1 Citation and commencement

This Order may cited as the Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002 and shall come into force on 1st August 2002.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see above.

2 Extent

2Extent

(1)    This Order extends to the following territories—

Anguilla

Falkland Islands

Montserrat

St Helena and Dependencies

Turks and Caicos Islands

Virgin Islands.

(2)    In the application of this Order to any of the said territories the expression “the Territory” means that territory.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

3 Interpretation: general

3Interpretation: general

(1)    In this Order, unless the contrary intention appears—

“act” and “action” include omission,

“article” includes substance and any other thing,

“Attorney General” means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General,

“constable” includes an officer of the police force of the Territory, and, in the application to Anguilla of the provisions of this Order relating to the disclosure of information, also includes the Reporting Authority constituted under the Money Laundering Reporting Authority Act of that territory,

“customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls,

“Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory,

“Governor” means the person for the time being lawfully administering the government of the Territory,

“immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control,

“premises” includes any place and in particular includes a vehicle and a tent or moveable structure,

“property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,

“Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court),

“terrorist investigation” means an investigation of—

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

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

(c)    the commission, preparation or instigation of an offence under this Order, and

“vehicle” includes an aircraft, hovercraft, train or vessel.

(2)    In this Order—

(a)    references to conviction on indictment are references to conviction after trial before the Supreme Court,

(b)    references to summary conviction are references to conviction after trial by a magistrates' court,

(c)    references to a magistrates' court are references to a court of the Territory (however styled and however composed) which is subordinate to the Supreme Court and which is authorised by the law of the Territory to exercise general jurisdiction in criminal matters (but do not include references to a court exercising jurisdiction under a law governing a disciplined force or a penal establishment), and

(d)    “the statutory maximum” means the fine prescribed by the law of the Territory, as for the time being in force, as the upper limit of the fines that a magistrates' court may impose on offenders in respect of any single criminal offence (disregarding any special provision authorising a greater fine to be imposed in respect of any particular offence) or, if the law of the Territory, as so in force, prescribes no such limit, means a fine of such amount (not being excessive in the circumstances of the case) as the court thinks fit.

(3)    Where any provision of this Order confers any function on the Governor, it is to be construed as conferring that function on him to be exercised by him acting in his discretion.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Accounting99 Criminal Procedure99 Transport Law97 Admiralty, Shipping & Navigation97 Offences against the State & the General Public91 Terrorism93 Criminal Law & Disposition of Offenders91 Hovercraft97 Commercial Law97 Trials99 Money Laundering99

4 Terrorism: Interpretation

4Terrorism: Interpretation

(1)    In this Order “terrorism” means the use or threat of action where—

(a)    the action falls within paragraph (2),

(b)    the use or threat is designed to influence the government or intimidate the public or a section of the public, and

(c)    the use or threat is made for the purpose of advancing a political, religious or ideological cause.

(2)    Action falls within this paragraph if it—

(a)    involves serious violence against a person,

(b)    involves serious damage to property,

(c)    endangers a person's life, other than that of the person committing the action,

(d)    creates a serious risk to the health or safety of the public or a section of the public, or

(e)    is designed seriously to interfere with or seriously to disrupt an electronic system.

(3)    The use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not paragraph (1)(b) is satisfied.

(4)    In this article—

(a)    “action” includes action outside the Territory,

(b)    a reference to any person or to property is a reference to any person, or to property, wherever situated,

(c)    a reference to the public includes a reference to the public of a country other than the Territory,

(d)    “explosive” means—

(i)    an article or substance manufactured for the purpose of producing a practical effect by explosion,

(ii)    materials for making an article or substance within sub-paragraph (i),

(iii)    anything used or intended to be used for causing or assisting in causing an explosion, and

(iv)    a part of anything within sub-paragraph (i) or (iii),

(e)    “firearm” includes an air gun or air pistol, and

(f)    “the government” means the government of the Territory or of a country (or a part of a country) other than the Territory.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

5 Terrorist property

PartIITerrorist Property Interpretation5Terrorist property

(1)    In this Order “terrorist property” means—

(a)    money or other property which is likely to be used for the purposes of terrorism,

(b)    proceeds of the commission of acts of terrorism, and

(c)    proceeds of acts carried out for the purposes of terrorism.

(2)    In paragraph (1) a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission).

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism96 Criminal Law & Disposition of Offenders94 Offences against the State & the General Public94

6 Fund-raising

Offences6Fund-raising

(1)    A person commits an offence if he—

(a)    invites another to provide money or other property, and

(b)    intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

(2)    A person commits an offence if he—

(a)    receives money or other property, and

(b)    intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

(3)    A person commits an offence if he—

(a)    provides money or other property, and

(b)    knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

(4)    In this article a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism93 Criminal Law & Disposition of Offenders93 Offences against the State & the General Public93

7 Use and possession

7Use and possession

(1)    A person commits an offence if he uses money or other property for the purposes of terrorism.

