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A BILL FOR A LAW TO AMEND THE TERRORISM LAW (2017 REVISION) TO ENSURE ITS COMPLIANCE WITH INTERNATIONAL STANDARDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES The Terrorism (Amendment) Bill, 2017 THE TERRORISM (AMENDMENT) BILL, 2017 MEMORANDUM OF OBJECTS AND REASONS This Bill amends the Terrorism Law (2017 Revision) (\u201cthe principal Law\u201d) in order to bring some provisions into conformity with the international standards recommended by the Financial Action Task Force for combatting terrorism and money laundering. Clause 1 provides the short title. Clause 2 amends section 10 of the principal Law in order to expand the category of offences to which there will be extraterritorial application. These offences relate to the solicitation of terrorist property, the use and possession of terrorist property and arranging for property to be used for terrorist purposes. Clause 3 amends section 12 of the principal Law in order to extend the category of offences that may be attributable to a body corporate. These offences relate to the solicitation or terrorist property, the use and possession of terrorist property and arranging for property to be used for terrorist purposes. Clause 4 repeals and replaces section 29A of the principal Law in order to provide the Governor with the power to propose to the United Nations Security Council Committee that a person should be listed or delisted as a designated person. The clause also seeks to make the freezing of the funds and economic resources of a designated person automatic by removing the requirement for a direction to be given by the Governor to freeze the funds and economic resources of a designated person. Clause 5 amends Schedule 4A of the principal Law in order to provide, among other things, for the following- (a) replacement of the definition of relevant institution; (b) introduction of a definition for \u201crelevant United Nations Security Council Committee\u201d and \u201cTreasury\u201d; (c) amendment of the definition of designated person; (d) the power of the Governor to propose the listing of a person as a designated person and the delisting of such a person; (e) the requirement for the Financial Reporting Authority to provide a the list of designated persons to non-financial businesses and professions; The Terrorism (Amendment) Bill, 2017 (f) the requirement for the Governor to consult with the Secretary of State when dealing with designations and the Treasury when dealing with licences; (g) the freezing of funds and economic resources without providing prior notice; (h) extending the instances in which a person will be required to freeze, without delay and without providing prior notice, the funds and economic resources of a designated person; (i) the reporting obligations on the part of a relevant institution; and (j) the increase in penalties. Clause 6 contains savings and transitional provisions. The Terrorism (Amendment) Bill, 2017 THE TERRORISM (AMENDMENT) BILL, 2017 ARRANGEMENT OF CLAUSES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 10 - extraterritorial application - definitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 12 - offences by body corporate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repeal and substitution of section 29A - freezing of terrorist funds\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of Schedule 4A - freezing of funds, etc. of designated persons\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Savings and transitional provisions The Terrorism (Amendment) Bill, 2017 A BILL FOR A LAW TO AMEND THE TERRORISM LAW (2017 REVISION) TO ENSURE ITS COMPLIANCE WITH INTERNATIONAL STANDARDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. This Law may be cited as the Terrorism (Amendment) Law, 2017. 2. The Terrorism Law (2017 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 10 by deleting the words \u201cunder section 4, 5, 6 or 7\u201d and substituting the words \u201cunder section 4, 5, 6, 7, 19, 20 or 21\u201d. 3. The principal Law is amended in section 12 by deleting the words \u201cunder section 4, 5, 6 or 7\u201d and substituting the words \u201cunder section 4, 5, 6, 7, 19, 20 or 21\u201d. 4. The principal Law is amended by repealing section 29A and substituting the following section \u2013 Short title Amendment of section 10 of the Terrorism Law (2017 Revision) - extraterritorial application Amendment of section 12 - offences by body corporate Repeal and substitution of section 29A - freezing of terrorist funds The Terrorism (Amendment) Bill, 2017 \u201cFreezing of terrorist funds 29A. Schedule 4A has effect for the purpose of empowering the Governor to - (a) propose the listing of a person as being involved in terrorist activities; (b) designate a person as being involved in terrorist activities; and (c) propose the delisting of a person who no longer meets the criteria for a designation as being involved in terrorist activities.\u201d. 5. The principal Law is amended in Schedule 4A as follows - (a) in paragraph (1) - (i) by repealing the definition of \u201crelevant institution\u201d and substituting the following definition - \u201c  \u201crelevant institution\u201d means - (a) the Cayman Islands Monetary Authority; (b) a body or a person who is part of the regulated sector; or (c) a person conducting relevant financial business, as defined in the Proceeds of Crime Law (2017 Revision), who is not subject to monitoring by the Cayman Islands Monetary Authority for compliance with money laundering regulations;\u201d; and (ii) by inserting the following definitions in their appropriate alphabetical sequence - \u201c \u201crelevant United Nations Security Council Committee\u201d means - (a) the United Nations Security Council 1267\/1989 Committee concerning Al-Qaida and associated individuals and entities; or (b) the United Nations Security Council 1988 Committee concerning the Taliban and associated individuals and entities; and \u201cTreasury\u201d means Her Majesty\u2019s Treasury.