TERRORISM PREVENTION

THE TERRORISM PREVENTION ACT

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

Terrorist Activity and Offences

3. Terrorist activity.

4. Providing, making available, etc., property or services for terrorist
purposes.

5. Using or possessing property for terrorist purposes.

6. Dealing in property for terrorist purposes.

7. Participation in activity of terrorist group.

8. Facilitating terrorist activity.

9. Commission of offence for terrorist group.

10. Instructing commission of offence for terrorist group.

11. Instructing to carry out terrorist activity.

12. Harbouring or concealing.

13. Information about terrorism offence.

Orders, Reports and Warrants

14. Order in respect of listed entity.

15. Duty of entities to report.

16. Duty to report suspicious transactions.

17. Unauthorized disclosures.

18. Regulatory controls by certain entities.

19. Monitoring orders.

20. Monitoring orders not to be disclosed.

2 1. Examination and production orders.

22. Failure to comply with examination or production order.

23. Warrant to search premises for applicable property.

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TERRORISM PREVENTION

24. Other applicable properly may be seized.

25. Record of property seized.

26. Return of property seized.

27. Retention of property seizcd.

28. Order of forfeiture.

29. Amendment of application.

30. Effect of forfeiture order.

3 1. Protection of third parties.

32. Discharge of forfeiture order on appeal or on quashing of conviction.

3 3. Appeals against forfeiture orders.

34. Application for restraint order.

3 5. Restraint orders.

36. Undertakings by Crown.

37. Notice of application for restraint order.

3 8. Service of restraint order.

39. Registration of restraint order.

40. Contravention of restraint order.

41. Duration of restraint order.

42. Review of restraint orders and search warrants.

43. Automatic expiry of restraint ordcrs.

44. Disposal of property seized or dealt with.

General

45. Consent of Director of Public Prosccutions.

46. Extension of Jamaican local criminal jurisdiction.

47. Regulations.

48. Review of Act after two years.

SCHEDULE

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TERRORISM PRE VENTION 3

THE TERRORISM PREVENTION ACT Acts
18 of ZOOS,

, . 4 of 2010,
9 of 2010

S; 36..
. 8 of2011.

[6th June, 2005.1

1. 'This Act may be cited as the Terrorism Prevention Act. short title.
2.-+1) In this Act, unless the context otherwise requires- Interprets-

t tion.

"applicable property" means any property-
, (a) that has been used, in whole or in part, to facilitate

or cany out a terrorism offence; or , , .
(b) derived, obtained or realized directly or indirectly

from the commission of a , terrorism , offence;

"Court" means the Supreme Court; . ,', . .
. "credit union business" means the business of the taking of 9n010

deposits and withdrawable shares by a credit union s .36.
from its members and the provision of credit facilities
by a credit union to its members, and any other
business that may be so desighated in writing by the
Minister responsible for finance;

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

"financial institution" means-

I (a) a bank licensed under the Banking Act;
(b) a financial institution licensed under the Financial

I~stitutions Act; I
I - (c) a building society registered under the Building

Societies Act;
I a (d) a society registered under the Co-operative Socie- gnoio

ties Act and which carries on credit union business; S. 36.

(e) an insurance company registered under the Insur-
ance Act;

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1 I
1

. ,

I .

1

I 4 TERRORISM PRE VENTION 1 : u> a person licensed under the Bank of Jamaica Act to
I operate an exchange bureau;

i (g) a person licensed under the Securities Act as a
;
I . dealer or investment adviser;
I I

! (h) money transfer and remittance agents and agencies;
I

(i) any other person declared by the Minister, by order
subject to affirmative resolution, to. be a financial

I institution for the p&poses of this Act;
1 , "interest" in relation to property, means-

a
I -

i (a) a legal or equitable interest in theyproperty; or (b) a right, power or privilege in connection with property ,
I "listed entity" means an entity declared to be a listed entity
! in accordance with section 14;
I "property" includes money and all other property', real or
I
I I personal, including things. in action and other intan-
I gible or incorporeal property;

? 1 ' - "terrorism offence" means-
I (a) an offence constituted ,by an act or omission

referred to in the definition of "terrorist activity";

j ! 3 . (b) an offence under,section 4, 5, 6, 7, 8, 10, 1 1 or 12;
or

I.
I
I (c) a conspiracy or attempt to commit, or ,aiding or
1 abetting, procmng or coukelling in relation to, an
t
I offence referred to in'paragraph (b);
I

I
'

"terrorist activity" means an act or omission in or outside
I Jamaica that, if committed h Janiaica, would be one
I

I of the following offences- , I

1 I
(a) an offence under section 12, 13; 16, 17, 17A or

1 18 of the Aircraft (Tokyo, Hague ind Montreal
a

, Conventions) Act;

I , i 8 (b) an offence referred to in section 3(1);
(c) an offence under section 3(2); or ,

,
I

I

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TERRORISM PREJENTZON 5

(9 a conspiracy or attempt to commit, or aiding,
abetting, procuring or counselling in relation to, an
offence referred to in paragraph (a), (b) or (c);

"terrorist group" means-

(a) an entity that has, as one of its purposes or
activities, facilitating or carrying out any terrorist
activity; or

(b) a listed entity,

and includes an association of such entities.

(2) This Act shall be interpreted and administered so as
to ensure Jamaica's conformity with its international obligations,
while protecting the fbndamental rights and freedoms
guaranteed by the Constitution.

Terrorist Activity and Offences

3.-(1) A person who commits an offence set out in the Terrorist
Schedule commits an indictable offence and shall be liable to ize.
imprisonment for life.

(2) Any person who commits an act, or omits to act, in
the circumstances referred to in subsection (4) commits an
offence if the act or omission intentionally-

(a) causes-
(i) death; or

(ii) serious bodily harm,
to a person;

(b) endangers a person's life, or the health or safety of the
public or any segment of the public; or

(c) causes substantial property damage, whether to public
or private property, if such damage is likely to result in
the conduct or harm referred to in paragraph (a) or (b).

(3) An offence under subsection (2) does not i n c l u d e

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TERRORISM PREVENTION

an act or omission that is committed during an armed
conflict and, at the time and in the place of its
commission, is in accordance with international law
applicable to the conflict;

the activities undertaken by military forces of a State in
the exercise of their official duties, to the extent that
those activities are governed by other rules of
international law; or

any advocacy, protest, dissent or stoppage of work,
which does not involve an activity that is intended to
cause death or serious bodily harm to a person, to
endanger a person's life or to cause a serious risk to the
health or safety of the public or a segment of the
public.

(4) The circumstances mentioned in subsection ( 2 ) are
that the act or omission is committed in whole or in part for a
political, religious or ideological purpose, objective or cause
with the intention of-

(a) intimidating the public, or a segment of the public,
with regard to its security, including its economic
security; or

) compelling a person, a government or a domestic or an
international organization to do or to refrain from doing
any act, whether the person, government or organiza-
tion, is inside or outside Jamaica.

(5) A person who commits an offence under subsection
( 2 ) commits an indictable offence and shall be liable to
imprisonment for life.

' Providing,
making

4.-41) A person commits an offence if that person directly
available, etc., or indirectly, wilhlly and without lawhl justification or excuse,
property Or collects property, provides or invites a person to provide, or
services for
terrorist makes available, property or financial or other related services-
purposes.

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TERRORISM PREVENTION 7

(a) intending that they be used, or knowing that they will
be used, in whole or in part-

(i) for the purpose of facilitating or carrying out
any terrorist activity; or

(ii) for the benefit of any entity who that person
knows is committing or facilitating any terrorist
activity; or

(b) knowing that, in whole or in part, they will be used by
or will benefit a terrorist group.

(2) A person who commits an offence under subsection
(1) commits an indictable offence and is liable-

(a) in the case of an individual, to imprisonment for life; or

(b) in the case of a body corporate, to a fine.

5. Every person who, for the purpose of facilitating or Usingor
carrying out a terrorist activity- possessing property for

terrorist
(a) uses property, directly or indirectly, in whole or in ,,,oses,

part; or

(b) possesses property intending that it be so used or
knowing that it will be so used directly or indirectly in
whole or in part,

commits an indictable offence and is liable to imprisonment for
life, in the case of an individual, or to a fine in the case of a body
corporate.

6.-41) No person in Jamaica and no Jamaican outside Dealingin
Jamaica shall knowingly- property for terrorist

purposes.
(a) deal directly or indirectly in or with any property that

is owned or controlled by or on behalf of a terrorist
group;

(b) enter into or facilitate, directly or indirectly, any trans-
action in respect of property referred to in paragraph
(a);

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TERRORISM PREVENTION

(c) provide any financial or other related services in
respect of that property to, for the benefit of or at the
direction of, a terrorist group; or

(d) convert any such property or take any steps to conceal
or disguise that the property is owned or controlled by
or on behalf of a terrorist group.

(2) A person who contravenes this section commits an
indictable offence and shall be liable upon conviction to-

(a) imprisonment for life, in the case of an individual; or

(b) a fine, in the case of a body corporate.

Participation 7.-(1) Every person who knowingly participates in or
in activity of,
terrorist group. contributes to, directly or indirectly, any activity of a terrorist

group for the purpose of enhancing the ability of any terrorist
group to facilitate or carry out a terrorist activity commits an
indictable offence and is liable upon conviction to imprisonment
for life, in the case of an individual, or to a fine in the case of a
body corporate.

