The Anti-Terrorism and Non-Proliferation (Amendment) Act.

An Act to amend the Anti-Terrorism and Non-Proliferation
Act, 2018
[ 18th April, 2023
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Anti-Terrorism and Non-
Proliferation (Amendment) Act, 2022, and shall be read as one
with the Anti-Terrorism and Non-Proliferation Act, 2018, in this
Act referred to as the principal Act. 2. Section 2 (1) of the principal Act is amended by—
(a) the deletion of the definitions of “article”, “authorised
officer”, “Counter Terrorism Convention”, “national
listing” and “vessel” and the substitution therefor of the
following in the appropriate places in alphabetical order:
“article” means any utensil, equipment, instrument,
tool or any other implement used to commit or
attempt to commit an act of terrorism or
proliferation;
“authorised officer” means—
(a) a police officer;
(b) officer of the Zambia Revenue Authority;
(c) an immigration officer;
(d) officer of the Defence Force;
Anti-Terrorism and Non-Proliferation
(Amendment)
Enactment
Short title
[No. 6 of 2023 99
Act No. 6 of
2018
Amendment
of
section 2
GOVERNMENT OF ZAMBIA
ACT
No.

rorism and Non-Proliferation
(Amendment)
Enactment
Short title
[No. 6 of 2023 99
Act No. 6 of
2018
Amendment
of
section 2
GOVERNMENT OF ZAMBIA
ACT
No.

6 of 2023
Date of Assent: 14th April, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

te of Assent: 14th April, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

Anti-Terrorism and Non-Proliferation
(Amendment)
100 No.

Anti-Terrorism and Non-Proliferation
(Amendment)
100 No.

6 of 2023]
(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;
“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,
2016;
“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; and
“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
(b) insertion of the following new definitions in the appropriate
places in alphabetical order:
“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;
“designated person or entity” means a person or entity
designated by the relevant United Nations
Security Council Committee;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“entity” means trust partnership, fund or an
incorporated association or organisation;
Cap.

Emoluments
Commission established under the Constitution;
“entity” means trust partnership, fund or an
incorporated association or organisation;
Cap.

466
Cap.1
Act No. 34
of 2016

466
Cap.1
Act No. 34
of 2016

Anti-Terrorism and Non-Proliferation
(Amendment) [No.

Anti-Terrorism and Non-Proliferation
(Amendment) [No.

6 of 2023 101
“financial service” has the meaning assigned to the
words in the Banking and Financial Services Act,
2017;
“funds or other assets”includes—
(a) financial assets;
(b) economic resources, oil and other natural
resources;
(c) property, whether tangible or intangible,
or movable or immovable, however
acquired;
(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;
“freeze” means the prohibitation 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;
“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;
“State institution” has the meaning assigned to the
words in the constitution;
“supervisory authority”has the meaning assigned to
the words in the Financial Intelligence Centre
Act, 2010;
Act No.

to the
words in the constitution;
“supervisory authority”has the meaning assigned to
the words in the Financial Intelligence Centre
Act, 2010;
Act No.

7 of
2017
Cap.1
Act No. 46
of 2010

7 of
2017
Cap.1
Act No. 46
of 2010

“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);
“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
Anti-Terrorism and Non-Proliferation
(Amendment)
102 No.

mmission of terrorism, terrorism financing,
proliferation or proliferation financing, knowing
Anti-Terrorism and Non-Proliferation
(Amendment)
102 No.

6 of 2023]

6 of 2023]

that the skills provided are intended to be used
for the commission of terrorism, terrorism
financing, proliferation or proliferation financing;
and
“without delay” means within twenty-four hours. 3. The principal Act is amended by the repeal of section 5
and the substitution therefor of the following:
5. (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. 4. Section 6 (2) of the principal Act is amended by deletion
of paragraph (b) and the substitution therefor of the following:
(b) collect, solicit, integrate and analyse intelligence pertaining
to terrorism, proliferation and proliferation financing;. 5.

for of the following:
(b) collect, solicit, integrate and analyse intelligence pertaining
to terrorism, proliferation and proliferation financing;. 5.

