committees established to administer UN Sanctions pursuant to any of the following Resolutions issued pursuant to the provisions of Chapter VII of the Charter of the United Nations: 1- UN Security Council Resolutions 1267 (1999), 1988 (2011), 1989 (2011) and any current or future successor resolutions. 2- UN Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2231 (2015), 2270 (2016), 2321 (2016), 2356 (2017), and any current or future successor resolutions. 3- Any future UN Security Council resolutions imposing targeted financial sanctions in the context of combating terrorism and its financing, and the financing of the proliferation of weapons of mass destruction.
6 4- Any other UN Security Council resolutions determined by the NCTC. Designation Designation on the Sanctions List. Supervisory Authorities The competent authorities responsible for licensing or supervising financial institutions, Designated NonFinancial Businesses and Professions (DNFBPs) and Non-Profit Organisations (NPOs); or ensuring their compliance with the requirements of the law regulating the combatting of money laundering, terrorism financing and proliferation of weapons of mass destruction. Financial Institution Any person who conducts, as a business, one or more of the activities or operations for or on behalf of a customer, pursuant to the law regulating the combatting of money laundering and terrorism financing. Express Trust A legal relationship that does not establish a legal personality, created by a written deed, whereby a person places funds under the control of a trustee for the benefit of one or more beneficiaries or for a defined purpose. Legal Arrangement Express Trust Funds or any similar arrangements. Non-Profit Organisation (NOP) Any legal entity or person, legal arrangement or organisation, which collects or disburses funds for charitable, religious, cultural, educational, social, or fraternal purposes; or for the carrying-out of other types of charitable works for the public benefit. Designated NonFinancial Businesses and Professions (DNFBP) Any of the following businesses, activities or professions: 1- Real estate agents, whenever they conduct transactions related to the purchase or sale of real estate for customers, or both. 2- Dealers in precious metals or precious stones, whenever they participate with their customers in cash transactions of a value equal to or exceeding the designated threshold set out in the law regulating the combating of money laundering and terrorism financing.
7 3- Notaries, lawyers and legal accountants whether sole practitioners, partners or employed professionals within professional firms, when they arrange, execute or conduct transactions on behalf of or for their customers in relation to any of the following activities: a. Purchase or sale of real estate. b. Management of the customer’s funds, securities or other assets. c. Management of bank accounts, saving accounts or securities accounts. d. Organizing contributions to the establishment, management or operation of companies or other entities. e. Establishment, management or operation of legal persons or legal arrangements and sale or purchase of business entities. 4- Trust and Company Service Providers, when arranging or executing transactions for customers related to the following activities: a) Acting as a formation agent of legal persons. b) Acting as, or arranging for another person to act as, a director or secretary of a company, a partner of a partnership or a similar position in relation to other legal persons. c) Providing a registered office, place of business, correspondence or administrative address for a company, a partnership or any other legal person or legal arrangement. d) Acting as, or arranging for another person to act as a trustee of a trust, or performing an equivalent function for another legal arrangement. e) Acting as, or arranging for another person to act as a nominee shareholder for another person. 5- Any other business or profession identified by virtue of a decision of the Council of Ministers, pursuant to the law regulating the combating of money laundering and terrorism financing.
