Anti-Terrorism and Non-Proliferation (Amendment) Act, 2024
Section 3 repeals section 6 of the principal Act and replaces it with a substituted provision.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 30 of 2024
- Version
- 26 Dec 2024
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- en
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anti-terrorism asset controls asset forfeiture asset freeze asset freezing border entry and transit cargo inspection civil aviation compliance conventions corporate compliance criminal liability criminal offence criminal penalties criminal procedure delisting requests designation notifications designation/listing procedures economic resources entry controls export controls facility security financial crime fines +50 more
Statute overview
About this statute
Section 3 repeals section 6 of the principal Act and replaces it with a substituted provision. The Centre must coordinate prevention, detection, response, mitigation, and investigation of terrorism, terrorism financing, proliferation, proliferation financing, and threats to internal security. This provision repeals section 19 of the principal Act and replaces it with new text. A person must not commit terrorism or related acts such as attempting, assisting, organising, directing, or contributing to terrorism. This section replaces section 20 of the principal Act with a provision headed “Prohibition of terrorism financing.”
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Provisions of Anti-Terrorism and Non-Proliferation (Amendment) Act, 2024
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- 3 Verify source ↗
The principal Act is amended by the repeal of section 6 and
Section 3 repeals section 6 of the principal Act and replaces it with a substituted provision.
3. The principal Act is amended by the repeal of section 6 and the substitution therefor of the following: - 6 Verify source ↗
(1) The Centre shall coordinate the prevention of,
The Centre must coordinate prevention, detection, response, mitigation, and investigation of terrorism, terrorism financing, proliferation, proliferation financing, and threats to internal security.
6. (1) The Centre shall coordinate the prevention of, detection of, response to, mitigation and investigation of, terrorism, terrorism financing, proliferation, proliferation financing and threats to internal security. (2) Without prejudice to the generality of subsection (1), the functions of the Centre are to— Repeal and replacement of section 6 Functions of Centre (a) draw up plans and coordinate actions for counter terrorism, terrorism financing, proliferation and proliferation financing; (b) collect or solicit information to identify a person, group or entity that, based on reasonable grounds, or a reasonable basis to suspect or believe, meet the criteria for designation or national listing; (c) collect, solicit, integrate and analyse intelligence pertaining to terrorism, proliferation and proliferation financing; (d) maintain a database of known and suspected terrorists and terrorist organisations, their networks, goals, strategies, capabilities, support and other relevant information; (e) provide law enforcement agencies access to the intelligence support necessary to execute counter terrorism and proliferation plans and accomplish their assigned tasks; (f)coordinate with investigation and intelligence agencies to ensure effective detection and prosecution of terrorism, terrorism financing, proliferation and proliferation financing; 426 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (g) prepare regular threat assessment reviews and disseminate them to the appropriate levels in the Government; (h) develop and promote the adoption of best practices for coordination of law enforcement agencies, government institutions and the general public in combating of terrorism; and (i) enhance the State’s capacity to— (i) (ii) (iii) prevent the creation of safe havens for terrorists; detect chemical, biological, radioactive or nuclear materials; search, confiscate and establish safe control of chemical, biological, radioactive or nuclear materials; (iv) account for, control and provide physical protection of chemical, biological, radioactive or nuclear threats; (v) provide security of civilian and non-civilian institutions from chemical, biological, radioactive or nuclear threats; (vi) respond to, mitigate and investigate chemical, biological, radioactive or nuclear incidents; (vii) conduct inspections of chemical, biological, radioactive and nuclear facilities, institutions or any person or entity that may be holding such materials; (viii) facilitate national, regional and global sharing of information for countering terrorism, terrorism financing, proliferation and proliferation financing; (ix) ensure ratification and implementation of international conventions on terrorism and proliferation; (x) coordinate the implementation of the relevant United Nations Security Council Resolutions and other international conventions on terrorism and proliferation; Anti-Terrorism and Non-Proliferation [No. 30 of 2024 427 (Amendment) (xi) provide centralised services to law enforcement agencies, Government institutions and the general public in matters of national security or public interest in the following: (A) forensic criminal investigations; (B) scene of crime investigations; (C) forensic accounting investigations; (D) visual technical surveillance of public places to help in investigations of crime; (E) laboratory analysis of chemical, biological, radioactive and nuclear materials, whether connected to a crime or not; or (F) maintenance of a general national database of suspected terrorists or terrorist organisations; or (xii) provide, facilitate or recommend appropriate training of security and defense personnel in countering terrorism. - 4 Verify source ↗
The principal Act is amended by the repeal of section 19
This provision repeals section 19 of the principal Act and replaces it with new text.
4. The principal Act is amended by the repeal of section 19 and the substitution therefor of the following: - 19 Verify source ↗
Section 19
A person must not commit terrorism or related acts such as attempting, assisting, organising, directing, or contributing to terrorism.
19. (1) A person shall not commit terrorism. (2) A person shall not— (a) attempt to carry out terrorism; (b) participate as an accomplice in terrorism or attempted terrorism; (c) organise or direct others to commit terrorism or attempted terrorism; or (d) contribute to the commission of terrorism or attempted terrorism by a group of persons acting with a common purpose. Repeal and replacement of section 19 Prohibition of terrorism 428 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. Repeal and replacement of section 20 - 5 Verify source ↗
The principal Act is amended by the repeal of section 20
This section replaces section 20 of the principal Act with a provision headed “Prohibition of terrorism financing.”
5. The principal Act is amended by the repeal of section 20 and the substitution therefor of the following: Prohibition of terrorism financing - 20 Verify source ↗
(1) A person shall not commit terrorism financing
A person must not commit terrorism financing, try to do it, help with it, organize it, direct it, or contribute to it.
20. (1) A person shall not commit terrorism financing. (2) A person shall not— (a) attempt to carry out terrorism financing; (b) participate as an accomplice in terrorism financing or attempted terrorism financing; (c) organise or direct others to commit terrorism financing or attempted terrorism financing; or (d) contribute to the commission of terrorism financing or attempted terrorism financing by a group of persons acting with a common purpose. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. (4) Terrorism financing— (a) is a predicate offence to money laundering; (b) extends to any funds or other assets, whether from a legitimate or illegitimate source; (c) does not require that the funds or other assets were actually used to carry out, or attempt to carry out, terrorism or be linked to a specific case of terrorism; or (d) applies, regardless of whether the person alleged to have committed the offence is in the Republic Anti-Terrorism and Non-Proliferation [No. 30 of 2024 429 (Amendment) or a different country from where the terrorist or terrorist organisation is located, or the offence occurred or shall occur. - 6 Verify source ↗
The principal Act is amended by the repeal of section 21
Section 21 of the principal Act is repealed and replaced by new text that is not included here.
6. The principal Act is amended by the repeal of section 21 and the substitution therefor of the following: - 21 Verify source ↗
(1) A person shall not commit proliferation
A person must not commit proliferation, including attempts, participation, organising, directing others, or contributing to it.
21. (1) A person shall not commit proliferation. (2) A person shall not— (a) attempt, or participate, or organise or direct others, to commit proliferation; or (b) contribute to the commission of proliferation by a group of persons acting with a common purpose. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— (a) in the case of a natural person— (i) for a first offence, to imprisonment for a term of not less than twenty years but not exceeding twenty-five years; or (ii) for a second or subsequent offence, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 7 Verify source ↗
The principal Act is amended by the insertion of the following
This section says the principal Act is amended by inserting new sections after section 21.