\u201d; Amendment of Schedule 4A - Freezing of funds, etc. of designated persons (2017 Revision) The Terrorism (Amendment) Bill, 2017 (b) by repealing paragraph 2 and substituting the following paragraph - \u201c2. In this Schedule \u201cdesignated person\u201d means - (a) a person designated by the Governor for the purposes of this Schedule; and (b) a person - (i) listed on the Al-Qaida Sanctions List maintained by the Committee established by the United Nations Security Council pursuant to resolution 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities; (ii) listed on a list maintained and amended from time to time by the Committee established by the United Nations Security Council pursuant to resolution 1988 (2011) as being associated with the Taliban; (iii) designated by the Treasury in accordance with the applicable laws in the United Kingdom; and (iv) included in the list provided by Article 2(3) of Council Regulation (EC) 2580\/2001 of 27th of September 2001 on specific restrictive measures directed against certain persons and entities with a view to combatting terrorism.\u201d; (c) by inserting after paragraph 2 - (i) the following heading - \u201cProposed listing, delisting and requested action\u201d; and (ii) after the new heading, the following subheading - The Terrorism (Amendment) Bill, 2017 \u201cListing and delisting procedure\u201d; (iii) after the new subheading, the following paragraph - \u201c2A. (1) The Governor may, through the Foreign and Commonwealth Office of the United Kingdom, propose to any relevant United Nations Security Council Committee, that a person be - (a) listed as a designated person because of the involvement of that person in a terrorist activity; or (b)  delisted from any list maintained by a relevant United Nations Security Council Committee, where the Governor believes that the first-mentioned person no longer meets the criteria for designation. (2) The Governor shall not make a proposal for a designation under subparagraph (1)(a) against a person unless the Governor has reasonable grounds to suspect or believe that the person is involved in terrorist activity. (3) The Governor may establish procedures for the - (a) de-listing; and (b) unfreezing of funds and other resources, of a person who no longer meets the criteria for designation. (4) The procedures referred to in subsection (3) include the following - (a) the submission of a de-listing request to the relevant United Nations Sanctions Committee; (b) in relation to United Nations Security Council Resolution 1373, allowing, upon request, review of a designation decision before a court or other independent competent authority; The Terrorism (Amendment) Bill, 2017 (c) in relation to designations under United Nations Security Council Resolution 1988, facilitation of the review by the 1988 Committee; (d) in relation to designations on the Al-Qaida Sanctions List, informing designated persons and entities of the availability of the United Nations Office of the Ombudsman pursuant to United Nations Security Council Resolutions 1904, 1989, and 2083 to accept de-listing petitions; (e) unfreezing of the funds or other assets of a person or entity with the same or similar name as a designated person or entity; and (f) facilitation of the review of a designation by the United Nations Security Council 1988 Committee concerning the Taliban and associated individuals and entities.\u201d; (d) in paragraph 3 as follows - (i) by repealing subparagraph (1); (ii) in subparagraph (2), by deleting the words \u201cmay also\u201d and substituting the words \u201cmay, after consultation with the Secretary of State,\u201d; (iii) in subparagraph (3)(c), by deleting the \u201cfull-stop\u201d and substituting a \u201csemi-colon\u201d and thereafter inserting the word \u201cand\u201d; and (iv) by inserting the following subparagraph - \u201c(ca) attempting any conduct identified in subparagraphs (a) to (c).\u201d; (e) by inserting after subparagraph 3 - (i) the following subheading - The Terrorism (Amendment) Bill, 2017 \u201cRequests for designation and other action\u201d; and (ii) under the new subheading, the following paragraph - \u201c3A. (1) The Governor may make a final designation if the Governor - (a)  has received a request to make a final designation from an authority outside of the Islands which appears to the Governor to have the function of making requests to freeze funds and other resources; and (b)  considers it appropriate in the circumstances to make the final designation. (2) The Governor may request another country or territory to give effect to any action the Islands have initiated under this Schedule.\u201d; (f) by inserting after the new paragraph 3A - (i) the following subheading - \u201cCollection and solicitation of information\u201d; and (ii) after the new subheading, the following paragraph - \u201c3B. The Governor may collect or solicit information to identify persons who meet the criteria for a final designation.