(2)    A person commits an offence if he—

(a)    possesses money or other property, and

(b)    intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism94 Criminal Law & Disposition of Offenders92 Offences against the State & the General Public92

8 Funding arrangements

8Funding arrangements

A person commits an offence if—

(a)    he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and

(b)    he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism94 Criminal Law & Disposition of Offenders92 Offences against the State & the General Public92

9 Money laundering

9Money laundering

(1)    A person commits an offence if he enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property—

(a)    by concealment,

(b)    by removal from the jurisdiction,

(c)    by transfer to nominees, or

(d)    in any other way.

(2)    It is a defence for a person charged with an offence under paragraph (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Accounting99 Money Laundering99 Regulation & Offences93 Banking & Finance Law93

10 Disclosure of information: duty

10Disclosure of information: duty

(1)    This article applies where a person—

(a)    believes or suspects that another person has committed an offence under any of articles 6 to 9, and

(b)    bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment.

(2)    But this article does not apply if the information came to the person in the course of a business in the regulated sector (as defined in paragraph 1(12) of Schedule 1 for the purposes of that paragraph).

(3)    The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable—

(a)    his belief or suspicion, and

(b)    the information on which it is based.

(4)    It is a defence for a person charged with an offence under paragraph (3) to prove that he had a reasonable excuse for not making the disclosure.

(5)    Where—

(a)    a person is in employment,

(b)    his employer has established a procedure for the making of disclosures of the matters specified in paragraph (3), and

(c)    he is charged with an offence under that paragraph,

it is a defence for him to prove that he disclosed the matters specified in that paragraph in accordance with the procedure.

(6)    Paragraph (3) does not require disclosure by a professional legal adviser of—

(a)    information which he obtains in privileged circumstances, or

(b)    a belief or suspicion based on information which he obtains in privileged circumstances.

(7)    For the purposes of paragraph (6) information is obtained by an adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose—

(a)    from a client or a client's representative, in connection with the provision of legal advice by the adviser to the client,

(b)    from a person seeking legal advice from the adviser, or from the person's representative, or

(c)    from any person, for the purpose of actual or contemplated legal proceedings.

(8)    For the purposes of paragraph (1)(a) a person shall be treated as having committed an offence under one of articles 6 to 9 if—

(a)    he has taken an action or been in possession of a thing, and

(b)    he would have committed an offence under one of those articles if he had been in the Territory at the time when he took the action or was in possession of the thing.

(9)    A person guilty of an offence under this article shall be liable—

(a)    on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both,

(b)    on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

11 Disclosure of information: permission

11Disclosure of information: permission

(1)    A person may disclose to a constable—

(a)    a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property;

(b)    any matter on which the suspicion or belief is based.

(2)    A person may make a disclosure to a constable in the circumstances mentioned in article 10(1) and (3).

(3)    Paragraphs (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(4)    Where—

(a)    a person is in employment, and

(b)    his employer has established a procedure for the making of disclosures of the kinds mentioned in paragraph (1) and article 10(3),

paragraphs (1) and (2) shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

12 Disclosure of information: regulated and public sectors

12Disclosure of information: regulated and public sectors

Schedule 1, which makes special provision for the disclosure of information by persons in the regulated and public sectors, shall have effect.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

13 Cooperation with police

13Cooperation with police

(1)    A person does not commit an offence under any of articles 6 to 9 if he is acting with the express consent of a constable.

(2)    Subject to paragraphs (3) and (4), a person does not commit an offence under any of articles 6 to 9 by involvement in a transaction or arrangement relating to money or other property if he discloses to a constable—

(a)    his suspicion or belief that the money or other property is terrorist property, and

(b)    the information on which his suspicion or belief is based.

(3)    Paragraph (2) applies only where a person makes a disclosure—

(a)    after he becomes involved in the transaction or arrangement concerned,

(b)    on his own initiative, and

(c)    as soon as is reasonably practicable.

(4)    Paragraph (2) does not apply to a person if—

(a)    a constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and

(b)    he continues his involvement.

(5)    It is a defence for a person charged with an offence under any of articles 6(2) and (3) and 7 to 9 to prove that—

(a)    he intended to make a disclosure of the kind mentioned in paragraphs (2) and (3), and

(b)    there is reasonable excuse for his failure to do so.

