{"kind":"expression","expression":{"expr_id":"238","doc_id":"238","label":"2018 Revision","is_as_enacted":"f","commenced_on":"2018-03-28","superseded_on":null,"valid_from":"2018-03-28","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2003\/14\", \"expression\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28\", \"manifestation\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28.pdf\"}, \"pdf\": {\"md5\": \"23589952f0ae7d8a41ad102fd423fe79\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.pdf\", \"pages\": 115, \"filename\": \"2003-0014_2018 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 38199, \"paragraph_count\": 65, \"text_char_count\": 229349}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"62. Provision as to offences under this Law and the Terrorism (United Nations Measures) 63. 64. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 4A SCHEDULE 5 SCHEDULE 6 Terrorism Law TERRORISM LAW (2018 Revision) PART I - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Terrorism Law (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201cact\u201d and \u201caction\u201d includes omission; \u201cAuthority\u201d means the Cayman Islands Monetary Authority established under section 5(1) of the Monetary Authority Law (2018 Revision) and includes any employee of the Authority acting under the Authority\u2019s authorisation; \u201cconstable\u201d means any member of the Service, and includes a recruit constable; \u201ccourt\u201d means the Grand Court; \u201ccustoms officer\u201d means an officer appointed under section 6 of the Customs Law (2017 Revision); \u201cdocument\u201d includes information recorded in any form and in relation to information recorded otherwise than in a legible form references to its production include references to producing a copy of the information in legible form; Terrorism Law \u201cdwelling\u201d means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling; \u201cexplosive\u201d means a substance or combination of substances which are chemically or physically unstable or are kept in a manner by which they can readily be rendered unstable so that, upon the application of heat, detonation or other triggering agent or device they are liable violently to disintegrate, chemically or physically, with shattering destructive effect, and includes any such substance or substances declared to be an explosive by regulations made under the Explosives Law (2008 Revision); \u201cfirearm\u201d means artillery, machine gun, sub-machine gun, rifle, shot gun, pistol, air gun, air pistol or any lethal barrelled weapon from which any shot, bullet or other missile can be discharged or noxious fumes can be emitted except any air rifle, air gun or air pistol of a type prescribed by the Cabinet under the Firearms Law (2008 Revision) and of a calibre so prescribed, and includes any component part of any such weapon and such accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, and includes any ammunition capable of being used in any firearm and any reloader which is capable of or designed for the reloading of shotgun cartridges or any other type of ammunition; \u201cGovernor\u201d means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under the Cayman Islands Constitution Order 2009 [UKSI 1379 of 2009], and to the extent to which a Deputy appointed under the Cayman Islands Constitution Order 2009 is authorised to act, that Deputy; \u201cGrand Court\u201d means the Grand Court constituted under the Cayman Islands Constitution Order 2009; \u201cimmigration officer\u201d means the Chief Immigration Officer and any other immigration officer holding office under section 3 (1) of the Immigration Law (2015 Revision); \u201corganisation\u201d includes any association or combination of persons; \u201cpremises\u201d includes any place and in particular includes \u2014 (a) a vehicle; and (b) a tent or moveable structure; \u201cproperty\u201d includes money and all other property, real or personal, including things in action, tangible or intangible property, movable or immoveable property and legal documents or instruments in any form evidencing title to or interest in property; \u201cpublic place\u201d means any place to which the public has access as of right or upon payment or upon invitation express or implied; Terrorism Law \u201cregulated sector\u201d means that part of the business community in the Islands which is regulated by any one or more of the following laws \u2014 (a) Banks and Trust Companies Law (2018 Revision); (b) Building Societies Law (2014 Revision); (c) Companies Management Law (2018 Revision); (d) Cooperative Societies Law (2001 Revision); (e) Insurance Law, 2010 [Law 32 of 2010]; (f) Money Services Law (2010 Revision); (g) Mutual Funds Law (2015 Revision); (h) Securities Investment Business Law (2015 Revision); and (i) any other laws that may be prescribed by the Cabinet by regulations made under section 46 of the Monetary Authority Law (2018 Revision); \u201cReporting Authority\u201d means the Reporting Authority appointed under section 3 of the Proceeds of Crime Law (2018 Revision); \u201croad\u201d means any public place where a vehicle may be driven or parked and such areas adjacent thereto as may be prescribed under the Traffic Law, 2011 [Law 26 of 2011]; \u201cService\u201d means the Royal Cayman Islands Police Service referred to in section 3 of the Police Law (2017 Revision); \u201cservice provider\u201d means a person licensed under the Information and Communications Technology Authority Law (2017 Revision) to provide any information technology service, telecommunications service, electronic media and broadcast service, internet service, digital library and commercial information service, network-based information service and related specialised professional service provided by electronic means and any other similar service; \u201cterrorism\u201d means \u2014 (a) an act whether committed in or outside of the Islands which causes or is likely to cause \u2014 (i) loss of human life or serious bodily harm; (ii) damage to property; or (iii) prejudice to national security or disruption of public safety including disruption in the provision of emergency services or to any computer or electronic system or to the provision of services directly related to banking, communications, infrastructure, financial services, public utilities, transportation or other essential infrastructure, and is intended to \u2014 (A) compel a government or an international organisation to do or refrain from doing any act; or Terrorism Law (B) intimidate the public or a section of the public, for the purpose of advancing a political, religious, racial or ideological cause; or (b) an offence under sections 3 to 7, 14 to 16 and 19 to 22; \u201cterrorist\u201d means a person who \u2014 (a) has committed an offence under sections 3 to 7, 14 to 16 and 19 to 22; or (b) is or has been concerned in the commission, preparation or instigation of acts of terrorism; and includes a person who has been, whether before or after the passing of this Law concerned in the commission, preparation or instigation of acts of terrorism; \u201cterrorist financing\u201d means the financing of acts of terrorism, of terrorists and terrorist organisations and includes offences contrary to sections 19, 20, 21 and 22; \u201cterrorist organisation\u201d means any group of terrorists that \u2014 (a) commits, or attempts to commit an act of terrorism by any means, directly or indirectly, unlawfully and wilfully; (b) participates as an accomplice in an act of terrorism; (c) organises or directs others to commit an act of terrorism; or (d) contributes to the commission of an act of terrorism by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the act of terrorism or with the knowledge of the intention of the group to commit an act of terrorism; and \u201cvehicle\u201d, includes an aircraft, hovercraft, train or vessel. 2A. Governor\u2019s power to delegate 2A. The Governor may, to such extent and subject to such restrictions and conditions as the Governor may think necessary, delegate, or authorise the delegation of any of the Governor\u2019s powers under this Law to any person, or class or description of persons, approved by the Governor. PART II - Terrorist Offences and Weapons of Mass Destruction\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Terrorism 3. (1) A person who commits an act of terrorism commits an offence and is liable on conviction on indictment to imprisonment for life. (2) A court by or before which a person is convicted of an offence under this section may order the forfeiture of anything which the court considers to have been in the person\u2019s possession for purposes connected with the offence. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Weapons training 4. (1) Subject to sections 8 and 9, a person commits an offence if he provides instruction or training in the making or use of \u2014 (a) firearms; (b) explosives; or (c) chemical, biological or nuclear weapons. (2) A person commits an offence if he receives instruction or training in the making or use of \u2014 (a) firearms; (b) explosives; or (c) chemical, biological or nuclear weapons. (3) A person commits an offence if he invites another to receive instruction or training and the receipt \u2014 (a) would constitute an offence under subsection (2); or (b) would constitute an offence under subsection (2) whether or not it takes place inside or outside of the Islands. (4) For the purpose of subsections (1) and (3) \u2014 (a) a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons; and (b) an invitation to receive instruction or training may be either general or addressed to one or more specific persons. (5) Subsections (1) to (3) do not apply to the Royal Cayman Islands Police Service or to any person permitted by law to carry out any of those actions specified in those subsections. (6) A person who commits an offence under this section is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; or (b) on conviction on indictment, to a fine and to imprisonment for ten years. (7) A court by or before which a person is convicted of an offence under this section may order the forfeiture of anything which the court considers to have been in the person\u2019s possession for purposes connected with the offence. (8) Before making an order under subsection (7) a court shall give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection. Terrorism Law (9) An order under subsection (7) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Restriction on development, etc. of certain biological weapons and toxins 5. (1) Subject to sections 8 and 9, a person shall not develop, produce, stockpile, acquire or retain \u2014 (a) any biological agent or toxin of a type and in a quantity that has no justification for prophylactic, protective or peaceful purposes; or (b) any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict. (2) A person shall not \u2014 (a) transfer any biological agent or toxin to another person or enter into an agreement to do so; or (b) make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so, if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reasons to believe that that is the case. (3) This section applies to acts done inside or outside of the Islands. (4) Proceedings for an offence committed under this section outside the Islands may be taken and the offence may for incidental purposes be treated as having been committed in the Islands. (5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Use of nuclear weapons 6. (1) Subject to sections 8 and 9, a person who \u2014 (a) knowingly causes a nuclear weapons explosion; (b) develops or produces or participates in the development or production of a nuclear weapon; (c) has a nuclear weapon in his possession; (d) participates in the transfer of a nuclear weapon; or (e) engages in military preparations or in preparation of a military nature intending to use or threaten to use a nuclear weapon, commits an offence. Terrorism Law (2) For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which \u2014 (a) facilitates the development by another of the capability to produce or use a nuclear weapon; or (b) facilitates the making by another of a nuclear weapon knowing or having reason to believe that his act has or will have that effect. (3) For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if \u2014 (a) he buys or otherwise acquires it or agrees with another to do so; (b) he seeks or otherwise disposes of it or agrees with another to do so; or (c) he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so. (4) For the purposes of subsection (3) \u2014 (a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift; (b) to dispose of an object is to sell it, let it on hire, lend it or give it. (5) This section applies to acts done inside or outside of the Islands. (6) Proceedings for an offence committed under this section outside the Islands may be taken and the offence may for incidental purposes be treated as having been committed in the Islands. (7) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Use, etc. of chemical weapons 7. (1) Subject to sections 8 and 9, a person who \u2014 (a) uses a chemical weapon; (b) develops or produces or participates in the development or production of a chemical weapon; (c) has a chemical weapon in his possession; (d) participates in the transfer of a chemical weapon; or (e) engages in military preparations, or in preparations of a military nature, intending to use a chemical weapon, commits an offence. (2) For the purposes of subsection (1)(b) a person participates in the development or production of a chemical weapon if he does any act which \u2014 (a) facilitates the development by another of the capability to produce or use a chemical weapon; or Terrorism Law (b) facilitates the making by another of a chemical weapon knowing or having reason to believe that his act has or will have that effect. (3) For the purposes of subsection (1)(d) a person participates in the transfer of an object if \u2014 (a) he acquires or disposes of the object or enters into a contract to acquire or dispose of it, or (b) he makes arrangements under which another person acquires or disposes of the object or another person enters into a contract to acquire or dispose of it. (4) For the purposes of subsection (3) \u2014 (a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift; (b) to dispose of an object is to sell it, let it on hire, lend it or give it. (5) This section applies to acts done inside or outside of the Islands. (6) Proceedings for an offence committed under this section outside the Islands may be taken and the offence may for incidental purposes be treated as having been committed in the Islands. (7) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Exceptions 8. (1) Nothing in section 4, 5, 6 or 7 applies \u2014 (a) to an act which is authorised under subsection (2); or (b) to an act done in the course of an armed conflict in the defence of the Islands or for the purpose of preserving law and order in the Islands. (2) The Governor may \u2014 (a) authorise any act which would otherwise contravene section 4, 5, 6 or 7 in such manner and on such terms as he thinks fit; and (b) withdraw or vary any authorisation given under this subsection. (3) Any question arising in proceedings for an offence under section 4, 5, 6 or 7 as to whether anything was done in the course of an armed conflict shall be determined by the Governor. (4) A certificate purporting to set out any such determination and to be signed by the Governor shall be received in evidence in any such proceedings and shall be presumed to be so signed unless the contrary is shown. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Defences 9. (1) In proceedings for an offence under section 4, 5, 6 or 7 relating to an object it is a defence for the accused to show that he did not know and had no reason to believe that the object was a weapon for the purposes of those sections. (2) Notwithstanding subsection (1), an accused person shall be taken to have shown that fact if \u2014 (a) sufficient evidence is adduced to raise an issue with respect to it; and (b) the contrary is not proved by the prosecution beyond reasonable doubt. (3) In proceedings for such an offence it is also a defence for the accused to show that he knew or believed that the object was a weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the Governor or a constable of his knowledge or belief.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Extraterritorial application 10. Proceedings for an offence committed under section 4, 5, 6, 7, 19, 20 or 21 outside the Islands may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Powers of entry 11. (1) If a Justice of the Peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 4, 5, 6 or 7 is to be found on any premises he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search the premises. (2) The powers of a person who enters the premises under the authority of the warrant include power \u2014 (a) to take with him such other persons and such equipment as appear to him to be necessary; (b) to inspect, seize and retain any substance, equipment or document found on the premises; (c) to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form \u2014 (i) in which he can read and copy it; or (ii) from which it can readily be produced in a form in which he can read and copy it; and (d) to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 4, 5, 6 or 7. Terrorism Law (3) A constable who enters premises under the authority of a warrant or under subsection (2)(a) may \u2014 (a) give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and (b) search or cause to be searched any person on the premises whom the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under sections 4, 5, 6 or 7. (4) No constable shall search a person of the opposite gender. (5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable. (6) A person who \u2014 (a) wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or (b) fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power, commits an offence. (7) A person who commits an offence under subsection (6) is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars; and (b) on conviction on indictment to a fine and to imprisonment for two years. (8) In this section \u2014 \u201cauthorised officer\u201d means an authorised officer appointed by the Governor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Offences by body corporate 12. (1) Where an offence under section 4, 5, 6, 7, 19, 20 or 21 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to \u2014 (a) a director, manager, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity, such person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) In subsection (1) \u2014 \u201cdirector\u201d, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Definitions in this Part 13. (1) In this Part \u2014 \u201cbiological weapon\u201d means any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict; \u201cchemical weapon\u201d means \u2014 (i) toxic chemicals and their precursors; (ii) munitions and other devices designed to cause death or harm through the toxic chemicals released by them; (iii) equipment designed for use in connection with munitions and devices falling within paragraph (b); and \u201cnuclear weapon\u201d means a weapon which contains nuclear material within the meaning of Article 1(a) and (b) of the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on the 3rd March, 1980. (2) For the purposes of subsection (1), an object is not a biological or chemical weapon if the person uses the object only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account. (3) Permitted purposes are \u2014 (a) peaceful purposes; (b) purposes related to protection against toxic chemicals; (c) legitimate military purposes; and (d) purposes of enforcing this Law. (4) Legitimate military purposes are all military purposes except those which depend on the use of the toxic properties of chemicals as a method of warfare in circumstances where the main object is to cause death, permanent harm or temporary incapacity to humans or animals. (5) A toxic chemical is a chemical which through its chemical action on life processes can cause death, permanent harm or temporary incapacity to humans or animals; and the origin, method of production and place of production are immaterial. (6) A precursor is a chemical reactant which takes part at any stage in the production (by whatever method) of a toxic chemical. (7) References to an object include references to a substance. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Directing terrorist organisation 14. (1) A person commits an offence if he directs, at any level, the activities of an organisation which is concerned in the commission of acts of terrorism. (2) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Possession for terrorist purposes 15. (1) A person commits an offence if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism. (2) A person commits an offence if \u2014 (a) he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism; or (b) he possesses a document or record containing information of that kind. (3) In this section \u2014 \u201crecord\u201d includes a photographic or electronic record. (4) In proceedings for an offence under this section, if it is proved that an article, document or record \u2014 (a) was on any premises at the same time as the accused; or (b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public, the court may assume that the accused possessed the article, document or record, unless he proves that he did not know of its presence on the premises or that he had no control over it. (5) A person who commits an offence under this section is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and (b) on conviction on indictment, to a fine and to imprisonment for ten years. (6) A court by or before which a person is convicted of an offence under this section may order the forfeiture of any article, document or record containing information of the kind mentioned in this section. (7) Before making an order under subsection (6), a court shall give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection. (8) An order under subsection (6) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Inciting, organising, etc, and travelling for terrorism 16. (1) A person who \u2014 (a) incites another person to commit an act of terrorism; (b) participates as an accomplice in the commission of an act of terrorism; (c) organises or directs another person in the commission of an act of terrorism; or (d) intentionally makes a contribution to a group knowing that the contribution will or is likely to be used in furtherance of the group\u2019s common purpose to commit an act of terrorism, commits an offence. (2) A person commits an offence if, for the purpose of committing, planning or participating in an act of terrorism that person \u2014 (a) being legally and ordinarily resident in the Islands, travels or attempts to travel to a country or territory other than the Islands; (b) being a tourist or transit passenger in the Islands, travels or attempts to travel from the Islands; (c) knowingly provides or collects, by any means, directly or indirectly, property within the Islands \u2014 (i) with the intention that the property should be used; or (ii) in the knowledge that that property will be used, to finance the travel of another person seeking to travel to a country or territory other than that person\u2019s country or territory of residence or nationality; or (d) organises, facilitates or recruits another person for the purpose of travel to a country or territory other than that person\u2019s country or territory of residence or nationality. (3) Nothing in this section imposes criminal liability on any person acting on behalf of the Government or a public officer acting in an official capacity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Duty to disclose information relating to offences and terrorist acts 17. (1) A person who has any information which may be of assistance in \u2014 (a) preventing the commission by another person, of an act of terrorism; or (b) securing the arrest or prosecution of another person for an offence under this Law, shall, as soon as reasonably possible after receiving such information, disclose the information at a police station to a constable not below the rank of inspector. (2) Nothing in subsection (1) requires the disclosure of any information which is protected by privilege. Terrorism Law (3) No civil or criminal proceedings shall lie against any person for disclosing any information in good faith under subsection (1). (4) A person who fails to comply with subsection (1) commits an offence and is liable on conviction on indictment to a fine and to imprisonment for ten years. PART III - Terrorist Property\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Terrorist property 18. (1) In this Law, \u201cterrorist property\u201d means property that is the proceeds of, or used in, or intended or allocated for use in, the financing of acts of terrorism, terrorists or terrorist organisations. (2) In subsection (1) a reference to proceeds includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the financing of acts of terrorism, terrorists or terrorist organisations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Soliciting terrorist property 19. (1) A person who, by any means, directly or indirectly, knowingly provides or collects property, or attempts to do so, with the intention that the property should be used or in the knowledge that it will be used in whole or in part \u2014 (a) in order to carry out an act of terrorism; (b) by a terrorist to facilitate the first-mentioned person\u2019s activities related to acts of terrorism or membership in a terrorist organisation; or (c) by a terrorist organisation, commits an offence. (2) An offence under subsection (1) is committed \u2014 (a) even if the act of terrorism referred to in subsection (1) does not occur or is not attempted; (b) even if the property is not \u2014 (i) actually used to commit or to attempt the act of terrorism referred to in subsection (1); or (ii) linked to a specific act of terrorism; (c) regardless of whether the property is from legitimate or illegitimate sources; and (d) regardless of the country or territory in which the act of terrorism is intended to or does occur. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Use and possession of terrorist property 20. (1) A person commits an offence if that person uses property for the purposes of terrorism. (2) A person commits an offence if that person \u2014 (a) possesses terrorist property and intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of the financing of acts of terrorism, terrorists or terrorist organisations; (b) possesses or acquires terrorist property which the person knows or has reasonable cause to suspect has been used, directly or indirectly, in the commission of the financing of acts of terrorism, terrorists or terrorist organisations; or (c) acquires property as a result of, or in connection with acts of terrorism.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Arranging for property to be used for terrorist purposes 21. A person commits an offence if \u2014 (a) he enters into or becomes concerned in an arrangement as a result of which terrorist 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 the financing of acts of terrorism, terrorists or terrorist organisations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Money laundering 22. (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 by concealment, by removal from the jurisdiction or by transfer to nominees. