ANTI-TERRORISM AND NON-PROLIFERATION ACT

Arrangement of Sections

Section

PART I
PRELIMINARY

1. Short title

2. Interpretation

3. Jurisdiction of High Court

4. Non-application of section 26(2) of Penal Code, Cap. 87

PART II
THE NATIONAL ANTI-TERRORISM CENTRE

5. Continuation of National Anti-Terrorism Centre

6. Functions of Centre

7. National Anti-Terrorism Committee

8. Functions of Committee

9. Sub-committees

9A. Allowances

10. Delegation of functions of Committee

11. Director and other staff

12. Anti-terrorism officer

13. Powers of anti-terrorism officers

14. Entry by anti-terrorism officer or authorised officer

15. Duty to provide information to anti-terrorism officer and authorised officer

16. Oath of allegiance and declarations

17. Prohibition of publication or disclosure of information to unauthorised persons

18. Reporting

PART III
TERRORISM AND PROLIFERATION OFFENCES

19. Prohibition of terrorism

20. Prohibition of terrorism financing or proliferation financing

21. Prohibition of proliferation

22. Repealed

23. Prohibition of training terrorism financing or proliferation

24. Directing terrorist organisation or proliferation related entity

25. Possession of article for terrorist or proliferation purposes

26. Collection of information for terrorist or proliferation purposes

27. Incitement of offences

28. Aiding, abetting, conspiracy, etc. of terrorist act or proliferation

29. False reporting

30. Harbouring, concealing, etc. of terrorist act, terrorism financing, proliferation or proliferation financing

31. Attempts, conspiracies etc. to commit act of terrorism, terrorism financing, proliferation or proliferation financing

32. Fundraising and other support

33. Use and possession of property for terrorism and proliferation

34. Assisting retention or control of terrorist funds

35. Support services for terrorism or proliferation

36. Disclosure of information relating to offence

37. Terrorism or proliferation property or related property

38. Causing damage to public place, facility etc.

39. Parallel civil or administrative proceedings

PART IV
DECLARED TERRORIST ORGANISATION OR PROLIFERATION RELATED ENTITY

40. Declared terrorist organisation or proliferation related entity

41. Membership

42. Support and meetings

PART V
RESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR NATIONALLY LISTED PERSONS

43. National list and United Nations Sanctions List

43A. Freezing of funds or other assets of designated or nationally listed person or entity

43B. De-listing, unfreezing and providing access to frozen funds or other assets

44. Prohibition on dealing with funds and economic resources

45. Making funds or financial services available to designated or nationally listed person or entity prohibited

46. Prohibition on making funds or financial services available for benefit of designated or nationally listed person, terrorist organisation or proliferation related entity

47. Prohibition on making economic resources available to designated or nationally listed person, terrorist organisation or proliferation related entity

48. Prohibition of procuring, supplying, provision, import or export of weapons, arms and related materials, sanctioned items and technical advice, services, assistance and training

49. Prohibition of travel by designated or nationally listed person or terrorist organisation or proliferation related entity

50. Prohibition of transit by designated or nationally listed person or entities

51. Permitted transit

52. Exceptions

53. Circumventing prohibitions

PART VI
INVESTIGATIONS

54. Power to arrest

55. Power to detain

56. Powers of investigation

57. Power of investigation in cases of urgency

58. Power to intercept communication and admissibility of intercepted communications

59. Power to obtain financial information

60. Disclosure of information

61. Special investigative techniques

PART VII
EXCLUSION ORDERS

62. Making and effect of exclusion orders

63. Offences in connection with exclusion orders

PART VIII
MUTUAL ASSISTANCE EXTRADITION AND OTHER FORMS OF CO-OPERATION

64. Exchange of information

65. Other requests from foreign States

66. Requests to foreign States

67. Form of request

68. Counter-terrorism convention as basis of extradition

PART IX
GENERAL PROVISIONS

69. Establishment of Victims of Terrorism Fund

69A. Offence

70. Immunity

71. Regulations

72. Offences by principal officer or shareholder of body corporate or unincorporated body

72A. Administrative sanctions

73. Rules of court

74. General penalty

75. Offences to be cognizable

76. Repeal of Act No. 21 of 2007

FIRST SCHEDULE

SECOND SCHEDULE

AN 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,

Act 6 of 2023.

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;

“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 utensil, equipment, instrument, tool or any other implement used to commit or attempt to commit an act of terrorism or proliferation;

[Subs by s 2(a) of Act 6 of 2023.]

“authorised officer” means—

(a) a police officer;

(b) officer of the Zambia Revenue Authority;

(d) officer of the Defence Force;

(e) an intelligence officer;

(f) an officer of the Drug Enforcement Commission;

(g) an officer of the Zambia Correctional Service;

(h) an officer of the Anti-Corruption Commission;

(i) an officer of the Financial Intelligence Centre; or

(j) any other person appointed, in writing, as an authorised officer by the Committee;

[Subs by s 2(a) of Act 6 of 2023.]

“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 and any other subsequent convention ratified and domesticated in accordance with the Ratification of International Agreements Act;

[Subs by s 2(a) of Act 6 of 2023.]

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

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

[Ins by s 2(b) of Act 6 of 2023.]

“designated person or entity” means a person or entity designated by the relevant United Nations Security Council Committee;

[Ins by s 2(b) of Act 6 of 2023.]

“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;

“Emoluments Commission” means the Emoluments Commission established under the Constitution;

[Ins by s 2(b) of Act 6 of 2023.]

“entity” means trust partnership, fund or an incorporated association or organisation;

[Ins by s 2(b) of Act 6 of 2023.]

“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;

“financial service” has the meaning assigned to the words in the Banking and Financial Services Act;

[Ins by s 2(b) of Act 6 of 2023.]

“financial service provider” has the meaning assigned to the words in the Banking and Financial Services Act;

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

“freeze” means the prohibition of the transfer, conversion, disposition or movement of funds or other assets that are owned or controlled by a designated person or entity on the basis of, and for the duration of the validity of, an action initiated by the United Nations Security Council or in accordance with applicable United Nations Security Council Resolutions by a competent authority or court;

[Ins by s 2(b) of Act 6 of 2023.]

“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;

“funds or other assets” includes—

(a) financial assets;

(b) economic resources, oil and other natural resources;

(d) legal documents or instruments in any form or manner evidencing title to, or interest in, the funds or other assets;

(e) bank credits, travelers cheques, bank cheques or money orders;

(f) shares, securities or bonds;

(g) drafts or letters of credit;

(h) any interest, dividends or other income accruing from, or generated by, the funds or other assets; and

(i) any other assets which may potentially be used to obtain funds, goods or services;

[Ins by s 2(b) of Act 6 of 2023.]

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

[Ins by s 2(b) of Act 6 of 2023.]

“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;

“national listing” means the listing of a person or entity by the Minister, on the recommendation of the Centre, that is identified as being engaged in, or concerned with, acts of terrorism, terrorism financing, proliferation or proliferation financing and are subject to targeted financial sanctions, and the words “nationally list” and “nationally listed” shall be construed accordingly;

[Subs by s 2(a) of Act 6 of 2023.]

“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;

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

“premises” includes a vehicle, an offshore installation, a tent or movable 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;

“State institution” has the meaning assigned to the words in the Constitution;

[Ins by s 2(b) of Act 6 of 2023.]

“supervisory authority” has the meaning assigned to the words in the Financial Intelligence Centre Act;

[Ins by s 2(b) of Act 6 of 2023.]

“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 act” means—

(a) any criminal act that may endanger the life, physical integrity or freedom of, or cause serious injury or death to, any person, group of persons, or causes or may cause damage to public or private property, natural resources, environmental or cultural heritage and is calculated or intended to—

(i) intimidate, put in fear, force, coerce or induce the Government, a body, an institution, the general public or any segment thereof, to do or abstain from doing any act, or to adopt or abandon a particular view, or to act according to certain principles;

(ii) disrupt any public service, the delivery of an essential service to the public, or to create a public emergency; or

(iii) create general insurrection in the Republic; and

(b) any promotion, sponsoring, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organising, or procurement of any person, with the intent to commit any act referred to in paragraph (a)(i) to (iii);

[Ins by s 2(b) of Act 6 of 2023.]