(6)    Where—

(a)    a person is in employment, and

(b)    his employer has established a procedure for the making of disclosures of the same kind as may be made to a constable under paragraph (2),

this article shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.

(7)    A reference in this article to a transaction or arrangement relating to money or other property includes a reference to use or possession.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

14 Penalties

14Penalties

A person guilty of an offence under any of articles 6 to 9 shall be liable—

(a)    on conviction on indictment, to imprisonment for a term not exceeding fourteen years, to a fine or to both, or

(b)    on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

15 Forfeitures

15Forfeitures

(1)    The court by or before which a person is convicted of an offence under any of articles 6 to 9 may make a forfeiture order in accordance with the provisions of this article.

(2)    Where a person is convicted of an offence under article 6(1) or (2) or 7, the court may order the forfeiture of any money or other property—

(a)    which, at the time of the offence, he had in his possession or under his control, and

(b)    which, at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.

(3)    Where a person is convicted of an offence under article 6(3) the court may order the forfeiture of any money or other property—

(a)    which, at the time of the offence, he had in his possession or under his control, and

(b)    which, at that time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(4)    Where a person is convicted of an offence under article 8 the court may order the forfeiture of the money or other property—

(a)    to which the arrangement in question related, and

(b)    which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(5)    Where a person is convicted of an offence under article 9 the court may order the forfeiture of the money or other property to which the arrangement in question related.

(6)    Where a person is convicted of an offence under any of articles 6 to 9, the court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.

(7)    Where a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this article, the court shall give him an opportunity to be heard before making an order.

(8)    Schedule 2 (which makes further provision in relation to forfeiture orders under this article) shall have effect.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism93 Criminal Law & Disposition of Offenders92 Offences against the State & the General Public92

16 Forfeiture of terrorist cash

16Forfeiture of terrorist cash

(1)    Schedule 3 (which makes provision for enabling cash which—

(a)    is intended to be used for the purposes of terrorism, or

(b)    is, or represents, property obtained through terrorism,

to be forfeited in civil proceedings before a magistrate's court) shall have effect.

(2)    The powers conferred by Schedule 3 are exercisable in relation to any cash whether or not proceedings have been brought for an offence in connection with the cash.

(3)    Expressions used in this article have the same meanings as in Schedule 3.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism94 Criminal Law & Disposition of Offenders92 Offences against the State & the General Public92

17 Account monitoring orders

PartIIIAccount Monitoring Orders 17Account monitoring orders

Schedule 4 (account monitoring orders) shall have effect.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

18 Terrorist finance: things done outside the Territory

PartIVTerrorist Finance Offences: Jurisdiction 18Terrorist finance: things done outside the Territory

(1)    If—

(a)    a person does anything outside the Territory, and

(b)    his action would have constituted the commission of an offence under any of articles 6 to 9 if it had been done in the Territory,

he shall be guilty of the offence.

(2)    For the purposes of paragraph (1)(b), article 9(1)(b) shall be read as if for “the jurisdiction” there were substituted “a jurisdiction”.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Terrorism93 Criminal Law & Disposition of Offenders93 Offences against the State & the General Public93 Financial & Business Offences94

19 Police powers

PartVGeneral 19Police powers

(1)    A power conferred by virtue of this Order on a constable—

(a)    is additional to powers which he has at common law or by virtue of any other law in force in the Territory, and

(b)    shall not be taken to affect those powers.

(2)    A constable may if necessary use reasonable force for the purposes of exercising a power conferred on him by virtue of this Order.

(3)    Where anything is seized by a constable under a power conferred by virtue of this Order, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Criminal Procedure92 Police92

20 Consent to prosecution

20Consent to prosecution

Proceedings for an offence under this Order shall not be instituted without the consent of the Attorney General.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

21 Crown servants, regulators etc

21Crown servants, regulators etc

(1)    The Governor may by order provide for any of articles 6 to 14 to apply to persons serving in a civil capacity in offices under the Crown in respect of the government of the Territory.

(2)    The Governor may by order provide for article 10 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.

(3)    An order made under this article—

(a)    may make different provision for different purposes,

(b)    may make provision which is to apply only in specified circumstances, and

(c)    may make provision which applies only to particular persons or persons of a particular description.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

22 Evidence

22Evidence

(1)    A document which purports to be—

(a)    an order made by the Governor for the purposes of paragraph 19 of Schedule 2 or paragraph 19 of Schedule 3, and

(b)    signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed to have been made by the Governor.

(2)    A document bearing a certificate which—

(a)    purports to be signed by or on behalf of the Governor, and

(b)    states that the document is a true copy of an order made by the Governor for the purposes of a provision mentioned in paragraph (1)(a),

shall be evidence of the document in legal proceedings.

