Prevention of Terrorism Act 2005

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The Prevention of Terrorism Act, 2005
No. 12 of 2005. ANTIGUA
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1The Prevention of Terrorism Act, 2005.

ANTIGUA AND BARBUDA

No. 12 of 2005

AN ACT to make provision for the implementation of the
Counter Terrorism Conventions of the United Nations Security
Council.

[ Published in the Official Gazette Vol. XXV
No. 57 dated 15th September, 2005 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows –

PART I

1. This Act may be cited as the Prevention of Terrorism Act
2005.

2. (1) In this Act, unless the context otherwise requires —

“aircraft” includes an aeroplane, glider, helicopter and
spacecraft;

“communication” means a communication received or
transmitted by post or a telegraphic, telephonic or other
communication received or transmitted by electricity,
magnetism, or other means;

Short title.

Interpretation.

[ L.S.]

I Assent,

James B. Carlisle,
Governor-General.

12th September, 2005.

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2 The Prevention of Terrorism Act, 2005.

“communications service provider” means a person who
provides services for the transmission or reception of
communications;

“counter terrorism convention” means any of the following
United Nations Conventions —

(a) Convention on Offences and certain Other Acts
committed on Board Aircraft signed at Tokyo on 14
September 1963;

(b) Convention for the Suppression of Unlawful Seizure
of Aircraft done at The Hague on 16 December 1970;

(c) Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at
Montreal on 23 September 1971;

(d) Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons,
including Diplomatic Agents, adopted by the
General Assembly of the United Nations on 14
December 1973;

(e) International Convention against the taking of
Hostages, adopted by the General Assembly of the
United Nations on 17 December 1979;

(f) Convention on the Physical Protection of Nuclear
Material, adopted at Vienna on 3 March 1980;

(g) Protocol for the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil
Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on 24 February 1988;

(h) Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation, done at
Rome on 10 March 1988;

(i) Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms located on the
Continental Shelf, done at Rome on 10 March 1988;

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3The Prevention of Terrorism Act, 2005.

(j) Convention on the Marking of Plastic Explosives
for the Purposes of Detection, signed at Montreal,
on 1 March 1991;

(k) International Convention for the Suppression of
Terrorist Bombings, adopted by the General
Assembly of the United Nations on 15 December
1997;

(l) International Convention for the Suppression of the
Financing of Terrorism, adopted by the General
Assembly of the United Nations on 9 December 1999;

“entity” means a person, group, trust, partnership, fund
or an unincorporated association or organization;

“financial institution” means a commercial bank, or any
other institution which makes loans advances or
investments or accepts deposits of money from the
public;

“financial intelligence unit” means the financial
intelligence unit of the ONDCP.

“master” in relation to a vessel, means the owner or person
(except a harbour master or pilot) having for the time being
command or charge of the vessel;

“Minister” means the Minister responsible for National
Security;

“ONDCP” means the Office of National Drug and Money
Laundering Control Policy established under section 3 of
the Office of National Drug and Money Laundering Control
Policy Act, 2003, No. 11 of 2003;

“Officer of the ONDCP” has the same meaning as is
assigned to it in section 2 of the Office of National Drug
and Money Laundering Control Policy Act 2003, No. 11 of
2003;

“operator” in relation to an aircraft, means the owner or
person for the time being in charge or command or control
of the aircraft;

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“property” includes money, securities and any movable
or immovable property wherever located;

“specified entity” means an entity in respect of which an
order under section 3(2) has been made, or is deemed by
reason of the operation of section 4(2) to have been made,
and is for the time being in force;

“Supervisory Authority” has the same meaning as the
meaning assigned to it by the Money Laundering
Prevention Act, No. 9 of 1996;

“terrorist act” means an act or threat of action which —

(a) involves serious bodily harm to a person;

(b) involves serious damage to property;

(c) endangers a person’s life;

(d) creates a serious risk to the health or safety of the
public or a section of the public;

(e) involves the use of firearms or explosives;

(f) involves releasing into the environment or any part
thereof or distributing or exposing the public or any
part thereof to —

(i) any dangerous, hazardous, radioactive or
harmful substance;

(ii) any toxic chemical;

(iii) any microbial or other biological agent or
toxin;

(g) is designed or intended to disrupt any computer
system or the provision of services directly related
to communications infrastructure, banking or
financial services, utilities, transportation or other
essential infrastructure;

(h) is designed or intended to disrupt the provision of
essential emergency services such as police, civil
defence or medical services;

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(i) involves prejudice to national security or public
safety;

and is intended, or by its nature and context, may
reasonably be regarded as being intended to —

(i) intimidate the public or a section of the public;
or

(ii) compel a government or an international
organization to do, or refrain from doing, any
act;

(iii) is made for the purpose of advancing a
political, ideological or a religious cause;

(iv) but an act which —

(a) disrupts any services; and

(b) is committed in pursuance of a protest,
industrial action, demonstration or
stoppage of work,

shall be deemed not to be a terrorist act within
the meaning of this definition, so long and so
long only as the act is not intended to result
in any harm referred to in paragraphs, (a), (b),
(c) or (d) of the definition of terrorist act under
this section;

“terrorist group means —

(a) an entity that has as one of its activities and
purposes, the committing of, or the facilitation of
the commission of, a terrorist act; or

(b) a specified entity;

“terrorist property” means —

(a) proceeds from the commission of a terrorist act;

(b) property which has been, is being, or is likely to be
used to commit a terrorist act; or

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6 The Prevention of Terrorism Act, 2005.

(c) property which has been, is being, or is likely to be
used by a terrorist group;

(d) property owned or controlled by or on behalf of a
terrorist group; or

(e) property which has been collected for the purpose
of providing support to a terrorist group or funding
a terrorist act.

“vessel” means any thing made or adapted for the
conveyance by water, of people or property;

“weapon” includes a firearm, explosive, chemical,
biological or nuclear weapon.

PART II

SPECIFIED ENTITIES

3. (1) Where the Commissioner of Police or the Director of
ONDCP has reasonable grounds to suspect that —

(a) an entity has knowingly —

(i) committed;

(ii) attempted to commit;

(iii) participated in committing; or

(iv) facilitated the commission,

of a terrorist act, or

(b) an entity is knowingly acting —

(i) on behalf of;

(ii) at the direction of;

(iii) in association with,

an entity referred to in paragraph (a), he may recommend to the
Attorney General that an Order be made under subsection (2) in
respect of that entity.

Orders declaring
certain entities
to be specified
entities.

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(2) If the Attorney General is satisfied that there is material to
support a recommendation made under subsection (1), he may,
by order—

(a) declare the entity in respect of which the
recommendation has been made, to be a specified
entity; and

(b) direct any financial institution in Antigua and
Barbuda to restrain or freeze any account or other
property held by the financial institution on behalf
of the specified entity.

(3) The Attorney General shall not later than seven days after
making the order publish it in the Gazette.

(4) A specified entity may apply to the Commissioner of Police
or the Director of the ONDCP, as the case may be, within ninety
days requesting the Commissioner of Police or the Director of
the ONDCP to recommend to the Attorney General the revocation
of an Order made under subsection (2), or deemed under
subsection 4(2) to have been made, in respect of that entity.

(5) If, on an application made under subsection (4), the
Commissioner of Police or the Director of the ONDCP —

(a) decides that there are reasonable grounds for making
the recommendation requested in the application,
he shall make the requested recommendation to the
Attorney General;

(b) decides that there are no reasonable grounds for
making the recommendation requested in the
application, he shall refuse the application and shall,
within 60 days of receiving the application, inform
the applicant of his decision.

(6) Within 60 days of receiving information of the decision
referred to in subsection (5), the applicant may apply to a Judge
of the High Court for a review of that decision.

(7) Upon an application being made under subsection (6), the
judge shall —

(a) examine in chambers, any security or intelligence
reports considered in recommending or making an

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order under subsection (2) in respect of the applicant
and hear any other evidence or information that may
be presented by or on behalf of the Commissioner
of Police or the Director of the ONDCP, and may, at
the request of the Commissioner of Police or the
Director of the ONDCP, hear all or part of that
evidence or information in the absence of the
applicant or any counsel representing the applicant,
if the judge is of the opinion that the disclosure of
the information would be prejudicial to national
security or endanger the safety of any person;

(b) provide the applicant with a statement summarizing
the information available to the judge, so as to enable
the applicant to be reasonably informed of the
reasons for the decision, without disclosing any
information the disclosure of which would, in the
judge’s opinion, be prejudicial to national security
or endanger the safety of any person;

(c) provide the applicant with a reasonable opportunity
to be heard; and

(d) determine whether the decision is reasonable on the
basis of the information available to the judge and,
if found not to be reasonable, make an order
compelling the Commissioner of Police or the Director
of the ONDCP to recommend to the Attorney General,
the revocation of the Order made, or deemed to have
been made, under subsection 4(2) in respect of the
applicant.