“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;

“training for terrorism or proliferation” means to receive instruction, including obtaining knowledge or practical skills, from another person in the making or use of explosives, firearms, noxious or hazardous substances or any other specific methods or techniques, for the purposes of carrying out or contributing to the commission of terrorism, terrorism financing, proliferation or proliferation financing, knowing that the skills provided are intended to be used for the commission of terrorism, terrorism financing, proliferation or proliferation financing;

[Ins by s 2(b) of Act 6 of 2023.]

“vessel” includes a ship, fishing vessel and any water craft used or capable of being used as a means of transportation on water as defined by the Inland Waters and Shipping Act; and

[Subs by s 2(a) of Act 6 of 2023.]

“without delay” means within 24 hours.

[Ins by s 2(b) of Act 6 of 2023.]

3. Jurisdiction of High Court

(1) Subject to the other provisions of this Act, the High Court has jurisdiction to try any offences under this Act.

(2) A person who commits an offence outside Zambia which, if wholly done within Zambia, would be an offence against this Act, may be tried and punished under this Act in the same manner as if that act had been wholly done within Zambia.

(3) When an act which, if wholly done within Zambia, would be an offence against this Act is done partly within and partly outside Zambia, any person who within Zambia does any part of such act may be tried and punished under this Act as if such act had been wholly done within Zambia.

(4) Any person who commits an offence outside Zambia is deemed to have committed that offence in Zambia if—

(a) that person is a Zambian citizen;

(b) that person is not a Zambian citizen but is ordinarily resident in Zambia;

(d) that person has committed an offence against a Zambian citizen or against a person who is ordinarily resident in Zambia.

(5) Nothing in sub-section (2) shall render a person liable to be tried and punished under this Act in respect of an act done outside Zambia which, if wholly done within Zambia, would be an offence against this Act if that person has been convicted and punished outside Zambia in respect of the same act, except that such a conviction shall for purposes of this Act or any other law be deemed to be a conviction for that offence under this Act.

4. Non-application of section 26(2) of Penal Code, Cap. 87

Section 26(2) of the Penal Code does not apply to this Act.

PART II
THE NATIONAL ANTI-TERRORISM CENTRE

5. Continuation of National Anti-Terrorism Centre

(1) There is continued the National Anti-Terrorism Centre which is responsible for the enforcement of this Act.

(2) The Centre is a department in the Ministry responsible for internal security.

[S 5 subs by s 3 of Act 6 of 2023.]

6. Functions of Centre

(1) The Centre shall co-ordinate the prevention, detection, response to, mitigation and investigation of terrorists acts, terrorism financing, proliferation, proliferation financing and threats to internal security.

[S 6(1) am by s 34 of Act 6 of 2023.]

(2) Without prejudice to the generality of sub-section (1), the functions of the Centre are to—

(a) draw up plans and co-ordinate actions for counter-terrorism acts, terrorism financing, proliferation and proliferation financing;

(b) collect, solicit, integrate and analyse intelligence pertaining to terrorism, proliferation and proliferation financing;

[S 6(2)(b) subs by s 4 of Act 6 of 2023.]

(c) maintain a database of known and suspected terrorists and terrorist organisations, their networks, goals, strategies, capabilities, support and other relevant information;

(d) provide law enforcement agencies access to the intelligence support necessary to execute counter-terrorism and proliferation plans and accomplish their assigned tasks;

(e) co-ordinate with investigation and intelligence agencies to ensure effective detection and prosecution of terrorism, terrorism financing, proliferation and proliferation financing;

(f) prepare regular threat assessment reviews and disseminate them to the appropriate levels in the Government;

(g) develop and promote the adoption of best practices for co-ordination of law enforcement agencies, government institutions and the general public in combating of terrorism; and

(h) enhance the State’s capacity to—

(i) prevent the creation of safe havens for terrorists;

(ii) detect chemical, biological, radioactive or nuclear materials;

(iii) 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) facilitate national, regional and global sharing of information for countering terrorism, terrorism financing, proliferation and proliferation financing;

(viii) ensure ratification and implementation of international conventions on terrorism and proliferation;

(ix) co-ordinate the implementation of the applicable United Nations Security Council Resolutions and other international conventions on terrorism;

(x) 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;

(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 crime or not; and

(F) maintenance of a general national database of suspected terrorists or terrorist organisations; and

(xi) facilitate or recommend appropriate training of security and defence personnel in countering terrorism.

7. National Anti-Terrorism Committee

(1) There is established the National Anti-Terrorism Committee which consists of the following part-time members—

(a) the Director-General of the Zambia Security Intelligence Service who shall be the Chairperson;

(b) the Inspector-General of Police, who shall be the Vice-Chairperson; and

(i) Zambia Army;

(ii) Zambia Air Force;

(iii) Zambia National Service;

(iv) Zambia Correctional Service;

(v) Department of Immigration; and

(vi) Drug Enforcement Commission;

[S 7(1)(c) subs by s 5(a) of Act 6 of 2023.]

(d) a representative of the—

(i) Attorney-General; and

(ii) Financial Intelligence Centre;

[S 7(1)(d) ins by s 5(a) of Act 6 of 2023.]

(e) a representative from any other relevant institution that the Minister may consider necessary for purposes of this Act.

[S 7(1)(e) ins by s 5(a) of Act 6 of 2023.]

(2) The institutions or organisations referred to in sub-section (1) shall nominate their representatives for appointment by the Minister.

[S 7(2) subs by s 5(b) of Act 6 of 2023.]

(3) A person shall not be nominated or appointed as a member of the Committee if that person—

(a) is not a citizen of Zambia;

(b) is mentally and physically incapable of discharging the functions of a member;

(d) is a Member of Parliament or an officer or employee of a local authority; or

(e) is an office bearer or employee of a political party.

(4) The Director shall be the Secretary to the Committee.

8. Functions of Committee

The functions of the Committee are to—

(a) give general or specific policy directives to the centre regarding obligations and measures to be taken in the prevention, detection, and deterrence of the commission of terrorism acts, terrorism financing, proliferation and proliferation financing; and

(b) perform such other functions as are necessary to give effect to this Act.

9. Sub-committees

(1) The Committee may, for the purpose of performing its functions under this Act, constitute any sub-committee and delegate to the sub-committee such of its functions as it considers necessary.

(2) The Committee may appoint, as members of a sub-committee constituted under sub-section (1), persons who are or are not members of the Committee and such persons shall hold office for such period as the Committee may determine.

(3) A sub-committee may regulate its own procedure.

9A. Allowances

A member of the Committee or any sub-committee of the Committee shall be paid allowances that may be determined by the Emoluments Commission on the recommendation of the Minister.

[S 9A ins by s 6 of Act 6 of 2023.]

10. Delegation of functions of Committee

The Committee may, by direction, in writing, and subject to such terms and conditions as it considers necessary, delegate any of the functions of the Committee to the Director, a member or sub-committee.

11. Director and other staff

(1) The President shall, through a Service Commission appoint, as a public officer, the Director of the Centre.

(2) The Director shall, subject to the general or specific directions of the Committee—

(a) be responsible for the administration of the Centre;

(b) be responsible to the Committee for matters concerning the Centre;

(c) notify a reporting entity, supervisory authority, State institution and any other person or entity of an organisation declared to be a terrorist organisation and proliferation related entity; and

[S 11(2)(c) subs by s 7(a) of Act 6 of 2023.]

(d) exercise the functions conferred or imposed upon the Director by or under this Act.

(3) There shall be appointed or seconded from the Public Service such other officers as shall be necessary to assist the Director in the performance of the Director’s functions under this Act.

(4) A function conferred by or under this Act on the Director may be performed by any person acting as Director if the Director is unable to perform any function due to any cause.

(5) The Director may issue orders and instructions for the general administration of the Centre in relation to duties, distribution, inspection, transfer, training, arms, clothing, equipment, transport and places of residence and such other orders necessary to promote efficiency and discipline of the Centre.

(6) The command and control of the Centre in any place or area shall vest in the anti-terrorism officer who is appointed by the Director to be in charge of the Centre in that place or area.

[S 11(6) am by s 7(b) of Act 6 of 2023.]

(7) The Director may request specialised agencies in law enforcement, intelligence and internal security to second staff to the centre.