(3)    Any order made by the Governor for the purposes of any provision of this Order other than a provision mentioned in paragraph (1)(a) shall be published in the Official Gazette of the Territory, and a copy of the issue of the Official Gazette in which there is published what purports to be the text of that order shall be evidence of the fact that it was made in the terms stated in the Official Gazette and was published therein on the date on which that issue purports to have been published.

(4)    No person shall be guilty of an offence, or be liable to any penalty, by reason of an order made by the Governor such as is mentioned in paragraph (3) in respect of anything done or omitted before the publication of that order in the Official Gazette.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

23 Orders and directions

23Orders and directions

An order made or a direction given under this Order may be varied or revoked by a further such order or direction, as the case may be.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Signature

A K Galloway

Clerk of the Privy Council

SCHEDULE 4 Account Monitoring Orders

SCHEDULE 4Account Monitoring Orders Article 17

Interpretation

1

(1)    In this Schedule, “financial institution” means—

(a)    a person who carries on a business of taking deposits for which he is authorised under a law of the Territory relating to banking,

(b)    a building society authorised to operate as such under any law of the Territory in that behalf,

(c)    a credit union authorised to operate as such under any law of the Territory in that behalf,

(d)    a person who carries on an investment business for which he is authorised under any law of the Territory relating to the conduct of such businesses,

(e)    a Savings Bank or a Development Bank established by or under any law of the Territory, and

(f)    a person who carries on an insurance or reinsurance business under any law of the Territory relating to the conduct of such businesses.

(2)    The Governor may by order provide for a class of person—

(a)    to be a financial institution for the purposes of this Schedule, or

(b)    to cease to be a financial institution for the purposes of this Schedule.

(3)    An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under this Schedule to provide information which relates to a time when the institution was a financial institution.

(4)    In this Schedule “the court” means the Supreme Court and “judge” means a judge of that Court.

Account monitoring orders

2

(1)    A judge may, on application made to him by a constable, make an account monitoring order if he is satisfied that—

(a)    the order is sought for the purposes of a terrorist investigation,

(b)    the tracing of terrorist property is desirable for the purposes of the investigation,

and

(c)    the order will enhance the effectiveness of the investigation.

(2)    The application for an account monitoring order must state that the order is sought against the financial institution specified in the application in relation to information which—

(a)    relates to an account or accounts held at the institution by the person specified in the application (whether solely or jointly with another), and

(b)    is of the description so specified.

(3)    The application for an account monitoring order may specify information relating to—

(a)    all accounts held by the person specified in the application for the order at the financial institution so specified,

(b)    a particular description, or particular descriptions, of accounts so held, or

(c)    a particular account, or particular accounts, so held.

(4)    An account monitoring order is an order that the financial institution specified in the application for the order must—

(a)    for the period specified in the order,

(b)    in the manner so specified,

(c)    at or by the time or times so specified, and

(d)    at the place or places so specified,

provide information of the description specified in the application to a constable.

(5)    The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Applications

3

(1)    An application for an account monitoring order may be made ex parte to a judge in Chambers.

(2)    The description of information specified in an application for an account monitoring order may be varied by the constable who made the application or by any other constable.

Discharge or variation

4

(1)    An application to discharge or vary an account monitoring order may be made to the court by—

(a)    the constable who applied for the order or any other constable;

(b)    any person affected by the order.

(2)    The court—

(a)    may discharge the order;

(b)    may vary the order.

Rules of court

5

Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders.

Effect of orders

6

(1)    An account monitoring order has effect as if it were an order of the court.

(2)    An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

Statements

7

(1)    A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

(2)    But sub-paragraph (1) does not apply—

(a)    in the case of proceedings for contempt of court;

(b)    in the case of proceedings under article 15 where the financial institution has been convicted of an offence under any of articles 6 to 9;

(c)    on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3)    A statement may not be used by virtue of sub-paragraph (2)(c) against a financial institution unless—

(a)    evidence relating to it is adduced, or

(b)    a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2002: see art 1.

Civil Procedure & Administration of Justice99 Criminal Procedure95 Contempt99 Criminal Law & Disposition of Offenders92 Offences against the State & the General Public92 Insurance Law95 Terrorism92 Reinsurance95 Prosecution & Pre-trial Procedure95

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order makes provision, for certain British overseas territories, corresponding to various provisions of the Terrorism Act 2000 and the Anti-terrorism, Crime and Security Act 2001 which deal with the financing of terrorism and related matters. The Order extends to Anguilla, the Falkland Islands, Montserrat, St Helena and Dependencies, the Turks and Caicos Islands, and the Virgin Islands.

Overseas Territories99 Constitutional Law99