(8) The Judge may receive in evidence, anything (including
information obtained from the government or institution or
agency of a foreign state or an international organization), that,
in the opinion of the judge, is reliable and relevant, even if the
thing would not otherwise be admissible in law, and may base
his or her decision on that evidence.

(9) The Director of the ONDCP may, from time to time, review
all the Orders made under subsection (2) to determine whether
there are still reasonable grounds, as set out in subsection (1),
for any such Order to continue to apply to a specified entity, and
if he or she determines that there are not such reasonable

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grounds, shall recommend to the Attorney General, the
revocation of the Order made under subsection (2) in respect of
that specified entity.

4. (1) Where the Security Council of the United Nations
decides, in pursuance of Article 41 of the Charter of the United
Nations, on the measures to be employed to give effect to any of
its decisions and calls upon the Government of Antigua and
Barbuda to apply those measures, the Minister of Foreign Affairs
may, by Order published in the Gazette, make such provision as
may appear to him or her to be necessary or expedient to enable
those measures to be effectively applied.

(2) Where an Order under subsection (1), makes provision to
the effect that there are reasonable grounds to suspect that an
entity specified in the Order is engaged in terrorist activity, that
entity shall be deemed, with effect from the date of the Order, to
have been declared a specified entity under section 3 and the
provisions of subsections (3) to (8) shall apply to the specified
entity from the date of the Order.

PART III
OFFENCES

5. Any person, who —

(a) does, or threatens to do, or does an act preparatory
to or infurtherence of, a terrorist act; or

(b) omits to do anything that is reasonably necessary
to prevent a terrorist act,

commits an offence and is liable on indictment to imprisonment
for a term not exceeding twenty-five years.

6. Every person who —

(a) provides; or

(b) collects,

by any means, directly or indirectly, any funds, intending,
knowing or having reasonable grounds to believe that the funds
will be used in full or in part to carry out a terrorist act commits

Order for the
implementation
of measures to
give effect to
resolutiions of
the Security
Council.

Prohibition of
terrorist act.

Provision or
collection of
funds to commit
terrorist acts.

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an offence and shall on conviction on indictment be liable to a
term of imprisonment not exceeding twenty-five years.

7. Every person who, directly of indirectly, provides or makes
available, financial or other related services —

(a) intending that they be used, in whole or in part, for
the purpose of committing or facilitating the
commission of, a terrorist act or for the purpose of
benefiting any person who is committing or
facilitating the commission of, a terrorist act; or

(b) knowing that in whole or in part, they will be used
by, or will benefit, a terrorist group, commits an
offence and on conviction on indictment, is liable to
imprisonment for a term not exceeding twenty-five
years.

8. Every person who —

(a) uses property, directly or indirectly, in whole or in
part, for the purpose of committing or facilitating
the commission of a terrorist act; or

(b) possesses property intending that it be used or
knowing that it will be used, directly or indirectly, in
whole or in part, for the purpose of committing or
facilitating the commission of a terrorist act,

commits an offence and on conviction on indictment, is liable to
imprisonment for a term not exceeding twenty-five years.

9. (1) Every person who knowingly enters into, or becomes
concerned in, an arrangement which facilitates the acquisition,
retention or control by or on behalf of another person of terrorist
property —

(a) by concealment;

(b) by a removal out of jurisdiction;

(c) by transfer to a nominee; or

Collection of
property and
services, for
commission of
terrorist acts.

Use of property
for commission
of terrorist acts.

Money
laundering.

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(d) in any other way,

commits an offence and shall on conviction be liable on indictment
to imprisonment for a term not exceeding fifteen (15) years.

(2) Every person who knowingly —

(a) deals, directly or indirectly, in any terrorist property;

(b) acquires or possesses terrorist property;

(c) enters into, or facilitates, directly or indirectly, any
transaction in respect of terrorist property;

(d) converts, conceals or disguises terrorist property;

(e) provides financial or other services in respect of
terrorist property at the direction of a terrorist group,
commits an offence and on conviction, on indictment,
is liable to imprisonment for a term not exceeding
fifteen years.

(3) The offences referred to in subsections (1) and (2) shall be
deemed to be money laundering offences and the provisions of
sections 19A and 19B of the Money Laundering Prevention Act
shall apply to the property and other assets used in connection
with the commission of terrorist acts.

10. (1) Every person who knowingly, and in any manner —

(a) solicits support for, or gives support to, any terrorist
group; or

(b) solicits support for, or gives support to, the
commission of a terrorist act,

commits an offence and on conviction, on indictment, is liable
to imprisonment for a term not exceeding twenty-five years.

(2) For the purposes of paragraph (a) of subsection (1), an
offer to provide, or the provision of, forged or falsified travel
documents to a member of a terrorist group constitutes giving
of support to a terrorist group.

Soliciting and
giving of
support to
terrorist groups
or for the
commission of
terrorist acts.

No. 9 of 1996.

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11. Every person who harbours or conceals, or prevents,
hinders or interferes with the apprehension of, any other person
knowing, or having reason to suspect that such other person —

(a) has committed a terrorist act; or

(b) is a member of a terrorist group;

commits an offence and on conviction, on indictment, is liable to
imprisonment for a term not exceeding twenty-five years.

12. Every person who knowingly offers to provide, or provides
any weapon to —

(a) a terrorist group;

(b) a member of a terrorist group;

(c) any other person for use by, or for the benefit of, a
terrorist group or a member of a terrorist group,

commits an offence and on conviction, on indictment, is liable to
imprisonment for twenty-five years.

13. Every person who knowingly agrees to recruit, or recruits,
another person —

(a) to be a member of a terrorist group; or

(b) to participate in the commission of a terrorist act,

commits an offence and on conviction, on indictment, is liable to
imprisonment for a term not exceeding fifteen years.

14. Every person who, knowingly agrees to provide training
or instruction, or provides training or instruction —

(a) in the making or use of any weapon,

(b) in carrying out a terrorist act,

(c) in the practice of military exercises or movements,

Harbouring of
persons
committing
terrorist acts.

Provision of
weapons to
terrorist group.

Recruitment of
persons to be
members of
terrorist
groups or to
participate in
terrorist acts.

Provision of
training
and instruction
to terrorist
groups and
persons
committing
terrorist acts.

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to a member of a terrorist group or a person engaging in, or
preparing to engage in, the commission or a terrorist act commits
an offence and on conviction, on indictment, is liable to
imprisonment for fifteen years.

15. Every person who, in Antigua and Barbuda —

(a) knowingly promotes or facilitates the doing of any
act in a foreign state for the purpose of achieving
any of the following objectives (whether or not the
objective is achieved) —

(i) the overthrow, by force or violence, of the
government of that foreign state;

(ii) causing by force or violence, the public in
that foreign state to be in fear of death or bodily
injury;

(iii) causing death of, or bodily injury to a person
who –

(a) is the Head of State of that foreign state;
or

(b) holds or performs any of the duties of, a
public office of that foreign state;

(iv) unlawfully, destroying or damaging any
property belonging to the government of that
foreign state.

(b) recruits another person to become a member of, or
to serve in any capacity with, a body or association
of persons the objectives of which are, or include,
the objectives referred to in paragraph (a);

(c) accumulates, stockpiles or otherwise keeps, any
weapons for the purposes of doing any act referred
to in paragraph (a);

(d) trains or drills, or participates in the training or
drilling, of any other person in use of weapons or in
the practice of military exercises or movements to

Promotion or
facilitation of
the commission
of terrorist acts
in foreign states.

