EXTRAORDINARY

OFFICIAL GAZETTE

THE BAHAMAS

PUBLISHED BY AUTHORITY

NASSAU 9th October, 2018

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INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) (IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) (AFGHANISTAN) ORDER, 2018

Arrangement of Paragraphs

Paragraph

1. Citation..................................................................................................................................2
2. Interpretation..........................................................................................................................2
3. Measures................................................................................................................................3
4. Application of measures.........................................................................................................5
5. Exemptions.............................................................................................................................6
6. Amendment of Schedule.........................................................................................................7
7. Listing criteria.........................................................................................................................7
8. Listing procedures...................................................................................................................7
9. False positive or mistaken identity.........................................................................................8
10. Delisting procedures..............................................................................................................8
11. Notification of listing and delisting........................................................................................8
12. Gateways for exchanging information...................................................................................8
13. Appointment of Focal Points for implementing Resolutions..................................................8
14. Communication of the Order.................................................................................................9
15. Communication of the list of individuals and entities............................................................9
16. Reporting of funds, financial assets or economic resources of individuals or entities......................................................................................................................................10
17. Dissemination process of lists of suspected individuals or entities......................................11
18. Implementation of requests received from foreign countries under S/RES/1373 (2001).......................................................................................................................................13
19. Procedure for unfreezing of funds, financial assets or economic resources or related services of individuals or entities................................................................................................13
20. Procedure for grant of exemptions.......................................................................................14
21. Regarding prevention of entry into or transit through The Bahamas...................................14
22. Procedure for communication of compliance of action taken under this Order..................15
23. Acts done in good faith........................................................................................................15
    No suit or prosecution or administrative measures or any other legal proceedings shall lie against any person or entity for action taken in good faith when implementing this Order......................................................................................................................................15
24. Strict Compliance..................................................................................................................15

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OFFICE OF THE GOVERNOR-GENERAL

S.I. No. 56 of 2018
INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES ACT) (CHAPTER 16)

INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) (IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) (AFGHANISTAN) ORDER, 2018

The Governor-General, in exercise of the powers conferred by section 3 of the International Obligations (Economic and Ancillary Measures) Act (Ch. 16), makes the following Order —

1. Citation.
This Order may be cited as the International Obligations (Economic and Ancillary Measures) (Implementation of United Nations Security Council Resolutions) (Afghanistan) Order, 2018.

2. Interpretation.
In this Order —
"freeze" means to prohibit the transfer, conversion, disposition or movement of any Fund and other financial assets or economic resources that are owned or controlled by listed individuals or entities on the basis of, and for the duration of the validity of, and action initiated by the United Nations Security Council or in accordance with applicable Security Council Resolutions by the competent authority; "funds and other financial assets or economic resources" mean — (a) any type of funds or assets, corporeal or incorporeal, moveable or immoveable, tangible or intangible, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets or funds and any interest, dividends or other income on or value accruing from or generated by such funds or assets; (b) cash, any other type of financial assets, economic resources, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets which is located inside or outside the country; and (c) those used for the provision of internet hosting or related services, used for the support or the listed individuals and entities"; "listed individuals and entities" means the individuals, groups, undertakings and entities who are listed on the consolidated UN ISIL / AL-Quaida list and additions as per S/RES/2368 (2017); "Resolutions" means S/RES/1267 (1999), S/RES/1333 (2000), S/RES/1363 (2001), S/RES/1373 (2001), S/RES/1390 (2002), S/RES/1452 (2002), S/RES/1455 (2003), S/RES/1526 (2004), S/RES/1617 (2005), S/RES/1730 (2006), S/RES/1735 (2006), S/RES/1822 (2008), S/RES/1904 (2009), S/RES/1988 (2011), S/RES/1989 (2011), S/RES/2082 (2012), S/RES/2083 (2012), S/RES/2133 (2014), S/RES/2161 (2014), S/RES/2170 (2014), S/RES/2178 (2014), S/RES/2195 (2014), S/RES/2199 (2015), S/RES/2214 (2015), S/RES/2253 (2015), S/RES/2309 (2016), S/RES/2322 (2016), S/RES/2331 (2016), S/RES/2341 (2017), S/RES/2347 (2017), S/RES/2354 (2017), S/RES/2368 (2017) and any successor resolution adopted by the Security Council of the United Nations in the future under Chapter VII of the Charter of the United Nations"; "Sanction List" means the consolidated Sanctions List of individuals and entities named and listed by the UN Security Council regarding ISIL and Al-Quaida, and associated individuals, groups, undertakings and entities.