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Disclosure of information: duty 23. (1) This section applies where a person \u2014 (a) believes or suspects that another person has committed an offence under sections 19 to 22; 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) This section does not apply if the information came to the person in the course of a business in the regulated sector. Terrorism Law (3) A person commits an offence if he does not disclose to the Reporting Authority or to a constable as soon as is reasonably practicable his belief or suspicion and the information on which it is based. (4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for not making the disclosure. (5) Where \u2014 (a) a person is employed by another person; (b) his employer has established a procedure for the making of disclosures of the matters specified in subsection (3); and (c) he is charged with an offence under that subsection, it is a defence for him to prove that he disclosed the matters specified in that subsection in accordance with the procedure. (6) Subsection (3) does not require disclosure by a professional legal adviser of \u2014 (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 purpose of subsection (6), information is obtained by a professional legal adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose from \u2014 (a) a client or a client\u2019s representative, in connection with the provision of legal advice by the adviser to the client; (b) a person seeking legal advice from the adviser, or from the person\u2019s representative; or (c) any person, for the purpose of actual or contemplated legal proceedings. (8) For the purposes of subsection (1)(a), a person shall be treated as having committed an offence under sections 19 to 22 if \u2014 (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 sections if he had been in the Islands at the time when he took the action or was in possession of the thing. (9) A person who commits an offence under this section is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and (b) on conviction on indictment to a fine and to imprisonment for five years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Disclosure of information: permission 24. (1) A person may disclose to the Reporting Authority or to a constable \u2014 Terrorism Law (a) a suspicion or belief that any property is terrorist property or is derived from terrorist property; or (b) any matter on which the suspicion or belief is based. (2) A person may make a disclosure to the Reporting Authority or to a constable in the circumstances mentioned in section 23(1) and (2). (3) Subsections (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise. (4) Where \u2014 (a) a person is employed by another person; and (b) his employer has established a procedure for the making of disclosures of the kinds mentioned in subsection (1) and section 23(2), subsections (1) and (2) shall have effect in relation to that person as if any reference to disclosure to the Reporting Authority or to a constable included a reference to disclosure in accordance with the procedure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Disclosure of information: regulated and public sectors 25. Schedule 1, which makes special provision for the disclosure of information by persons in the regulated and public sectors, shall have effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Co-operating with Reporting Authority and the police 26. (1) A person does not commit an offence under sections 19 to 22 if he is acting with the express consent of the Reporting Authority or of a constable. (2) Subject to subsections (3) and (4), a person does not commit an offence under sections 19 to 22 by involvement in a transaction or arrangement relating to property if he discloses to the Reporting Authority or to a constable \u2014 (a) his suspicion or belief that the property is terrorist property; and (b) the information on which his suspicion or belief is based. (3) Subsection (2) applies only where a person makes a disclosure after he becomes involved in the transaction concerned, on his own initiative and as soon as is reasonably practicable. (4) Subsection (2) does not apply to a person if the Reporting Authority or the constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates and he continues his involvement. (5) It is a defence for a person charged with an offence under any of sections 19(2), 19 (3) or 20 to 22 to prove that \u2014 (a) he intended to make a disclosure of the kind mentioned in subsections (2) and (3); and (b) there is reasonable excuse for his failure to do so. Terrorism Law (6) Where \u2014 (a) a person is employed by another person; and (b) his employer has established a procedure for the making of disclosures of the same kind as may be made to the Reporting Authority or to a constable under subsection (2), this section shall have effect in relation to that person as if any reference to disclosure to the Reporting Authority or to the constable included a reference to disclosure in accordance with the procedure. (7) A reference in this section to a transaction or arrangement relating to property includes a reference to its use or possession.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Penalties 27. A person who commits an offence under sections 19 to 22 is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for two years; and (b) on conviction on indictment, to a fine and to imprisonment for fourteen years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Forfeiture 28. (1) The court by or before which a person is convicted of an offence under sections 19 to 22 may make a forfeiture order in accordance with this section. (2) Where a person is convicted of an offence under section 19(1) or (2) or 20, the court may order the forfeiture of any property \u2014 (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 section 19(3) the court may order the forfeiture of any property \u2014 (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 section 21, the court may order the forfeiture of the property \u2014 (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. Terrorism Law (5) Where a person is convicted of an offence under section 22, the court may order the forfeiture of the property to which the arrangement in question related. (6) Where a person is convicted of an offence under sections 19 to 22, the court may order the forfeiture of any 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 section, 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 section shall have effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Forfeiture of terrorist cash 29. (1) Schedule 3 which makes provision for enabling cash which \u2014 (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 summary 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. PART IIIA - Freezing of Funds and Designation by Governor, Etc. 29A. Freezing of terrorist funds 29A. Schedule 4A has effect for the purpose of empowering the Governor to \u2014 (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. PART IV - Account Monitoring Orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Account monitoring orders 30. Schedule 4 which makes provision for account monitoring orders shall have effect. Terrorism Law PART V - Terrorist Finance Offences-Jurisdiction\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Terrorist finance- things done outside the Islands 31. (1) A person who does anything outside the Islands and his action would have constituted the commission of an offence under sections 19 to 22 if it had been done in the Islands commits the offence. (2) For the purposes of subsection (1), section 22 (1)(b) shall be read as if for \u201cthe jurisdiction\u201d there were substituted \u201ca jurisdiction\u201d. PART VI - Extradition and Mutual Assistance in Criminal Matters\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Exchange of information relating to terrorist groups and terrorist acts 32. (1) Subject to subsection (2), the Reporting Authority and the Commissioner of Police may, on a request made by the appropriate authority of a foreign state, disclose to that authority, any information in its possession or in the possession of any other government department or agency relating to any of the following \u2014 (a) the actions and movements of terrorist groups suspected of involvement in the commission of terrorist acts; (b) the use of forged or falsified travel papers by persons suspected of involvement in the commission of terrorist acts; (c) traffic in weapons and sensitive materials by terrorist groups or persons suspected of involvement in the commission of terrorist acts; or (d) the use of communications technologies by terrorist groups. (2) A disclosure under subsection (1) may only be made \u2014 (a) if it is not prohibited by any other law; (b) subject to any other law regulating the procedure to be followed when making such a disclosure; and (c) if, in opinion of the Reporting Authority, after consulting with the Attorney General, and the Commissioner of Police, it would not be prejudicial to national security or public safety.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Counter-terrorism Convention to be used as basis for extradition 33. (1) Where \u2014 (a) the United Kingdom becomes a party to a counter-terrorism Convention and it extends such Convention to the Islands; and Terrorism Law (b) there is in force, an extradition arrangement between the United Kingdom and another state which is a party to that counter-terrorism Convention, the extradition arrangement shall be deemed for the purposes of giving effect to this Law to include provision for extradition in respect of offences falling within the scope of that counter-terrorism Convention. (2) Where \u2014 (a) the United Kingdom becomes a party to a counter-terrorism Convention and it extends such Convention to the Islands; and (b) there is no extradition arrangement between the United Kingdom and another state which is a party to that counter-terrorism Convention, the Cabinet may, by order published in the Gazette, treat the counter- terrorism Convention for the purposes of giving effect to this Law, as an arrangement between the United Kingdom and that state for providing for extradition in respect offences falling within the scope of the counter-terrorism Convention.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Counter-terrorism Convention to be used as basis for mutual assistance in criminal matters 34. (1) Where \u2014 (a) the United Kingdom becomes party to a counter-terrorism Convention and it extends such Convention to the Islands; and (b) there is in force an arrangement between the United Kingdom and another state which is a party to that counter-terrorism Convention, for mutual assistance in criminal matters, the arrangement shall be deemed for the purposes of mutual legal assistance legislation in the Islands to include provisions for mutual legal assistance in criminal matters falling within the scope of the counter-terrorism Convention. (2) Where \u2014 (a) the United Kingdom becomes party to a counter-terrorism Convention and it extends such Convention to the Islands; and (b) there is no arrangement between the United Kingdom and another state which is a party to that counter-terrorism Convention, for mutual assistance in criminal matters, the Cabinet may, by order published in the Gazette, treat the counter-terrorism Convention for the purposes of giving effect to this Law, as an arrangement between the United Kingdom and that state for providing for mutual legal assistance in criminal matters falling within the scope of the counter-terrorism Convention. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Offences under this Law deemed not to be offences of a political character for purposes of extradition 35. Notwithstanding any provision in any other Law in the Islands relating to extradition, an offence under this Law shall for the purposes of extradition be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives. PART VII - Terrorist Investigations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Terrorist investigation 36. In this Part \u2014 \u201cterrorist investigation\u201d means an investigation of \u2014 (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 Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Cordoned areas 37. (1) An area is a cordoned area for the purposes of this Part if it is designated under this section. (2) A designation may be made only if the person making it considers it necessary for the purposes of a terrorist investigation. (3) If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable. (4) The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable \u2014 (a) by means of tape marked with the word \u201cpolice\u201d; or (b) in such other manner as a constable considers appropriate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Power to designate cordoned areas 38. (1) Subject to subsection (2), a designation under section 37 may only be made by an officer who is of at least the rank of inspector. (2) A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency. (3) Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable \u2014 (a) make a written record of the time at which the designation was made; and (b) ensure that a police officer of at least the rank of inspector is informed. Terrorism Law (4) An officer who is informed of a designation in accordance with subsection (3)(b) \u2014 (a) shall confirm the designation or cancel it with effect from such time as he may direct; and (b) shall, if he cancels the designation, make a written record of the cancellation and the reason for it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Duration 39. (1) A designation under section 37 has effect, subject to subsections (2) to (5), during the period \u2014 (a) beginning at the time when it is made; and (b) ending with a date or at a time specified in the designation. (2) The date or time specified under subsection (1)(b) must not occur after the end of the period of fourteen days beginning with the day on which the designation is made. (3) The period during which a designation has effect may be extended in writing from time to time by \u2014 (a) the person who made it; or (b) a person who could have made it (otherwise than under section 38(2). (4) An extension shall specify the additional period during which the designation is to have effect. (5) A designation shall not have effect after the end of the period of twenty-eight days beginning with the day on which it is made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Police powers 40. (1) A constable in uniform or a constable who produces identification that he is a constable may \u2014 (a) order a person in a cordoned area to leave such area immediately; (b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area; (c) order the driver or person in charge of a vehicle in a cordoned area to move it immediately from the area; (d) arrange for the removal of a vehicle from a cordoned area; (e) arrange for the movement of a vehicle within a cordoned area; or (f) prohibit or restrict access to a cordoned area by pedestrians or vehicles. (2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed under subsection (1). Terrorism Law (3) A person who commits an offence under subsection (2) is liable on summary conviction to a fine of two thousand dollars and imprisonment for three months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Powers 41. Schedule 5 which deals with the power to obtain information shall have effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Disclosure of information, etc. 42. (1) Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation. (2) The person commits an offence if he \u2014 (a) discloses to another anything which is likely to prejudice the investigation, or (b) interferes with material which is likely to be relevant to the investigation. (3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under sections 3 to 16 and 19 to 22. (4) The person commits an offence if he \u2014 (a) discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section; or (b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section. (5) It is a defence for a person charged with an offence under subsection (2) or (4) to prove that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation. (6) Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser \u2014 (a) to his client or to his client\u2019s representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose; or (b) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose. (7) A person who commits an offence under this section is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and (b) on conviction on indictment, to a fine and to imprisonment for five years. (8) In this section \u2014 (a) a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation; and Terrorism Law (b) a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things. PART VIII - Counter-Terrorist Powers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Repealed 43. Repealed by section 10 of Law 35 of 2016.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Arrest without warrant 44. (1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist. (2) Where a person is arrested under this section the provisions of Schedule 6, which deals with the detention and treatment of terrorist suspects, shall apply. (3) Subject to subsections (4) to (7), a person detained under this section shall, unless detained under any other power, be released not later than the end of the period of forty-eight hours beginning with the time of his arrest under this section. (4) If on a review of a person\u2019s detention under Part III of Schedule 6 the review officer does not authorise continued detention, the person shall, unless detained in accordance with subsection (5) or (6) or under any other power, be released. (5) Where a police officer intends to make an application for a warrant under paragraph 22 of Schedule 6 extending a person\u2019s detention, the person may be detained pending the making of the application. (6) Where an application has been made under paragraph 22 or 29 of Schedule 6 in respect of a person\u2019s detention, he may be detained pending the conclusion of proceedings on the application. (7) Where an application under paragraph 22 or 29 of Schedule 6 is granted in respect of a person\u2019s detention, he may be detained, subject to paragraph 30 of that Schedule, during the period specified in the warrant. (8) The refusal of an application in respect of a person\u2019s detention under paragraph 22 or 29 of Schedule 6 shall not prevent his continued detention in accordance with this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Search of premises 45. (1) A Justice of the Peace may, on the application of a constable, issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 43 is to be found there. Terrorism Law (2) A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in section 44 (1)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Search of person 46. (1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. (2) A constable may search a person arrested under section 44 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. (3) A search of a person under this section shall be carried out by someone of the same gender. (4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Authorisations- power to stop and search 47. (1) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search \u2014 (a) the vehicle; (b) the driver of the vehicle; (c) a passenger in the vehicle; or (d) anything in or on the vehicle or carried by the driver or a passenger. (2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search the pedestrian or anything carried by him. (3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism. (4) An authorisation may be given by a police officer who is of at least the rank of inspector of police. (5) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Exercise of power 48. (1) The power conferred by an authorisation under section 47(1) or (2) \u2014 (a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism; and Terrorism Law (b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind. (2) A constable may seize and retain an article which he discovers in the course of a search under section 47(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism. (3) A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. (4) Where a constable proposes to search a person or vehicle under section 47(1) or (2), he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped. (5) Where \u2014 (a) a vehicle or pedestrian is stopped under section 47(1) or (2), and (b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, under section 51(1) or (2), the written statement shall be provided. (6) An application under subsection (5) must be made within the period of twelve months beginning with the date on which the vehicle or pedestrian was stopped.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Duration of authorisation 49. (1) An authorisation under section 48 has effect, subject to subsections (2) to (7), during the period \u2014 (a) beginning at the time when the authorisation is given; and (b) ending with a date or at a time specified in the authorisation. (2) The date or time specified under subsection (1)(b) must not occur after the end of the period of twenty-eight days beginning with the day on which the authorisation is given. (3) The person who gives an authorisation shall inform the Governor as soon as is reasonably practicable. (4) If an authorisation is not confirmed by the Governor before the end of the period of forty-eight hours beginning with the time when it is given \u2014 (a) it shall cease to have effect at the end of that period, but (b) its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period. (5) Where the Governor confirms an authorisation he may substitute an earlier date or time for the date or time specified under subsection (1)(b). Terrorism Law (6) The Governor may cancel an authorisation with effect from a specified time. (7) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) to (6) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Offences under this Part 50. (1) A person commits an offence if he \u2014 (a) fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 47(1); (b) fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 47(2); or (c) wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 47(1) or (2). (2) A person who commits an offence under this section is liable on summary conviction to a fine of four thousand dollars and imprisonment for six months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Authorisations-parking 51. (1) An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation. (2) An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism. (3) An authorisation may be given by a police officer who is of at least the rank of inspector. (4) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Exercise of power 52. (1) The power conferred by an authorisation under section 51 shall be exercised by placing a traffic sign on the road concerned. (2) A constable exercising the power conferred by an authorisation under section 49 may suspend a parking place.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Duration of authorisation 53. (1) An authorisation under section 51 has effect, subject to subsections (2) and (3), during the period specified in the authorisation. (2) The period specified shall not exceed twenty-eight days. (3) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a Terrorism Law new authorisation were given on each occasion on which the authorisation is renewed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Offences 54. (1) A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed under section 51. (2) A person commits an offence if \u2014 (a) he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed under section 51; and (b) he fails to move the vehicle when ordered to do so by a constable in uniform. (3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question. (4) Possession of a current disabled person\u2019s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3). (5) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of two thousand dollars. (6) A person who commits an offence under subsection (2) is liable on summary conviction to a fine of two thousand dollars and imprisonment for three months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Power to intercept communications and the admissibility of intercepted communications 55. (1) Subject to subsection (2), a constable who is of at least the rank of inspector may, for the purposes of obtaining evidence of the commission of an offence under this Law, apply to the Governor in writing for an interception of communications order. (2) The constable may make an application under subsection (1) only with the prior written consent of the Attorney General. (3) The Governor may make an order \u2014 (a) requiring a service provider to intercept and retain a specified communication or communications of a specified description received or transmitted or about to be received or transmitted by that service provider; (b) authorising the constable to enter any premises and to install on such premises any device for the interception and retention of a specified communication or communication of a specified description and to remove and retain such device, Terrorism Law if the Governor is satisfied that the written consent of the Attorney General has been obtained as required by subsection (2) and that there are reasonable grounds to believe that material information relating to \u2014 (i) the commission of an offence under this Law; or (ii) the whereabouts of the person suspected by the constable to have committed the offence, is contained in that communication or communications of that description. (4) Any information contained in a communication \u2014 (a) intercepted and retained pursuant to an order under subsection (3); or (b) intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a judge of that foreign state to have been so intercepted and retained, shall be admissible in proceedings for an offence under this Law, as evidence of the truth of its contents notwithstanding the fact that it contains hearsay.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Definitions in this Part 56. In sections 51 to 54 \u2014 \u201cdisabled person\u2019s badge\u201d means a badge issued, or having effect as if issued, under any regulations for the time being in force under the Traffic Law, 2011 [Law 26 of 2011]; \u201cdriver\u201d means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there; and \u201cparking\u201d means leaving a vehicle or permitting it to remain at rest. PART IX - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Police powers 57. (1) A power conferred under this Law on a constable \u2014 (a) is additional to powers which he has at common law or under any other enactment; and (b) shall not be taken to affect those powers. (2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him under this Law. (3) Where anything is seized by a constable under a power conferred under this Law, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Powers to stop and search 58. (1) A power to search premises conferred under this Law shall be taken to include power to search a container. (2) A power conferred under this Law to stop a person includes power to stop a vehicle (other than an aircraft which is airborne). (3) A person commits an offence if he fails to stop a vehicle when required to do so under this section. (4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine of four thousand dollars and to imprisonment for six months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Evidence 59. (1) A document which purports to be \u2014 (a) a notice or direction given or order made by the Governor for the purposes of a provision of this Law; 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 given or made by the Governor. (2) A document bearing a certificate which \u2014 (a) purports to be signed by or on behalf of the Governor; and (b) states that the document is a true copy of a notice or direction given or order made by the Governor for the purposes of a provision of this Law, shall be evidence of the document in legal proceedings. (3) In subsections (1) and (2), a reference to an order does not include a reference to an order made by statutory instrument.