8 Person A natural or legal person. Legal Person Any entity other than the natural person which is capable of conducting a permanent business relationship with a financial institution or of gaining ownership of assets. This includes companies, institutions, associations, or any relevantly similar entity. Entity Any legal person, group, or parties undertaking a common purpose, regardless of any legal personality. Designated Person or Entity Any person or entity designated by a decision of the Public Prosecutor, or listed by the United Nation Security Council or the Sanctions Committee to be subject to the sanctions stipulated by the following resolutions:
9 Article (2) Subject to the jurisdictional provisions of the Penal Code referred to, the provisions of this Law shall apply in the following cases:
10 Article (5) Whoever knowingly provides any terrorist or terrorist entity with the explosives listed in Schedule (4), or the weapons listed in Part II of Schedule (2) annexed to Law No.(14) of 1999 referred to, or with weapons, ammunition, technical information, missions, or machinery, or other facilities related to the use of explosives or weapons , shall be sentenced to life imprisonment. Article (6) Whoever coerces a person to join a terrorist entity or prevents such person from dissociating therefrom, shall be sentenced to life imprisonment. Article (7) Whoever uses the managing powers of an entity or legal person established in accordance with the law to advocate the commission of a terrorism offence shall be sentenced to imprisonment for a period not less than (10) ten years and not more than (20) twenty years. Article (8) Whoever, in any manner, directly or indirectly, and with the intention to commit a terrorism offence domestically or abroad, prepares or trains individuals to manufacture or use conventional or non-conventional weapons, wired, wireless or electronic means of communication, or any other technical means, or teaches martial arts, combat techniques or technical methods, skills or tricks, or any other methods whatsoever to be used in the commission of a terrorism offence, shall be sentenced to imprisonment for life or for a period not less than (15) fifteen years. Whoever receives the trainings provided for in the preceding paragraph of this Article or is present in such locations in order to prepare or commit any of the offences prescribed therein, shall be sentenced to imprisonment for a period not less than (5) five years and not more than (15) fifteen years. Article (9) Whoever manufactures, designs, possesses, acquires, presents or makes available a conventional weapon for the purpose of using or preparing such weapon for use in the commission of a terrorism offence, shall be sentenced to imprisonment for a period not less than (5) five years and not more than (15) fifteen years.
11 The penalty shall be life imprisonment, if the weapon of the offence referred to in the preceding paragraph is a non-conventional weapon. The penalty shall be death, if the use of a conventional or non-conventional weapon results in the death of a person. Article (10) Whoever commits any of the following shall be sentenced to imprisonment for a period not less than (3) three years and not more than (10) ten years:
12 administrative capacity, for the purpose of collecting information for the commission of a terrorism offence shall be sentenced to imprisonment for a period not less than (3) three years and not more than (15) fifteen years. Article (13) Whoever knowingly conceals or destroys objects, funds, weapons or machinery obtained, used or were to be used in terrorism offences, shall be sentenced to life imprisonment or imprisonment for a period not less than (15) fifteen years. Article (14) Whoever attacks any of the persons entrusted with the enforcement of the provisions of this Law, or resists such person by using force, violence or threat during or due to the performance of their duties, shall be sentenced to imprisonment for a period not less than (5) five years and not more than (15) fifteen years. The penalty shall be life imprisonment if the assault or resistance causes permanent disability, or if the perpetrator carries weapons, kidnaps or detains any of the persons entrusted with the enforcement of the provisions of this Law or their spouse, or any of their ascendants, or descendants. If the assault or resistance results in the death of a person, the penalty shall be death. Article (15) Whoever commits any of the following shall be punished, as an accomplice, by the same penalty prescribed for the predicate act: 1- Whoever facilitates or assists a terrorist or terrorist entity by any direct or indirect means to commit or prepare to commit a terrorism offence, even if such offence did not occur based on such assistance. 2- Whoever incites the commission of a terrorism offence, by any direct or indirect means, and whether such incitement is directed against a particular person or group or in public or private, even if such incitement has had no effect. 3- Whoever knowingly provides the perpetrator of such offence with an accommodation, shelter, a place to hide or to use for meetings, or with supplies or any financial support or other facilitations.