7. The principal Act is amended by the insertion of the following new sections immediately after section 21: - 21A Verify source ↗
(1) A person commits an offence if that person,
A person commits an offence if they fraudulently take or convert chemical, biological, radiological or nuclear material without claim of right.
21A. (1) A person commits an offence if that person, without claim of right, fraudulently takes or converts a chemical, biological, radiological or nuclear material. (2) A person who commits an offence under subsection (1) is liable, on conviction— (a) in the case of a natural person— (i) for a first offence, to imprisonment for a term of not less than seven years but not exceeding ten years; or Repeal and replacement of section 21 Prohibition of proliferation Insertion of sections 21A, 21B, 21C, 21D, 21E, 21F, and 21G Theft of chemical, biological, radiological or nuclear materials 430 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) Robbery of chemical, biological, radiological or nuclear materials Aggravated robbery of chemical, biological, radiological or nuclear materials (ii) for a second or subsequent offence, to imprisonment for a term of not less than thirty-five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21B Verify source ↗
(1) A person who steals a chemical, biological,
Stealing chemical, biological, radiological, or nuclear material with actual or threatened violence is an offence.
21B. (1) A person who steals a chemical, biological, radiological or nuclear material, and, at or immediately before or immediately after the time of stealing that chemical, biological, radiological or nuclear material, uses or threatens to use actual violence to any person or property to obtain or retain the chemical, biological, radiological or nuclear material stolen or to prevent or overcome resistance to the chemical, biological, radiological or nuclear material being stolen or retained, commits an offence. (2) A person who commits an offence under subsection (1) is liable, on conviction— (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21C Verify source ↗
(1) A person who steals, or being armed with
Stealing CBRN material in the listed circumstances is an offence, and conviction can lead to long prison terms or other penalties.
21C. (1) A person who steals, or being armed with any offensive weapon or instrument, or being together with one person or more, steals a chemical, biological, radiological or nuclear material, and, at or immediately before or immediately after the time of stealing a chemical, biological, radiological or nuclear material, uses or threatens to use actual violence to any person or property to obtain or retain the chemical, biological, radiological or nuclear material stolen or to prevent or overcome resistance to the chemical, biological, radiological or nuclear material being stolen or retained, commits an offence. (2) A person who commits an offence under subsection (1) is liable, on conviction— Anti-Terrorism and Non-Proliferation [No. 30 of 2024 431 (Amendment) (a) in the case of a natural person— (i) for a first offence, to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years; or (ii) in the case of a second or subsequent offence, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21D Verify source ↗
(1) A person who embezzles or pilfers a chemical,
A person who embezzles or pilfers certain hazardous material commits an offence.
21D. (1) A person who embezzles or pilfers a chemical, biological, radiological or nuclear material commits an offence. (2) A person who commits an offence under subsection (1) is liable, on conviction— Embezzlement of a chemical, biological, radiological or nuclear material (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than ten years but not exceeding fifteen years; or for a second or subsequent offence, to imprisonment for a term of not less than twenty-five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21E Verify source ↗
(1) A person commits an offence if that
A person commits an offence if they attack, interfere with, use, or damage certain chemical, biological, radiological, or nuclear facilities under specified harmful or coercive conditions.
21E. (1) A person commits an offence if that person performs any action directed against a chemical, biological, radiological or nuclear facility, or interferes with the operation of a chemical, biological, radiological or nuclear facility, or uses or damages a chemical, biological, radiological or nuclear facility, where the person— Acts against chemical, biological, radiological or nuclear facilities (a) causes or knows that the act is likely to cause death or serious bodily injury to any person or substantial damage to property or to the environment; (b) causes the release or risks the release of a radioactive material with the intent to cause death or serious bodily injury to any person, or substantial damage to property, or to the environment; or 432 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (c) intends to compel a person, an international organisation or a State to do or refrain from doing any act. (2) A person who commits an offence under subsection (1) is liable, on conviction— (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than twenty years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for a term of not less than thirty-five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21F Verify source ↗
(1) A person shall not intentionally and without
A person must not intentionally and without lawful authority demand a chemical, biological, radiological or nuclear material or device by threat, force, or intimidation.
21F. (1) A person shall not intentionally and without lawful authority, by threat, under circumstances which indicate the credibility of the threat, or by use of force or by any other form of intimidation, demand for a chemical, biological, radiological or nuclear material or device. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction— (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for a term of not less than thirty-five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 21G Verify source ↗
(1) A person shall not threaten
A person must not threaten to use chemical, biological, radiological or nuclear material, or threaten to commit certain offences, to force someone to act or not act.
21G. (1) A person shall not threaten— (a) to use a chemical, biological, radiological or nuclear material to cause death or serious injury, to any person, or substantial damage to property or to the environment; or Unlawful demand for Chemical, biological, radiological or nuclear material or device Threats concerning chemical, biological, radiological or nuclear materials Anti-Terrorism and Non-Proliferation [No. 30 of 2024 433 (Amendment) (b) to commit any offence under sections 21 to 21F in order to compel a person, international organisation or State to do or to refrain from doing any act. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction— (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than five years and not exceeding fifteen years; or for a second or subsequent offence, to imprisonment for a term of not less than thirty-five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 8 Verify source ↗
The principal Act is amended by the insertion of the following
A person must not commit proliferation.
8. The principal Act is amended by the insertion of the following new section 22: (1) A person shall not commit proliferation - 22 Verify source ↗
Section 22
This section prohibits a person from funding, planning, inciting, or participating in proliferation financing, and sets prison terms or other penalties for contravention.
22. financing. (2) A person shall not— Insertion of section 22 Prohibition of proliferation financing (a) collect or avail funds to nationals or foreigners who are in the Republic with the intention or knowledge that the funds should be used or may be used to finance the travel of an individual to another State other than their State of residence or nationality with the purpose of perpetrating, planning, preparing or participating in proliferation or providing or receiving proliferation training; (b) knowingly plan or incite proliferation financing; or (c) participate as an accomplice, organise, or instruct another person, to carry out proliferation financing, or contribute to the commission of proliferation financing or attempted proliferation financing, by a group of persons acting with a common purpose. 434 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (3) For purposes of this Act, proliferation financing— (a) is a predicate offence to money laundering; (b) extends to any funds or other assets, whether from a legitimate or illegitimate source; (c) does not require that the funds or other assets, were actually used to carry out or attempt to carry out proliferation financing or be linked to a specific case of proliferation financing; or (d) applies, regardless of whether the person alleged to have committed the offence is in the Republic or a different country from where a person is located, or the offence occurred or shall occur. (4) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— (a) in the case of a natural person— (i) for a first offence, to imprisonment for a term of not less than twenty years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for life; or (ii) (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. Amendment of section 23 - 9 Verify source ↗
Section 23 of the principal Act is amended
This section amends section 23 of the principal Act and updates the offence wording and penalties for convictions under that section.