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Regulations 60. The Cabinet may make such regulations as are required for the effective implementation of this Law, and such regulations may contain savings and transitional provisions, and may make different provisions for different purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Directions 61. A direction given under this Law may be varied or revoked by a further direction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Provision as to offences under this Law and the Terrorism (United Nations Measures) (Overseas Territories) Order, 2001 62. Where any act or omission constitutes an offence under this Law and the Terrorism (United Nations Measures) (Overseas Territories) Order, 2001 the offender is, unless the contrary intention appears, liable to be prosecuted and punished under either this Law or the Order but is not liable to be punished twice for the same offence. Terrorism Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Report to Legislative Assembly 63. The Attorney General shall lay before the Legislative Assembly at least once in every twelve months a report on the working of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Savings and transitional provisions 64. (1) Where \u2014 (a) prior to the date of commencement of the Terrorism (Amendment) Law, 2017[Law 48 of 2017], \u201camending Law\u201d, 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 the 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 the 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 the 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. (3) In this section \u201cformer Law\u201d means the principal Law in force immediately before the date of commencement of the amending Law. Terrorism Law SCHEDULE 1 SCHEDULE 1 (section 25) DISCLOSURE OF INFORMATION: REGULATED AND PUBLIC SECTORS PART 1 REGULATED SECTOR Failure to disclose 1. (1) A person commits an offence if each of the following conditions is satisfied. (2) The first condition is that he knows or suspects, or has reasonable grounds for knowing or suspecting, that another person has committed an offence under sections 19 to 22. (3) The second condition is that the information or other matter on which his knowledge or suspicion is based or which gives reasonable grounds for such knowledge or suspicion, came to him in the course of a business in the regulated sector. (4) The third condition is that he does not disclose the information or other matter to a constable or a nominated officer as soon as is practicable after it comes to him. (5) A person does not commit an offence under this paragraph if he is a professional legal adviser and the information or other matter came to him in privileged circumstances. (6) In deciding whether a person committed an offence under this paragraph the court must consider whether he followed any relevant guidance which was at the time concerned \u2014 (a) issued by the Authority or any other appropriate body; (b) approved by the Cabinet; and (c) published in a manner approved by the Cabinet as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it. (7) A certificate signed by or on behalf of the Cabinet or a true copy of such a certificate that a matter was, or was not, approved by the Cabinet at any material time for the purposes of subparagraph (6) shall be conclusive evidence of that fact in any legal proceedings, and a document which purports to be such a certificate or to be a true copy of such a certificate) shall be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be such a certificate or such a copy. SCHEDULE 1 Terrorism Law (8) A disclosure to a nominated officer is a disclosure which is made \u2014 (a) to a person nominated by the alleged offender's employer to receive disclosures under this paragraph; and (b) in the course of the alleged offender's employment and in accordance with the procedure established by the employer for the purpose. (9) Information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated or given to him \u2014 (a) by or by a representative of a client of his in connection with the giving by the adviser of legal advice to the client; (b) by or by a representative of a person seeking legal advice from the adviser; or (c) by a person in connection with legal proceedings or contemplated legal proceedings. (10) Subparagraph (9) does not apply to information or other matter which is communicated or given with a view to furthering a criminal purpose. (11) For the purposes of subparagraph (2) a person is taken to have committed an offence there mentioned if \u2014 (a) he has taken an action or been in possession of a thing; and (b) he would have committed an offence if he had been in the Islands at the time when he took the action or was in possession of the thing. (12) For the purposes of this paragraph an appropriate body is any body which regulates or is representative of any trade, profession, business or employment carried on by the alleged offender. (13) A person who commits an offence under this paragraph is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; or (b) on conviction on indictment, to a fine and to imprisonment for five years. Protected disclosures 2. (1) A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the disclosure of information however imposed. (2) The first condition is that the information or other matter disclosed came to the person making the disclosure (\u201cthe discloser\u201d) in the course of a business in the regulated sector. (3) The second condition is that the information or other matter causes the discloser to know or suspect or gives him reasonable grounds for knowing or suspecting, that another person has committed an offence under sections 19 to 22. Terrorism Law SCHEDULE 1 (4) The third condition is that the disclosure is made to a constable or nominated officer as soon as is practicable after the information or other matter comes to the discloser. (5) A disclosure to a nominated officer is a disclosure which is made \u2014 (a) to a person nominated by the discloser's employer to receive disclosures under this paragraph; and (b) in the course of the discloser\u2019s employment and in accordance with the procedure established by the employer for that purpose. PART 2 PUBLIC SECTOR Authorised or required disclosures 3. (1) Notwithstanding any restriction otherwise imposed by any Law on the disclosure by a specified public officer or a specified public authority of information obtained in an official capacity by that officer or authority, that officer or authority may, and shall if so directed by the Cabinet under this paragraph, disclose such information for any of the purposes to which this paragraph applies. (2) A direction given by the Cabinet under this paragraph may specify the information to be disclosed, the person or authority to whom it is to be disclosed and the manner in which and any conditions subject to which it is to be disclosed. (3) The information that may, or may be directed to be, disclosed under this paragraph includes information obtained before the commencement of this paragraph. (4) A person who fails to comply with a direction given by the Cabinet under this paragraph commits an offence and is liable \u2014 (a) on summary conviction to a fine of four thousand dollars and to imprisonment for six months; or (b) on conviction on indictment to a fine and to imprisonment for five years. (5) The purposes to which this paragraph applies are \u2014 (a) the purposes of any terrorist finance criminal investigation which may be carried out, whether in the Islands or elsewhere; (b) the purposes of any terrorist finance criminal proceedings which have been or may be initiated, whether in the Islands or elsewhere; (c) the purposes of the initiation or bringing to an end of any such investigation or proceedings; and SCHEDULE 1 Terrorism Law (d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end. (6) Nothing in this paragraph shall be taken to prejudice any power to disclose information which exists apart from this paragraph. (7) In this paragraph \u2014 \u201cspecified public authority\u201d means any authority that is specified for the purposes of this paragraph by an order made by the Cabinet; \u201cspecified public officer\u201d means any person holding or acting in any office that is specified for the purposes of this paragraph by an order made by the Cabinet; \u201cterrorist finance criminal investigation\u201d means an investigation of any conduct which \u2014 (i) constitutes one or more terrorist finance offences; or (ii) is, or corresponds to, conduct which, if it took place in the Islands, would constitute such an offence or such offences; and includes an investigation of any such alleged or suspected such conduct and an investigation of whether any such conduct has taken place; \u201cterrorist finance criminal proceedings\u201d means proceedings for a terrorist finance offence or for terrorist finance offences or, if they are proceedings outside the Islands, for an offence or offences substantially corresponding to a terrorist finance offence or to terrorist finance offences; and \u201cterrorist finance offence\u201d means an offence under sections 19 to 22. Restriction on disclosure of information for overseas purposes 4. (1) The Cabinet may give a direction which \u2014 (a) specifies any overseas proceedings or overseas investigation or any description of such proceedings or investigations, and (b) prohibits, either absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in the direction, the making of any relevant disclosures for the purposes of those proceedings or that investigation or, as the case may be, proceedings or investigations of that description. (2) In subparagraph (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure which \u2014 (a) is authorised by paragraph 3 or by or under any other law in the Islands; and (b) is a disclosure of such information as is described in the direction. (3) A person who discloses any information in contravention of a direction under Terrorism Law SCHEDULE 1 this paragraph commits an offence and is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for three months; or (b) on conviction on indictment, to a fine and to imprisonment for two years. (4) In this paragraph \u2014 \u201coverseas investigation\u201d means a terrorist finance criminal investigation as defined in paragraph 3(7) which is being, or will or may be, conducted by an authority of a country or territory outside the Islands; and \u201coverseas proceedings\u201d means terrorist finance criminal proceedings as defined in paragraph 3(7) which are taking place, or will or may take place, in a country or territory outside the Islands. SCHEDULE 2 Terrorism Law SCHEDULE 2 (section 28) FORFEITURE ORDERS PART 1 Orders in the Islands Definitions 1. In this Schedule \u2014 \u201cforfeiture order\u201d means an order made by a court under section 28; and \u201cforfeited property\u201d means the money or other property to which a forfeiture order applies. Implementation of forfeiture orders 2. (1) Where a court makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may - (a) require any of the forfeited property to be paid or handed over to the proper officer specified in the order; (b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds if any to be paid to the proper officer; (c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise such property in such manner as the court may direct and to pay the proceeds to the proper officer; or (d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 28(7). (2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). (3) In subparagraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation. 3. (1) A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c). Terrorism Law SCHEDULE 2 (2) Where and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses out of the revenue of the Islands. (3) A receiver appointed under paragraph 2 is not liable to any person in respect of any loss or damage resulting from action which - (a) he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property; (b) he would be entitled to take if the property were forfeited property; and (c) he reasonably believes that he is entitled to take because of his belief that the property is forfeited property. (4) Subparagraph (3) does not apply where the loss or damage is caused by the receiver\u2019s negligence. 4. (1) In paragraph 2 \u2014 \u201cthe proper officer\u201d means the Clerk of the Grand Court. (2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by - (a) the prosecutor in the proceedings in which the forfeiture order was made; (b) the defendant in those proceedings, or (c) a person whom the court heard under section 28(7) before making the order. (3) The certificate shall state the extent if any to which, at the date of the certificate, effect has been given to the forfeiture order. Restraint orders 5. (1) The court may make a restraint order under this paragraph where \u2014 (a) proceedings have been instituted in the Islands for an offence under sections 19 to 22 of the Proceeds of Crime Law (2018 Revision) and section 20 of this Law; (b) the proceedings have not been concluded; (c) an application for a restraint order is made to the court by the prosecutor; and (d) a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence. (2) The court may also make a restraint order under this paragraph where \u2014 (a) it is satisfied that a person is to be charged in the Islands with an offence under sections 19 to 22; (b) an application for a restraint order is made to the court by the person whom the court is satisfied will have the conduct of the proposed proceedings for the offence; and SCHEDULE 2 Terrorism Law (c) it appears to the court that a forfeiture order may be made in those proceedings. (3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in subparagraph (1) or (2). (4) A restraint order \u2014 (a) may be made only on an application by the Director of Public Prosecutions; and (b) may be made on an ex parte application to a judge in chambers without notice. (5) In this paragraph, a reference to dealing with property includes a reference to removing the property from the Islands. 6. (1) A restraint order shall provide for notice of it to be given to any person affected by the order. (2) A restraint order may be discharged or varied by the court on the application of a person affected by it. (3) In particular, a restraint order shall be discharged on an application under subparagraph (2) - (a) in the case of an order made under paragraph 5(2), if the proceedings in respect of the offence are not instituted within such time as the court considers reasonable; and (b) in any case, if the proceedings for the offence have been concluded. 7. (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from the Islands. (2) Property seized under this paragraph shall be dealt with in accordance with the court\u2019s directions. 8. In the case of a restraint order made in respect of land \u2014 (a) the restraint order shall inhibit for a specified period of time, until the occurrence of a specified event or generally until further order, the registration of any dealing with any interest in the land; (b) a copy of the restraint order under the seal of the court, with the particulars of the land, lease or charge thereby affected shall be sent to the Registrar of Lands who shall register it in the Land Register maintained under section 9 of the Registered Land Law (2018 Revision) in respect of the land in question, and no restraint order shall bind or affect any interest in the land until it has been registered; and Terrorism Law SCHEDULE 2 (c) so long as the restraint order remains registered, no instrument which is inconsistent with it shall be registered. Compensation 9. (1) This paragraph applies where a restraint order is discharged under paragraph 6(3)(a). (2) This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under sections 19 to 22 and which \u2014 (a) do not result in conviction for an offence under any of those sections; (b) result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by the Governor; or (c) result in conviction for an offence under any of those sections which is subsequently quashed. (3) A person who had an interest in any property which was subject to the order may apply to the court for compensation. (4) The court shall not order compensation to be paid in any case unless the court is satisfied \u2014 (a) that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned; (b) that the person concerned was or was acting as a member of the Service or was acting under the authority of the Director of Public Prosecutions; (c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order; and (d) that, having regard to all the circumstances, it is appropriate to order compensation to be paid. (5) The court shall not order compensation to be paid in any case where it appears to the court that the proceedings would have been instituted or continued even if the serious default had not occurred. (6) The amount of compensation to be paid under this section shall be such as the court thinks just in all the circumstances of the case. Proceedings for an offence: timing 10. (1) For the purposes of this Schedule, proceedings for an offence are instituted \u2014 (a) when a summons or warrant is issued in respect of the offence; (b) when a person is charged with the offence after being taken into custody without a warrant; or SCHEDULE 2 Terrorism Law (c) when a bill of indictment charging a person with the offence is preferred. (2) Where the application of subparagraph (1) would result in there being more than one time for the institution of proceedings the proceedings shall be taken to be instituted at the earliest of those times. (3) For the purposes of this Part, proceedings are concluded \u2014 (a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all of the forfeited property; or (b) when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time). PART 2 EXTERNAL ORDERS Enforcement of orders made in designated countries 11. (1) The Cabinet may, by Order \u2014 (a) designate countries and territories outside the Islands to whose external orders and proceedings this Law shall apply, subject to subparagraph (2); and (b) specify appropriate authorities within designated countries that are to give effect to the provisions of this Law in relation to external orders and to related proceedings. (2) An \u201cexternal order\u201d means an order \u2014 (a) which is made in a country or territory designated for the purposes of this paragraph by the order; and (b) which makes relevant provision. (3) \u201cRelevant provision\u201d means \u2014 (a) provision for the forfeiture of terrorist property (\u201can external forfeiture order\u201d); or (b) provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (\u201can external restraint order\u201d). (4) An order under this paragraph may, in particular, include provision \u2014 (a) which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced; Terrorism Law SCHEDULE 2 (b) which disapplies, or qualifies or modifies the application of, any of the provisions of subparagraphs (6)(b) and (7) to (14) to or in relation to any specified external order (or any specified class of such orders) made in a specified designated country or territory; or (c) for the proof of any matter relevant for the purposes of anything falling to be done under the order. (5) An order under this paragraph may also make provision with respect to anything falling to be done on behalf of the Islands in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order. (6) An external order shall be enforced in the Islands only in accordance with \u2014 (a) the provisions of, or any provisions made under, this paragraph, and (b) any provisions made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced in the Islands. (7) On an application made to it in accordance with rules of court for registration of an external order made in a designated country or territory, the court shall direct that the order shall, in accordance with such rules, be registered in that court. (8) Rules of court shall also make provision \u2014 (a) for cancelling or varying the registration of an external forfeiture order when effect  has been given to it, whether in the Islands or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies; and (b) for cancelling or varying the registration of an external restraint order which has been discharged or varied by the court by which it was made. (9) If an external forfeiture order is registered under this paragraph, the court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it, and \u2014 (a) paragraphs 3 and 4 shall apply accordingly; and (b) after making any payments required under paragraph 2(1)(d) or (3), the balance of any sums received by the proper officer as defined by paragraph 4(1) by an order made under this subparagraph shall be paid by him to the Cabinet. (10) If an external restraint order is registered under this paragraph \u2014 (a) paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5; and (b) the court shall have the like power, in relation to proceedings brought or likely to be brought for that order, to make an order for inspection of property or for related matters as it would have, under any law for the time SCHEDULE 2 Terrorism Law being in force in the Islands, if those proceedings had been brought or were likely to be brought in the court. (11) In addition, if an external order is registered under this paragraph \u2014 (a) the court shall have, in relation to its enforcement, the same power as if the order had originally been made in the court; (b) proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the court; and (c) proceedings for or with respect to the contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the court. (12) The court may also make such orders or do otherwise as seems to it appropriate for the purpose of \u2014 (a) assisting the achievement in the Islands of the purposes of an external order that has been registered under this paragraph; or (b) assisting a receiver or other person directed by such an external order to sell or otherwise dispose of property. (13) The following documents shall be received in evidence in the Islands without further proof \u2014 (a) a document purporting to be a copy of an external order and to be certified as such by an officer (who is authorised to do so) of the court by which it was made; and (b) a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by an officer of the court concerned. (14) Where, under this paragraph, a thing is to be done in accordance with rules of court, it may, if there are for the time being no rules of court in force in the Islands governing that matter, be done in accordance with such directions in that behalf as may be given by a judge of the court on application made ex parte to him in chambers. (15) An order made by the Cabinet under this paragraph  \u2014 (a) may make different provision for different matters; and (b) shall not be made unless a draft of it has been laid before and approved by resolution of the Legislative Assembly. PART 3 INSOLVENCY General Terrorism Law SCHEDULE 2 12. In this Part \u2014 \u201cancillary order\u201d means an order made in connection with a forfeiture, other than the forfeiture order; \u201cforfeiture order\u201d means an order made in the Islands under section 28 or an external forfeiture order which is enforceable in the Islands under an order made by the Cabinet under paragraph 11; \u201cforfeited property\u201d means the money or other property to which a forfeiture order applies, and \u201crestraint order\u201d means an order made under paragraph 5 or an external restraint order which is enforceable in the Islands under an order made by the Cabinet under paragraph 11. Protection of creditors against forfeiture 13. (1) During the period of six months beginning with the making of a forfeiture order, the following shall not be disposed of under this Schedule \u2014 (a) the money to which the order applies; and (b) the money which represents any property to which the order applies. (2) For the purposes of this paragraph, money is finally disposed of under this Schedule when \u2014 (a) in the case of a forfeiture order made in the Islands, it is paid to the person or authority authorised by law in the Islands to receive the proceeds of fines; or (b) in the case of an external forfeiture order, it is paid to the Cabinet under paragraph 11(9)(b). 14. (1) This paragraph applies where \u2014 (a) before or after a forfeiture order is made, the commencement of an insolvency occurs in qualifying insolvency proceedings; (b) an insolvency practitioner would, but for the forfeiture order, exercise a function in those proceedings in relation to property to which the forfeiture order applies; and (c) the insolvency practitioner gives written notice to the relevant officer of the matters referred to in subsubparagraphs (a) and (b) before the end of the period of six months beginning with the making of the forfeiture order. (2) Subparagraph (3) shall apply to \u2014 (a) the property in relation to which the insolvency practitioner would, but for the forfeiture order, exercise a function as described in subparagraph (1)(b); and SCHEDULE 2 Terrorism Law (b) the proceeds of sale of that property. (3) The property \u2014 (a) shall cease to be subject to the forfeiture order and any ancillary order; and (b) shall be dealt with in the insolvency proceedings as if the forfeiture order had never been made. (4) (a) The property to which subparagraph (3) applies is the balance remaining after the relevant officer has exercised his powers under paragraph 17(1), and (b) Subparagraph (3) shall not take effect in respect of property in relation to which the relevant officer, or any person acting in pursuance of an ancillary order, has incurred obligations until those obligations have been discharged. (5) In this paragraph \u2014 \u201cthe commencement of an insolvency\u201d means \u2014 (a) the making of a bankruptcy order; (b) in the case of the insolvent estate of a deceased person, the making of an insolvency administration order; or (c) in the case of a company, the passing of a resolution for its winding up or, where no such resolution has been passed, the making of an order by a court for its winding up. 15. (1) Where under paragraph 14(3) property falls to be dealt with in insolvency proceedings, the Cabinet shall be taken to be a creditor in those proceedings to the amount or value of the property. (2) The debt of the Cabinet shall rank after the debts of all other creditors. 16. (1) This paragraph applies to any property which ceased to be subject to a forfeiture order under paragraph 14(3) in consequence of the making of a bankruptcy order. (2)  The property shall again become subject to the forfeiture order and, if applicable, any ancillary order if the bankruptcy order is annulled. (3) Where the property is money or has been converted into money \u2014 (a) the court which ordered the annulment of the bankruptcy shall make an order specifying property comprised in the estate of the bankrupt or debtor to the amount or value of the property; and (b) the specified property shall become subject to the forfeiture order, and any applicable ancillary order, in place of the property. 