12. Anti-terrorism officer

(1) The Director shall, in order to ensure compliance with the provisions of this Act, appoint anti-terrorism officers that may be necessary for that purpose.

(2) An anti-terrorism officer shall be provided with a certificate of appointment and identity card which shall be prima facie evidence of the anti-terrorism officer’s appointment.

(3) An anti-terrorism officer shall, in performing a function under this Act—

(a) be in possession of an identity card or a certificate of appointment under sub-section (2); and

(b) show the identification card or certificate of appointment to any person who requests to see it, or is subject to an investigation under this Act.

(4) An anti-terrorism officer may, on production of the identity card or a certificate of appointment issued under sub-section (2), demand the production of, and inspect or make copies of any documents or accounts kept by a person, pursuant to the provisions of this Act.

[S 12 subs by s 8 of Act 6 of 2023.]

13. Powers of anti-terrorism officers

(1) Without prejudice to any other law, an anti-terrorism officer shall, in the exercise of a function and performance of a duty, have all the powers conferred on an authorised officer by this Act, the State Security Act, the Preservation of Public Security Act, the Emergency Powers Act, the Police Act and the Criminal Procedure Code.

(2) Despite anything to the contrary contained in any other law, an anti-terrorism officer or an authorised officer may, while on duty, carry such small arms as may be prescribed under this Act and may, in the course of duties, use such arms in circumstances where the use of arms is necessary and justifiable.

14. Entry by anti-terrorism officer or authorised officer

(1) An anti-terrorism officer, or an authorised officer may, at any reasonable time, enter any site or premises and inspect the site or premises, after giving reasonable notice to the person responsible for the site or premises, for the purpose of ensuring compliance with this Act.

(2) Despite sub-section (1), an anti-terrorism officer or an authorised officer may enter a site or premises for purposes of this Act, with a warrant, if the anti-terrorism officer or an authorised officer has reasonable grounds to believe that a provision of this Act has been or is about to be contravened or the site or premises have been used or are being used for the commission of an offence.

[S 14(2) am by s 9 of Act 6 of 2023.]

(3) An anti-terrorism officer or an authorised officer shall, where requested by a person responsible for any site or premises, produce evidence of the authorisation or permission to enter the site or premises.

(4) A person exercising any power under this section shall do so with reasonable care and in a manner that causes as little damage as possible.

15. Duty to provide information to anti-terrorism officer and authorised officer

(1) A person responsible for a site or premises shall, on demand by an anti-terrorism officer or an authorised officer—

(a) provide to the anti-terrorism and proliferation officer or an authorised officer information that is within that person’s knowledge in all matters relating to an inspection or investigation done under this Act; and

(b) produce for inspection, any document or record relating to any matter that is the cause for the inspection or investigation.

(2) A person who contravenes sub-section (1) 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.

16. Oath of allegiance and declarations

The advisors, experts and other members of staff of the Centre shall, on appointment, take an oath or affirmation before the Director in the prescribed manner and form.

17. Prohibition of publication or disclosure of information to unauthorised persons

(1) A person shall not, without the consent, in writing, given by or on behalf of the Centre, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information that relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates the information to another person commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

18. Reporting

(1) A reporting entity, supervisory authority, State institution and any other person or entity that has been notified of an entity declared as a terrorist or terrorist organisation under section 40(1) shall freeze any funds held by that reporting entity, supervisory authority, State institution and any other person or entity.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units.

[S 18 subs by s 10 of Act 6 of 2023.]

PART III
TERRORISM AND PROLIFERATION OFFENCES

19. Prohibition of terrorism

(1) A person or organisation shall not commit a terrorist act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

20. Prohibition of terrorism financing or proliferation financing

(1) A person shall not commit an act of terrorism financing or proliferation financing.

(2) A person shall not carry out an act which is an offence within the scope of the United Nations Security Council Resolution 1540 of 2004, or any other applicable United Nations Security Council Resolutions on proliferation financing.

(3) A person shall not deal with, enter into or facilitate, any transaction or enable the acquisition of a business interest, or perform any other act in connection with funds, which that person knows or ought reasonably to have known or suspected that the funds were acquired, owned, collected, or used, to commit terrorism, terrorism financing, proliferation or proliferation financing.

(4) A person is considered to have committed an offence of terrorism financing or proliferation financing whether or not the funds or other assets, belonging to that person, were used to commit a terrorist act or proliferation or, were linked to a specific terrorist act.

(5) A person who contravenes sub-sections (1), (2) and (3) commits an offence and is liable on conviction to imprisonment for life.

[S 20 subs by s 11 of Act 6 of 2023.]

21. Prohibition of proliferation

(1) A person or organisation shall not commit an act of proliferation.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

22. …

[S 22 rep by s 12 of Act 6 of 2023.]

23. Prohibition of training terrorism financing or proliferation

(1) A person commits an offence if that person provides instruction or training for terrorism or proliferation and at the time that the person provides the instruction or training knows or ought to have known that a person receiving the instruction or training intends to use the skills in which that person is being instructed or trained—

(a) for, or in connection with, the commission or preparation of an act of terrorism or proliferation; or

(b) for assisting the commission or preparation of an act of terrorism or proliferation.

(2) A person commits an offence if that person receives instruction or training for terrorism or proliferation and uses the instruction or training—

(a) for, or in connection with, the commission or preparation of an act of terrorism or proliferation; or

(b) to assist in the commission, or preparation, of an act of terrorism or proliferation.

(3) It is irrelevant for the purposes of sub-sections (1) and (2)—

(a) whether any instruction or training is provided generally or to one or more specific persons; and

(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.

(4) A person convicted of an offence under this section is liable to imprisonment for life.

(5) For the purposes of this section—

(a) a reference to the provision of instruction includes a reference to making the instruction available either generally or to one or more specific persons; and

(b) an invitation to receive instruction or training for terrorism or proliferation may be general or targeted specifically to one or more persons.

[S 23 subs by s 13 of Act 6 of 2023.]

24. Directing terrorist organisation or proliferation related entity

A person who directs the activities of a terrorist organisation or proliferation related entity which is concerned in the commission of acts of terrorism, terrorism financing, proliferation or proliferation financing commits an offence and is liable, on conviction, to imprisonment for life.

25. Possession of article for terrorist or proliferation purposes

A person who possesses an article for a purpose connected with the commission, preparation or instigation of an act of terrorism or proliferation commits an offence and is liable, on conviction, to imprisonment for life.

26. Collection of information for terrorist or proliferation purposes

(1) A person commits an offence if that person for purposes of or in connection with terrorism and proliferation—

(a) collects, makes or transmits a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism or proliferation; or

(b) possesses a document or record containing information likely to be used for a terrorist act or proliferation.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

27. Incitement of offences

(1) A person who incites another person or organisation to commit an act of terrorism or proliferation, commits an offence and is liable, on conviction, to imprisonment for life.

(2) For the purposes of sub-section (1), it is immaterial whether or not the person or organisation incited is in Zambia at the time of the incitement.

28. Aiding, abetting, conspiracy, etc. of terrorist act or proliferation

A person who aids, abets, counsels, procures, incites or solicits the commission of a terrorist act or proliferation, commits an offence and is liable on conviction, to imprisonment for life.

29. False reporting

A person who knowingly makes a false report or issues any false communication purporting that a terrorist act and proliferation offence has been or is intended to or is likely to be committed commits an offence and is liable, on conviction, to imprisonment for a term of not less than 20 years, but not exceeding 30 years.

30. Harbouring, concealing, etc. of terrorist act, terrorism financing, proliferation or proliferation financing

(1) A person commits an offence if that person harbours, conceals or provides a safe haven to—

(a) a terrorist, a terrorist organisation, or person who finances or supports a terrorist, terrorist organisation, or the commission of a terrorist act; or

(b) to a person who is involved in proliferation, proliferation financing or supports the commission of proliferation or proliferation financing.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

(3) It shall be a defence for a person charged with an offence under sub-section (1) if that person satisfies the court that the person did not know and had no reasonable cause to believe that the person was harbouring, concealing or providing a safe haven to a—

(a) terrorist, terrorist organisation or a person who finances or supports a terrorist or terrorist organisation, or the commission of a terrorist act; or

(b) person or organisation involved in proliferation or proliferation financing.

[S 30(3) ins by s 14 of Act 6 of 2023.]