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prepare that person to do any act referred to in
paragraph (a);

(e) allows himself or herself to be trained or drilled, in
the use of weapons or in the practice of military
exercises or movements for the purpose of doing
any act referred to in paragraph (a); or

(f) gives any money or goods to, or performs services
for, any other person or body or association of
persons for the purpose of promoting or supporting
the doing of an act referred to in the paragraph (a);

(g) receives or solicits money or goods or the
performance of services for the purposes of
promoting or supporting the doing of an act referred
to in paragraph (a),

commits an offence and on conviction, on indictment, is liable to
imprisonment for a term not exceeding fifteen years.

16. Every person who being —

(a) the owner, occupier, lessee or person in charge of
any building, premises, room, or place knowingly
permits a meeting of persons to be held in that
building, premises, room or place;

(b) the owner, charterer, lessee, operator, agent, or
master of a vessel or the owner, charterer, lessee,
operator, agent or pilot in charge of an aircraft
knowingly permits that vessel or aircraft to be used;

(c) the owner, lessee or person in charge of any
equipment or facility that allows for recording or
conferencing or meeting via technology knowingly
permits that equipment or facility to be used;

for the purposes of committing an act which contributes an
offence under section 15 of this Act, or promoting or supporting
the commission of an offence under this Act commits an offence
and is liable on conviction, on indictment, to imprisonment for a
term not exceeding fifteen years.

Promotion of
offences under
section 15.

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15The Prevention of Terrorism Act, 2005.

17. (1) Every person who conspires with another person in
Antigua and Barbuda to do any act in any place outside Antigua
and Barbuda, being an act, which if done in Antigua and Barbuda
would have constituted an offence under this Act shall be deemed
to have conspired to do that act in Antigua and Barbuda.

(2) Every person who conspires with another person in a
place outside Antigua and Barbuda to do any act in Antigua and
Barbuda which constitutes an offence under this Act shall be
deemed to have conspired in Antigua and Barbuda to do that
act.

18. (1) Every person who —

(a) is a member of;

(b) professes to be a member of,

a terrorist group commits an offence and on conviction, on
indictment, is liable to imprisonment for term not exceeding fifteen
years.

(2) It shall be a defence for a person charged with an offence
under this section to prove that the entity in respect of which
the charge is brought was not a terrorist group at or on the date
that he or she —

(a) became a member of,

(b) professed to be a member of,

that entity, or that he or she has not taken part in the activities of
that entity, after it became a terrorist group.

19. (1) Every person who arranges, manages or assists in
arranging or managing a meeting which he or she knows is —

(a) to support a terrorist group;

(b) to further the activities of a terrorist group;

(c) to be addressed by a person who belongs or
professes to belong to a terrorist group,

Conspiracy to
commit offences
under this Act.

Membership of
terrorist groups.

Arrangements
of meetings in
support of
terrorist groups.

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commits and offence and on conviction, on indictment, he is
liable to imprisonment for a term not exceeding fifteen years.

(2) In this section “meeting” means a meeting of two or more
persons, whether or not the public are admitted.

20. Every person who —

(a) aids and abets the commission;

(b) attempts to commit;

(c) conspires to commit;

(d) counsels or procures the commission of,

an offence under this Act, commits an offence and on conviction,
on indictment, is liable to imprisonment for a term not exceeding
fifteen years.

PART IV

INVESTIGATION OF OFFENCES

21. Any police officer or an officer of the ONDCP may arrest
without warrant any person who has committed or is committing
or whom he has reasonable grounds for suspecting to have
committed or to be committing an offence under this Act.

22. (1) Subject to subsection (2), a police officer or an officer
of the ONDCP may, for the purpose of preventing the commission
of an offence under this Act or preventing interference in the
investigation of an offence under this Act, apply ex parte, to a
Judge of the High Court for a detention order.

(2) A police officer or an officer of the ONDCP may make an
application under subsection (1) only with the prior written
consent of the Attorney-General.

(3) A Judge to whom an application is made under subsection
(1) may make an order for the detention of the person named in
the application if the judge is satisfied that the written consent
of the Attorney General has been obtained as required by

Participation in
the commission
of offences
under this Act.

Powers of arrest.

Detention Order.

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subsection (2) and that there are reasonable grounds for
suspecting that —

(a) the person is preparing to commit an offence under
this Act; or

(b) is interfering, or likely to interfere with, an
investigation into an offence under this Act.

(4) An order under subsection (3) shall be for a period not
exceeding 48 hours in the first instance and may, on application
made by a police officer or an officer of the ONDCP, be extended
for a further period, provided that the maximum period of
detention under the order does not exceed 5 days.

(5) An order under subsection (3) shall specify the place at
which the person named in the order is to be detained and the
conditions subject to which he or she is to be detained (including
conditions relating to access to a government medical officer
and the video recording of the person in detention so as to
constitute an accurate, continuous and uninterrupted record of
his or her detention for the whole period of his or her detention).

23. (1) Subject to subsection (2), a police officer or an officer
of the ONDCP may, for the purpose of an investigation of an
offence under this Act, apply ex parte to a Judge of the High
Court for an order for the gathering of information.

(2) A police officer or an officer of the ONDCP may make an
application under subsection (1) only with the prior written
consent of the Attorney General.

(3) A Judge to whom a application is made under subsection
(1), may make an order for the gathering of information if the
Judge is satisfied that the written consent of the Attorney General
has been obtained as required by subsection (2) and —

(a) that there are reasonable grounds to suspect that —

(i) an offence under this Act has been committed,
and

(ii) information concerning the offence, or
information that may reveal the whereabouts

Power to gather
information.

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of a person suspected by the police officer of
having committed the offence, is likely to be
obtained as a result of the order; or

(b) that —

(i) there are reasonable grounds to suspect that
an offence under this Act will be committed;

(ii) there are reasonable grounds to suspect that
a person has direct and material information
that relates to an offence referred to in
subparagraph (i), or that may reveal the
whereabouts of a person who the police
officer suspects may commit the offence
referred to in this paragraph; and

(iii) reasonable attempts have been made to obtain
the information referred to in subparagraph
(ii) from the person referred to in that
subparagraph.

(4) An order made under subsection (3) may —

(a) order the examination, on oath or not, of a person
named in the order;

(b) order the person to attend at the place appointed by
the Judge, or by the Judge designated under
paragraph (d), as the case may be, for the examination
and to remain in attendance until excused by the
presiding Judge;

(c) order the person to bring to the examination any
document or thing in his or her possession or control,
and produce it to the presiding Judge;

(d) designate another Judge as the Judge before whom
the examination is to take place; and

(e) include any other terms or conditions that the Judge
considers desirable, including terms or conditions
for the protection of the interests of the person
named in the order and of third parties or for the
protection of any on going investigation.

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(5) An order made under subsection (3) may be executed
anywhere in Antigua and Barbuda.

(6) The Judge who made the order under subsection (3), or
another Judge of the same court, may vary its terms and
conditions.

(7) A person named in an order made under subsection (3)
shall answer questions put to the person by the Attorney General
or the Attorney General’s representative, and shall produce to
the presiding Judge documents or things that the person was
ordered to bring, but may refuse to do so if answering a question
or producing a document or thing would disclose information
that is protected by the law relating to non disclosure of
information or privilege.

(8) The presiding Judge shall rule on an objection or other
issue relating to a refusal to answer a question or to produce a
document or thing.

(9) No person shall be excused from answering a question or
producing a document or thing under subsection (7) on the
ground that the answer or document or thing may tend to
incriminate the person or subject the person to any proceedings
or penalty, but —

(a) no answer given or document or thing produced
under subsection (7) shall be used or received
against the person in any criminal proceedings
against that person, other than in a prosecution for
perjury or giving false evidence; and

(b) no evidence derived from the evidence obtained from
the person shall be used or received against the
person in any criminal proceedings against that
person, other than in a prosecution for perjury or
giving false evidence.

(10) A person has the right to retain and instruct counsel at
any stage of the proceedings under this section.

(11) The presiding Judge, if satisfied that any document or
thing produced during the course of the examination is likely to
be relevant to the investigation of any offence under this Act,

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20 The Prevention of Terrorism Act, 2005.

shall order that document or thing be given into the custody of
the police officer or an officer of the ONDCP, someone acting on
behalf of the police officer or an officer of the ONDCP.

24. (1) Subject to subsection (2), a police officer or an officer
of the ONDCP may, for the purpose of obtaining evidence of the
commission of an offence under this Act, apply, ex parte, to a
Judge of the High Court, for an interception of communications
order.

(2) A police officer or an officer of the ONDCP may make an
application under subsection (1) only with the prior written
consent of the Attorney-General.