(2) An offence may be committed under subsection ( 1 )
whether or not-

(a) a terrorist group actually facilitates or carries out a
terrorist activity;

(b) the participation or contribution of the accused actually
enhances the ability of a terrorist group to facilitate or
carry out a terrorist activity; or

(c) the accused knows the specific nature of any terrorist
activity that may be facilitated or carried out by a
terrorist group.

(3) Participating in or contributing to an activity of a
terrorist group includes-

(a) providing, receiving or recruiting a person to receive
training in order to facilitate or commit terrorist
activity;

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TERRORISM PREVENTION

(b) providing or offering to provide a skill or an expertise
for the benefit of, at the direction of or in association
with a terrorist group;

(c) recruiting a person in order to facilitate or commit-

(i) a terrorism offence; or

(ii) an act or omission outside Jamaica that, if
committed in Jamaica, would be a terrorism
offence;

(d) entering or remaining in any country for the benefit of,
at the direction of or in association with, a terrorist
group; or

(e) making oneself available, in response to instructions
fiom any of the persons who constitute a terrorist
group, to facilitate or commit-

(i) a terrorism offence; or

(ii) an act or omission outside Jamaica that, if
committed in Jamaica, would be a terrorism
offence.

(4) In determining whether an accused participates in or
contributes to any activity of a terrorist group, the Court may
consider, among other factors, whether the accused-

(a) uses a name, word, symbol or other representation that
identifies, or is associated with, the terrorist group;

(b) frequently associates with any of the persons who
constitute the terrorist group;

(c) receives any benefit fiom the terrorist group; or

(4 repeatedly engages in activities at the instruction of any
of the persons who constitute the terrorist group.

8.-41) Every person who knowingly facilitates a terrorist

9

Facilitating
terrorist activity commits an indictable offence and is liable upon aivity.

conviction to-

TERRORISM PREVENTION

(a) imprisonment for life, in the case of an individual; or

(b) a fine, in the case of a body corporate.

(2) For the purpose of this Act, a terrorist activity is
facilitated-

(a) where the facilitator knows that a terrorist activity will
be facilitated;

(b) whether or not the facilitator knows the specific nature
of the terrorist activity; and

(c) whether or not any terrorist activity was actually
carried out.

Commission 9.-(1) Every person who commits a terrorism offence under
of offence for
terrorist group. this Act for the benefit of, at the direction of or in association

with, a terrorist group, commits an indictable offence and is
liable upon conviction t o -

(a) imprisonment for life, in the case of an individual; or

(b) a fine, in the case of a body corporate.

(2) An offence may be committed under subsection (1)
whether or not the accused knows the identity of any of the
persons who constitute the terrorist group.

Instructing 10.-41) Every person who knowingly instructs, directly or
commission of
offence for indirectly, any person to carry out any activity for the benefit of,
terrorist group. at the direction of or in association with, a terrorist group, for the

purpose of enhancing the ability of any terrorist group to
facilitate or carry out a terrorist activity, commits an indictable
offence and is liable upon conviction t o -

(a) imprisonment for life, in the case of an individual; or

(b) a fine, in the case of a body corporate.

(2) An offence may be committed under subsection (1)
whether or not-

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TERRORISM PREVENTON

(a) the activity that the accused instructs to be carried out
is actually carried out;

(b) the accused instructs a particular person to carry out
the activity referred to in paragraph (a);

(c) the accused knows the identity of the person instructed
to carry out the activity referred to in paragraph (a);

(d) the person whom the accused instructs to carry out that
activity knows that it is to be carried out for the benefit
of, at the direction of or in association with, a terrorist
group;

(e) a terrorist group actually facilitates or carries out a
terrorist activity;

V) the activity referred to in paragraph (a) actually
enhances the ability of a terrorist group to facilitate or
carry out a terrorist activity; or

(8) the accused knows the specific nature of any terrorist
activity that may be facilitated or carried out by a
terrorist group.

11.-41) Every person who, directly or indirectly, knowingly Instructing
instructs any person to carry out a terrorist activity commits an z;ztoM
indictable offence and is liable upon conviction t o - activity.

(a) imprisonment for life, in the case of an individual; or
(b) a fine, in the case of a body corporate.

(2) An offence may be committed under subsection ( 1 )
whether or not-

(a) the terrorist activity is actually carried out;

(b) the accused instructs a particular person to carry out
the terrorist activity;

(c) the accused knows the identity of the person whom the
accused instructs to carry out the terrorist activity; or

(6) the person whom the accused instructs to carry out the
terrorist activity knows that it is a terrorist activity.

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12 TERRORISM PRE VENTION

Harbouringor 12.---(I) NO person shall harbour or conceal, or prevent,
concealing. hinder or intefiere with the apprehension of, any other person

whom he knows or has reason to believe has committed or is
planning or is likely to commit any terrorist activity.

(2) A person who contravenes subsection ( 1 ) commits an
indictable offence and shall be liable upon conviction to-

(a) imprisonment for life, in the case of an individual; or

(b) a fine, in the case of a body corporate.

Information 13.-(1) Subject to subsections (2) and (3), a person commits
about
terrorism an offence if that person fails to disclose to a Constable, as soon
offence. as is reasonably practicable, any information that comes to that

person's attention in the course of his trade, profession or
employment and based on which he reasonably believes that
another person has committed a terrorism offence.

(2) It shall be a defence for any person charged with an
offence under subsection (1) to prove that-

(a) he had a reasonable excuse for not making the dis-
closure; or

(b) where the information referred to in subsection ( 1 )
comes to the person in the course of his employment
and his employer has an established procedure for the
disclosure of the information, the person disclosed the
information in accordance with the procedure.

(3) An attorney-at-law shall not be required to disclose
any information obtained, or belief based on any information
disclosed to him-

(a) by his client in connection with the provision of legal
advice; or

(b) by any person for the purpose of actual or
contemplated legal proceedings,

and not being a disclosure with a view to finthering a criminal
purpose.

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TERRORISM PRE VENTION 13

(4) A person who commits an offence under this section
is liable upon summary conviction in a Resident Magistrate's
Court to a fine not exceeding one million dollars or to im-
prisonment for a term not exceeding twelve months, or to both
such fine and imprisonment.

Orders, Reports and Warrants

14.-31) The Director of Public Prosecutions shall apply to a Order in
Judge of the Supreme Court, in Chambers, for an order under ; ~ ~ ~ ~ ~ &
subsection (4) in respect of an entity, if-

(a) the entity is included on a list of entities designated as
teriorist entities by the United Nations Security Coun-
cil; or

(b) the Director of Public Prosecutions has. reasonable
grounds to believe that the entity-

(i) has knowingly committed or participated in the
commission of a terrorism offence; or

(ii) is knowingly acting on behalf of, at the direction
of, or in association with, an entity referred to in
paragraph (a).

(2) Before acting under subsection (I), the Director of
Public Prosecutions shall make such investigations as he consi-
ders necessary.

(3) An application under subsection (1) shall be-

(a) ex parte; and

(b) 'accompanied by an affidavit deposing to the matters
referred to in-

(i) subsection (l)(a); or
(ii) subsection (l)(b)(i) or (ii).

(4) Upon an application under subsection (1) the Judge
shall, by order, declare an entity to be a listed entity for the
purposes of this Act if the Judge is satisfied as to the matters
referred to in-

[The inclusion of this page is authorized by L.N. 92~120121

I 1 st2011 I ' (a) subsection (l)(a); or . ,
I S.Z(c). . :
i 1 . (b) subsection (l)(b)(i) or (ii). - . I '

(5) Where an order is made under subsection (4), (7)(d),
or (lo), the Director of Public Prosecutions shall, within seven

' days after the gate of the order, cause to be published in a daily

i , newspaper in cirqulation in the Island-
! I

r I (a) a copy of the order; and ' .* , ' , ' z 1 - L , L ,- , > f a *'.I : (b) in the case of an order k d e r subsection , .J , I ,(4), a 'itate-
! I ment that the maber will be reviewed every six months.
I . , .
I

'

(6) Within sixty days after the date .of pu61i.cati?i of an
I
I I order under subsection ( 3 , ih; enthy in"respec? Gf *which the
I . * I order is made may apply to a Judge of the suprehi Cpurt for a

* review of the order and shall notify the Director df Public Prose- . . ' cutions of the application. ' , . i - ~ G I :.=:
I I

, . (7) Upon an application niade'under su6section (6), the
Judge shall- '. , 7 8 - I , (

t ' 1

(a) hear any eviderice oi .other a iiifdrmation that may be

1 : I presented' by the Director of Public Prosecutions and
!

may, at the request of the Director s f Public Prosecu-

1 'tions, hear all or *art bf that evidence br information in . I the absence-of the:applicknt'orf ahy counsel repre&nting
/ the applicant, if the Judge is of the opinion"that the dis-

i closure of the information would, be prejudicial to national security or endanger the safety of any person; L t r e . . i r :
I

r (b) provide the applicant ,with a statement summarizing the
information available to the Judge, so a's to enable the
applicant to be reasonably informed of 'th; reasons for

T . the making of the order,'without~disclosing any infor- i mation the disclosure of which would, in the opinion of
1 A the Judge, be prejudicial to national . , security . or endan-
I L. , ger the safety of an)person; . t _ .. ' .

(c) provide the applicant with a'reasonable opportunity -to
be heard; and i , r t _ :

!

