Anti-Terrorism

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/12.07.pdf

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LAWS OF TRINIDAD AND TOBAGO

ANTI-TERRORISM ACT
CHAPTER 12:07

Act
26 of 2005
Amended by
2 of 2010
16 of 2011
14 of 2012
15 of 2014

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–12 ..
13–20 ..
21–40 ..
41–44 ..
45–62 ..

L.R.O. UNOFFICIAL VERSION


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Index of Subsidiary Legislation

Page
Financial Obligations (Financing of Terrorism) Regulations (LN 7/2011) 58

Note on Revision
The pages of this Act bearing the notation L.R.O. 1/2015 are hereby authorised to be

included in the Laws as from 5th January 2015 pursuant to an Order made under section 9 of
the Law Revision Act (Chap. 3:03).

UNOFFICIAL VERSION


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CHAPTER 12:07

ANTI-TERRORISM ACT
ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

1. Short title.
2. Interpretation.

PART II
OFFENCES

3. Terrorist act.
4. Provision of services for commission of terrorist acts.
5. Collection or provision of property to commit terrorist acts.
6. Use of property for commission of terrorist acts.
7. Arrangements for retention or control of terrorist property.
8. Dealing with terrorist property.
9. Soliciting or giving support for the commission of terrorist acts.
10. Harbouring of persons committing terrorist acts.
11. Provision of devices.
12. Recruitment of persons for terrorist purposes.
13. Provision of instruction or training to persons committing terrorist acts.
14. Incitement, promotion or solicitation of property for the commission

of terrorist acts.
15. Providing facilities in support of terrorist acts.

PART III
CONVENTION OFFENCES

16. Endangering the safety of maritime navigation.
17. Bombing offences.
18. Protection of internationally protected persons.
19. Offences relating to fixed platforms.
20. Offences with regard to nuclear matter or facilities.

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21. Hoaxes involving noxious substances or things or explosives or
other lethal material.

22. Use of chemical, biological or nuclear weapons.

PART IIIA
FINANCING OF TERRORISM

22A. Offence of financing of terrorism.
22AA. Special provisions for designated entities.
22AB. Certain procedures apply.
22B. Listing of terrorist entities.
22C. Reporting requirements.
22D. Identification of offence of financing of terrorism.
22E. FIU may suspend certain transactions.

PART IV
INVESTIGATION OF OFFENCES

23. Detention Orders.
24. Power to gather information.

24A. Authority for search.
24B. Customer Information Order.
24C. Monitoring Order.

PART V
JURISDICTION AND TRIAL OF OFFENCES

25. Jurisdiction of Trinidad and Tobago Courts.
26. Extradition from Trinidad and Tobago.
27. Evidence by a certificate.

PART VI
INFORMATION SHARING, EXTRADITION AND
MUTUAL ASSISTANCE IN CRIMINAL MATTERS
28. Exchange of information relating to terrorist acts.
29. Treaty to be used as basis for extradition.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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SECTION

30. Treaty to be used as basis for Mutual Assistance in Criminal Matters.
31. Offences under this Act not deemed to be offences of a political character.

PART VII
DISCLOSURE AND SHARING INFORMATION

32. Duty to disclose information relating to offences and terrorist acts.
33. Duty to disclose information relating to property used for

commission of offences under this Act.

PART VIII
SEIZURE AND FORFEITURE OF TERRORIST

PROPERTY
34. Application for restraint Order.
35. Orders for forfeiture of property on conviction for offences under

this Act.
36. Orders for seizure and restraint of property.
37. Orders for forfeiture of property.
38. Sharing of forfeited property.

38A. Seizure and detention of cash.

PART IX
MISCELLANEOUS POWERS

39. Duty to disclose information relating to passengers of aircraft
and vessels.

40. Power to refuse refugee application.
41. Power to make Regulations.
42. Offences and penalties.

SCHEDULE.

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CHAPTER 12:07

ANTI-TERRORISM ACT
An Act to criminalise terrorism and the financing of

terrorism, to provide for the detection, prevention,
prosecution, conviction and punishment of terrorist
activities and the confiscation, forfeiture and seizure of
terrorists’ assets and of those involved in the financing
of terrorism and for related matters.

[13TH SEPTEMBER 2005]
PART I

PRELIMINARY
1. This Act may be cited as the Anti-Terrorism Act.
2. (1) In this Act—

“Convention” means any of the following Conventions:
(a) Convention on Offences and certain Other Acts

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

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

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

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

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

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

26 of 2005.
[2 of 2010].

Commencement.

Short title.

Interpretation.
[2 of 2010
16 of 2011
15 of 2014].

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

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

(i) Protocol for the Suppression of Unlawful Acts
against the Safety of fixed Platforms located on
the continental shelf, done at Rome on 10th
March 1988;

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

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

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

“explosive or other lethal device” means—
(a) a weapon; or
(b) an explosive or incendiary weapon,

that is designed or has the capability to cause death, serious
bodily injury or substantial material damage;

“Financial Action Task Force” means the task force established
by the Group of Seven to develop and provide national and
international policies to combat money laundering and
terrorist financing;

“FIU” means the Financial Intelligence Unit established under
section 3 of the Financial Intelligence Unit of Trinidad and
Tobago Act;

Ch. 72:01.

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“financial institution” has the meaning assigned to it in the
Proceeds of Crime Act;

“Group of Seven” means the meeting of Finance Ministers of
France, Italy, Germany, Japan, United Kingdom, United
States and Canada formed in 1976;

“imprisonment for life” in relation to an offender means
imprisonment for the remainder of the natural life of
the offender;

“international organisation” means an organisation constituted
by States to which its Member States have transferred
competence over matters governed by a Convention of the
United Nations;

“judge” means a judge of the High Court of Trinidad and Tobago;
“legal entity” means a body corporate, foundation, partnership,

association or other similar body that can establish a
permanent customer relationship with a financial institution
or otherwise own property;

“listed business” has the meaning assigned to it in section 2 of
the Proceeds of Crime Act;

“listed entity” means an entity declared to be a listed entity in
accordance with section 22B;

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

“Minister” means the minister to whom responsibility for
national security is assigned;

“money” means—
(a) bankers’ drafts;
(b) coins and notes in any currency;
(c) postal order;
(d) travellers cheques; and
(e) any other kind of monetary instrument specified

by Order by the Minister with responsibility
for finance;

Ch. 11:27.

Ch. 11:27.

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“non-profit organisation” means a legal entity or organisation
that primarily engages in raising or disbursing funds for
purposes such as charitable, religious, cultural, educational,
social or fraternal purposes or for the carrying out of other
types of philanthropic work;

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

“property” or “funds” means assets of any kind, whether tangible
or intangible, moveable 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, letters of credit whether situated in Trinidad
and Tobago or elsewhere, and includes a legal or equitable
interest, whether full or partial, in any such property;

“terrorist” includes a person who—
(a) commits a terrorist act by any means directly or

indirectly, unlawfully and wilfully;
(b) participates as an accomplice in terrorist acts or

the financing of terrorism;
(c) organises or directs others to commit terrorist

acts or the financing of terrorism; or
(d) contributes to the commission of terrorists acts

or the financing of terrorism by a group of
persons acting with a common purpose where
the contribution—
(i) is made intentionally and with the

aim of furthering the terrorist act or
the financing of terrorism; or

(ii) with the knowledge of the intention of the
group of persons to commit the terrorist
act or the financing of terrorism;

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“terrorist act” means—
(a) an act whether committed in or outside of

Trinidad and Tobago which causes or is likely
to cause—
(i) loss of human life or serious bodily harm;
(ii) damage to property; or
(iii) prejudice to national security or

disruption of public safety including
disruption in the provision of emergency
services or to any computer or electronic
system or to the provision of services
directly related to banking, communications,
infrastructure, financial services, public
utilities, transportation or other essential
infrastructure,

and is intended to—
(iv) compel a government or an international

organisation to do or refrain from doing
any act; or

(v) intimidate the public or a section of
the public,

for the purpose of advancing a political,
ideological or a religious cause;

(b) an offence under any of the Conventions; or
(c) an offence under Part II, Part III or section 22A

of this Act;
“terrorist organisation” means a legal entity or group of

terrorists that—
(a) commits a terrorist act by any means, directly or

indirectly, unlawfully and wilfully;
(b) participates as an accomplice in terrorist acts or

the financing of terrorism;
(c) organises or directs others to commit terrorist

acts or the financing of terrorism; or

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(d) contributes to the commission of terrorists acts
or the financing of terrorism by a group of
persons acting with a common purpose where
the contribution is made intentionally and with
the aim of furthering the terrorist act or the
financing of terrorism with the knowledge of
the intention of the group to commit the terrorist
act or the financing of terrorism;

“terrorist property” means—
(a) proceeds from the commission of a terrorist act;
(b) property which has been, is being, or is likely to

be used to commit a terrorist act;
(c) property which has been collected for the

purpose of funding a terrorist act or terrorist
organisation; or

(d) property belonging to a terrorist or terrorist
organisation;

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

“weapon” includes a firearm, explosive, chemical, biological or
nuclear weapon.
(2) An act which—

(a) causes death or serious bodily harm to a
person taking active part in armed conflict in
accordance with the applicable rules of
international law; or

(b) disrupts any service and is committed in
pursuance of a demonstration, protest or
stoppage of work and is not intended to result in
any harm referred to in paragraph (a) of the
definition of “terrorist act”,

shall not be considered a terrorist act.
PART II

OFFENCES
3. (1) Any person who participates in the commission of a

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

Terrorist act.
[2 of 2010].

