ANTI-TERRORISM ACT: SUBSIDIARY LEGISLATION

(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 or entity in relation to the application of measures for the combatting of terrorism, terrorism financing, proliferation and proliferation financing;

"Authorised officer" has the meaning assigned to the word in the Act;

"Centre" has the meaning assigned to the word in the Act;

"designated person or entity" means any person, group, undertaking or organisation designated in the United Nations Sanctions List by or under the authority of the Security Council as being subject to United Nations sanctions and "designation" shall be construed accordingly;

"designation" means the addition of a designated person or entity to the targeted sanctions list pursuant to the applicable resolutions, the Act, or these Regulations and "designated" shall be construed accordingly;

"document" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form with or without the aid of anything else;

"economic resources" means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;

"entity" means a group, organisation, firm, unincorporated body of persons or any other legal arrangement;

"financial benefit" includes the discharge of a financial obligation for which the designated person or entity, country or nationally listed person or entity is wholly or partly liable;

"financial services" means services of a financial nature, including—

(a) insurance and pensions related services consisting of—

(i) direct insurance other than life assurance;

(ii) reinsurance and retrogression;

(iii) insurance intermediation, such as brokerage and agency;

(iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services; or

(v) Pension Fund Management;

(b) banking and other financial services consisting of—

(i) accepting deposits and other repayable funds;

(ii) lending, including consumer credit, mortgage credit, factoring, financing of commercial transactions and credit referencing;

(iii) financial leasing;

(iv) payment and money transmission services, including credit, charge and debit cards, travellers’ cheques and bankers’ drafts;

(v) providing guarantees or commitments;

(vi) financial trading;

(vii) participating in issues of any kind of securities, including underwriting and placement as an agent, whether publicly or privately and providing service related to such issues;

(viii) money brokering or foreign exchange purchase and sale;

(ix) asset management, including case or portfolio management, all forms of collective investment management, custodial, depository and trust services;

(x) settlement and clearing services for financial assets including securities, derivative products and other negotiable instruments;

(xi) providing or transferring financial information, and financial data processing or related software by suppliers of other financial services; or

(xii) providing advisory and other auxiliary financial services, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

"financial trading" means trading for a person’s, group of persons’ or entity’s own account or for the account of customers, whether on an investment exchange, in an over the counter market or otherwise, in—

(a) money market instruments, including cheques, bills and certificates of deposit;

(b) foreign exchange;

(d) exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;

(e) transferable securities;

(f) other negotiable instruments; and

(g) financial assets including bullion;

"freeze" means the prohibition of the use, transfer, conversion, disposition or movement of any funds, economic resources, property or other assets that are owned or controlled by a designated person, entity, country or nationally listed person on the basis of, and for the duration of the validity of an action initiated by the Security Council in accordance with applicable Security Council Resolutions and shall be construed accordingly;

"funds" has the meaning assigned to the word in the Act;

"group" means a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing a terrorist act or serious offence;

"information" means a document or any communication which is in an oral or recorded form;

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

"other services" includes technical assistance, training or any other service rendered in connection with a terrorist act, terrorist financing or any contravention of the Act, the applicable resolutions or these Regulations;

"privileged information" means information with respect to which a claim to legal professional privilege could be maintained in legal proceedings;

"proliferation" includes the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling, supply, sale or use 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 Resolution;

"proliferation financing" means an act by a 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 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 purpose), including technology, goods, software, services or expertise, in contravention of this Act or, where applicable, international obligations derived from relevant Security Council Resolutions;

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

"sanctions" includes an asset freeze, travel ban and arms embargo;

"supervisory authority" has the meaning assigned to the term in the Financial Intelligence Centre Act, 2010;

"terrorism" has the meaning assigned to the word in the Act;

"terrorism financing" means an act by a person who by any means directly or indirectly, wilfully, provides or collects funds from any source whether legal or illegal or attempts to do so, intending that the funds should be used or knowing or reasonably suspecting that the funds are to be sued in full or in part, whether actually used or not—

(a) to carry out a terrorist act;

(b) by an individual terrorist; or

"travel ban" means the prohibition of the travel of a designated or listed person, group or entity to, from or through the territory of the Republic.

(2) For the purposes of these Regulations "involvement in terrorism" includes—

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

(b) the financing of terrorism acts or persons or entities connected with terrorism;

(c) conduct that facilitates the commission, preparation or instigation of acts of terrorism, or that is intended to do so;

(d) conduct that gives support or assistance to persons or entities known or believed by the person concerned, to be involved in terrorism;

(e) obtaining supply or instruction or training in the use of—

(i) firearms or explosives; or

(ii) chemical, biological, radiological or nuclear weapons or their components; or

(f) the commission of any act of terrorism defined under the Act or any other law.

3. Application

These Regulations apply to—

(a) a designated person or entity under the applicable resolutions;

(b) a person or an entity suspected of being involved in terrorism, terrorism financing, proliferation or proliferation financing;

(d) a supervisory authority;

(e) any other person or entity that does anything provided for or prohibited under these Regulations.

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