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. . (d) determine whether or not the order should be revoked
, , ton the basis of the information available to the Judge - I

and, if he-determines that the order should be revoked,

. . . make an order for such revocation. ' r
. d . . t : . . '

(8) For the purposes of any application or review under a this section, the Judge may receive in evidence anything that, in
+ the opinion of the Judge is reliable and relevant, even if it would
' nbt-btherwise . be . . iklrhissible evidince'in law.

I
. - (9) The Director of public Prosecutions, shall, every six

. L . _ . . 'i m&ths-
I . I , . ',. -. #; . . . .

(a) review all orders made under subsection (4) so as to
determine whether the circumstances referred to in
subsection (l)(a) or (b) continue to exist in respect of
the listed entity; and

* . . . -

(b) if he determines that such circumstances no longer
exist, apply' to a Judge of the Supreme Cob for the
revocation'of the order in respect of the listed entity.

7 - , .
. .

(10) Upon an application under paragraph (b) of subsec-
tion (9), the Judge shall, if satisfied as to the matters referred to

a 1 1 1 in that paragraph, make an order for the revocation.
'

15.+1) In this section and sections 16 to 18 "designated DU~Y of
authority" means the Director of Public Prosecutions or such :tf:s
other person as the Minister may designate by order.

. - - "+.* -
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I
,I6 TERRORISM PRE VENTZON

I ,
( 2 ) The following entities shall determine on a continu-

8 , ing basis whether they are in possession or control of property
I

I owned or controlled by or on behalf of a listed entity- i
( a ) foreign companies in respect of their business in

Jamaica relating to banking, securities, insurance,
investment advice or trusts;

I . ( b ) financial institutions; +.

' (c) any entity designated by the Minister, by ordei subject
to affirmative resolution, as ah entity to which the

I < ' provisions of this section shall apply.
( 3 ) Every entity referred to in paragraph (2 ) shall report

to the designated authority at least once in every four calendar
months, or in response to a request made to it by the designated
authority, either-

( a ) that it is not in possession or control of any property
referred to in subsection (2); or

1 ( b ) that it is in possession or control of such property, in
I which case it shall also report the number of persons,
I contracts or accounts involved and the total value of the
I property.

I (4) In making a report under subsection ( 3 ) the entity
shall comply with such directions as may be'given by the desig-
nated authority.

(5) No criminal or civil proceedings shall lie against a
person who makes a report in good faith under subsection (3) .

(6) An entity that makes a repoi under subsection (3 ) to
the designated authority shall not disclose the existence of that
report to any other person.

(7) A person who contravenes any of the provisions of
, this section commits an offence and shall be liable on summary
conviction in a Resident Magistrate's Court to-

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TERRORISM PRE VENTION 17
' 6

(a) in the case of an individual, a fine not exceeding one
million dollars or to imprisonment for a term not ex-
ceeding twelve months, or to both such fine and im-
prisonment; or

(b) in the case of a body corporate, a fine not exceeding

a three million dollars.
(8) In proceedings against a person for an offence

against this section, it is a defence for the person charged that he
had areasonable excuse for not making the report required
under subsection (3) .

16.-41) This section applies to every entity referred to in any
of paragraphs (a) to (c) of section 15(2).

(2) The entity shall, in relation to each customer, pay
special attention to all complex transactions, unusual large trans-
actions, or unusual patterns of transactions, whether completed
or not, which appear to the entity to be inconsistent with the
normal transactions carried out by that customer with the entity.

( 3 ) Each entity shall-

Duty to
report
certain
transactions.
8/2011
S.3(a).

(a) promptly report to the designated authority all complex
transactions, unusual large transactions, or unusual pat-

a terns of transactions, which have no apparent economic or visible l a m purpose; and
(b) ensure that the background and purpose of all trans-

actions referred to in paragraph (a) are examined and
the entity's findings thereon set out in writing-

[Thd inclusion of this page is au thor id by L.N. 92d20121

(i) in accordance with procedures iet out in regul-
ations applicable to reporting enitities under this .
Act; and

(ii) made available, upon request, to its auditors
and to the'de~i~nated . . . authority. . '

(3A) Each entity shall report to the designated authority all
baisactions, whether completed or not, which the 'entity sus-
be~ts, or has reasbnable cause to suspect- s

i

(a) involve property connected with, or intended to be used
in, .the commission of a terrorism offence; or ,

1

(b) involve, or are for the benefit of, any listed entity or
terrorist group,

soon .as is reasonably practicable, and in any event within
fifieen days after the suspici& or reasonable cause for suspicion
arises. . .

(4) An entity which fails to comply with subsection (3)
or (3A) commits an offence and is liable on summary conviction
in a Resident Magistrate's Court to- .
I

(a) in the case of an individual, fine not .ex'c~eding one
million dolla'rs or to imprisonment for a term not ex-
ceeding twelve months, or to both such fine and im-
prisonment; or

t
(b) in the case of a body corporate, a fine not exceeding

three million dollars.

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TERRORISM PREVENTION 18.01

(5) In proceedings against a person for an offence under '
this section, it is a defence for the person charged that he had a
reasonable excuse for not making the report required under sub- ,,,,,
section (3) or (3A). s.3(d).

(6). Where a member of staff of the entity, h e r than an
officer referred to in section 18(3), is charged with'an offence
under this section, it is a defence for that member of staff that he
disclosed the information or other matter in question to that
officer in accordance with the procedures established pursuant to
section 1 8.

- *

(7) Where a'report is made in accordance with sibsection
(3) or (3A), as the case may require, the entity concerned, its 8,011
directors and employees shall be exempt from- S.3(e).

(a) any liability to prosecution for an offence under section
4,5 or 6;

' (b) any criminal, civil or administrative liability, as the case
may be, for breach of any restriction on disclosure of
information imposed by contract or by any legislative,' . .
regulatory or administrative provision,

regardless of the outcome of the report.

17.-41) A person commits an offence if, knowing or 'sus- Unautho-
rized dis- pecting that a designated authority is acting or is proposing to ,,os,.

act, in connection with an investigation which is being, or is
about to be conducted in relation to a terrorism offence, he dis-
closes information or any other matter, relating to the invest-
igation, to any other person, except-

[The inclusion of this page is authorized by L.N. 92d20121

i I

i
i

t
I

1 18.02 TERRORISM PRE VENTION
t - (a) an attorney-at-law for the purpose of obtaining legal

I
I advice; or
I

I '

I
(b) for the purpose of facilitating the investigation or any

proceedings which might be conducted following the
i investigation.
I

I

(2) A person commits an offence if, knowing or suspect-

i
ing that a report has been made to the designated authority under
section 15(3) or 16(3), he discloses information or any matter,

* -

relating to the report, to any other person, except-
! i

(a) an attorney-at-law for the purpose of obtaining legal
advice; or

I ; t

(b) for the purpose of facilitating any investigation or .

1 . proceedings which might be conducted . . following that
I report.-
I

1 (3) A person commits an offence if, knowing or suspec-
I ting that a disclosure to the officer designated by the entity for
I
i

that purpose has been made, he discloses information'or ahy
other matter, relating to that disclosure, to any other person,
except- a

I .

, a (a) an attorney-at-law for the purpose of obtaining legal
I advice; or . .
1

1

[The inclusion of this page is authorized by L.N.. 92c/2012]
I
I ' .
I

i

TERRORISM PREVENTION

(b) for the purpose of facilitating any investigation or
proceedings which might be conducted following that
disclosure.

(4) Nothing in subsections ( 1 ) to (3) makes it an offence
for an attorney-at-law to disclose information or any other
matters to-

(a) a person who is, or a representative of, a client of that
attorney-at-law, in connection with the giving of legal
advice to that client; or

(b) any other person, in contemplation of or in connection
with, legal proceedings and for the purpose of those
proceedings.

( 5 ) A person convicted of an offence under subsection
( I ) , (2) or (3) is liable to-

(a) in the case of an individual, a fine not exceeding two
million dollars or to imprisonment for a term not
exceeding two years or to both such fine and
imprisonment; or

(b) in the case of a body corporate, a fine not exceeding six
million dollars.

18.-41) Every entity referred to in any of paragraphs (a) to Regulatory
(c) of section 15(2) shall establish and implement such pro-
grammes, policies, procedures and controls as may be necessary entities.
for the purpose of enabling it to hlfill its duties under sections
15 and 16.

(2) Without prejudice to the generality of subsection ( I ) ,

C the programmes referred to in that subsection shall include+
(a) the establishment of procedures to ensure high

standards of integrity of employees;

(b) the development of a system to evaluate the personal
employment and financiai history of those employees;

[The inclusion of thls page Is authorized by L.N. 180Al10061

TERRORISM PREVENTION

(c) the establishment of programmes for training of
employees on a continuing basis and for instructing
employees as to their responsibilities in respect of the
provisions of this Act;

(9 arrangements for an independent audit in order to
ensure that the aforesaid programmes are implemented.

(3) For the purposes of this section, the entity shall
designate one of its officers who performs management
functions to be responsible for ensuring the implementation of
the programmes, policies, procedures and controls referred to in
subsection (I), including the reporting of transactions referred to
in section 16(3) (complex, unusual or large transactions).

(4) The entity shall consult with the competent authority
for the purpose of carrying out its obligations under this section.

(5) In subsection (4), "competent authority" means the
Minister responsible for finance or such other persons as he may
specify in writing for the purpose of this section.

,-

(6) An entity which contravenes subsection (1) or (3)
commits an offence and is liable on summary conviction before
a Resident Magistrate to a fine not exceeding one million
dollars.

Monitoring
orders.