9. Section 23 of the principal Act is amended— (a) by the deletion of the marginal note and the substitution therefor of the following: Prohibition of training for terrorism or proliferation; (b) in subsection (3), by the deletion of paragraphs (a) and (b) and the substitution therefor of the following: (a) whether any instruction or training is provided generally or to one or more specific persons; or (b) whether the acts in relation to which a person intends to use the training for terrorism or proliferation consists of one or more acts of terrorism or proliferation. (c) by the deletion of subsection (4) and the substitution therefor of the following: (4) A person convicted of an offence under this section is liable— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 435 (Amendment) - 10 Verify source ↗
Section 26 of the principal Act is amended
This section amends Section 26 of the principal Act, renaming the marginal note and changing wording in paragraph (1)(b).
10. Section 26 of the principal Act is amended— (a) by the deletion of the marginal note and the substitution therefor of the following: Amendment of section 26 Collection of information for terrorism or proliferation purposes; and (b) in paragraph (1)(b) by the deletion of the words “a terrorist act” and the substitution therefor of the word “terrorism”. - 11 Verify source ↗
The principal Act is amended by the insertion of the
The principal Act is amended by inserting a new section immediately after section 26.
11. The principal Act is amended by the insertion of the following new section immediately after section 26: - 26A Verify source ↗
A person commits an offence if that person
A person commits an offence if they radicalise someone or promote the radicalisation of a person, group, or entity.
26A. A person commits an offence if that person radicalises a person, or promotes the radicalisation of a person, group or entity and is liable, on conviction— Insertion of section 26A (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than twenty years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for a term of not less than thirty-five years; or (b) in the case of a legal person, to penalties specified under sections 72B and 72C. - 12 Verify source ↗
The principal Act is amended by the repeal of section 28
This section amends the principal Act by repealing section 28 and replacing it with new text.
12. The principal Act is amended by the repeal of section 28 and the substitution therefor of the following: - 28 Verify source ↗
Section 28
A person commits an offence if they help, encourage, or solicit terrorism or proliferation; intentional help to a terrorist or listed person, group, or entity is also an offence.
28. (1) A person who aids, abets, counsels, procures, incites or solicits the commission of terrorism or proliferation commits an offence and is liable on conviction— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. (2) A person who intentionally aids, abets or counsels a terrorist, a designated or nationally listed person, group or entity commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for a term of not less than five years; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. Repeal and replacement of section 28 Aiding, abetting, conspiracy, etc of terrorism or proliferation 436 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) Amendment of section 29 Amendment of section 30 - 13 Verify source ↗
Section 29 of the principal Act is amended by the deletion
This provision changes Section 29 of the principal Act by replacing “a terrorist act” with “terrorism”.
13. Section 29 of the principal Act is amended by the deletion of the words “a terrorist act” and the substitution therefor of the word “terrorism”. - 14 Verify source ↗
Section 30 of the principal Act is amended
This provision amends Section 30 of the principal Act by changing wording in the marginal note and in subsections (1)(a) and (3)(a).
14. Section 30 of the principal Act is amended— (a) by the deletion of the marginal note and the substitution therefor of the following: Amendment of section 31 Repeal and replacement of Section32 Fundraising and other support Habouring, concealing, etc of terrorism, terrorism financing, proliferation or proliferation financing; (b) in subsection (1)(a), by the deletion of the words “a terrorist act” and the substitution therefor of the word “terrorism”; and (c) in subsection (3)(a), by the deletion of the words “a terrorist act” and the substitution therefor of the word “terrorism”. - 15 Verify source ↗
Section 31 of the principal Act is amended by the deletion
A person who conspires to commit terrorism, terrorism financing, proliferation, or proliferation financing commits an offence and can be penalized on conviction.
15. Section 31 of the principal Act is amended by the deletion of— (a) the marginal note and the substitution therefor of the following: Conspiring to commit terrorism, terrorism financing, proliferation or proliferation financing (b) subsection (1) and the substitution thereof of the following: (1) A person who conspires to commit an act of terrorism, financing, proliferation or proliferation financing commits an offence and is liable, on conviction, to the penalties specified under section 19, 20,21 or 22. - 16 Verify source ↗
The principal Act is amended by the repeal of section 32
This provision amends the principal Act by repealing section 32 and replacing it with new text.
16. The principal Act is amended by the repeal of section 32 and the substitution therefor of the following: - 32 Verify source ↗
Section 32
A person commits an offence if they invite someone to provide or make available funds or other assets for terrorism-related or proliferation-related purposes, or knowingly provide such funds or assets after such an invitation.
32. (1) A person commits an offence if that person— (a) invites another person to provide or make available funds or other assets for the purpose of terrorism, terrorism financing, proliferation or proliferation financing; or (b) knowingly provides or make available funds or other assets, where an invitation is made under paragraph (a). (2) A person who commits an offence under subsection (1) is liable, on conviction, to the penalties specified under sections 19,20,21 or 22. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 437 (Amendment) (3) A reference in this section to the provision of funds or other assets is a reference to the funds or other assets being given, lent or otherwise made available, whether or not for consideration. - 17 Verify source ↗
The principal Act is amended by the repeal of Part V and
The principal Act repeals Part V and replaces it with a new Part V on implementation of targeted financial sanctions.
17. The principal Act is amended by the repeal of Part V and the substitution therefor of the following new Part: Repeal and replacement Part V PART V IMPLEMENTATION OF TARGETED FINANCIAL SANCTIONS
Part
PART V
- 43 Verify source ↗
(1) The Minister shall, on the recommendation
The Minister must nationally list a person, group, or entity on the Centre’s recommendation, and the Centre must then communicate the list without delay and use the prescribed listing procedures.
43. (1) The Minister shall, on the recommendation of the Centre, nationally list a person, group or entity as prescribed in accordance with the United Nations Security Council Resolution 1373. (2) The determination by the Minister to nationally list a person, group or entity in accordance with subsection (1) shall be done ex-parte and shall not be conditional on the existence of a criminal proceeding. (3) The Centre shall, on national listing by the Minister under subsection (1)— (a) without delay, communicate the national list to a reporting entity, supervisory authority, State institution or any other person or entity or a virtual asset service provider, for implementation as prescribed; and (b) follow the prescribed procedures and standard forms for listing, as adopted by the relevant United Nations Security Council Sanctions Committee. - 44 Verify source ↗
Section 44
A foreign State may request national listing, and the Attorney-General, Minister, and Centre must process the request through a set timeline.
44. (1) Subject to the Mutual Legal Assistance in Criminal Matters Act, a foreign State may, pursuant to United Nations Security Council Resolutions 1373 or any other international obligation, make a request to the Attorney General for the national listing of a person, group or entity. (2) The request referred to under subsection (1) shall provide— (a) as much relevant information as possible on the person, group or entity proposed to be nationally listed, including sufficient identifying information to allow for the accurate and positive identification of the person, group or entity; Request from foreign State Cap. 98 438 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (b) a statement containing as much detail as possible, the basis for the proposed national listing, including specific information to support a determination that the person, group or entity meets the relevant designation criteria as prescribed; and (c) any other relevant information or documents that may be necessary to support the request for national listing. (3) The Attorney-General shall, within three days of receipt of the request referred to under subsection (1), submit the request to the Minister. (4) The Minister shall, within three days of receipt of the request referred to under subsection (3), submit the request to the Centre. (5) The Centre shall, within seven days of receipt of a request referred to under subsection (4), assess whether there are reasonable grounds, or a reasonable basis, to suspect or believe that the proposed person, group or entity meets the criteria for designation under United Nations Security Council Resolution 1373. (6) The Centre shall, where the Centre determines that the request made under this section meets the criteria under subsection (5), without delay, submit a recommendation for national listing of that person, group or entity to the Minister. (7) The Minister shall, on receipt of the recommendation under subsection (6), cause the national listing of a person, group or entity, and notify the Attorney- General of the national listing. (8) The Attorney-General shall, on receipt of the notification under subsection (7), notify the foreign State of the national listing. (9) A national listing made under this section shall— (a) be done ex-parte; and (b) not be made conditional on the existence of criminal proceedings relating to that person, group or entity. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 439 (Amendment) United Nations sanctions list Obligation of Centre on national listing or designation - 45 Verify source ↗
(1) The United Nations sanctions list shall take
The Minister must propose designated persons, groups or entities to the relevant UN sanctions committee on the Centre’s recommendation, and the Centre must monitor and circulate the sanctions list promptly.