Section 7 of the principal Act is amended—
(a) in subsection (1), by the deletion of paragraph (c) and the
substitution therefor of the following paragraphs:
(c) a representative each, responsible for operations,
from the—
(i) Zambia Army;
(ii) Zambia Air Force;
(iii) Zambia National Service;
(iv) Zambia Correctional Service; and
(v) Department of Immigration; and
(vi) Drug Enforcement Commission
(d) a representative of the—
(i) Attorney-General; and
(ii) Financial Intelligence Centre;
(e) a representative from any other relevant institution
that the Minister may consider necessary for
purposes of this Act; and
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 103
Repeal and
replacement
of
section 5
Continuation
of National
Anti-
Terrorism
Centre
Amendment
of
section 7
Amendment
of
section 6

) [No. 6 of 2023 103
Repeal and
replacement
of
section 5
Continuation
of National
Anti-
Terrorism
Centre
Amendment
of
section 7
Amendment
of
section 6

(b) by the deletion of subsection (2) and the substitution
therefor of the following:
(2) The institutions or organisations referred to in
subsection (1) shall nominate their
representatives for appointment by the Minister. 6. The principal Act is amended by the insertion of the
following new section immediately after section 9:
9A. 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. 7. Section 11 of the principal Act is amended —
(a) in subsection (2), by the deletion of paragraph (c) and the
substitution therefor of the following:
(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
(b) in subsection (6), by the deletion of the words “ and
proliferation”. 8. The principal Act is amended by the repeal of section 12
and the substitution therefor of the following:
12.

ion of the words “ and
proliferation”. 8. The principal Act is amended by the repeal of section 12
and the substitution therefor of the following:
12.

(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 subsection (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. Anti-Terrorism and Non-Proliferation
(Amendment)
104 No. 6 of 2023]
Insertion of
section 9A
Allowances
Amendment
of
section 11
Repeal and
replacement
of
section 12
Anti-
terrorism
officer

(Amendment)
104 No. 6 of 2023]
Insertion of
section 9A
Allowances
Amendment
of
section 11
Repeal and
replacement
of
section 12
Anti-
terrorism
officer

(4) An anti-terrorism officer may, on production of the identity
card or a certificate of appointment issued under subsection (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. 9. Section 14 (2) of the principal Act is amended by the deletion
of the words “and proliferation” immediately after the word “anti-
terrorism”. 10. The principal Act is amended by the repeal of section 18
and the substitution therefor of the following:
18. (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 subsection (1) commits
an offence and is liable, on conviction, to a fine not
exceeding three hundred thousand penalty units. 11. The principal Act is amended by the repeal of section 20
and the substitution therefor of the following:
20.

three hundred thousand penalty units. 11. The principal Act is amended by the repeal of section 20
and the substitution therefor of the following:
20.

(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. Anti-Terrorism and Non-Proliferation
(Amendment) [No.

ere used to commit a terrorist act or proliferation
or, were linked to a specific terrorist act. Anti-Terrorism and Non-Proliferation
(Amendment) [No.

6 of 2023 105
Amendment
of
section 14
Repeal and
replacement
of
section 18
Reporting
Repeal and
replacement
of section
20
Prohibition
of terrorism
financing or
proliferation
financing

n 14
Repeal and
replacement
of
section 18
Reporting
Repeal and
replacement
of section
20
Prohibition
of terrorism
financing or
proliferation
financing

(5) A person who contravenes subsection (1), (2) and
(3) commits an offence and is liable on conviction to
imprisonment for life. 12. The principal Act is amended by the repeal of section 22. 13. The principal Act is amended by the repeal of section 23
and the substitution therefor of the following:
23. (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.

n 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 subsections (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
Anti-Terrorism and Non-Proliferation
(Amendment)
106 No. 6 of 2023]
Repeal and
replacement
of
section 23
Repeal and of
section 22
Prohibition
of training
terrorism
financing or
proliferation

endment)
106 No. 6 of 2023]
Repeal and
replacement
of
section 23
Repeal and of
section 22
Prohibition
of training
terrorism
financing or
proliferation

(b) an invitation to receive instruction or training for
terrorism or proliferation may be general or
targeted specifically to one or more persons. 14. Section 30 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (2):
(3) It shall be a defence for a person charged with an offence
under subsection (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. 15. Section 32(1) of the principal Act is amended by the deletion
of paragraph (a) and the substitution therefor of the following:
(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;. 16.

feration financing,
irrespective of an occurrence of a terrorist act or
proliferation whether or not the funds have been used
to commit that act;. 16.