19.-41) The Director of Public Prosecutions may apply to a
Judge in Chambers in accordance with subsection (3) for an
order (in this section and section 20 referred to as a "monitoring
order") directing a financial institution to give a constable
named by the Director of Public Prosecutions in the application,
information and such documents as are specified in the
application, other than items subject to legal privilege.

(2) The constable referred to in subsection (1) shall be a
constable designated in writing by the Commissioner of Police.

(3) An application under subsection (1) shall be made ex
parte and shall be in writing and be accompanied by an
affidavit.

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TERRORISM PREVENTION

(4) A monitoring order shall direct a financial institution
to disclose information or to produce documents, or both,
obtained by or under the control of the institution about
transactions conducted through an account held by a particular
person with the institution.

(5) Subject to subsection (6), a monitoring order shall
apply in relation to transactions conducted during the period
specified in the order, being a period commencing not earlier
than the day on which notice of the order is given to the
financial institution and ending no later than three months after
the date of the order.

(6) The Director of Public Prosecutions may apply, at
any time while the order remains in force, for an extension of
the period mentioned in subsection (5).

(7) A Judge shall not make a monitoring order in respect
of any account unless he is satisfied that-

(a) the person in respect of whose account the information
is, or documents are, sought-

(i) has committed or is about to commit a
terrorism offence; or

(ii) has benefited directly or indirectly, or is about
to benefit directly or indirectly, from the
commission of such an offence;

(b) proceeds from the account have been used or are about
to be used directly or indirectly to facilitate the com-
mission of a terrorism offence; or

(c) proceeds realized directly or indirectly from the
commission of a terrorism offence have been credited
to the account.

(8) A monitoring order shall specify-

(a) the name or names, if known, in which the account is
believed to be held;

(The inclusion of this page Is authorized by L.N. 180A120061

TERRORZSM PRE VENTON

(b) the class of information and a description of any
documents that the institution is required to give; and

(c) the name of the constable to whom the information is,
or documents are, to be given.

(9) A financial institution that is notified of a nionitoring
order and knowingly-

(a) contravenes the order; or

(b) provides false or misleading information or documents
in purported compliance with the order,

commits an offence and is liable on summary conviction in a
Resident Magistrate's Court to a fine not exceeding one million
dollars, in the case of an individual, or a fine not exceeding three
million dollars in the case of a body corporate.

(10) A reference in this section to a transaction con-
ducted through an account includes a reference to-

(a) the making of a fixed term deposit or a financial
investment;

(b) in relation to a fixed term deposit, the transfer of the
amount deposited or any part thereof at the end of the
term; and

(c) the opening, existence or use of a deposit box held by
the institution.

(I I) Nothing in sections 4 (providing, making available,
etc., property or services for terrorist purposes), 5 (using or
possessing property for terrorist purposes) or 6 (prohibition
against dealing in property) shall apply to a financial institution
that is subject to a monitoring order in so far as that institution
continues to conduct business with the person to whom the order
relates.

Monitoring 20.-(1) A financial institution that is, or has been, subject to
orders not to
be disclosed. a monitoring order shall not disclose the existence or the

operation of the order to any person except-

(a) an officer or agent of the institution for the purpose of
ensuring that the order is complied with;

[The Inclusion or thls page la authorized by L.N. 180.4/2006[

TERRORISM PRE VENTION

(b) an attorney-at-law, for the purpose of obtaining legal
advice or representation in relation to the order.

(2) A person referred to in subsection (l)(a) or (b), to
whom disclosure of the existence or operation of a monitoring
order has been made, and a constable referred to in section 19(1)
shall not-

(a) disclose the existence or operation of the order except c' to another person referred to in that subsection for the
purpose of-

(i) the performance of that person's duties, if the
disclosure is made by the constable referred to
in section 19(1);

(ii) ensuring that the order is complied with or
obtaining legal advice or representation in
relation to the order, if the disclosure is made
by an officer or agent of the institution; or

(iii) giving legal advice or making representations
in relation to the order, if the disclosure is made
by an attorney-at-law; or

(b) make a record of or disclose the existence or the
operation of the order in any circumstances even when
he ceases to be a person referred to in subsection (1).

(3) Nothing in subsection (2) prevents the disclosure by a
person referred to in subsection (l)(b) of the existence or
operation of a monitoring order-

(a) for the purposes of, or in connection with, legal pro-
ceedings; or

(b) in the course of proceedings before a court.

(7 (4) A person referred to in subsection (l)(b) shall not be
required to disclose to any court the existence or operation of a
monitoring order.

(5) A person who contravenes subsection (1) or (2) com-
mits an offence and is liable on summary conviction in a
Resident Magistrate's Court-

[The inclusion of this page 1s authorized by L.N. 180AI2006j

TERRORISM PREVENTION

(a) in the case of an individual, to a fine not exceeding one
million dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and
imprisonment;

(b) in the case of a body corporate, to a fine not exceeding
three million dollars.

(6) A reference in this section to disclosing the existence
or operation of a monitoring order to a person includes a
reference to disclosing information to the person fiom which
that person could reasonably be expected to infer the existence
or operation of the monitoring order.

Examination 21.---(I) The Director of Public Prosecutions may, if the
and produc-
tion orders. conditions referred to in subsection (2) are met, apply for-

(a) an order that information or documents be made
available for examination; or

(b) a production order.

(2) The conditions referred to in subsection (1) are that
the Director of Public Prosecutions has reasonable grounds for
suspecting that-

(a) a terrorism offence has been, is being, or is likely to be
committed; and

(b) an entity has possession or control of any information
or document relevant to the commission or likely
commission of the terrorism offence.

(3) An application under this section shall be made ex
parte in writing to a Judge in Chambers and shall be
accompanied by an &davit, sworn on the information and
belief of the Director of Public Prosecutions or a person
designated by the Director of Public Prosecutions for that
purpose, deposing to the following matters-

(a) the offence under investigation;

(Tbe Inelution of tbh page I8 authorized by L.N. 180An0061

TERRORISM PRElXhTZON

(b) the entity or property, as the case may be, in relation to
which the information or documents referred to in
paragraph (c) are required;

(c) the type of information or documents in respect of
which disclosure or production is sought and the form
in which they should be disclosed or produced; and

(d) the facts relied on to justify the suspicion, on
reasonable grounds, that-

(i) the entity referred to in paragraph (b) has
committed or is likely to commit a terrorism
offence; or

(ii) the property referred to in that paragraph has
been used or is likely to be used to commit such
an offence,

and that the information or documents referred to in paragraph
(c) are likely to be of substantial value, whether alone or
together with other material, to an investigation in respect of that
offence.

(4) Subject to any conditions that the Judge considers
advisable in the public interest, the Judge to whom an
application is made under subsection (1) may order any entity
having possession or control of the information or documents
referred to in subsection (3)(c)to-

(a) make the information or documents available for
examination by a constable named in the order; or

(b) produce the information or documents to the constable:

Provided that the order shall not require the constable to
remove or retain any accounting records (including ledgers,
daybooks, cash books and account books) used in the ordinary
business of banking, but may allow the constable to examine or
copy them wherever they are located.

(5) Where any information or document is made
available for examination or is produced to a constable pursuant
to subsection (4)-

[The lncluslon of thls page Is authorkd by L.N. 180Al20061

TERRORISM PRE VENTON

(a) in the case of any information or document made
available for examination, the constable may examine,
take extracts from, or make copies of the information
or document; or

(b) in the case of any information or document produced,
the constable may-

(i) examine, take extracts from, or make copies of
the information or document; or

(ii) retain the information or document, if and for
so long as, its retention is reasonably necessary
for the purposes of this Act.

(6) Where a constable retains any information or
document pursuant to an order made under this section, the
constable shall give to the entity in respect of whom the order is
made-

(a) a receipt for the information or document, as the case
may be; and

(b) a copy of the information or document, as the case may
be, certified by the constable in writing to be a true
copy of the information or document.

(7) An entity in respect of which an order is made under
subsection (4) shall comply with the order within the period
specified in the order:

Provided that the Judge may, on the application of that entity,
extend the time allowed for complying with the order.

(8) An order under subsection (4) requiring an entity to
make available or produce information or documents-

(a) may provide for such assistance as the constable may
require to execute the order;

(b) shall specify the time and place in which the
information or documents are to be made available or
produced, as the case may be; and

[The lncluslon of thls page Is authorized by L.N. 180A120061

TERRORISM PREVENTION

(c) shall be served on the person in respect of whom it is
made, in the manner that the Judge directs or as may'be
prescribed by rules of court.

(9) A person in respect of whom an order is made under
this section requiring the production of a document, may apply
to a Judge in Chambers, for a variation of the order on the

C ground that the document is essential to the business activities of that person.
(10) The person in respect of whom the order is made

may, by application to a Judge in Chambers, object to the
disclosure of any information or document on the ground that-

(a) a privilege .is attached by law to the information or
document; or

(b) disclosure of the information or document would not,
for any other reason, be in the public interest.

(1 1) An application under subsection (9) or (10) shall be
made within five days after the date of service of the order, or
within such greater period, having regard to the peculiar
circumstances of the case, as the Judge may specify in the order.

(12) In determining an application under subsection (9)
or (lo), the Judge may, if he considers it necessary, examine the
information or document in relation to which the application is
made and, the Judge shall-

(a) in the case of an application under subsection (9), if
satisfied as to the ground mentioned in that subsection,
grant the application and order that the entity make the
document available to the constable pursuant to
subsection (4)(a); or

(b) in the case of an application under subsection (lo), if
satisfied as to any of the grounds mentioned in that
subsection, grant the application and order that
disclosure or production be refused.

