Anti-Terrorism Act


Published: 2004-12-31

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Anti-Terrorism Act
ANTI-TERRORISM [CH.107 – 1


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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 107

ANTI-TERRORISM

LIST OF AUTHORISED PAGES

1 – 4 LRO 1/2010
5 – 8 LRO 1/2006
9 – 16 LRO 1/2010




ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation.
3. Offence of terrorism.
4. Order in respect of listed entities.
5. Providing or collecting funds for criminal purposes.
6. Liability of a legal entity.
7. Investigation.
8. Rights of an offender.
9. Freezing of funds.
10. Forfeiture Order.
11. Sharing of forfeited funds.
12. Extradition.
13. Jurisdiction.
14. Notification to the appropriate State through United Nations.
15. Conditions for transfer of persons detained.
16. Attorney-General to be the competent Authority.
17. Application.
18. Regulations.

FIRST SCHEDULE (Sections 3 & 18).













ANTI-TERRORISM [CH.107 – 3


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CHAPTER 107

ANTI-TERRORISM

An Act to implement the United Nations
convention respecting the suppression of the financing
of terrorism, the United Nations Security Council
Resolution 1373 on terrorism and generally to make
provision for preventing and combating terrorism.

[Assent 31st December, 2004]
[Commencement 31st December, 2004]

1. This Act may be cited as the Anti-Terrorism
Act.

2. In this Act —
“Convention” means the International Convention

for the Suppression of the Financing of
Terrorism adopted by the General Assembly of
the United Nations on 9th December, 1999;

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

“funds” means —
(a) assets of every kind whether tangible or

intangible, movable or immovable,
however acquired; and

(b) legal documents or instruments in any
form; including electronic or digital,
evidencing title to or interest in such assets
as bank credits, travelers cheques, bank
cheques, money orders, shares, securities,
bonds, drafts, or letters of credit;

“listed entity” means an entity in respect of which an
Order under section 4 has been made;

“Minister” means the Minister responsible for
National Security;

“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

25 of 2004
24 of 2008
S.I. 52/2008

Short title.

Interpretation.

CH.107 – 4] ANTI-TERRORISM





STATUTE LAW OF THE BAHAMAS LRO 1/2010

or any other public authority or entity or by
employees or officials of an intergovernmental
organization in connection with their official
duties.

3. (1) A person who in or outside The Bahamas
carries out —

(a) an act that constitutes an offence under or
defined in any of the treaties listed in the First
Schedule; or

(b) any other act —
(i) that has the purpose by its nature or

context, to intimidate the public or to
compel a government or an international
organization to do or to refrain from doing
any act; and

(ii) that is intended to cause —
(A) death or serious bodily harm to a

civilian or in a situation of armed
conflict, to any other person not
taking an active part in the hostilities;

(B) serious risk to health or safety of the
public or any segment of the public;

(C) substantial property damage; whether
to public or private property, where
the damage involves a risk of the
kind mentioned in sub-paragraph (B)
or an interference or disruption of the
kind mentioned in sub-paragraph
(D); or

(D) serious interference with or serious
disruption of an essential service,
facility or system, whether public or
private; not being an interference or
disruption resulting from lawful
advocacy or from protest, dissent or
stoppage of work,

is guilty of the offence of terrorism and on conviction on
information where death ensues and where that act would
have constituted the offence of murder or treason, prior to
the commencement of this Act, shall be sentenced to death;
or in any other case, is liable to imprisonment for life.

(2) A person who —

Offence of
terrorism.

First Schedule.

ANTI-TERRORISM [CH.107 – 5


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(a) aids, abets, counsels, procures, incites or solicits
the commission of an offence; or

(b) conspires with another or others to commit an
offence,

under subsection (1) is liable on conviction on information
to be punished as a principal offender under that
subsection.

4. (1) The Attorney-General shall apply to a 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 terrorist entities by the United
Nations Security Council; and

(b) the Attorney-General 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 (1), the
Attorney-General shall make such investigations as he
considers 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 (1) (a); and
(ii) subsection (1) (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 —
(i) subsection (1) (a); and
(ii) subsection (1) (b) (i) or (ii).