3. Measures.
(1) Every financial institution as defined under the Financial Transactions Reporting Act, 2018 (No. 5 of 2018) shall, pursuant to paragraph 8 (c) of S/RES/1333 (2000), paragraphs 1 and 2 of S/RES/1390 (2002), and paragraphs 1 and 4 of S/RES/1989 (2011), and confirmed in paragraph 1 of S/RES/2638 (2017) with respect to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, freeze without delay the funds and other financial assets or economic resources of the individuals, groups, undertakings and entities (Annex I), including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons' benefit, by their nationals or by persons within their territory (Asset Freeze); (2) No person in The Bahamas or Bahamian outside of The Bahamas shall, pursuant to paragraph 8 (c) of S/RES/1333 (2000), paragraphs 1 and 2 of S/RES/1390 (2002), and paragraphs 1 and 4 of S/RES/1989 (2011), and confirmed in paragraph 1 of S/RES/2638 (2017) with respect to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities — (a) directly or indirectly supply, sell, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related material of all types including small arms and light weapons and ammunition, military vehicles and equipment, unmanned aircraft systems ("UASs") and their components, and improvised explosive device ("IED") paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities, to and between ISIL, Al-Qaida, their affiliates, and associated groups, illegal armed groups and criminals (Arms Embargo); (b) engage in direct or indirect trade of petroleum and petroleum products, modular refineries, and related material including chemicals and lubricants, with ISIL, Al-Nusrah Front ("ANF"), and associated individuals, groups, undertakings, and entities as designated by the relevant UN Committee (Economic Embargo); and (c) engage in the trade of Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6 August 1990 and Syria since 15 March 2011. (3) Pursuant to paragraph 8 (c) of S/RES/1333 (2000), paragraphs 1 and 2 of S/RES/1390 (2002), and paragraphs 1 and 4 of S/RES/1989 (2011), and confirmed in paragraph 1 of S/RES/2638 (2017) with respect to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities no designated individuals, or any individual about whom The Bahamas has credible information that provides reasonable grounds to believe that he or she is seeking
entry into or transit through The Bahamas territory for the purpose of participating in the foreign terrorist fighter-related activities described in paragraph 6 of S/RES/2178 (2014) (Annex 2 of the Schedule) shall be permitted entry into or transit through The Bahamas (Travel Ban):
Provided that nothing in this paragraph shall oblige The Bahamas to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified.
An airline operating in The Bahamas shall provide advance passenger information to the appropriate Bahamian authorities in accordance with the Advance Passenger Information Systems Act, 2016, to detect the departure, or attempted entry into or transit through The Bahamas, by means of civil aircraft, of designated individuals.

4. Application of measures.
(1) The measures at paragraph 3(1) above shall apply to — (a) financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting and related services, used for the support of Al-Qaida, ISIL, and other individuals, groups, undertakings or entities. Further, measures shall also apply to the payment of ransoms to designated individuals, groups, undertakings or entities regardless of how or by whom the ransom is paid; (b) funds, financial assets or economic resources that may be made available, directly or indirectly, to or for the benefit of listed individuals in connection with their travel, including costs incurred with respect to transportation and lodging, and that such travel-related funds, other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of S/RES/1452 (2002), as amended by S/RES/1735 (2006), and in paragraph 5 below; and (c) financial transactions involving any funds, economic resources or income-generating activities that benefit individuals, groups, undertakings and entities on the ISIL (Da'esh) & AL-Quaida Sanctions List, including, but not limited to, trade in petroleum products, natural resources, chemical or agricultural products, weapons, or antiquities by listed individuals, groups, undertakings and entities, kidnapping for ransom, and the proceeds of other crimes including, trafficking in persons, extortion and bank robbery. (2) Where accounts have been frozen, providers are allowed to add to such accounts any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments are immediately frozen.

