2002, No. 6


AN ACT to provide for the prevention and suppression of
terrorist and to give effect to Samoa’s international
treaty obligations and for related purposes.
[28th
March 2002]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:-

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Prevention and Suppression of Terrorism Act 2002.
(2) This Act shall come into force on such day as the Prime
Minister nominates by publication of a notice to that effect in
the Savali.

2. Interpretation – In this Act unless the context otherwise
requires:
“aircraft” includes aircraft of any type other than military
aircraft:
“Explosive or other lethal device” means –
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(a) An explosive or incendiary weapon or device that is
designed, or has the capability, to cause death,
serious bodily injury or substantial material
damage; or
(b) A weapon or device that is designed, or has the
capability, to cause death, serious bodily injury
or substantial material damage through the
release, dissemination or impact of toxic
chemicals, biological agents or toxins or similar
substances or radiation or radioactive material.
“Funds” means assets of every kind, whether tangible or
intangible, movable or immovable, however
acquired, and legal documents or instruments in any
form, including electronic or digital, evidencing title
to or interest in, such assets, including but not
limited to, bank credits, travellers cheques, bank
cheques, money orders, shares, securities, bonds,
drafts and letters of credit:
“Infrastructure facility” means any publicly or privately
owned facility providing or distributing services for
the benefit of the public, such as water, sewage,
energy, fuel, communications, financial transactions:
“Internationally protected person” means -
(a) Head of State, including any member of a collegial
body performing the functions of a 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 members of the person‟s family
who accompany the person; and
(b) Any representative or official of a State or any
official or other agent of an international
organization of an intergovernmental character
who at the time when and in the place where a
crime against the person, the person‟s premises,
the person‟s private accommodation or the
person‟s means of transport is committed, is
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entitled pursuant to international law to special
protection from any attack on the person, the
person‟s freedom or dignity, as well as members
of the person‟s family forming part of the
person‟s household.
“Place of public use” means those parts of any building,
land, street, waterway or other location that are
accessible or open to members of the public, whether
continuously, periodically or occasionally, and
encompasses any commercial, business, cultural,
historical, educational, religious, governmental,
entertainment, recreational or similar place that is so
accessible or open to the public:
“Proceeds” means any funds derived from or obtained,
directly or indirectly, through the commission of an
offence set out in this Act:
“Public transportation system” means all facilities,
conveyances and instrumentabilities, whether
publicly or privately owned, that are used in or for
publicly available services for the transportation of
persons or cargo:
“Ship” means any vessel of any type whatsoever (other
than a warship) not attached to the sea – bed,
including dynamically supported craft, submersibles,
or any other floating craft:
“State or government facility” means any permanent or
temporary facility or conveyance that is used or
occupied by representatives of a State, members of
Government, the legislature or the judiciary or by
officials or employees of a State or any other public
authority or entity or by employees or officials of an
intergovernmental organization in connection with
their official duties.

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PART II
TERRORIST BOMBING

3. Terrorist Bombing-(1) Every person commits the
offence of terrorist bombing who intentionally delivers, places,
discharges or detonates an explosive or other lethal device in,
into or against a place of public use, a State or government
facility, any vehicle or an infrastructure facility -
(a) With the intent to cause death or bodily injury; or
(b) With the intent to cause extensive damage to such a
place, facility or system where such damage
results in or is likely to result in significant
economic loss; or
(c) With the intent to cause public alarm, fear or panic.
(2) Every person who commits the offence of terrorist
bombing under subsection (1)(a) is liable to imprisonment for
life.
(3) Every person who commits the offence of terrorist
bombing under subsection (1)(b) is liable to imprisonment for a
term not exceeding 15 years.
(4) Every person who commits the offence of terrorist
bombing under subsection (1)(c) is liable to imprisonment for a
term not exceeding 15 years.

4. Attempt of terrorist bombing – Every person who
attempts to commit the offence of terrorist bombing as set out in
section 3 is liable to imprisonment for a term not exceeding 12
years.

5. Participation in a terrorist bombing-(1) Every person
commits an offence if -
(a) The person participates as an accomplice in an
offence as set out in sections 3 or 4; or
(b) Organizes or directs others to commit an offence as
set out in sections 3 or 4; or
(c) In any other way contributes to the commission of
an offence as set out in sections 3 or 4 by a
person or group of persons.
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(2) For the purpose of this section such contribution under
subsection (1)(c) shall be intentional and either be made with
the aim of furthering the general criminal activity or purpose of
the person or group or be made in the knowledge of the
intention of the person or group to commit the offence or
offences concerned.
(3) For the purpose of this section, „participation‟ shall
include the transportation or carriage or wearing of a package,
bag, container receptacle or thing whether or not the person
transporting or carrying or wearing such object knows that such
object contains an explosive or other lethal device.
(4) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.