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(2) When a terrorist act involves the commission of a
crime under some other law, the person committing it shall be
liable to be punished for that crime as well as for the offence
created by subsection (1), and any term of imprisonment
imposed in respect of such crime shall run consecutively to that
imposed under subsection (1).

(3) The penalty specified in this section does not apply
to offences referred to in Part III.

4. A person who, directly or indirectly, provides or makes
available financial or other related services intending that they be
used, in whole or in part, for the purpose of committing or
facilitating the commission of, a terrorist act commits an offence
and shall, on conviction on indictment, be liable to imprisonment
for twenty years.

5. A person who collects, provides, or makes available
property having reasonable grounds to believe that the property
will be used to commit a terrorist act, commits an offence and
shall, on conviction on indictment, be liable to imprisonment
for twenty years.

6. A person who—
(a) uses property, directly or indirectly, in whole or

in part, for the purpose of committing or
facilitating the commission of a terrorist act; or

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

commits an offence and shall, on conviction on indictment, be
liable to imprisonment for twenty years.

7. Any person who knowingly becomes concerned in or
enters into an arrangement which facilitates the acquisition,

Provision of
services for
commission of
terrorist acts.

Collection or
provision of
property to
commit terrorist
acts.

Use of propertyfor commissionof terrorist acts.

Arrangements
for retention or
control of
terrorist
property.

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control or retention of terrorist property by or on behalf of
another person commits an offence and shall, on conviction on
indictment, be liable to imprisonment for twenty years.

8. Any person who knowingly—
(a) acquires or possesses terrorist property;
(b) conceals, converts or disguises terrorist

property;
(c) deals directly or indirectly with any terrorist

property; or
(d) enters into or facilitates directly or indirectly

any transaction in relation to terrorist property,
commits an offence and shall, on conviction on indictment, be
liable to imprisonment for twenty years.

9. (1) Any person who knowingly—
(a) supports; or
(b) solicits support for,

the commission of a terrorist act, commits an offence and shall,
on conviction on indictment, be liable to imprisonment for
twenty years.

(2) For the purposes of subsection (1) “support”
includes but is not limited to—

(a) an offer to provide or the provision of expertise
or a skill;

(b) an offer to provide or the provision of
falsified or forged documents; and

(c) entering or remaining in any country,
for the purpose of committing or facilitating a terrorist act.

10. Any person who conceals or harbours another person or
hinders, interferes with or prevents the apprehension of, any
other person having reason to believe or knowing that that other
person has committed, is planning or is likely to commit a

Dealing with
terrorist
property.

Soliciting or
giving support
for the
commission of
terrorist acts.

Harbouring of
persons
committing
terrorist acts.

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terrorist act, commits an offence and shall, on conviction on
indictment, be liable to imprisonment for twenty years.

11. A person who knowingly offers to provide, or
provides any explosive or other lethal device for the purpose of
committing or facilitating a terrorist act commits an offence
and shall, on conviction on indictment, be liable to imprisonment
for twenty-five years.

12. A person who agrees to recruit or recruits any other
person to participate in the commission of a terrorist act,
commits an offence and shall, on conviction on indictment,
be liable to imprisonment for twenty years.

13. Any person who knowingly agrees to provide instruction
or training or provides instruction or training in—

(a) carrying out a terrorist act;
(b) the making or use of any explosive or other

lethal device; or
(c) the practice of military exercises or movements,

to a person engaging in or preparing to engage in the commission
of a terrorist act, commits an offence and shall, on conviction on
indictment, be liable to imprisonment for twenty-five years.

14. A person who, knowingly incites or promotes the
commission of a terrorist act, or solicits property for the
commission of a terrorist act, commits an offence and shall,
on conviction on indictment, be liable to imprisonment for
twenty-five years.
15. Any person who being the—

(a) agent, charterer, lessee, master, operator or
owner in charge of a vessel permits that vessel
to be used;

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

Provision of
devices.

Recruitment of
persons for
terrorist
purposes.

Provision of
instruction or
training to
persons
committing
terrorist acts.

Incitement,
promotion or
solicitation of
property for the
commission of
terrorist acts.

Providing
facilities in
support of
terrorist acts.

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

(d) lessee, owner or person in charge of any
equipment or facility that may be used for
conferencing, recording of meetings through
the use of technological means permits the
equipment or facility to be used,

to facilitate the commission of an offence under this Act,
commits an offence and shall, on conviction on indictment, be
liable to imprisonment for twenty years.

PART III
CONVENTION OFFENCES

16. A person who, in respect of a ship registered in Trinidad
and Tobago or within the archipelagic or territorial waters of
Trinidad and Tobago unlawfully and intentionally—

(a) seizes or exercises control over the ship by
force or threat thereof or any other form of
intimidation;

(b) performs an act of violence against a person on
board the ship if that act is likely to endanger
the safe navigation of the ship;

(c) destroys the ship or causes damage to such ship
or to its cargo which is likely to endanger the
safe navigation of the ship;

(d) places or causes to be placed on the ship, by any
means whatsoever, a device or substance which
is likely to destroy the ship, or cause damage to
the ship or its cargo which endangers or is likely
to endanger the safe navigation of the ship;

(e) destroys or seriously damages maritime
navigational facilities or seriously interferes
with their operation, if such act is likely to
endanger the safe navigation of the ship; or

Endangering
the safety of
maritime
navigation.

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(f) communicates information, knowing the
information to be false and under circumstances
in which the information may reasonably be
believed, thereby endangering the safe
navigation of the ship,

commits an offence and is liable, on conviction on indictment—
(i) to imprisonment for twenty years;
(ii) if the death of any person results from

any act prohibited by this section, to be
sentenced in accordance with the penalty
prescribed for the offence.

17. (1) A person who unlawfully and 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, a public transport facility, a public
transportation system or an infrastructure facility—

(a) with the intent to cause death or serious bodily
injury; or

(b) with the intent to cause extensive damage to, or
destruction of the place, facility or system,
where the destruction results in or is likely to
result in major economic loss,

commits an offence and is liable, on conviction on indictment, to
imprisonment for life.

(2) This section does not apply to the military forces of
a State—

(a) during an armed conflict; or
(b) in respect of activities undertaken in the

exercise of their official duties.

18. (1) A person who kidnaps an internationally protected
person commits an offence and shall, on conviction on
indictment, be liable to imprisonment for life.

Bombing
offences.

Protection of
internationally
protected
persons.
[2 of 2010].

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(2) A person who commits any other attack upon the
person or liberty of an internationally protected person commits
an offence and shall, on conviction on indictment, be liable—

(a) where the attack causes death, to be
sentenced in accordance with the penalty
prescribed for the offence;

(b) where the attack causes grievous bodily harm,
to imprisonment for twenty years; or

(c) in any other case, to imprisonment for ten years.
(3) A person who intentionally destroys or

damages otherwise than by means of fire or explosive—
(a) official premises, private accommodation or

means of transport, of an internationally
protected person; or

(b) other premises or property in or upon which an
internationally protected person is present, or is
likely to be present,

commits an offence and shall, on conviction on indictment, be
liable to imprisonment for ten years.

(4) A person who intentionally destroys or damages
otherwise than by means of fire or explosive—

(a) official premises, private accommodation or
means of transport, of an internationally
protected person; or

(b) other premises or property in or upon which an
internationally protected person is present, or is
likely to be present,

with intent to endanger the life of that internationally protected
person by that destruction or damage commits an offence and
shall, on conviction on indictment, be liable to imprisonment for
twenty years.

(5) A person who intentionally destroys or damages by
means of fire or explosive—

(a) official premises, private accommodation or
means of transport, of an internationally
protected person; or

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(b) other premises or property in or upon which an
internationally protected person is present, or is
likely to be present,

commits an offence and is liable on conviction on indictment to
imprisonment for fifteen years.

(6) A person who intentionally destroys or damages by
means of fire or explosive—

(a) official premises, private accommodation or
means of transport, of an internationally
protected person; or

(b) other premises or property in or upon which an
internationally protected person is present, or is
likely to be present,

with intent to endanger the life of that internationally protected
person by that destruction or damage commits an offence and is
liable on conviction on indictment to imprisonment for twenty-
five years.

(7) A person who threatens to do anything that would
constitute an offence against subsections (1) to (6) commits an
offence and shall, on conviction on indictment, be liable to
imprisonment for ten years.