13 Article (16) Whoever contravenes the designation order shall be sentenced to imprisonment for a period not more than (3) three years and a fine not more than (QR 10,000,000) (10) ten million Qatari Riyals, or one of these two penalties. Article (17) The provisions of Articles (29) and (46) of the Penal Code shall apply to the offences stipulated in this Law. Article (18) In the cases stipulated in this Law, in addition to the prescribed sentence, one or more of the following measures may apply:
14 Article (21) Criminal cases related to terrorism offences shall not expire, and the penalties imposed shall not lapse with the passage of time. Article (22) In conducting an investigation and initiating a criminal case with respect to terrorism offences, the Public Prosecutor shall not be bound by the action claims or requests provided for in the Criminal Procedure Code referred to. Article (23) Notwithstanding the provisions of the Criminal Procedure Code referred to, orders for preventive detention issued by the Public Prosecutor after interrogating a suspect with respect to terrorism offences, shall be (15) fifteen days, and may be extended for similar periods, if so deemed to be in the interests of the investigations, provided that such extensions shall not exceed (180) one hundred eighty days. Such period may not be extended, except by an order from the competent court. Article (24) The Public Prosecution may order the use of special investigative techniques for the investigation of the offences provided for in this Law, including:
15 Article (26) The Public Prosecutor, or the commissioned attorney general(s), may order the access or acquisition of any data or information related to accounts, deposits, trusts, safes, transfers or any other transaction with banks or other financial or nonfinancial institutions, if such order is necessary to establish the truth with respect to terrorism offences. Article (27) Without prejudice to the rights of bona fide third parties, when the evidence shows sufficient proof of the seriousness of the accusation concerning any terrorism offence, the Public Prosecutor may issue an order preventing an accused person temporarily from disposing or managing his funds, or undertake any other provisional measures. The order may include the funds of the spouse and minor children of the accused person if it was established that such funds are from the accused person. Management of funds subject to a provisional order and any petition arising therefrom, and the repeal or amendment of the prohibition order, shall be regulated in accordance with the procedures set forth in the Criminal Procedure Code referred to. Article (28) A committee shall be established within the Ministry of Interior called the “National Counter Terrorism Committee" (hereinafter referred to as “NCTC”). A decision shall be issued by the Minister of Interior nominating the Chairman, Vice Chairman and members of the NCTC. The NCTC shall have a Secretary to be assisted by a number of employees from the Ministry of Interior. A decision shall be issued by the Minister of Interior regarding their delegation, mandates and remunerations. Article (29) Further to other competencies as provided for in this Law, the NCTC shall have the following responsibilities:
16 3. Raise public awareness of the risks of terrorism and enhance the contribution of citizens to the combating of terrorism. 4. Participate in delegations representing the State at conferences and UN Committees on issues related to combatting terrorism. 5. Prepare, supervise and monitor the implementation of a national strategy for combating terrorism, violent extremism and proliferation of weapons of mass destruction in coordination with different relevant national authorities. 6. Monitor, and ensure the implementation of, the Public Prosecutor’s orders regarding the implementation of targeted financial sanctions related to combating terrorism and its financing, and the financing of the proliferation of weapons of mass destruction issued pursuant to the provisions of this Law, in coordination with Ministries, competent authorities and supervisory authorities. 7. Propose all matters related to targeted financial sanctions, including names of designated terrorist persons and entities to be listed on the Sanctions List and UN Lists or delisted therefrom, and submit such names to the Public Prosecutor to take the relevant appropriate decisions. 8. Propose basic and extraordinary expenses for designated persons or their dependents, and submit them to the Public Prosecutor to take the relevant necessary procedures. The competencies of the NCTC stipulated herein may be amended by a decision of the Council of Ministers upon the proposal of the Minister of Interior. Article (30) The Public Prosecutor, or his delegate(s) shall be responsible for the implementation of targeted financial sanctions related to combatting terrorism and its financing, the financing of the proliferation of weapons of mass destruction, issuing relevant implementation mechanisms, and publishing and announcing such mechanisms as he may deem appropriate. The NCTC shall monitor and ensure the implementation of the Public Prosecutor’s orders regarding the implementation of targeted financial sanctions in coordination with the national competent authorities and supervisory authorities. Article (31) A “Sanctions List” shall be established. Subject to international standards and requirements, the Sanctions List, the designation mechanisms, and communication to the relevant authorities