45. (1) The United Nations sanctions list shall take effect in the Republic on designation by a relevant United Nations Sanctions Committee. (2) The Minister shall, on the recommendation of the Centre, propose a person, group or entity to a relevant United Nations Sanctions Committee for designation as prescribed. (3) A proposal for designation under subsection (2), shall be made ex-parte and shall not be conditional on the existence of criminal proceedings. (4) The Centre shall— (a) on a daily basis, monitor the United Nations sanctions list; (b) on receipt of the relevant United Nations sanctions list, without delay, communicate the sanctions list to a reporting entity, supervisory authority, State institution or any other person or entity or a virtual asset service provider, for implementation as prescribed; and (c) follow the prescribed procedures and standard forms for listing, as adopted by the relevant United Nations Sanctions Committee. - 46 Verify source ↗
The Centre shall
The Centre must quickly tell specified people and institutions about a national listing or designation, and must notify listed persons or entities about the listing’s implications and delisting/review process.
46. The Centre shall— (a) communicate the national listing or designation made by the Minister or a relevant United Nation Sanctions Committee under sections 43, 44 and 45, without delay, to a reporting entity, supervisory body, State institution, any other person or entity, or a virtual asset service provider, that may be holding targeted funds or other assets in a national newspaper of general circulation or on its website or through electronic mail or any other means; (b) notify the nationally listed person, group or entity, specifying the implications of being listed and the procedure for review and information on the delisting process after the national listing has taken effect; and 440 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) Freezing of funds or other assets of designated or nationally listed person or entry (c) inform the designated person or entity of the availability of the United Nations Office of the Ombudsperson or Focal Point for delisting after the designation has taken effect. - 47 Verify source ↗
(1) A reporting entity, supervisory body, State
Certain listed entities must freeze relevant assets without delay and report frozen assets or related actions to the Centre and the relevant competent authority.
47. (1) A reporting entity, supervisory body, State institution, any other person or entity or a virtual asset service provider shall, on receipt of the relevant United Nations sanctions list or the national list from the Centre— (a) without delay and without prior notice, in line with the guidelines issued by the Centre, freeze all funds or other assets, of a nationally listed person, group or entity, or a designated person or entity including— (i) all funds or other assets, that are owned or controlled by the nationally listed person, group or entity, or designated person or entity, and which are not necessarily tied to a particular act, plot or threat of terrorism or proliferation; (ii) funds or other assets, that are wholly or jointly owned or controlled, directly or indirectly, by a nationally listed person, group or entity, or designated person or entity; (iii) the funds or other assets, derived or generated from funds or other assets, owned or controlled directly or indirectly by a nationally listed person, group or entity, or designated person or entity; or (iv) funds or other assets, of a person, group or entity acting on behalf of, or at the direction of, a nationally listed person, group or entity, or designated person or entity; and Anti-Terrorism and Non-Proliferation [No. 30 of 2024 441 (Amendment) (b) Subject to paragraph (a), report to the Centre and the relevant competent authority on any assets frozen, attempted transactions, or actions taken in compliance with the implementation of targeted financial sanctions related to terrorism, terrorism financing, proliferation and proliferation financing. (2) The funds or other assets, frozen under this section shall remain frozen until a nationally listed person, group or entity or a designated person or entity is removed from the national or United Nations sanctions list unless access to funds or other assets is authorised. (3) A reporting entity, supervisory body, State institution and any other person or entity, or a virtual asset service provider, that contravenes subsection(1) shall be liable to an administrative penalty specified under section 72A. - 48 Verify source ↗
There shall not lie or be instituted any criminal,
Good-faith bona fide third parties are protected from criminal, civil, or administrative proceedings when they implement obligations under targeted financial sanctions under this Act.
48. There shall not lie or be instituted any criminal, civil or administrative proceedings against a bona fide third party acting in good faith when implementing the obligations under targeted financial sanctions under this Act. Bona fide third party - 49 Verify source ↗
(1) A person who appears on the United Nations
People on the UN sanctions list or national list may ask to be delisted, and the Minister and Centre must process those requests within set steps and deadlines.
49. (1) A person who appears on the United Nations sanctions list or the national list may submit a request for delisting from the— Delisting (a) United Nation sanctions list— (i) to the Office of the United Nations Ombudsperson, or to the Focal Point in accordance with the procedures set out in Resolution 1730 (2006) of the United Nations Security Council or any other subsequent or future Resolution; or (ii) to the Minister accompanied by supporting information and documents; or (b) national list, to the Minister. (2) The request for delisting referred to under subsection (1) shall be made on the following grounds: (a) mistaken identity or false positive; (b) material and significant changes in facts or circumstances relating to the national listing or designation; 442 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (c) the death, dissolution or liquidation of a designated person or entity, or nationally listed person, group, or entity; or (d) any other circumstances that demonstrate that the basis for designation or national listing ceases to exist. (3) Where a request under subsection (1)(a) is submitted to the Minister, the Minister shall, in consultation with the Centre, submit the request to the Office of the United Nations Ombudsperson or to the Focal Point, within ten working days. (4) The Minister shall, where the Minister receives a request under subsection (1)(b), submit the request to the Centre for determination on whether a person, group or entity meets the grounds for de-listing under subsection (2). (5) The Centre shall, within sixty days of receipt of the request under subsection (4), submit a recommendation to the Minister for the de-listing of the person, group or entity where the Centre is satisfied that the person, group or entity meets the grounds for de-listing under subsection (2). (6) The Minister shall, within seven days of receipt of the recommendation under section (5) de-list a nationally listed person, group or entity. (7) The Minister may, in consultation with the Centre, submit a request for delisting from the United Nations sanctions list spontaneously where the Minister believes that the applicable criteria that led to the designation has ceased to exist. (8) The Centre shall, where a designated or nationally listed person, group or entity is delisted, communicate the delisting to a reporting entity, supervisory body, State institution, any other person or entity or a virtual asset service provider in a newspaper of general circulation in the Republic or on its website or through electronic mail or any other means available. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 443 (Amendment) - 50 Verify source ↗
(1) A reporting entity, supervisory body, State
Certain listed entities must unfreeze frozen funds or assets after a de-listing notice, and then report the unfreezing to the Centre without delay.
