ANTI-TERRORISM AND NON-PROLIFERATION ACT

to prevent and prohibit the carrying out of terrorism financing and proliferation activities; provide for measures for the detection and prevention of terrorism and proliferation activities; provide for the continued existence of the National Anti-Terrorism Centre and redefine its functions; provide for the offences of proliferation and proliferation financing; domesticate the international conventions and treaties on anti-terrorism and proliferation; repeal the Anti-Terrorism Act, 2007; and provide for matters, connected with, or incidental to the foregoing.

[31st July, 2018]

Act 6 of 2018.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Anti-Terrorism and Non-Proliferation Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires—

"Anti-Corruption Commission" has the meaning the assigned to the words in the Anti-Corruption Act, 2012;

"anti-terrorism officer" means a person appointed as such under section 12;

"applicable United Nations Security Council Resolutions (UNSCR)" means—

(a) United Nations Security Council Resolution 1267 of 1999;

(b) United Nations Security Council Resolution 1373 of 2001;

(d) United Nations Security Council Resolution 1452 of 2002;

(e) United Nations Security Council Resolution 1718 of 2006;

(f) United Nations Security Council Resolution 1737 of 2006;

(g) United Nations Security Council Resolution 1735 of 2006;

(h) United Nations Security Council Resolution 1822 of 2008;

(i) United Nations Security Council Resolution 1904 of 2009;

(j) United Nations Security Council Resolution 1988 of 2011;

(k) United Nations Security Council Resolution 1989 of 2011; and

(l) any other United Nations Security Council Resolution that may be issued concerning the designation, asset freezing, arms embargo and travel ban in respect of a designated person, entity or country in relation to the application of measures for the combatting of terrorism;

"article" means any equipment, instrument, tool, implement or utensil used to commit or attempt to commit an act of terrorism or proliferation;

"authorised officer" means—

(a) a police officer;

(b) officer of customs;

(d) an army officer;

(e) an intelligence officer;

(f) an officer from the Drug Enforcement Commission;

(g) an officer from the Anti-Corruption Commission; or

(h) any person appointed as such in writing by the Minister;

"bank" has the meaning assigned to the word in the Banking and Financial Services Act;

"Centre" means the National Anti-Terrorism Centre established under section 5;

"Committee" means the National Anti-Terrorism and Proliferation Committee established under section 7;

"Counter Terrorism Convention" means any Convention listed in the Second Schedule;

"declared terrorist organisation" has the meaning assigned to the words in section 40;

"Director" means the person appointed as Director under section 11;

"Drug Enforcement Commission" has the meaning assigned to the words in the Narcotic Drugs and Psychotropic Substances Act;

"explosive" has the meaning assigned to the word in the Explosives Act;

"exclusion order" means an order issued against an individual that prohibits that individual from entering the Republic;

"financial institution" has the meaning assigned to the words in the Banking and Financial Services Act, 2017;

"financial service provider" has the meaning assigned to the words in the Banking and Financial Services Act, 2017;

"firearm" has the meaning assigned to the word in the Firearms Act and includes an air gun or air pistol;

"funds" means legitimately or illegitimately sourced, acquired, provided or available—

(a) cash;

(b) assets of every kind, including any financial interest that accrues to such assets;

(d) any interest in any real or personal property, however acquired, including legal documents or instruments in any form, electronic or digital, evidencing title to, or interest in such assets;

"immigration officer" means a person appointed under the Immigration and Deportation Act;

"inland waters" means such waters as may be declared to be inland waters by the President under the Inland Waters Shipping Act;

"practitioner" has the meaning assigned to the word in the Legal Practitioners Act;

"national listing" means the listing of a person or entity by the Minister as being engaged in or concerned with terrorism or proliferation activity by the Centre of the name of a designated person or entity in accordance with applicable United Nations Resolutions;

"officer of customs" means an officer appointed by the Commissioner-General of the Zambia Revenue Authority to carry out a customs function under the Customs and Excise Act;

"organisation" includes any association or combination of persons;

"premises" includes a vehicle, an offshore installation, a tent or moveable structure;

"proliferation" includes the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling, supply, sale or use of nuclear, ballistic, chemical, radiological or biological weapons or any other weapon capable of causing mass destruction and their means, of delivery and related materials, including both technologies and dual use goods used for non- legitimate purposes, including technology, goods, software, services or expertise, in contravention of this Act or, where applicable, international obligations derived from relevant Security Council Resolutions and "proliferation activity" shall be construed accordingly;