(3) A Judge to whom an application is made under
subsection (1) may make an order —

(a) requiring a communications service provider to
intercept and retain a specified communication or
communications of a specified description received
or transmitted, or about to be received or transmitted
by that communications service provider;

(b) authorizing the police officer or the officer of the
ONDCP, as the case may be, to enter any premises
and to install on such premises, any device for the
interception and retention of a specified
communication or communications of a specified
description and to remove and retain such device, if
the Judge is satisfied that the written consent of the
Attorney General has been obtained as required by
subsection (2) and that there are reasonable grounds
to believe that material information relating to —

(i) the commission of an offence under this Act;
or

(ii) the whereabouts of the person suspected by
the police officer or an officer of the ONDCP
to have committed the offence, is contained
in that communication or communications of
that description.

Power to
intercept
communications
and the
admissibility of
intercepted
communications.

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21The Prevention of Terrorism Act, 2005.

(4) Any information contained in a communication —

(a) intercepted and retained pursuant to an order under
subsection (3);

(b) intercepted and retained in a foreign state in
accordance with the law of the foreign state and
certified by a Judge of that foreign state to have
been so intercepted and retained,

shall be admissible in proceedings for an offence under this Act,
as evidence of the truth of its contents notwithstanding the fact
that it contains hearsay.

25. (1) Where the Commissioner of Police or the Director of
the ONDCP, has reasonable grounds of suspecting that any
property has been, or is being, used to commit an offence under
this Act, he may seize the property.

(2) The Commissioner of Police or the Director of ONDCP,
may exercise his powers under subsection (1), whether or not
any proceedings have been instituted for an offence under this
Act in respect of that property.

(3) The Commissioner of Police or the Director of the ONDCP,
shall as soon as practicable after seizing any property under
subsection (1), make an application, ex-parte, to a Judge of the
High Court for a detention order in respect of that property.

(4) A Judge to whom an application is made under subsection
(3), shall not make a detention order in respect of the property
referred to in the application unless he —

(a) has given every person appearing to have an
interest in the property, a reasonable opportunity of
being heard;

(b) has reasonable grounds to believe that the property
has been, or is being, used to commit an offence
under this Act.

(5) Subject to subsection (6), every detention order made
under subsection (4), shall be valid for a period of 60 days, and
may, on application, be renewed by a Judge of the High Court,

Power to seize
property used in
commission of
terrorist acts.

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22 The Prevention of Terrorism Act, 2005.

for a further period of 60 days until such time as the property
referred to in the order is produced in court in proceedings for
an offence under this Act in respect of that property.

(6) A Judge of the High Court may release any property
referred to in a detention order made under subsection (4) if —

(a) he no longer has reasonable grounds to suspect
that the property has been or is being used to commit
an offence under this Act; or

(b) no proceedings are instituted in the High Court for
an offence under this Act in respect of that property
within 6 months of the date of the detention order.

(7) A seizure of any property by the Commissioner of Police
or the Director of the ONDCP under subsection (1) shall be
deemed not to be a contravention of section 8.

(8) No civil or criminal proceedings shall lie against the
Commissioner of Police or the Director of the ONDCP for a seizure
of property, made in good faith, under subsection (1).

PART V

TRIAL OF OFFENCES

26. (1) The High Court shall have jurisdiction to try offences
under this Act.

(2) The High Court shall have jurisdiction to try an offence
under this Act if the act or omission constituting the offence is
committed in Antigua and Barbuda.

(3) For the purposes of subsection (2), an act or omission
committed outside Antigua and Barbuda and which would if
committed in Antigua and Barbuda constitute an offence under
this Act shall be deemed to have been committed in Antigua and
Barbuda if —

(a) the person committing the act or omission is —

(i) a citizen of Antigua and Barbuda;

Jurisdiction to
try offences
under this Act.

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23The Prevention of Terrorism Act, 2005.

(ii) not a citizen of any country but is ordinarily
resident in Antigua and Barbuda.

(b) the act or omission is committed to compel the
Government of Antigua and Barbuda to do or refrain
from doing any act;

(c) the act or omission is committed against a citizen of
Antigua and Barbuda;

(d) the act or omission is committed against property
belonging to the Government of Antigua and
Barbuda outside Antigua and Barbuda; or

(e) the person who commits the act or omission is after
its commission, present in Antigua and Barbuda.

27. Where in any proceedings for an offence under this Act,
a question arises as to whether any thing or a substance is a
weapon, a hazardous, radioactive or a harmful substance, a toxic
chemical or microbial or other biological agent or toxin, a certificate
purporting to be signed by an appropriate authority to the effect
that the thing or substance described in the certificate is a weapon,
hazardous, radioactive or harmful substance, a toxic chemical or
microbial or other biological agent or toxin, shall be admissible
in evidence without proof of the signature or authority of the
person appearing to have signed it and shall, in the absence of
evidence to the contrary, be proof of the facts stated therein.

28. (1) Where any person is convicted of an offence under
this Act, the High Court may order that any property —

(a) used for, or in connection with; or

(b) received as payment or reward for,

the commission of that offence, be forfeited to the State.

(2) Before making an order under subsection (1), the court
shall give every person appearing to have an interest in the
property in respect of which the order is proposed to be made,
an opportunity of being heard.

Evidence by
certificate.

Orders for
forfeiture of
property on
conviction for
offences under
this
Act.

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24 The Prevention of Terrorism Act, 2005.

(3) Property forfeited to the State under subsection (1) shall
vest in the State —

(a) if no appeal has been made against the order, at the
end of the period within which an appeal may be
made against the order; and

(b) if an appeal has been made against the order, on the
final determination of the appeal.

PART VI

INFORMATION SHARING, EXTRADITION AND
MUTUAL ASSISTANCE IN CRIMINAL MATTERS

29. The Commissioner of Police or the Director of the ONDCP
may, on a request made by the appropriate authority of a foreign
state, disclose to that authority, any information in his possession
or in the possession of any other government department or
agency, relating to any of the following —

(a) the actions or movements of terrorist groups or
persons suspected of involvement in the commission
of terrorist acts;

(b) the use of forged or falsified travel papers by persons
suspected of involvement in the commission of
terrorist acts;

(c) traffic in weapons and sensitive materials by terrorist
groups or persons suspected of involvement in the
commission of terrorist acts;

(d) the use of communications technologies by terrorist
groups;

if the disclosure is not prohibited by any provision of law
and will not, in the Commissioner’s view be prejudicial to
national security or public safety.

30. (1) Where Antigua and Barbuda becomes a party to a
counter terrorism convention and there is in force, an extradition
arrangement between the Government of Antigua and Barbuda
and another state which is a party to that counter terrorism

Exchange of
information
relating to
terrorist groups
and terrorist
acts.

Counter
terrorism
conventions to
be used as basis
for extradition.

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25The Prevention of Terrorism Act, 2005.

convention, the extradition arrangement shall be deemed, for
the purposes of the Extradition Act, to include provision for
extradition in respect of offences falling within the scope of that
counter terrorism convention.

(2) Where Antigua and Barbuda becomes a party to a counter
terrorism convention and there is no extradition arrangement
between the Government of Antigua and Barbuda and another
state which is a party to that counter terrorism convention, the
Minister may, by Order published in the Gazette, treat the counter
terrorism convention, for the purposes of the Extradition Act as
an extradition arrangement between the Government of Antigua
and Barbuda and that state, providing for extradition in respect
of offences falling within the scope of that counter-terrorism
convention.

31. (1) Where Antigua and Barbuda becomes a party to a
counter terrorism convention and there is in force, an arrangement
between the Government of Antigua and Barbuda and another
state which is a party to that counter terrorism convention, for
mutual assistance in criminal matters, the arrangement shall be
deemed, for the purposes of the Mutual Assistance in Criminal
Matters Act, to include provision for mutual assistance in criminal
matters in respect of offences falling within the scope of that
counter terrorism convention.

(2) Where Antigua and Barbuda becomes a party to a counter
terrorism convention and there is no arrangement between the
Government of Antigua and Barbuda and another state which is
a party to that counter terrorism convention for mutual assistance
in criminal matters, the Minister may, by Order published in the
Gazette, treat the counter terrorism convention as an arrangement
between the Government of Antigua and Barbuda and that state
providing for mutual assistance in criminal matters in respect of
offences falling within the scope of that counter terrorism
convention.