31. Attempts, conspiracies etc. to commit act of terrorism, terrorism financing, proliferation or proliferation financing

(1) A person who conspires or attempts to commit an act of terrorism, terrorism financing, proliferation and proliferation financing commits an offence and is liable, on conviction, to imprisonment for life.

(2) A person commits an offence if that person does any of the acts listed under sections 21 and 394 of the Penal Code.

(3) A person who commits an offence under sub-section (2) is liable, on conviction, to imprisonment for life.

32. Fundraising and other support

(1) A person commits an offence if that person—

(a) participates in terrorism financing or proliferation financing, irrespective of an occurrence of a terrorist act or proliferation whether or not the funds have been used to commit that act;

[S 32(1)(a) subs by s 15 of Act 6 of 2023.]

(b) invites another person to provide or make available funds or other property for purposes of terrorism or proliferation; and

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

(3) A person commits an offence if that person—

(a) provides or makes available funds or other property; or

(b) knows that the funds or other property provided shall or may be used for the purposes of terrorism or proliferation.

(4) A person who commits an offence under sub-section (3) is liable, on conviction, to imprisonment for life.

(5) A reference in this section to the provision of funds or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.

33. Use and possession of property for terrorism and proliferation

(1) A person who knowingly uses, or who causes or permits any other person to use, funds or article for the purposes of terrorism or proliferation commits an offence and is liable, on conviction, to imprisonment for life.

(2) A person commits an offence if that person possesses funds and intends those funds to be used for the purposes of terrorism or proliferation.

(3) A person who commits an offence under sub-section (2) is liable, on conviction, to imprisonment for life.

34. Assisting retention or control of terrorist funds

(1) A person commits an offence if that person facilitates knowingly the retention or control by or on behalf of another person of terrorist or proliferation funds whether—

(a) by concealment;

(b) by removal from the jurisdiction;

(d) in any other way.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

35. Support services for terrorism or proliferation

(1) A person commits an offence if that person with intent that the same should be used, or having reasonable cause to suspect that the same shall be used, for the purposes of terrorism, terrorism financing, proliferation or proliferation financing, provides or makes available, or offers to provide or make available—

(a) a financial service or any service for the safe keeping of any property;

(b) any forged or falsified document;

(d) access to any communications equipment or capability; or

(e) any services, skill or expertise of any kind.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

36. Disclosure of information relating to offence

(1) Subject to sub-section (2) and the Plea Negotiations and Agreement Act, a person who is involved in a transaction or arrangement relating to funds or other property may be granted immunity from prosecution if, as soon as practicable after becoming involved in the transaction or arrangement, and on that person’s own initiative, the person discloses to an anti-terrorism officer or an authorised officer—

(a) that person’s suspicion or belief that the funds or property are terrorist property; and

(b) the information on which that person’s suspicion or belief is based.

(2) Sub-section (1) does not apply to a person if—

(a) an anti-terrorism and proliferation officer or an authorised officer forbids that person to continue the person’ s involvement in the transaction or arrangement to which the disclosure relates; and

(b) the person continues that person’s involvement.

(3) Where a person is in employment and the person’s employer has established a procedure for the making of disclosures that may be made to an anti-terrorism and proliferation officer or an authorised officer under sub-section (1), this section shall have effect in relation to that person as if a reference in this section to disclosure included a reference to disclosure in accordance with that procedure.

[S 36(3) rep by s 16(a) and s 36(4) renumbered as s 36(3) by s 16(b) of Act 6 of 2023.]

37. Terrorism or proliferation property or related property

The Forfeiture of Proceeds of Crime Act applies in relation to funds or property related to terrorism, terrorism financing, proliferation or proliferation financing and any other property liable to seizure or forfeiture under this Act.

38. Causing damage to public place, facility, etc.

(1) A person commits an offence if that person knowingly delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a Government facility, a public transportation system or an infrastructure facility with—

(a) intention to cause death or serious bodily harm; or

(b) intention to cause extensive destruction to the place, facility or system, where destruction results in or is likely to result in major economic loss.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

(3) In this section—

“energy” has the meaning assigned to the word in the Energy Regulation Act;

“explosive” has the meaning assigned to the word in the Explosives Act;

“lethal device” means—

(a) an explosive or incendiary weapon, or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or

(b) a weapon or device that is designated, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;

“fuel” has the meaning assigned to the word in the Energy Regulation Act;

“Government facility” includes any permanent or temporary facility or conveyance that is used or occupied by representatives of the State, members of Government, the Legislature, the Judiciary, any officer or employees of the State or any other public authority or entity, or officers or employees of an inter-governmental organisation in connection with their official duties; and

“infrastructure facility” means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewerage, energy, fuel or communications.

39. Parallel civil or administrative proceedings

A criminal prosecution under this Part shall not preclude parallel civil or administrative proceedings in respect of a legal person.

PART IV
DECLARED TERRORIST ORGANISATION OR PROLIFERATION RELATED ENTITY

40. Declared terrorist organisation or proliferation related entity

(1) For the purposes of this Act, an organisation is a declared terrorist organisation or proliferation related entity if—

(a) the Minister has, by notice, under this section, declared the organisation or entity to be engaged in terrorism or proliferation activity;

(b) the organisation or entity operates under the same name as an organisation or entity referred to in paragraph (a); or

(c) the organisation or entity has been declared by the Security Council of the United Nations, or the African Union or nationally listed as a terrorist or proliferation organisation.

(2) Sub-section (1)(b) has effect subject to the terms of any notice published under this section.

(3) The Minister may, where the Minister has reasonable grounds to believe that an organisation or entity is engaged in terrorism or proliferation activity, by notice published in the Gazette declare that the specified organisation or entity is engaged in terrorism or proliferation, respectively.

(4) For purposes of sub-section (3), an organisation or entity is engaged in terrorism or proliferation activity, respectively, if it—

(a) commits or participates in acts of terrorism or proliferation;

(b) prepares for terrorism or proliferation;

(d) is otherwise involved in terrorism or proliferation.

41. Membership

A person who forms, owns, belongs or professes to belong to an organisation that is a declared terrorist organisation or proliferation related entity commits an offence and is liable, on conviction, to imprisonment for life.

[S 41 am by s 17 of Act 6 of 2023.]

42. Support and meetings

(1) A person who provides support to a person or an entity declared as a terrorist or terrorist organisation or proliferation related entity commits an offence.

(2) A person commits an offence if that person knowingly—

(a) arranges, manages or assists in arranging or managing or participates in a meeting or an activity, which that person knows is connected with an act of terrorism, terrorism financing, proliferation and proliferation financing;

(b) provides logistics, equipment or facilities for a meeting, or an activity which that person knows is connected with an act of terrorism, terrorism financing, proliferation and proliferation financing;

(c) attends a meeting, which that person knows supports a designated or nationally listed person or entity, or seeks to further the objectives of a designated or nationally listed person or entity; or

(d) addresses a meeting for the purpose of encouraging support for a declared terrorist organisation or proliferation related entity to further its activities.

(3) A person convicted of an offence under this section is liable to imprisonment for life.

[S 42 subs by s 18 of Act 6 of 2023.]

PART V
RESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR NATIONALLY LISTED PERSONS

43. National list and United Nations Sanctions List

(1) The Minister shall, on the recommendation of the Centre, nationally list persons or entities who are involved in the commission of acts of terrorism, terrorism financing, proliferation or proliferation financing.

(2) Subject to sub-section (1), the Minister shall propose persons or entities to the relevant United Nations Security Council Committee for designation.

(3) The Centre shall—

(a) without delay circulate the national list to a reporting entity, supervisory authority, state institution and any other person or entity for implementation;

(b) on receipt of the relevant United Nations Security Council Committee Sanctions List without delay, circulate to a reporting entity, supervisory authority, state institution and any other person or entity for implementation; and

(c) without delay, share with the Department of Immigration a list of designated or nationally listed persons for purposes of regulating the entry and exit of persons in the Republic under the Immigration and Deportation Act.

[S 43 subs by s 19 of Act 6 of 2023.]