\u201d; (g) in paragraph 5(2), by deleting the word \u201cmay\u201d  and inserting the words, \u201cmay, after consultation with the Secretary of State,\u201d; (h) in paragraph 6(1), by deleting the word \u201cmay\u201d and inserting the words \u201cmay, after consultation with the Secretary of State,\u201d; (i) in paragraph 7 as follows - The Terrorism (Amendment) Bill, 2017 (i) in subparagraph (1), by deleting the word \u201cmay\u201d and inserting the words \u201cmay, after consultation with the Secretary of State,\u201d; and (ii) in subparagraph (2), by deleting the word \u201cmay\u201d and inserting the words \u201cmay, after consultation with the Secretary of State,\u201d; (j) in paragraph 10(1), by deleting the word \u201cmay\u201d and inserting the words \u201cmay, after consultation with the Secretary of State,\u201d; (k) by inserting after paragraph 11 - (i) the following heading - \u201cPublication of designated persons list\u201d; (ii) after the new heading, the following subheading - \u201cFinancial Reporting Authority obligations\u201d; and (iii) after the new subheading, the following paragraph - \u201c11A. (1) The Financial Reporting Authority shall, as soon as is reasonably practicable after a designation is made, communicate that designation through a medium it considers appropriate, to - (a) all relevant institutions; and (b) any public sector body or self-regulatory body assigned responsibility by Cabinet for monitoring the compliance of a person with money laundering regulations where that person - (i) is conducting a relevant financial business as defined in the Proceeds of Crime Law (2017 Revision); and (2017 Revision) The Terrorism (Amendment) Bill, 2017 (ii) is not subject to monitoring for compliance with those regulations by the Cayman Islands Monetary Authority. (2) The Financial Reporting Authority shall maintain and make available to the public an updated list of all designated persons.\u201d; (l) in paragraph 12 as follows - (i)  by repealing subparagraph (1) and substituting the following subparagraph - \u201c(1) A person shall freeze, without delay and without providing prior notice - (a) the funds or economic resources owned, held or controlled by a designated person; (b) the funds or economic resources that are wholly or jointly owned or controlled, directly or indirectly by a designated person; (c) the funds or economic resources derived or generated from  funds or other economic resources owned or controlled directly or indirectly by a designated person; and (d)  the funds or economic resources of a person acting on behalf of or at the direction of a designated person, if the first-mentioned person knows, or has reasonable cause to suspect, that the first mentioned person is dealing with such funds or economic resources.\u201d; (ii) in subparagraph (3), by deleting the words \u201csubject to paragraphs 17 and 18\u201d and substituting the words \u201csubject to paragraphs 16A, 17 and 18\u201d; and (iii) by inserting after subparagraph (4), the following subparagraphs - The Terrorism (Amendment) Bill, 2017 \u201c(5) A person who, in good faith, freezes the funds or economic resources of a designated person or refuses to make those funds or economic resources available to a designated person on the basis that such action is in accordance with this Law shall not be held liable for any action to freeze the funds or economic resources unless it is proved that the funds and economic resources were frozen or withheld as a result of the negligence of the first-mentioned person. (6) A person who, in good faith, does not freeze the funds or economic resources of a designated person shall not be held liable if it is proven that the firstmentioned person did not know or had no reasonable cause to suspect that the first-mentioned person\u2019s actions would be in contravention of the freezing obligation.\u201d; (m) in paragraph 13 as follows - (i) by repealing subparagraph (1) and substituting the following subparagraph - \u201c13. (1) A person shall not make funds or financial services or other related services available, directly or indirectly, wholly or jointly to - (a) a designated person; (b) an entity owned or controlled, directly or indirectly by a designated person; or (c) a person acting on behalf of, or at the direction of, the designated person, if the first-mentioned person knows, or has reasonable cause to suspect, that he is making the funds or financial services available to the designated person.\u201d; and (ii) in subparagraph (2), by deleting the words \u201csubject to paragraphs 17 and 18\u201d and substituting the words \u201csubject to paragraphs 16A, 17 and 18\u201d; The Terrorism (Amendment) Bill, 2017 (n) in paragraph 14 as follows - (i) by repealing subparagraph (1) and substituting the following subparagraph \u2013 \u201c(1) A person shall not make funds, financial services or other related services available, directly or indirectly, wholly or jointly for the benefit of - (a) a designated person; (b) an entity owned or controlled, directly or indirectly by a designated person; or (c) a person acting on behalf of, or at the direction of, the designated person, if the first-mentioned person knows, or has reasonable cause to suspect that the first-mentioned person is making or will be making the funds, financial services or other related services so available.