17 concerning the implementation of the designation requirements, shall be regulated by a decision of the Public Prosecutor. Article (32) The Public Prosecutor shall designate on the Sanctions List: (1) any person or entity designated by virtue of a Security Council or Sanctions Committee resolution pursuant to Chapter VII of the Charter of the United Nations. (2) any person or entity designated by virtue of a decision by the Public Prosecutor, upon the proposal of the NCTC, without initiating a criminal proceeding, in any of the following cases: (a) If there are reasonable grounds or reasonable basis to believe that the person or entity will commit, finance, threatens, plans, attempts, promote, or incite to commit terrorist acts or any related acts, or facilitates or participates in such acts, or trains or facilitates the travel of individuals to another State for the purpose of committing, devising, preparing for, or participating in terrorist acts. The designation shall include any entity owned or controlled, directly or indirectly, by a designated person or entity pursuant to this Article, or any person or entity acting on their behalf, or at their direction. (b) If the person or entity carries out an armed or unarmed terrorist act against the State or its interests abroad. (c) If the person or entity has publicly recognized, adopted, threatened, incited or publicly promoted a terrorist act. In all cases, the designation on the Sanctions Lists shall be made without prior notification to any person or entity referred to in this Article. The NCTC shall publish the designations on its website immediately upon the issuance of the designation orders by the Public Prosecutor. Article (33) The Public Prosecutor shall, upon the proposal of the NCTC, submit requests to the Security Council or other foreign States to designate persons or entities on their Terrorist Lists; and shall consider incoming requests from other foreign States to designate persons or entities on the Sanctions List, in coordination with the NCTC. The requests for designation stipulated in the previous paragraph, shall be made when there are reasonable grounds and reasonable basis for such designation. Article (34)
18 The Public Prosecutor shall revoke a designation order and remove a designated person or entity from the Sanctions List, immediately upon de-listing of such person or entity by the UN Security Council or Sanctions Committee. Removal of a person or entity from the Security Council or Sanctions Committee lists shall not preclude the State from adopting the procedures to place such person or entity on the Sanctions List by virtue of a decision by the Public Prosecutor, upon the proposal of the NCTC. The designation by virtue of a Security Council or Sanctions Committee resolution, and the implications thereof, shall not be subject to any form of appeal before national courts. The concerned parties may petition in accordance with the relevant rules and procedures established by the Security Council in this regard. If a competent court in the State decides to revoke the designation order issued by the Public Prosecutor, upon the proposal of the NCTC, the Public Prosecutor shall, spontaneously and immediately, remove a designated person or entity from the Sanctions List. The Public Prosecutor shall receive the petitions of the concerned parties against the designation order issued upon the proposal of the NCTC, and shall submit such petitions to the NCTC to examine and make the relevant recommendations. The Public Prosecutor shall, upon the recommendation of the NCTC, decide on such petitions, according to the timelines and procedures that he may order. The Public Prosecutor shall revoke the designation order and remove the designated person or entity from the Sanctions List after determining that there are no basis for designation. The Public Prosecutor may, on his own, or upon the proposal of the NCTC, revoke the designation order and remove the designated person or entity from the Sanctions List, if he determines that there are no basis for designating the person or entity on the Sanctions List, taking into account the recommendations of the NCTC in this regard. Revoking the designation order shall nullify all the related implications thereof. The Public Prosecutor shall issue the necessary rules and procedures for the implementation of the provisions of this Article. Article (35)
