Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641639564.pdf (Antigua and Barbuda)
No.

15 of 2001.

The Prevention of Terrorism Act, 2001.

1 ANTIGUA AND BARBUDA [ L.S. ]

I Assent, James B. Carlisle, Governor-General.

3rd December, 200 1.

ANTIGUA AND BARBUDA No.

15 of 2001 AN ACT to prohibit the use of the territory of Antigua and Barbuda and any facilities provided therein for the promo- tion of terrorist activities.

[ 27th December, 2001 ] ENACTED by the Parliament of Antigua and Barbuda as follows - 1.
This Act may be cited as the Prevention of Terrorism Act, Short title and com- mencement.

2001.

2.

In this Act - Interpretation.

"Al-Qaida organisation" is the same organisation as "Al- Qaeda organisation"; "Entity" means a partnership, joint venture, association, corporation, organization, network, group or subgroup or any form of business collaboration; 2 ANTIGUA AND BARBUDA The Prevention oj" Terrorism Act, 2001.

No.

15 of 2001.
No.

15 of 2001.

"gift" in relation to property, includes a rransfer for a con- sideration significantly less than the greater of - (a) the prevailicg market value of the property; or (b) the consideration paid by the defendant.
"person" means an individual or entity; "property" includes money, investments, holdings, pos- sessions, assets and all other property real or personal, heri- table or moveable including things in action and other in- tangible or incorporeal property wherever situate (whether in Antigua and Barbuda or elsewhere) and includes any interest in such property; "Supervisory Authority" has the same meaning as the meaning assigned to it by the Money Laundering Preven- tion Act, No.
9 of 1996; "terrorist" means an individual who engages in a terrorist activity; "terrorist activity" means activity that - (a) involves a violent act or an act dangerous to human life, property or infrastructure; and 0) appears to be intended to - (i) intimidate or coerce a civilian population; (ii) ' influence the policy of government by intimi- dation or coercion; or (iii) affect the conduct of a government by mass destruction, assassination, kidnapping or hos- tage taking; "terrorist organisation" means an entity that engages in terrorist activity; "Usama bin Laden" is the same person as "Osama bin Laden"; No.
15 of 2001.

The Prevention of Terrorism Act, 2001.

3 ANTIGUA AND BARBUDA designate a person as a terrorist or a terrorist organisation if the 3.

(1) The Supervisory Authority is hereby authorised to Designation and identification Of terrorist and Supervisory Authority reasonably suspects that the person has krrorist engaged in a terrorist activity; organisation.
(2) The Supervisory Authority shall, by declaration, published in the Gazette, specify the name of any person that has been designated in accordance with this section as a terrorist or ter- rorist organisation and include in such publication - (a) (3) in the case of an individual, the name, date of birth, place of birth, nationality, address, telephone num- ber, passport number and tax identification number; in the case of an entity, the name of the organisation, the date of incorporation, the place of incorporation, address, telephone number and facsimile number and any affiliated groups.
(3) For the purpose of this Act, the designation of a terrorist or terrorist organisation takes effect upon publication under sub- section (2).

(4) Upon publication under subsection (2), the Supervisory Authority shall issue a written direction to any financial institu- tion in Antigua and Barbuda requiring it to restrain or freeze any account or other property held by that financial institution on behalf of a person declared to be a terrorist or terrorist organisation.
(5) Subject to subsection (6), any direction given by the Su- pervisory Authority pursuant to subsection (4) shall be effective for three months unless previously revoked by the Supervisory Authority or by order of the High Court.
(6) The High Court may, upon the application of the Super- visory Authority, order the extension of a restraining or a freeze direction issued pursuant to subsection (4); provided that the High Court is satisfied that the conditions referred to in subsec- tion (1) still apply (7) An application under subsection (6) may be heard ex- parte.

4 ANTIGUA AND BARBUDA The Prevention of Terrorism Act, 2001.

No.

15 of 2001.
No.

15 of 2001.

(8) Where a written direction has been issued pursuant to subsection (4) and an application has been filed for an order pursuant to subsection (6), the direction issued pursuant to sub- section (4) shall remain LI force until the application pursuant to subsection (6) is fially determined.