5. Exemptions.
This Order does not prohibit —
(a) financial and economic resources necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources, after notification by the relevant State to the Committee established pursuant to S/RES/1267 (1999) (hereinafter referred to as "the Committee") of the intention to authorize, where appropriate, access to such funds, assets or resources and in the absence of a negative decision by the Committee within three working days of such notification; (b) funds necessary for extraordinary expenses, provided that such determination has been notified by the relevant State to the Committee and has been approved by the Committee; (c) that exemptions to the travel ban must be submitted by Member States, individuals or the Ombudsperson, as appropriate, including when listed individuals travel for the purpose of fulfilling religious obligations, and notes that the Focal Point mechanism established by in S/RES/1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da'esh) & Al-Qaida Sanctions List, or by the legal representative or estate of such individual, group, undertaking or entity, for UN Committee consideration; (d) the Office of the Attorney-General and Ministry of Legal Affairs ("OAG and MLA") can receive requests from listed individuals and entities for exemptions to the measures outlined in paragraph 3 and the OAG and MLA via MOFA shall transmit such requests to the UN Committee for a decision and further notify such individuals or entities of the UN Committee's decision.

6. Amendment of Schedule.
The Government shall update or amend Annex 1 of the Schedule as and when the Sanction Lists are amended by 1267/1989 Committee or 1988 Committee from time to time, through consultation with the IRF Steering Committee.

7. Listing criteria.
(1) Any act or activity indicating that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida and therefore eligible for inclusion in the ISIL (Da'esh) & Al-Qaida Sanctions List include any act or activity indicating that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida and therefore eligible for inclusion in the ISIL (Da'esh) & Al-Qaida Sanctions List include — (a) participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of; (b) supplying, selling or transferring arms and related material to; (c) recruiting for; or otherwise supporting acts or activities of Al-Qaida, ISIL, or any cell, affiliate, splinter group or derivative thereof. (2) For the purposes of subparagraph 1, financing or support include but are not limited to the use of proceeds derived from crime, including the illicit cultivation, production and trafficking of narcotic drugs and their precursors. (3) Any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL or Al-Qaida, including on the ISIL (Da'esh) & Al-Qaida Sanctions List, shall be eligible for listing.

8. Listing procedures.
If any individual or entity meets the criteria stated in the Resolutions, the Competent Authority, pursuant to the Proceeds of Crime Act, 2018 (No. 4 of 2018), shall submit the name to the respective United Nations Security Council Resolution's Committee ("UNSCR") for inclusion on the List with as much relevant information as possible on the proposed name, in particular, sufficient identifying information so as to allow for the accurate and positive identification and a detailed statement of case.

9. False positive or mistaken identity.
Upon request by any of the listed individuals and entities, the Attorney-General can allow the funds and other financial assets or economic resources of individuals or entities with the same or similar name as listed individuals or entities (for example, a false positive or mistaken identity) to be unfrozen:
Provided that the Attorney-General has confirmed that the individual or entity is not the actual listed individuals or entities.

10. Delisting procedures.
(1) The individuals and entities listed under S/RES/1267 (1999), S/RES 1989 (2011) and S/RES 1988 (2011) sanctions regimes can challenge their listing by submitting delisting petitions to the Office of the Ombudsperson.
(2) The URL of the Office of the Ombudsperson is http://www.un.org/en/sc/ombudsperson/accessinfo.shtml.

11. Notification of listing and delisting. If the Attorney-General receives any notification about an individual or entity's listing in or delisting from the S/RES 1267 (1999), S/RES 1989 (2011) Sanctions List, the Attorney-General will notify listed individuals and entities of their designation or listing with the narrative summary of reasons for listing, a description of the effects of designation, procedures for considering delisting requests, and the provisions regarding available exemptions.

12. Gateways for exchanging information.
The Government, under arrangements entered into by the Government of The Bahamas with the Office of the Ombudsperson or any other country or other such arrangements, shall share all relevant information including operational information, especially regarding actions or movements of terrorist persons or networks; forged or falsified travel documents; traffic in arms, explosives or sensitive materials; use of communications technologies by terrorist groups; and the threat posed by the possession of weapons of mass destruction by terrorist groups.