17. (1) Where money or other property falls to be dealt with in accordance with paragraph 14(3), the relevant officer may \u2014 Terrorism Law SCHEDULE 2 (a) deduct allowable forfeiture expenses from that money; (b) retain so much of that property as he considers necessary for the purpose of realising it and deducting allowable forfeiture expenses from the proceeds of realisation. (2) Where property is delivered up in pursuance of paragraph 14(3) and the relevant officer has not made provision under subparagraph (1) for all the allowable forfeiture expenses, then \u2014 (a) a person who has incurred allowable forfeiture expenses for which provision has not been made shall have a claim to their value in the insolvency proceedings, and (b) the expenses in question shall be treated for the purposes of the insolvency proceedings as if they were expenses of those proceedings. Protection of insolvency practitioners 18. (1) This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a forfeiture order or a restraint order and \u2014 (a) he reasonably believes that he is entitled to do so in the exercise of his functions; and (b) he would be so entitled if the property were not subject to a forfeiture order or a restraint order. (2) The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence. (3) The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale \u2014 (a) for such of his expenses as were incurred in connection with the insolvency proceedings in relation to which the seizure or disposal purported to take place, and (b) for so much of his remuneration as may be reasonably assigned for his acting in connection with those proceedings. (4) Subparagraphs (1) to (3) are without prejudice to the generality of any provision contained in any Law relating to insolvency. (5) In this paragraph \u2014 \u201cinsolvency practitioner\u201d means a person acting as such and, for the purposes of this paragraph, the question whether any person is acting as such shall be determined in accordance with subparagraphs (6), (7) and (8) except that the expression shall also include an Official Receiver (however styled) acting as receiver or manager of property. SCHEDULE 2 Terrorism Law (6) For the purposes of this paragraph a person acts as an insolvency practitioner in relation to a company by acting \u2014 (a) as its liquidator, provisional liquidator, administrator or administrative receiver; or (b) as supervisor of a voluntary arrangement approved by it under the Companies Law (2018 Revision). (7) For the purposes of this paragraph, a person acts as an insolvency practitioner in relation to an individual by acting \u2014 (a) as his trustee in bankruptcy or interim receiver of his property; or (b) as trustee under a deed which is a deed of arrangement made for the benefit of his creditors; or (c) as supervisor of a voluntary arrangement proposed by him and approved under the Bankruptcy Law (1997 Revision); or (d) in the case of a deceased individual to whose estate the provisions of the law for the time being in force in the Islands relating to the administration of the insolvent estates of deceased persons apply, as administrator of that estate. (8) References in subparagraph (7) to an individual include, except in so far as the context otherwise requires, references to a partnership. 19. (1) The Cabinet may make an order under this paragraph to secure that an external insolvency practitioner has the same rights under this Part of the Schedule in relation to property situated in the Islands as he would have if he were an insolvency practitioner in the Islands. (2) An order made this paragraph may, in particular, include \u2014 (a) provision which modifies the rights under this Part of this Schedule which are to be conferred under the order; (b) provision as to the manner in which the rights conferred under the order are to be exercised; (c) provision as to the conditions subject to which those rights are to be exercised, including the obtaining of leave from a court; and (d) provision empowering a court granting such leave to impose such conditions as it thinks fit. (3)  An order under this paragraph may make different provision for different purposes. (4) In this paragraph \u2014 \u201cexternal insolvency practitioner\u201d means a person exercising under the insolvency law of a designated country or territory (that is to say, a country or territory designated as mentioned in paragraph 11) functions corresponding to Terrorism Law SCHEDULE 2 those exercised by insolvency practitioners under the Bankruptcy Law (1997 Revision); \u201cinsolvency law of the Islands\u201d include the provisions of the Companies Law (2018 Revision), the Bankruptcy Law (1997 Revision) and the provisions of any other law in the Islands which relate to companies and the disqualification of company directors; and \u201cinsolvency law of a designated country or territory\u201d means so much of the law for the time being in force in that country or territory as corresponds to provisions falling within subparagraph (b). Definitions and interpretation 20. (1) In this Part (other than in paragraph 18) \u2014 \u201cinsolvency practitioner\u201d mean a person acting in any qualifying insolvency proceedings in the Islands as \u2014 (a) a liquidator of a company or partnership; (b) a trustee in bankruptcy; (c) an administrator of the insolvent estate or a deceased person; or (d) a receiver or manager of any property. \u201cqualifying insolvency proceedings\u201d means \u2014 (a) any proceedings, under any law for the time being in force in the Islands relating to insolvency, for the winding up of a company or an unregistered company and includes any voluntary winding up of a company under any such law; (b) any proceedings, under any such law, for the winding up of an insolvent partnership; (c) any proceedings in bankruptcy; or (d) any proceedings, under any such law, in relation to the insolvent estate of a deceased person. \u201crelevant officer\u201d means the proper officer within the meaning given in paragraph 4. (2) In this Part, references to the proceeds of sale or realisation of property are references to the proceeds after deduction of the costs of sale or realisation. SCHEDULE 3 Terrorism Law SCHEDULE 3 (section 29) FORFEITURE OF TERRORIST CASH PART I INTRODUCTORY Terrorist cash 1. (1) This Schedule applies to cash (\u201cterrorist cash\u201d) and property which is earmarked as terrorist property. (2) In this Schedule \u2014 \u201ccash\u201d means \u2014 (a) coins and notes in any currency; (b) postal orders; (c) cheques of any kind, including travellers\u2019 cheques; (d) bankers\u2019 drafts; and (e) bearer bonds and bearer shares, found at any place in the Islands. (3) Cash also includes any kind of monetary instrument found in the Islands if the instrument is specified by the Cabinet by order. PART 2 SEIZURE AND DETENTION Seizure of cash 2. (1) An authorised officer may seize any cash if he has reasonable grounds for suspecting that it is terrorist cash. (2) An authorised officer may also seize cash part of which he has reasonable grounds for suspecting to be terrorist cash if it is not reasonably practicable to seize only that part. Detention of seized cash 3. (1) While the authorised officer continues to have reasonable grounds for his suspicion, cash seized may be detained initially for a period of forty-eight hours. (2) The period for which the cash or any part of it may be detained may be extended by an order made by a summary court; but the order may not authorise the detention of any of the cash \u2014 Terrorism Law SCHEDULE 3 (a) beyond the end of the period of three months beginning with the date of the order; and (b) in the case of any further order under this paragraph, beyond the end of the period of two years beginning with the date of the first order. (3) A Justice of the Peace may also exercise the power of a summary court to make the first order under subparagraph (2) extending the period. (4) An order under subparagraph (2) shall provide for notice to be given to persons affected by it. (5) An application for an order under subparagraph (2) may be made by an authorised officer, and the court or Justice may make the order if satisfied, in relation to any cash to be further detained, that one of the following conditions is met \u2014 (a) the first condition is that there are reasonable grounds for suspecting that the cash is intended to be used for the purposes of terrorism and that either \u2014 (i) its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the Islands or elsewhere) proceedings against a person for an offence with which the cash is connected; or (ii) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded; and (b) the second condition is that there are reasonable grounds for suspecting that the cash is property earmarked as terrorist property and that either \u2014 (i) its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the Islands or elsewhere) proceedings against any person for an offence with which the cash is connected; or (ii) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded. Payment of detained cash into an account 4. (1) If cash is detained under this Schedule for more than forty-eight hours, it is to be held in an interest-bearing account and the interest accruing on it is to be added to it on its forfeiture or release. (2) In the case of cash seized under paragraph 2(2), the authorised officer shall, on paying it into the account, release so much of the cash then held in the account as is not attributable to terrorist cash. (3) Subparagraph (1) does not apply if the cash is required as evidence of an offence or evidence in proceedings under this Schedule. SCHEDULE 3 Terrorism Law Release of detained cash 5. (1) This paragraph applies while any cash is detained under this Schedule. (2) A summary court may direct the release of the whole or any part of the cash if satisfied, on an application by the person from whom it was seized, that the conditions in paragraph 3 for the detention of cash are no longer met in relation to the cash to be released. (3) An authorised officer may, after notifying the summary court or Justice under whose order cash is being detained, release the whole or any part of it if satisfied that the detention of the cash to be released is no longer justified. (4) Cash shall not to be released \u2014 (a) if an application for its forfeiture under paragraph 6, or for its release under paragraph 9, is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded; and (b) if (in the Islands or elsewhere) proceedings are started against any person for an offence with which the cash is connected, until the proceedings are concluded. Terrorism Law SCHEDULE 3 PART 3 FORFEITURE Forfeiture 6. (1) While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made to a summary court by an authorised officer. (2) The court may order the forfeiture of the cash or any part of it if satisfied that the cash or part is terrorist cash. (3) In the case of property earmarked as terrorist property which belongs to joint tenants one of whom is an excepted joint owner, the order may not apply to so much of it as the court thinks is attributable to the excepted joint owner's share. (4) An excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him) be earmarked; and references to his share of the earmarked property are to so much of the property as would have been his if the joint tenancy had been severed. Appeal against forfeiture 7. (1) Any party to proceedings in which an order is made under paragraph 6 (\u201ca forfeiture order\u201d) who is aggrieved by the order may appeal to the court. (2) An appeal under subparagraph (1) shall be made within the period of thirty days beginning with the date on which the order is made. (3) The appeal is to be by way of a rehearing. (4) The court may make any order it thinks appropriate and where the court upholds the appeal, it may order the release of the cash. Application of forfeited cash 8. (1) Cash forfeited under this Schedule, and any accrued interest on it, shall be paid into the revenue. (2) Cash shall not be paid in accordance with subparagraph (1) \u2014 (a) before the end of the period within which an appeal under paragraph 7 may be made; or (b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of. SCHEDULE 3 Terrorism Law PART 4 MISCELLANEOUS Victims 9. (1) A person who claims that any cash detained under this Schedule, or any part of it, belongs to him may apply to a summary court for the cash or part to be released to him under this paragraph. (2) The application may be made in the course of proceedings under paragraph 3 or 6 or at any other time. (3) Where it appears to the court concerned that \u2014 (a) the applicant was deprived of the cash claimed, or of property which it represents, by criminal conduct; (b) the property he was deprived of was not, immediately before he was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property; and (c) the cash claimed belongs to him the court may order the cash to be released to the applicant. Compensation 10. (1) Where a forfeiture order is not made in respect of any cash detained under this Schedule, the person to whom the cash belongs or from whom it was seized may make an application to the summary court for compensation. (2) Where, for any period after the initial detention of the cash for forty-eight hours, the cash was not held in an interest-bearing account while detained, the court may order an amount of compensation to be paid to the applicant. (3) The amount of compensation to be paid under subparagraph (2) is the amount the court thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account. (4) Where the court is satisfied that, taking account of any interest to be paid under this Schedule or any amount to be paid under subparagraph (2), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court may order compensation or additional compensation to be paid to him. (5) Where amount of compensation to be paid under subparagraph (4) is the amount the court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (6) Any compensation ordered to be paid under this paragraph is to be paid out of the revenue. Terrorism Law SCHEDULE 3 (7) Where a forfeiture order is made in respect only of a part of any cash detained under this Schedule, this paragraph has effect in relation to the other part. (8) This paragraph does not apply if the court makes an order under paragraph 9. PART 5 PROPERTY EARMARKED AS TERRORIST PROPERTY Property obtained through terrorism 11. (1) A person obtains property through terrorism if he obtains property by or in return for acts of terrorism or acts carried out for the purposes of terrorism. (2) In deciding whether any property was obtained through terrorism \u2014 (a) it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the acts; and (b) it is not necessary to show that the act was of a particular kind if it is shown that the property was obtained though acts of one of a number of kinds, each of which would have been an act of terrorism or an act carried out for the purposes of terrorism. Property earmarked as terrorist property 12. (1) Property obtained through terrorism is earmarked as terrorist property. (2) Where property obtained through terrorism has been disposed of since it was so obtained, it is earmarked as terrorist property only if it is held by a person into whose hands it may be followed. (3) Property may be followed into the hands of a person obtaining it on a disposal by \u2014 (a) the person who obtained the property through terrorism; or (b) a person into whose hands it may under this subparagraph be followed. Tracing property 13. (1) Where property obtained through terrorism (\u201cthe original property\u201d) is or has been earmarked as terrorist property, property which represents the original property is also earmarked. (2) Where a person enters into a transaction by which \u2014 (a) he disposes of the original property or of property which under this Part represents the original property; and (b) he obtains other property in place of it, the other property represents the original property. SCHEDULE 3 Terrorism Law (3) Where a person disposes of property which represents the original property, the property may be followed into the hands of a person who obtains it and it continues to represent the original property. Mixing property 14. (1) Subparagraph (2) applies if a person's property which is earmarked as terrorist property is mixed with other property whether his property or another's. (2) The portion of the mixed property which is attributable to the property earmarked as terrorist property represents the property obtained through terrorism. (3) Property earmarked as terrorist property is mixed with other property if for example it is used \u2014 (a) to increase funds held in a bank account; (b) in part payment for the acquisition of an asset; (c) for the restoration or improvement of land; or (d) by a person holding a leasehold interest in the property to acquire the freehold. Accruing profits 15. (1) This paragraph applies where a person who has property earmarked as terrorist property obtains further property consisting of profits accruing in respect of the earmarked property. (2) The further property is to be treated as representing the property obtained through terrorism. General exceptions 16. (1) Where \u2014 (a) a person disposes of property earmarked as terrorist property; and (a) the person who obtains it on the disposal does so in good faith, for value and without notice that it was earmarked, the property may not be followed into that person\u2019s hands and, accordingly, it ceases to be earmarked. (2) Where \u2014 (a) in pursuance of a judgment in civil proceedings whether in the Islands or elsewhere, the defendant makes a payment to the plaintiff or the plaintiff otherwise obtains property from the defendant; (b) the plaintiff's claim is based on the defendant's criminal conduct; and (c) apart from this subparagraph, the sum received, or the property obtained by the plaintiff would be earmarked as terrorist property, Terrorism Law SCHEDULE 3 the property ceases to be earmarked. (3) Where \u2014 (a) under any law in force in the Islands, a payment is made to any person, or a person otherwise obtains property, in pursuance of a compensation order or a restitution order made in respect of loss or injury suffered in consequence of criminal conduct or other misconduct; and (b) apart from this subparagraph, the sum received, or the property obtained, would be earmarked as terrorist property, the property ceases to be earmarked. PART 6 EXERCISE OF OFFICERS\u2019 POWERS General 17. An authorised officer may enter any premises for the purposes of exercising any of the functions conferred on him under this Schedule. 18. An authorised officer may if necessary use reasonable force for the purpose of exercising a power conferred on him under this Schedule. Information 19.  Information acquired by an authorised officer may be supplied \u2014 (a) to a customs officer; (b) to a constable; (c) to a person specified by order of the Governor for use of in a manner specified in the order. PART 7 Obtaining and disposing of property 20. (1) References to a person disposing of his property include a reference to his disposing of a part of it or to his granting an interest in it or to both; and references to the property disposed of are references to any property obtained on the disposal. (2) Where a person grants an interest in property of his which is earmarked as terrorist property, the question whether the interest is also earmarked is to be determined in the same manner as it is on any other disposal of earmarked property. (3)A person who makes a payment to another is to be treated as making a disposal of SCHEDULE 3 Terrorism Law his property to the other, whatever form the payment takes. (4) Where a person\u2019s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other. (5) A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration. Definitions 21. (1) In this Schedule \u2014 \u201cauthorised officer\u201d means a constable, a customs officer or an immigration officer; \u201ccriminal conduct\u201d means conduct which constitutes an offence in the Islands or would constitute an offence in the Islands if it occurred there; \u201cinterest\u201d means - (i) in relation to land, any legal estate and any equitable interest or power, and (ii) in relation to property other than land, includes any right (including a right to possession of the property); \u201cproperty obtained through terrorism\u201d has the meaning given by paragraph 11; and \u201cvalue\u201d means market value. (2) For the purpose of deciding whether or not property was earmarked as terrorist property at any time (including times before the commencement of this Law), it is to be assumed that this Schedule was in force at that and any other relevant time. (3) Proceedings against any person for an offence are concluded when - (a) the person is convicted or acquitted; (b) the prosecution is discontinued; or (c) the jury is discharged without a finding. Terrorism Law SCHEDULE 4 SCHEDULE 4 (section 30) ACCOUNT MONITORING ORDERS Definition 1. (1) In this Schedule - \u201cfinancial institution\u201d means \u2014 (a) a person who carries on a business of taking deposits for which he is authorised under the Banks and Trust Companies Law (2018 Revision) or any other law of the Islands; (b) a building society within the meaning of the Building Societies Law (2014 Revision); (c) a credit union within the meaning of the Co-operative Societies Law (2001 Revision); (d) a Savings Bank or a Development Bank established by or under any law of the Islands; and (e) a person who carries on an insurance or reinsurance business under the Insurance Law, 2010. (2) The Cabinet may by order provide for a class of person \u2014 (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 under subparagraph (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. Account monitoring orders 2. (1) A judge, on application made to him by a constable of at least the rank of inspector, may make an account monitoring order if he is satisfied that \u2014 (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 shall state that the order is sought against the financial institution specified in the application in relation to information which \u2014 SCHEDULE 4 Terrorism Law (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 \u2014 (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 shall \u2014 (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 shall not exceed the period of ninety 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 of a rank equal or superior to that constable. Discharge or variation 4. (1) An application to discharge or vary an account monitoring order may be made to the court by the constable who applied for the order or any other constable or by any person affected by the order. (2) The court may either discharge the order or may vary the order subject such conditions as it sees fit. 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 Terrorism Law SCHEDULE 4 6. (1) An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed). (2) An institution which fails to comply with an account monitoring order commits an offence. 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) Subparagraph (1) does not apply \u2014 (a) in the case of proceedings for contempt of court; (b) in the case of proceedings under section 25 where the financial institution has been convicted of an offence under sections 19 to 22; or (c) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subparagraph (1). (3) A statement may not be used under subparagraph (2)(c) against a financial institution unless \u2014 (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 of the prosecution. Offence by body corporate, etc. 8. (1) This paragraph applies where an offence under paragraph 6(2) is committed by an institution and it is proved that the offence \u2014 (a) was committed with the consent or connivance of an officer of the institution; or (b) was attributable to neglect on the part of an officer of the institution. (2) The officer of the institution, as well as the institution, shall be deemed to have committed the offence. (3) A person who is convicted of an offence under this paragraph, is liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months. (4) In the case of an institution which is a body corporate, in this paragraph \u2014 \u201cofficer\u201d includes \u2014 (a) a director, manager or secretary; SCHEDULE 4 Terrorism Law (b) a person purporting to act as a director, manager or secretary, and (c) if the affairs of the body are managed by its members, a member. (5) In the case of an institution which is a partnership, in this paragraph \u2014 \u201cofficer\u201d means a partner. (6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph \u201cofficer\u201d means a person concerned in the management or control of the association. Self incrimination 9. (1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees. (2) Subparagraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) including proceedings brought under paragraph 8. Terrorism Law SCHEDULE 4A SCHEDULE 4A (section 29A) FREEZING OF FUNDS, ETC. OF DESIGNATED PERSONS PRELIMINARY Interpretation 1. In this Schedule \u2014 \u201cCaymanian\u201d has the same meaning as in section 2 of the Immigration Law (2015 Revision); \u201cdesignated person\u201d has the meaning given by paragraph 2; \u201ceconomic resources\u201d has the meaning given by paragraph 37(2); \u201cfinal designation\u201d means a designation under paragraph 3 including any renewed designation; \u201cfinancial services\u201d has the meaning given by paragraph 38; \u201cfunds\u201d has the meaning given by paragraph 37(1); \u201cgovernment entity\u201d means any body of the Cayman Islands Government and includes a ministry, portfolio, statutory authority, government company, the Office of the Complaints Commissioner and the Audit Office; \u201cinterim designation\u201d means a designation under paragraph 7; \u201crelevant institution\u201d means \u2014 (a) the Cayman Islands Monetary Authority; (b) a body or person who is part of the regulated sector; or (c) a person conducting relevant financial business, as defined in the Proceeds of Crime Law (2018 Revision), who is not subject to monitoring by the Cayman Islands Monetary Authority for compliance with money laundering regulations; \u201crelevant Security Council resolutions\u201d means - (a) resolution 1267 (1999) adopted by the Security Council of the United Nations on 15th October, 1999; (b) resolution 1373 (2001) adopted by the Security Council of the United Nations on 28th September, 2001; (c) resolution 1452 (2002) adopted by the Security Council of the United Nations on 20th December, 2002; (d) resolution 2178 (2014) adopted by the Security Council of the United Nations on 24th September, 2014; and SCHEDULE 4A Terrorism Law (e) any successor resolutions to the above resolutions adopted by the Security Council of the United Nations; \u201crelevant United Nations Security Council Committee\u201d means \u2014 (a) the United Nations Security Council Committee pursuant to resolutions 1267 (1999) 1989 (2011) and 2253 (2015) concerning ISIL (DA\u2019ESH) AlQaida and associated individuals groups undertakings and entities; or (b) the United Nations Security Council 1988 Committee concerning the Taliban and associated individuals and entities; \u201cterrorist activity\u201d has the meaning given by paragraph 3(3); and \u201cTreasury\u201d means Her Majesty\u2019s Treasury. TERRORIST ASSET-FREEZING Designated persons Introductory Meaning of \u201cdesignated person\u201d 2. In this Schedule \u201cdesignated person\u201d means \u2014 (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. Terrorism Law SCHEDULE 4A Proposed listing, delisting and requested action Listing and delisting procedure 2A. (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 \u2014 (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 \u2014 (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 \u2014 (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; (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. SCHEDULE 4A Terrorism Law Final designations Governor\u2019s power to make final designation 3. (1) Repealed by section of 5(d)(i) of the Terrorism (Amendment) Law, 2017[Law 48 of 2017]. (2) The Governor may, after consultation with the Secretary of State, make a final designation of a person for the purposes of this Schedule \u2014 (a) if he reasonably believes \u2014 (i) that the person is or has been involved in terrorist