\u201d; and (ii) in subparagraph (3), by deleting the words \u201csubject to paragraphs 17 and 18\u201d and substituting the words \u201csubject to paragraphs 16A, 17 and 18\u201d.; (o)  in paragraph 15 as follows - (i) by repealing subparagraph (1) and substituting the following subparagraph - \u201c(1) A person shall not make economic resources available, directly or indirectly, wholly or jointly to - (a) a designated person; (b) an entity owned or controlled, directly or indirectly by a designated person; or (c) a person acting on behalf of, or at the direction of, a designated person, if the first-mentioned person knows, or has reasonable cause to suspect that- The Terrorism (Amendment) Bill, 2017 (i) he is making the economic resources so available; and (ii) that the designated person is likely to exchange the economic  resources, or use them in exchange, for funds, goods or services.\u201d; and (ii) in subparagraph (2), by deleting the words \u201csubject to paragraph 18\u201d and substituting the words \u201csubject to paragraphs 16A and 18\u201d.; (p) in paragraph 16 as follows - (i) by repealing subparagraph (1) and substituting the following subparagraph - \u201c16. (1) A person shall not make economic resources available to any other person for the benefit of - (a) a designated person; (b) an entity owned or controlled, directly or in directly by a designated person; and (c) a person acting on behalf of, or at the direction of, a designated person, if the first-mentioned person knows, or has reasonable cause to suspect, that he is making or will be making the economic resources so available.\u201d; (ii) in subparagraph (2), by deleting the words \u201csubject to paragraphs 18\u201d and substituting the words \u201csubject to paragraphs 16A and 18\u201d.; and (iii) by inserting after paragraph 16(4) - (A) the following subheading - \u201cLicences granted outside the Islands\u201d; and The Terrorism (Amendment) Bill, 2017 (B) after the new subheading, the following paragraph - \u201c16A. The prohibitions identified in paragraphs 12 to 16 do not apply to anything done - (a) outside the Islands; and (b)  under the authority of a licence granted in accordance with any provisions of the law in force in the place where the prohibited conduct occurred and which corresponds with the provisions of this Schedule.\u201d; (q) in paragraph 18, by repealing subparagraph (3) and substituting the following subparagraph - \u201c(3) The Governor - (a) may, after consultation with the Secretary of State, grant, vary or revoke, at any time, a licence issued in relation to a person who falls within paragraph 2(a); and (b) may, after consultation with the Treasury, grant, vary or revoke, at any time, a licence issued in relation  to a person who falls within paragraph 2(b)(iii) and (iv).\u201d; (r) in paragraph 20, by inserting after subparagraph (4), the following subparagraph - \u201c(4A) A relevant institution shall - (a) report any action taken in accordance with the prohibitions of this Schedule; and (b)  report any transaction attempted by a designated person to deal with funds, economic resources or other assets.\u201d; (s) in paragraph 21(4), by deleting the words \u201cgranted under paragraph 18\u201d and substituting the words \u201creferred to in paragraph 16A or granted under paragraph 18\u201d.; (t) in paragraph 22(3), by deleting the words \u201cgranted under paragraph 18\u201d and substituting the words \u201creferred to in paragraph 16A or granted under paragraph 18\u201d.; and The Terrorism (Amendment) Bill, 2017 (u) in paragraph 30 as follows - (i) in subparagraph (1)(b), by deleting the word \u201cfour\u201d and substituting the word \u201cten\u201d; (ii) by repealing subparagraph (2)(b) and substituting the following subparagraph - \u201c(b) on summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year or to both.\u201d; and (iii) in subparagraph (3), by inserting after the word \u201cfine\u201d the words \u201cof ten thousand dollars\u201d. 6. (1) Where - (a) prior to the date of commencement of this amending Law, an accused person is convicted following a trial of or a plea of guilty to an offence under the former Law; and (b) at the date of commencement of this amending Law, no judgment or sentence has been passed upon him in respect of the offence, the accused person shall, for the purpose of the judgment or sentence, be dealt with in all respects as if this amending Law had not come into force and the provisions of the former Law are to apply accordingly. (2) Where, at the date of commencement of this amending Law, any trial or any proceedings in respect of an offence are pending before a court, the trial or proceedings shall, after the commencement, be dealt with in all respects as if the amending Law had not come into force and the provisions of the former Law are to apply accordingly. 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These offences\nrelate to the solicitation of terrorist property, the use and possession of terrorist\nproperty and arranging for property to be used for terrorist purposes.\nClause 3 amends section 12 of the principal Law in order to extend the category\nof offences that may be attributable to a body corporate. These offences relate to\nthe solicitation or terrorist property, the use and possession of terrorist property\nand arranging for property to be used for terrorist purposes.\nClause 4 repeals and replaces section 29A of the principal Law in order to\nprovide the Governor with the power to propose to the United Nations Security\nCouncil Committee that a person should be listed or delisted as a designated\nperson. The clause also seeks to make the freezing of the funds and economic\nresources of a designated person automatic by removing the requirement for a\ndirection to be given by the Governor to freeze the funds and economic resources\nof a designated person.