Law No. 104/AN/24/9th L amending Law No. 110/AN/11/6th L on the Fight Against the Financing of Terrorism

Law No. 104/AN/24/9th L amending Law No. 110/AN/11/6th L on the Fight Against the Financing of Terrorism

• Measure: General
• Publication Date: 07/03/2024
  Edition No. 02 of 07/03/2024
  THE NATIONAL ASSEMBLY HAS ADOPTED
  THE PRESIDENT OF THE REPUBLIC PROMULGATES
  THE LAW OF WHICH THE TEXT FOLLOWS :
  WHEREAS Constitutional Law No. 92/AN/10/5th L of 21 April 2010 amending the Constitution ; WHEREAS Law No. 105/AN/24/9th L amending Law No. 111/AN/11/6th L on the fight against terrorism and other serious offences ; WHEREAS Law No. 106/AN/24/9th L on the fight against money laundering and the financing of terrorism and the proliferation of weapons of mass destruction ; WHEREAS Law No. 59/AN/94/3rd L of 05 January 1995 adopting the Penal Code; WHEREAS Law No. 60/AN/94/3rd L of 05 January 1995 adopting the Code of Criminal Procedure ; WHEREAS Law No. 105/AN/24/9th L of 06/03/2024 on the fight against terrorism and other serious offences ; WHEREAS Law No. 140/AN/11/6th L of 08/12/2011 establishing a Customs Code; WHEREAS Decree No. 2006-0083/PR/MJAPM on the organization and operating procedures of the Financial Intelligence Service of 27 March 2006 created within the Central Bank of Djibouti ; WHEREAS Decree No. 2023-083/PRE of 30 March 2023 reorganizing the institutional framework responsible for the fight against terrorism :
  WHEREAS Decree No. 2021-105/PRE of 24 May 2021 appointing the Prime Minister ; WHEREAS Decree No. 2021-106/PRE of 24 May 2021 appointing the Government ;

WHEREAS Decree No. 2021-114/PRE of 31 May 2021 fixing the attributions of Ministries; WHEREAS Decree No. 2022-001/PRE of 02 January 2022 on ministerial reshuffle; WHEREAS Circular No. 67/PAN of 03/03/2024 convening the National Assembly in public session ; The Council of Ministers heard in its session of 27 February 2024. HAS ADOPTED, IN ITS FIRST PUBLIC SESSION OF 06/03/2024, THE LAW OF WHICH THE TEXT FOLLOWS :
I. GENERAL PROVISIONS
Article 1: In addition to the provisions provided by the Penal Code and current legislation on money laundering, confiscation, and international cooperation regarding proceeds of crime, this law aims to prevent and combat the financing of terrorism.
II. TERMINOLOGY AND DEFINITIONS
Article 2: For the purposes of this law :
“Terrorist Act” means according to the definition appearing in Article 1 of the law on the fight against the financing of terrorism.
“Technical Committee” refers to the national committee for the fight against terrorism.
“Designate/Designation” refers to the identification of a person or entity as subject to targeted financial sanctions or subjecting a person or entity to targeted financial sanctions at the United Nations or national level, i.e., naming or identifying a person or entity as subject to a freeze on funds and other assets and a continuous prohibition by adding this person or entity to a UN or national sanctions “list”. “Entity” refers to any unregistered association, organization, partnership, fund, group, or other body without legal personality.

“Proceeds” has the same meaning as “proceeds of crime” as defined by article 1-1-2 of current legislation on money laundering, confiscation, and international cooperation regarding proceeds of crime. “Funds” refers to assets and property of any kind, tangible or intangible, movable or immovable, acquired by any means whatsoever, and documents or legal instruments in any form whatsoever, including electronic or digital, that prove ownership or interest in such assets, including, but not exclusively, bank credits, travel checks, bank checks, money orders, shares, securities, bonds, drafts, and letters of credit, this list being non-exhaustive. “Funds and Other Assets” refers to any property, including, non-exhaustively, financial assets, economic resources (including oil and other natural resources), property of any kind, tangible or intangible, movable or immovable, regardless of how acquired, as well as legal acts or instruments in any form, including electronic or digital, attesting to the ownership of such funds and other assets or rights thereto, including, non-exhaustively, bank credits, travel checks, bank checks, money orders, shares, securities, bonds