"proliferation financing" means an act by any person who by any means, directly or indirectly, wilfully or negligently provides funds or financial services to be used or knowing that they are to be used in whole or in part for proliferation, the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling, supply, sale or use of nuclear, ballistic, chemical, radiological or biological weapons or any other weapon capable of causing mass destruction and their means of delivery and related materials including both technologies and dual-use goods used for non-legitimate purposes, including technology, goods, software, services or expertise, in contravention of this Act or, where applicable, international obligations derived from relevant Security Council Resolutions;

"proliferation related entity" means an entity concerned with the facilitation of proliferation and proliferation financing;

"property" includes any real or personal property, money or chose in action or other intangible or incorporeal property whether located in Zambia or elsewhere and property of corresponding value;

"record" includes—

(a) a photographic record;

(b) an electronic or magnetic record; and

"reporting entity" has the meaning assigned to the words in the Financial Intelligence Centre Act, 2010;

"terrorism" means an act or omission in or outside Zambia that is intended, or by its nature and context, may reasonably be regarded as being intended to intimidate or threaten the public or a section of the public or compel a government or an international organisation to do, or refrain from doing, any act, and is made for the purpose of advancing a political, ideological or religious cause and which—

(a) constitutes an offence within the scope of a counter-terrorism convention listed in the Second Schedule;

(b) causes or is intended to cause death or serious bodily harm to a person;

(d) endangers a person’s life;

(e) creates a serious risk to the health or safety of the public or a section of the public;

(f) involves the use of firearms or explosives;

(g) involves the release into the environment or any part thereof or distributing or exposing the public or any part thereof to any dangerous, hazardous, radioactive, harmful substance, toxic chemical, microbial or other biological agent or toxin;

(h) is designed or intended to disrupt any computer system or the provision of services directly related to communications, infrastructure, banking or financial services, utilities, transportation or other essential infrastructure or services;

(i) is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

(j) causes serious risk to national security;

(k) causes damage to a vessel or is likely to endanger the safe navigation of any vessel on inland or international waters; and

(l) causes damage to any aircraft or airport, is intended or likely to cause damage to any air navigation facilities or endanger the safety and lives of persons and property, affect the operations of air services or undermine the confidence of the public in the safety of civil aviation and "terrorist act" shall be construed accordingly;

"terrorist organisation" means a group of terrorists that—

(a) commits, or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and wilfully;

(b) participates as an accomplice in terrorist acts;

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

"terrorist" means a person who—

(a) has committed an offence under this Act; or

(b) is or has been involved in the commission, preparation or instigation of acts of terrorism;

"terrorism financing" means an act by any person who, irrespective of whether a terrorist act occurs, by any means, directly or indirectly, wilfully provides or collects funds or attempts to do so with the intention that the funds should be used or knowing that the funds are to be used in full or in part—

(i) to carry out a terrorist act;

(ii) by a terrorist;

(iii) by a terrorist organisation; or

(iv) for the travel of a person to a State other than the person’s State of residence or nationality for the purpose of perpetration, planning or preparation of, or participation in, terrorist act or the providing or receiving of terrorist training;

"terrorist investigation" means an investigation of—

(a) the commission, preparation or instigation of acts of terrorism or proliferation;

(b) an act which appears to have been done for the purposes of terrorism or proliferation;

(d) the possibility of making an order under section 62(1); or

(e) the commission, preparation or instigation of an offence under this Act; and

"vessel" includes a ship, fishing vessel and any water craft used or capable of being used as a means of transportation on water.

(2) In this Act, a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a declared terrorist organisation, an individual terrorist or in contemplation of a terrorist act whether that act occurs or not.

(3) A requirement imposed by or under this Act to produce or deliver up a record shall, in relation to an electronic or magnetic record, be construed as a requirement—

(a) where practicable, to produce or deliver up a disk from which the record is fully and freely accessible, by the use of a personal computer of a common variety, by the officer or person to whom the record is required to be produced or delivered up; or

(b) where it is not reasonably practicable to—

(i) allow an officer or person full and free access to the record using facilities of, or in the custody or under the control of, the person on whom the requirement is imposed; or

(ii) produce or deliver up a documentary or a hard copy version of the record.

(4) A power conferred by or under this Act to inspect any record shall, in relation to an electronic or magnetic record, be construed as a power to require full and free access to the record using the facilities of the person having custody or control of the record, and any neglect or failure by that person to afford such access shall be deemed to constitute obstruction of the officer or person exercising the power.

(5) A power conferred by or under this Act to seize and retain a record includes, in relation to an electronic or magnetic record, a power to seize any computer, disk, tape or other thing on which the record is stored.

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