\nClause 5 amends Schedule 4A of the principal Law in order to provide, among\nother things, for the following-\n(a) replacement of the definition of relevant institution;\n(b) introduction of a definition for \u201crelevant United Nations Security\nCouncil Committee\u201d and \u201cTreasury\u201d;\n(c) amendment of the definition of designated person;\n(d) the power of the Governor to propose the listing of a person as a\ndesignated person and the delisting of such a person;\n(e) the requirement for the Financial Reporting Authority to provide\na the list of designated persons to non-financial businesses and\nprofessions;\n\nThe Terrorism (Amendment) Bill, 2017\n\n3\n(f)\nthe requirement for the Governor to consult with the Secretary of\nState when dealing with designations and the Treasury when\ndealing with licences;\n(g) the freezing of funds and economic resources without providing\nprior notice;\n(h) extending the instances in which a person will be required to\nfreeze, without delay and without providing prior notice, the\nfunds and economic resources of a designated person;\n(i)\nthe reporting obligations on the part of a relevant institution; and\n(j)\nthe increase in penalties.\nClause 6 contains savings and transitional provisions.\n\nThe Terrorism (Amendment) Bill, 2017\n\n4\nTHE TERRORISM (AMENDMENT) BILL, 2017\nARRANGEMENT OF CLAUSES\n1.\nShort title\n2.\nAmendment of section 10 - extraterritorial application - definitions\n3.\nAmendment of section 12 - offences by body corporate\n4.\nRepeal and substitution of section 29A - freezing of terrorist funds\n5.\nAmendment of Schedule 4A - freezing of funds, etc. of designated persons\n6.\nSavings and transitional provisions\n\nThe Terrorism (Amendment) Bill, 2017\n\n5\nCAYMAN ISLANDS\n\nA BILL FOR A LAW TO AMEND THE TERRORISM LAW (2017\nREVISION) TO ENSURE ITS COMPLIANCE WITH\nINTERNATIONAL STANDARDS; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nThis Law may be cited as the Terrorism (Amendment) Law, 2017.\n2.\nThe Terrorism Law (2017 Revision), in this Law referred to as the\n\u201cprincipal Law\u201d, is amended in section 10 by deleting the words \u201cunder section 4,\n5, 6 or 7\u201d and substituting the words \u201cunder section 4, 5, 6, 7, 19, 20 or 21\u201d.\n3.\nThe principal Law is amended in section 12 by deleting the words \u201cunder\nsection 4, 5, 6 or 7\u201d and substituting the words \u201cunder section 4, 5, 6, 7, 19, 20 or\n21\u201d.\n4.\nThe principal Law is amended by repealing section 29A and substituting the\nfollowing section \u2013\nShort title\nAmendment of section\n10 of the Terrorism Law\n(2017 Revision) -\nextraterritorial\napplication\n\nAmendment of section\n12 - offences by body\ncorporate\nRepeal and substitution\nof section 29A - freezing\nof terrorist funds\n\nThe Terrorism (Amendment) Bill, 2017\n\n6\n\n\u201cFreezing\nof terrorist\nfunds\n29A. Schedule 4A has effect for the purpose of empowering\nthe Governor to -\n\n(a)\npropose the listing of a person as being\ninvolved in terrorist activities;\n(b) designate a person as being involved in\nterrorist activities; and\n(c)\npropose the delisting of a person who no\nlonger meets the criteria for a designation as\nbeing involved in terrorist activities.\u201d.\n5.\nThe principal Law is amended in Schedule 4A as follows -\n(a) in paragraph (1) -\n(i)\nby repealing the definition of \u201crelevant institution\u201d and\nsubstituting the following definition -\n\u201c  \u201crelevant institution\u201d means -\n\n(a) the Cayman Islands Monetary Authority;\n(b) a body or a person who is part of the regulated sector;\nor\n(c)\na person conducting relevant financial business, as\ndefined in the Proceeds of Crime Law (2017\nRevision), who is not subject to monitoring by the\nCayman Islands Monetary Authority for compliance\nwith money laundering regulations;\u201d; and\n(ii) by inserting the following definitions in their appropriate\nalphabetical sequence -\n  \u201c \u201crelevant United Nations Security Council Committee\u201d\nmeans -\n(a) the United Nations Security Council 1267\/1989\nCommittee concerning Al-Qaida and associated\nindividuals and entities; or\n(b) the United Nations Security Council 1988\nCommittee\nconcerning\nthe\nTaliban\nand\nassociated individuals and entities; and\n\u201cTreasury\u201d means Her Majesty\u2019s Treasury.\u201d;\nAmendment of Schedule\n4A - Freezing of funds,\netc. of designated\npersons\n(2017 Revision)\n\nThe Terrorism (Amendment) Bill, 2017\n\n7\n(b) by repealing paragraph 2 and substituting the following\nparagraph -\n\u201c2. In this Schedule \u201cdesignated person\u201d means -\n(a) a person designated by the Governor for the\npurposes of this Schedule; and\n(b) a person -\n(i)\nlisted on the Al-Qaida Sanctions List\nmaintained by the Committee established\nby the United Nations Security Council\npursuant to resolution 1267 (1999) and\n1989 (2011) concerning Al-Qaida and\nassociated individuals and entities;\n(ii) listed on a list maintained and amended\nfrom time to time by the Committee\nestablished by the United Nations Security\nCouncil pursuant to resolution 1988 (2011)\nas being associated with the Taliban;\n(iii) designated by the Treasury in accordance\nwith the applicable laws in the United\nKingdom; and\n(iv) included in the list provided by Article 2(3) of\nCouncil Regulation (EC) 2580\/2001 of 27th of\nSeptember 2001 on specific restrictive measures\ndirected against certain persons and entities with\na view to combatting terrorism.