Section 36 of the principal Act is amended by the—
(a) deletion of subsection (3); and
(b) renumbering of subsection (4) as subsection (3). 17. Section 41 of the principal Act is amended by the—
(a) deletion of figure “(1)” immediately after figure “41”;
and
(b) deletion of subsection (2). 18. The principal Act is amended by the repeal of section 42
and the substitution therefor of the following:
42. (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;
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 107
Amendment
of
section 30
Amendment
of
section 32
Amendment
of
section 36
Amendment
of
section 41
Repeal and
replacement
of
section 42
Support and
meetings

ndment
of
section 30
Amendment
of
section 32
Amendment
of
section 36
Amendment
of
section 41
Repeal and
replacement
of
section 42
Support and
meetings

(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. 19. The principal Act is amended by the repeal of section 43
and the substitution therefor of the following:
43. (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 subsection (1), the Minister shall propose
persons or entities to the relevant United Nations Security
Council Committee for designation.

) Subject to subsection (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, 2010. Anti-Terrorism and Non-Proliferation
(Amendment)
108 No. 6 of 2023]
National list
and United
Nations
Sanctions
List
Repeal and
replacement
of
section 43
Act No. 18
of 2010

n-Proliferation
(Amendment)
108 No. 6 of 2023]
National list
and United
Nations
Sanctions
List
Repeal and
replacement
of
section 43
Act No. 18
of 2010

20. The principal Act is amended by the insertion of the following
new sections immediately after section 43:
43A.

20. The principal Act is amended by the insertion of the following
new sections immediately after section 43:
43A.

(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
(c) at the direction of a nationally listed
person, group or entity, or designated
person or entity; and
(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 delisting
process after the national listing or designation has taken
effect; and
(c) publicise the national list without delay in a national news
paper of general circulation and on its website.

or designation has taken
effect; and
(c) publicise the national list without delay in a national news
paper of general circulation and on its website.

(2) Subject to subsection (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. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 109
Insertion of
sections 43A
and 43B
Freezing of
funds or
other assets
of designated
or nationally
listed person
or entity

(Amendment) [No. 6 of 2023 109
Insertion of
sections 43A
and 43B
Freezing of
funds or
other assets
of designated
or nationally
listed person
or entity

43B. (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 subsection (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. 21. Section 44 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(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. 22.

led
by a designated person or entity, nationally listed person, group or
entity terrorist, terrorist organisation or proliferation related entity. 22.

Section 47 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(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. 23.

related entity would be likely to exchange the
economic resources, or use the economic resources in exchange,
for funds, goods, services or arms. 23.

Section 48 of the principal Act is amended in—
(a) in subsection (7)—
(i) by the deletion of paragraph (a) and the
substitution therefor of the following:
(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
Anti-Terrorism and Non-Proliferation
(Amendment)
110 No. 6 of 2023]
De-listing,
unfreezing
and
providing
access to
frozen funds
or other
assets
Amendment
of section
44
Amendment
of
section 47
Amendment
of
section 48

3]
De-listing,
unfreezing
and
providing
access to
frozen funds
or other
assets
Amendment
of section
44
Amendment
of
section 47
Amendment
of
section 48

violation of applicable United Nations
Security Council Resolutions and
sanctions related to terrorism, terrorism
financing, proliferation or proliferation
financing;; and
(ii) by the deletion of paragraph (c) and the substitution
therefor of the following:
(c) subject to the Forfeiture of Proceeds of
Crime Act, 2010, 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
(b) in subsection (9), by the deletion of the
words “Minister of the action taken
within fourteen” and the substitution
therefor of the words “Centre of the
action taken within seven”. 24. The principal Act is amended by the repeal of section 49
and the substitution therefor of the following:
49.

re of the
action taken within seven”. 24. The principal Act is amended by the repeal of section 49
and the substitution therefor of the following:
49.