(8) A person who—
(a) wilfully and unlawfully, with intent to

intimidate, coerce, threaten or harass, enters or
attempts to enter any building or premises
which is used or occupied for official business
or for diplomatic, consular, or residential
purposes by an internationally protected person
within Trinidad and Tobago; or

(b) refuses to depart from such building or
premises after a request by an employee of a
foreign government or an international
organisation, if such employee is authorised to
make such request,

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commits an offence, and is liable on conviction on indictment to
a fine of one hundred thousand dollars and to imprisonment for
five years.

(9) For the purposes of this section “internationally
protected person” has the meaning assigned to it in the
Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents.

19. (1) A person who unlawfully and intentionally—
(a) seizes or exercises control over a fixed

platform on the continental shelf, or in the
exclusive economic zone or any fixed platform
on the high seas while it is located on the
continental shelf of Trinidad and Tobago, by
force or threat thereof or by any other form of
intimidation;

(b) performs an act of violence against a person on
board such a fixed platform if that act is likely
to endanger the platform’s safety;

(c) destroys such a fixed platform or causes damage
to it which is likely to endanger its safety;

(d) places or causes to be placed on such a fixed
platform, by any means whatsoever, a device or
substance which is likely to destroy that fixed
platform or likely to endanger its safety;

(e) injures or kills any person in connection with the
commission or the attempted commission of any
of the offences referred to in paragraphs (a)
to (d); or

(f) damages or destroys any off-shore installation,
commits an offence.

(2) A person convicted of an offence referred to in
subsection (1) is—

(a) liable, on conviction on indictment, to
imprisonment for twenty years; and

Offences
relating to fixed
platforms.

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(b) in the case where death results from the
commission of the offence, liable on conviction
on indictment to be sentenced to death.

(3) In this section “fixed platform” means an artificial
island, installation or structure attached to the seabed for the
purpose of exploration or exploitation of resources or for other
economic purposes.

20. (1) A person who unlawfully and intentionally—
(a) intends to acquire or possesses nuclear material

or designs or manufactures or possesses a
device, or attempts to manufacture or acquire a
device, with the intent—
(i) to cause death or serious bodily injury; or
(ii) to cause damage to property or the

environment;
(b) uses in any way nuclear material or a device, or

uses or damages a nuclear facility in a manner
which releases or risks the release of nuclear
material with the intent—
(i) to cause death or serious bodily injury;
(ii) to cause damage to property or the

environment; or
(iii) to compel a natural or legal person, an

inter-governmental organisation or a
State to do or refrain from doing an act,

commits an offence.
(2) A person who—

(a) threatens, under circumstances which indicate
the credibility of the threat, to commit an
offence referred to in subsection (1)(b); or

(b) unlawfully and intentionally demands
radioactive material, a device or control of a
nuclear facility by threat, under circumstances
which indicate the credibility of the threat, or by
use of force,

commits an offence.

Offences with
regard to
nuclear matter
or facilities.

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(3) A person convicted of an offence under this section
is liable on conviction on indictment to imprisonment for life.

(4) In this section “device” means a weapon of
mass destruction.

21. (1) A person commits an offence if he—
(a) places any substance or other thing in any

place; or
(b) sends any substance or other thing from one

place to another by any means whatsoever,
with the intention of inducing in a person anywhere in the world
a belief that it is likely to be or contain a noxious substance or
other noxious thing or a lethal device or chemical, biological or
nuclear weapon.

(2) A person commits an offence if he communicates
any information which he knows or believes to be false with
the intention of inducing in a person anywhere in the world a
belief that a noxious substance or other noxious thing or a
lethal device or a weapon of mass destruction is likely to be
present, whether at the time the information is communicated or
later, in any place.

(3) A person who commits an offence under this section
is liable on conviction on indictment to imprisonment for
fifteen years.

(4) For a person to commit an offence under this section
it is not necessary for him to have any particular person in mind
as the person in whom he intends to induce the belief in question.

(5) The Court, in imposing a sentence on a person who
has been convicted of an offence under subsection (1), may order
that person to reimburse any party incurring expenses incident to
any emergency or investigating response to that conduct, for
those expenses.

(6) A person ordered to make reimbursement under
subsection (5) shall be jointly and severally liable for such

Hoaxes
involving
noxious
substances or
things or
explosives or
other lethal
material.
[2 of 2010].

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expenses with each other person, if any, who is ordered to make
reimbursement under subsection (5) for the same expenses.

(7) An order of reimbursement under subsection (5)
shall, for the purposes of enforcement, be treated as a
civil judgment.

(8) For the purposes of this section “substance”
includes any biological agent and any other natural or artificial
substance, whatever its form, origin or method of production.

22. (1) A person who, unlawfully and intentionally uses,
threatens or attempts or conspires to use chemical, biological or
nuclear weapons—

(a) against a citizen of Trinidad and Tobago or a
person ordinarily resident in Trinidad and
Tobago while either such person is outside
Trinidad and Tobago;

(b) against any person within Trinidad and Tobago; or
(c) against any property that is owned, leased or

used by the Government of Trinidad and
Tobago, whether the property is within or
outside of Trinidad and Tobago,

commits an offence and is liable on conviction on indictment to
imprisonment for life.

(2) A citizen of Trinidad and Tobago or person
ordinarily resident within Trinidad and Tobago who, unlawfully
and intentionally, uses chemical, biological or nuclear weapons
outside of Trinidad and Tobago commits an offence and is liable
on conviction on indictment to imprisonment for life.

PART IIIA

FINANCING OF TERRORISM
22A. (1) Any person who by any means, directly or

indirectly, wilfully provides or collects funds, or attempts to do

Use of
chemical,
biological or
nuclear
weapons.

Offence of
financing of
terrorism.
[2 of 2010
15 of 2014].

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so, with the intention or in the knowledge that such funds are to
be used in whole or in part—

(a) in order to carry out a terrorist act;
(b) by a terrorist; or
(c) by a terrorist organisation,

commits the offence of financing of terrorism.
(2) An offence under subsection (1) is committed

irrespective of whether—
(a) the funds are actually used to commit or attempt

to commit a terrorist act;
(b) the funds are linked to a terrorist act; and
(c) the person alleged to have committed the

offence is in the same country or a different
country from the one in which the terrorist or
terrorist organisation is located or the terrorist
act occurred or will occur.

(3) A person who contravenes this section commits an
offence and is liable on conviction on indictment—

(a) in the case of an individual, to imprisonment for
twenty-five years and to a fine of five million
dollars; or

(b) in the case of a legal entity, to a fine of
twenty-five million dollars.

(4) A director or person in charge of a legal entity who
commits an offence under this section is liable on conviction
on indictment to imprisonment for twenty-five years and to a
fine of five million dollars.

22AA. (1) In this section and sections 22AB, 22B and 22C, the
term “designated entities” means individuals or entities and their
associates designated as terrorist entities by the Security Council
of the United Nations.

(2) For the purposes of section 22B, the FIU shall be
responsible for—

(a) maintaining a list of designated entities;

Special
provisions for
designated
entities.
[16 of 2011
14 of 2012].

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(b) maintaining contact with the United Nations at
frequent intervals to ensure that the list of
designated entities remains current;

(c) circulating the list referred to in paragraph (a)
or (b) immediately, to financial institutions and
listed businesses requesting information on
whether these designated entities have funds in
Trinidad and Tobago;

(d) furnishing the Attorney General with
information required to facilitate an application
under section 22B, where a designated entity
has funds in Trinidad and Tobago; and

(e) maintaining a consolidated list of all Orders
issued by the Court under section 22B(3)
and circulating the same by facsimile
transmission or other electronic means to all
financial institutions and listed businesses
immediately at intervals of three months.

(3) Notwithstanding its obligation to circulate the
consolidated list under subsection 2(c), the FIU shall, when new
information has been obtained before the expiration of three
months, circulate any additions to that list or a new list
immediately by facsimile transmission.

22AB. As soon as a financial institution or listed business
receives the list of designated entities or the consolidated list
referred to in section 22AA(2)(c) or (e), the following
procedures shall apply:

(a) the financial institution shall immediately
inform the FIU on the prescribed form, if any
person or entity named on either list has funds
with the financial institution or listed business;

(b) if the financial institution or listed business
has reasonable grounds to believe that a person
or entity named on either list has funds in
Trinidad and Tobago, it shall immediately
inform the FIU on the prescribed form;

Certain
Procedures
apply.
[16 of 2011
14 of 2012].

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(c) (Deleted by Act No. 14 of 2012); and
(d) if a person or entity named on that list

attempts to enter into a transaction or continue
a business relationship, the financial institution
or listed business shall submit a suspicious
activity report to the FIU immediately and
shall not enter into or continue a business
transaction or business relationship with such
person or entity.

22B. (1) The Attorney General shall apply to a judge for an
Order under subsection (3)—

(a) in respect of an entity, where the entity is a
designated entity; or

(b) in respect of an entity or individual where there
are reasonable grounds to believe that the entity
or individual—
(i) has knowingly committed or participated

in the commission of a terrorist act; or
(ii) is knowingly acting on behalf of, at the

direction of, or in association with, an
entity referred to in paragraph (a).