[The Inclusion of this page is authorized by L.N. 180A120061

TERRORIS4 PREVENTION

(13) Where any information or document is copied
pursuant to subsection (5 ) , any such copy that is certified by a
Resident Magistrate to be a copy made under that subsection is
evidence of the nature and content of the original information or
document and has the same probative value as the original
information or document would have if it had been proved in the
ordinary way.

(14) A Resident Magistrate shall not certify any copy
under subsection (13) unless the Resident Magistrate has seen or
heard, as the case may require, the original information or
document.

(1 5) In the case of-

(a) accounting records referred to in subsection (4); or

(b) a document in respect of which a production order is
varied pursuant to subsection (12)(a),

a Resident Magistrate may, for the purpose of complying with
subsection (14), order the entity having possession or control of
the records to produce the records at such time and place as the
Resident Magistrate considers appropriate to prevent or
minimize any disruption to the business in which the records are
used.

Failure 10 22.-41) An entity commits an offence if-
comply with
examination
~r producti~n (a) without reasonable excuse, it fails to comply with an
order. order made under section 2 1 ; or

(b) in purported compliance with such an order, it
produces or makes available any information or
document that it knows to be false or misleading in a
material particular and the entity does not-

(i) indicate, to the constable to whom the
information or document is produced or made
available, that the information or document is
false or misleading; and

[The lnclurlon of this page Is authorized by L.N. 180Al2006j

(ii) provide to that constable such correct
information as it has in its possession or as it
can reasonably acquire.

(2) An entity which commits an offence under subsection
(1) is liable on summary conviction before a Resident
Magistrate t o -

(a) in the case of an individual, a fine not exceeding one
million dollars or to imprisonment for a term not
exceeding one year, or to both such fine and imprison-
ment; or

(b) in the case of a body corporate, a fine not exceeding
three million dollars.

23.-41) Subject to subsection (3), where a Resident Magis- warrantto
search trate is satisfied by information on oath that there are reasonable ,,ises for

grounds for suspecting that applicable property is to be found on applicable
any premises specified in the information, he may issue a search P"P"'Y.
warrant in accordance with subsection (2).

(2) The warrant mentioned in subsection (1) may
authorize a constable named in the warrant to enter the premises
specified in the warrant, with such assistance and by such force
as is necessary and reasonable to-

(a) enter upon the premises;

(b) search the premises for applicable property;

(c) seizeproperty found in the course of the search that the
constable believes, on reasonable grounds, to be
applicable property.

(-I (3) A warrant shall not be issued under this section
L unless the informant or some other person has given to the

Justice of the Peace, on oath, any krther information that the
Justice of the Peace may require concerning the grounds on
which the issue of the warrant is sought.

(4) A warrant issued under this section shall include-

[The inclusion of this page Is authorized by L.N. 180A120061

TERRORISM PREVENTION

a statement of the purpose for which the warrant is
issued, and a reference to the nature of the terrorism
offence;

a description of the kind of property to be seized;

the time, not being later than twenty-eight days, upon
the expiration of which the warrant ceases to have
effect; and

a statement as to whether entry is authorized to be
made at any time of the day or night, or during the
specified hours of the day or night.

Other 24.-41) A warrant issued pursuant to section 23 shall be
applicable
P P d Y may

deemed to authorize the constable to seize property that he
be seized. believes, on reasonable grounds, to be applicable property-

(a) in relation to the terrorism offence, although not of a
kind specified in the warrant; or

(b) in relation to another terrorism offence,

if the constable belieyes, on reasonable grounds, that it is
necessary to seize that property in order to prevent its
concealment, loss or destruction or its use in connection with the
offence specified as aforesaid or any other offence.

Rewrd of 2 5 - 4 1 ) A constable who executes a warrant issued under
Pr"PdY section 23 shall- seized.

(a) detain the property seized, taking reasonable care to
ensure that it is preserved so that it may be dealt with in
accordance with this Act;

(b) upon the execution of the warrant, prepare a list of the
property seized and give a copy thereof to the owner or
occupier of the premises who is present at the time of
the seizure; and

[The Inclurlon of this page L authorized by L.N. 180A120061

TERRORISM PREVENTION 3 1

(c) as soon as is practicable after the execution of the
warrant, but within a period of seventy-two hours
thereafter, prepare a written report, identifying the
property seized and the location where the property is
being detained and send a copy of the report to the
Clerk of Courts in that location.

C (2) The Clerk of Courts referred to in subsection (l)(c) shall hrnish a copy of the report to-
(a) the person from whom the property was seized;

(b) the designated authority; and

(c) any other person who appears to the Clerk of Courts to
have an interest in the property.

26.-(1) Where property is seized otherwise than because it Retumof
may afford evidence as to the commission of a terrorism XeTZp,$Y
offence, any person who claims an interest in the property may
apply to the Court for an order that the property be returned to
him.

(2) Where application is made under subsection (1) the
Court shall order the return of the property to the applicant if the
Court is satisfied that-

(a) the applicant is entitled to possession of the property;

(b) the property is not applicable property in relation to a
terrorism offence; and

(c) the person in respect of whose conviction, charging or
proposed charging the seizure was made, has no
interest in the property.

(3) Subject to section 27, the property shall be returned
to the person from whose possession it was seized, as soon as
practicable after the end of a period of seventy-two hours after
seizure if at the end of that period an information has not been
laid in respect of a terrorism offence.

lThc lncluslon of this page la authorized by L.N. 1801\/20061

32 TERRORISM PREWNT.ION

Retention of 27.-41) Subject to subsections (2) and (3), where property is
seized under section 23 otherwise than because it may afford seized.
evidence as to the commission of a terrorism offence and-

(a) but for this subsection, the property would be returned
to a person as soon as is practicable after a particular
period; and

(b) before the end of that period, a restraint order is made
in relation to the property,

it shall be dealt with in accordance with the restraint order or
with any other provision of this Act.

(2) If, at the time when a restraint order is made against
property referred to in subsection (I), the property is in the
possession of the Commissioner of Police, the Commissioner of
Police may apply to the Court that made the restraint order for
an order that he retain possession of the property.

(3) The Court may, if satisfied that there are reasonable
grounds for believing that the property may afford evidence as
to the commission of a terrorism offence, make an order that the
Commissioner of Police retain the property for so long as it is
required as evidence as to the commission of a terrorism
offence.

(4) In any proceedings on an application under sub-
section (2), a witness shall not be required to answer any
question or to produce any document if the Court is satisfied that
the answering of the question or the production of the document
may prejudice the investigation of, or the prosecution of a
person for, an offence.

(5) Where an application for a restraint order has been
refused in relation to property referred to in subsection (1) and,
at the time of such refusal, the property is in the possession of
the Commissioner of Police the property shall, as soon as
practicable after the refusal, be returned to the person from
whose possession it was seized.

(The Incllaloa of thln page In authorlcnl by L.N. 180M0061

TERRORIS44 PREVENTION

(6) Where property is seized under section 23 and, while
the property is in the possession of the Commissioner of Police,
a forfeiture order is made in respect thereof, the property shall
be dealt with in accordance with the forfeiture ordet.

28.--(I) The Director of Public Prosecutions may make an order of
application to the Court for an order of forfeiture in respect of forfeiture.

O applicable property wherever situate, whether inside or outside of Jamaica.
(2) Where the Director of Public Prosecutions makes an

application under subsection (1)-

(a) he shall-
(i) give no less than fourteen days' written notice

of the application to the entity convicted of the
terrorism offence and to any other person who
the Director of Public Prosecutions has reason
to believe may have an interest in the property;
and

(ii) publish a copy of the notice in the Guzette and
in a daily newspaper printed and circulated in
Jamaica;

(b) the entity convicted of the terrorism offence and any
other person who claims an interest in the property may
appear and adduce evidence at the hearing of the
application;

(c) the Court, at any time befbre the final determination of
the application-

(i) shall make an order fbr a valuation to be carried
out in relation to the property and give such
ancillary directions as the Court considers
necessary for that purpose; and

(ii) may direct the Director of Public Prosecutions
to give notice of the application to any person
who, in the opinion of the Court, appears to
have an interest in the property.

TERRORISM PREVENTION

(3) Where an application is made under subsection (I),
the Court may-

(a) in determining the application, have regard to the
transcript of any proceedings against the entity for the
offence;

(b) if satisfied that the property in respect of which the
application is made is applicable property, order that
the property or such part thereof as the Court may
specify in the order, be forfeited to the Crown.

(4) Where the Court orders that property, other than
money, be forfeited to the Crown, the Court shall specify in the
order the amount representing the value of the property pursuant
to a valuation carried out under subsection (2)(c)(i).

(5) In considering whether a forfeiture order should be
made under subsection (I) the Court shall have regard t o -

(a) the rights and interests, if any, of third parties in the
property;

(b) the gravity of the offence concerned;

(c) any hardship that may reasonably be expected to be
caused to any person by the operation of the order; and

(4 the use that is ordinarily made of the property, or the
intended use of the property.

(6) Where the Court makes a forfeiture order under
subsection (I), the Court may give such directions as are
necessary or convenient for giving effect to the order.

(7) The Director of Public Prosecutions may, in
accordance with rules of court, appeal against a decision of the
Court to refuse an application under subsection (1).