(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 subsection (1) by road,
water or air transportation within or outside the Republic. (3) A person who contravenes subsection (1) or (2)
commits an offence and is liable, on conviction, to
imprisonment for life. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 111
Act No. 19
of 2010
Repeal and
replacement
of
section 49
Prohibition
of travel by
designated or
nationally
listed person
or terrorist
organisation
or
proliferation
related entity

nd
replacement
of
section 49
Prohibition
of travel by
designated or
nationally
listed person
or terrorist
organisation
or
proliferation
related entity

(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. 25. Section 50 of the principal Act is amended by the deletion of
subsection (1) and the substitution therefor of the following:
(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. 26.

all not
enter or transit through the Republic if the entry or transit
would be contrary to a determination of the United Nations
Security Council. 26.

Section 52 of the principal Act is amended—
(a) by the deletion of the words “reporting entity”, wherever
the words appear , and the substitution therefor of the
words “reporting entity, supervisory authority, State
institution and any other person or entity”;
(b) by the deletion of subsection (5) and the substitution
therefor of the following:
(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;
(c) in subsection (6), by the—
(i) deletion of paragraph (b); and
(ii) renumbering of paragraphs (c), (d) and (e) as
paragraphs (b), (c) and (d), respectively;
(d) in subsection (7), by the deletion of the words “subsection
(6)(a), (b), (c) and (e)”and the substitution therefor of
the words “subsection (6) (a), (b) and (d)”;
(e) by the deletion of subsection (8); and
(f) by the renumbering of subsection (9) as subsection (8). Anti-Terrorism and Non-Proliferation
(Amendment)
112 No.

e deletion of subsection (8); and
(f) by the renumbering of subsection (9) as subsection (8). Anti-Terrorism and Non-Proliferation
(Amendment)
112 No.

6 of 2023]
Amendment
of
section 50
Amendment
of
section 52

6 of 2023]
Amendment
of
section 50
Amendment
of
section 52

27. The principal Act is amended by the repeal of sections 54,
55, 56, 57 and 58 and the substitution therefor of the following:
54. 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. 55. (1) An anti-terrorism officer or an authorised officer
may detain a person for a period not exceeding forty-eight
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 subsection (1) shall, on the expiry
of the forty eight 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.

ay 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 subsection (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
(c) reasons necessitating the continued holding of that
person in custody. (4) A judge or magistrate shall, in determining an
application under subsection (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;
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 113
Power to
detain
Power to
arrest
Repeal and
replacement
of sections
54, 55, 56,
57 and 58

errorism and Non-Proliferation
(Amendment) [No. 6 of 2023 113
Power to
detain
Power to
arrest
Repeal and
replacement
of sections
54, 55, 56,
57 and 58

(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
(c) make an order for the remand of the person in
custody. (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 fourteen days. (6) An anti-terrorism officer or an authorised officer
who detains a suspect in respect of whom an order has
been issued under subsection (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 subsection (6)
unless the judge or magistrate is satisfied, having regard to
the circumstances for which an order was issued under
subsection (4)(c), it is necessary to grant the extension.

strate is satisfied, having regard to
the circumstances for which an order was issued under
subsection (4)(c), it is necessary to grant the extension.

(8) Where a judge or magistrate grants an extension
under subsection (7), the period shall not, together with the
period for which the person was first remanded in custody,
exceed forty-five days. 56. (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
(c) seize and retain any relevant material, including any
relevant document, record or thing found in the
premises. Anti-Terrorism and Non-Proliferation
(Amendment)
114 No. 6 of 2023]
Powers of
investigation

relevant document, record or thing found in the
premises. Anti-Terrorism and Non-Proliferation
(Amendment)
114 No. 6 of 2023]
Powers of
investigation

(2) A judge or magistrate shall not issue a warrant
under subsection (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. 57.

re are reasonable grounds to believe that there is
material on the premises which may be relevant
to the terrorism or proliferation investigation. 57.

(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.

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 forty eight
hours of doing so and the judge or magistrate shall make
orders that judge or magistrate considers necessary in
respect of the matter. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 115
Powers of
investigation
in cases of
urgency

rs necessary in
respect of the matter. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 115
Powers of
investigation
in cases of
urgency

(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. 58. 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 Cyber Security and Cyber Crimes Act, 2021. 28. Section 62 of the principal Act is amended—
(a) in subsection (1), by the insertion of the words “in
consultation with the Centre,” immediately after
the word “may”;
(b) by the deletion of subsection (5); and
(c) by the renumbering of subsection (6) as subsection
(5). 29.