19 The NCTC shall coordinate with the national competent authorities and supervisory authorities to issue instructions and circulars to financial institutions, DNFBPs and NPOs regarding the implementation of designation orders, and their implications, and shall communicate the outcomes of such coordination to the Public Prosecutor. Article (36) All concerned parties subject to the provisions of this Law, particularly financial institutions, DNFBPs and NPOs, shall communicate to the supervisory authorities or the NCTC, as the case may be, periodic reports and any matters that may occur or arise with respect to the designees listed on the Sanctions List, in addition to any other reports requested by the NCTC. Article (37) Except for designations by a UN Security Council or Sanctions Committee resolution, any person concerned may appeal to the criminal circuit at the Court of Appeal, any designation on the Sanctions list, or extension thereof, de-listing and removal from the Sanctions list, within 60 days of the announcement of the order. Article (38) The designation order shall have the following implications for the duration of its validity: First: For a designated natural person: 1- Inclusion on travel ban lists and watch lists. 2- Prohibition of non-Qataris from entering the State except in the cases determined by the Public Prosecutor, or where the designated person is wanted by the public authorities or bodies. The Public Prosecutor shall coordinate with the competent authority to identify the exemptions and issue instructions to regulate the entry into or transit through the territories of the State of persons who are Heads, leaders, members or employees of any designated entity, group, organization or undertaking. 3- Withdrawal or revocation of passport, or prohibition of the issuance of a new passport. 4- Freezing the funds of the designated natural person. 5- Prohibition of the licensing to possess or acquire weapon, and revocation of the licence thereto, if any. 6- Ineligibility to assume public functions or positions, as may be determined by the Public prosecutor, at the proposal of the NCTC.
20 Second: For a designated entity:
21 The supervisory authorities shall have the power to supervise, follow up, monitor, and ensure compliance by financial institutions, DNFBPs, and NPOs with the requirements of implementing targeted financial sanctions related to combating terrorism and its financing, and the financing of the proliferation of weapons of mass destruction, and taking the preventive measures stipulated in the Law regulating the combating of money laundering and terrorism financing. In the event of any violation by the financial institutions, DNFBPs and NPOs of such requirements, the supervisory authorities shall apply the penalties stipulated in the Law regulating the combating of money laundering and terrorism financing, unless any other law provides for more severe penalties. The supervisory authorities, when considering licencing or registration requests, or the renewal thereof, shall verify the identity of the applicant and the shareholders of the applicant legal person or legal arrangement, the key management and the beneficial owners. The supervisory authorities shall also take the necessary measures and procedures to prevent the designated persons and entities from licencing or registering or from holding an interest in such applicant legal person or entity, or holding a management function therein, and shall inform the Public Prosecutor and the NCTC of the procedures taken in the application of the provisions of such Article. Article (41) The Public Prosecutor shall determine the person(s) responsible for managing the frozen funds, and in all cases where the nature of such funds requires so. Any person (s) assigned to manage the frozen funds shall receive such funds and initiate an inventory thereof in the presence of the concerned parties and a representative of the Public Prosecution. The person (s) assigned to management, shall be responsible for safekeeping, properly managing, and subsequently returning such funds, together with the collected revenues, pursuant to the provisions of the Civil Code concerning agency in management, deposits and custodianship, as regulated by a decision of the Public Prosecutor. Article (42) Except for designations by virtue of a UN Security Council or Sanctions Committee resolution, those affected by the designation order, or their representatives, may
22 request the Public Prosecutor to authorize the use of some frozen funds to cover their basic and extraordinary expenses and of their dependents, including payments for foodstuffs, rent, or mortgage, medical treatment, medicines, taxes, insurance premiums and public utility charges, or payment of reasonable professional fees, and reimbursement of incurred expenses associated with the provision of legal services, fees and service charges for routine holding and maintenance of frozen funds, or any other obligations. If the concerned person (s) did not submit a request to cover the basic and extraordinary expenses stipulated in the precedent paragraph, the Public Prosecutor may authorize the use of some frozen funds to cover such expenses. In all cases, the disbursement shall be based on the committee's consideration of the case of each designated person. If the designation is by virtue of a UN Security Council or Sanctions Committee resolution, the Public Prosecutor may exercise the competencies provided for in this Article in accordance with the rules and controls set forth by the Security Council. The Public Prosecutor shall issue the necessary rules and procedures for the implementation of the provisions of this Article.