(5) Where an order is made under subsection (4),
(7)(d), or (10), the Attorney-General shall, within seven
days after the date of the order, cause to be published in a
daily newspaper in circulation in The Bahamas —

(a) a copy of the order; and

Order in respect
of listed entities.

CH.107 – 6] ANTI-TERRORISM





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(b) in the case of an order under subsection (4) a
statement that the matter will be reviewed every
six months.

(6) Within sixty days after the date of publication of
an order under subsection (5), the entity in respect of which
the order is made may apply to a Judge of the Supreme
Court for a review of the order and shall notify the
Attorney-General of the application.

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

(a) hear any evidence or other information that may
be presented by the Attorney-General and may,
at the request of the Attorney-General hear all or
part of that evidence or information in the
absence of the applicant or any counsel
representing the applicant, if the Judge is of the
opinion that the disclosure of the information
would be prejudicial to national security or
endanger the safety of any person;

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

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

(d) determine whether or not the order should be
revoked on the basis of the information available
to the Judge and, if he determines that the order
should be revoked, make an order for such
revocation.

(8) For the purposes of any application or review
under this section, the Judge may receive in evidence
anything that, in the opinion of the Judge is reliable and
relevant, even if it would not otherwise be admissible
evidence in law.

(9) The Attorney-General shall, every six months —
(a) review all orders made under subsection (4) so

as to determine whether the circumstances

ANTI-TERRORISM [CH.107 – 7


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referred to in subsection (1) (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
Court for the revocation of the order in respect
of the listed entity.

(10) Upon an application under paragraph (b) of
subsection (9), the Judge shall, if satisfied as to the matters
referred to in that paragraph, make an order for the
revocation.

5. (1) A person who in or outside The Bahamas
directly or indirectly, unlawfully and willfully —

(a) provides or collects funds; or
(b) provides financial services or makes such

services available to persons,
with the intention that the funds or services are to be used
or with the knowledge that the funds or services are to be
used in full or in part in order to carry out —
(i) an act that constitutes an offence under or

defined in any of the Treaties listed in the
First Schedule; or

(ii) any other act —
a. that has the purpose by its nature or

context, to intimidate the public or to
compel a government or an
international organization to do or to
refrain from doing any act; and

b. that is intended to cause —
(aa) death or serious bodily harm to a

civilian or in a situation of
armed conflict, to any person not
taking an active part in the
hostilities;

(bb) the risk, damage, interference or
disruption of the kind mentioned
in sub-paragraph (B), (C) or (D)
of section 3 (1) as the case may
be,

is guilty of an offence and is liable on conviction on
information to imprisonment for a term of 25 years.

Providing or
collecting funds
for criminal
purposes.





CH.107 – 8] ANTI-TERRORISM





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) For an act to constitute an offence under
subsection (1), it is not necessary to prove that the funds or
the financial services were used to carry out the offence.

(3) A person who —
(a) aids, abets, counsels, procures, incites or solicits

the commission of an offence;
(b) conspires with another or others to commit an

offence,
under subsection (1) is liable on conviction on information
to be punished as a principal offender under that
subsection.

6. Where an offence referred to under section 3 or
5 is committed by a person responsible for the management
or control of an entity located or registered in The
Bahamas or in any other way organized under the laws of
The Bahamas, that entity, in circumstances where the
person committed the offence while acting in that capacity,
is guilty of an offence and is liable on conviction on
information to a fine of $2,000,000 notwithstanding —

(a) any criminal liability that may have been
incurred by an individual that was directly
involved in the commission of the offence; or

(b) any civil or administrative sanction that may
have been imposed by law.

7. (1) Where any person has reasonable grounds to
suspect that funds or financial services are related to or are
to be used to facilitate an offence under this Act, it shall be
the duty of that person to report the matter to the
Commissioner of Police.

(2) Where information is received from any source
in or outside The Bahamas that a person who has
committed or who is alleged to have committed an offence
under this Act may be present in The Bahamas, the
Commissioner of Police shall take such measures as may
be necessary to investigate the facts contained in the
information.