13. Appointment of Focal Points for implementing Resolutions. The Government shall appoint following focal point for implementing the UN Security Council Resolutions, namely — (a) the Focal Point from the OAG and MLA shall be the Director of Legal Affairs, OAG and MLA; (b) the Focal Point from the Ministry responsible for Foreign Affairs ("MOFA") shall be the Director-General, MOFA; (c) the Focal Point from the Ministry responsible for National Security ("MONS") shall be the Permanent Secretary, MONS; (d) the Focal Point from the Ministry responsible for Tourism and Civil Aviation ("MOT&CA") shall be the Permanent Secretary, MOT&CA; (e) the Focal Point from the Ministry responsible for Transport ("MOT") shall be the Permanent Secretary, MOT; (f) the Focal Point from the Ministry responsible for Immigration ("MOFST&I") shall be the Permanent Secretary, MOFST&I; (g) the Focal Point from Ministry responsible for Finance ("MOF") shall be the Financial Secretary MOF; (h) the Focal Point from the Financial Intelligence Unit ("FIU") shall be the Director, FIU; and (i) the Focal Point from the IRF Steering Committee ("IRF SC") shall be the National Identified Risk Framework Coordinator, IRF SC.

14. Communication of the Order.
Every Ministry, division and organization listed in paragraph 13 of this Order shall communicate all paragraphs of this Order to all 'Primary Contact Points' of all implementing and law enforcement agencies under their jurisdictions including but not limited to financial sector regulatory agencies, Port Authority, Customs Department, the Royal Bahamas Police and Defence Forces, the Department of Immigration, the Civil Aviation Authority, The Bahamas Maritime Authority and all other relevant corresponding Government agencies, entities and ministries.

15. Communication of the list of individuals and entities. Communication mechanism among the list of individuals or entities specified in this order is as follows — (a) the MOFA shall update the list of individuals and entities as and when the Sanction Lists are amended by the concerned UNSCR Committees. On any revision, MOFA shall communicate the updated list to the Focal Points; and (b) after getting the list of individuals and entities listed by the respective UNSCR Committee from MOFA or from its website, all Focal Points listed above shall communicate the list to all 'Primary Contact Points' of all regulatory and law enforcement agencies under its control for necessary actions.

16. Reporting of funds, financial assets or economic resources of individuals or entities. In relation to the funds, financial assets or economic resources or related services of the individuals and entities held in or through the reporting organizations, the process will be as follows — (a) the reporting organizations shall maintain and update the listed individuals and entities in electronic form and regularly run a check at the website of the United Nations (http://www.un.org/sc/committees/index.shtml) on the given parameters to verify whether individuals or entities listed by the respective UNSCR Committee are holding any funds, financial assets or economic resources or related services or any form of relationship with them; (b) in case, the particulars of any of their customers match with the particulars of listed individuals and entities, the reporting organization shall immediately stop payment, conduct transactional review and report to the FIU within the next working day with full particulars, of the listed and suspected individuals or entities, or of the listed or suspected individuals or entities, as well as the funds, financial assets or economic resources or related services held by such customer on their books to the FIU; (c) FIU will analyse the report and, if necessary, call for additional information or documents or inspect the Reporting Organization and forward the case, if it is deemed appropriate, law enforcement agencies will be engaged to investigate the cases and cases deemed warranting further action will be referred to the OAG and MLA and the Focal Point of the designated division of the MOFA will be kept informed about the actions taken; (d) if FIU is fully convinced after proper analysis that the details of the reported customer do not match with the details of individuals or entities listed by the concerned UNSCR Committee or in Annex 1 of the Schedule of this Order, FIU shall immediately issue an order to withdraw the stop-payment; (e) in case, the match of any of the customers with the particulars of listed individuals or entities is beyond doubt, FIU shall forward the details to law enforcement and OAG and MLA and also instruct the reporting organization to maintain the stop payment until further instruction is given; (f) on receipt of the particulars or documents referred to in subparagraph (c) above, law enforcement shall cause a verification so as to ensure that the individuals or entities identified by the FIU are the listed individuals or entities and the funds, financial assets or economic resources or related services, reported by reporting organizations are held by the listed individuals or entities; (g) the verification specified in subparagraph (f) shall be completed within a period not exceeding five working days from the date of the receipt of such information; (h) if law enforcement finds that the individuals or entities that a re-identified by the reporting organizations and forwarded by the FIU
are the listed individuals or entities, it shall trace out any property owned by or are held for the benefit of the listed individuals or entities, and immediately freeze or attach the property. Law enforcement shall inform the result of the verification and/or the particulars of the frozen property to FIU who will immediately issue a temporary freeze order and advise OAG and MLA so as to support a permanent freeze on such property via a Court Order; (i) in case, the results of the verification indicate that the properties are owned by or held for the benefit of the listed individuals or entities, an order to freeze these properties shall be issued by FIU within one working day after receiving of such verification from law enforcement and conveyed to the concerned reporting organization under investigation to law enforcement; (j) the FIU shall also forward a copy the verification specified in subparagraph (i) to the the Focal Point of the designated division of the OAG and MLA, so that any individual or entity may be prohibited from making any funds, financial assets or economic resources or related services available for the benefit of the listed individuals of entities or any other person engaged in or suspected to be engaged in terrorism; and (k) the instructions shall be issued without prior notice to the listed individuals or entities.