32. (1) Notwithstanding anything in the Extradition Act or
Mutual Legal Assistance in Criminal Matters Act an offence
under this Act or an offence under any other Act, where the Act
or omission constituting the offence also constitutes a terrorist
act, shall, for the purposes of extradition or mutual assistance,
be deemed not to be —

(a) an offence of a political character or an offence
connected with a political offence or an offence
inspired by political motives; or

No. 12 of 1993.

Counter
terrorism
convention to
be used as basis
for mutual
assistance in
criminal
matters.

Offences under
this Act deemed
not to be
offences of a
political
character for the
purposes of
extradition

No. 12 of 1993.
No. 2 of 1993.

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26 The Prevention of Terrorism Act, 2005.

(b) a fiscal offence.

(2) Notwithstanding anything in the Mutual Legal Assistance
in Criminal Matters Act, no request for mutual assistance in
relation to an offence under this Act or an offence under any
other Act where the act or omission also constitutes a terrorist
act may be declined solely on the basis of secrecy.

PART VII

MISCELLANEOUS

33. (1) Every person who has any information which will be
of assistance in —

(a) preventing the commission by another person, of a
terrorist act;

(b) securing the arrest or prosecution of another person
for an offence under this Act, or an offence under
any other Act where the act or omission also
constitutes a terrorist act,

shall forthwith disclose the information to a police officer or an
officer of the ONDCP who shall immediately take appropriate
action and inform his superior officer of the action taken.

(2) Nothing in subsection (1) requires the disclosure of any
information which is protected by privilege.

(3) No civil or criminal proceedings shall lie against any person
for disclosing any information, in good faith, under subsection
(1).

(4) Any person who without reasonable cause fails to comply
with subsection (1) commits an offence and on conviction, is
liable to imprisonment for a term not exceeding five years.

(5) Any police officer or an officer of the ONDCP specified in
subsection (1) who without reasonable cause fails to take
immediate action in respect of any information disclosed in
accordance with subsection (1) commits an offence and on
conviction is liable to imprisonment for a term not exceeding five
years.

No. 2 of 1993.

Duty to disclose
information
relating to
offences and
terrorist acts.

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27The Prevention of Terrorism Act, 2005.

34. (1) Every person shall forthwith disclose to the
Commissioner of Police or the Director of the ONDCP or an
officer designated by the Commissioner of Police or the Director
of the ONDCP for that purpose —

(a) the existence of any property in his or her
possession or control, which is to his or her
knowledge, owned or controlled by or on behalf of a
terrorist group;

(b) any information regarding a transaction or proposed
transaction in respect of any property referred to in
paragraph (a).

(2) The Commissioner of Police or the Director of the ONDCP
shall disclose to the Financial Intelligence Unit of a foreign state
or the appropriate authority of a foreign state, as the case may
be, any information in its possession relating to any property
owned or controlled by or on behalf of a terrorist group if such
information is requested or if the Commissioner of Police or the
Director of the ONDCP is of the view that the information would
be relevant to a foreign state.

(3) Every financial institution shall report, every three months,
to the Director of the ONDCP and any person authorized by law
to supervise and regulate that Financial Institution —

(a) that it is not in possession or control of any property,
owned or controlled by or on behalf of a terrorist
group;

(b) that it is in possession or control of such property,
and the particulars relating to the persons, accounts,
and transactions involved and the total value of the
property.

(4) In addition to the requirements of subsection (2), every
financial institution shall report, to the Director of the ONDCP,
every transaction which occurs within the course of its activities,
and in respect of which there are reasonable grounds to suspect
that the transaction is related to the commission of a terrorist
act.

(5) No civil or criminal proceedings shall lie against any person
for making a disclosure or report, in good faith, under subsection
(1) or (2), or (3) or (4).

Duty to disclose
information
relating to
property of
terrorist groups
or property used
for commission
of offences
under this Act.

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28 The Prevention of Terrorism Act, 2005.

(6) Every person who fails to comply with subsection (1) or
(2) or (3) commits an offence and shall on conviction, be liable to
imprisonment for a term not exceeding five years.

35. (1) Where the Commissioner of Police or the Director of
the ONDCP has reasonable grounds to suspect that any property
has been, is being, or may be used to commit an offence under
this Act, he shall seize that property.

(2) The Commissioner of Police or the Director of the ONDCP
may exercise his powers under subsection (1) whether or not
any proceedings have been instituted for an offence under this
Act in respect of that property.

(3) The Commissioner of Police or the Director of ONDCP,
shall as soon as practicable, after seizing any property under
subsection (1) and in any event within ten days, make an
application ex parte, to a Judge of the High Court for a detention
order in respect of that property.

(4) Where a Judge of the High Court is satisfied, on an ex
parte application made to the Judge in chambers by the
Commissioner of Police or the Director of the ONDCP, that
there are reasonable grounds to suspect that there is in any
building, place or vessel, any property in respect of which an
order of forfeiture may be made under section 37, the Judge
may issue —

(a) a warrant authorizing a police officer or an officer of
the ONDCP , as the case may be, to search the
building, place or vessel for that property and to
seize that property if found, and any other property
in respect of which the police officer or the officer of
the ONDCP suspects, on reasonable grounds, that
an order of forfeiture may be made under section 37;

(b) a restraint order prohibiting any person from
disposing of, or otherwise dealing with any interest
in, that property, other than as may be specified in
the order.

(5) On an application made under subsection (1), the Judge
may, at the request of the Attorney General or if the Judge is of
the opinion that the circumstances so require —

Order for seizure
and restraint of
property.

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29The Prevention of Terrorism Act, 2005.

(a) appoint a person to take control of, and manage or
otherwise deal with, the whole or a part of the
property, in accordance with the directions of the
Judge;

(b) require any person having possession of the
property to give possession thereof to the person
appointed under paragraph (a).

(6) The power to manage or otherwise deal with property
under subsection (2) includes —

(a) in the case of perishable or rapidly depreciating
property, the power to sell that property; and

(b) in the case of property that has little or no value, the
power to destroy that property.

(7) Before a person appointed under subsection (2) destroys
any property referred to in subsection 3 (b), he shall apply to a
Judge of the High Court for a destruction order.

(8) Before making a destruction Order in relation to any
property, the Judge shall require notice to be given, in such
manner as the Judge may direct, to any person who, in the
opinion of the Judge, appears to have an interest in the
property and may provide that person with a reasonable
opportunity to be heard.

(9) A Judge may order that any property in respect of which
an application is made under subsection (4), be destroyed if he
or she is satisfied that the property has little or no financial or
other value.

(10) A management order under subsection (2) shall cease to
have effect when the property which is the subject of the
management order is returned to an applicant in accordance
with the law or forfeited to the Crown.

(11) The Attorney General may at any time apply to a Judge
of the High Court to cancel or vary a warrant or order issued
under this section.

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30 The Prevention of Terrorism Act, 2005.

36. (1) Where the Minister has reasonable grounds to believe
that a person outside Antigua and Barbuda is committing, or is
likely to commit, a terrorist act in Antigua and Barbuda, the
Minister may, by order, published in the Gazette, prohibit —

(a) all persons in Antigua and Barbuda;

(b) all citizens of Antigua and Barbuda resident outside
Antigua and Barbuda,

from making funds available to, or for the use or benefit, of the
first mentioned person, who shall be named in the Order or be
identified by reference to a description of persons set out in the
Order.

(2)(a) Every Order made under subsection (1) shall be
brought before the House of Representatives
immediately after its publication in the Gazette for
affirmative resolution.

(b) Every such Order shall cease to have effect at the
end of a period of 30 days from the date of its
publication in the Gazette, unless it is approved by a
resolution of the House of Representatives before
the end of that period.

(c) Any Order which is not so approved by the House
of Representatives shall be deemed to be rescinded
with effect from the date on which the period of 30
days referred to in this section ends.

(d) Where an Order is deemed to be rescinded by reason
of the operation of paragraph (c), the Minister shall
cause notice of such rescission to be published in
the Gazette.

(e) In calculating the period of 30 days referred to in
paragraph (b), no account shall be taken of any days
on which the House of Representatives stands
dissolved, prorogued or adjourned.

(3) Every person who does any act in contravention of an
order made under this section commits an offence and on
conviction, is liable to imprisonment for a term not exceeding
fifteen years.