(9) The Supervisory Authority shall, from time to time, amend the declaration published under subsection (2).
(10) The Supervisory Authority may revoke any declaration under subsection (2) if - (a) the circumstances that form the basis of the desig- nation no longer exists; or (b) the national security of Antigua and Barbuda is no longer in danger.

(1 1) The revocation of a declaration does not affect any action taken or proceedings based on conduct committed prior to the effective date of such revocation.
(12) Not later than thirty (30) days after the publication in the Gazette of the designation and the written direction by the Su- pervisory Authority made pursuant to subsection (4), a person designated as a terrorist or a terrorist organisation may apply to the High Court for an order to revoke the declaration and any waitten directior~ made pursira~at to this Act.
(13) An application for the revocation of a declaration and a written direction shall not affect any action taken under this Act unless the court makes a final order setting aside a declaration or a written direction.
(14) An application pursuant to subsection (12) by a person, other than the Supervisory Authority, shall be granted if the per- son proves to the satisfaction of the court that - (a) the person the subject of the relevant declaration is not a terrorist or terrorist organisation; or (b) the property the subject of the restraining or freeze direction is legally and beneficially owned by the applicant and not subject to any interest held by the No.

15 of 2001.

The Prevention of Terrorism Act, 2001.


5 ANTIGUA AND BARBUDA terrorist or terrorist organization named in the rel- evant declaration.
(1 5) Any property the subject of a restraining or freeze direc- tion pursuant to subsection (4) is forfeited to the Crown if - (a) no application is made under subsection (6) or sub- section (12) within three months of the date of the order; (b) (c) an application has been made under subsection (12) when that application is determined; or the application is discontinued, withdrawn or struck out.

4.
No person shall directly or indirectly supply, sell or Prohibition of sale transfer to any terrorist or terrorist organisation or to the ter- and supply of ritory of ~fghanistan under the control of the Government m i l i b ~ hardware of the Taliban - and software to terrorist and terrorist any arms, weapons, ammunition, nzilitary vehicles organisation and equipment, paramilitary equipment, aircraft or ship or spare parts and any related materials in re- spect of the aforementioned; technical advice, assistance or training related to military activities or armed personnel; the chemical acetic anhydride or any chemical, bio- logical or nuclear weapon of mass destruction.
5.

(1) Any transaction or dealing by a person in, or under the Dealings with jurisdiction of Antigua and Barbuda - property of terrorist and terrorist in property or interest in property of a terrorist or a organisation terrorist organisation so designated in accordance prohibited, with section 3; (a) (b) (c) (a) (b) that evades or avoids, or has the effect of evading or avoiding, and any attempt, or conspiracy to violate, any of the prohibitions in this Act, is prohibited.
(2) The dealing by any person in Antigua and Barbuda in any property wherever situated held by or on behalf of - 6 ANTIGUA AND BARBUDA The Prevention of Terrorism Act, 2001.

No.

15 of 2001.

(a) the territory of Afghanistan under the control of the Government of the Taliban; (b) Usama bin Laden; {c) the Al-Qaida organisation; or {d) any terrorist or terrorist organisation, is prohibited.
(3) A person holds an interest in property if it is subject to his effective control or has parted with such interest by way of gift to another person within six y.ears of any designation under section 3.

Prohibition of use 6.

The provision or acquisition by any person in, or of financial ser- organisation under the jurisdiction of Antigua and Barbuda, of fi- vices.
nancial services or any other services to, from or for the benefit of or on the direction or order of - (a) the territory of Afghanistan under the control of the Government of the Taliban; (b) Usama bin Laden; (c) the Al-Qaida organisation; or (d) any known terrorist or terrorist organisation, is prohibited.

Banks and financial 7.


(1) NO bank or financial institution licensed in Antigua institutions prohib- and Barbuda shall transact any business with Usama bin Laden, ited from transact- the Al-Qaida organisation or any person associated with or sus- ing business with pected of having any relationship with Usama bin Laden or the teTTOrist and Al-Qaida organisation or any other terrorist or terrorist ist organisation.
organisation as the Supervisory Authority may by declaration published in the Gazette designate from time to time.
(2) The Supervisory Authority may, by written direction, di- rect any bank or financial institution licensed in Antigua and Barbuda to freeze all accounts held in the nanle Osama bin Laden, the A1 Qaida organisation or any other terrorist organisation or any person associated with or suspected of having relationship with Usama bin Laden or the A1 Qaida organisation or any other terrorist or terrorist organisation.