(3) Where on investigation it is found that the
person referred to in subsection (2) is in The Bahamas, the
Commissioner of Police shall make a report to the
Attorney-General who shall take such measures as are
necessary to prosecute the offender as the circumstances
warrant.

Liability of a
legal entity.

Investigation.

ANTI-TERRORISM [CH.107 – 9




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(4) Where any person, referred to in subsection (1)
fails to report as required under that subsection, that person
is guilty of an offence and is liable on conviction on
information to a fine of $250,000 or to imprisonment for a
term of five years.

8. A person against whom measures referred to in
section 7(2) or 7(3) are taken is entitled to —

(a) communicate without delay with the nearest
appropriate representative of —

(i) the State of which that person is a
national;

(ii) the State which is otherwise entitled to
protect that person’s rights; or

(iii) where that person is a stateless person, the
State in which that person ordinarily
resides;

(b) be visited by a representative of the relevant
States referred to in paragraph (a); and

(c) be informed of his rights referred to in
paragraphs (a) and (b).

9. (1) The Court may where it is satisfied on the
application by the Attorney-General that —

(a) a person has been charged or is about to be
charged with an offence under this Act;

(b) a person has been declared a listed entity under
this Act;

(c) a request has been made by the appropriate
authority of another State in accordance with
section 17, in respect of a person —

(i) who has been charged or is about to be
charged with an offence described in this
Act; or

(ii) in respect of whom there is reasonable
suspicion that the person has committed an
offence referred to in sub-paragraph (i),

make an order, in this Part referred to as a “freezing order”,
freezing the funds in the possession of or under the control
of that person.

(2) An application for a freezing order under
subsection (1), may be made ex parte and shall be in
writing and be accompanied by an affidavit stating —

Rights of an
offender.

Freezing of
funds.
24 of 2008.

CH.107 – 10] ANTI-TERRORISM





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) where the person referred to in subsection (1)
has been charged, the offence for which he is
charged;

(b) the person has been declared a listed entity
under this Act;

(c) where the person has not been charged, the
grounds for —

(i) believing that the person committed the
offence; or

(ii) having a reasonable suspicion that the
person committed the offence;

(d) a description of the funds in respect of which the
freezing order is sought;

(e) the name and address of the person who is
believed to be in possession of the funds; and

(f) the grounds for believing that the funds are
related to or are used to facilitate an offence
referred to in subsection (1) and that the funds
are subject to the effective control of the person.

(3) Where the Court makes an order under
subsection (1), the Court shall require that —

(a) the Order be published within such time and
manner as the Court directs;

(b) the applicant, within twenty-one days of the
making of the Order, serve notice of the Order
together with a copy of the Order on any person
whom, in the opinion of the Court, appears to
have an interest in the funds referred to in
subsection (2); and

(c) the person referred to in paragraph (b) or any
other person that appears to have interest in the
funds, be afforded an opportunity to be heard by
the Court within such time as the Court
determines,

unless in respect of paragraph (b) the Court is of the
opinion that giving such notice would result in the
disappearance, dissipation or reduction in the value of the
funds.

(4) The Court may, in making an order under
subsection (1), give directions with regard to —

(a) the duration of the freezing order; or
(b) the disposal of the funds for the purpose of —

24 of 2008.

ANTI-TERRORISM [CH.107 – 11




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(i) determining any dispute relating to the
ownership of or other interest in the funds
or any part thereof;

(ii) its proper administration during the period
of the freezing order;

(iii) the payment of debts incurred in good
faith prior to the making of the order;

(iv) the payment of moneys to the person
referred to in subsection (1) for the
reasonable subsistence of that person and
his family; or

(v) the payment of the costs of the person
referred to in subparagraph (iv) to defend
criminal proceedings against him.

(5) Notwithstanding subsection (4), a freezing order
made under this section shall cease to have effect at the end
of the period of six months after the order was made where
the person against whom the order was made has not been
charged with an offence under this Act within that period.

(6) An order made under subsection (1) may be
renewed for a period not exceeding six months in each
particular case but in no case shall the entire period of the
order exceed eighteen months.