Power to
prohibit making
funds available
to persons in
foreign states to
commit terrorist
acts.

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31The Prevention of Terrorism Act, 2005.

37. (1) The Attorney General may make an application to a
Judge of the High Court for an order of forfeiture in respect of —

(a) property owned or controlled by, or on behalf of, a
terrorist group; or

(b) property that has been, is being or will be used, in
whole or part, to commit, or facilitate the commission
of, a terrorist act.

(2) The Attorney General shall be required to name as
respondents to an application under subsection (1) only those
persons who are known to own or control the property that is
the subject of the application.

(3) The Attorney General shall give notice of an application
under subsection (1) to the respondents named in the application
in such manner as the Judge may direct.

(4) If a Judge is satisfied, on a balance of probabilities, that
the property which is the subject of the application, is property
referred to in subsection (1) (a) or (b), the Judge shall order that
the property be forfeited to the State to be disposed of as directed
by the Judge.

(5) Where a Judge refuses an application under subsection
(1), the Judge shall make an order that described the property
and declare that it is not property referred to in that subsection.

(6) On an application under subsection (1), a Judge may
require notice to be given to any person, who in the opinion of
the Judge, appears to have an interest in the property, and any
such person shall be entitled to be added as a respondent to the
application.

(7) If a Judge is satisfied that a person referred to in subsection
(6) —

(a) has an interest in the property which is the subject
of the application;

(b) has exercised reasonable care to ensure that the
property would not be used to commit or facilitate
the commission of a terrorist act; and

Orders for
forfeiture of
property.

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32 The Prevention of Terrorism Act, 2005.

(c) is not a member of a terrorist group,

the Judge shall order that the nature and extent of the interest in
question, be declared and that the interest so declared shall not
be affected by the Order.

(8) A person who claims an interest in property that has been
forfeited and who has not been given notice under subsection
(6) may make an application to the Court of Appeal of the Eastern
Caribbean Supreme Court to vary or set aside an order made
under subsection (4) not later than 60 days after the day on
which the forfeiture order was made.

(9) Pending the determination of an appeal against an order
of forfeiture made under this section, property restrained under
section 35 shall continue to be restrained, property seized under
a warrant issued under that section shall continue to be detained,
and any person appointed to manage, control or otherwise deal
with the property under that section shall continue in that
capacity.

(10) The provisions of this section shall not affect the
operation of any other provision of this Act respecting forfeiture.

38. (1) The Attorney General may sign a certificate stating
that it is his opinion, based on information received, including
any security or criminal intelligence reports, that there are
reasonable grounds to suspect that an applicant for registration
as a registered charity or for incorporation as a non-profit
company (in this section referred to as “the applicant”) or a
registered charity or a non profit company has made, is making,
or is likely to be made available, any resources, directly or
indirectly, to a terrorist group.

(2) A copy of the signed certificate shall be served on the
applicant personally or by registered letter sent to its last known
address with a copy of the certificate.

(3) The certificate or any matter arising out of it shall not be
subject to review or be restrained, prohibited, removed, set aside
or otherwise dealt with, except in accordance with this section.

(4) Within fourteen days of receipt of the signed copy of the

Refusal of
applications for
registration, and
the revocation
of the
registration, of
charities linked
to terrorist
groups.

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33The Prevention of Terrorism Act, 2005.

certificate under subsection (2) the applicant or the registered
charity or the non-profit company may make application to the
High Court to review the decision of the Attorney General.

(5) Upon the filing of a certificate in the High Court under
subsection (4), a Judge of that court shall —

(a) examine in chambers, the information, including any
security or criminal or intelligence reports,
considered by the Attorney General before signing
the certificate and hear any evidence or information
that may be presented by or on behalf of the Attorney
General (whether or not such information is
admissible in a court of law), and may, on the request
of the Attorney General, hear all or part of that
evidence or information in the absence of the
applicant, or any counsel representing the applicant,
or if the Judge is of the opinion that the disclosure
of the information would be prejudicial to national
security or endanger the safety of any person;

(b) provide the applicant with a statement summarizing
the information available to the Judge so as to enable
the applicant to be reasonably informed of the
circumstances giving rise to the certificate, without
disclosing any information the disclosure of which
would, in the Judge’s opinion, be prejudicial to
national security or endanger the safety of any
person;

(c) provide the applicant with a reasonable opportunity
to be heard; and

(d) determine whether the certificate is reasonable on
the basis of all the information available to the Judge
or if found not reasonable, quash it.

(6) A determination under subsection (5) shall not be subject
to appeal or review by any court.

(7) Where the Judge determines, under subsection (5), that a
certificate is reasonable, the Attorney General shall cause the
certificate to be published in the Gazette.

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34 The Prevention of Terrorism Act, 2005.

(8) A certificate determined to be reasonable under subsection
(5), shall be deemed for all purposes to be sufficient grounds for
the refusal of the application for registration of the charity or the
incorporation of non-profit company referred to in the certificate
or the revocation of the registration of the charity or the
cancellation of the non-profit company referred to in the
certificate.

(9) Where the Judge determines the certificate to be
reasonable, he shall order —

(a) the registration or the continued registration of the
charity; or

(b) the incorporation or the continuation of the non-
profit company.

39. (1) The operator of —

(a) an aircraft or master of a vessel, departing from
Antigua and Barbuda; or

(b) an aircraft registered in Antigua and Barbuda or
master of a vessel registered in Antigua and Barbuda,
departing from any place outside Antigua and
Barbuda,

may subject to regulations made under subsection
(6), provide —

(i) to the Chief Immigration Officer any
information in his or her possession, relating
to persons on board, or expected to be on
board, the aircraft or vessel, as the case may
be;

(ii) to the competent authority in a foreign state,
any information in his or here possession,
relating to persons on board, or expected to
be on board, the aircraft or vessel, as the case
may be, and required by the laws of that
foreign state.

(2) Notwithstanding subsection (4) the Chief Immigration
Officer shall, on request, provide to the Commissioner of Police

Provision of
information
relating
to passengers of
vessels and
aircraft and
persons entering
and leaving the
country.

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35The Prevention of Terrorism Act, 2005.

or the Director of the ONDCP any information received pursuant
to subsection (1)(b)(i).

(3) No information received by the Commissioner of Police or
the Director of the ONDCP under subsection (2) shall be used or
disclosed for any purpose except for the purpose of protecting
national security or public safety.

(4) The provision of any information under subsection (1) or
(2) shall, subject to regulations made under subsection (6), be
deemed not to be a contravention of any provision of law
prohibiting the disclosure of the information.

(5) No information provided to the Chief Immigration Officer
under subsection (1) shall be used or disclosed by the Chief
Immigration Officer except for the purpose of protecting national
security or public safety.

(6) The Minister may make regulations generally to give effect
to the purposes of this section, including regulations —

(a) respecting the types or classes of information that
may be provided under this section;

(b) specifying the foreign states to which the
information may be provided.

40. (1)The Chief Immigration Officer or other authorized officer
under the laws relating to immigration shall not grant an
endorsement or other authority permitting a person to enter
Antigua and Barbuda if he or she has reasonable grounds to
suspect that that person has been, is, or will be, involved in the
commission of a terrorist act.

(2) Where the Minister in charge of Immigration has
reasonable grounds to suspect that a person in Antigua and
Barbuda has been, is or will be, involved in the commission of a
terrorist act, he or she may make an order requiring that person
to leave Antigua and Barbuda and remain thereafter out of
Antigua and Barbuda.

Power to prevent
entry and order
the removal of
persons.

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36 The Prevention of Terrorism Act, 2005.

(3) A person with respect to whom an order under subsection
(2) is made shall leave Antigua and Barbuda and shall, so long
as the order is in force, remain out of Antigua and Barbuda.

(4) A person with respect to whom an order under subsection
(2) is made may be detained in such manner as may be directed
by the Minister in charge of Immigration and may be placed on
a vessel or aircraft leaving Antigua and Barbuda.

41. The Minister responsible for Immigration may, having
regard to the interests of national security and public safety,
refuse the application of any person applying for status as a
refugee, if he or she has reasonable grounds to believe that the
applicant has committed a terrorist act or is or is likely to be,
involved in the commission of a terrorist act.

42. (1) The Minister may make regulations in respect of all
matters in respect of which regulations are required or authorized
to be made by this Act.