Amendment 29.---(I) The Court hearing an application under section
of application. 28(1) (hereafter in this section referred to as the original

application) may, before final determination thereof, and on the
--

[The irlusion of thls page Is authorized by L.N. 180.4/2006)

TERRORISM PREVENTON

application of the Director of Public Prosecutions, amend the
original application to include any other property, upon being
satisfied that-

(a) the property was not reasonably capable of identifi-
cation when the original application was made; or

(b) necessary evidence became available only after the

C) original application was made.
(2) Where the Director of Public Prosecutions applies to

amend an original application and the amendment would have
the effect of including additional property in the original
application, he shall give not less than fourteen days' written
notice of the application to amend to any person who he has
reason to believe may have an interest in the property to be
included in the original application.

(3) Any person who claims an interest in the property to
be included in the original application may appear and adduce
evidence at the hearing of the application to amend.

30.41) Subject to subsection (2), where the Court makes a Effeduf
forfeiture forfeiture order against any property, the property vests ,,.

absolutely in the Crown by virtue of the order.

(2) Where such property is subject to the Registration of
Titles Act-

(a) the property vests in the Crown in equity but not at law
until the applicable registration requirements have been
complied with;

(b) the Crown is entitled to be registered as owner of the
property;

(c) the Commissioner of Lands has power on behalf of the
Crown to do, or authorize the doing of, anything
necessary or convenient to obtain the registration of the
Crown as owner, including the execution of any
instrument required to be executed by a person
transferring an interest in that kind of property.

[The loclusloo of thin page h au(boriEEd by L.N. 1-1

TERRORISM PREVENTION

(3) Where the Court makes a forfeiture order against
property-

(a) the property shall not, except with the leave of the
Court and in accordance with any directions of the
Court, be disposed of, or otherwise dealt with, by or on
behalf of the Crown, before the relevant appeal date;

(b) if, after the relevant appeal date, the order has not been 0
discharged, the property may be disposed of and the
proceeds applied or otherwise dealt with in accordance
with the directions of the Attorney-General.

(4) Without prejudice to the generality of subsection
(3)(b), the directions that may be given pursuant thereto include
a direction that property is to be disposed of in accordance with
the provisions of any enactment specified in the direction.

(5) In this section, "relevant appeal date" means-

(a) the date on which the period allowed by the rules of
court for the lodging of an appeal against a person's
conviction, or against the making of a forfeiture order,
expires without an appeal having been lodged, which-
ever is the later; or

) where the appeal against a person's conviction or
against the making of a forfeiture order is lodged, the
date on which the appeal lapses in accordance with the
rules of court or is finally determined, whichever is the
later.

(6) A forfeiture order under this Act shall not affect the
operation of the provisions of any other law respecting the
forfeiture of property. (3

(7) Property is subject to forfeiture under section 28
(3)(b) only to the extent that it is not required to satisfy the
operation of the provisions of any other law respecting
restitution to, or compensation of, persons affected by the
commission of offences.

{The Inclusion of this page is authorhd by L.N. 180AIZ0061

TERRORISM PRE VENTION

(8) Before making a forfeiture order, the Court may set
aside any conveyance or transfer of the property that occurred
after the seizure of the property or the service of the restraint
order, unless the conveyance or transfer was made for valuable
consideration to a person acting in good faith and without
notice.

31.-(1) Where an application is made for a forfeiture order Protection
of third against property, a person who claims an interest in the property ,,es.

may, before the forfeiture order is made, apply to the Court for
an order under subsection (2).

(2) If, pursuant to subsection (I), a person applies for an
order the Court shall make an order declaring the nature, extent
and value (as at the time the order is made) of the person's
interest if the Court is satisfied-

(a) that the person was not in any way involved in the
commission of the offence; and

(b) where the person acquired the interest during or after
the commission of the offence, that he acquired the
interest-

(i) for sufficient consideration; and

(ii) without knowing or having reasonable grounds
to suspect, that at the time he acquired it, the
property was used in, or derived, obtained or
realized directly or indirectly fiom, the
commission of a terrorism offence.

(3) Subject to subsection (4), where a forfeiture order has
already been made against property, a person who claims an

C interest in the property may, before the end of the period of three
months commencing on the day on which the forfeiture order is
made or such longer period as the Court may, having regard to
all the circumstances, allow, apply under this subsection to the
Court for an order under subsection (2).

(4) A person who-

[The Inclusion of thls page is authorIvd by L.N. 160A120061

TERRORISM PRErnNTZON

Discharge of
forfeiture
orderon
appeal or on
quashing of
conviction.

(a) had knowledge of the application for the forfeiture
order before the order was made; or

(b) appeared at the hearing of that application,

shall not, except with the leave of the Court, be permitted to
make an application under subsection (3).

(5) A person who makes an application under subsection
(I) or (3) shall give not less than fourteen days' written notice
thereof to the Director of Public Prosecutions, who shall be a
party to any proceedings in respect of the application.

(6) An applicant or the Director of Public Prosecutions
may in accordance with rules of court, appeal to the Court of
Appeal from an order made under subsection (2).

(7) Where a person has obtained an order under
subsection (2) and the period allowed by rules of court with
respect to the making of appeals has expired or any appeal from
that order made pursuant to subsection (6) has been determined
in the person's favour, the Attorney-General shall, on application
of that person, direct that-

(a) the property or the part thereof to which the applicant's
interest relates, be returned to the applicant; or

(b) an amount equal to the value of the applicant's interest,
as declared in the order, be paid to the applicant

32.-41) Where a forfeiture order is made in respect of a
person's conviction of a terrorism offence and the conviction is
subsequently quashed, the quashing of the conviction discharges
the order.

(2) Where a forfeiture order is discharged as provided in
subsection (1) or, as the case may be, by the Court on an appeal
against the order, any person who claims to have had an interest
in the property immediately before the making of the forfeiture
order, may apply to the Attorney-General in writing for the
return or, as the case may be, the transfer of the interest to him.

TERRORISM PREWNTION 3 9

(3) On the receipt of an application under subsection (2),
the Attorney-General shall-

(a) if the interest is still vested in the Crown, direct that the
property or part thereof to which the applicant's
interest relates, be transferred or returned to the
applicant; or

(b) in any other case, direct that there be payable to the
applicant: an amount equal to the value of the interest
at the time when the order is made.

(4) In the exercise of the powers conferred by this section
and section 3 1, the Attorney-General shall have power to do or
authorize the doing of anything necessary or convenient to effect
the transfer or return of property, including the execution of any
instrument and the making of an application for the registration
of an interest in the property.

33.-(1) A person who has an interest in property against Appeals
which a forfeiture order is made may appeal against that order- ;$:Ere

orders. (a) in the case of a person convicted of the terrorism
offence in respect of which the order was made, in the
same manner as if the order were, or were part of, a
sentence imposed on that person in respect of that
offence; or

(b) in any other case, in the same manner as if the person
had been convicted of the terrorism offence in respect
of which the order was made and the order were, or
were part of, a sentence imposed on that person in
respect of that offence.

0 (2) Nothing in this section shall be taken to affect any right of appeal that a person would have apart from this section.
34.--( 1) Where a person (in this section and section 3 5 called Application

"the defendant") has been- for restraint order.
(a) convicted of a terrorism offence; or

lThe inciuslon of this page is authorized by L.N. 180N20061

Restraint
orders.

TERRORISM PREVENTION

(b) charged with a terrorism offence,

the Director of Public Prosecutions may apply to the Court for a
restraint order against any property in respect of which a
forfeiture order may be made under section 28 (3)(b).

(2) An application for a restraint order may be made ex
parte and shall be in writing and be accompanied by an affidavit
stating-

(a) where the defendant has been convicted of a terrorism
offence, the terrorism offence for which the defendant
was convicted, the date of the conviction, the Judge
before whom the conviction was obtained and whether
an appeal has been lodged against the conviction;

(b) where the defendant has been charged with a terrorism
offence, the terrorism offence for which he is charged
and the grounds for believing that the defendant
committed the offence;

(c) a description of the property in respect of which the
restraint order is sought;

(4 the name and address of the person who is believed to
be in possession of the property;

(e ) the grounds for believing that the property is applicable
properiy in relation to the offence;

V) where the application seeks a restraint order against a
person other than the defendant, the grounds for
believing that the property is applicable property in
relation to the offence or is subject to the effective
control of the defendant; and

(g) the grounds for believing that a forfeiture order may be
or is likely to be made under this Act.

35.+1) Subject to this section, the Court may, on the
application of the Director of Public Prosecutions, make a
restraint order against property wherever situate, whether inside
or outside of Jamaica, if the Court is satisfied that-

lThe lncludon of LIs page fa ruthorisad by L.N. 180An0061

TERRORIM PREVENTION

the defendant has been convicted of a terrorism
offence;
the defendant is charged with a terrorism offence and
there are reasonable grounds for believing that the
defendant committed the offence;
there are reasonable grounds for believing that the
property is applicable property in relation to the
terrorism offence for which the defendant is convicted
or charged;
where the application seeks a restraint order against
property of a person other than the defendant, there are
reasonable grounds for believing that the property is
applicable property in relation to the terrorism offence
for which the defendant is convicted or charged or that
the property is subject to the effective control of the
defendant; or
there are reasonable grounds for believing that a
forfeiture order is likely to be made under this Act.