(2) An application under subsection (1) shall be—
(a) ex parte; and
(b) accompanied by an affidavit deposing to the

matters referred to in subsection (1).
(3) Upon an application under subsection (1) the judge

shall, by Order—
(a) declare an individual or a designated or legal

entity to be a listed entity for the purposes of
this Act if the judge is satisfied as to the matters
referred to in subsection (1); and

(b) freeze the funds of the listed entity.

Listing of
terrorist
entities.
[2 of 2010
16 of 2011
14 of 2012].

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(4) An Order made under subsection (3) may make such
provision as the Court thinks fit for living expenses and legal
expenses of the individual or legal entity as the case may be.

(4A) Where an Order is made under subsection (3), the
Court shall serve the Order upon the listed entity the financial
institution or listed business and the FIU immediately in
accordance with the Civil Proceedings Rules, 1998.

(4B) Where an Order is served on a financial institution
or listed business under subsection (4A), action shall
immediately be taken to restrict the availability of the funds,
subject to the Order, in accordance with the terms of the Order.

(5) Where an Order is made under subsection (3),
(7)(d) or (10), the Attorney General shall, within seven days
after the date of the Order, cause to be published in the Gazette
and in two daily newspapers of general circulation in Trinidad
and Tobago—

(a) a copy of the Order; and
(b) in the case of an Order under subsection (3), 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 individual or entity in respect of
which the Order is made may apply to a judge 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;

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(b) provide the applicant with a statement
summarising 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.

(9) The Attorney General shall, every six months—
(a) review all Orders made under subsection (3) so

as to determine whether the circumstances
referred to in subsection (1) continue to exist in
respect of the listed entity; and

(b) if he determines that such circumstances no
longer exist, apply to a judge for the revocation
of the Order in respect of the listed entity.

(10) Upon an application under subsection (9), the judge
shall, if satisfied as to the matters referred to in that
subsection, make an order for the revocation, which Order shall
be published in the Gazette and in two daily newspapers of
general circulation in Trinidad and Tobago.

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22C. (1) Where a financial institution or listed business
knows or has reasonable grounds to suspect that funds within the
financial institution or listed business belong to an individual or
legal entity who—

(a) commits terrorist acts or participates in or
facilitates the commission of terrorist acts or the
financing of terrorism; or

(b) is a designated entity,
the financial institution or listed business shall report the
existence of such funds to the FIU.

(2) Every financial institution or listed business shall—
(a) pay special attention to and report all—

(i) business transactions between
individuals, corporate persons and
financial institutions in or from other
countries which do not comply with, or
who comply insufficiently with the
recommendations of the Financial Action
Task Force; and

(ii) complex, unusual, or large transactions,
whether completed or not, unusual patterns
of transactions and significant but periodic
transactions which have no apparent
economic or visible lawful purpose,

to the FIU;
(b) examine the background and purpose of all

transactions which have no economic or visible
legal purpose under paragraph (a)(i) and make
available to the FIU, written findings after its
examinations, where necessary;

(c) keep and retain records relating to financial
activities in accordance with the Regulations
made under section 41(2);

Reporting
requirements.
[2 of 2010
16 of 2011
15 of 2014].

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(d) develop and implement a written compliance
programme, reasonably designed to ensure
compliance with this Act; and

(e) monitor compliance with the Regulations made
under section 41(2).

(3) Where a financial institution or listed business
knows or has reasonable grounds to suspect that funds are linked
or related to, or to be used for terrorism, terrorist acts or by
terrorist organisations or those who finance terrorism, the
financial institution or listed business shall make a suspicious
transaction, or a suspicious activity report to the FIU in the forms
as set out in the Third Schedule to the Proceeds of Crime Act.

(4) Subject to section 22D, where a financial institution
or listed business makes a suspicious transaction or
suspicious activity report to the FIU under this section, the
Director or staff of the FIU or of such financial institution or
listed business shall not disclose the fact or content of such report
to any person.

(5) Any person who contravenes subsection (4)
commits an offence and is liable on summary conviction to a fine
of five million dollars and to imprisonment for five years.

(6) A report to which subsection (3) refers shall be
made within fourteen days of the date on which the financial
institution or listed business knew or had reasonable grounds to
suspect that the funds were linked or related to, or were to be
used for terrorism, terrorist acts or by terrorist organisations or
those who finance terrorism.

(7) When the report referred to in this section is made in
good faith, the financial institution or listed business and their
employees, staff, directors, owners or other representatives as
authorised by law, are exempt from criminal, civil or administrative
liability, as the case may be, for complying with this section or for
breach of any restriction on disclosure of information imposed by
contract or by any legislative, regulatory or administrative
provision, regardless of the result of the communication.

Ch. 11:27.
Third Schedule.

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22D. (1) Where the FIU receives information from a financial
institution or listed business and it considers that an investigation
may disclose that funds in the possession of any individual or
legal entity are being used, have been used or are intended for use
in the financing of terrorism, it shall forward such information
to the Commissioner of Police for further investigation.

22E. (1) The FIU may instruct a financial institution or listed
business in writing, to suspend the processing of a transaction for
a period not exceeding five working days, pending the
completion of an evaluation and analysis of a suspicious
transaction or suspicious activity report.

(2) Where those instructions are given, a financial
institution, listed business or any other aggrieved person, may
apply to a judge to discharge the instructions of the FIU and shall
serve notice on the FIU, to join in the proceedings, save however,
that the instructions shall remain in force until the judge
determines otherwise.

(3) After the FIU has concluded its evaluation and
analysis of a suspicious transaction or suspicious activity report,
and where the Director of the FIU is of the view that the
circumstances warrant investigation, a report shall be submitted to
the Commissioner of Police for investigation to determine whether
an offence of financing of terrorism has been committed and
whether the funds are located in Trinidad and Tobago or elsewhere.

PART IV

INVESTIGATION OF OFFENCES
23. (1) Subject to subsection (2), a police officer above the

rank of sergeant may, for the purpose of preventing the
commission of an offence under this Act or preventing
interference in the investigation of an offence under this Act,
apply ex parte, to a judge for a detention Order.

(2) A police officer above the rank of sergeant may
make an application under subsection (1) only with the prior
written consent of the Director of Public Prosecutions.

Identification of
offence of
financing of
terrorism.
[2 of 2010].

FIU may
suspend certain
transactions.
[2 of 2010
14 of 2012].

Detention
Orders.
[2 of 2010].

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(3) A judge may make an Order under subsection (1) for
the detention of the person named in the application if he is satisfied
that there are reasonable grounds to believe that the person is—

(a) interfering or is likely to interfere with an
investigation of;

(b) preparing to commit; or
(c) facilitating the commission of,

an offence under this Act.
(4) An Order under subsection (3) shall be for a period

not exceeding forty-eight hours in the first instance and may be
extended for a further period provided that the maximum period
of detention under the Order does not exceed fourteen days.

(5) Every Order shall specify the place at which the
person named in the Order is to be detained and conditions in
respect of access to a medical officer.

(6) An accurate and continuous record shall be kept in
accordance with the Schedule, in respect of any detainee for the
whole period of his detention.

24. (1) Subject to subsection (2), a police officer of the rank
of Inspector or above may, for the purpose of an investigation of
an offence under this Act, apply ex parte to a judge for an Order
for the gathering of information from named persons.

(2) A police officer above the rank of sergeant may
make an application under subsection (1) only with the prior
written consent of the Director of Public Prosecutions.

(3) A judge may make an Order under subsection (1) for
the gathering of information if he is satisfied that the written
consent of the Director of Public Prosecutions was obtained and—

(a) that there are reasonable grounds to believe that
an offence under this Act has been committed
and that—
(i) information concerning the offence; or

Schedule.

Power to gather
information.
[2 of 2010].

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(ii) information that may reveal the
whereabouts of a person suspected by the
police officer above the rank of sergeant of
having committed the offence,

is likely to be obtained as a result of the Order, or
(b) that—

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

(ii) there are reasonable grounds to believe
that a person has direct and material
information that relates to the offence
referred to in subparagraph (i); or

(iii) there are reasonable grounds to believe
that a person has direct and material
information that may reveal the
whereabouts of a person who the police
officer above the rank of sergeant
suspects may commit the offence referred
to in subparagraph (i); and

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

(4) An Order made under subsection (3) may—
(a) include conditions or terms which the judge

considers reasonable;
(b) order the examination on oath of the person

named in the Order;
(c) order the person to attend at a time and place

fixed by the judge, for the purpose of being
examined; and

(d) order the person to bring and produce any
document or thing in his control or possession
for the purpose of the examination.

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(5) An Order made under subsection (3) may be
executed anywhere in Trinidad and Tobago.

(6) The judge who made the Order under
subsection (3), or another judge of the same Court, may vary its
terms and conditions.