activity; (ii) that the person is owned or controlled directly or indirectly by a person within subsubsubparagraph (i); or (iii) that the person is acting on behalf of or at the direction of a person within subsubsubparagraph (i); and (b) he considers that it is necessary for purposes connected with protecting members of the public from terrorism that financial restrictions should be applied in relation to the person. (3) For the purposes of this Schedule involvement in terrorist activity means any one or more of the following \u2014 (a) the commission, preparation or instigation of acts of terrorism; (b) conduct that facilitates the commission, preparation or instigation of such acts, or that is intended to do so; (c) conduct that gives support or assistance to persons who are known or believed by the person concerned to be involved in conduct falling within subsubparagraph (a) or (b); and (d)  attempting any conduct identified in subparagraphs (a) to (c). (4) It is immaterial whether the acts of terrorism in question are specific acts of terrorism, terrorist financing or acts of terrorism generally. Requests for designation and other action 3A. (1) The Governor may make a final designation if the Governor \u2014 (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. Terrorism Law SCHEDULE 4A Collection and solicitation of information 3B. The Governor may collect or solicit information to identify persons who meet the criteria for a final designation. Notification of final designation 4. (1) Where the Governor makes a final designation of a person, he shall \u2014 (a) give written notice of the designation to the designated person; and (b) cause the designation to be published in accordance with this paragraph. (2) Unless one or more of the conditions set out in subparagraph (3) is met, the Governor shall cause the designation to be published by notice in the Gazette. (3) The conditions referred to in subparagraph (2) are that \u2014 (a) the Governor believes that the designated person is an individual under the age of eighteen; or (b) the Governor considers that disclosure of the designation should be restricted \u2014 (i) in the interests of national security; (ii) for reasons connected with the prevention or detection of serious crime; or (iii) in the interests of justice. (4) If one or more of the conditions in subparagraph (3) is met, the Governor shall inform only such persons as he considers necessary; but where the condition no longer exists the Governor shall \u2014 (a) give written notice of that fact to the designated person; and (b) cause the designation to be published by notice in the Gazette. Duration of final designation 5. (1) A final designation expires at the end of the period of one year beginning with the date on which it was made, unless it is renewed. (2) The Governor may, after consultation with the Secretary of State, renew a final designation at any time before it expires, if the requirements in paragraph 3(1) or (2) (a) and (b) continue to be met. (3) A renewed final designation expires at the end of the period of one year beginning with the date on which it was renewed, or last renewed, unless it is renewed again. SCHEDULE 4A Terrorism Law (4) Paragraph 4 applies where a final designation is renewed, or further renewed, as in relation to the original making of a final designation. (5) Where a final designation expires the Governor shall \u2014 (a) give written notice of that fact to the designated person; and (b) take reasonable steps to bring that fact to the attention of the persons informed of the designation. Variation or revocation of final designation 6. (1) The Governor may, after consultation with the Secretary of State, vary or revoke a final designation at any time. (2) Where a final designation is varied or revoked, the Governor shall \u2014 (a) give written notice of the variation or revocation to the designated person; and (b) take reasonable steps to bring the variation or revocation to the attention of the persons informed of the designation. Interim designations Governor\u2019s power to make interim designation 7. (1) The Governor may, after consultation with the Secretary of State, make an interim designation of a person for the purposes of this Schedule if the United Nations Security Council has advised that measures should be taken in relation to a person because of the risks of terrorist activities being carried on by that person. (2) The Governor may, after consultation with the Secretary of State, also make an interim designation of a person for the purposes of this Schedule if \u2014 (a) he reasonably suspects \u2014 (i) that the person is or has been involved in terrorist activity; (ii) that the person is owned or controlled directly or indirectly by a person within subsubsubparagraph (i); or (iii) that the person is acting on behalf of or at the direction of a person within subsubsubparagraph (i); and (b) he considers that it is necessary for purposes connected with protecting members of the public from terrorism that financial restrictions should be applied in relation to the person. (3) Paragraph 4(2), (3) and (4) apply for the purposes of this paragraph as they apply for the purposes of that paragraph. (4) The Governor shall not make more than one interim designation of the same Terrorism Law SCHEDULE 4A person in relation to the same, or substantially the same, evidence. Notification of interim designation 8. (1) Where the Governor makes an interim designation of a person, he shall \u2014 (a) give written notice of the designation to the designated person; and (b) cause the designation to be published in accordance with this paragraph. (2) Unless one or more of the conditions set out in subparagraph (3) is met, the Governor shall publicise the designation by notice in the Gazette. (3) The conditions referred to in subparagraph (2) are that \u2014 (a) the Governor believes that the designated person is an individual under the age of eighteen; or (b) the Governor considers that disclosure of the designation should be restricted \u2014 (i) in the interests of national security; (ii) for reasons connected with the prevention or detection of serious crime; or (iii) in the interests of justice. (4) If one or more of those conditions is met, the Governor shall inform only such persons as he considers necessary; but where the condition no longer exists the Governor shall \u2014 (a) give written notice of that fact to the designated person; and (b) cause the designation to be published by notice in the Gazette. Duration of interim designation 9. (1) An interim designation expires \u2014 (a) at the end of the period of thirty days beginning with the date on which it was made; or (b) on the making of a final designation in relation to the same person, whichever is the earlier. (2) Where an interim designation expires the Governor shall \u2014 (a) give written notice of that fact to the designated person; and (b) take reasonable steps to bring that fact to the attention of the persons informed of the designation. (3) Where an interim designation expires on the making of a final designation in relation to the same person \u2014 SCHEDULE 4A Terrorism Law (a) a notice under subparagraph (2) may be combined with a notice under paragraph 4(1)(a); and (b) steps under subparagraph (2) may be combined with steps under paragraph 4 to publicise the final designation. Variation or revocation of interim designation 10. (1) The Governor may, after consultation with the Secretary of State, vary or revoke an interim designation at any time. (2) Where an interim designation is varied or revoked the Governor shall \u2014 (a) give written notice of the variation or revocation to the designated person; and (b) take reasonable steps to bring the variation or revocation to the attention of the persons informed of the designation. Confidential information Confidential information 11. (1) Where the Governor, in accordance with paragraph 4(4) or 8(4), informs only certain persons of a designation, he may specify that information contained in it is to be treated as confidential. (2) A person who \u2014 (a) is provided with information that is to be treated as confidential in accordance with subparagraph (1); or (b) obtains such information, shall not, subject to subparagraph (3), disclose it if he knows, or has reasonable cause to suspect, that the information is to be treated as confidential. (3) The prohibition in subparagraph (2) does not apply to any disclosure made by the person with lawful authority. (4) For the purposes of this paragraph information is disclosed with lawful authority if \u2014 (a) the disclosure is by, or is authorised by, the Governor; (b) the disclosure is by, or with the consent of, the designated person; (c) the disclosure is necessary to give effect to a requirement imposed under or by virtue of this Schedule or any other enactment; or (d) the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description. Terrorism Law SCHEDULE 4A (5) This paragraph does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources. (6) A person who contravenes the prohibition in subparagraph (2) commits an offence. Publication of designated persons list Financial Reporting Authority obligations 11A. (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 \u2014 (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 \u2014 (i) is conducting a relevant financial business as defined in the Proceeds of Crime Law (2018 Revision); and (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. Prohibitions in relation to designated persons Freezing of funds and economic resources 12. (1) A person shall freeze, without delay and without providing prior notice \u2014 (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. SCHEDULE 4A Terrorism Law (2) In subparagraph (1) \u2014 \u201cdealing with\u201d includes \u2014 (e) in relation to funds, transferring, converting, disposing, moving or using; or (f) in relation to economic resources, exchanging or using in exchange for funds, goods or services; and \u201cfreeze\u201d means to prohibit the transfer, conversion disposition, movement or use of any funds or economic resources that are owned or controlled by a designated person. (3) Subparagraph (1) is subject to paragraphs 16A, 17 and 18. (4) A person who contravenes the prohibition in subparagraph (1) commits an offence. (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 first-mentioned person did not know or had no reasonable cause to suspect that the firstmentioned person\u2019s actions would be in contravention of the freezing obligation. Making funds or financial services available to designated person 13. (1) A person shall not make funds or financial services or other related services available, directly or indirectly, wholly or jointly to \u2014 (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. (2) Subparagraph (1) is subject to paragraphs 16A, 17 and 18. (3) A person who contravenes the prohibition in subparagraph (1) commits an offence. Terrorism Law SCHEDULE 4A Making funds or financial services available for benefit of designated person 14. (1) A person shall not make funds, financial services or other related services available, directly or indirectly, wholly or jointly for the benefit of  \u2014 (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. (2) For the purposes of this paragraph \u2014 (a) funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and (b) \u201cfinancial benefit\u201d includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. (3) Subparagraph (1) is subject to paragraphs 16A, 17 and 18. (4) A person who contravenes the prohibition in subparagraph (1) commits an offence. Making economic resources available to designated person 15. (1) A person shall not make economic resources available, directly or indirectly, wholly or jointly to \u2014 (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 (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. (2) Subparagraph (1) is subject to paragraphs 16A and 18. (3) A person who contravenes the prohibition in subparagraph (1) commits an offence. Making economic resources available for benefit of designated person SCHEDULE 4A Terrorism Law 16. (1) A person shall not make economic resources available to any other person for the benefit of \u2014 (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. (2) For the purposes of this paragraph \u2014 (a) economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and (b) \u201cfinancial benefit\u201d includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. (3) Subparagraph (1) is subject to paragraphs 16A and 18. (4) A person who contravenes the prohibition in subparagraph (1) commits an offence. Licences granted outside the Islands 16A. The prohibitions identified in paragraphs 12 to 16 do not apply to anything done \u2014 (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. Exceptions and licences Exceptions 17. (1) The prohibitions in paragraphs 12 to 14 are not contravened by a relevant institution crediting a frozen account with \u2014 (a) interest or other earnings due on the account; or (b) payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account. (2) The prohibitions in paragraphs 13 and 14 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account. (3) A relevant institution shall inform the Governor without delay if it credits a Terrorism Law SCHEDULE 4A frozen account in accordance with subparagraph (1)(b) or (2). (4) In this paragraph \u201cfrozen account\u201d means an account with a relevant institution which is held or controlled, directly or indirectly, by a designated person. Licences 18. (1) The prohibitions in paragraphs 12 to 16 do not apply to anything done under the authority of a licence granted by the Governor. (2) A licence shall specify the acts authorised by it and may be \u2014 (a) general or granted to a category of persons or to a particular person; (b) subject to conditions; and (c) of indefinite duration or subject to an expiry date. (3) The Governor \u2014 (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). (4) On the grant, variation or revocation of a licence, the Governor shall \u2014 (a) in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person; and (b) in the case of a general licence or a licence granted to a category of persons, take such steps as he considers appropriate to publicise the grant, variation or revocation of the licence. (5) A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly \u2014 (a) provides information that is false in a material respect; or (b) provides or produces a document that is not what it purports to be. (6) A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence. Circumventing prohibitions etc. Circumventing prohibitions etc. 19. A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) \u2014 SCHEDULE 4A Terrorism Law (a) to circumvent any of the prohibitions in paragraphs 12 to 16; or (b) to enable or facilitate the contravention of any such prohibition. Information Information for Governor Reporting obligations of relevant institutions 20. (1) A relevant institution shall inform the Governor as soon as practicable if \u2014 (a) it knows, or has reasonable cause to suspect, that a person \u2014 (i) is a designated person; or (ii) has committed an offence under any provision of paragraphs 12 to 16; and (b) the information or other matter on which the knowledge or suspicion is based came to it in the course of carrying on its business. (2) Where a relevant institution informs the Governor under subparagraph (1), it shall state \u2014 (a) the information or other matter on which the knowledge or suspicion is based; and (b) any information it holds about the person by which the person can be identified. (3) Subparagraph (4) applies if \u2014 (a) a relevant institution informs the Governor under subparagraph (1) that it knows, or has reasonable cause to suspect, that a person is a designated person; and (b) that person is a customer of the institution. (4) The relevant institution shall also state the nature and amount or quantity of any funds or economic resources held by it for the customer at the time when it first had the knowledge or suspicion. (4A) A relevant institution shall \u2014 (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. (5) A relevant institution that fails to comply with any requirement of subparagraph (1), (2) or (4) commits an offence. Terrorism Law SCHEDULE 4A Powers to request information 21. (1) The Governor may request a designated person to provide information concerning \u2014 (a) funds or economic resources owned, held or controlled by or on behalf of the designated person; or (b) any disposal of such funds or economic resources. (2) The Governor may request a designated person to provide such information as the Governor may reasonably require about expenditure \u2014 (a) by or on behalf of the designated person; or (b) for the benefit of the designated person. (3) The power in subparagraph (1) or (2) is exercisable only where the Governor believes that it is necessary for the purpose of monitoring compliance with or detecting evasion of this Schedule. (4) The Governor may request a person acting under a licence referred to in paragraph 16A or granted under paragraph 18 to provide information concerning \u2014 (a) funds or economic resources dealt with under the licence; or (b) funds, economic resources or financial services made available under the licence. (5) The Governor may request any person in or resident in the Islands to provide such information as the Governor may reasonably require in order to \u2014 (a) establish for the purposes of this Schedule \u2014 (i) the nature and amount or quantity of any funds or economic resources owned, held or controlled by or on behalf of a designated person; (ii) the nature and amount or quantity of any funds, economic resources or financial services made available directly or indirectly to, or for the benefit of, a designated person; or (iii) the nature of any financial transactions entered into by a designated person; (b) monitor compliance with or detecting evasion of this Schedule; or (c) obtain evidence of the commission of an offence under this Schedule. (6) The Governor may specify the manner in which, and the period within which, information shall be provided; and if no such period is specified, the information which has been requested shall be provided within a reasonable time. (7) A request may include a continuing obligation to keep the Governor informed as circumstances change, or on such regular basis as the Governor may specify. (8) Information requested under this paragraph may relate to any period of time SCHEDULE 4A Terrorism Law during which a person is, or was, a designated person. (9) Information requested under subparagraph (1)(b), (2) or (5)(a)(iii) may relate to any period of time before a person became a designated person, as well as, or instead of, any subsequent period of time. Production of documents 22. (1) A request under paragraph 21 may include a request to produce specified documents or documents of a specified description. (2) Where the Governor requests that documents be produced, he may \u2014 (a) cause copies to be made of, or extracts to be taken from, any document so produced; (b) request any person producing a document to give an explanation of it; and (c) where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is \u2014 (i) in the case of a partnership, a present or past partner or employee of the partnership; or (ii) in any other case, a present or past officer or employee of the body concerned, to give such an explanation. (3) Where the Governor requests a designated person or a person acting under a licence referred to in paragraph 16A or granted under paragraph 18 to produce documents, that person shall \u2014 (a) take reasonable steps to obtain the documents, if they are not already in the person\u2019s possession or control; and (b) keep the documents under the person\u2019s possession or control except for the purpose of providing them to the Governor or as the Governor may otherwise permit. Failure to comply with request for information 23. (1) A person commits an offence who \u2014 (a) without reasonable excuse refuses or fails within the time and in the manner specified, (or, if no time has been specified, within a reasonable time) to comply with any request made or requirement under paragraph 20, 21 or 22; (b) knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request; (c) with intent to evade the provisions of paragraph 20, 21 or 22, destroys, mutilates, defaces, conceals or removes any document; or Terrorism Law SCHEDULE 4A (d) otherwise intentionally obstructs the Governor in the exercise of his powers under paragraphs 20, 21 and 22. (2) Where a person is convicted of an offence under this paragraph, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request. Disclosure of information by Governor General power to disclose information 24. (1) The Governor may disclose any information obtained by him in exercise of his powers under this Schedule, including any document so obtained and any copy made of, or extract taken from, any document so obtained \u2014 (a) to a constable; (b) to a public officer; (c) to the Reporting Authority or the Cayman Islands Monetary Authority; (d) for the purpose of giving assistance or co-operation, pursuant to the relevant Security Council resolutions, to \u2014 (i) any organ of the United Nations; or (ii) any person in the service of the United Nations or the Government of any country; (e) with a view to instituting, or otherwise for the purposes of, any proceedings \u2014 (i) in the Islands, for an offence under this Schedule; or (ii) in the United Kingdom or any British Overseas Territory, for an offence under a similar provision in any such jurisdiction; or (f) with the consent of a person who, in his own right, is entitled to the information or to possession of the document, copy or extract, to any third party. (2) In subparagraph (1)(f) \u201cin his own right\u201d means not merely in the capacity as a servant or agent of another person. Co-operation with local or international investigations 25. The Governor shall take such steps as he considers appropriate to co-operate with any investigation, in the Islands or elsewhere, relating to the funds, economic resources or financial transactions of a designated person. Application of provisions 26. (1) Nothing done under paragraphs 20 to 25 shall be treated as a breach of any restriction imposed by statute or otherwise. SCHEDULE 4A Terrorism Law (2) Notwithstanding subparagraph (1), nothing done under paragraphs 20 to 25 authorises a disclosure that contravenes the Freedom of Information Law (2018 Revision). (3) Paragraphs 20 to 25 shall not be considered to require a person who has acted as an attorney-at-law for any person to disclose any privileged information in his possession in that capacity. (4) Paragraphs 20 to 25 do not limit the circumstances in which information may be disclosed apart from those paragraphs. (5) Paragraphs 20 to 25 do not limit the powers of the Governor to impose conditions in connection with the discharge of his functions under paragraph 18. (6) In this paragraph \u2014 \u201cinformation\u201d includes documents; and \u201cprivileged information\u201d means information with respect to which a claim to legal professional privilege could be maintained in legal proceedings. Supplementary provisions Supervision of exercise of powers Appeal to the court in relation to designations 27. (1) This paragraph applies to any decision of the Governor \u2014 (a) to make or vary an interim or final designation of a person; (b) to renew a final designation of a person; or (c) not to vary or revoke an interim or final designation of a person. (2) The designated person concerned may appeal against any such decision to the Grand Court. (3) On an appeal under subparagraph (2), the court may make such order as it considers appropriate. (4) The making of an appeal under this paragraph does not suspend the effect of the decision to which the appeal relates. Review of other decisions by the court 28. (1) This paragraph applies to any decision of the Governor in connection with his functions under this Schedule other than a decision to which paragraph 27 applies. (2) Any person affected by a decision to which this paragraph applies may apply to the Grand Court for the decision to be set aside. Terrorism Law SCHEDULE 4A (3) In determining whether the decision should be set aside, the court shall apply the principles applicable on an application for judicial review. (4) If the court decides that a decision should be set aside it may make any order, or give any relief, as may be made or given in proceedings for judicial review. Rules of court 29. The Rules Committee of the Grand Court may make rules in relation to proceedings on an appeal under paragraph 27 or on a claim arising from any matter to which such an appeal relates. Offences Penalties 30. (1) A person who commits an offence under paragraph 12, 13, 14, 15, 16 or 19 is liable \u2014 (a) on conviction on indictment, to a fine or to imprisonment for a term of seven years or to both; or (b) on summary conviction, to a fine of ten thousand dollars or to term of imprisonment of twelve months or to both. (2) A person who commits an offence under paragraph 11 or 18 is liable \u2014 (a) on conviction on indictment, to a fine or imprisonment for a term of two years or to both; or (b) on summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of one year or to both. (3) A person who commits an offence under paragraph 20(5) or 23 is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year or to both. Extra-territorial application of offences 31. (1) An offence under this Schedule may be committed by conduct wholly or partly outside the Islands by \u2014 (a) a Caymanian; or (b) a body incorporated or constituted under the law of the Islands. (2) In this paragraph \u201cconduct\u201d includes acts and omissions. (3) Nothing in this paragraph affects any criminal liability arising otherwise than under this paragraph. SCHEDULE 4A Terrorism Law Liability of officers of body corporate etc. 32. (1) Where an offence under this Schedule committed by a body corporate \u2014 (a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity; or (b) is attributable to any neglect on the part of any such person, that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (2) In subparagraph (1) \u201cdirector\u201d, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (3) Subparagraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference \u2014 (a) in the case of a partnership, to a partner; and (b) in the case of an unincorporated body other than a partnership \u2014 (i) where the body\u2019s affairs are managed by its members, to a member of the body; or (ii) in any other case, to a member of the governing body. Jurisdiction to try offences 33. Where an offence under this Schedule is committed outside the Islands proceedings for the offence may be taken in the Islands and the offence may for all incidental purposes be treated as having been committed in the Islands. Time limit for proceedings for summary offences 34. (1) An information relating to an offence under paragraph 20(5) or 23 may be tried by a summary court if it is laid \u2014 (a) at any time within three years after the commission of the offence; and (b) within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. (2) For the purposes of this paragraph a certificate of the prosecutor as to the date on which such evidence as is referred to above came to their notice is conclusive evidence. Consent to prosecution Terrorism Law SCHEDULE 4A 35. (1) Proceedings for an offence under this Schedule may not be instituted except by or with the consent of the Director of Public Prosecutions. (2) Nothing in subparagraph (1) prevents \u2014 (a) the arrest of a person in respect of an offence under this Schedule; or (b) the remand in custody or on bail of a person charged with such an offence. Procedure for offences by