FINANCIAL CRIMES: SUBSIDIARY LEGISLATION

FINANCIAL CRIMES: SUBSIDIARY LEGISLATION

FINANCIAL CRIMES (SUPPRESSION OF TERRORIST FINANCING AND PROLIFERATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
IMPLEMENTATION MECHANISM

    4.    National Counter-Terrorism Panel

    5.    Functions

    6.    Powers

    7.    Committees

PART III
PROCEDURES FOR IMPLEMENTATION

    8.    Domestic list

    9.    United Nations Consolidated List

    10.    Designations by third parties

    11.    Freezing of property

    12.    Obligations of reporting institutions

    12A.    Supervisory authorities to monitor compliance

PART IV
CONDITIONS AND PROCEDURES FOR UTILIZATION OF FROZEN PROPERTY

    13.    Access to property frozen under domestic list

    14.    Access to property frozen under United Nations Consolidated list

    15.    Additional funds

    16.    Application to unfreeze property

PART V
RESTRICTIONS ON TRAVEL AND DEALINGS IN ARMS

    17.    Travel restrictions

    18.    Arms embargo

PART VI
APPLICATION FOR DE-LISTING

    19.    Application for de-listing

    20.    Grounds for application

    21.    Effect of de-listing

    22.    Immunity

PART VII
PROFILING AND SUPERVISION OF THE NGO SECTOR

    23.    NGO sector profiling, risk assessment, outreach and cooperation

G.N. 11/2017
32/2023

FINANCIAL CRIMES (SUPPRESSION OF TERRORIST FINANCING AND PROLIFERATION) REGULATIONS

under s. 144

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as Financial Crimes (Suppression of Terrorist Financing and Proliferation) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “Act” means the Financial Crimes Act;

    “dealing” in relation to own or other property or funds means receiving, acquiring, transacting, representing, concealing, disposing, converting, transferring or moving, using as security or providing financial services;

    “designated person” means a person designated pursuant to these Regulations or the applicable United Nations Security Council Resolutions adopted under Chapter VII of the United Nations Charter;

    “designation” or “listing” means the identification of a person or group of persons that is subject to targeted sanctions pursuant to the applicable United Nations Security Council Resolutions;

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    “domestic list” means the list prepared and approved by the Panel under regulation 8;

    “freeze” means to prevent or restrain specific property from being used, transferred, transacted, converted, altered, concealed, moved or disposed of without affecting the ownership thereof;

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    “NGO” has the meaning assigned thereto under the Non-Governmental Organizations Act;

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    “Non-Governmental Organizations Regulatory Authority” means the Non-Governmental Organizations Regulatory Authority established under section 6 of the Non-Governmental Organizations Act;

    “Panel” means the National Counter-Terrorism Panel established under regulation 4;

    “property” has the meaning ascribed to it under the Act and includes electronically or digitally evidenced title or interest, bank credits, money orders, shares, securities and letters of credit and cash;

    “Resolution 1267” means Resolution 1267 of the Security Council passed on 15th October, 1999 and its successor resolutions;

    “Resolution 1373” means Resolution 1373 of the Security Council passed on 28th September, 2001 and its successor resolutions;

    “Resolution 1718” means Resolution 1718 of the Security Council passed on 14th October, 2006 and its successor resolutions;

    “Resolution 1988” means Resolution 1988 of the Security Council passed on 17th June, 2011 and its successor resolutions;

    “Resolution 1989” means Resolution 1989 of the Security Council passed on 11th June 2011 and its successor resolutions;

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    “Resolution 2231” means Resolution 2231 of the Security Council passed on 20th July, 2015 and its successor resolutions;

    “Sanctions Committee” means a committee of the Security Council of the United Nations established under a Resolution of the Security Council;

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    “sanctions list” means the 1989 Al-Qaida sanctions list, the 1988 Taliban sanctions list, the 1718 sanctions list, the 2231 sanctions list or other similar list issued by the Security Council from time to time;

    “Security Council” means the Security Council of the United Nations established under Article 7 of Chapter III of the United Nations Charter;

    “terrorist financing” includes the offence specified under section 43 of the Act; and

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    “United Nations Consolidated List” means the United Nations Security Council Consolidated Sanctions List containing persons and entities designated by the United Nations Sanctions Committee established under Resolution 1989 of the Security Council and its successor resolutions.

3.    Application

    These Regulations shall apply to—

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    (a)    a person contained in the Consolidated List of the United Nations designated under Resolutions 1989 Sanctions Committee, the 1988 Sanctions Committee, or any other such United Nations Sanctions Committee which may be established under any other United Nations Security Council Resolution;

    (b)    designated persons and entities under Resolution 1373 by a third party, international organization or foreign country;

    (c)    a person designated under Resolution 1718;

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    (d)    a person designated under Resolution 2231; and

    (e)    designated persons or entities approved by the Panel under Resolution 1373.

PART II
IMPLEMENTATION MECHANISM

4.    National…