(7) A freezing order granted by the Court under this
section shall not prejudice the rights of any third party
acting in good faith.

(8) Where the Court makes an order for the
administration of frozen funds the person charged with the
administration of the funds is not liable for any loss or
damage to the funds or for the costs of proceedings taken
to establish a claim to the funds or to an interest in the
funds unless the court in which the claim is made is of the
opinion that the person has been guilty of negligence in
respect of the taking of custody and control of the funds.

10. (1) Where a person is convicted of an offence
under section 3 or 5, the Attorney-General may apply to
the Court for a forfeiture order against the funds that are
the subject of the offence.

(2) The court may upon application by the
Attorney-General, forfeit any funds of or in the possession
or under the control of any person who is convicted of an
offence of terrorism or any funds of that person that are the
subject of a freezing order, unless it is proved that the

24 of 2008.

24 of 2008.

24 of 2008.

24 of 2008.

Forfeiture Order.

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funds did not derive from the commission by that person of
an offence under section 3 or 5.

(3) For the purposes of subsection (2) the burden of
proof lies on the person who owns, or is in possession or
control of, the funds.

(4) In determining whether or not any funds are
derived from an offence under section 3 or 5, the standard
of proof required for the purposes of subsection (2) is the
same as in criminal proceedings and for the purposes of
subsection (3) is the same as in civil proceedings.

(5) In making a forfeiture order the Court may give
directions —

(a) for the purposes of determining any dispute as to
the ownership of or other interest in the funds or
any part thereof; and

(b) as to the disposal of the funds.
(6) Upon application to the Court by a person

against whom a forfeiture order has been made under this
section, the Court may order that an amount deemed by the
Court to be the value of the funds so ordered to be
forfeited, be paid by that person to the Court and upon
satisfactory payment of that sum by that person the funds
ordered to be forfeited shall be returned to him.

11. (1) The Government of The Bahamas may,
pursuant to any forfeiture agreement with any State, share
with that State on a reciprocal basis, the funds derived from
forfeiture pursuant to this Act.

(2) Funds referred to under subsection (1) may be
utilized by the Government of The Bahamas to compensate
victims of the offences referred to under this Act.

12. (1) Where a person who has committed or is
alleged to have committed an offence under this Act is
present in The Bahamas and it is not intended to extradite
that person, the Attorney-General shall prosecute the
offender for the offence.

(2) Notwithstanding the provisions of this Act, no
person shall be extradited pursuant to this Act, where the
Government of The Bahamas has substantial grounds for
believing that a request for extradition for an offence under
this Act has been made for the purpose of prosecuting or
punishing a person on account of that person’s race,
religion, nationality, ethnic origin or political opinion or

Sharing of
forfeited funds.

Extradition.

ANTI-TERRORISM [CH.107 – 13




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that compliance with the request would be prejudicial to
that person’s rank or status for any of these reasons.

13. Where a person is alleged to have committed an
offence under this Act, proceedings in respect of that
offence may be commenced in The Bahamas where the
alleged offence —

(a) is committed by a citizen of The Bahamas;
(b) was directed towards or resulted in the carrying

out of an offence under this Act in The Bahamas
or against a citizen of The Bahamas;

(c) was directed towards or resulted in the carrying
out of an offence under this Act against a State
or government facility of The Bahamas outside
The Bahamas;

(d) was directed towards or resulted in the carrying
out of an offence under this Act committed in an
attempt to compel The Bahamas to do or refrain
from doing any act;

(e) was committed by a stateless person who is
ordinarily resident in The Bahamas;

(f) was committed on board an aircraft that —
(i) is operated by the Government of The

Bahamas or a citizen of The Bahamas; or
(ii) is registered in The Bahamas;

(g) was committed on board a vessel that is flying
the flag of The Bahamas or is registered in The
Bahamas; or

(h) threatens the national security of The Bahamas.
14. Where a person is taken into custody as a result

of an investigation undertaken under section 7, the
Attorney-General shall —

(a) notify through the Secretary General of the
United Nations, as the State which established
jurisdiction in respect of an application brought
under section 9 or 10, of the detention of that
person and of the circumstances that warranted
the detention; and

(b) communicate the final outcome of the
proceedings to the Secretary General of the
United Nations for transmission of the
information to the other State.