unincorporated bodies 36. (1) A fine imposed on an unincorporated body on its conviction of an offence under this Schedule shall be paid out of the funds of the body. (2) If it is alleged that an offence under this Schedule has been committed by an unincorporated body, as opposed to by a member of the body \u2014 (a) proceedings for the offence shall be brought in the name of the body; and (b) for the purposes of such proceedings any rules of court relating to the service of documents have effect as if the body were a body corporate. Interpretation Meaning of \u201cfunds\u201d and \u201ceconomic resources\u201d 37. (1) In this Schedule, \u201cfunds\u201d means financial assets and benefits of every kind, whether from a legitimate or illegitimate source, including \u2014 (a) cash, cheques, claims on money, drafts, money orders and other payment instruments; (b) deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations; (c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products; (d) interest, dividends and other income on or value accruing from or generated by assets; (e) credit, rights of set-off, guarantees, performance bonds and other financial commitments; (f) letters of credit, bills of lading and bills of sale; (g) documents providing evidence of an interest in funds or financial resources; and (h) any other instrument of export financing. (2) In this Schedule, \u201ceconomic resources\u201d means assets of every kind, whether from a legitimate or illegitimate source and whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, SCHEDULE 4A Terrorism Law goods or services. Meaning of \u201cfinancial services\u201d 38. In this Schedule, \u201cfinancial services\u201d means services provided by the regulated sector. Miscellaneous Service of notices 39. (1) Where a notice is required to be given to a person by the Governor under this Schedule, the notice may be given \u2014 (a) by posting it to the person\u2019s last known address; or (b) where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned. (2) Where the Governor does not have an address for the person, he shall cause arrangements to be made for the notice to be given to the person at the first available opportunity. Application 40. (1) This Schedule binds government entities. (2) A contravention by a government entity of a provision of this Schedule shall not make the government entity criminally liable. (3) The Grand Court may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the government entity that constitutes a contravention of a provision of this Schedule. Power to repeal Schedule 41. (1) If the Security Council of the United Nations takes any decision that has the effect of terminating, permanently and without replacement, the operation of the relevant Security Council resolutions, in whole or in part, the Governor shall take steps to repeal the order and shall, through the office of the Deputy Governor, cause to be laid before the Legislative Assembly a draft order repealing this Schedule, in whole or in part, in accordance with the decision. (2) Any order under subparagraph (1) \u2014 (a) may contain such incidental, consequential, supplementary, transitional, transitory or saving provision as the Cabinet considers appropriate, including provision amending or repealing any enactment, whether in this Schedule or elsewhere; Terrorism Law SCHEDULE 4A (b) shall be made by statutory instrument; and (c) shall not be made unless the draft is approved by a resolution of the Legislative Assembly. SCHEDULE 5 Terrorism Law SCHEDULE 5 (section 41) TERRORIST INVESTIGATIONS: INFORMATION PART I Searches 1. (1) A constable of at least the rank of inspector may apply to a Justice of the Peace for the issue of a warrant under this paragraph for the purposes of a terrorist investigation. (2) A warrant under this paragraph shall authorise the constable \u2014 (a) to enter the premises specified in the warrant; (b) to search the premises and any person found there; and (c) to seize and retain any relevant material which is found on a search under subsubparagraph (b). (3) For the purpose of subparagraph (2)(c) material is relevant if the constable has reasonable grounds for believing that \u2014 (a) it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and (b) it must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed. (4) A warrant under this paragraph shall not authorise \u2014 (a) the seizure and retention of items subject to legal privilege, or (b) the constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. (5) Subject to paragraph 2, a Justice may grant an application under this paragraph if satisfied \u2014 (a) that the warrant is sought for the purposes of a terrorist investigation; (b) that there are reasonable grounds for believing that there is material on premises specified in the application which is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation and which does not consist of or include excepted material within the meaning of paragraph 4; and (c) that the issue of a warrant is likely to be necessary in the circumstances of the case. 2. (1) This paragraph applies where an application is made under paragraph 1 and \u2014 Terrorism Law SCHEDULE 5 (a) the application is made by a constable of at least the rank of inspector; (b) the application does not relate to residential premises; and (c) the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c). (2) The Justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a) and (b). (3) Where a warrant under paragraph 1 is issued under this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of twentyfour hours beginning with the time when the warrant is issued. (4) In subparagraph (1) \u2014 \u201cresidential premises\u201d means any premises which the officer making the application has reasonable grounds for believing are used wholly or mainly as a dwelling. 3. (1) Subject to subparagraph (2), a constable of at least the rank of inspector may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area. (2) A constable who is not of the rank required by subparagraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency. (3) An authorisation under this paragraph shall authorise any constable \u2014 (a) to enter the premises specified in the authority; (b) to search the premises and any person found there; and (c) to seize and retain any relevant material within the meaning of paragraph 1(3) which is found on a search under subsubparagraph (b). (4) The powers under subparagraph (3)(a) and (b) may be exercised \u2014 (a) on one or more occasions; and (b) at any time during the period when the designation of the cordoned area under section 37 has effect. (5) An authorisation under this paragraph shall not authorise \u2014 (a) the seizure and retention of items subject to legal privilege; nor (b) the constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. (6) An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which \u2014 SCHEDULE 5 Terrorism Law (a) is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation; and (b) does not consist of or include excepted material. (7) A person commits an offence if he wilfully obstructs a search under this paragraph. (8) A person who commits an offence under subparagraph (7) is liable on summary conviction to a fine of three thousand dollars and to imprisonment for three months. Excepted material 4. (1) In this Schedule \u2014 \u201cexcepted material\u201d includes \u2014 \u201cexcluded material\u201d, \u201cspecial procedure material\u201d and \u201citems subject to legal privilege; \u201cexcluded material\u201d means \u2014 (a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence; (b) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence; and (c) journalistic material which a person holds in confidence and which consists of documents and of records other than documents; and \u201citems subject to legal privilege\u201d means \u2014 (a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client; (b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and (c) items enclosed with or referred to in such communications and made \u2014 (i) in connection with the giving of legal advice; or (ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when they are in the possession of a person who is entitled to possession of them. Terrorism Law SCHEDULE 5 \u201cspecial procedure material\u201d means - (a) material, other than items subject to legal privilege and excluded material, in the possession of a person who - (i) acquired or created it in the course of trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and (ii) holds it subject - (A) to an express or implied undertaking to hold it in confidence; or (B) to a restriction on disclosure or an obligation of secrecy contained in any enactment including an enactment passed after this Law; and (b) journalistic material, other than excluded material. (2) A person holds material other than journalistic material in confidence if he holds it subject \u2014 (a) to an express or implied undertaking to hold it in confidence; or (b) to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment passed after this Law. (3) A person holds journalistic material in confidence where \u2014 (a) he holds it subject to such an undertaking, restriction or obligation; and (b) it has been continuously held by one or more persons subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism. (4) Where material is acquired \u2014 (a) by an employee from his employer and in the course of employment; or (b) by a company from an associated company, it is only special procedure material if it was special procedure material immediately before the acquisition. (5) Where material is created by an employee in the course of his employment it is only special procedure material if it would have been special procedure had his employer created it. (6) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it. Excluded and special procedure material: production and access 5. (1) A constable of at least the rank of inspector may apply to a magistrate for an order under this paragraph for the purposes of a terrorist investigation. (2) An application for an order shall relate to particular material, or material of a SCHEDULE 5 Terrorism Law particular description, which consists of or includes excluded material or special procedure material. (3) An order under this paragraph may require a specified person \u2014 (a) to produce to a constable within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates; (b) to give a constable access to any material of the kind mentioned in subsubparagraph (a) within a specified period; or (c) to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under subsubparagraph (a) or (b). (4) For the purposes of this paragraph \u2014 (a) an order may specify a person only if he appears to the magistrate to have in his possession, custody or power any of the material to which the application relates; and (b) a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the magistrate that a different period would be appropriate in the particular circumstances of the application. (5) Where a magistrate makes an order under subparagraph (3)(b) in relation to material on any premises, he may, on the application of a constable of at least the rank of inspector, order any person who appears to the magistrate to be entitled to grant entry to the premises to allow the constable to enter the premises to obtain access to the material. 6. (1) A magistrate may grant an application under paragraph 5 if satisfied \u2014 (a) that the material to which the application relates consists of or includes excluded material or special procedure material; (b) that it does not include items subject to legal privilege; and (c) that the conditions in subparagraphs (2) and (3) are satisfied in respect of that material. (2) The first condition is that \u2014 (a) the order is sought for the purposes of a terrorist investigation; and (b) there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation. (3) The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it Terrorism Law SCHEDULE 5 should be given having regard \u2014 (a) to the benefit likely to accrue to a terrorist investigation if the material is obtained, and (b) to the circumstances under which the person concerned has any of the material in his possession, custody or power. 7. (1) An order under paragraph 5 may be made in relation to \u2014 (a) material consisting of or including excluded or special procedure material which is expected to come into existence within the period of twenty-eight days beginning with the date of the order; and (b) a person whom the magistrate thinks is likely to have any of the material to which the application relates in his possession, custody or power within that period. (2) Where an order is made under paragraph 5 under this paragraph, paragraph 5(3) shall apply with the following modifications \u2014 (a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power; (b) the reference in paragraph 5(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in subsubparagraph (a) which comes into his possession, custody or power; and (c) the reference in paragraph 5(3) (c) to the specified period shall be taken as a reference to the period of twenty-eight days beginning with the date of the order. (3) Where an order is made under paragraph 5, under this paragraph, paragraph 5(4) shall not apply and the order \u2014 (a) may only specify a person falling within subparagraph (1)(b), and (b) shall specify the period of seven days beginning with the date of notification required under subparagraph (2)(a) unless it appears to the magistrate that a different period would be appropriate in the particular circumstances of the application. 8. (1) An order under paragraph 5 \u2014 (a) shall not confer any right to production of, or access to, items subject to legal privilege, and (b) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise. (2) Where the material to which an application under paragraph 5 relates consists SCHEDULE 5 Terrorism Law of information contained in a computer \u2014 (a) an order under paragraph 5(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and (b) an order under paragraph 5(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible. 9. (1) An order under paragraph 5 may be made in relation to material in the possession, custody or power of a government department. (2) Where an order is made under subparagraph (1) \u2014 (a) it shall be served as if the proceedings were civil proceedings against the department; and (b) it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with the order. 10. (1) An order of a magistrate under paragraph 5 shall have effect as if it were an order of the court. (2) Grand Court Rules may make provision for proceedings relating to an order under paragraph 5 and in particular, the rules may make provision with respect to the variation or discharge of an order. Excluded or special procedure material: search 11. (1) A constable of at least the rank of inspector may apply to a magistrate for the issue of a warrant under this paragraph for the purposes of a terrorist investigation. (2) A warrant under this paragraph shall authorise the constable \u2014 (a) to enter the premises specified in the warrant; (b) to search the premises and any person found there; and (c) to seize and retain any relevant material which is found on a search under subsubparagraph (b). (3) A warrant under this paragraph shall not authorise \u2014 (a) the seizure and retention of items subject to legal privilege; or (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. (4) For the purpose of subparagraph (2)(c), material is relevant if the constable has reasonable grounds to believe that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation. Terrorism Law SCHEDULE 5 12. (1) A magistrate may grant an application under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with. (2) A magistrate may also grant an application under paragraph 11 if satisfied that there are reasonable grounds for believing that \u2014 (a) there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege; and (b) the conditions in subparagraphs (3) and (4) are satisfied. (3) The first condition is that  \u2014 (a) the warrant is sought for the purposes of a terrorist investigation; and (b) the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation. (4) The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because \u2014 (a) it is not practicable to communicate with any person entitled to produce the material; (b) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or (c) a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material. Explanations 13. (1) A constable of at least the rank of inspector may apply to a magistrate for an order under this paragraph requiring any person specified in the order to provide an explanation of any material \u2014 (a) seized in pursuance of a warrant under paragraph 1 or 11, or (b) produced or made available to a constable under paragraph 5. (2) An order under this paragraph shall not require any person to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the court; but an attorney-at-law may be required to provide the name and address of his client. (3) A statement by a person in response to a requirement imposed by an order under this paragraph \u2014 (a) may be made orally or in writing; and SCHEDULE 5 Terrorism Law (b) may be used in evidence against him only on a prosecution for an offence under paragraph 14. (4) Paragraph 10 shall apply to orders under this paragraph as it applies to orders under paragraph 5. 14. (1) A person commits an offence if, in purported compliance with an order under paragraph 13, he \u2014 (a) makes a statement which he knows to be false or misleading in a material particular, or (b) recklessly makes a statement which is false or misleading in a material particular. (2) A person who commits an offence under subparagraph (1) is liable \u2014 (a) on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; or (b) on conviction on indictment, to a fine and to imprisonment for two years. Urgent cases 15. (1) A constable of at least the rank of inspector of at least the rank of inspector may, by a written order signed by him, give to any constable the authority which may be given by a search warrant under paragraph 1 or 11. (2) An order shall not be made under this paragraph unless the officer has reasonable grounds for believing - (a) that the case is one of great emergency; and (b) that immediate action is necessary. (3) Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Director of Public Prosecutions. (4) A person commits an offence if he wilfully obstructs a search under this paragraph. (5) A person who commits an offence under subparagraph (4) is liable on summary conviction to imprisonment for three months and to a fine of four thousand dollars. 16. (1) Where a constable of at least the rank of inspector has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15. (2)  Subparagraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice Terrorism Law SCHEDULE 5 under this paragraph as they apply to an order under paragraph 13. (3) A person commits an offence if he fails to comply with a notice under this paragraph. (4) A person who commits an offence under subparagraph (3) is liable on summary conviction to imprisonment for six months and to a fine of four thousand dollars. SCHEDULE 6 Terrorism Law SCHEDULE 6 (section 44) DETENTION PART I TREATMENT OF PERSONS DETAINED UNDER SECTION 44 Place of Detention 1. (1) The Cabinet shall designate places at which persons may be detained under section 44. (2) In this Schedule a reference to a police station includes a reference to any place which the Cabinet has designated under subparagraph (1) as a place where a person may be detained under section 44. (3) A constable who arrests a person under section 44 shall take that person as soon as is reasonably practicable to the police station which the constable considers the most appropriate. Identification 2. (1) An authorised person may take any steps which are reasonably necessary for photographing the detained person, measuring him or identifying him. (2) In subparagraph (1) \u2014 \u201cauthorised person\u201d means any of the following \u2014 (a) a constable; (b) a prison officer; or (c) a person authorised by the Commissioner of Police. (3) This paragraph does not confer the power to take fingerprints, non-intimate samples or intimate samples within the meaning given by paragraph 15. Audio and video recording of interviews 3. (1) The Cabinet shall \u2014 (a) issue a code of practice with respect to the audio recording of interviews to which this paragraph applies; and (b) make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under subsubparagraph (a). (2) The Cabinet may make an order requiring the video recording of interviews to Terrorism Law SCHEDULE 6 which this paragraph applies. (3) An order under subparagraph (2) shall specify whether the video recording which it requires is to be silent or with sound. (4) Where an order is made under subparagraph (2)  \u2014 (a) the Cabinet shall issue a code of practice relating to the video recording of interviews to which the order applies; and (b) the order shall require the interviews to be video recorded in accordance with any relevant code of practice under subsub-paragraph (a). (5) Where the Cabinet has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound he need not make an order under subparagraph (1)(b) in relation to those interviews but he may do so. (6) This paragraph applies to any interview by a constable of a person detained under section 44 if the interview takes place in a police station. 4. (1) This paragraph applies to a code of practice under paragraph 3. (2) Where the Cabinet proposes to issue a code of practice he shall \u2014 (a) publish a draft; (b) consider any representations made to him about the draft; and (c) if it thinks appropriate, modify the draft in the light of any representations made to it. (3) The Deputy Governor shall lay a draft of the code before the Legislative Assembly and shall thereafter bring it into operation by order. (4) The Cabinet may revise a code and issue the revised code; and subparagraphs (2) to (4) shall apply to a revised code as they apply to an original code. (5) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings. (6) A code  \u2014 (a) shall be admissible in evidence in criminal and civil proceedings; and (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. Status 5. A detained person shall be deemed to be in legal custody throughout the period of his detention. SCHEDULE 6 Terrorism Law Rights 6. (1) Subject to paragraph 8, a person detained under section 44 at a police station in the Islands shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there. (2) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred. 7. (1) Subject to paragraphs 8 and 9, a person detained under section 44 at a police station in the Islands shall be entitled, if he so requests, to consult an attorney-at-law as soon as is reasonably practicable, privately and at any time. (2) Where a request is made under subparagraph (1), the request and the time at which it was made shall be recorded. 8. (1) Subject to subparagraph (2), a constable of at least the rank of inspector may authorise a delay \u2014 (a) in informing the person named by a detained person under paragraph 6; or (b) in permitting a detained person to consult an attorney-at-law under paragraph 7. (2) Where the person is detained under section 44 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in section 44 (3). (3) Subject to subparagraph (5), an constable may give an authorisation under subparagraph (1) only if he has reasonable grounds for believing  \u2014 (a) in the case of an authorisation under subparagraph (1)(a), that informing the named person of the detained person\u2019s detention will have any of the consequences specified in subparagraph (4), or (b) in the case of an authorisation under subparagraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in subparagraph (4). (4) The consequences referred to in subparagraph (3) are  \u2014 (a) interference with or harm to evidence of a serious arrestable offence; (b) interference with or physical injury to any person; (c) the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it; (d) the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section twenty-eight; Terrorism Law SCHEDULE 6 (e) interference with the gathering of information relating to the commission, preparation or instigation of acts of terrorism; (f) the alerting of a person and thereby making it more difficult to prevent an act of terrorism; and (g) the alerting of a person and thereby making it more difficult to secure a person\u2019s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism. (5) Where an authorisation under subparagraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable. (6) Where an authorisation under subparagraph (1) is given  \u2014 (a) the detained person shall be told the reason for the delay as soon as is reasonably practicable; and (b) the reason shall be recorded as soon as is reasonably practicable. (7) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under subparagraph (1) (8) In this paragraph \u2014 \u201cserious arrestable offence\u201d includes \u2014 (a) an offence under any of the provisions mentioned in section 43(1)(a); and (b) an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 43(1)(a). 9. (1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult an attorney-at-law only in the sight and hearing of a qualified officer. (2) A direction under this paragraph may be given by a constable of at least the rank of inspector. (3) A direction under this paragraph may be given only if the constable giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4). (4) In this paragraph \u2014 \u201ca qualified officer\u201d means a constable who \u2014 (a) is of at least the rank of inspector; and (b) in the opinion of the constable giving the direction, has no connection with the detained person\u2019s case. (5) A direction under this paragraph shall cease to have effect once the reason for SCHEDULE 6 Terrorism Law giving it ceases to subsist. 10. (1) This paragraph applies where a person is detained in the Islands under section 44. (2) Fingerprints may be taken from the detained person only if they are taken by a constable with the appropriate consent given in writing or without that consent under subparagraph (4). (3) A non-intimate sample may be taken from the detained person only if it is taken by a constable \u2014 (a) with the appropriate consent given in writing; or (b) without that consent under subparagraph (4). (4) Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if he is detained at a police station and a constable of at least the rank of inspector authorises the fingerprints or sample to be taken. (5) An intimate sample may be taken from the detained person only if \u2014 (a) he is detained at a police station; (b) the appropriate consent is given in writing; (c) a constable of at least the rank of inspector authorises the sample to be taken; and (d) subject to paragraph 13(2) and (3), the sample is taken by a constable. (6) An constable may give an authorisation under subparagraph (4)(a) or (5)(c) only if \u2014 (a) in the case of a person detained under section 44, the constable reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 43(1)(a), and the constable reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or (b) in any case, the constable is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 43(1)(b). (7) If an authorisation under subparagraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable. 11. (1) Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed \u2014 (a) that the fingerprints or sample may be used for the purposes of paragraph 14(4) and section 25 of the Police Law (2017 Revision); and 2017 Revision Terrorism Law SCHEDULE 6 (b) where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (5)(b), of the reason for taking the fingerprints or sample. (2) Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4) or (5)(c), he shall be informed \u2014 (a) that the authorisation has been given; (b) of the grounds upon which it has been given; and (c) where relevant, of the nature of the offence in which it is suspected that he has been involved. (3) After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which   apply \u2014 (a) the fact that the person has been informed in accordance with subparagraphs (1) and (2); (b) the reason referred to in subparagraph (1)(b); (c) the authorisation given under paragraph 10(4) or (5)(c); (d) the grounds upon which that authorisation has been given; and (e) the fact that the appropriate consent has been given. 