50. (1) A reporting entity, supervisory body, State institution, any other person or entity or a virtual asset service provider that receives a notice of de-listing under section 49, shall unfreeze the frozen funds or other assets. Unfreezing of funds or other assets (2) A reporting entity, supervisory body, State institution, any other person or entity or a virtual asset service provider that unfreezes frozen funds or other assets under subsection (1) shall, without delay, submit a report to the Centre, in writing, on the funds or other assets unfrozen. (3) The Centre shall, where a person, group or entity with the same or similar name as the designated or nationally listed person group or entity is inadvertently affected by a freezing mechanism, without delay, direct a relevant reporting entity, supervisory body, State institution, any other person or entity or a virtual asset service provider, to unfreeze the frozen funds or other assets— (a) on verification that the person, group or entity involved is not a nationally listed person, group or entity; or (b) on receipt of such an instruction from the relevant United Nations Sanctions Committee in respect of a designated person or entity. - 51 Verify source ↗
(1) A person, group or entity shall not deal with
A person, group, or entity must not deal with certain listed or controlled funds, assets, or economic resources unless licensed, authorised, or otherwise notified under the relevant UN resolution or by the Centre.
51. (1) A person, group or entity shall not deal with funds, other assets, economic resources, or other related resources owned, held or controlled directly or indirectly, wholly or jointly, by or for the benefit of a nationally listed person, group, or entity, or a designated person or entity, an entity owned or controlled, directly or indirectly, by a nationally listed person, group, or entity or a designated person or entity, or a person or entity acting on behalf of, or at the direction of, a nationally listed person, group, or entity, or a designated person or entity, unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council Resolution or by the Centre. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for life; or Prohibition on dealing with funds or other assets, economic resources or other related resources 444 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. (3) In this section, “deal with” means— (a) in relation to funds— (i) use, alter, move, allow access to or transfer; (ii) treat the funds or other assets in a way that would result in any change in volume, amount, location, ownership, possession, character or destination; or (iii) make any other change that would enable use, including portfolio management; and (b) in relation to economic resources, exchange or use the resources in exchange for funds, goods or services. - 52 Verify source ↗
(1) A person, group or entity shall not make any
Do not make funds, assets, economic resources, or related services available to listed or designated persons or related entities unless licensed, authorised, or notified as stated.
52. (1) A person, group or entity shall not make any funds or other assets, economic resources, or financial or other related services, available, directly or indirectly, wholly or jointly, to or for the benefit of a nationally listed person, group, or entity, or a designated person or entity, an entity owned or controlled, directly or indirectly, by a nationally listed person, group, or entity or a designated person or entity, or a person or entity acting on behalf of, or at the direction of, a nationally listed person, group, or entity, or a designated person or entity, unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council Resolution or by the Centre. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. Prohibition of making funds or other assets, financial services or other related services available to designated or nationally listed person, group or entity Anti-Terrorism and Non-Proliferation [No. 30 of 2024 445 (Amendment) - 53 Verify source ↗
(1) A person or entity shall not facilitate the
This section prohibits helping sanctioned or listed persons move or trade in specified weapons and related material, requires prompt reporting and action by customs/authorised officers, and sets search, seizure, disposal, and bunkering-service rules.
53. (1) A person or entity shall not facilitate the acquisition, transportation or other transactions relating to firearms, explosives, chemical, biological, radiological or nuclear weapons or their components within or through the Republic on behalf of a designated person or entity or nationally listed person, group, entity, terrorist organisation or proliferation related entity or for the benefit of that designated or nationally listed person or entity. (2) A person who knows or reasonably suspects that a transaction under subsection (1) is about to take place shall notify an authorised officer immediately that person becomes aware of that transaction or as soon as practicable after that person becomes aware of the transaction. (3) An authorised officer who receives information under subsection (2) shall take immediate steps to prevent the performance or conclusion of the transaction. (4) A person within or outside the Republic commits an offence if that person, directly or indirectly— Prohibition of procuring, supplying, provision, import or export of weapons, arms and related materials, sanctioned items and technical advice, services, assistance and training (a) procures, supplies, delivers, sells, brokers, or transfers, imports or exports; (b) agrees to procure, supply, deliver, sell, broker, transfer, import or export; or (c) does any act calculated to promote the procurement, supply, delivery, brokering, sale, transfer, import or export, of items which are subject to sanctions, firearms, explosives, chemical, biological, radiological or nuclear weapons or their components and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and their spare parts, inclusive of technical advice, services, assistance, or training related to military acts or terrorism to or from— (i) a designated person or entity or nationally listed person, group or entity; (ii) a person or entity controlled or owned directly or indirectly by a designated person or entity or nationally listed person, group, entity, terrorist organisation or proliferation related entity referred to in paragraph (a); or 446 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (iii) a person or entity acting on behalf of, or at the direction, of a designated person or entity or nationally listed person, group or entity mentioned in paragraph (a), using a Zambian or non-Zambian flagged vessel or aircraft or aircraft registered in the Republic. (5) A person who commits an offence under subsection (4) is liable, on conviction, to imprisonment for life. (6) A person commits an offence if that person directly or indirectly— (a) procures, supplies, delivers, sells, brokers, transfers, imports or exports; (b) agrees to procure, supply, deliver, sell, broker, transfer, import or export; or (c) does any act calculated to promote the procurement, supply, delivery, sale, brokering, transfer, import or export, of items which are not subject to sanctions, to or from, or brokered by— (i) a designated person or entity or nationally listed person, group or entity; (ii) a person or entity controlled or owned directly or indirectly by a designated person or entity or nationally listed person, group or entity referred to in paragraph (a); or (iii) a person or entity acting on behalf of, or at the direction of a designated person or entity or nationally listed person, group or entity referred to in paragraph (a) using a Zambian or non-Zambian flagged vessel or aircraft registered in the Republic, shall— (A) follow the requirements of the applicable United Nations Sanctions Committee; Anti-Terrorism and Non-Proliferation [No. 30 of 2024 447 (Amendment) (B) verify the end use and end use location of such items; and (C) notify the relevant Security Council Sanctions Committee and where applicable, the International Atomic Energy Agency, within ten days of the supply, sale or transfer of those items. (7) An officer of customs or an authorised officer may— (a) search and inspect all cargo to and from a designated country, including cargo on an aircraft or a vessel, where reasonable grounds, or a reasonable basis, exist to suspect or believe a violation of applicable United Nations Security Council Resolutions and sanctions related to terrorism, terrorism financing, proliferation or proliferation financing; (b) seize any items subject to sanctions, arms and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and their spare parts, where reasonable grounds exist to suspect a violation of applicable United Nations Security Council resolutions and sanctions relating to terrorism, terrorism financing, proliferation and proliferation financing; or (c) cause the disposal of any items subject to sanctions, arms and related materials of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and their spare parts, where reasonable grounds exist to suspect a violation of applicable United Nations Security Council resolutions and sanctions relating to terrorism, terrorism financing, proliferation or proliferation financing. (8) Where a search and inspection is refused by a flagged vessel of another State, the officer of customs or an authorised officer shall— 448 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (a) through the Ministry responsible for foreign affairs, request the flag State permission to carry out a cargo search and inspection; and (b) where a requested flag State refuses a search and inspection under paragraph (a), request the flag State, through the Ministry responsible for foreign affairs, to instruct the vessel to proceed to an appropriate and convenient port for the required search and inspection. (9) Where a search is still refused under subsection(8), an officer of customs or an authorised officer shall impound the vessel and conduct the search in accordance with this section or deny the flagged vessel entry into the territory of the Republic. (10) An officer of customs or an authorised officer shall inform the Centre of the action taken within seven days after— (a) conducting a search and inspection of cargo under subsection (7)(a); (b) seizure of an item subject to sanctions under subsection (7)(b); or (c) disposal of an item subject to sanctions under subsection (7)(c). (11) A person, entity and any officer of customs or an authorised officer, shall cause the refusal of any bunkering service to be provided to a vessel or aircraft, where— (a) reasonable grounds exist to suspect a United Nations Security Council resolution or sanctions violation; or (b) a search or inspection is refused under this section, except where those services are necessary for humanitarian purposes or until such time as the cargo has been inspected, or seized and disposed of, if necessary. (12) A person shall not— (a) directly or indirectly interfere with an officer of customs or an authorised officer in the exercise of their functions under this section; or Anti-Terrorism and Non-Proliferation [No. 30 of 2024 449 (Amendment) (b) provide bunkering services in contravention of this Act. (13) A person who contravenes this section, commits an offence and is liable, on conviction— (a) in the case of a natural person— (i) (ii) for a first offence, to imprisonment for a term of not less than twenty years but not exceeding twenty-five years; or for a second or subsequent offence, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 53A Verify source ↗
(1) A road, water or air transportation provider
Transport providers, transport agents, and any person must not carry or facilitate transport of designated or nationally listed persons or groups, or restricted goods specified by Gazette notice.