Jurisdiction.

Notification to
the appropriate
State through
United Nations.

CH.107 – 14] ANTI-TERRORISM





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15. (1) Where a person who is being detained or
who is serving a sentence of imprisonment in the territory
of one State whose presence in another State is requested
for purposes of identification, testimony or otherwise
providing assistance in obtaining evidence for the
investigation or prosecution of the offences for the
purposes of this Act, that person may be transferred if the
following conditions are met —

(a) the person freely gives his informed consent;
and

(b) the competent authorities of both States agree,
subject to such conditions as those States may
deem appropriate.

(2) Unless the State from which a person is to be
transferred pursuant to subsection (1) so agrees, that person
shall not be prosecuted, detained or subjected to any other
restriction of his personal liberty in the territory of the
State to which the person is transferred in respect of any
acts done or convictions received prior to his departure
from the State from which that person was transferred.

(3) Where a person is transferred under subsection
(1) from The Bahamas, the person transferred shall receive
credit for service of the sentence being served in The
Bahamas for the time spent in the custody of the State to
which that person was transferred.

(4) Unless the Attorney-General otherwise directs,
all expenses incurred in respect of any requests made under
this section, must be paid by the State making the request.

16. The Attorney-General is the competent
Authority in The Bahamas for the exchange of information
relating to criminal investigations or extradition
proceedings in respect of an offence under this Act.

17. Section 6 of the Criminal Justice (International
Co-operation) Act applies to the procedure to be adopted in
respect of a request made from another State for assistance
in obtaining a freezing or forfeiture order under this Act
with such modifications as are necessary to give effect to
such requests.

18. (1) The Attorney-General may, subject to
affirmative resolution make Regulations to give effect to
this Act.

(2) The Attorney-General may by Order amend —

Conditions for
transfer of
persons detained.

Attorney-General
to be the
competent
Authority.

Application.
24 of 2008

Ch. 105.

Regulations.

ANTI-TERRORISM [CH.107 – 15




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(a) the Annex to the Convention in accordance with
the terms of Article 23 of the Convention; or

(b) the First Schedule.









FIRST SCHEDULE (Sections 3 & 18)

TREATIES RESPECTING TERRORISM
1. Convention on offences and certain other Acts

committed on Board Aircraft signed at Tokyo 14th September,
1963.

2. Convention for the Suppression of Unlawful Seizure of
Aircraft, done at the Hague on 16th December, 1970.

3. Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, done at Montreal on 23rd
September, 1971.

4. Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons including Diplomatic
Agents, adopted by the General Assembly of the United Nations
on 14th December, 1973.

5. International Convention against the taking of Hostages,
adopted by the General Assembly of the United Nations 17th
December, 1979.

6. Convention on the Physical Protection of Nuclear
Material signed at Vienna on 3rd March, 1980.

7. Protocol for the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, signed at
Montreal on 24th February, 1988.

8. Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation, done at Rome on
10th March, 1988.




S.I. 52/2008.

S.I. 52/2008.

S.I. 52/2008.

S.I. 52/2008.



CH.107 – 16] ANTI-TERRORISM





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9. Protocol for the Suppression of Unlawful Acts against
the Safety of Fixed Platforms located on the Continental Shelf,
done at Rome on 10th March, 1988.

10. Convention on the Marking of Plastic Explosives for
the Purpose of Detection, signed at Montreal on 1st March,
1991.

11. International Convention for the Suppression of
Terrorist Bombings, adopted by the General Assembly of the
United Nations on 15th December, 1997.

12. International Convention for the Suppression of the
Financing of Terrorism adopted by the General Assembly of the
United Nations on 9th December, 1999.

13. Inter-American Convention Against Terrorism
adopted at the Second Plenary Session of the Organization of
American States held June 3, 2002.



S.I. 52/2008.

S.I. 52/2008.

S.I. 52/2008.