(2) Every regulation made under subsection (1), shall, as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval by affirmative resolution.

(3) Any regulation which is not so approved by Parliament
shall be deemed to be rescinded as from the date of
disapproval, but without prejudice to anything previously
done thereunder.

(4) Where an Order is deemed to be rescinded by reason of
the operation of subsection (3), the Minister shall cause notice
of such rescission to be published in the Gazette.

43. (1) The Prevention of Terrorism Act, 2001, No. 15 of 2001
is repealed

(2) Notwithstanding subsection (1), regulations, orders or
directions made or issued under the repealed Act shall remain in
force until they are revoked.

Power to refuse
refugee applica-
tion.

Power to make
Regulations.

Repeal.

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37The Prevention of Terrorism Act, 2005.

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Acting Government Printer
— By Authority, 2005.

800—9.05 [ Price $14.50 ]

Passed by the House of Representatives
this 15th day of July, 2005.

D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Acting Clerk to the House of

Representatives.

Passed by the Senate this
12th day of August, 2005.

Hazlyn M. Francis,
President.

Yvonne Henry,
Acting Clerk to the Senate.

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38 The Prevention of Terrorism Act, 2005.

(d) co-operation with foreign jurisdictions in the matter of terrorism
generally; and

(e) implementing the international commitments of Antigua and Barbuda
in respect of terrorism.

Clause 1 retains the short title to the existing Act.

4. For the avoidance of doubt and for purposes of ensuring certainty, Clause 2,
defines words and phrases used in the several clauses of the Bill. Clause 2 also
provides a list of all the counter terrorism conventions adopted by the United
Nations and other Multilateral Agreements. Particular care is taken under this
clause to describe all acts which the law would recognize as “terrorist acts”. The
description excludes disruption of services and acts committed in pursuance of
lawful industrial and political protest, demonstrations or stoppages of work so
long as these acts do not involve serious bodily harm to persons, damage to
property or danger to a person’s life. In order to reach terrorist property wherever
located the definition is deliberately broadened to achieve its intended objective.

5. Part II of the Bill makes provision to authorize the Commissioner of Police or
the Director of the ONDCP to identify entities in respect of which there are
reasonable grounds to suspect that such entities have committed, promoted,
participated in or facilitated the commission of certain acts with the knowledge
that such acts are acts which the law has declared to be terrorist acts.

6. Certain consequences follow the identification of an entity as a specified
entity. These are: the declaration and publication of the identified entity as a
specified entity, the freezing and restraining of the accounts and other properties
of the specified entity. It would be proposed in clause 3, that the Attorney General
shall, on the recommendation of the Commissioner of Police or the Director of the
ONDCP, publish in the Gazette the name of any person in respect of whom there
exist reasonable grounds to suspect that it has committed or is likely to commit a
terrorist act as specified entity. Furthermore, the accounts and other properties
held in a financial institution on behalf of a specified entity and believed on
reasonable grounds to have been used in, or likely to be used in, the commission
of terrorist act would be instantly frozen by the Order to the Supervisory Authority.

7. Provision is also made under clause 3 to give a specified entity the right to
make representation for the order made against it to be revoked by the Attorney
General or, in the event of his refusal to revoke, to apply to a judge of the High
Court to determine whether there is justification for the declaration and publication
of the name of the entity as a specified entity.

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39The Prevention of Terrorism Act, 2005.

8. Under Article 41 of the United Nations Charter, Governments of countries
which are members of the United Nations have an obligation to give effect to
decisions of the Security Council. In pursuance of this Article, clause 4
authorises the Minister of Foreign Affairs to give effect to decisions of the
Security Council by making an order to that effect. To this end, decisions of
the United Nations Security Council, which provides the names of entities as
entities which have been engaged in terrorist acts may, in accordance with
clause 3, be deemed, from the date of the Order, to be a specified entity and
there upon all the consequences prescribed under clause 3 would be applicable
to them.

9. The United Nations Security Council Resolution 1373 (2001) provides in
paragraph 1(a) that all states shall, among other obligations, prevent and suppress
the financing of terrorist acts and criminalize the willful 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 carry out terrorist acts.

10. In compliance with the above resolution, clauses 6 and 7 create the offence
of collection of funds for or making available financial or other services to terrorists
with the intended purpose of committing or facilitating the commission of terrorist
acts. This offence is considered to be as serious as the Commission of the terrorist
act itself. Hence, the maximum penalty is the same as the commission of a terrorist
offence.

11. Clause 5 of the Bill would, also implement the obligation to criminalize acts
described in the interpretation section as terrorist acts. Clause 5 would criminalize
certain acts, threats or acts which are preparatory to or in furtherance of terrorist
acts or omissions, as serious offences, and prescribe a maximum penalty of twenty-
five years imprisonment for a violation of this offence.

12. Money Laundering has been identified as one of the sources from which
terrorists obtain their finance. Accordingly, clause 9 has created, as an offence,
certain terrorist related acts, as acts which would also constitute money
laundering offences.

13. The first part of clause 9 makes it an offence to enter into any arrangement
which would facilitate the acquisition, retention or control of terrorist property on
behalf of another person either by way of concealment, removal from jurisdiction
or transfer to a nominee. The second part criminalizes dealing in, acquisition or
possession of terrorist property. Transactions by way of conversion, concealment
or disguising of terrorist property are also criminalized. Finally, the provision of
financial and other services to money launderers engaged in terrorist financing are
prohibited.

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40 The Prevention of Terrorism Act, 2005.

14. The Money Laundering Prevention Act, deals with funds and properties
derived from money laundering activities in a special manner. Clause 9(3)
would apply the freezing and forfeiture provisions of the Money Laundering
Prevention Act to property and other assets used in connection with the
commission of, or obtained as reward for facilitating or participating in, terrorist
acts.

15. The Security Council Resolutions 1269 and 1373 call upon all states to deny
safe haven within their states to persons who plan and carry out terrorist acts.
Clauses 10 and 11 would give effect to this resolution by criminalizing, the soliciting
of support to any terrorist group, or the provision of support to persons who
commit terrorist acts or the giving of support to those who harbour or provide safe
haven to terrorist, or interference with the apprehension of persons suspected of
terrorist acts or belonging to terrorist organizations.

16. Clauses 12 to 20 would make it unlawful to offer weapons to terrorist or
terrorists groups or to recruit persons to be members of terrorist groups or to
participate in terrorist acts or to arrange meetings in support of terrorist groups.
The offences created under these clauses would implement paragraph 2(a) of the
Security Council Resolution 1373 which decides that all states shall refrain from
providing any form of support, active or passive, to entities or persons involved in
terrorist acts, including by suppressing recruitment of members of terrorist groups
and eliminating the supply of weapons to terrorists.

17. Part IV of the Bill makes provision for the arrest, detention and information
gathering as part of the investigative tools designed to implement paragraph
2(e) of the UN Security Council Resolution 1373. This resolution requires all
states to ensure that any person who participates in the financing, planning,
preparation or perpetration of terrorist acts is brought to justice. The resolution
calls upon all states to ensure that such terrorist acts are established as serious
criminal offences in the domestic laws and punished appropriately. In
compliance with this Resolution, clause 21 authorises a police officer or an
officer of the ONDCP to arrest instantly and without warrant, any person who
has committed or who is committing, or who is suspected of having committed
a terrorist offence.

18. This Bill recognizes that information gathering for purposes of obtaining
evidence in judicial proceedings must be conducted in accordance with the law
Consequently, the Bill makes provision to authorize a police officer or an officer of
the ONDCP to apply to a Judge of the High Court to order the detention of persons
suspected of committing an offence under this Act for a period not exceeding five
days, if there are reasonable grounds to suspect that the person against whom the
order is made has interfered with, or is interfering with, investigations relating to
the commission of a terrorist act.

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41The Prevention of Terrorism Act, 2005.

19. The application would also request a Judge of the High Court to order the
attendance of a named person at a place designated by the Judge for examination
and, if in possession or in control of relevant documents, to produce those
documents.

20. No order may be made under clause 23 unless the prior consent of the
Attorney General has been obtained and the Judge is satisfied that an offence
under the Act has been committed and the information concerns the offence or
may reveal the whereabouts of the suspected person or that the suspected person
has material information that relates to the offence.