53A. (1) A road, water or air transportation provider or any transportation agent operating within the Republic or whose transportation carries persons or goods within or outside the Republic shall not permit or facilitate the transportation of a designated person or entity or nationally listed person, group or entity or restricted goods specified by the Minister, on the recommendation of the Centre, by Gazette notice. (2) A person shall not carry a designated or nationally listed person or group or transport restricted goods specified in the Gazette notice referred to under subsection (1) by road, water or air transportation within or outside the Republic. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— (a) in the case of a natural person, to imprisonment for life; or (b) in the case of a legal person, to the penalties specified under sections 72B and 72C. - 53B Verify source ↗
(1) A designated person or entity or nationally
Certain listed persons must not enter or transit Zambia if that would conflict with a UN Security Council determination, and the immigration chief must not knowingly issue a visa to such a person without Centre advice.
53B. (1) A designated person or entity or nationally listed person, group or entity shall not enter or transit through the Republic if the entry or transit would be contrary to a determination of the United Nations Security Council. Prohibition of transporting designated or nationally listed person etc or goods Prohibition of transit by designated or nationally listed person or group 450 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (2) Despite the provisions of any other law, the Director- General of Immigration shall not knowingly grant a visa to a designated or nationally listed person unless the Director- General has obtained the advice of the Centre that the issuance of the visa is consistent with a determination of the United Nations Security Council referred to in subsection (1). (3) A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term not exceeding ten years, or to both. (4) The provisions of this section shall not be construed as varying or waiving the requirements imposed by the Immigration and Deportation Act, 2010. - 53C Verify source ↗
Despite the provisions of sections 53A and 53B, a
Some listed or designated persons and entities may enter or transit through the Republic if one of the stated conditions is met.
53C.Despite the provisions of sections 53A and 53B, a designated person or entity or nationally listed person, group or entity shall not be prevented from entering or transiting through the Republic where the— (a) designated or nationally listed person is a citizen; (b) entry or transit is necessary for compliance with a judicial process; or (c) appropriate United Nations Sanctions Committee determines, on a case by case basis, that the entry or transit is justified. Act No. 18 of 2010 P e r m i t t e d Transit Access to frozen funds - 53D Verify source ↗
(1) A reporting entity, supervisory authority, State
Certain holders of frozen assets must allow interest or pre-freeze contractual payments, but any credited amounts stay frozen. People or entities affected by a freeze may ask the Minister for access for basic or extraordinary expenses, and several reporting and review steps follow.
53D. (1) A reporting entity, supervisory authority, State institution or any other person or entity, or a virtual asset service provider, that holds funds or other assets, frozen under this Act, shall allow— (a) addition of interest or other earnings due on the frozen account; or (b) payments due under contract, agreements or obligations that arose before the account was frozen. (2) The interest, other earning or payments referred to under subsection (1) shall be frozen on being credited. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 451 (Amendment) (3) Despite subsection (1) a freezing action taken pursuant to United Nations Security Council Resolution 1737 and continued by United Nations Security Council Resolution 2231, or taken pursuant to United Nations Security Council Resolution 2231 or any other successor Resolutions shall not prevent a designated person or entity from making any payment due under a contract entered into prior to the designation or listing of that person or entity, provided that the Centre has— (a) determined that the contract is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, brokering or services referred to in United Nations Security Council Resolution 2231 and any future successor resolutions; (b) determined that the payment is not directly or indirectly received by a person or entity subject to the measures in paragraph 6 of Annex B to United Nations Security Council Resolution 2231; and (c) submitted prior notification to the United Nations Security Council of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, within ten working days prior to such authorisation. (4) A person , group, or entity whose funds other assets have been frozen under this Act may submit a request, to the Minister, for authorisation to access the frozen funds or other assets to settle basic expenses or extraordinary expenses. (5) The request to the Minister under subsection(4) shall be accompanied by the necessary supporting documents and specification of the amount to which access is requested. (6) The Minister shall on receipt of the request under subsection (4), submit the request to the Centre for examination. 452 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (7) The Centre shall, when examining a request received under subsection(6) where a person, group or entity is nationally listed, analyse the request and make a recommendation to the Minister within five working days from the date of receipt of the request from the Minister. (8) The Minister may, within five working days of receipt of the recommendation from the Centre under subsection (7)— (a) authorise the access to frozen funds or other assets and state the amount to be unfrozen, and notify the Centre to direct a reporting entity, supervisory authority, State institution, any other person or entity or a virtual asset service provider, holding the frozen funds or other assets, to take necessary measures to implement the decision; or (b) reject the request and notify the nationally listed person, group or entity of the rejection, stating the reasons for the decision. (9) The Minister shall, where the request under subsection (4) relates to a designated person or entity, submit the request to the United Nations Ombudsperson or Focal Point Person under the relevant United Nations Sanctions Committee for determination and notify the Centre. (10) The Minister shall, on receipt of the decision to the request under subsection (9), within three working days, inform the Centre of the decision. (11) The Centre shall, on receipt of the decision under subsection (10)— (a) where the request is granted to access frozen funds or other assets— (i) direct a relevant reporting entity, supervisory authority, State institution or any other person or entity, or a virtual asset service providers, holding the frozen funds or other assets to take necessary measures to unfreeze the funds or other assets; and (ii) inform the designated person or entity of the decision, in writing; or Anti-Terrorism and Non-Proliferation [No. 30 of 2024 453 (Amendment) (b) where the request is rejected, inform the designated person or entity of the rejection. (12) A relevant reporting entity, supervisory authority, State institution or any other person or entity, or a virtual asset service provider that unfreezes funds or other assets under this section shall, within five working days, submit a report in writing, to the Centre of the action taken including any relevant information and how funds or other assets used to pay for extraordinary expenses are managed. (13) The Centre shall, where the report submitted under subsection (12) relates to a designated person or entity submit the report to the relevant United Nations Sanctions Committee in accordance with any procedures or standard forms provided by the United Nations. - 53E Verify source ↗
A person who participates in activities knowing that
A person who knowingly takes part in activities to help circumvent or enable a contravention of this Part commits an offence.