12. (1) This paragraph applies where \u2014 (a) two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10; (b) those samples have proved insufficient, and (c) the person has been released from detention. (2) An intimate sample may be taken from the person if  \u2014 (a) the appropriate consent is given in writing; (b) a constable of at least the rank of inspector authorises the sample to be taken; and (c) subject to paragraph 13(2) and (3), the sample is taken by a constable of at least the rank of inspector. (3) Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 44 shall be taken as a reference to a person who was detained under section 44 when the non-intimate samples mentioned in subparagraph (1)(a) were taken. 13. (1) Where appropriate written consent to the taking of an intimate sample from a person under paragraphs 10 or 12 is refused without good cause, in any proceedings against that person for an offence \u2014 SCHEDULE 6 Terrorism Law (a) the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper; and (b) the court or jury, in determining whether that person commits the offence charged, may draw such inferences from the refusal as appear proper. (2) An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable. (3) An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable of at least the rank of inspector. (4) Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample. 14. (1) This paragraph applies to - (a) fingerprints or samples taken under paragraph 10 or 12; and (b) information derived from those samples. (2) The fingerprints, samples or information may be used only for the purpose of a terrorist investigation. (3) The fingerprints, samples or information may be checked, subject to subparagraph (2), against other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples. 15. (1) In the application of paragraphs 10 to 14 in relation to a person detained in the Islands  \u2014 \u201cappropriate consent\u201d means \u2014 (i) in relation to a person who is seventeen years of age or older, the consent of that person; (ii) in relation to a person between the ages of fourteen and sixteen, the consent of that person and his parent or guardian; and (iii) in relation to a person under the age of fourteen, the consent of his parent or guardian; \u201cfingerprints\u201d includes palmprints; \u201cinsufficient and sufficient\u201d in relation to a sample, means insufficient or sufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample; Terrorism Law SCHEDULE 6 \u201cintimate sample\u201d means \u2014 (i) a sample of blood, semen or any other tissue fluid, urine or pubic hair; (ii) a dental impression; and (iii) a swab taken from a person\u2019s orifice other than the mouth; \u201cnon-intimate sample\u201d means \u2014 (i) a sample of hair other than pubic hair; (ii) a sample taken form a nail or from under a nail; (iii) a swab taken from any part of a person\u2019s body including the mouth but not any other body orifice; (iv) saliva; and (v) a footprint or a similar impression of any part of a person\u2019s body other than a part of his hand; and \u201cregistered dentist\u201d means a dentist registered under the Health Practice Law (2017 Revision). PART II REVIEW OF DETENTION UNDER SECTION 44 Grounds for continued detention 16. (1) A review officer may authorise a person\u2019s continued detention only if satisfied that it is necessary \u2014 (a) to obtain relevant evidence whether by questioning him or otherwise; (b) to preserve relevant evidence; (c) pending a decision whether to apply to the Governor for a deportation order to be served on the detained person; (d) pending the making of an application to the Governor for a deportation order to be served on the detained person; (e) pending consideration by the Governor whether to serve a deportation order on the detained person; or (f) pending a decision whether the detained person should be charged with an offence. (2) The review officer shall not authorise continued detention under subparagraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously. (3) The review officer shall not authorise continued detention under subparagraph (1) (c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously. SCHEDULE 6 Terrorism Law (4) In subparagraph (1)(a) and (b) \u2014 \u201crelevant evidence\u201d means evidence which  \u2014 (a) relates to the commission by the detained person of an offence under any of the provisions mentioned in section 43(1)(a), or (b) indicates that the detained person falls within section 43(1)(b). (5) In subparagraph (1) \u2014 \u201cdeportation order\u201d means a deportation order made under the Immigration Law (2015 Revision). Review officer 17. (1) The review officer shall be a constable of at least the rank of inspector who has not been directly involved in the investigation in connection with which the person is detained. (2) In the case of a review carried out within the period of twenty-four hours beginning with the time of arrest, the review officer shall be an officer of at least the rank of inspector. (3) In the case of any other review, the review officer shall be an officer of at least the rank of chief inspector. Representations 18. (1) Before determining whether to authorise a person\u2019s continued detention, a review officer shall give either of the following persons an opportunity to make representations relating to the detention \u2014 (a) the detained person; or (b) an attorney-at-law representing him who is available at the time of the review, and such representations may be oral or written. (3) A review officer may refuse to hear oral representations from the detained person if he considers that the detained person is unfit to make representations because of his condition or behaviour. Rights 19. (1) Where a review officer authorises continued detention he shall inform the detained person \u2014 Terrorism Law SCHEDULE 6 (a) of any of his rights under paragraphs 6 and 7 which he has not yet exercised, and (b) if the exercise of any of his rights under either of those paragraphs is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being so delayed. (2) Where a review of a person\u2019s detention is being carried out at a time when his exercise of a right under either of those paragraphs is being delayed \u2014 (a) the review officer shall consider whether the reason for which the delay was authorised continue to subsist; and (b) where in his opinion the reason have ceased to subsist, he shall inform the officer who authorised the delay of his opinion (unless he was that officer). Record 20. (1) A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply  \u2014 (a) the grounds upon which continued detention is authorised; (b) the reason for postponement of the review; (c) the fact that the detained person has been informed as required under paragraph 19(1); (d) the officer\u2019s conclusion on the matter considered under paragraph 19(2)(a); (e) the fact that he has taken action under paragraph 19(2)(b); and (f) the fact that the detained person is being detained under section 44(5) or (6). (2) The review officer shall \u2014 (a) make the record in the presence of the detained person; and (b) inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds. (3) Subparagraph (2) shall not apply where, at the time when the record is made, the detained person is incapable of understanding what is said to him, violent or likely to become violent or in urgent need of medical attention. PART III EXTENSION OF DETENTION UNDER SECTION 44 Warrants of further detention 21. (1) A constable of at least the rank of inspector may apply to the summary court for the issue of a warrant of further detention under this Part. SCHEDULE 6 Terrorism Law (2) A warrant of further detention \u2014 (a) shall authorise the further detention under section 44 of a specified person for a specified period; and (b) shall state the time at which it is issued. (3) The specified period in relation to a person shall end not later than the end of the period of seven days beginning with the time of his arrest under section 44. Time limit 22. (1) An application for a warrant shall be made during the period mentioned in section 45(3) or within six hours of the end of that period. (2) The summary court hearing an application made under subparagraph (1)(b) shall dismiss the application if the court considers that it would have been reasonably practicable to make it during the period mentioned in section 44(3). (3) For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to the court. Notice 23. An application for a warrant may not be heard unless the person to whom it relates has been given a notice stating \u2014 (a) that the application has been made; (b) the time at which the application was made; (c) the time at which it is to be heard; and (d) the grounds upon which further detention is sought. Grounds for extension 24. (1) A court may issue a warrant of further detention only if satisfied that \u2014 (a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and (b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously. (2) In subparagraph (1) \u2014 \u201crelevant evidence\u201d means, in relation to the person to whom the application relates, evidence which \u2014 Terrorism Law SCHEDULE 6 (a) relates to his commission of an offence under any of the provisions mentioned in section 43(1)(a), or (b) indicates that he is a person falling within section 43(1)(b). Representation 25. (1) The person to whom an application relates shall  \u2014 (a) be given an opportunity to make oral or written representations to the court about the application, and (b) subject to subparagraph (3), be entitled to be legally represented at the hearing. (2) The court shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where he wishes to be so represented. Information 26. (1) The constable who has made an application for a warrant may apply to the court for an order that specified information upon which he intends to rely be withheld from the person to whom the application relates and anyone representing him. (2) Subject to subparagraph (3), the court may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed \u2014 (a) evidence of an offence under any of the provisions mentioned in section 43(1)(a) would be interfered with or harmed; (b) the recovery of property obtained as a result of an offence under any of those provisions would be hindered; (c) the recovery of property in respect of which a forfeiture order could be made under section 20 would be hindered; (d) the apprehension, prosecution or conviction of a person who is suspected of falling within section 43(1)(a) or (b) would be made more difficult as a result of his being alerted; (e) the prevention of an act of terrorism would be made more difficult as a result of a person being alerted; (f) the gathering of information relating to the commission, preparation or instigation of an act of terrorism would be interfered with; or (g) a person would be interfered with or physically injured. (3) The court may also make an order under subparagraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that \u2014 SCHEDULE 6 Terrorism Law (a) the detained person has committed an offence to which Part III of the Proceeds of Crime Law (2018 Revision) (confiscation of the proceeds of an offence) applies; (b) the detained person has benefited from the offence within the meaning of that Part; and (c) the recovery of the value of that benefit would be hindered, if the information were disclosed. (4) The court shall direct that the following be excluded from the hearing of the application under this paragraph - (a) the person to whom the application for a warrant relates; and (b) anyone representing him. Adjournments 27. (1) The court may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 44(3). (2) This paragraph shall not apply to an adjournment under paragraph 26(2). Extensions of warrants 28. (1) A constable of at least the rank of inspector may apply to the court for the extension or further extension of the period specified in a warrant of further detention. (2) Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period. (3) The specified period shall end not later than the end of the period of seven days beginning with the time of the person\u2019s arrest under section 44. (4) Paragraphs 22(3) and 23 to 26 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention. (5) The court may adjourn the hearing of an application under subparagraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant. (6) Subparagraph (5) shall not apply to an adjournment under paragraph 25(2). Detention - conditions 29. A person detained under a warrant issued under this Part shall unless detained in accordance with section 44(5) or (6) or under any other power be released immediately if the officer having custody of him becomes aware that any of the grounds under paragraph 25(1)(a) and (b) upon which the court authorised his further detention have ceased to apply. Terrorism Law SCHEDULE 6 Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. Kim Bullings Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_03_28\", \"date\": \"2018-03-28\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_03_28\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2018_03_28\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/14\", \"FRBRdate\": [{\"date\": \"2018-03-28\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/14\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2003-0014\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"14 of 2003\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28\", \"FRBRdate\": [{\"date\": \"2018-03-28\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/14\/eng@2018-03-28.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Terrorism Act\", \"actNumber\": \"14 of 2003\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nTERRORISM LAW\n\n(2018 Revision)\nSupplement No. 2 published with Extraordinary Gazette No. 26 of 28th March, 2018.\n\nPage 2\nRevised as at 28th day of February, 2018\nc\n\nPUBLISHING DETAILS\nLaw 14 of 2003 consolidated with Law 10 of 2008 (part), Law 10 of 2011, Law 19 of\n2012, Law 35 of 2016 and Law 48 of 2017.\n\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nOriginally enacted \u2014\n\nLaw 14 of 2003-24th July, 2003\nLaw 10 of 2008-30th June, 2008\nLaw 10 of 2011-18th March, 2011\nLaw 19 of 2012-31st August, 2012\nLaw 35 of 2016-24th October, 2016\nLaw 48 of 2017-16th November, 2017.\n\nConsolidated and revised this 28th day of February, 2018.\n\nNote (not forming part of the Law): This revision replaces the 2017 Revision which\nshould now be discarded.\n\nTerrorism Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 3\n\nCAYMAN ISLANDS\n\nTERRORISM LAW\n(2018 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Preliminary\n1.\nShort title ...................................................................................................................................7\n2.\nDefinitions ..................................................................................................................................7\n2A.\nGovernor\u2019s power to delegate .................................................................................................. 10\nPART II - Terrorist Offences and Weapons of Mass\nDestruction\n3.\nTerrorism ................................................................................................................................. 10\n4.\nWeapons training ..................................................................................................................... 11\n5.\nRestriction on development, etc. of certain biological weapons and toxins ............................... 12\n6.\nUse of nuclear weapons .......................................................................................................... 12\n7.\nUse, etc. of chemical weapons ................................................................................................ 13\n8.\nExceptions ............................................................................................................................... 14\n9.\nDefences ................................................................................................................................. 15\n10.\nExtraterritorial application ........................................................................................................ 15\n11.\nPowers of entry ........................................................................................................................ 15\n12.\nOffences by body corporate ..................................................................................................... 16\n13.\nDefinitions in this Part .............................................................................................................. 17\n14.\nDirecting terrorist organisation ................................................................................................. 18\n15.\nPossession for terrorist purposes ............................................................................................. 18\n16.\nInciting, organising, etc, and travelling for terrorism ................................................................. 19\n17.\nDuty to disclose information relating to offences and terrorist acts ........................................... 19\n\nArrangement of Sections\nTerrorism Law\n\nPage 4\nRevised as at 28th day of February, 2018\nc\n\nPART III - Terrorist Property\n18.\nTerrorist property ..................................................................................................................... 20\n19.\nSoliciting terrorist property ....................................................................................................... 20\n20.\nUse and possession of terrorist property .................................................................................. 21\n21.\nArranging for property to be used for terrorist purposes ........................................................... 21\n22.\nMoney laundering .................................................................................................................... 21\n23.\nDisclosure of information: duty ................................................................................................. 21\n24.\nDisclosure of information: permission ...................................................................................... 22\n25.\nDisclosure of information: regulated and public sectors ........................................................... 23\n26.\nCo-operating with Reporting Authority and the police ............................................................... 23\n27.\nPenalties.................................................................................................................................. 24\n28.\nForfeiture ................................................................................................................................. 24\n29.\nForfeiture of terrorist cash ........................................................................................................ 25\nPART IIIA - Freezing of Funds and Designation by Governor,\nEtc.\n29A. Freezing of terrorist funds ........................................................................................................ 25\nPART IV - Account Monitoring Orders\n30.\nAccount monitoring orders ....................................................................................................... 25\nPART V - Terrorist Finance Offences-Jurisdiction\n31.\nTerrorist finance- things done outside the Islands .................................................................... 26\nPART VI - Extradition and Mutual Assistance in Criminal\nMatters\n32.\nExchange of information relating to terrorist groups and terrorist acts ...................................... 26\n33.\nCounter-terrorism Convention to be used as basis for extradition ............................................ 26\n34.\nCounter-terrorism Convention to be used as basis for mutual assistance in criminal\nmatters .................................................................................................................................... 27\n35.\nOffences under this Law deemed not to be offences of a political character for purposes\nof extradition ............................................................................................................................ 28\nPART VII - Terrorist Investigations\n36.\nTerrorist investigation .............................................................................................................. 28\n37.\nCordoned areas ....................................................................................................................... 28\n38.\nPower to designate cordoned areas ......................................................................................... 28\n39.\nDuration ................................................................................................................................... 29\n40.\nPolice powers .......................................................................................................................... 29\n41.\nPowers .................................................................................................................................... 30\n42.\nDisclosure of information, etc. .................................................................................................. 30\n\nTerrorism Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 5\n\nPART VIII - Counter-Terrorist Powers\n43.\nRepealed ................................................................................................................................. 31\n44.\nArrest without warrant .............................................................................................................. 31\n45.\nSearch of premises .................................................................................................................. 31\n46.\nSearch of person ..................................................................................................................... 32\n47.\nAuthorisations- power to stop and search ................................................................................ 32\n48.\nExercise of power .................................................................................................................... 32\n49.\nDuration of authorisation .......................................................................................................... 33\n50.\nOffences under this Part .......................................................................................................... 34\n51.\nAuthorisations-parking ............................................................................................................. 34\n52.\nExercise of power .................................................................................................................... 34\n53.\nDuration of authorisation .......................................................................................................... 34\n54.\nOffences .................................................................................................................................. 35\n55.\nPower to intercept communications and the admissibility of intercepted communications ........ 35\n56.\nDefinitions in this Part .............................................................................................................. 36\nPART IX - General\n57.\nPolice powers .......................................................................................................................... 36\n58.\nPowers to stop and search ...................................................................................................... 37\n59.\nEvidence .................................................................................................................................. 37\n60.\nRegulations ............................................................................................................................. 37\n61.\nDirections ................................................................................................................................ 37\n62.\nProvision as to offences under this Law and the Terrorism (United Nations Measures)\n(Overseas Territories) Order, 2001 .......................................................................................... 37\n63.\nReport to Legislative Assembly ................................................................................................ 38\n64.\nSavings and transitional provisions .......................................................................................... 38\nSCHEDULE 1\n39\nSCHEDULE 2\n44\nSCHEDULE 3\n56\nSCHEDULE 4\n65\nSCHEDULE 4A\n69\nSCHEDULE 5\n92\nSCHEDULE 6\n102\n\nTerrorism Law\nSection 1\n\nc\nRevised as at 28th day of February, 2018\nPage 7\n\nCAYMAN ISLANDS\n\nTERRORISM LAW\n(2018 Revision)\n\nPART I - Preliminary\n1.\nShort title\n1.