43A. Freezing of funds or other assets of designated or nationally listed person or entity

(1) The Centre shall, on receipt of the relevant United Nations sanctions list or the national list from the Minister—

(a) direct all persons, groups or entities, without delay and without prior notice, to—

(i) freeze all funds or other assets suspected or belonging to a nationally listed person, group or entity, or designated person or entity including funds derived from property owned or controlled directly or indirectly—

(a) by that nationally listed person, group or entity or designated person or entity;

(b) by a person acting on that nationally listed person, group or entity’s behalf, or designated person or entity’s behalf; or

(ii) ensure that these funds or other assets are not made available, directly or indirectly for the nationally listed person, group or entity or designated person or entity’s benefit, by their nationals or by persons within their territory;

(b) give written notice to the nationally listed person, group or entity, specifying the implications of being listed and the procedure for review and information on the de-listing process after the national listing or designation has taken effect; and

(2) Subject to sub-section (1), a person, group or entity shall report to the Centre and the relevant competent authority on any assets frozen or actions taken in compliance with the implementation of targeted financial sanctions related to terrorism, terrorism financing, proliferation and proliferation financing.

[S 43A ins by s 20 of Act 6 of 2023.]

43B. De-listing, unfreezing and providing access to frozen funds or other assets

(1) The Minister may, on the recommendation of the Centre, de-list a person, group or entity if that person or entity meets the conditions for de-listing as prescribed.

(2) Where a person, group or entity meets the conditions for de-listing referred to under sub-section (1), the Centre shall direct a reporting entity to unfreeze the frozen funds or other assets of the person or entity.

(3) The Centre shall, where a person, group, or entity is inadvertently affected by an asset freeze, direct a relevant reporting entity to unfreeze the frozen funds or other assets on verification that the person, group or entity involved is not a designated or listed person, group, or entity.

[S 43B ins by s 20 of Act 6 of 2023.]

44. Prohibition on dealing with funds and economic resources

(1) Subject to section 52, a person, group or entity shall not deal with funds or economic resources which that person, group, or entity knows or reasonably suspects are owned, held or controlled by a designated person or entity, nationally listed person, group, or entity terrorist, terrorist organisation or proliferation related entity.

[S 44(1) subs by s 21 of Act 6 of 2023.]

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

(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 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.

45. Making funds or financial services available to designated or nationally listed person or entity prohibited

(1) Subject to sections 49 and 50, a person shall not make funds or financial services available, directly or indirectly, to a designated or nationally listed person or terrorist organisation or proliferation related entity if that person or entity knows, or reasonably suspects, that the person is making the funds or financial services so available for the purposes of terrorism or proliferation.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

46. Prohibition on making funds or financial services available for benefit of designated or nationally listed person, terrorist organisation or proliferation related entity

(1) A person shall not make funds or financial services available to another person or entity for the benefit of a designated or nationally listed person, terrorist organisation or proliferation related entity if that person or entity knows, or reasonably suspects that the other person or entity is making the funds or financial services available to a designated or nationally listed person, terrorist organisation or proliferation related entity for the purposes of terrorism, terrorism financing, proliferation or proliferation financing.

(2) For the purposes of this section, funds are made available for the benefit of a designated, listed or nationally listed person or entity if that person, group or entity thereby obtains, or is able to obtain, a financial benefit.

(3) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

47. Prohibition on making economic resources available to designated or nationally listed person, terrorist organisation or proliferation related entity

(1) Subject to section 52, a person, group, or entity shall not make economic resources available directly or indirectly, without express authority from the Centre as prescribed, to a designated or nationally listed person, terrorist organisation or proliferation related entity if that person or entity knows, or reasonably suspects that the—

(a) person, group, or entity is making the economic resources available to the designated or nationally listed person, terrorist organisation or proliferation related entity; and

(b) designated or nationally listed person, terrorist organisation or proliferation related entity would be likely to exchange the economic resources, or use the economic resources in exchange, for funds, goods, services or arms.

[S 47(1) subs by s 22 of Act 6 of 2023.]

(2) A person or entity that contravenes sub-section (1) commits an offence and is liable, on conviction, to imprisonment for life.

48. Prohibition of procuring, supplying, provision, import or export of weapons, arms and related materials, sanctioned items and technical advice, services, assistance and training

(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 or nationally listed person, 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 sub-section (1) is about to take place must 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 sub-section (2) must take immediate steps to prevent the performance or conclusion of the transaction.

(4) A person from the Republic or elsewhere commits an offence if that person, directly or indirectly —

(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 or terrorist acts to or from—

(i) a designated or nationally listed person or entity;

(ii) a person or entity controlled or owned directly or indirectly by a designated or nationally listed person, terrorist organisation or proliferation related entity referred to in paragraph (a); or

(iii) a person or entity acting on behalf of, or at the direction, of a designated or nationally listed person or entity mentioned in paragraph (a), using a Zambian or non-Zambian flagged vessel or aircraft or aircraft registered in Zambia.

(5) A person who commits an offence under sub-section (4) is liable, on conviction, to imprisonment for life.

(6) A person who, 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 or nationally listed person or entity;

(ii) a person or organisation controlled or owned directly or indirectly by a designated or nationally listed person, terrorist organisation or proliferation related entity referred to in paragraph (a); or

(iii) a person or entity acting on behalf of, or at the direction of a designated or nationally listed person or entity referred to in paragraph (a);

using a Zambian or non-Zambian flagged vessel or aircraft registered in Zambia, shall—

(A) follow the requirements of the applicable Security Council Sanctions Committees;

(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 10 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 exist to suspect a violation of applicable United Nations Security Council Resolutions and sanctions related to terrorism, terrorism financing, proliferation or proliferation financing;

[S 48(7)(a) subs by s 23(a)(i) of Act 6 of 2023.]

(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 Security Council resolutions and sanctions relating to terrorism, terrorism financing, proliferation and proliferation financing; or

(c) subject to the Forfeiture of Proceeds of Crime Act, cause the disposal of 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 or proliferation financing; and

[S 48(7)(b) subs by s 23(a)(ii) of Act 6 of 2023.]

(8) Where a search and inspection is refused by a flagged vessel of another State, the officer of customs or an authorised officer shall—

(a) through the Ministry responsible for foreign affairs, request the flag State permission to carry out a cargo search and inspection;

(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; or

(9) 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 sub-section (7)(a);

(b) seizure of an item subject to sanctions under sub-section (7)(b); or

[S 48(9) am by s 23(b) of Act 6 of 2023.]

(10) A person, entity and any officer of customs or an authorised officer, must cause the refusal of any bunkering service to be provided to a vessel or aircraft, where—

(a) reasonable grounds exist to suspect a 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.

(11) 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

(b) provide bunkering services in contravention of this Act.

(12) A person who contravenes this section, commits an offence and is liable, on conviction, to a fine not exceeding one million penalty units or imprisonment for a term not exceeding ten years, or to both.

(13) A person who facilitates a transaction knowing or reasonably suspecting that the transaction contravenes sub-section (1), commits an offence and is liable, on conviction, to imprisonment for life.

49. Prohibition of travel by designated or nationally listed person or terrorist organisation or proliferation related entity

(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 or nationally listed person 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 transport restricted goods specified in the Gazette notice referred to under sub-section (1) by road, water or air transportation within or outside the Republic.

(3) A person who contravenes sub-section (1) or (2) commits an offence and is liable, on conviction, to imprisonment for life.

(4) It is a defence for a person charged with an offence under this section to satisfy the court that the person did not know and had no reasonable cause to believe that the person they were carrying is a designated or nationally listed person.

[S 49 subs by s 24 of Act 6 of 2023.]

50. Prohibition of transit by designated or nationally listed person or entities

(1) A designated or nationally listed person 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.

[S 50(1) subs by s 25 of Act 6 of 2023.]

(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 Security Council referred to in sub-section (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.

51. Permitted transit

Despite the provisions of section 41, a designated or nationally listed person shall not be prevented from entering or transiting through the Republic where—

(a) the designated or nationally listed person is a citizen;

(b) the entry or transit is necessary for compliance with a judicial process; and

(c) the appropriate United Nations Sanctions Committee determines, on a case by case basis, that the entry or transit is justified.

52. Exceptions

(1) A reporting entity, supervisory authority, State institution and any other person or entity may credit a frozen account with—

(a) interest or other earnings due on the account; or

(b) payments due under contracts, agreements or obligations that were concluded or arose before the account was frozen.

[S 52(1) am by s 26(a) of Act 6 of 2023.]