\u201d;\n(c) by inserting after paragraph 2 -\n(i)\nthe following heading -\n \u201cProposed listing, delisting and requested action\u201d; and\n(ii) after the new heading, the following subheading -\n\nThe Terrorism (Amendment) Bill, 2017\n\n8\n\u201cListing and delisting procedure\u201d;\n(iii) after the new subheading, the following paragraph -\n\u201c2A. (1) The Governor may, through the Foreign and\nCommonwealth Office of the United Kingdom, propose to\nany relevant United Nations Security Council Committee,\nthat a person be -\n(a)\nlisted as a designated person because of the\ninvolvement of that person in a terrorist\nactivity; or\n(b)  delisted from any list maintained by a\nrelevant United Nations Security Council\nCommittee, where the Governor believes\nthat the first-mentioned person no longer\nmeets the criteria for designation.\n(2) The Governor shall not make a proposal for a\ndesignation under subparagraph (1)(a) against a person\nunless the Governor has reasonable grounds to suspect or\nbelieve that the person is involved in terrorist activity.\n(3) The Governor may establish procedures for the -\n(a) de-listing; and\n(b) unfreezing of funds and other resources,\nof a person who no longer meets the criteria for\ndesignation.\n(4) The procedures referred to in subsection (3)\ninclude the following -\n(a) the submission of a de-listing request to the\nrelevant\nUnited\nNations\nSanctions\nCommittee;\n(b) in relation to United Nations Security\nCouncil Resolution 1373, allowing, upon\nrequest, review of a designation decision\nbefore a court or other independent\ncompetent authority;\n\nThe Terrorism (Amendment) Bill, 2017\n\n9\n(c) in relation to designations under United\nNations Security Council Resolution 1988,\nfacilitation of the review by the 1988\nCommittee;\n(d) in relation to designations on the Al-Qaida\nSanctions\nList,\ninforming\ndesignated\npersons and entities of the availability of\nthe\nUnited\nNations\nOffice\nof\nthe\nOmbudsman pursuant to United Nations\nSecurity Council Resolutions 1904, 1989,\nand 2083 to accept de-listing petitions;\n(e) unfreezing of the funds or other assets of a\nperson or entity with the same or similar\nname as a designated person or entity; and\n(f)\nfacilitation of the review of a designation\nby the United Nations Security Council\n1988 Committee concerning the Taliban\nand associated individuals and entities.\u201d;\n(d) in paragraph 3 as follows -\n(i)\nby repealing subparagraph (1);\n(ii) in subparagraph (2), by deleting the words \u201cmay also\u201d and\nsubstituting the words \u201cmay, after consultation with the\nSecretary of State,\u201d;\n(iii) in subparagraph (3)(c), by deleting the \u201cfull-stop\u201d and\nsubstituting a \u201csemi-colon\u201d and thereafter inserting the\nword \u201cand\u201d; and\n(iv) by inserting the following subparagraph -\n\u201c(ca) attempting any conduct identified in subparagraphs (a)\nto (c).\u201d;\n(e) by inserting after subparagraph 3 -\n(i)\nthe following subheading -\n\nThe Terrorism (Amendment) Bill, 2017\n\n10\n\n\u201cRequests for designation and other action\u201d; and\n(ii) under the new subheading, the following paragraph -\n\n\u201c3A. (1) The Governor may make a final designation\n\nif the Governor -\n(a)  has received a request to make a final\ndesignation from an authority outside\nof the Islands which appears to the\nGovernor to have the function of\nmaking requests to freeze funds and\nother resources; and\n(b)  considers\nit\nappropriate\nin\nthe\ncircumstances to make the final\ndesignation.\n\n(2) The Governor may request another country\nor territory to give effect to any action the Islands have\ninitiated under this Schedule.\u201d;\n(f)\nby inserting after the new paragraph 3A -\n(i)\nthe following subheading -\n \u201cCollection and solicitation of information\u201d; and\n(ii) after the new subheading, the following paragraph -\n\u201c3B. The Governor may collect or solicit information to\nidentify persons who meet the criteria for a final\ndesignation.\u201d;\n(g) in paragraph 5(2), by deleting the word \u201cmay\u201d  and inserting the\nwords, \u201cmay, after consultation with the Secretary of State,\u201d;\n(h) in paragraph 6(1), by deleting the word \u201cmay\u201d and inserting the\nwords \u201cmay, after consultation with the Secretary of State,\u201d;\n(i)\nin paragraph 7 as follows -\n\nThe Terrorism (Amendment) Bill, 2017\n\n11\n(i)\nin subparagraph (1), by deleting the word \u201cmay\u201d and\ninserting the words \u201cmay, after consultation with the\nSecretary of State,\u201d; and\n(ii) in subparagraph (2), by deleting the word \u201cmay\u201d and\ninserting the words \u201cmay, after consultation with the\nSecretary of State,\u201d;\n(j)\nin paragraph 10(1), by deleting the word \u201cmay\u201d and inserting the\nwords \u201cmay, after consultation with the Secretary of State,\u201d;\n(k) by inserting after paragraph 11 -\n(i)\nthe following heading -\n\n\u201cPublication of designated persons list\u201d;\n(ii) after the new heading, the following subheading -\n\u201cFinancial Reporting Authority obligations\u201d; and\n(iii) after the new subheading, the following paragraph -\n\n\u201c11A. (1) The Financial Reporting Authority shall, as soon\nas is reasonably practicable after a designation is made,\ncommunicate that designation through a medium it considers\nappropriate, to -\n\n(a) all relevant institutions; and\n\n(b) any public sector body or self-regulatory\n\nbody assigned responsibility by Cabinet\n\nfor monitoring the compliance of a person\n\nwith money laundering regulations where\n\nthat person -\n(i)\nis conducting a relevant financial\nbusiness as defined in the Proceeds of\nCrime Law (2017 Revision); and\n(2017 Revision)\n\nThe Terrorism (Amendment) Bill, 2017\n\n12\n(ii) is not subject to monitoring for\ncompliance with those regulations by\nthe\nCayman\nIslands\nMonetary\nAuthority.