17. Dissemination process of lists of suspected individuals or entities. (1) The Focal Point of OAG and MLA shall forward the lists of suspected individuals or entities to the Primary Contact Points of all law enforcement agencies with the request to maintain and update the names of the listed individuals or entities.
(2) Law enforcement will verify the names of the listed individuals or entities from the records of the office of the Registrar performing the work of registration of immovable properties under their respective jurisdiction.
(3) In case, it is found that any listed individual or entity is holding financial assets or economic resources of the nature of immovable property under its jurisdictions, the Contact Point shall communicate the complete particulars of such individuals or entities along with complete details of the financial assets or economic resources of the nature of immovable property to the Focal Point of OAG and MLA, within the next working day. (4) The Primary Contact Point of the respective law enforcement agency may cause such verification to be conducted to ensure that the particulars sent by the Registrar performing the work of registering immovable properties are indeed those of the listed individuals or entities. This verification shall be completed within a maximum of five working days and should be conveyed within the next working day of the verification, and if it matches with the particulars of the listed individuals or entities the law enforcement authorities shall immediately attach the property according to law and inform the particulars to the Focal Point of OAG and MLA. (5) In case, the results of the verification indicate that the particulars match with those of the listed individuals or entities, the Focal Point of OAG and MLA shall issue instructions within next working day to the concerned Registrar performing the work of registering immovable properties and convey the particulars to FIU. (6) The order shall take place without prior notice to the listed individuals or entities. (7) Further, the Contact Point of law enforcement agencies or FIU shall monitor the transactions or accounts of the listed individual or entity so as to prohibit any individuals or entities from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities engaged in or suspected to be engaged in terrorism. (8) The Contact Point shall bring such matters to the notice of the Focal Point of OAG and MLA.

18. Implementation of requests received from foreign countries under S/RES/1373 (2001). (1) To give effect to the requests of foreign countries under the S/RES/1373 (2001), MOFA shall receive the requests from foreign countries and ensure they are immediately forwarded to OAG and MLA who shall examine the requests made by the foreign countries and forward it, with their comments, to the Focal Point of the concerned government agencies for necessary actions. (2) The Focal Point of OAG and MLA shall cause the request to be examined, within five working days, so as to satisfy itself that on the basis of applicable legal principles, the requested designation is supported by reasonable grounds, or a reasonable basis, to suspect or believe that the proposed designee is a terrorist, one who finances terrorism or a terrorist organization, and upon his satisfaction, shall forward the request to the FIU and the Contact Points of the relevant law enforcement agencies. The provisions of this Order are applicable for the listed individuals and entities, shall also be applied for the proposed designee. (3) The provisions of this Order are applicable for the listed individuals and entities and shall also be applied for the proposed designee. (4) Upon receipt of the request from the Focal Point of OAG and MLA, the Contact Points shall follow the procedures as enumerated under paragraph 15(b). (5) The freezing orders shall be issued by the FIU without prior notice to the reporting organizations or listed individuals or entities involved.