No.

15 of 2001.

The Prevention of Terrorism Act, 2001.


7 ANTIGUA AND BARBUDA (3) Any bank or financial institution which freezes any ac- count pursuant to subsection (2) shall, as soon as practicable, notify the holder of the account that the account has been fro- zen.

(4) On receipt of such notification, the account holder may within thirty (30) days of the receipt of the notification, apply to a judge in Chambers to revoke the declaration and any written direction freezing such account under this section.

8.
8.

Any person who becomes aware that he has possession of, or control over any funds or other assets in which a terrorist or terrorist organisation, or agent, or affiliate of a terrorist or ter- rorist organisation has an interest shall - Reporting assets belonging to a ter- rorist or terrorist organisation.
(a) (b) retain possession and maintain control over such funds or such assets; and report to the Supervisory Authority the existence of such funds or assets in accordance with written in- structions or directions issued by the Supervisory Authority.

9.

(1) The Supervisory Authority shall, for purposes of imple- menting the provisions of this Act and for other purposes relat- ing to the prevention of terrorism, investigate, regulate, review or prohibit - Implementation.
(a) (b) any transaction in foreign exchange, currency or se- curities; any transfer or credit or payment by, through or to any banking institution, to the extent that such trans- fers or payments involve any interests of any for- eign country or national thereof.
(2) The Supervisory Authority may require any financial in- stitution or any person having possession of, or control over any assets of any person frozen under this Act to keep and maintain proper record of the frozen assets or any record of any other assets under investigation pursuant to this Act.

(3) The Supervisory Authority shall, in any such investiga- tion, request the production of any records or documents in rela- 8 ANTIGUA AND BARBUDA The Prevention of Terrorism Act, 2001.

No.

15 of 2001.
No.

15 of 2001.

Defences.

tion to any matter in connection with any frozen assets under this Act.

10.

(1) It shall be a defence to any action brought against any person who complies with any written direction or instruction issued by the Supervisory Authority in relation to any matter under this Act that the compliance was in accordance with the provisions of this Act.
(2) No person shall be held liable in any Court for or with respect to anything done or omitted to be done in good faith in connection with the administration of, or pursuant to, and in reliance on this Act or any regulation, instruction, or direction issued under this Act.

Offences and penalty.

11.

(i) Any person who contravenes section 4, commits an indictable offence and is liable on conviction to twenty five (25) years imprisonment.
(2) In addition, the Court shall order that any funds or other property which is derived from any such transaction by a person convicted under subsection (1) or in relation to which the of- fence was committed shall be forfeited to the Crown.
(3) Any person who fails to - (a) (b) comply with sections 5, 6, 7 or 9 or any order, in- structions or directions given by the Supervisory Au- thority under this Act; or report to the Supervisory Authority the existence of any funds or assets belonging to a designated ter- rorist or terrorist organisation pursuant to section 8, commits an offence and is liable on conviction on indictment to a fine of $100,000.00 or twice the amount of which the financial institution was required to retain possession of or control over whichever is greater.
Validation.

12.

Any written direction made by the Supervisory Author- ity before the commencement of this Act directing any bank or financial institution to freeze the account of - (a) Usama bin Laden or the Al-Qaida organisation or No.

15 of 2001.

The Prevention of Terrorism Act, 2001.


9 ANTIGUA AND BARBUDA the territory of Afghanistan under the control of the Government of the Taliban; or (b) any person known as a terrorist or terrorist organisation, or any person suspected ofbeing a ter- rorist or terrorist organisation, is deemed to have been validly made under this Act and any account so fiozen is deemed to have been validly frozen.

13.
13.

The Minister may make regulation for the better carrying ~ ~ ~ ~ l ~ ~ i ~ ~ , out of the purpose of this Act.

Passed the House of Representatives this 27th day of November, 200 1.

Passed the Senate this 30th day of October, 200 1.

B. Harris, Speaker.

M. Percival, President.

S. Walker, Clerk to the House of Representatives.

S. Walker, Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda, by Donovan Southwell, Government Printer -- By Authority, 200 1.
800-12.01 [ Price $4.00 ]