\n(2) The Financial Reporting Authority shall maintain and\nmake available to the public an updated list of all designated\npersons.\u201d;\n(l)\nin paragraph 12 as follows -\n(i)  by repealing subparagraph (1) and substituting the\nfollowing subparagraph -\n\n\u201c(1) A person shall freeze, without delay and\nwithout providing prior notice -\n(a)\nthe funds or economic resources\nowned, held or controlled by a\ndesignated person;\n(b) the funds or economic resources that\nare wholly or jointly owned or\ncontrolled,\ndirectly\nor\nindirectly\nby a designated person;\n(c)\nthe funds or economic resources\nderived or generated from  funds\nor\nother economic resources owned or\ncontrolled directly or indirectly by a\ndesignated person; and\n(d)  the funds or economic resources of a\nperson acting on behalf of or at the\ndirection of a designated person,\nif the first-mentioned person knows, or has\nreasonable cause to suspect, that the first\nmentioned person is dealing with such funds\nor economic resources.\u201d;\n(ii) in subparagraph (3), by deleting the words \u201csubject to\nparagraphs 17 and 18\u201d and substituting the words \u201csubject\nto paragraphs 16A, 17 and 18\u201d; and\n(iii) by inserting after subparagraph (4), the following\nsubparagraphs -\n\nThe Terrorism (Amendment) Bill, 2017\n\n13\n\u201c(5) A person who, in good faith, freezes the funds or\neconomic resources of a designated person or refuses\nto make those funds or economic resources available\nto a designated person on the basis that such action is\nin accordance with this Law shall not be held liable for\nany action to freeze the funds or economic resources\nunless it is proved that the funds and economic\nresources were frozen or withheld as a result of the\nnegligence of the first-mentioned person.\n(6) A person who, in good faith, does not freeze the\nfunds or economic resources of a designated person\nshall not be held liable if it is proven that the firstmentioned person did not know or had no reasonable\ncause to suspect that the first-mentioned person\u2019s\nactions would be in contravention of the freezing\nobligation.\u201d;\n(m) in paragraph 13 as follows -\n(i)\nby repealing subparagraph (1) and substituting the\nfollowing subparagraph -\n\u201c13. (1) A person shall not make funds or financial\nservices or other related services available, directly or\nindirectly, wholly or jointly to -\n(a) a designated person;\n(b) an entity owned or controlled, directly\nor indirectly by a designated person;\nor\n(c) a person acting on behalf of, or at the\ndirection of, the designated person,\nif the first-mentioned person knows, or has\nreasonable cause to suspect, that he is making\nthe funds or financial services available to the\ndesignated person.\u201d; and\n(ii) in subparagraph (2), by deleting the words \u201csubject to\nparagraphs 17 and 18\u201d and substituting the words \u201csubject\nto paragraphs 16A, 17 and 18\u201d;\n\nThe Terrorism (Amendment) Bill, 2017\n\n14\n(n) in paragraph 14 as follows -\n(i)\nby repealing subparagraph (1) and substituting the\nfollowing subparagraph \u2013\n\u201c(1) A person shall not make funds, financial services or\nother related services available, directly or indirectly,\nwholly or jointly for the benefit of -\n(a)\na designated person;\n(b) an entity owned or controlled, directly or\nindirectly by a designated person; or\n(c) a person acting on behalf of, or at the direction\nof, the designated person,\nif the first-mentioned person knows, or has reasonable cause\nto suspect that the first-mentioned person is making or will\nbe making the funds, financial services or other related\nservices so available.\u201d; and\n(ii) in subparagraph (3), by deleting the words \u201csubject to\nparagraphs 17 and 18\u201d and substituting the words \u201csubject\nto paragraphs 16A, 17 and 18\u201d.;\n(o)  in paragraph 15 as follows -\n(i)\nby repealing subparagraph (1) and substituting the\nfollowing subparagraph -\n\u201c(1) A person shall not make economic\nresources available, directly or indirectly, wholly\nor jointly to -\n\n(a)\na designated person;\n(b) an entity owned or controlled, directly\nor indirectly by a designated person;\nor\n(c)\na person acting on behalf of, or at the\ndirection of, a designated person,\nif the first-mentioned person knows, or has\nreasonable cause to suspect that-\n\nThe Terrorism (Amendment) Bill, 2017\n\n15\n(i)\nhe is making the economic\nresources so available; and\n(ii) that the designated person is\nlikely\nto\nexchange\nthe\neconomic  resources, or use\nthem\nin\nexchange,\nfor\nfunds, goods or services.\u201d;\nand\n(ii) in subparagraph (2), by deleting the words \u201csubject to\nparagraph 18\u201d and substituting the words \u201csubject to\nparagraphs 16A and 18\u201d.;\n(p) in paragraph 16 as follows -\n(i)\nby repealing subparagraph (1) and substituting the\nfollowing subparagraph -\n\u201c16. (1) A person shall not make economic resources\navailable to any other person for the benefit of -\n\n(a) a designated person;\n(b) an entity owned or controlled, directly or in\ndirectly by a designated person; and\n(c) a person acting on behalf of, or at the\ndirection of, a designated person,\nif the first-mentioned person knows, or has\nreasonable cause to suspect, that he is making or\nwill be making the economic resources so\navailable.