(2) A reporting entity, supervisory authority, State institution and any other person or entity may credit a frozen account where it receives funds transferred to the account.

[S 52(2) am by s 26(a) of Act 6 of 2023.]

(3) A payment may be made which—

(a) is a benefit under or by virtue of a law relating to social security; and

(b) is to a person or entity that is not a designated or nationally listed person, terrorist organisation, or proliferation related entity whether or not the payment is made in respect of that designated or nationally listed person, terrorist organisation or proliferation related entity.

(4) A reporting entity, supervisory authority, State institution and any other person or entity shall inform the Centre without delay if it credits a frozen account in accordance with sub-section (1) or (2).

[S 52(4) am by s 26(a) of Act 6 of 2023.]

(5) In this section “frozen account” means an account with a reporting entity, supervisory authority, State institution and any other person or entity which has been restricted from transfer, conversion, disposition or movement of any funds or other assets by a reporting entity, supervisory authority, State institution and any other person or entity;

[S 52(5) subs by s 26(b) of Act 6 of 2023.]

(6) A person whose property has been frozen following a designation or national listing under this Act may submit a request to the Minister to release that property or a portion of that property to cover—

(a) necessary and basic expenses, including payments for rent or mortgage, foodstuffs, monthly family expenses, medicines and medical treatment, taxes, insurance premiums and public utility charges;

(b) fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources;

[S 52(6)(b) rep by s 26(c)(i) and s 52(6)(c) renumbered as s 52(6)(b) by s 26(c)(ii) of Act 6 of 2023.]

[S 52(6)(d) renumbered as s 52(6)(c) by s 26(c)(ii) of Act 6 of 2023.]

(d) in respect of funds frozen under UN SCR 1718 and 1737 (2006)—

(i) expenses necessary to honour any judicial, administrative or arbitral lien or judgment; or

(ii) payments due under contracts entered into prior to the listing of such person or entity, where—

(A) it has been 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 the relevant Security Council resolution;

(B) it has been determined that the payment is not directly or indirectly received by a person or entity designated pursuant to UN SCR 1737; and

(C) ten working days prior to the notification 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, has been given to the 1737 Sanctions Committee.

[S 52(6)(e) renumbered as s 52(6)(d) by s 26(c)(ii) of Act 6 of 2023.]

(7) The request to have funds released for expenses under sub-section (6)(a), (b) and (d), shall be assessed by the Centre within 14 working days, and if favourably considered, the request shall be directed to the relevant Sanctions Committee for its decision.

[S 52(7) am by s 26(d) of Act 6 of 2023.]

(8) The request to have funds released as outlined in sub-section (6) shall be—

(a) assessed by the Centre and if favourably considered, the request is forwarded to the relevant Sanctions Committee for its approval; and

(b) authorised by the Centre upon receipt of approval from the relevant Sanctions Committee.

[S 52(8) deleted and s 52(9) renumbered as s 52(8) by s 26(f) of Act 6 of 2023.]

53. Circumventing prohibitions

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 one million penalty units or to imprisonment for a term of ten years, or to both.

PART VI
INVESTIGATIONS

54. Power to arrest

An anti-terrorism officer or an authorised officer may arrest a person, without a warrant, where that officer has reasonable grounds to believe that the person has committed or is about to commit an offence under this Act.

[S 54 subs by s 27 of Act 6 of 2023.]

55. Power to detain

(1) An anti-terrorism officer or an authorised officer may detain a person for a period not exceeding 48 hours, where that officer has reasonable grounds to believe that the person has committed, or is about to commit, an offence under this Act.

(2) An anti-terrorism officer or authorised officer who detains a person under sub-section (1) shall, on the expiry of the 48 hours—

(a) produce the person before a judge unless the forty-eight hours ends outside ordinary court hours or on a day that is not an ordinary court day; and

(b) apply, in writing, to the judge or magistrate for an extension of time to detain that person in custody.

(3) An anti-terrorism officer or an authorised officer shall, in making an application under sub-section (2), specify the—

(a) nature of the offence for which the person has been detained;

(b) general nature of the evidence on which the person has been detained; and

(4) A judge or magistrate shall, in determining an application under sub-section (2)(b), consider any objection that the person who has been detained may have in relation to the application and may—

(a) release that person unconditionally;

(b) release that person subject to conditions that the judge or magistrate may impose to ensure that the person—

(i) does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the person has been detained; and

(ii) avails oneself for the purpose of facilitating the conduct of investigations; or

(5) Where a judge or magistrate makes an order for the remand of a person under subsection (4)(c), the period of remand shall not exceed 14 days.

(6) An anti-terrorism officer or an authorised officer who detains a suspect in respect of whom an order has been issued under sub-section (4)(c) may, at any time before the expiry of the period of remand specified by a judge or magistrate, apply to the judge or magistrate for an extension of that period.

(7) A judge or magistrate shall not make an order for the extension of the time for remand under sub-section (6) unless the judge or magistrate is satisfied, having regard to the circumstances for which an order was issued under sub-section (4)(c), it is necessary to grant the extension.

(8) Where a judge or magistrate grants an extension under sub-section (7), the period shall not, together with the period for which the person was first remanded in custody, exceed 45 days.

[S 55 subs by s 27 of Act 6 of 2023.]

56. Powers of investigation

(1) A judge or magistrate may issue a warrant authorising an anti-terrorism officer or an authorised officer to—

(a) enter any premises specified in the warrant;

(b) search any premises, any person and inspect any document, record, or thing, found in the premises; and

(2) A judge or magistrate shall not issue a warrant under sub-section (1) unless the judge or magistrate is satisfied that—

(a) the warrant is sought for the purpose of a terrorism or proliferation investigation; and

(b) there are reasonable grounds to believe that there is material on the premises which may be relevant to the terrorism or proliferation investigation.

[S 56 subs by s 27 of Act 6 of 2023.]

57. Power of investigation in cases of urgency

(1) Despite any other Act, an anti-terrorism officer or an authorised officer may, where, in a case of urgency, an application before a judge or magistrate for a warrant would cause delay that may be prejudicial to the maintenance of public safety or public order—

(a) enter and search any premises or place, if the anti-terrorism officer or an authorised officer has reason to suspect that, within those premises or at that place—

(i) an offence under this Act is being committed or is likely to be committed; or

(ii) there is evidence of the commission of an offence under this Act;

(b) search any person or vehicle found on any premises or place which the anti-terrorism officer or an authorised officer is empowered to enter and search under paragraph (a);

(c) stop, board and search any vessel, aircraft, or vehicle if the anti-terrorism officer or an authorised officer has reason to suspect that there is in it evidence of the commission or likelihood of the commission of an offence under this Act; or

(d) seize, remove and detain anything which is, contains or appears to contain, evidence of the commission of an offence under this Act.

(2) An anti-terrorism officer or an authorised officer who has exercised any power under this section shall bring the matter before a judge or magistrate within 48 hours of doing so and the judge or magistrate shall make orders that the judge or magistrate considers necessary in respect of the matter.

(3) Where a seizure is effected under this section, a list of all the articles seized shall be prepared and signed by the anti-terrorism officer or an authorised officer who effected the seizure and shall immediately be delivered—

(a) to the person on whom the search is made; or

(b) to the owner of the premises, place, vessel, aircraft, or vehicle searched.

[S 57 subs by s 27 of Act 6 of 2023.]

58. Power to intercept communication and admissibility of intercepted communications

An anti-terrorism officer or an authorised officer may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply to a judge to intercept communication in accordance with Part VI of the Cybersecurity and Cyber Crimes Act,.

[S 58 subs by s 27 of Act 6 of 2023.]

59. Power to obtain financial information

Without prejudice to the Financial Intelligence Centre Act, the Second Schedule shall have effect with respect to obtaining financial information for the purposes of a terrorist or proliferation investigation.

60. Disclosure of information

(1) A person commits an offence if that person, knowing or having reasonable cause to suspect that an anti-terrorism officer or an authorised officer is conducting a terrorist or proliferation investigation—

(a) discloses to another person anything which is likely to prejudice the investigation; or

(b) interferes with material which is likely to be relevant to the investigation.

(2) A person who commits an offence under sub-section (1) is liable, on conviction, to imprisonment for life.