PART III
HOSTAGE - TAKING

6. Hostage-taking-(1) Every person who seizes or detains
and threatens to kill or injure or to continue to detain another
person (hereinafter referred to as “the hostage”) in order to
compel a third party, namely, a State, an international
intergovernmental organization, a natural or juridical person, or
a group of persons, to do or refrain from doing any act as an
explicit or implicit condition for the release of the hostage
commits the offence of hostage-taking.
(2) Every person who commits the offence of hostage-
taking is liable to imprisonment for a term not exceeding 15
years.

7. Attempted hostage-taking-(1) Every person who -
(a) Attempts to commit the offence of hostage-taking, or
(b) Participates as an accomplice of any person who
commits or attempts to commit the offence of
hostage-taking,
is guilty of the offence of attempted hostage-taking.
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(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 12
years.


PART IV
CRIMES AGAINST INTERNATIONALLY
PROTECTED PERSONS

8. Attack against an Internationally Protected Person-
(1) Every person who -
(a) Murders, or
(b) Kidnaps, or
(c) Assaults,
an Internationally Protected Person is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to, in the case of an offence under subsections
(1)(a), imprisonment for life, and, in the case of an offence
under subsection (1)(b) or (c), imprisonment for a term not
exceeding 15 years.

9. Attack against premises of an Internationally
Protected Person-(1) Every person who enters the official
premises or the private accommodation or the means of
transport of an Internationally Protected Person with the
intention of murdering or kidnapping or assaulting an
Internationally Protected Person is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.

10. Attempted attack against an Internationally
Protected Person-(1) Every person who -
(a) Attempts to commit an offence under sections 8 or
9, or
(b) Participates as an accomplice of any person who
commits or attempts to commit an offence under
sections 8 or 9,
is guilty of an offence.
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(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 12
years.

11. Threat of attack against an Internationally
Protected Person-(1) Every person who intentionally threatens
to commit an offence under sections 8 or 9 is guilty of an
offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 5
years.


PART V
AVIATION SAFETY

12. Unlawful seizure of an aircraft-(1) Every person who
unlawfully, by force or threat of force, or by any other form of
intimidation, seizes or exercises control of, an aircraft is guilty
of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.

13. Attempt to unlawfully seize an aircraft-(1) Every
person who -
(a) Attempts to commit an offence under section 12, or
(b) Participates as an accomplice of any person who
commits or attempts to commit an offence under
section 12,
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 12
years.

14. Violence at an airport-(1) Every person who
unlawfully and intentionally, using any device, substance or
weapon -
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(a) Performs or threatens to perform an act of violence
against a person at an airport which causes or is
likely to cause serious injury or death, or
(b) Destroys or seriously damages the facilities of an
airport or aircraft, or
(c) Disrupts the services of an airport,
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 12
years.

15. Attempted violence at an airport-(1) Every person
who -
(a) Attempts to commit an offence under section 14, or
(b) Participates as an accomplice of any person who
commits or attempts to commit an offence under
section 14,
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 10
years.

16. Threat of aircraft seizure or violence-(1) Every
person who intentionally threatens to commit an offence under
sections 12 to 15 is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.


PART VI
MARITIME SAFETY

17. Seizure of a ship-(1) Every person who unlawfully
and intentionally -
(a) Seizes or exercises control over a ship by force or
threat of force or by any other form of
intimidation; or
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(b) Performs or threatens to perform an act of violence
against a person on board a ship if that act is
likely to endanger the safe navigation of that ship
or any other ship; or
(c) Destroys a ship or causes damage to a ship or to its
cargo which is likely to endanger the safe
navigation of that ship or any other ship; or
(d) Places or causes to be placed on or attached to a ship,
by any means whatsoever, an explosive or other
lethal device; or
(e) Destroys or damages any maritime navigational
facility or interferes with its operation; or
(f) Communicates information which the person knows
to be false, thereby endangering the safe
navigation of a ship; or
(g) Injures or kills any person in connection with the
commission of any of the offences set out in this
subsection;
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.

18. Attempt to seize a ship-(1) Every person who -
(a) Attempts to commit an offence under section 17, or
(b) Participates as an accomplice of any person who
commits or attempts to commit an offence under
section 17,
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 12
years.

19. Threat to a ship-(1) Every person who intentionally
threatens to commit an offence under section 17 is guilty of an
offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 5
years.
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PART VII
FINANCING OF TERRORIST ACTS

20. Financing of terrorist acts-(1) Every person who, by
any means, directly or indirectly, knowingly or without due
inquiry, provides or collects funds or proceeds with the
intention that such funds or proceeds be used, or in the
knowledge that such funds or proceeds are to be used, in full or
in part, in order -
(a) To carry out an act which constitutes an offence
under this Act, or
(b) To carry out any other act intended to cause death or
bodily injury to any person not taking an active
part in the hostilities of armed conflict, where the
purpose of such act, by its nature or context, is
intended to intimidate a population, or to compel
a State or Government or an International
Organization to do or to abstain from doing an
act;
is guilty of an offence.
(2) Every person who commits an offence under this
section is liable to imprisonment for a term not exceeding 15
years.