\u201d;\n(ii) in subparagraph (2), by deleting the words \u201csubject to\nparagraphs 18\u201d and substituting the words \u201csubject to\nparagraphs 16A and 18\u201d.; and\n(iii) by inserting after paragraph 16(4) -\n(A) the following subheading -\n\u201cLicences granted outside the Islands\u201d; and\n\nThe Terrorism (Amendment) Bill, 2017\n\n16\n(B) after the new subheading, the following paragraph -\n\u201c16A.\nThe prohibitions identified in paragraphs 12\nto 16 do not apply to anything done -\n(a) outside the Islands; and\n(b)  under the authority of a licence granted in\naccordance with any provisions of the law\nin force in the place where the prohibited\nconduct occurred and which corresponds\nwith the provisions of this Schedule.\u201d;\n(q) in paragraph 18, by repealing subparagraph (3) and substituting\nthe following subparagraph -\n\u201c(3) The Governor -\n(a) may, after consultation with the Secretary of\nState, grant, vary or revoke, at any time, a licence\nissued in relation to a person who falls within\nparagraph 2(a); and\n(b) may, after consultation with the Treasury, grant,\nvary or revoke, at any time, a licence issued in\nrelation  to a person who falls within paragraph\n2(b)(iii) and (iv).\u201d;\n(r)\nin paragraph 20, by inserting after subparagraph (4), the\nfollowing subparagraph -\n\u201c(4A)\nA relevant institution shall -\n(a) report any action taken in accordance with the\nprohibitions of this Schedule; and\n(b)  report any transaction attempted by a designated\nperson to deal with funds, economic resources or\nother assets.\u201d;\n(s)\nin paragraph 21(4), by deleting the words \u201cgranted under\nparagraph 18\u201d and substituting the words \u201creferred to in\nparagraph 16A or granted under paragraph 18\u201d.;\n(t)\nin paragraph 22(3), by deleting the words \u201cgranted under\nparagraph 18\u201d and substituting the words \u201creferred to in\nparagraph 16A or granted under paragraph 18\u201d.; and\n\nThe Terrorism (Amendment) Bill, 2017\n\n17\n(u) in paragraph 30 as follows -\n(i)\nin subparagraph (1)(b), by deleting the word \u201cfour\u201d and\nsubstituting the word \u201cten\u201d;\n(ii) by repealing subparagraph (2)(b) and substituting the\nfollowing subparagraph -\n\u201c(b) on summary conviction, to a fine of ten thousand\ndollars or to imprisonment for a term of one year\nor to both.\u201d; and\n(iii) in subparagraph (3), by inserting after the word \u201cfine\u201d the\nwords \u201cof ten thousand dollars\u201d.\n6.\n(1) Where -\n(a) prior to the date of commencement of this amending Law, an\naccused person is convicted following a trial of or a plea of guilty\nto an offence under the former Law; and\n(b) at the date of commencement of this amending Law, no judgment\nor sentence has been passed upon him in respect of the offence,\nthe accused person shall, for the purpose of the judgment or sentence, be dealt\nwith in all respects as if this amending Law had not come into force and the\nprovisions of the former Law are to apply accordingly.\n(2) Where, at the date of commencement of this amending Law, any trial\nor any proceedings in respect of an offence are pending before a court, the trial or\nproceedings shall, after the commencement, be dealt with in all respects as if the\namending Law had not come into force and the provisions of the former Law are\nto apply accordingly.\n(3) In this section \u201cformer Law\u201d means the principal Law in force\nimmediately before the date of commencement of this amending Law.\n\nSavings and transitional\nprovisions\n\nThe Terrorism (Amendment) Bill, 2017\n\n18\nPassed by the Legislative Assembly the   day of                 , 2017.\n\nSpeaker.\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:41:10.08436+00","cms_id":"2017-0025","law_type":"bill","year":"2017","number":"25","title":"2017-0025","status":"bill"},"provenance":{"files":[{"file_id":"6933","expr_id":"2134","kind":"akn_xml","filename":"2017-0025.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0025\/2017-0025.akn.xml","content_md5":"4ef28aaafdf7d960147d41a7f347cd00","byte_size":"24453","http_last_modified":null,"fetched_at":"2026-06-22 15:41:10.176535+00"},{"file_id":"4267","expr_id":"2134","kind":"pristine_pdf","filename":"2017-0025.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0025\/2017-0025.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2017\/2017-0025\/2017-0025.pdf","content_md5":"1d78e755e479e0338f42f946487ae8ba","byte_size":"392621","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.24441+00"},{"file_id":"4268","expr_id":"2134","kind":"working_pdf","filename":"2017-0025.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0025\/2017-0025.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0025\/2017-0025.pdf","content_md5":"1d78e755e479e0338f42f946487ae8ba","byte_size":"392621","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.24441+00"}],"paragraph_count":38,"latest_history":null},"quality":{"expr_id":"2134","doc_id":"2134","quality_state":"known_issue","quality_score":"51","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"high\": 1, \"medium\": 2}","finding_summary":"stored title is not visible in the opening extracted text; 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