(3) A person commits an offence if that person, knowing or having reasonable cause to suspect that a disclosure has been or will be made under sub-section (1)—

(a) discloses to another person anything which is likely to prejudice an investigation resulting from the disclosure under that section; or

(b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.

(4) A person who commits an offence under sub-section (3) is liable, on conviction, to imprisonment for life.

(5) It is a defence for a person charged with an offence under this section to satisfy the court—

(a) that the person did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist or proliferation investigation; or

(b) that the person had a reasonable excuse for the disclosure or interference.

(6) Nothing in this section applies to a disclosure which is made by a practitioner—

(a) to the practitioner’s client or to the client’s representative in connection with the provision of legal advice by the legal practitioner to the client and not with a view to furthering a criminal purpose; or

(b) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.

61. Special investigative techniques

An anti-terrorism officer or an authorised officer may in the performance of a function under this part, use special investigative techniques including controlled delivery, undercover operations, surveillance and use of informants as may be prescribed.

PART VII
EXCLUSION ORDERS

62. Making and effect of exclusion orders

(1) The Minister may in consultation with the Centre make an exclusion order against the person prohibiting the person from being in, or entering, Zambia where the Minister is satisfied that the person is—

(a) or has been involved in the commission, preparation or instigation of acts of terrorism, terrorism financing, proliferation or proliferation financing in Zambia; or

(b) attempting or may attempt to enter Zambia with a view to being involved in the commission, preparation or instigation of acts of terrorism, terrorism financing, proliferation or proliferation financing.

[S 62(1) am by s 28(a) of Act 6 of 2023.]

(2) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Zambia, the Minister shall have regard to the question whether that person’s connection with any country or territory outside Zambia is such as to make it appropriate that such an order should be made.

(3) An exclusion order shall not be made under this section against a person who is a citizen of Zambia.

(4) The First Schedule applies to exclusion orders.

(5) A person who is the subject of an exclusion order may apply to the High Court for review of the order.

[S 62(5) rep by s 28(b) and s 62(6) renumbered as s 62(5) by s 28(c) of Act 6 of 2023.]

63. Offences in connection with exclusion orders

(1) A person who is subject to an exclusion order and who fails to comply with the order at a time after the person has been, or has become liable to be, excluded under this Act commits an offence and is liable, on conviction, to imprisonment for a term of not less than 10 years but not exceeding 20 years.

(2) A person commits an offence if that person—

(a) knowingly gets involved in arrangements for securing or facilitating the entry into the Republic of a person whom that person knows, or has reasonable grounds to believe, is the subject of an exclusion order; or

(b) harbours the person under paragraph (a) in the Republic.

(3) A person who contravenes sub-section (2) commits an offence and is liable, on conviction, to imprisonment for a term of not less than 10 years but not exceeding 20 years.

PART VIII
MUTUAL ASSISTANCE EXTRADITION AND OTHER FORMS OF CO-OPERATION

64. Exchange of information

Without prejudice to the Mutual Legal Assistance in Criminal Matters Act, the Attorney-General may, at the request of a competent authority of a foreign State, disclose to that authority any information in the Attorney-General’s possession if the disclosure is not prohibited by any provision of law and will not be prejudicial to national security or to public safety relating to—

(a) the actions or movements of persons suspected of involvement in acts of terrorism, terrorism financing, proliferation or proliferation financing;

(b) the use of forged or falsified travel papers by persons involved in acts of terrorism, terrorism financing, proliferation or proliferation financing;

(c) traffic in weapons and sensitive materials by persons suspected of involvement in acts of terrorism or proliferation;

(d) the use of communications technologies by persons suspected of involvement in acts of terrorism, terrorism financing, proliferation or proliferation financing; and

(e) the commission of offences by any person against this Act.

65. Other requests from foreign States

(1) Where a foreign State makes a request for assistance in the investigation or prosecution of an offence constituting an act of terrorism, terrorism financing, proliferation or proliferation financing, or for the tracking, attachment or forfeiture of terrorist and proliferation property located in Zambia, the Attorney-General may—

(a) execute the request; or

(b) decline to execute the request, or delay its execution, and inform the foreign State making the request of the reasons therefor.

(2) Where the Attorney-General decides to execute a request for assistance under sub-section (1), the Attorney-General may in the manner prescribed apply to the High Court for—

(a) an order in writing authorising an officer—

(i) to search the premises, search any person and inspect any document, record or thing, found therein; and

(ii) to seize and retain any relevant material, including any relevant document, record or thing, found therein;

(b) a property tracking order;

(d) an order for forfeiture of property.

66. Requests to foreign States

(1) The Attorney-General may make a request to a foreign State—

(a) to provide evidence or information relevant to an offence under this Act;

(b) for the tracking, attachment or forfeiture of terrorist, terrorism financing, proliferation or proliferation financing, funds and property located in that State; or

(c) without delay, to freeze all property, funds or other assets belonging to, or suspected to belong to, a nationally listed a person, group or entity or a designated person or entity including funds derived from property owned or controlled directly or indirectly by listed or designated persons.

[S 66(1)(c) ins by s 29 of Act 6 of 2023.]

(2) The Attorney-General may, in respect of any proceedings for an offence under this Act, apply to the High Court for an order directed to any person resident in a foreign State to appear before court or deliver any document, record, material or thing in that person’s possession or under that person’s control to the jurisdiction of the court or, subject to the approval of the foreign State, to the jurisdiction of a court of the foreign State for the purpose of giving evidence in relation to those proceedings.

(3) Evidence taken, pursuant to a request under this section, in any proceedings in a court of a foreign State may, if it is authenticated, be admitted in evidence in any proceedings to which it relates.

(4) For the purposes of sub-section (3), a document is authenticated if—

(a) it purports to be signed or certified by a judge, magistrate or officer in or of a foreign State; and

(b) it purports to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal of a Minister, the Ministry responsible for foreign matters, Department, or an officer in or of the Government of the foreign State.

67. Form of request

(1) A request under section 64 or 65 shall be in writing and shall be dated and signed by or on behalf of the person making the request.

(2) A request may be transmitted in writing or by an electronic device.

(3) A request shall—

(a) confirm either that an investigation or prosecution is being conducted in respect of a suspected offence related to terrorism, terrorism financing, proliferation or proliferation financing or that a person has been convicted of an offence related to terrorism, terrorism financing, proliferation or proliferation financing;

(b) state the grounds on which any person is being investigated or prosecuted for an offence related to terrorism, terrorism financing, proliferation or proliferation financing or details of the conviction of the person;

(d) give particulars sufficient to identify any bank, financial institution or financial service provider or other person believed to have information, document, record or materials which may be of assistance to the investigation or prosecution;

(e) request assistance to obtain from a bank, financial institution, financial service provider or other person any information, document, record or material which may be of assistance to the investigation or prosecution;

(f) specify the manner in which and the person to whom any information, document, record or material obtained pursuant to the request is to be produced;

(g) state whether an attachment order or forfeiture order is required and identify the property to be the subject of such an order; and

(h) contain such other information as may assist the execution of the request.

(4) A request shall not be invalidated for purposes of this Act or any legal proceedings by virtue of a failure to comply with sub-section (3) where the Attorney-General is satisfied that there is sufficient compliance to enable the execution of the request.

68. Counter-terrorism convention as basis of extradition

(1) Where Zambia is a party to a counter-terrorism convention and there is in force an extradition agreement between the Government of Zambia and another State which is a party to that convention, the extradition agreement shall be deemed, for the purposes of the Extradition Act, to include provision for extradition in respect of offences falling within the scope of that convention.

(2) Where Zambia is a party to a counter-terrorism convention and there is no extradition agreement in force between the Government of Zambia and another State which is a party to that convention, the Minister responsible for foreign affairs may, by order published in the Gazette, deem the counter-terrorism convention, for the purposes of the Extradition Act, to be an extradition agreement between the Government of Zambia and that State, providing for extradition in respect of offences falling within the scope of that convention.

PART IX
GENERAL PROVISIONS

69. Establishment of Victims of Terrorism Fund

(1) There is established the Compensation of Victims of Terrorism Fund, which shall be administered in accordance with rules to be made by the Minister.

(2) There shall be paid into the Fund—

(a) such fines as shall be imposed and paid pursuant to any convictions under this Act;

(b) grants, gifts, donations or bequests received by the Fund with the approval of the Minister; and

69A. Offence

A court shall not grant bail in respect of an offence under this Act for which the penalty is life imprisonment

[S 69A ins by s 30 of Act 6 of 2023.]