(2) A restraint order may-

prohibit the defendant or any other person fiom
disposing of, or otherwise dealing with, the property or
such part thereof or interest therein as is specified in
the order, except in such manner as may be specified in
the order; and
at the request of the Director of Public Prosecutions,
where the Court is satisfied that the circumstances so
require-

direct such person as the Court may appoint to
take custody of the property or such part thereof
as is specified in the order and to manage or
otherwise deal with all or any part of the
property in accordance with the directions of
the Court; and

(ii) require any person having possession of the

lThe inclusion of this page Is authorized by L.N. 180A120061

TERRORISM PRE ENTION

property to give possession thereof to the
person appointed under sub-paragraph (i) to
take custody of the property.

(3) A restraint order may be made subject to such
conditions as the Court thinks fit and, without limiting the
generality of the foregoing, may make provision for meeting out
of the property, or a specified part of the property, all or any of
the following-

(a) the person's reasonable living expenses including the
reasonable living expenses of the person's dependants
(if any) and reasonable business expenses;

(b) the person's reasonable expenses in defending the
criminal charge and any proceedings under this Act.

(4) In determining whether there are reasonable grounds
for believing that property is subject to the effective control of
the defendant, the Court may have regard to-

(a) shareholding in, debentures over or directorships in,
any company that has an interest (direct or indirect) in
the property, and for this purpose the Court may order
the investigation and inspection of the books of a
company named in the order;

(b) any trust that has a relationship with the property;

(c) any relationship between persons having interests in
the property or in such company or trusts as is referred
to in paragraph (a) or (b), and any other persons.

(5) Where a person appointed under subsection (2)(b)(i)
is given a direction in relation to any property, that person may
apply to the Court for directions on any question respecting the
management or preservation of the property concerned.

(6) An application under subsection (5) shall be served
upon all persons interested in the application or such of them as
the Court thinks expedient, and all such persons shall be entitled
to appear and be heard at the hearing.

- - -

[The bclu~lon of thls page Is authorized by L.N. 180.4/20061

TERRORISM PRE KNTION 43

(7) A person appointed under subsection (2)(b)(i) shall,
in acting on directions given by the Court, be deemed to have
discharged his duty in the subject-matter of the application.

36.+1) Before making an order under section 35, the Court Under-
may require the Crown to give such undertakings as the Court e~ by
considers appropriate with respect to the payment of damages or
costs, or both, in relation to the making and execution of the
order.

(2) For the purposes of this section, the Director of
Public Prosecutions may, after consultation with the Attorney-
General, on behalf of the Crown, give to the Court such
undertakings with respect to the payment of damages or costs, or
both, as are required by the Court.

37.
notice
opinio

Before making a restraint order, the Court may require Noticeof
application to be given to, and may hear, any person who, in the

~n of the Court, appears to have an interest in the property, order.
unless the Court is of the opinion that giving such notice before
making the order would result in the disappearance, dissipation
or reduction in the value of the property.

38. A copy of a restraint order shall be served on a person serviceof
restraint affected by the order in such manner as the Court directs or as -.

may be prescribed by rules of court.

39.+1) A copy of a restraint order that affects registered Registration
of restraint land in Jamaica shall be registered with the Registrar of the ,,.

Supreme Court and with the Registrar of Titles who shall record
the particulars of the order in the Register Book of Titles.

(2) A restraint order is of no effect with respect to
CJ registered land unless it is so registered.

(3) Where particulars of a restraint order are registered as
required by this section, a person who subsequently deals with
the property concerned shall, for the purposes of section 31, be
deemed to have notice of the order at the time of the dealing.

[The inclualon of thla page ia authorized by L.N. 180Al20061

TERRORISM PREVENTION

(4) The registration of a restraint order under this section
shall be exempt from the payment of fees under the Registration
of Titles Act and stamp duty under the Stamp Duty Act.

contravention 40.-41) A person who knowingly contravenes a restraint
of restraint
order. order by disposing of, or otherwise dealing with, property that is

subject to the restraint order commits an offence and is liable-

(a) on summary conviction in a Resident Magistrate's
Court-

(i) in the case of an individual, to a fine not
exceeding one million dollars or to imprison-
ment for a term not exceeding twelve months or
to both such fine and imprisonment; or

(ii) in the case of a body corporate, to a fine not
exceeding three million dollars;

(b) on conviction on indictment in a Circuit Court-

(i) in the case of an individual, to a fine or to
imprisonment for a term not exceeding seven
years or to both such fine and imprisonment; or

(ii) in the case of a body corporate, to a fine.

(2) Where a restraint order is made against property
and-

(a) the property is disposed of or otherwise dealt with in
contravention of the restraint order; and

(b) the disposition or dealing was not for sufficient
consideration or not in favour of a person who acted in
good faith and without notice,

the Director of Public Prosecutions may apply to the Court for
an order that the disposition or dealing be set aside.

(3) The Court may, on the application of the Director of
Public Prosecutions under subsection (2), set aside the
disposition or dealing-

[The lnclusIon of this page Is authorized by L.N. 180.4120061

TERRORISM PREVENTION 45

(a) as fiom the day on which the disposition or dealing
took place; or

(b) as from the day of the order under this subsection,

and declare the respective rights of any persons who acquired
interests in the property on or after the day on which the
disposition or dealing took place, and before the day of the order

C under this subsection.
4 1 . - ( 1 ) A restraint order remains in force until- Duration of

restraint
(a ) it is revoked under section 42 or 44; order.

(b ) it ceases to be in force under section 43;

(c) a forfeiture order is made in respect of the property that
is the subject of the order; or

(6) the property that is the subject of the order becomes
forfeited to the Crown under any other enactment.

(2) A restraint order shall cease to be in force in respect
of any property or interest therein or any part thereof which is
excluded fiom its application pursuant to section 42 (5).

42.-(1) A person who has an interest in property in respect Reviewof
of which a restraint order is made or that was seized under a zgf"bd
warrant issued pursuant to section 23 may, at any time, apply to search
the Court- warrants.

(a) for an order under subsection (5); or

(b) for permission to examine the property.

(2) An application under subsection (1) shall not be
heard by the Court unless the applicant has given the Director of
Public Prosecutions not less than three days7 notice in writing of
the application.

(3) The Court may require notice of the application to be
given to, and may hear, any person who, in the opinion of the
Court, appears to have an interest in the property.

\The Inclusion of thls page Is authorized by L.N. 180Al20061

I
I

I

I

I

I

I
I

TERRORISM PREK??NTION

(4) On an application under subsection (l)(a) in respect
of any property, the Court may act in accordance with
subsection (5) after hearing the applicant, the Director of Public
Prosecutions or any other person who is notified under
subsection (3).

(5) For the purposes of subsection (4), the Court may
order that the property or any part thereof be returned to the
applicant or, in the case of a restraint order, revoke the order or
vary it to exclude the property or any interest therein or any part
thereof fiom the application of the order, or make the order
subject to such conditions as the Court thinks fit-

(a) if the applicant enters into a recognizance before the
Court, with or without sureties, in such amount and
with such conditions, as the Court directs, and where
the Court considers it appropriate, deposits with the
Court such sum of money or other valuable security as
the Court directs;

(b) if the conditions referred to in subsection (6) are
satisfied; or

(c) for the purpose of-

meeting the reasonable living expenses of the
person who was in possession of the property at
the time the order was made or the warrant was
executed or any person who, in the opinion of
the Court, has an interest in the property and of
the dependants of that person;

(ii) meeting the reasonable business or legal
expenses of a person referred to in sub-
paragraph (i).

(6) An order under subsection (5) in respect of property
may be made if the Court is satisfied that-

(a) a restraint order should not have been made or a
warrant should not have been issued pursuant to section
23, in respect of the property;

[The lncluslon of thls page Is authorized by L.N. 180,4120061

TERRORISM PREVENTION 47

(b) the applicant is the lawhl owner, or l a h l l y entitled to
possession, of the property and appears innocent of any
complicity in a terrorism offence or of any collusion in
relation to such offence; and

(c) the property will no longer be required for the purpose
of any investigation or as evidence in any proceedings.

(7) On an application to the Court under subsection
(l)(b), the Court may order that the applicant be permitted to
examine the property subject to such terms as appear to the
Court to be necessary or desirable to ensure that the property is
safeguarded and preserved for the purpose for which it may
subsequently be required.

43.-(1) Subject to this section, a restraint order shall not Automatic
expiry of continue in force for a period of more than six months after the ,,ai,

date when the order is made unless, before the expiration of that orders.
period, the Director of Public Prosecutions applies to the Court
for an extension of the period of operation of the order.

(2) Where the Director of Public Prosecutions makes an
application under subsection (1) and the Court is satisfied that a
forfeiture order may be made in respect of the property
concerned or part thereof, the Court may specify the period of
operation of the restraint order and may make such other order
as the Court considers appropriate in relation to the operation of
the order.

44.-41) Where the Court is satisfied that property will no Disposalof
longer be required for the purposes of- property seized or

(a) section 28(3) (b) (forfeiture order on conviction);
dealt with.

(b) any other enactment providing for forfeiture;

(c) any investigation; or

(9 evidence in any proceedings,
the Court shall, on the application of the Director of Public

[The lncluslon of this page is authorized by L.N. 180AIZ006j

-

I
I

I

~
I ~

TERRORISM PRE'VENTION

Prosecutions or any person having an interest in the property, act
in accordance with the following subsections.

(2) The Court may revoke any restraint order in respect
of the property.