(7) A person named in an Order made under subsection (3)
shall answer questions put to the person by the Director of Public
Prosecutions or the Director of Public Prosecution’s
representative, and shall produce to the presiding judge
documents or things that the person was ordered to bring, but
may, subject to the ruling of the judge under subsection (8),
refuse to do so if answering a question or producing a document
or thing would disclose information that is protected by the law
relating to non-disclosure of information or privilege.

(8) The presiding judge shall rule on every
objection or issue relating to a refusal to answer any question
or to produce any document or thing.

(9) A person shall not be excused from answering a
question or producing a document or thing on the ground that the
answer, document or thing may incriminate him or subject him
to any penalty or proceedings.

(10) Notwithstanding subsection (9) any—
(a) answer given;
(b) document or thing produced; or
(c) evidence obtained,

from that person shall not be used or received against him in any
criminal proceedings other than in a prosecution for perjury.

(11) A person may retain and instruct an Attorney-at-law
at any stage of the proceedings under this section and the
Attorney-at-law so retained may attend and represent the person
named in the Order when he is being examined.

(12) The presiding judge, if satisfied that any document
or thing produced during the course of the examination is likely

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to be relevant to the investigation of any offence under this
Act, shall order that the document or thing be given into the
custody of the police officer above the rank of sergeant.

(13) Subject to subsection (8), nothing in this section
requires the disclosure of any information which is protected
by privilege.

24A. (1) A police officer above the rank of sergeant may, for
the purposes of an investigation into the offence of financing of
terrorism apply to a judge for a warrant under this section.

(2) On such application the judge may issue a warrant
authorising a police officer above the rank of sergeant to enter
and search the premises if the judge is satisfied in relation to the
offence of financing of terrorism—

(a) that there are reasonable grounds for suspecting
that an individual or legal entity is linked to the
commission of that offence;

(b) that there are reasonable grounds for suspecting
that there are on the premises material relating
to the commission of that offence; and

(c) that it would be appropriate to make an Order in
relation to the material because—
(i) it is not practicable to communicate with

any person entitled to produce the material;
(ii) it is not practicable to communicate with

any person entitled to grant access to the
material or entitled to grant entry to the
premises on which the material is
situated; or

(iii) the investigation for the purposes of
which the application is made might be
seriously prejudiced unless a police
officer above the rank of sergeant could
secure immediate access to the material.

Authority for
search.
[2 of 2010].

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(3) Where a police officer above the rank of sergeant
has entered the premises in the execution of a warrant issued
under this section, he may seize and retain any material, other
than items subject to legal privilege, which is likely to be of
substantial value, whether by itself or together with other
material, to the investigation for the purposes of which the
warrant was issued.

(4) The person to whom a search warrant is issued shall
furnish a report in writing, within ten days after the
execution of the warrant or the expiry of the warrant, whichever
occurs first, to the judge who issued the warrant—

(a) stating whether or not the warrant was
executed;

(b) if the warrant was executed, setting out a
detailed description of anything seized; or

(c) if the warrant was not executed, setting out
briefly the reasons why the warrant was not
executed.

24B. (1) A judge may on application made by a police officer
above the rank of sergeant and if the conditions set out in
subsection (2) are met, make an Order that a financial institution
or listed business provide to an authorised officer any such
customer information relating to the person or account specified
in the application.

(2) An application under subsection (1) shall state—
(a) that there is an investigation of financing of

terrorism or other offence under this Act and the
Order is sought for purposes of a criminal
investigation of that offence; and

(b) the judge is satisfied that there are reasonable
grounds for believing that the financial
institution or listed business may have
information that is relevant in the investigation.

(3) Customer information is information as to whether a
person holds, or has held an account or accounts at the financial

Customer
Information
Order.
[2 of 2010
15 of 2014].

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institution or listed business (whether solely or jointly), and
information identifying a person who holds an account, and
includes all information as to—

(a) the account number or numbers;
(b) the person’s full name;
(c) his date of birth;
(d) his most recent address and any previous

addresses;
(e) the date or dates on which he began to hold the

account or accounts and, if he has ceased to
hold the account or any of the accounts, the date
or dates on which he did so;

(f) such evidence of his identity as was obtained by
the financial institution;

(g) the full name, date of birth and most recent
address, and any previous addresses, of any
person who holds, or has held, an account at the
financial institution jointly with him;

(h) the account number or numbers of any other
account or accounts held at the financial
institution to which he is a signatory and details
of the person holding the other account or
accounts; and

(i) any other information which the Court specifies
in the customer information Order.

(4) Where the customer is a legal entity, the information
shall include—

(a) a description of any business which it carries on;
(b) the country or territory in which it is

incorporated or otherwise established and any
number allocated to it;

(c) its registered office, and any previous
registered offices;

(d) the full name, date of birth and most recent
address and any previous addresses of any

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person who is a signatory to the account or any
of the accounts; and

(e) any other information which the Court specifies
in the customer information Order.

(5) A financial institution or listed business shall
provide the information to the authorised officer in such manner,
and at or by such time, as is specified in the Order.

(6) An authorised officer for purposes of this section is
the FIU.

(7) No obligation to maintain the confidentiality of
information held by a financial institution or listed business,
whether imposed by a law or contract, can excuse compliance
with an Order made under this section.

(8) Where a financial institution or listed business
subject to an Order under this section, knowingly—

(a) fails to comply with the Order; or
(b) provides false or misleading information in

purported compliance with the Order,
the financial institution or listed business commits an offence
and is liable on conviction on indictment to a fine of one
million dollars.

(9) A financial institution or listed business that has
been served with an Order under this section shall not disclose
the existence or operation of the Order to any person except—

(a) an officer or agent of the institution for the
purpose of complying with the Order; or

(b) an authorised officer referred to in the Order.
(10) Where a financial institution or listed business

contravenes subsection (9), it commits an offence and is liable on
conviction on indictment to a fine of five million dollars.

UNOFFICIAL VERSION


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24C. (1) A police officer above the rank of sergeant may
apply, ex parte to a judge for a monitoring Order directing a
financial institution, listed business or non-profit organisation to
provide certain information.

(2) An application under subsection (1) shall be
supported by an affidavit deposing to matters referred to in
subsection (4).

(3) A monitoring Order shall—
(a) direct a financial institution, listed business or

non-profit organisation to disclose information
it obtained relating to transactions conducted
through an account held by a particular
person with the financial institution, listed
business or non-profit organisation;

(b) not have retrospective effect; and
(c) only apply for a period not exceeding three

months from the date it is made.
(4) A judge shall issue a monitoring Order only if he is

satisfied that there are reasonable grounds for believing that—
(a) the person in respect of whose account the Order

is sought—
(i) has committed or was involved in the

commission, or is about to commit or be
involved in the commission of, an
offence; and

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

(b) the account is relevant to identifying, locating
or quantifying terrorist property.

(5) A monitoring Order shall specify—
(a) the name or names in which the account is

believed to be held; and

Monitoring
Order.
[2 of 2010
15 of 2014].

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(b) the class of information that the financial
institution, listed business or non-profit
organisation is required to give.

(6) Where a financial institution, listed business or non-
profit organisation subject to an Order under this section,
knowingly—

(a) fails to comply with the Order; or
(b) provides false or misleading information in

purported compliance with the Order,
the financial institution, listed business or non-profit
organisation commits an offence and is liable on conviction on
indictment to a fine of one million dollars.

(7) A financial institution, listed business or non-profit
organisation that is or has been subject to a monitoring Order
shall not knowingly disclose the existence or operation of the
Order to any person except—

(a) an officer or agent of the financial institution,
listed business or non-profit organisation, for the
purpose of ensuring compliance with the Order;

(b) a legal adviser for the purpose of obtaining
legal advice or representation in respect of
the Order; or

(c) the authorised officer referred to in the Order.
(8) Where a financial institution, listed business or non-

profit organisation contravenes subsection (7), it commits
an offence and is liable on conviction on indictment to a fine of
five million dollars.

(9) Nothing in this section prevents the disclosure of
information concerning a monitoring Order for the purposes of
or in connection with legal proceedings or in the course of
proceedings before a Court.

(10) Nothing in this section shall be construed as
requiring a legal adviser to disclose to any Court the existence or
operation of a monitoring Order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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40 Chap. 12:07 Anti-Terrorism

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PART V

JURISDICTION AND TRIAL OF OFFENCES
25. (1) The Courts of Trinidad and Tobago shall have

jurisdiction in respect of any offence referred to in this Act if—
(a) the alleged perpetrator of the offence is arrested

in Trinidad and Tobago, or on board a ship
registered in Trinidad and Tobago or an aircraft
registered in Trinidad and Tobago; and

(b) the offence was committed—
(i) in Trinidad and Tobago, or committed

elsewhere, if the act is punishable in
terms of the domestic laws of Trinidad
and Tobago, including this Act or in
terms of the obligations of Trinidad and
Tobago under international law;

(ii) on board a vessel or a ship or fixed
platform registered in Trinidad and
Tobago or an aircraft which is registered
under the laws of Trinidad and Tobago at
the time the offence is committed;

(iii) outside of Trinidad and Tobago, and the
person who has committed the act is,
after the commission of the act, present in
Trinidad and Tobago; or

(c) the evidence reveals any other basis recognised
by law.