21. Part V which consists of clauses 26 to 28 addresses the issue of jurisdiction.
Under Security Council Resolution 1373 states are required, in relation to the
obligation under paragraph 1(b) and 1(d) to extend the states jurisdiction to nationals
committing offences outside the state. There is no obligation to provide extra
territorial jurisdiction over terrorist offences. However, the global dimensions of
terrorist financing and targets of terrorist acts call for a universalist approach to
the adoption of extra territorial measures for the prevention of terrorist acts.

22. In pursuance of paragraph 1(b) and 1(d) of UN Security Council Resolution
1373 referred to above, clause 26 gives the High Court jurisdiction over acts or
omissions which would occur in Antigua and Barbuda and which would constitute
offences under this Act. The High Court jurisdiction includes terrorist offences
committed by citizens of Antigua and Barbuda or persons belonging to no particular
state, but are ordinarily resident in Antigua and Barbuda, acts or omissions
committed to compel the Government of Antigua and Barbuda to do or refrain from
doing an act, or acts committed against citizens of or property of the Government
of Antigua and Barbuda. Subclause (3) of clause 26 would extend the jurisdiction
of the High Court to acts or omissions which occur outside Antigua and Barbuda,
which if committed in Antigua and Barbuda, would constitute an offence in Antigua
and Barbuda.

23. Clause 26 would also give jurisdiction to the High Court to order the forfeiture
of property of any person convicted of an offence under this legislation, if the
property is used for, or in connection with or received as payment of reward for, the
commission of an offence under this Act. Interested parties of properties that
would be forfeited under this Legislation would be given the opportunity to
intervene and state their claim.

24. The global reach of terrorism requires an effective information sharing
mechanism. The Mutual Assistance in Criminal Matters Act is recognized as an
effective mechanism designed to enable information sharing internationally. Thus,
the provisions of clauses 29 to 32 would implement paragraph 2(f) of the UN
Security Council Resolution 1373. Under this resolution states have obligation to

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42 The Prevention of Terrorism Act, 2005.

afford one another the greatest measure of assistance in connection with criminal
investigations or criminal proceedings relating to the financing or support of terrorist
acts, including assistance in obtaining evidence that would be used in the
prosecution of offenders.

25. The provisions of Part IV of the Bill would give effect to these resolutions.
Clause 29 would authorise the Commissioner of Police or the Director of the ONDCP
to disclose, on request to an appropriate authority of a foreign state, information
relating to actions or movements of terrorist groups, or involvement in the
commission of terrorist acts, or the use of forged or falsified travel papers or traffic
in weapons and sensitive material or the use of communication technologies of
terrorists or suspected terrorists.

26. The provisions in relation to providing assistance to foreign governments
would include request for assistance under the Extradition Act 1993 in relation to
terrorist offences. Where it is not permissible to provide assistance under the
Extradition Act, clause 30 would make provision empowering the Minister to provide
assistance for extradition request under any of the counter terrorism conventions
to which Antigua and Barbuda is a party.

27. Clauses 33 and 34 would impose upon every person the obligation to disclose
information that might lead to the prevention of terrorist acts or the arrest or
prosecution of any person for an offence under the Bill. The obligation to disclose
information under this Bill would be extended to cover disclosure of information in
relation to property belonging to a terrorist or a terrorist organization or to
transactions involving terrorist property.

28. The obligation to disclose information under clauses 33 and 34, require
disclosure that might lead to the prevention of a terrorist act or secure the arrest or
prosecution of another person for an offence under this Bill. Clause 34 would also
require the Commissioner of Police or the Director of the ONDCP to disclose to the
Financial Intelligence Unit of a foreign country of any information in its possession
relating to property owned or controlled by or on behalf of a terrorist group if such
information is requested.

29. Offences described as offences inspired by political motives are excluded
from extradition arrangements between states as non-extraditable crimes. Similarly,
assistance relating to offences inspired by political motive is not provided under
bilateral or multilateral mutual assistance in criminal matters. With the advent of
terrorism, there is now a consensus among states that terrorism as a means of
achieving political ends is not justified under any circumstance. Consequently,
international law now recognizes that terrorist offences inspired by political motives
would no longer be excluded from any arrangement for extradition or agreement for
assistance in criminal matters.

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43The Prevention of Terrorism Act, 2005.

30. Clause 32 would therefore provide that an offence under any act which also
constitutes an offence under this Act would no longer be considered as offences
of a political nature or inspired by political motive.

31. Paragraph 2(g) of the UN Security Council Resolution 1373 decides that all
states prevent the movement of terrorist or terrorist groups by effective border
controls and controls on issuance of identity papers and travel documents, and
through measures for preventing counterfeiting, forgery or fraudulent use of
identity papers and travel documents.

32. Clauses 39 to 41 would make provision to implement paragraph 2(g) of this
resolution. Clause 39 would, in particular, require the operator of an aircraft or
vessel registered in Antigua and Barbuda to provide to the Chief Immigration
Officer information within his knowledge of persons on board the aircraft or vessel
when that aircraft or vessel is leaving Antigua and Barbuda.

33. Authority would be given under this clause to enable the Chief Immigration
Officer to share the information received with any foreign authority. The Chief
Immigration Officer would also be empowered to refuse entry into Antigua and
Barbuda of any person suspected, on reasonable grounds, to have committed an
offence or is involved in the commission of an offence under this legislation.

34. The Minister would be authorised under clause 41 to refuse to grant refugee
status to any person suspected of having committed or involved in the commission
of terrorist offence.

DATED this 26th day of May, 2005.

Hon. Justin L. Simon Q.C.,
Attorney General and

Minister of Legal Affairs.

ANTIGUA AND BARBUDA

THE PREVENTION OF TERRORISM ACT, 2005

ARRANGEMENT OF SECTIONS

SECTION

PART I
1. Short title.
2. Interpretation.

PART II
SPECIFIED ENTITIES

3. Orders declaring certain entities to be specified entities.
4. Orders for the implementation of measures to give effect to resolutions of

the Security Council.

PART III
OFFENCES

5. Prohibition of terrorist act.
6. Provision or collection of funds to commit terrorist acts.
7. Collection of property or provision of property and services, for

commission of terrorist acts.
8. Use of property for commission of terrorist acts.
9. Money laundering.
10. Soliciting and giving of support to terrorist groups or for the commission

of terrorist acts.
11. Harbouring of persons committing terrorist acts.
12. Provision of weapons to terrorist group.
13. Recruitment of persons to be members of terrorist groups or to participate

in terrorist acts.
14. Provision of training and instruction to terrorist groups and persons

committing terrorist acts.
15. Promotion or facilitation of the commission of terrorist acts in foreign

states.

16. Promotion of offences under section 15.
17. Conspiracy to commit offences under this Act.
18. Membership of terrorist groups.
19. Arrangements of meetings in support of terrorist groups.
20. Participation in the commission of offences under this Act.

PART IV
INVESTIGATION OF OFFENCES

21. Powers of arrest.
22. Detention Order.
23. Power to gather Information.
24. Power to intercept communications and the admissibility of intercepted

communications.
25. Power to seize property used in commission of terrorist acts.

PART V
TRIAL OF OFFENCES

26. Jurisdiction to try offences under this Act.
27. Evidence by certificate.
28. Orders for forfeiture of property on conviction for offences under this Act.

PART VI
INFORMATION SHARING, EXTRADITION AND

MUTUAL ASSISTANCE IN
CRIMINAL MATTERS

29. Exchange of information relating to terrorist groups and terrorist acts.
30. Counter terrorism conventions to be used as basis for extradition.
31. Counter terrorism convention to be used as basis for mutual assistance in

criminal matters.
32. Offences under this Act deemed not to be offences of a political character

for the purposes of extradition.

PART VII
MISCELLANEOUS

33. Duty to disclose information relating to offences and terrorist acts.
34. Duty to disclose information relating to property of terrorist groups or

property used for commission of offences under this Act.
35. Order for seizure and restraint of property.
36. Power to prohibit making funds available to persons in foreign states to

commit terrorist acts.
37. Orders for forfeiture of property.
38. Refusal of applications for registration, and the revocation of the

registration, of charities linked to terrorist groups.
39. Provision of information relating to passengers of vessels and aircraft and

persons entering and leaving the country.
40. Power to prevent entry and order the removal of persons.
41. Power to refuse refugee application.
42. Power to make Regulations.

43. Repeal.

Related Laws