53E. A person who participates in activities knowing that the object or effect of those activities is to directly or indirectly circumvent, enable or formulate the contravention of provisions of this Part, commits an offence and is liable, on conviction, to a fine of one million penalty units or to imprisonment for a term of ten years, or to both. Circumventing prohibitions - 18 Verify source ↗
Section 55 (1) of the principal Act is amended by the
This provision amends section 55(1) by adding “or a reasonable basis to suspect or” after “reasonable grounds”.
18. Section 55 (1) of the principal Act is amended by the insertion of the words “or a reasonable basis to suspect or” immediately after the words “reasonable grounds”. Amendment of section 55 Repeal and replacement of section 56 Power of entry, search and seizure - 19 Verify source ↗
The principal Act is amended by the repeal of section 56
Section 56 of the principal Act is repealed and replaced with new text, which is not included here.
19. The principal Act is amended by the repeal of section 56 and the substitution therefor of the following: - 56 Verify source ↗
(1) The Director-General may, where the Director
The Director-General may, if there are reasonable grounds to suspect a crime or offence under the Act at premises, authorise an officer in writing to search, seize, detain, and relatedly enter the premises.
56. (1) The Director-General may, where the Director- General has reasonable grounds to suspect that in, or on, any premises there is commission of a crime under this Act or an offence is reasonably suspected to have been committed an offence under this Act, by order, in writing, authorise an anti-terrorism officer or authorised officer to— (a) enter the premises and search for, seize and detain any property, book or document; (b) search any person who is in, or on, the premises, and detain that person or remove the person to any place in order to facilitate the search; 454 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (c) detain any person who is in, or on, the premises in whose possession or control any article or chemical, biological, radiological or nuclear material or any property is found, whom the anti-terrorism officer or authorised officer reasonably suspects or believes to have concealed or deposited the article or material; (d) break open, examine and search any article, container or receptacle; and (e) stop, search and detain any conveyance. (2) An anti-terrorism officer or authorised officer under subsection (1) may, if it is necessary to do so— (a) break open any outer or inner door or window of any premises; (b) forcibly enter the premises or any part of it; (c) remove by force any obstruction to entry, search, seizure and removal; or (d) detain any person found in, or on, the premises until the premises is searched. (3) An article or chemical, biological radiological or nuclear material seized under this section shall be presented to a specialised analyst at the Centre or any other relevant institution in or outside the Republic for analytical and scientific examination where need arises. Repeal and replacement of section 57 Search, seizure and inspection - 20 Verify source ↗
The principal Act is amended by the repeal of section 57
This provision amends the principal Act by repealing section 57 and replacing it with new text.
20. The principal Act is amended by the repeal of section 57 and the substitution therefor of the following: - 57 Verify source ↗
(1) An anti-terrorism officer or authorised officer
An anti-terrorism officer or authorised officer may search, inspect, copy, seize, and require information with a warrant; people must not obstruct or give false information; and removed items must be documented and returned promptly.
57. (1) An anti-terrorism officer or authorised officer may, with a warrant, at any time— (a) enter and search any premises including a private dwelling, where information or documents which may be relevant to an investigation or inspection may be kept; (b) search any person on the premises if there are reasonable grounds to suspect or believe that the person has personal possession of any Anti-Terrorism and Non-Proliferation [No. 30 of 2024 455 (Amendment) document or article that has a bearing on the investigation or inspection, except that a person shall only be searched by a person of the same sex; (c) examine any document or article found on the premises that has a bearing on the investigation or inspection; (d) require information to be given about any document or article by— (i) the owner of the premises; (ii) the person in control of the premises; (iii) any person who has control of the document or article; or (iv) any other person who may have the information; (e) take extracts from, or make copies of, any book or document found on the premises that has a bearing on the investigation or inspection; (f)use any computer system on the premises, or require assistance of any person on the premises to use that computer system to— (i) search any data contained in, or available from, the computer system; (ii) reproduce any record from the data; or (iii) seize any output from the computer for examination and copying; or (g) attach and, if necessary, remove from the premises for examination and safeguarding any document or article that appears to have a bearing on the investigation or inspection. (2) An anti-terrorism officer or authorised officer who removes any document or article from any premises in accordance with subsection (1)(g) shall— (a) issue a notice of seizure for the document or article to the owner of, or person in control of, the premises; and 456 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (b) return the document or article as soon as practicable after achieving the purpose for which it was removed. (3 A person shall not— (a) unreasonably delay or obstruct an anti-terrorism officer or authorised officer, in the performance of the anti-terrorism officer’s or authorised officer’s functions; (b) refuse to give an anti-terrorism officer or authorised officer any reasonable assistance that the anti- terrorism officer or authorised officer may require for the purpose of exercising that anti- terrorism officer’s or authorised officer’s powers; or (c) give an anti-terrorism officer or authorised officer false or misleading information in answer to an inquiry made by the anti-terrorism officer or authorised officer. (4) A person who contravenes subsection (3) commits an offence and is liable, on conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a term not exceeding seven years, or to both. (5) An anti-terrorism officer or authorised officer shall furnish the Director-General with a written report and any other information relating to an inspection or investigation that the Director-General may require. Amendment of Section 66 Request to foreign States - 21 Verify source ↗
Section 66 of the principal Act is amended by the deletion
The Attorney-General may ask a foreign State to designate a person or entity, or to freeze property, funds, or other assets linked to listed or designated persons or entities.
21. Section 66 of the principal Act is amended by the deletion of subsection(1) and the substitution therefor of the following: (1) The Attorney-General may make a request to a foreign State to either— (a) designate a person or entity by providing as much identifying information as possible, and specific information supporting the designation; or (b) without delay, to freeze all property, funds or other assets, belonging to, or suspected to belong to, a nationally listed person, group or entity or a designated person or entity including funds derived from property owned or controlled Anti-Terrorism and Non-Proliferation [No. 30 of 2024 457 (Amendment) directly or indirectly by the nationally listed person, group or entity or designated person or entity. - 22 Verify source ↗
Section 72A of the principal Act is amended by the deletion
Section 72A is replaced so that a legal person that commits an offence under the Act may face civil or administrative sanctions, including dissolution, forfeiture, remedial directions, business restrictions, or a fine up to 30 million penalty units.
22. Section 72A of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: Amendment of section 72A (1) A legal person who commits any offence under this Act shall be liable to one or more of the following civil or administrative sanctions and the civil or administrative proceedings shall not preclude parallel criminal proceedings: (a) dissolution of the legal person; (b) subject to the Forfeiture of Proceeds Crime Act, 2010, forfeiture of funds or other assets; Act No. 19 of 2010 (c) a directive to take remedial action or to make specific arrangements to redress the identified non-compliance; (d) the restriction or suspension of certain specified business activities; and (e) a penalty not exceeding thirty million penalty units. - 23 Verify source ↗
The principal Act is amended by the insertion of the following
The principal Act is amended by inserting new sections immediately after section 72A.