(2) An act or omission committed outside Trinidad and
Tobago which would, if committed in Trinidad and Tobago,
constitute an offence under this Act shall be deemed to have been
committed in Trinidad and Tobago if the person committing the
act or omission is present in Trinidad and Tobago and cannot be
extradited to a foreign State having jurisdiction over the offence
constituted by such act or omission.

Jurisdiction of
Trinidad and
Tobago Courts.

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(3) Where the Attorney General receives information
that there may be present in Trinidad and Tobago a person who
is alleged to have committed an offence under this Act, the
Attorney General shall—

(a) cause an investigation to be carried out in
respect of that allegation;

(b) inform any other foreign State which might
also have jurisdiction over the alleged
offence promptly of the findings of the
investigation; and

(c) indicate promptly to other foreign States which
might also have jurisdiction over the alleged
offence whether to the best of his knowledge,
information and belief a prosecution is intended
by the Director of Public Prosecutions.

(4) In furtherance of subsection (3), in deciding whether
to prosecute, the Director of Public Prosecutions shall take into
account the adequacy of evidence against the accused.

(4A) The Attorney General and the Director of Public
Prosecutions shall consult in relation to the exercise of powers
under subsection (4) in respect of—

(a) considerations of international law, practice
and comity;

(b) international relations; and
(c) any prosecution that is being or might be taken

by a foreign State.
(5) If a person has been taken into custody to ensure the

person’s presence for the purpose of prosecution or surrender to
a foreign State in terms of this section, the Director of Public
Prosecutions shall, immediately after the person is taken into
custody, notify the Attorney General.

(6) The Attorney General shall inform any foreign State
which might have jurisdiction over the offence concerned, and
any other State that he considers it advisable to inform or notify

UNOFFICIAL VERSION


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either directly or through the Secretary-General of the United
Nations, of—

(a) the fact that the person is in custody; and
(b) the circumstances that justify the person’s

detention.
(7) When the Director of Public Prosecutions declines

to prosecute, and another foreign State has jurisdiction over
the offence concerned, he shall inform such foreign State,
accordingly with the view to the surrender of such person to such
foreign State for prosecution by that State.

26. The proceedings referred to in the Extradition
(Commonwealth and Foreign Territories) Act, (hereinafter
referred to as the “Extradition Act”) shall apply with the
necessary changes in respect of any surrender referred to in
section 25.

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

PART VI
INFORMATION SHARING, EXTRADITION AND
MUTUAL ASSISTANCE IN CRIMINAL MATTERS
28. The Minister may, after consultation with the Attorney

General, on a request made by the appropriate authority of a
foreign State, disclose to that authority, any information in his
possession or, with the necessary permission, in the possession

Extradition
from Trinidad
and Tobago.
Ch. 12:04.

Evidence by a
certificate.

Exchange of
information
relating to
terrorist acts.

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of any other government, department or agency, relating to any
of the following:

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

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

(c) traffic in explosives or other lethal devices or
sensitive materials by persons suspected of
involvement in the commission of terrorist acts; or

(d) the use of communication technologies by
persons suspected of involvement in the
commission of terrorist acts,

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

29. (1) Where Trinidad and Tobago becomes a party to a
treaty and there is in force, an extradition arrangement between
the Government of Trinidad and Tobago and another State which
is a party to that treaty, the extradition arrangement shall be
deemed, for the purpose of the Extradition Act, to include
provision for extradition in respect of offences falling within the
scope of that treaty.

(2) Where Trinidad and Tobago becomes a party to a
treaty and there is no extradition arrangement between the
Government of Trinidad and Tobago and another State which is
a party to that treaty, the Attorney General may, by Order, subject
to a negative resolution of Parliament treat the treaty, for the
purposes of the Extradition Act, as an extradition arrangement
between the Government of Trinidad and Tobago and that State
providing for extradition, in respect of offences falling within the
scope of that treaty.

30. (1) Where Trinidad and Tobago becomes a party to a
treaty and there is in force, an arrangement between the
Government of Trinidad and Tobago and another State which is
a party to that treaty, for mutual assistance in criminal matters,

Treaty to be
used as basis
for extradition.

Ch. 12:04.

Treaty to be
used as basis
for Mutual
Assistance in
Criminal
Matters.
Ch.11:24.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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the arrangement shall be deemed, for the purposes of the Mutual
Assistance in Criminal Matters Act, to include provision for
mutual assistance in criminal matters in respect of offences
falling within the scope of that treaty.

(2) Where Trinidad and Tobago becomes a party to a
treaty and there is no arrangement between the Government of
Trinidad and Tobago and another State which is a party to that
treaty for mutual assistance in criminal matters, the Attorney
General may, by Order subject to a negative resolution of
Parliament, treat the treaty as an arrangement between the
Government of Trinidad and Tobago and that State providing for
mutual assistance in criminal matters in respect of offences
falling within the scope of that treaty.

31. Notwithstanding anything in the Extradition Act or the
Mutual Assistance in Criminal Matters Act, an offence under this
Act or an offence under any other Act where the act or omission
constituting the offence also constitutes a terrorist act, shall, for
the purposes of extradition or of mutual assistance, be deemed
not to be an offence of a political character or an offence
connected with a political offence or an offence inspired by
political motives.

PART VII

DISCLOSURE AND SHARING INFORMATION
32. (1) Every person or regulatory authority who has any

information which will assist in—
(a) preventing the commission by another person,

of a terrorist act; or
(b) securing the arrest or prosecution of another

person for an offence under this Act, or an
offence under any other law and which also
constitutes a terrorist act,

shall forthwith disclose the information to a police officer above
the rank of sergeant or the Central Authority as defined under the
Mutual Assistance in Criminal Matters Act.

Offences under
this Act not
deemed to be
offences of a
political
character.
Ch. 12:04.
Ch. 11:24.

Duty to
disclose
information
relating to
offences and
terrorist acts.
[2 of 2010].

Ch. 11:24.

UNOFFICIAL VERSION


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(2) Notwithstanding subsection (1) a person referred to
in subsection (1), shall not be required to disclose any
information which is protected by privilege.

(3) Civil or criminal proceedings shall not lie against
any person for disclosing any information in good faith pursuant
to subsection (1).

(4) Any person who fails to comply with subsection (1)
commits an offence and is liable on conviction on indictment to
a fine of ten thousand dollars and to imprisonment for two years.

(5) For the purposes of this section, “regulatory
authority” means the Central Bank, the Securities Exchange
Commission, the Financial Intelligence Unit, the Trinidad and
Tobago Stock Exchange, the Inspector of Financial Institutions
and the Commissioner of Co-operatives.

33. (1) Every person shall forthwith disclose to the FIU—
(a) the existence of any property in his possession

or control, which to his knowledge is terrorist
property, or which there are reasonable grounds
to believe is terrorist property;

(b) any information regarding a transaction or
proposed transaction in respect of terrorist
property; or

(c) any information regarding a transaction or
proposed transaction which there are reasonable
grounds to believe may involve terrorist property.

(2) The FIU shall disclose to the appropriate
authority, any information in his possession relating to any
terrorist property if such information is requested or if the
Minister is of the view that the information would be relevant
to a foreign State.

(3) Every financial institution shall report, every three
months, to the FIU—

(a) if it is not in possession or control of terrorist
property, that it is not in possession or control of
such property; or

Duty to
disclose
information
relating to
property used
for commission
of offences
under this Act.
[2 of 2010
16 of 2011].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

46 Chap. 12:07 Anti-Terrorism

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

(4) (Deleted by Act No. 16 of 2011).
(5) No civil or criminal proceedings shall lie against

any person for making a disclosure or report, in good faith, under
subsection (1), (2) or (3).

(6) Every person who fails to comply with subsection (1)
or (3) commits an offence and shall, on conviction on indictment,
be liable to imprisonment for five years.

PART VIII

SEIZURE AND FORFEITURE OF TERRORIST PROPERTY
34. (1) Where a customs officer, immigration officer, or

police officer above the rank of sergeant reasonably believes that
property in the possession of a person is terrorist property, he may
apply to a judge for a restraint Order in respect of that property.

(1A) Where information is forwarded to the
Commissioner of Police pursuant to section 22D, and he has
reasonable grounds to believe that funds should be restrained, the
Commissioner of Police may apply to the Court for an Order to
restrain such funds.

(2) This section applies to property that is being—
(a) brought to any place in Trinidad and Tobago for

the purpose of being exported from;
(b) exported from; or
(c) imported into,

Trinidad and Tobago.
(3) Subject to subsection (4), a restraint Order made

under subsections (1) and (1A), shall be valid for a period of sixty

Application for
restraint Order.
[2 of 2010
14 of 2012
15 of 2014].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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days, and may, on application, be renewed by a judge, for a further
period of sixty days or until such time as the property referred to
in the Order is produced in Court in proceedings for an offence
under this Act in respect of that property whichever is the sooner.