Centre,” immediately after
the word “may”;
(b) by the deletion of subsection (5); and
(c) by the renumbering of subsection (6) as subsection
(5). 29.

Section 66 (1) of the principal Act is amended by the
insertion of the following new paragraph immediately after
paragraph (b):
(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. 30. The principal Act is amended by the insertion of the
following new section immediately after section 69:
69A A court shall not grant bail in respect of an
offence under this Act for which the penalty is life
imprisonment
31. Section 70 of the principal Act is amended by the deletion
of the word “Agency” and the substitution therefor of the word
“Centre”. 32. The principal Act is amended by the insertion of the following
new section immediately after section 72:
Anti-Terrorism and Non-Proliferation
(Amendment)
116 No. 6 of 2023]
Act No. 2 of
2021
Amendment
of section 62
Amendment
of section 66
Insertion of
section 69A
Insertion of
section 72A
Power to
intercept
communication
and admissibility
of intercepted
communications
Amendment
of section
70
Offence

section 69A
Insertion of
section 72A
Power to
intercept
communication
and admissibility
of intercepted
communications
Amendment
of section
70
Offence

72A. (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, impose 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;
(c) a directive to take remedial action or to make specific
arrangements to redress the identified non-
compliance;
(d) the restriction or suspension of certain specified
business activities; and
(e) a penalty not exceeding thirty million penalty units. (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;
(c) any remedial steps taken by the reporting entity to
prevent a recurrence of the non-compliance;
(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.

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;
(c) an amount or particulars of the intended administrative
sanction; and
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 117
Administrative
sanctions

particulars of the intended administrative
sanction; and
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 117
Administrative
sanctions

(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 thirty 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.
33. The principal Act is amended by the repeal of the First
and Second Schedules and the substitution therefor of the Schedules
set out in the Appendix.
34. The principal Act is amended by the deletion of the words
“financing of terrorism” wherever the words appear, except in
the Second Schedule, and the substitution therefor of words
“terrorism financing”.
Anti-Terrorism and Non-Proliferation
(Amendment)
118 No. 6 of 2023]
Repeal and
replacement
of First and
Second
Schedules
General
Amendment

financing”.
Anti-Terrorism and Non-Proliferation
(Amendment)
118 No. 6 of 2023]
Repeal and
replacement
of First and
Second
Schedules
General
Amendment

APPENDIX
(Section 33)
FIRST SCHEDULE
(Section 62(4))
EXCLUSION ORDERS
1. (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. (1) A notice of the making of an exclusion order shall be
served on the person against whom it has been made within fourteen
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. (1) The Minister may, in consultation with the Centre, give
directions for the removal from the Republic any person who is the
subject of an exclusion order.

Minister may, in consultation with the Centre, give
directions for the removal from the Republic 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. (1) A person in respect of whom directions for removal
may be given under paragraph 3 may be detained pending the giving
of 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. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 119
Duration
Notice of
order
Directions
for removal
Detention
pending
removal

ragraph. Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 119
Duration
Notice of
order
Directions
for removal
Detention
pending
removal

(3) A captain of a ship or aircraft, if so required by an anti-
terrorism 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 two hundred
thousand penalty units, or to both. (6) An anti-terrorism officer or an authorised officer may
remove a person from a vessel, aircraft or vehicle, for detention
under this Act. 5. (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 an authorised officer to enter the premises for the purpose
of searching for and arresting that person.

rrant authorising an anti-terrorism
officer or an 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. Anti-Terrorism and Non-Proliferation
(Amendment)
120 No. 6 of 2023]
Provisions
supplementary
to detention

onably necessary for identifying the person. Anti-Terrorism and Non-Proliferation
(Amendment)
120 No. 6 of 2023]
Provisions
supplementary
to detention

SECOND SCHEDULE
(Section 2 (1))
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 Unlaw ful Acts against Maritime Navigation of
1988;
11.

Platforms
Located on the Continental Shelf of 1988;
10. The Convention for the Suppression of Unlaw ful 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, 19
Anti-Terrorism and Non-Proliferation
(Amendment) [No. 6 of 2023 121

122