23. The principal Act is amended by the insertion of the following new sections immediately after section 72A: - 72B Verify source ↗
(1) A legal person that commits an offence under
A legal person convicted of an offence with no specific penalty can face a large fine or dissolution, and dissolution leads to cessation of activities and forfeiture of assets to the State.
72B.(1) A legal person that commits an offence under this Act for which a penalty has not been provided is liable, on conviction, to— (a) a fine of not less than twenty million penalty units but not exceeding one hundred million penalty units; or (b) dissolution subject to the Companies Act, 2017, where the legal person was created with the exclusive or predominant purpose of intention of committing the crime or when the repeated criminal practice shows that it is being used for that purpose by those in a managerial position within the legal person. (2) A legal person that is dissolved in accordance with subsection 1(b) shall cease all activities and the funds or other assets of that legal person shall be forfeited to the State. Insertion of sections 72B,72C,72D and 72E Applicable penalties for legal persons Act No. 10 of 2017 458 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) (3) A legal person, may, where a fine imposed under subsection (1) is greater than the earnings and the economic and financial situation of that legal person, apply to the High Court to pay the fine in instalments. (4) The High Court shall, where the High Court grants an application under subsection (1), authorise the payment of the fine in instalments for a period not exceeding one year. (5) Where a legal person authorised to pay a fine in instalments under subsection (4)— (a) omits to pay an instalment, the whole fine imposed under subsection (1)(a) shall become due and payable; and (b) fails to pay the amount due under paragraph(a), the funds or other assets of the legal person shall, subject to the Forfeiture of Proceeds Crimes Act, 2010, be forfeited to the State. (6) The fine referred to under subsection 1(a) shall be doubled where— (a) the offence was committed for profit; or (b) the defendant has the capacity to pay taking into consideration the defendant’s economic and financial situation. Act No. 19 of 2010 Additional penalties for legal persons - 72C Verify source ↗
(1) In addition to the penalties imposed under
The High Court may impose additional penalties, including temporary prohibition, suspension from contracting, loss of public grants or incentives, or temporary closure of a legal person.
72C. (1) In addition to the penalties imposed under section 72B, the High Court may order any of the following penalties: (a) temporary prohibition to exercise an activity that led to the commission of the crime; (b) temporary suspension from entering into a contract with a public or private body; (c) deprivation of entitlement to public grants, subsidies or incentives; or (d) temporary closure of the legal person. (2) The penalties referred to under subsection (1) shall be for a minimum of three months but not exceeding two years. Anti-Terrorism and Non-Proliferation [No. 30 of 2024 459 (Amendment) - 72D Verify source ↗
(1) The Centre may issue guidelines as are
The Centre may issue guidelines, must issue related guidelines on freezing and unfreezing procedures, and must publish the guidelines.
72D. (1) The Centre may issue guidelines as are necessary for the better carrying out of the provisions of this Act. Guidelines (2) Without prejudice to the generality of subsection (1), the Centre shall issue guidelines relating to— (a) the obligations of a reporting entity, supervisory authority, State institution and any other person or entity, or a virtual asset service provider that may be holding targeted funds or other assets in taking action under a freezing mechanism; or (b) procedures to de-list and unfreeze funds or other assets of a person, group or entity that no longer meets the criteria for designation or national listing. (3) The guidelines issued by the Centre under subsections (1) and (2) shall bind all persons specified under this Act. (4) The Centre shall publish the guidelines on its website, or in a daily newspaper of general circulation in the Republic or the Gazatte. - 72E Verify source ↗
A nationally listed person, group or entity that is
A nationally listed person, group or entity aggrieved by the Minister’s decision may appeal to the High Court.
72E. A nationally listed person, group or entity that is aggrieved with the decision of the Minister may appeal to the High Court. Appeals - 24 Verify source ↗
The principal Act is amended by the deletion of the words
This section amends the principal Act by replacing certain words.
24. The principal Act is amended by the deletion of the words— (a) “Director” wherever the word appears, and the substitution therefor of the word “Director-General”; and (b) “applicable United Nations Security Council Resolutions” and the substitution therefore of the words “relevant United Nations Security Council Resolutions”. General amendment - 25 Verify source ↗
The principal Act is amended by the repeal of the Second
The principal Act is amended by repealing the Second Schedule and replacing it with the Schedule in the appendix.
25. The principal Act is amended by the repeal of the Second Schedule and the substitution therefor of the Schedule set out in the appendix. Amendment of Second Schedule 460 No. 30 of 2024] Anti-Terrorism and Non-Proliferation (Amendment) APPENDIX (Section 25) SECOND SCHEDULE (Section 2(1)) COUNTER TERRORISM CONVETIONS
Part
Schedule
- 9 Verify source ↗
Section 9
This section lists several international conventions and protocols by name.
9. The Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963; The Convention for the Suppression of Unlawful Seizure of Aircraft of 1970; The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971 and the Protocol thereto of 1984; The New York Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents of 1973; The International Convention against the Taking of Hostages of 1979; The Convention on the Physical Protection of Nuclear Material of 1980; The United Nations Convention on the Law of the Sea of 1982; The 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 of 1988; The Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988; - 10 Verify source ↗
The Convention for the Suppression of Unlawful Acts against
This provision names the Convention for the Suppression of Unlawful Acts against Maritime Navigation of 1988.
10. The Convention for the Suppression of Unlawful Acts against Maritime Navigation of 1988; - 11 Verify source ↗
The Convention on the Marking of Plastic Explosives of 1991
This provision names the Convention on the Marking of Plastic Explosives of 1991.
11. The Convention on the Marking of Plastic Explosives of 1991; - 12 Verify source ↗
The International Convention for the Suppression of Terrorist Bombings
This section names the 1997 International Convention for the Suppression of Terrorist Bombings.
12. The International Convention for the Suppression of Terrorist Bombings of 1997; - 13 Verify source ↗
The Convention on the Prohibition of the Use, Stockpiling, Production and
This provision is a citation to the 1977 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti Personnel Mines and on their Destruction.
13. The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti Personnel Mines and on their Destruction of 1977; - 14 Verify source ↗
The Convention for the Suppression of Unlawful Acts against the Safety of
This provision refers to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.
14. The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971; - 15 Verify source ↗
The Organisation of African Unity Convention on the Prevention and
This provision cites the Organisation of African Unity Convention on the Prevention and Combatting of Terrorism, 1999.
15. The Organisation of African Unity Convention on the Prevention and Combatting of Terrorism, 1999; - 16 Verify source ↗
The International Convention for the Suppression of the Financing of
This section names the International Convention for the Suppression of the Financing of Terrorism, 1999.
16. The International Convention for the Suppression of the Financing of Terrorism, 1999; - 17 Verify source ↗
The International Convention for the Suppression of Acts of Nuclear
Section 17 refers to the International Convention for the Suppression of Acts of Nuclear Terrorism, 2005.
17. The International Convention for the Suppression of Acts of Nuclear Terrorism, 2005; - 18 Verify source ↗
The Convention for the Suppression of Unlawful Acts against the Safety of
This provision cites the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
18. The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005; and - 19 Verify source ↗
The Protocol for the Suppression of Unlawful Acts against the Safety of
This provision gives the title of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005.
19. The Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005.
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Anti-Terrorism and Non-Proliferation (Amendment) Act, 2024
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