(3A) A restraint Order made under subsections (1) and
(1A) may make such provision as the Court thinks fit for living
expenses and legal expenses of an individual or legal entity, as
the case may be.

(4) A judge may release any property referred to in a
restraint Order made under subsections (1) and (1A) if—

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

(b) no proceedings are instituted in the High Court
for an offence under this Act in respect of that
property within one hundred and twenty days of
the date of the restraint Order.

(5) No civil or criminal proceedings shall lie against an
officer for a seizure of property, made in good faith, under
subsections (1) and (1A).

(6) An appeal from a decision of the judge made under
this section shall lie to the Court of Appeal.

35. (1) Where a person is convicted of an offence under
this Act, or an offence under any other Act where the act or
omission also constitutes a terrorist act, the Court may order that
any property—

(a) used for, or in connection with; or
(b) obtained as proceeds from,

the commission of that offence, be forfeited to the State.
(2) Before making a forfeiture Order the judge shall

give an opportunity to be heard to any person who—
(a) appears to the Court to have an interest in; or
(b) claims to be the owner of,

the property.

Orders for
forfeiture of
property on
conviction for
offences under
this Act.
[2 of 2010].

UNOFFICIAL VERSION


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48 Chap. 12:07 Anti-Terrorism

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

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

(b) if an appeal has been made against the Order, on
the final determination of the matter, where the
decision is made in favour of the State.

36. (1) Where on an ex parte application is made by the
Director of Public Prosecutions to a judge, the judge is satisfied that
there are reasonable grounds to believe that there is in any building,
place or vessel, any property in respect of which an Order of
forfeiture may be made under section 37, the judge may issue—

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

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

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

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

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

(3) The power to manage or otherwise deal with
property under subsection (2) includes in the case of perishable

Orders for
seizure and
restraint of
property.
[2 of 2010].

UNOFFICIAL VERSION


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or rapidly depreciating property, the power to sell that property;
and in the case of property that has little or no value, the power
to destroy that property.

(4) Before a person appointed under subsection (2)
destroys any property referred to in subsection 3, he shall apply
to a judge for a destruction Order.

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

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

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

(8) The Director of Public Prosecutions may at any time
apply to a judge to cancel or vary a warrant or Order issued under
this section.

37. (1) The Attorney General may make an application to a
judge for an Order of forfeiture in respect of terrorist property.

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

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

(4) Where a judge is satisfied, on a balance of
probabilities, that the property which is the subject of the

Orders for
forfeiture of
property.
[2 of 2010].

UNOFFICIAL VERSION


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application is terrorist property, the judge shall Order that the
property be forfeited to the State to be disposed of as directed by
the judge.

(5) Where a judge refuses an application under
subsection (1), the judge shall make an Order that describes the
property and declare that it is not terrorist property.

(6) On an application under subsection (1), a judge may
require notice to be given to any person not named as a
respondent who in the opinion of the judge, appears to have an
interest in the property, and any such person shall be entitled to
be added as a respondent to the application.

(7) Where a judge is satisfied that a person—
(a) has an interest in the property which is the

subject of the application; and
(b) has exercised reasonable care to ensure that the

property is not the proceeds of a terrorist act,
and would not be used to commit or facilitate
the commission of a terrorist act,

the judge shall order that the interest shall not be affected by the
Order made under subsection (4) and the Order shall also declare
the nature and extent of the interest in question.

(8) A person who claims an interest in property that has
been forfeited and who has not been named as a respondent or
been given notice under subsection (6) may make an application
to the High Court to vary or set aside an Order made under
subsection (4), not later than sixty days after the day on which
the forfeiture Order was made.

(9) Pending the determination of an appeal against an
Order of forfeiture made under this section, property restrained
under section 37 shall continue to be restrained, property seized
under a warrant issued under that section shall continue to be
detained, and any person appointed to manage, control or
otherwise deal with the property under that section shall continue
in that capacity.

UNOFFICIAL VERSION


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

38. (1) Trinidad and Tobago may, pursuant to any
agreement with any other State, share with that State on a
reciprocal basis the property derived from forfeiture pursuant to
this Act.

(2) Property referred to under subsection (1), may be
utilised to compensate victims of the offences referred to under
this Act.

38A. (1) Any customs officer or police officer above the rank
of sergeant may seize and detain part of or the whole amount of
any cash where there are reasonable grounds for suspecting that
it is—

(a) intended for use in the commission of an
offence under this Act; or

(b) is terrorist property.
(2) Cash detained under subsection (1) shall not be

detained for more than ninety-six hours after seizure, unless a
judge orders its continued detention for a period not exceeding
three months from the date of the initial seizure and the detained
cash shall be paid into Court.

(3) A judge may order a detention under subsection (1)
upon being satisfied that the continued detention of the cash is
justified while—

(a) its origin or derivation is further investigated; or
(b) consideration is given to the institution in

Trinidad and Tobago or elsewhere of criminal
proceedings against any person for an offence
with which the seized item is connected.

(4) A judge may subsequently order continued
detention of the cash if satisfied of the matters set forth in
subsections (2) and (3), but the total period of detention shall not
exceed two years from the date of the Order made under those
subsections.

Sharing of
forfeited
property.

Seizure and
detention of
cash.
[2 of 2010].

UNOFFICIAL VERSION


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(5) Subject to subsection (6), cash detained under this
section may be released in whole or in part to the person on
whose behalf it was transported by Order of a judge, that its
continued detention is no longer justified upon application by or
on behalf of that person and after considering any views of a
police officer above the rank of sergeant.

(6) Cash detained under this section shall not be
released where an application for restraint or forfeiture of the
cash is pending under this Act or if proceedings have been
instituted in Trinidad and Tobago or elsewhere against any
person for an offence with which the cash is connected, unless
and until the proceedings on the application or the
proceedings related to an offence have been concluded.

(7) Where the application relates to cash that is
commingled with other cash, the commingled cash is subject to
continued detention under this subsection.

(8) Upon an application by a police officer above the
rank of sergeant, a judge shall order forfeiture of any cash
which has been seized and detained under this section if
satisfied on the balance of probabilities that the cash directly
or indirectly represents—

(a) terrorist property; or
(b) proceeds of an offence or intended for use in the

commission of an offence.
(9) Before making an Order of forfeiture under

subsection (8), the Court shall order that notice be provided to
any person who has asserted an interest in the cash and provide
an opportunity for that person to be heard.

(10) In this section—
(a) “cash” includes coins, notes and other bearer

negotiable instruments in any currency;
(b) “bearer negotiable instrument” includes

monetary instruments in bearer form such as

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travellers cheques, negotiable instruments
including cheques, promissory notes and
money orders that are either in bearer form,
endorsed without restriction made out to a
fictitious payee, or otherwise in such form that
title thereto passes upon delivery; incomplete
instruments including cheques, promissory
notes and money orders signed, but with the
payee’s name omitted.

PART IX

MISCELLANEOUS POWERS
39. (1) The operator of an aircraft or master of a vessel—

(a) departing from Trinidad and Tobago; or
(b) registered in Trinidad and Tobago departing

from any place outside Trinidad and Tobago,
shall, in accordance with Regulations made under this section
provide to the—

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

(ii) competent authority of a foreign State
any information in his possession relating
to persons on board or expected to be on
board the aircraft or vessel in accordance
with the law of that foreign State.

(2) Any information provided to the Chief Immigration
Officer shall not be used or disclosed by him except for the
purpose of protecting national security or public safety.

(3) The Minister may, subject to Regulations made
under subsection (4), provide to the competent authority in a
foreign State any information in his possession relating to
persons entering or leaving Trinidad and Tobago, by land, and
that is required by the laws of that foreign State.

Duty to
disclose
information
relating to
passengers of
aircraft and
vessels.

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

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

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

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

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

41. (1) The Minister may make Regulations in respect of all
matters for which Regulations are required or authorised to be
made by this Act.

(2) The Minister to whom responsibility for the FIU is
assigned may make Regulations, subject to negative resolution
of the Parliament prescribing—

(a) the type of records to be kept by a financial
institution or listed business and the type of
information to be included in these records;

(b) the procedure to be followed in implementing
section 22C(2)(d);

(c) the periods for which and the methods by which
the records referred to in paragraph (a) may
be retained;

(d) the measures which a financial institution or
listed business shall implement to—
(i) ascertain the identity of persons with

whom they are dealing; and

Power to refuse
refugee
application.

Power to make
Regulations.
[16 of 2011].

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(ii) treat with circumstances in which
sufficient identification data is not made
available by an applicant or business;

(e) the measures that may be taken by a
Supervisory Authority to secure compliance
with this Act or to prevent the commission of an
unsafe or unsound practice, including—
(i) administrative sanctions; and
(ii) disciplinary actions when possible;

(f) the manner and time frame in which due
diligence may be undertaken in respect of
existing customers and business relationships
established prior to the coming into force of the
Proceeds of Crime Act, by a financial institution
or listed business; and

(g) generally, for the purpose of giving effect to
Part IIIA of this Act.

(3) Regulations made under subsection (1) shall be
subject to negative resolution of Parliament.