(3) Where the property has been seized under a warrant
issued under section 23, or is under the control of a person
appointed pursuant to section 35(2) (b) (i), the Court may order
that the property be-

(a) returned to the person fiom whom it was taken, if that
person's possession of the property is lawhl;

(b) returned to the lawful owner or the person who is
lawfully entitled to possession of it if-

(i) the person fiom whom it was taken was not
lawfblly entitled to possession of it; and

(ii) the lawful owner or the person lawfully entitled
to its possession is known;

(c) order that the property be forfeited to the Crown if-

(i) possession of it by the person fiom whom it
was taken is unlawful; and

(ii) the lawfbl owner or person lawfblly entitled to
its possession is not known or cannot upon
reasonable enquiry, be ascertained.

General

Consent of 45. Proceedings in respect of a terrorism offence or an
Diredm of
Public offence under section 13 (failure to report terrorism offence), 15
Prosecutions. or 16 (duty of entities to report) shall not be instituted without

the consent of the Director of Public Prosecutions.

EHensionof 46. For the purpose of conferring jurisdiction, any offence
Jamaican local
criminal committed outside of Jamaica shall be deemed to have been
jurisdiction. committed in any place in Jamaica where the offender may for

the time being be, if, had such offence been committed in
Jamaica, the offence would be a terrorism offence.

[The lnclualon of this page Is authorized by L.N. 180A120061

TERRORISM PREVENTION 49

47.41) The Minister may make regulations, subject to Regulations.
affirmative resolution, generally for giving effect to the
provisions and purposes of this Act.

(2) Regulations made under this Act may impose, in 4nOlO
iespect of a breach of any of the provisions of such regulations, S. 2.
penalties in excess of the penalties specified by section 29 of the

, , Interpretation Act.

48.41) The provisions of this Act shall be reviewed by a Reviewof
joint select committee of the Houses of Parliament after the
expiration of two years from the 6th of June,'2005.

(2) Except by order of the Court- .

(a) the validity of any proceedings taken, or any order in
force, under this Act immediately before the expiration
of the time specified in subsection (1) shall not be
affected by any amendment or repeal of any of the
provisions of this Act made pursuant to a review
conducted under subsection (1); and

(b) any such proceedings shall be continued and deter-
mined, and any such order shall continue in force for
such duration, as if such amendment or repeal had not
been made.

[The inclusion of this page is authorized by L.N. 92cf2012)

'50 TERRORISM PRE VENTION

offences 1.-41) Unlawfully and intentionally seizing or exercising contiol o;er a
implementing ship by the use or threat of force, violence or any other form of intimidation.
the Conven-
tion for the , (2) Unlawfully and inteptionally-
'~u~pression f 1 . + .
Unlawful Acts . (a) committing an act of violence against ,a person on board .a ship, I Against the whether or not any physical contact o; harm 2 c c ~ ; ,
Safety of ? I s ' . 2 I * I
b~ariiime (6) destroying or damaging a ship or the cargo of a ship;
.Navigation.

. (c) placing, or causing to be placed, ,on a ship any device or substance
that destroys or damages or is likely to destroy or' damage that ship

6 i t , 1 . . +
4 .' or its cargo; -

' I , . , .
1 (4 destroying or causing serious 'damage to maritime navigati6nal

facilities or causing serious interference with the operation of such
facilities;

, , *.
(e) communicating false information, knowing such information to be

false,
' ::

so as to endanger, or create a serious;likelihood of endan
, navigation of a,ship. .

I

(3) This paragraph shall not apply to- . . ,
, (a) a warship; . .

a ! (6) a government ship being used as a naval auxiliary or for customs or
, , police purposes; or , . I .

(c) a ship that is laid up or withdrawn from navigation.

(4) The provisions of this paragraph shall not affect any immunity
attached to a foreign warship or other government vessel operated for non- -
commercial purposes.

(5) in this paragraph-

"ship" means a vessel, of any type whatsoever, not permanently
attached to the seabed, including dynamically supported craft,
submersibles or any other floating craft;

"warship" means a ship-

(a) that belongs to the armed forces of a State;
(6) that bears the external marks distinguishing ships of that

nationality;
(c) that is under the command 'of an officer duly commis-

sioned by the government of the State;

[The inclusion of this page is authorized by L.N. 92cf20121

TERRORISM PRE'VENTION 51

(d) whose name appears in the appropriate service list or its
equivalent; and

(e) that is manned by a crew which is under regular armed
forces discipline.

2.-(1) In this paragraph, "fixed platform" means an artificial island, offences
installation or structure permanently attached to the seabed for the purpose of implement-
exploration or exploitation of resources or for other economic purposes. ing the

Rotocol for

C (2) Unlawhlly and intentionally seizing or exercising control over a the SUP- fixed platform by the use or threat of force, violence or any other form of GI,"~:
intimidation. ~ c t s

(3) Unlawfidly and intentionally-
Against the
Safety of
Fixed

(a) committing any act of violence against a person on board a fixed
platform, whether or not any physical contact or harm occurs; Located on

the Conti-
(b) destroying or damaging a fixed platform; or nental Shelf.

(c) placing or causing to be placed, on a fixed platform any device or
substance that is likely to destroy or damage the fixed platform,

so as to endanger, or create a reasonable likelihood of endangering, the safety
of the fixed platform.

3.-41) Unlawfully and intentionally delivering, placing, discharging or mences
detonating an explosive or other lethal device in, into or against any public implement-
place, State or government facility, public transportation system or ~ ~ ~ ~ ~ n t i _
infrastructure facility, with the intention of causing- for the

(a) death or serious bodily injury to any person; or Suppression of Terrorist
(b) extensive destruction of such place, facility or system, where such

destruction results or is likely to result in major economic loss,

or organizing or directing any person to do so.

(2) In this paragrap£+

"an explosive or other lethal device" includes-

(a) any incendiary weapon or device designed or having the
capability to cause death, serious bodily injury or
substantial damage to property; or

(b) any weapon or device designed or having the capability to
cause death: serious bodily injury or substantial
damage to property, through the release, Qssemination or
impact of toxic chemicals, biological agents. toxins or
similar substances, or radiation or radioactive, material;

!The lncluoion of thlo page Is authorized by L.N. 180N20061

Mfences
implementing
the Conven-
tion on the
Prevention
and Punish-
ment of
Crimes
Against
Internationally
Protected
Persons,
including
Diplomatic
Agents.

TERRORISM PREVENTION

"infrastructure facility" means any publicly or privately owned facility
providing or distributing essential services for the benefit of the
public, such as water, sewage, energy, fuel or communications;

"public place" means any highway, street, public park ok garden, any
sea beach and any public bridge, road, lane, footway, square, court
alley or passage, whether a thoroughfare or not, wd includes any
open space and any premises to which for the time being, the
public have or are permitted to have access, whether on payment
or otherwise;

"public transportation system" means any mode of conveyance, whether
publicly or privately owned, that is used in or for publicly
available services for the transportation of persons or cargo;

"State or government facility" includes any permanent or temporary
facility or mode of conveyance that is used or occupied, in
connection with their official duties, by-

(a) representatives of a State, members of Government,
the legislature or the judiciary; or

(b) officials or employees of a State, statutory body or inter-
governmental organization.

4.--( 1) Unlawfully and intentionally-

(a) injuring, kidnapping or otherwise attacking any internationally pro-
tected person; or

(b) attacking that person's official premises, private accommodation or
means of transport.

(2) For the purposes of this paragraph "internationally protected
person" means-

(a) a Head of State, including any member of a collegial body
performing the functions of Head of State under the constitution of
the State concerned, a Head of Government or a Minister for
Foreign Affairs, whenever any such person is in a foreign State, as
well as the members of his family who accompany him;

(b) any representative or official of a State or any official or other
agent of an international organization of an inter-governmental
character who, at the time when and in the place where an offence
is committed against him, his official premises, his private
accommodation or his means of transport, is entitled pursuant to
international law to special protection from any attack on his
person, freedom or dignity, as well as members of his family
forming part of his household.

[The inclusion of this page is authorized by L.N. 180A12006j

TERRORISM PREVENTION

Offences
implementing
the Inter-
national
Convention
Against the
Taking of
Hostages.
Offences
implementing cr;:-
Physical
Protection of
Nuclear
Materials.

5. Seizing, or detaining, and threatening to kill, injure, or continue to
detain, any person in order to compel any entity, State, government or
international inter-governmental organization to do or refrain from doing any
act as an explicit or implicit condition of the release of the person.

6.-(1) Internationally receiving, possessing, using, transferring, altering
or disposing or dispersing of nuclear material-

(a) without la* authority; and

(b) which causes or is likely to cause death or serious injury to any
person or substantial damage to property.

(2) Stealing. robbing, embezzling or fraudulently obtaining, nuclear
material.

(3) Demanding nuclear material by threat, attack or by any other form
of intimidation.

(a) to use nuclear material to cause death or serious injury to any
person or substantial damage to property; or

(b) to steal or rob nuclear material in order to compel any person,
government or international organization to do or refrain from
doing any act.

(5) In this paragraph-

"nuclear material" means-

(a) plutonium, except plutonium with isotopic concentration exceeding
80% in plutonium-238;

(b) uranium-233;

(c) uranium containing the isotopes 235 or 233 or both in an amount
such that the abundance of the ratio of the sum of these isotopes to
the isotope 238 is greater than the ratio of the isotope 235 to the
isotope 238 occumng in nature:

(6) uranium containing the mixture of isotopes as occurring in nature
other than in the form of ore or oreresidue; or

(e) any material containing one or more of the materials referred to in
paragraphs (a) to (6).

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