21. Seizure of funds intended or used to finance a
terrorist act – Notwithstanding any other Act or law-(1)
Where it is found by a Court that any funds or proceeds have
been provided or collected for the purpose of committing an
offence under this Act, the Court shall order that such funds or
proceeds be forfeited to the Independent State of Samoa.
(2) Upon application by the Attorney General a Court may
order that any funds or proceeds suspected on reasonable
grounds of being funds or proceeds subject to section 20 or
subsection (1) of this section be frozen pending a determination
by the Court as to whether such funds or proceeds have been
provided or collected for the purpose of committing an offence
under this Act.
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(3) Where a Court has made an order under this section
any person or juridical person holding or having control of any
funds or proceeds subject to this section shall comply with any
order of the Court.
(4) Any person or juridical person who knowingly fails to
comply with a Court Order made under this section shall be
guilty of an offence and shall be liable to a fine not exceeding
1000 penalty units or to imprisonment for a term not exceeding
5 years, or to both a fine and imprisonment.
(5) Where a person or juridical person knowingly fails to
comply with a Court Order made under this section and as a
result funds or proceeds subject to this section are not frozen or
forfeited to the Independent State of Samoa, as the case may be,
the Court, in addition to imposing a penalty or penalties under
subsection (4), may order that any property, real or personal, up
to the value of the funds or proceeds subject to this section
owned by such person or juridical person be forfeited to the
Independent State of Samoa.
(6) Where any funds or proceeds subject to this section are
held or controlled by a juridical person, any manager, company
director or person howsoever called who has authority over
such funds or proceeds shall also be personally liable under this
section for any act or failure to act by the juridical person unless
the person can establish to the satisfaction of a Court that the
person had no knowledge and no duty of inquiry concerning
such funds or proceeds.
(7) Any order, prosecution, forfeiture or penalty imposed
upon any person under subsection (6) shall not excuse any
juridical person from any order, prosecution, forfeiture or
penalty which may be imposed under this section.
(8) No claim may be made in respect of any interest which
accrues on any funds frozen by or forfeit to the Independent
State of Samoa pursuant to a Court Order under this section.

22. Assisting the financing of terrorist acts – Not-
withstanding any other Act or law-(1) Every person who
knowingly or with due inquiry assists in any way the provision
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of or collection of funds or proceeds where such funds or
proceeds are used or are to be used to carry out an act which
constitutes an offence under this Act is guilty of an offence.
(2) Every person who knowingly or without due inquiry
assists any person or any juridical person to -
(a) Conceal the whereabouts of any funds or proceeds
subject to Part VI of this Act, or
(b) Transfer any funds or proceeds subject to Part VI of
this Act out of the jurisdiction or control of any
Court of the Independent State of Samoa, or
(c) Avoid compliance with any Court Order made under
Part VI of this Act,
is guilty of an offence.
(3) Any person or juridical person who commits an offence
under this section shall be liable to a fine not exceeding 1000
penalty units or to imprisonment for a term not exceeding 5
years, or to both a fine and imprisonment.
(4) Where a juridical person is found guilty of an offence
under this section any manager, company director or person
howsoever called who has authority over any funds or proceeds
subject to this section shall also be personally liable under this
section for any act or failure to act by the juridical person unless
the person can establish to the satisfaction of a Court that the
person had no knowledge and no duty of inquiry concerning
such funds or proceeds.


PART VIII
ARREST AND EXTRADITION OF SUSPECTED
FOREIGN TERRORISTS

23. Application of this Part – Part VIII of this Act shall
apply notwithstanding the provisions of the Extradition Act
1974 or any other Act or law.

24. Arrest and extradition of suspected foreign
terrorists-(1) Where a police officer suspects on reasonable
grounds -
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(a) That a foreign national is wanted by a Common-
wealth or Foreign Country to face a charge or
charges in that country concerning a terrorist act,
or
(b) That a foreign national is unlawfully at large after
conviction for committing a terrorist act,
the police officer, using reasonable force, may arrest the person
and without undue delay bring the person before the Supreme
Court.
(2) For the purposes of this Part a terrorist act shall include
any offence provided for under this Act or an offence
determined by the Supreme Court to be equivalent to any
offence provided for under this Act.
(3) Where the Supreme Court is satisfied that -
(a) The provisions of section 6 of the Extradition Act
1974 do not apply, and
(b) There is reasonable evidence available to the Court
that the person should face trial for committing a
terrorist act or is unlawfully at large after
conviction for committing a terrorist act,
the Court shall order that the person remain in custody and be
returned to the Commonwealth or Foreign Country wishing to
put the person on trial for committing a terrorist act or be
returned to the Commonwealth or Foreign Country wishing to
regain the custody of the person following the persons‟s
conviction for committing a terrorist act, as the case may be.


PART IX
EXTRA-TERRITORIAL JURISDICTION OF
SUPREME COURT

25. Extra – territorial jurisdiction – Notwithstanding any
other Act or law the Supreme Court shall have jurisdiction to
hear and determine any matter under this Act irrespective of
whether any act or event takes place inside or outside of Samoa.