19. Procedure for unfreezing of funds, financial assets or economic resources or related services of individuals or entities. (1) Any individual or entity, if they have evidence to prove that the freezing of funds, financial assets or economic resources or related services, owned or held by them has been inadvertently frozen, they shall move an application giving the requisite evidence, in writing, to the reporting organization or to the Contact Point of the law enforcement agencies. (2) The reporting organizations shall inform and forward a copy of that application together with full details of the frozen funds, financial assets or economic resources or related services to the Focal Point of the OAG and MLA. (3) Focal Point of the OAG and MLA shall cause such verification as may be required on the basis of the evidence furnished by the individual or entity and if he is satisfied, he shall pass an order, within fifteen working days, for unfreezing the funds, financial assets or economic resources or related services, owned or held by such applicant, under intimation to the concerned reporting Organization and Contact Points. (4) If it is not possible for any reason to issue instructions for the unfreezing the assets within fifteen working days, the Focal Point of OAG and MLA shall inform the applicant about the same. (5) If the Focal Point of OAG and MLA is not convinced with the supporting documents or information, he will forward it to the FIU for investigation and follow up, and the results of such investigation shall be reported to the Focal Point at OAG & MLA. (6) The results of the investigation specified in paragraph 5 and application will be submitted to the respective UNSCR Committees for their determination. Decisions received thereto will be communicated to the FIU, and the reporting organization.

20. Procedure for grant of exemptions.
(1) OAG and MLA Focal Point can receive requests from listed individuals for exemptions to the measures outlined in paragraph 4 of this Order as defined in S/RES/1452 (2002), and the Focal Point shall transmit such requests to the relevant Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further communicate the decision of the Committee to such individuals, groups, undertakings and entities. (2) OAG and MLA Focal Point can receive requests from listed individuals for exemptions to the measures specified in paragraph 4 of this Order and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and communicates the decision of the Committee to such individuals.

21. Regarding prevention of entry into or transit through The Bahamas. (1) As regards prevention of entry into or transit through The Bahamas of the listed individuals, the Focal Point of OAG and MLA, shall forward the lists to the Focal Point of the MOFS (specifically Department of Immigration) with a request to prevent them entry into or transit through The Bahamas. The instructions shall be issued without prior notice to the listed individuals or entities. (2) The Focal Point of the MOFS shall ensure strict compliance of the mentioned instructions and also communicate the details of entry or transit through The Bahamas of the listed individuals as prevented by them to the Focal Point of MONS, OAG and MLA, MOFA within the next working day. (3) The Focal Point of MOFA shall forward the list to its Mission abroad. (4) No embassy or consulate of The Bahamas shall issue a visa of any kind to the listed individuals to permit their entry into The Bahamas.

22. Procedure for communication of compliance of action taken under this Order. The Focal Point of OAG and MLA shall furnish the details of funds, financial assets or economic resources or related services of listed individuals or entities frozen by an order, and details of the individuals whose entry into The Bahamas or transit through The Bahamas was prevented, respectively, to the Focal Point of MOFA for onward communication to the United Nations.

23. Acts done in good faith.
No suit or prosecution or administrative measures or any other legal proceedings shall lie against any person or entity for action taken in good faith when implementing this Order.

24. Strict Compliance.
Every individual or entity shall file an annual declaration, signed by at least two Directors of its Board of Directors or its compliance officers, certifying that the operations of such individual or entity are in compliance with the provisions of this Order, and this declaration shall be filed thirty-first day of December in each year.

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SCHEDULE
(Paragraphs 6 & 16)

ANNEX 1
(Pages 1 – 71 of Res 1267/1989/2253 List to Follow)

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[The document continues with 71 pages of the UN Security Council 1267/1989/2253 Sanctions List, detailing individuals and entities.]

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ANNEX 2
(Paragraph 3(3))

EXCERPT OF PARAGRAPH 6 OF UNSCR 2178

6. Recalls its decision, in resolution 1373 (2001), that all Member States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, and decides that all States shall ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offence —
   (a) their nationals who travel or attempt to travel to a State other than their States of residence or nationality, and other individuals who travel or attempt travel from their territories to a State other than their States of residence or nationality, for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training; (b) the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to finance the travel of individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training; and (c) the wilful organization, or other facilitation, including acts of recruitment, by their nationals or in their territories, of the travel of individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training.

Made this 4th day of October, 2018.

Signed
MARGUERITE PINDLING
Governor-General