70. Immunity

An action or other proceedings shall not lie or be instituted against a member, a committee or a member of staff of the Centre, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance of any of the powers, functions or duties conferred under this Act.

[S 70 am by s 31 of Act 6 of 2023.]

71. Regulations

(1) The Minister may, by statutory instrument, in consultation with the centre, make regulations that are necessary to give effect to the provisions of this Act.

(2) Without prejudice to the generality of sub-section (1), the regulations made thereunder may—

(a) provide for measures to implement applicable United Nations Security Council and other Resolutions;

(b) provide procedures for listing and delisting of persons, entities or contracts;

(d) provide for the protection of third party rights;

(e) prescribe offences and penalties for contravention of or failure to comply with the regulation made pursuant to this Act up to a maximum of life imprisonment; and

(f) prescribe all matters required to be prescribed under this Act.

(3) The Minister may, by statutory instrument, amend the Schedules.

72. Offences by principal officer or shareholder of body corporate or unincorporated body

Where an offence under this Act is committed by a body corporate or unincorporated body, and the director, manager or shareholder of that body is suspected to have committed the offence and is charged of that offence, that director, manager or shareholder of the body corporate or unincorporated body is liable, on conviction, to the penalty specified for the offence, unless the director, manager or shareholder proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director, manager or shareholder or that the director, manager or shareholder took reasonable steps to prevent the commission of the offence.

72A. Administrative sanctions

(1) The Centre may, where a person, group, or entity is in breach of a provision of this Act which is not a criminal offence, imposes one or more of the following administrative sanctions—

(a) a caution not to repeat the conduct which led to the non-compliance with a provision of this Act;

(b) a reprimand;

(d) the restriction or suspension of certain specified business activities; and

(e) a penalty not exceeding thirty million penalty units.

(2) The Centre shall consider the following factors when determining an appropriate administrative sanction—

(a) the nature, duration, seriousness, and extent of the relevant non-compliance;

(b) whether the reporting entity has previously failed to comply with any relevant law;

(d) any steps taken or to be taken against the reporting entity by—

(i) another supervisory authority; or

(ii) a professional association which the reporting entity is a member; and

(e) any other relevant factor, including mitigating factors.

(3) The Centre shall, before imposing an administrative sanction, give the person, group, or entity fourteen days notice in writing specifying—

(a) the nature of the alleged non-compliance;

(b) the intention to impose an administrative sanction;

(d) that the person, group or entity may, in writing, within a period specified in the notice, make representations as to the reasons the administrative sanction should not be imposed.

(4) A person, group or entity may, within 30 days of receipt of an administrative sanction, appeal to the High Court against an administrative sanction imposed by the Centre.

(5) The Centre may issue a public notice of any sanctions imposed against a reporting entity.

[S 72A ins by s 32 of Act 6 of 2023.]

73. Rules of court

The Chief Justice may, by rules of court, make provision with respect to the procedure on applications to any court under this Act.

74. General penalty

A person who contravenes a provision of this Act for which a specific penalty is not provided for shall, on conviction, be liable to a fine not exceeding one million penalty units or to imprisonment for a term not exceeding ten years or to both.

75. Offences to be cognizable

An offence under this Act is a cognizable offence for the purposes of the Criminal Procedure Code.

76. Repeal of Act No. 21 of 2007

The Anti-Terrorism Act, 2007 is repealed.

FIRST SCHEDULE

[Section 62(4)]

[First Schedule subs by s 33 of Act 6 of 2023.]

EXCLUSION ORDERS

1. Duration

(1) An exclusion order may be revoked at any time by a further order made by the Minister.

(2) The revocation of an exclusion order against a person shall not prevent the making of a further exclusion order against the person.

2. Notice of order

(1) A notice of the making of an exclusion order shall be served on the person against whom it has been made within 14 days of the making of the order.

(2) Nothing in this paragraph imposes an obligation to take any steps to serve a notice on a person at a time when the person is outside the Republic.

(3) Where the person against whom an exclusion order is made is not for the time being detained by virtue of this Act, notice of the making of the order may be served on the person by posting it to the person’s last known address or by the publication of a notice in the Gazette or newspaper of general circulation in the area.

3. Directions for removal

(1) The Minister may, in consultation with the Centre, give directions for the removal from the Republic of any person who is the subject of an exclusion order.

(2) Any person who without reasonable excuse fails to comply with the directions given to that person under this paragraph commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

4. Detention pending removal

(1) A person in respect of whom directions for removal may be given under paragraph 3 may be detained pending the giving of such directions and pending removal in pursuance of the directions.

(2) An anti-terrorism officer or an authorised officer may arrest, without warrant, a person liable to be detained under this paragraph.

(3) A captain of a ship or aircraft, if so required by an anti-terrorism officer or an authorised officer shall prevent any person on board the ship or aircraft from disembarking in the Republic.

(4) Where a captain of a ship or aircraft is required to prevent a person from disembarking, the captain may for that purpose detain the person in custody on board the ship or aircraft.

(5) A captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under this Act commits an offence and is liable on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding eighty thousand penalty units or to both.

(6) An anti-terrorism officer or authorised officer may remove a person from a vessel, aircraft or vehicle, for detention under this Act.

5. Provisions supplementary to detention

(1) If a judge or magistrate is satisfied that there are reasonable grounds for suspecting that a person who is the subject of an exclusion order is to be found on any premises, the judge or magistrate may grant a search warrant authorising an anti-terrorism officer or authorised officer to enter the premises for the purpose of searching for and arresting that person.

(2) A person detained under this Schedule shall be deemed to be in legal custody at any time when the person is detained in police custody in the Republic otherwise than on board a ship, vehicle or aircraft.

(3) Where a person is detained under this Schedule, any anti-terrorism officer or other authorised officer may take all steps that may be reasonably necessary for identifying the person.

SECOND SCHEDULE

[Section 2(1)]

[Second Schedule subs by s 33 of Act 6 of 2023.]

COUNTER TERRORISM CONVENTIONS

1. The Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963;

2. The Convention for the Suppression of Unlawful Seizure of Aircraft of 1970;

3. The Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971 and the Protocol thereto of 1984;

4. The New York Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents of 1973;

5. The International Convention against the Taking of Hostages of 1979;

6. The Convention on the Physical Protection of Nuclear Material of 1980;

7. The United Nations Convention on the Law of the Sea of 1982;

8. 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;

9. The Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf of 1988;

10. The Convention for the Suppression of Unlawful Acts against Maritime Navigation of 1988;

11. The Convention on the Marking of Plastic Explosives of 1991;

12. The International Convention for the Suppression of Terrorist Bombings of 1997;

13. The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1977;

14. The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971;

15. The Organisation of African Unity Convention on the Prevention and Combating of Terrorism, 1999; and

16. The International Convention for the Suppression of the Financing of Terrorism, 1999.

ANTI-TERRORISM AND NON-PROLIFERATION ACT

PART IPRELIMINARY

PART IITHE NATIONAL ANTI-TERRORISM CENTRE

PART IIITERRORISM AND PROLIFERATION OFFENCES

PART IVDECLARED TERRORIST ORGANISATION OR PROLIFERATION RELATED ENTITY

PART VRESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR NATIONALLY LISTED PERSONS

PART VIINVESTIGATIONS

PART VIIEXCLUSION ORDERS

PART VIIIMUTUAL ASSISTANCE EXTRADITION AND OTHER FORMS OF CO-OPERATION

PART IXGENERAL PROVISIONS

FIRST SCHEDULE

SECOND SCHEDULE

PART I
PRELIMINARY

PART II
THE NATIONAL ANTI-TERRORISM CENTRE

PART III
TERRORISM AND PROLIFERATION OFFENCES

PART IV
DECLARED TERRORIST ORGANISATION OR PROLIFERATION RELATED ENTITY

PART V
RESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR NATIONALLY LISTED PERSONS

PART VI
INVESTIGATIONS

PART VII
EXCLUSION ORDERS

PART VIII
MUTUAL ASSISTANCE EXTRADITION AND OTHER FORMS OF CO-OPERATION

PART IX
GENERAL PROVISIONS