in this Act referred to as the principal Act, is amended in section (a) by inserting immediately after the definition of "explosive or other lethal device" the following definition-
""funds" includes assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in such assets, including, but not limited to, bank credits, travelers cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit;";
(b)
by inserting immediately after the definition of "security officer" the following definition- ""services" includes financial services, or the provision of lodging, training, expert advice or assistance, safe- houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (one or more individuals who may be or include oneself), and transportation;".
Section
7
of the principal Act is amended- (a) by substituting for subsection (1), the following- "(1) Subject to this Act, a person who engages in or carries out any act of terrorism commits an offence and is, on conviction- (a) liable to suffer death, if the offence directly results in the death of any person; and (b) in any other case, liable to imprisonment for life."; (b) in subsection (2)- (i) by inserting immediately after "Government" the following-
"or an international organization";
(ii)
by substituting for paragraph (b), the following- "(b) direct involvement or complicity in the murder, kidnapping, abducting, maiming or attack, whether actual, attempted or threatened, on the person, official premises, private accommodation, or means of transport or diplomatic agents or other internationally protected persons;"; (iii) by substituting for paragraph (d), the following- "(d) intentional and unlawful provision or collection of funds or services, or providing or receiving training, whether attempted or actual, with the intention or knowledge that any part of the funds or services or training may be used to carry out any of the terrorist activities under this Act;"; (iv) in paragraph (g), by deleting the entire paragraph; (v) in paragraph (h), by inserting immediately after "bomb" the following- "and generally providing weapons to terrorist organisations;"; and (vi) by inserting immediately after paragraph (j) the following new paragraphs- "(k) any act of violence aimed at causing the death of a civilian not engaged in armed conflict;
(l)
endangering the life of a person, other than the person committing the act of terrorism;
(m)
creating a serious risk to the health or safety of the public or a section of the public;
(n)
causing serious damage to property;
(o)
releasing any dangerous, hazardous, toxic or radioactive substance or microbial or other biological agents or toxins into the environment;
(p)
interfering with an electronic system resulting in the disruption of the provision of communication, financial, transport or other essential or emergency services;
(q)
any act prejudicial to national security or public safety;
(r)
possessing property for commission of acts of terrorism; (s) arranging for the retention or control of property belonging to a terrorist;
(t)
knowingly dealing in property owned or controlled by terrorist organisations;
(u)
soliciting or giving support to terrorist organisations;
(v)
committing an act of terrorism in a foreign state;
(w)
promoting any offence under this Act;
(x)
unlawful possession of materials for promoting terrorism such as audio or video tapes, written literature or electronic literature;
(y)
any act that constitutes a crime in accordance with agreements, protocols and treaties described in the annex to the International Convention For the Suppression of the Financing of Terrorism, 1999."
"9A. Terrorism financing. (1) A person who willingly collects or provides funds, directly or indirectly, by any means, with the intention that such funds will be used, or in the knowledge that such funds are to be used, in full or in part, by a person or a terrorist organisation, to carry out a terrorist act, commits an offence.
(2)
A person commits an offence under this section regardless of whether the funds are actually used to commit an offence or not, and regardless of whether the funds are linked to a specific act of terrorism or not.
(3)
A person who attempts to participate or participates, by inciting, aiding, organizing or directing others to commit, or conspiring to commit an offence under this section, commits an offence.
(4)
A person who commits an offence under this section is, on conviction, liable to imprisonment for twenty years or to a fine not exceeding five hundred currency points, or both."
"17A. Freezing or seizure of funds and property. (1) The Financial Intelligence Authority may, cause the freezing or seizing of funds or property where it is satisfied that the funds are or the property is intended for terrorism activities.
(2)
Where the Financial Intelligence Authority causes the freezing or seizing of funds or property under Sub section (1), the Financial Intelligence Authority shall, immediately inform the Director of Public Prosecutions in any case not later than forty eight hours after the time of freezing or seizing.
(3)
After receipt of the information under sub section (2), the Director of Public Prosecution shall apply to court for an order freezing or seizing such funds or property and the court shall make a determination expeditiously.