42. (1) Subject to subsection (2), a financial institution or
listed business which fails to comply with—

(a) section 22AB or 22C(1), (2) or (3) commits an
offence and is liable on summary conviction to
a fine of five hundred thousand dollars and to
imprisonment for two years and on conviction
on indictment, to a fine of three million dollars
and to imprisonment for seven years; or

(b) Regulations made under section 41(2) is liable
on summary conviction to a fine of five hundred
thousand dollars and to imprisonment for
two years.

(2) Where a company commits an offence under
sections 22AB and 22C(1), (2) and (3), any officer, director or
agent of the company—

(a) who directed, authorised, assented to, or
acquiesced in the commission of the offence; or

Ch. 11:27.

Offences and
penalties.
[16 of 2011
14 of 2012
15 of 2014].

UNOFFICIAL VERSION


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SCHEDULE
CUSTODY RECORD FOR DETAINED PERSON

1. Entries shall be made in respect of all matters relevant to the detention
of the arrested person and shall be referred to as the Custody Record.
In particular, the entries shall be made in respect of the following:

(a) an accurate record of the time and place of—
(i) the arrest;
(ii) the issue of the direction; and
(iii) each interview, including any interview immediately

following the arrest of the person detained;
(b) the place or places where the interview takes place;
(c) the time at which the interview begins and the time at which

it ends;
(d) any break during the interview;
(e) the names of persons present at the interviews;
(f) the time and reason for any transfer of the detained person

from one place of custody to another as well as the time at
which the detention ends;

(g) any property secured from the person on his arrest or during
his detention;

(h) the name and rank of the police officer above the rank of
sergeant upon whose authority any action in relation to the
detained person is taken; and

(i) the ground or grounds, on which the detention is based.

2. The Custody Record shall be opened as soon as practicable after the
start of a person’s detention.

3. The person making an entry in the Custody Record shall insert the
time at which the entry is made and his signature against the entry made.

(b) to whom any omission is attributable,
is a party to the offence and is liable on summary conviction or
on conviction on indictment, to the penalty prescribed in
subsection (1)(a).

Section 23.
[2 of 2010].

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4. The Custody Record or copy of the Record shall accompany a
detained person to any other place where he is transferred.

5. A copy of the Custody Record shall be supplied to the person
detained or his legal representative as soon as is practicable after he or the
representative makes a request upon his release from detention or his being
taken to Court.

6. The person detained shall be allowed to check and shall be made to
insert his signature in respect of any entry in the Custody Record.

7. An entry shall be made in respect of any refusal of the person
detained to insert his signature where such signature is required.

8. Entries in the Custody Record shall be made as soon as practicable
after the occurrence of the events to which they relate.

9. A police officer of the rank of Inspector or above shall be responsible
for ensuring the accuracy and completeness of the Custody Record and that
the Custody Record or a copy of the Record accompanies the detained person
on his transfer.

10. Entries in a computerised Custody Record shall be timed and shall
contain evidence of the computer operator’s identity.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUBSIDIARY LEGISLATION

FINANCIAL OBLIGATIONS (FINANCING OF
TERRORISM) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Interpretation.
3. Application of the Financial Obligations Regulations, 2010.
4. Training of staff.
5. Customer due diligence in the financing of terrorism.
6. Report of suspicious transactions and suspicious activities.
7. Technological developments.
8. Offences and penalties.
9. Offences by Companies and other bodies.
10. Prosecutions.

58 Chap. 12:07 Anti-Terrorism

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[Subsidiary]

FINANCIAL OBLIGATIONS (FINANCING OF
TERRORISM) REGULATIONS

made under section 41

1. These Regulations may be cited as the Financial
Obligations (Financing of Terrorism) Regulations.

2. In these Regulations—
“financial institution” has the meaning assigned to it in the

Proceeds of Crime Act;
“FIU” means the Financial Intelligence Unit of Trinidad and Tobago,

established under section 3 of the Financial Intelligence Unit
of Trinidad and Tobago Act;

“listed business” has the meaning assigned to it in the Act;
“Supervisory Authority” has the meaning assigned to it in the

Financial Obligations Regulations;
“terrorist organisation” has the meaning assigned to it in

the Act; and
“the Act” means the Anti-Terrorism Act.

3. (1) Subject to subregulation (2), the obligations,
prohibitions and offences contained in the Financial Obligations
Regulations, (hereinafter referred to as “the Regulations”) shall
apply mutatis mutandis to a financial institution or a listed
business, in relation to the financing of terrorism.

(2) Every financial institution or listed business to
which the Regulations apply, shall also comply with any
additional or specific provisions contained in these Regulations.

4. (1) A financial institution or listed business shall, in
addition to its training obligations under Regulations, make
arrangements for the training of its directors and members of
staff on the subject of the financing of terrorism.

7/2011.

Citation.

Interpretation.

Ch. 11:27.

Ch. 72:01.

Ch. 12:07.

Sub. Leg.
7/2010.

Application of
the Financial
Obligations
Regulations.
7/2010.

Training of
staff.

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[Subsidiary] Financial Obligations (Financing of Terrorism) Regulations

(2) A programme of training for the purposes of this
regulation, shall include a study of—

(a) procedures and controls for the prevention of
the misuse of technological developments in
terrorist financing schemes;

(b) new developments in methods and trends in
terrorist financing; and

(c) the appropriate internal controls and
communication for the purpose of forestalling
terrorist financing.

(3) The training required by subregulation (1), shall be
given—

(a) in such a manner that employees at different
levels of the financial institution or listed
business, would develop the ability to identify
funds which may be linked or related to or may
be used for terrorist acts, by any known legal
entity or terrorist organisations; and

(b) continuously, in order to ensure that
information and technology available to the
directors and staff are constantly being updated.

5. (1) The policies and procedures for customer due
diligence established under Part III of the Regulations, shall be
applied by every financial institution or listed business, where it
is known or there are reasonable grounds to suspect that funds
for a transaction are linked or related to or to be used in whole or
in part for the financing of terrorism.

(2) A financial institution or listed business shall adopt
a risk based approach in determining the standard of due
diligence to be applied to a customer or to a person conducting a
one-off transaction.

6. (1) In addition to the responsibilities given to the
internal and external auditors or other competent professionals
under regulation 10 of the Regulations, they shall report to the

Customer due
diligence in the
financing of
terrorism.
Sub. Leg.
7/2010.

Report of
suspicious
transactions and
suspicious activities

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Financial Obligations (Financing of Terrorism) Regulations [Subsidiary]

Compliance Officer any suspicion or knowledge that a
transaction is linked or related to the financing of terrorism.

(2) On receipt of such a report, the Compliance Officer
shall consider the same, with a view to determining whether he
should submit a suspicious activity or suspicious transaction
report to the FIU.

(3) Where the Compliance Officer determines that the
report referred to in subsection (2) should be submitted, he shall
do so immediately, but in any case, within the statutory time
frame for so doing.

7. (1) A financial institution or listed business shall pay
special attention to the use of new and developing technology in
terrorist financing offences and any patterns of terrorist financing
arising from any technology that may favour anonymity.

(2) A financial institution or listed business shall take
appropriate measures to deal with such patterns referred to in
subsection (1).

8. A financial institution or listed business which does not
comply with these Regulations commits an offence and is liable
on summary conviction or on conviction on indictment, to the
penalty prescribed in the Act.

9. (1) Where a company commits an offence under these
Regulations, any officer, director or agent of the company—

(a) who directed, authorised, assented to, or
acquiesced in the commission of the offence; or

(b) to whom any omission is attributable,
is a party to the offence and is liable on summary conviction or
on conviction on indictment, to the penalty prescribed in the Act.

(2) Where a partnership commits an offence under
these Regulations and it is proved that the acts or omissions
of the partner constitute an offence in accordance with

Technological
developments.

Offences and
penalties.

Offences by
Companies and
other bodies.

UNOFFICIAL VERSION


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[Subsidiary] Financial Obligations (Financing of Terrorism) Regulations

paragraph (a) or (b) of subregulation (1), the partner and the
partnership are liable on summary conviction or on conviction
on indictment, to the penalty prescribed in the Act.

(3) Where an unincorporated association, other than a
partnership, commits an offence and it is proved that the acts or
omissions of the officer or member of the governing body,
constitute an offence in accordance with paragraph (a) or (b) of
subregulation (1), that officer or member as well as the
unincorporated body, commits an offence and is liable on
summary conviction or on conviction on indictment, to the
penalty prescribed in the Act.

(4) If the affairs of a body corporate are managed by its
members, subregulation (1) applies in relation to the acts and
omissions of a member in connection with his functions of
management, as if he were a director of the body.

(5) In this regulation—
“partner” includes a person purporting to act as a partner; and
“officer”, in relation to a body corporate, means a director,

manager, secretary, Chief Executive Officer, member of the
committee of management or a person acting in such a
capacity.

10. Proceedings for an offence under these Regulations
may not be instituted without the approval of the Director of
Public Prosecutions.

Prosecutions.

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