\nThis Law may be cited as the Terrorism Law (2018 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201cact\u201d and \u201caction\u201d includes omission;\n\u201cAuthority\u201d means the Cayman Islands Monetary Authority established under\nsection 5(1) of the Monetary Authority Law (2018 Revision) and includes any\nemployee of the Authority acting under the Authority\u2019s authorisation;\n\u201cconstable\u201d means any member of the Service, and includes a recruit constable;\n\u201ccourt\u201d means the Grand Court;\n\u201ccustoms officer\u201d means an officer appointed under section 6 of the Customs\nLaw (2017 Revision);\n\u201cdocument\u201d includes information recorded in any form and in relation to\ninformation recorded otherwise than in a legible form references to its\nproduction include references to producing a copy of the information in\nlegible form;\n\nSection 2\nTerrorism Law\n\nPage 8\nRevised as at 28th day of February, 2018\nc\n\n\u201cdwelling\u201d means a building or part of a building used as a dwelling, and a\nvehicle which is habitually stationary and which is used as a dwelling;\n\u201cexplosive\u201d means a substance or combination of substances which are\nchemically or physically unstable or are kept in a manner by which they can\nreadily be rendered unstable so that, upon the application of heat, detonation or\nother triggering agent or device they are liable violently to disintegrate,\nchemically or physically, with shattering destructive effect, and includes any\nsuch substance or substances declared to be an explosive by regulations made\nunder the Explosives Law (2008 Revision);\n\u201cfirearm\u201d means artillery, machine gun, sub-machine gun, rifle, shot gun,\npistol, air gun, air pistol or any lethal barrelled weapon from which any shot,\nbullet or other missile can be discharged or noxious fumes can be emitted except\nany air rifle, air gun or air pistol of a type prescribed by the Cabinet under the\nFirearms Law (2008 Revision) and of a calibre so prescribed, and includes any\ncomponent part of any such weapon and such accessory to any such weapon\ndesigned or adapted to diminish the noise or flash caused by firing the weapon,\nand includes any ammunition capable of being used in any firearm and any\nreloader which is capable of or designed for the reloading of shotgun cartridges\nor any other type of ammunition;\n\u201cGovernor\u201d means the person for the time being holding the office of Governor\nof the Islands, and includes any person for the time being lawfully performing\nthe functions of that office under the Cayman Islands Constitution Order 2009\n[UKSI 1379 of 2009], and to the extent to which a Deputy appointed under the\nCayman Islands Constitution Order 2009 is authorised to act, that Deputy;\n\u201cGrand Court\u201d means the Grand Court constituted under the Cayman Islands\nConstitution Order 2009;\n\u201cimmigration officer\u201d means the Chief Immigration Officer and any other\nimmigration officer holding office under section 3 (1) of the Immigration Law\n(2015 Revision);\n\u201corganisation\u201d includes any association or combination of persons;\n\u201cpremises\u201d includes any place and in particular includes \u2014\n(a)\na vehicle; and\n(b) a tent or moveable structure;\n\u201cproperty\u201d includes money and all other property, real or personal, including\nthings in action, tangible or intangible property, movable or immoveable\nproperty and legal documents or instruments in any form evidencing title to or\ninterest in property;\n\u201cpublic place\u201d means any place to which the public has access as of right or\nupon payment or upon invitation express or implied;\n\nTerrorism Law\nSection 2\n\nc\nRevised as at 28th day of February, 2018\nPage 9\n\n\u201cregulated sector\u201d means that part of the business community in the Islands\nwhich is regulated by any one or more of the following laws \u2014\n(a)\nBanks and Trust Companies Law (2018 Revision);\n(b) Building Societies Law (2014 Revision);\n(c)\nCompanies Management Law (2018 Revision);\n(d) Cooperative Societies Law (2001 Revision);\n(e)\nInsurance Law, 2010 [Law 32 of 2010];\n(f)\nMoney Services Law (2010 Revision);\n(g) Mutual Funds Law (2015 Revision);\n(h) Securities Investment Business Law (2015 Revision); and\n(i)\nany other laws that may be prescribed by the Cabinet by regulations made\nunder section 46 of the Monetary Authority Law (2018 Revision);\n\u201cReporting Authority\u201d means the Reporting Authority appointed under\nsection 3 of the Proceeds of Crime Law (2018 Revision);\n\u201croad\u201d means any public place where a vehicle may be driven or parked\nand such areas adjacent thereto as may be prescribed under the Traffic Law,\n2011 [Law 26 of 2011];\n\u201cService\u201d means the Royal Cayman Islands Police Service referred to in\nsection 3 of the Police Law (2017 Revision);\n\u201cservice provider\u201d means a person licensed under the Information and\nCommunications Technology Authority Law (2017 Revision) to provide any\ninformation technology service, telecommunications service, electronic media\nand broadcast service, internet service, digital library and commercial\ninformation service, network-based information service and related specialised\nprofessional service provided by electronic means and any other similar service;\n\u201cterrorism\u201d means \u2014\n(a)\nan act whether committed in or outside of the Islands which causes or is\nlikely to cause \u2014\n(i)\nloss of human life or serious bodily harm;\n(ii) damage to property; or\n(iii) prejudice to national security or disruption of public safety including\ndisruption in the provision of emergency services or to any computer\nor electronic system or to the provision of services directly related to\nbanking, communications, infrastructure, financial services, public\nutilities, transportation or other essential infrastructure,\nand is intended to \u2014\n(A) compel a government or an international organisation to do or\nrefrain from doing any act; or\n\nSection 2A\nTerrorism Law\n\nPage 10\nRevised as at 28th day of February, 2018\nc\n\n(B) intimidate the public or a section of the public,\nfor the purpose of advancing a political, religious, racial or ideological\ncause; or\n(b) an offence under sections 3 to 7, 14 to 16 and 19 to 22;\n\u201cterrorist\u201d means a person who \u2014\n(a)\nhas committed an offence under sections 3 to 7, 14 to 16 and 19 to 22; or\n(b) is or has been concerned in the commission, preparation or instigation of\nacts of terrorism; and includes a person who has been, whether before or\nafter the passing of this Law concerned in the commission, preparation or\ninstigation of acts of terrorism;\n\u201cterrorist financing\u201d means the financing of acts of terrorism, of terrorists and\nterrorist organisations and includes offences contrary to sections 19, 20, 21 and\n22;\n\u201cterrorist organisation\u201d means any group of terrorists that \u2014\n(a)\ncommits, or attempts to commit an act of terrorism by any means, directly\nor indirectly, unlawfully and wilfully;\n(b) participates as an accomplice in an act of terrorism;\n(c)\norganises or directs others to commit an act of terrorism; or\n(d) contributes to the commission of an act of terrorism by a group of persons\nacting with a common purpose where the contribution is made\nintentionally and with the aim of furthering the act of terrorism or with the\nknowledge of the intention of the group to commit an act of terrorism; and\n\u201cvehicle\u201d, includes an aircraft, hovercraft, train or vessel.\n2A.\nGovernor\u2019s power to delegate\n2A. The Governor may, to such extent and subject to such restrictions and conditions as\nthe Governor may think necessary, delegate, or authorise the delegation of any of the\nGovernor\u2019s powers under this Law to any person, or class or description of persons,\napproved by the Governor.\nPART II - Terrorist Offences and Weapons of Mass Destruction\n3.\nTerrorism\n3.\n(1) A person who commits an act of terrorism commits an offence and is liable on\nconviction on indictment to imprisonment for life.\n(2) A court by or before which a person is convicted of an offence under this section\nmay order the forfeiture of anything which the court considers to have been in\nthe person\u2019s possession for purposes connected with the offence.\n\nTerrorism Law\nSection 4\n\nc\nRevised as at 28th day of February, 2018\nPage 11\n\n4.\nWeapons training\n4.\n(1) Subject to sections 8 and 9, a person commits an offence if he provides\ninstruction or training in the making or use of \u2014\n(a)\nfirearms;\n(b) explosives; or\n(c)\nchemical, biological or nuclear weapons.\n(2) A person commits an offence if he receives instruction or training in the making\nor use of \u2014\n(a)\nfirearms;\n(b) explosives; or\n(c)\nchemical, biological or nuclear weapons.\n(3) A person commits an offence if he invites another to receive instruction or\ntraining and the receipt \u2014\n(a)\nwould constitute an offence under subsection (2); or\n(b) would constitute an offence under subsection (2) whether or not it takes\nplace inside or outside of the Islands.\n(4) For the purpose of subsections (1) and (3) \u2014\n(a)\na reference to the provision of instruction includes a reference to making\nit available either generally or to one or more specific persons; and\n(b) an invitation to receive instruction or training may be either general or\naddressed to one or more specific persons.\n(5) Subsections (1) to (3) do not apply to the Royal Cayman Islands Police Service\nor to any person permitted by law to carry out any of those actions specified in\nthose subsections.\n(6) A person who commits an offence under this section is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; or\n(b) on conviction on indictment, to a fine and to imprisonment for ten years.\n(7) A court by or before which a person is convicted of an offence under this section\nmay order the forfeiture of anything which the court considers to have been in\nthe person\u2019s possession for purposes connected with the offence.\n(8) Before making an order under subsection (7) a court shall give an opportunity\nto be heard to any person, other than the convicted person, who claims to be the\nowner of or otherwise interested in anything which can be forfeited under that\nsubsection.\n\nSection 5\nTerrorism Law\n\nPage 12\nRevised as at 28th day of February, 2018\nc\n\n(9) An order under subsection (7) shall not come into force until there is no further\npossibility of it being varied, or set aside, on appeal (disregarding any power of\na court to grant leave to appeal out of time).\n5.\nRestriction on development, etc. of certain biological weapons and toxins\n5.\n(1) Subject to sections 8 and 9, a person shall not develop, produce, stockpile,\nacquire or retain \u2014\n(a)\nany biological agent or toxin of a type and in a quantity that has no\njustification for prophylactic, protective or peaceful purposes; or\n(b) any weapon, equipment or means of delivery designed to use biological\nagents or toxins for hostile purposes or in armed conflict.\n(2) A person shall not \u2014\n(a)\ntransfer any biological agent or toxin to another person or enter into an\nagreement to do so; or\n(b) make arrangements under which another person transfers any biological\nagent or toxin or enters into an agreement with a third person to do so,\nif the biological agent or toxin is likely to be kept or used (whether by the\ntransferee or any other person) otherwise than for prophylactic, protective or\nother peaceful purposes and he knows or has reasons to believe that that is\nthe case.\n(3) This section applies to acts done inside or outside of the Islands.\n(4) Proceedings for an offence committed under this section outside the Islands may\nbe taken and the offence may for incidental purposes be treated as having been\ncommitted in the Islands.\n(5) A person who commits an offence under this section is liable on conviction on\nindictment to imprisonment for life.\n6.\nUse of nuclear weapons\n6.\n(1) Subject to sections 8 and 9, a person who \u2014\n(a)\nknowingly causes a nuclear weapons explosion;\n(b) develops or produces or participates in the development or production of\na nuclear weapon;\n(c)\nhas a nuclear weapon in his possession;\n(d) participates in the transfer of a nuclear weapon; or\n(e)\nengages in military preparations or in preparation of a military nature\nintending to use or threaten to use a nuclear weapon,\ncommits an offence.\n\nTerrorism Law\nSection 7\n\nc\nRevised as at 28th day of February, 2018\nPage 13\n\n(2) For the purposes of subsection (1)(b) a person participates in the development\nor production of a nuclear weapon if he does any act which \u2014\n(a)\nfacilitates the development by another of the capability to produce or use\na nuclear weapon; or\n(b) facilitates the making by another of a nuclear weapon knowing or having\nreason to believe that his act has or will have that effect.\n(3) For the purposes of subsection (1)(d) a person participates in the transfer of a\nnuclear weapon if \u2014\n(a)\nhe buys or otherwise acquires it or agrees with another to do so;\n(b) he seeks or otherwise disposes of it or agrees with another to do so; or\n(c)\nhe makes arrangements under which another person either acquires or\ndisposes of it or agrees with a third person to do so.\n(4) For the purposes of subsection (3) \u2014\n(a)\nto acquire an object is to buy it, hire it, borrow it or accept it as a gift;\n(b) to dispose of an object is to sell it, let it on hire, lend it or give it.\n(5) This section applies to acts done inside or outside of the Islands.\n(6) Proceedings for an offence committed under this section outside the Islands may\nbe taken and the offence may for incidental purposes be treated as having been\ncommitted in the Islands.\n(7) A person who commits an offence under this section is liable on conviction on\nindictment to imprisonment for life.\n7.\nUse, etc. of chemical weapons\n7.\n(1) Subject to sections 8 and 9, a person who \u2014\n(a)\nuses a chemical weapon;\n(b) develops or produces or participates in the development or production of\na chemical weapon;\n(c)\nhas a chemical weapon in his possession;\n(d) participates in the transfer of a chemical weapon; or\n(e)\nengages in military preparations, or in preparations of a military nature,\nintending to use a chemical weapon,\ncommits an offence.\n(2) For the purposes of subsection (1)(b) a person participates in the development\nor production of a chemical weapon if he does any act which \u2014\n(a)\nfacilitates the development by another of the capability to produce or use\na chemical weapon; or\n\nSection 8\nTerrorism Law\n\nPage 14\nRevised as at 28th day of February, 2018\nc\n\n(b) facilitates the making by another of a chemical weapon knowing or having\nreason to believe that his act has or will have that effect.\n(3) For the purposes of subsection (1)(d) a person participates in the transfer of an\nobject if \u2014\n(a)\nhe acquires or disposes of the object or enters into a contract to acquire or\ndispose of it, or\n(b) he makes arrangements under which another person acquires or disposes\nof the object or another person enters into a contract to acquire or\ndispose of it.\n(4) For the purposes of subsection (3) \u2014\n(a)\nto acquire an object is to buy it, hire it, borrow it or accept it as a gift;\n(b) to dispose of an object is to sell it, let it on hire, lend it or give it.\n(5) This section applies to acts done inside or outside of the Islands.\n(6) Proceedings for an offence committed under this section outside the Islands may\nbe taken and the offence may for incidental purposes be treated as having been\ncommitted in the Islands.\n(7) A person who commits an offence under this section is liable on conviction on\nindictment to imprisonment for life.\n8.\nExceptions\n8.\n(1) Nothing in section 4, 5, 6 or 7 applies \u2014\n(a)\nto an act which is authorised under subsection (2); or\n(b) to an act done in the course of an armed conflict in the defence of the\nIslands or for the purpose of preserving law and order in the Islands.\n(2) The Governor may \u2014\n(a)\nauthorise any act which would otherwise contravene section 4, 5, 6 or 7 in\nsuch manner and on such terms as he thinks fit; and\n(b) withdraw or vary any authorisation given under this subsection.\n(3) Any question arising in proceedings for an offence under section 4, 5, 6 or 7 as\nto whether anything was done in the course of an armed conflict shall be\ndetermined by the Governor.\n(4) A certificate purporting to set out any such determination and to be signed by\nthe Governor shall be received in evidence in any such proceedings and shall be\npresumed to be so signed unless the contrary is shown.\n\nTerrorism Law\nSection 9\n\nc\nRevised as at 28th day of February, 2018\nPage 15\n\n9.\nDefences\n9.\n(1) In proceedings for an offence under section 4, 5, 6 or 7 relating to an object it is\na defence for the accused to show that he did not know and had no reason to\nbelieve that the object was a weapon for the purposes of those sections.\n(2) Notwithstanding subsection (1), an accused person shall be taken to have shown\nthat fact if \u2014\n(a)\nsufficient evidence is adduced to raise an issue with respect to it; and\n(b) the contrary is not proved by the prosecution beyond reasonable doubt.\n(3) In proceedings for such an offence it is also a defence for the accused to show\nthat he knew or believed that the object was a weapon but, as soon as reasonably\npracticable after he first knew or believed that fact, he took all reasonable steps\nto inform the Governor or a constable of his knowledge or belief.\n10.\nExtraterritorial application\n10. Proceedings for an offence committed under section 4, 5, 6, 7, 19, 20 or 21 outside\nthe Islands may be taken, and the offence may for incidental purposes be treated as\nhaving been committed, in any part of the Islands.\n11.\nPowers of entry\n11. (1) If a Justice of the Peace is satisfied on information on oath that there are\nreasonable grounds for suspecting that evidence of the commission of an offence\nunder section 4, 5, 6 or 7 is to be found on any premises he may issue a warrant\nauthorising an authorised officer to enter the premises, if necessary by force, at\nany time within one month from the time of the issue of the warrant and to\nsearch the premises.\n(2) The powers of a person who enters the premises under the authority of the\nwarrant include power \u2014\n(a)\nto take with him such other persons and such equipment as appear to him\nto be necessary;\n(b) to inspect, seize and retain any substance, equipment or document found\non the premises;\n(c)\nto require any document or other information which is held in electronic\nform and is accessible from the premises to be produced in a form \u2014\n(i)\nin which he can read and copy it; or\n(ii) from which it can readily be produced in a form in which he can read\nand copy it; and\n(d) to copy any document which he has reasonable cause to believe may be\nrequired as evidence for the purposes of proceedings in respect of an\noffence under section 4, 5, 6 or 7.\n\nSection 12\nTerrorism Law\n\nPage 16\nRevised as at 28th day of February, 2018\nc\n\n(3) A constable who enters premises under the authority of a warrant or under\nsubsection (2)(a) may \u2014\n(a)\ngive such assistance as an authorised officer may request for the purpose\nof facilitating the exercise of any power under this section; and\n(b) search or cause to be searched any person on the premises whom the\nconstable has reasonable cause to believe may have in his possession any\ndocument or other thing which may be required as evidence for the\npurposes of proceedings in respect of an offence under sections 4, 5, 6 or 7.\n(4) No constable shall search a person of the opposite gender.\n(5) The powers conferred by a warrant under this section shall only be exercisable,\nif the warrant so provides, in the presence of a constable.\n(6) A person who \u2014\n(a)\nwilfully obstructs an authorised officer in the exercise of a power conferred\nby a warrant under this section; or\n(b) fails without reasonable excuse to comply with a reasonable request made\nby an authorised officer or a constable for the purpose of facilitating the\nexercise of such a power,\ncommits an offence.\n(7) A person who commits an offence under subsection (6) is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars; and\n(b) on conviction on indictment to a fine and to imprisonment for two years.\n(8) In this section \u2014\n\u201cauthorised officer\u201d means an authorised officer appointed by the Governor.\n12.\nOffences by body corporate\n12. (1) Where an offence under section 4, 5, 6, 7, 19, 20 or 21 committed by a body\ncorporate is proved to have been committed with the consent or connivance of,\nor to be attributable to \u2014\n(a)\na director, manager, secretary or other similar officer of the body\ncorporate; or\n(b) any person who was purporting to act in any such capacity,\nsuch person as well as the body corporate shall be guilty of that offence and\nshall be liable to be proceeded against and punished accordingly.\n(2) In subsection (1) \u2014\n\u201cdirector\u201d, in relation to a body corporate whose affairs are managed by its\nmembers, means a member of the body corporate.\n\nTerrorism Law\nSection 13\n\nc\nRevised as at 28th day of February, 2018\nPage 17\n\n13.\nDefinitions in this Part\n13. (1) In this Part \u2014\n\u201cbiological weapon\u201d means any weapon, equipment or means of delivery\ndesigned to use biological agents or toxins for hostile purposes or in armed\nconflict;\n\u201cchemical weapon\u201d means \u2014\n(i)\ntoxic chemicals and their precursors;\n(ii) munitions and other devices designed to cause death or harm through\nthe toxic chemicals released by them;\n(iii) equipment designed for use in connection with munitions and devices\nfalling within paragraph (b); and\n\u201cnuclear weapon\u201d means a weapon which contains nuclear material within the\nmeaning of Article 1(a) and (b) of the Convention on the Physical Protection of\nNuclear Material opened for signature at Vienna and New York on the 3rd\nMarch, 1980.\n(2) For the purposes of subsection (1), an object is not a biological or chemical\nweapon if the person uses the object only for permitted purposes; and in\ndeciding whether permitted purposes are intended the types and quantities of\nobjects shall be taken into account.\n(3) Permitted purposes are \u2014\n(a)\npeaceful purposes;\n(b) purposes related to protection against toxic chemicals;\n(c)\nlegitimate military purposes; and\n(d) purposes of enforcing this Law.\n(4) Legitimate military purposes are all military purposes except those which\ndepend on the use of the toxic properties of chemicals as a method of warfare in\ncircumstances where the main object is to cause death, permanent harm or\ntemporary incapacity to humans or animals.\n(5) A toxic chemical is a chemical which through its chemical action on life\nprocesses can cause death, permanent harm or temporary incapacity to humans\nor animals; and the origin, method of production and place of production are\nimmaterial.\n(6) A precursor is a chemical reactant which takes part at any stage in the production\n(by whatever method) of a toxic chemical.\n(7) References to an object include references to a substance.\n\nSection 14\nTerrorism Law\n\nPage 18\nRevised as at 28th day of February, 2018\nc\n\n14.\nDirecting terrorist organisation\n14. (1) A person commits an offence if he directs, at any level, the activities of an\norganisation which is concerned in the commission of acts of terrorism.\n(2) A person who commits an offence under this section is liable on conviction on\nindictment to imprisonment for life.\n15.\nPossession for terrorist purposes\n15. (1) A person commits an offence if he possesses an article in circumstances which\ngive rise to a reasonable suspicion that his possession is for a purpose connected\nwith the commission, preparation or instigation of an act of terrorism.\n(2) A person commits an offence if \u2014\n(a)\nhe collects or makes a record of information of a kind likely to be useful\nto a person committing or preparing an act of terrorism; or\n(b) he possesses a document or record containing information of that kind.\n(3) In this section \u2014\n\u201crecord\u201d includes a photographic or electronic record.\n(4) In proceedings for an offence under this section, if it is proved that an article,\ndocument or record \u2014\n(a)\nwas on any premises at the same time as the accused; or\n(b) was on premises of which the accused was the occupier or which he\nhabitually used otherwise than as a member of the public,\nthe court may assume that the accused possessed the article, document or record,\nunless he proves that he did not know of its presence on the premises or that he\nhad no control over it.\n(5) A person who commits an offence under this section is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; and\n(b) on conviction on indictment, to a fine and to imprisonment for ten years.\n(6) A court by or before which a person is convicted of an offence under this section\nmay order the forfeiture of any article, document or record containing\ninformation of the kind mentioned in this section.\n(7) Before making an order under subsection (6), a court shall give an opportunity\nto be heard to any person, other than the convicted person, who claims to be the\nowner of or otherwise interested in anything which can be forfeited under that\nsubsection.\n(8) An order under subsection (6) shall not come into force until there is no further\npossibility of it being varied, or set aside, on appeal (disregarding any power of\na court to grant leave to appeal out of time).\n\nTerrorism Law\nSection 16\n\nc\nRevised as at 28th day of February, 2018\nPage 19\n\n16.\nInciting, organising, etc, and travelling for terrorism\n16. (1) A person who \u2014\n(a)\nincites another person to commit an act of terrorism;\n(b) participates as an accomplice in the commission of an act of terrorism;\n(c)\norganises or directs another person in the commission of an act of\nterrorism; or\n(d) intentionally makes a contribution to a group knowing that the contribution\nwill or is likely to be used in furtherance of the group\u2019s common purpose\nto commit an act of terrorism,\ncommits an offence.\n(2) A person commits an offence if, for the purpose of committing, planning or\nparticipating in an act of terrorism that person \u2014\n(a)\nbeing legally and ordinarily resident in the Islands, travels or attempts to\ntravel to a country or territory other than the Islands;\n(b) being a tourist or transit passenger in the Islands, travels or attempts to\ntravel from the Islands;\n(c)\nknowingly provides or collects, by any means, directly or indirectly,\nproperty within the Islands \u2014\n(i)\nwith the intention that the property should be used; or\n(ii) in the knowledge that that property will be used,\nto finance the travel of another person seeking to travel to a country or\nterritory other than that person\u2019s country or territory of residence or\nnationality; or\n(d) organises, facilitates or recruits another person for the purpose of travel to\na country or territory other than that person\u2019s country or territory of\nresidence or nationality.\n(3) Nothing in this section imposes criminal liability on any person acting on behalf\nof the Government or a public officer acting in an official capacity.\n17.\nDuty to disclose information relating to offences and terrorist acts\n17. (1) A person who has any information which may be of assistance in \u2014\n(a)\npreventing the commission by another person, of an act of terrorism; or\n(b) securing the arrest or prosecution of another person for an offence under\nthis Law,\nshall, as soon as reasonably possible after receiving such information, disclose\nthe information at a police station to a constable not below the rank of inspector.\n(2) Nothing in subsection (1) requires the disclosure of any information which is\nprotected by privilege.\n\nSection 18\nTerrorism Law\n\nPage 20\nRevised as at 28th day of February, 2018\nc\n\n(3) No civil or criminal proceedings shall lie against any person for disclosing any\ninformation in good faith under subsection (1).\n(4) A person who fails to comply with subsection (1) commits an offence and is\nliable on conviction on indictment to a fine and to imprisonment for ten years.\nPART III - Terrorist Property\n18.\nTerrorist property\n18. (1) In this Law, \u201cterrorist property\u201d means property that is the proceeds of, or used\nin, or intended or allocated for use in, the financing of acts of terrorism, terrorists\nor terrorist organisations.\n(2) In subsection (1) a reference to proceeds includes a reference to any property\nwhich wholly or partly, and directly or indirectly, represents the proceeds of the\nfinancing of acts of terrorism, terrorists or terrorist organisations.\n19.\nSoliciting terrorist property\n19. (1) A person who, by any means, directly or indirectly, knowingly provides or\ncollects property, or attempts to do so, with the intention that the property should\nbe used or in the knowledge that it will be used in whole or in part \u2014\n(a)\nin order to carry out an act of terrorism;\n(b) by a terrorist to facilitate the first-mentioned person\u2019s activities related to\nacts of terrorism or membership in a terrorist organisation; or\n(c)\nby a terrorist organisation,\ncommits an offence.\n(2) An offence under subsection (1) is committed \u2014\n(a)\neven if the act of terrorism referred to in subsection (1) does not occur or\nis not attempted;\n(b) even if the property is not \u2014\n(i)\nactually used to commit or to attempt the act of terrorism referred to\nin subsection (1); or\n(ii) linked to a specific act of terrorism;\n(c)\nregardless of whether the property is from legitimate or illegitimate\nsources; and\n(d) regardless of the country or territory in which the act of terrorism is\nintended to or does occur.\n\nTerrorism Law\nSection 20\n\nc\nRevised as at 28th day of February, 2018\nPage 21\n\n20.\nUse and possession of terrorist property\n20. (1) A person commits an offence if that person uses property for the purposes of\nterrorism.\n(2) A person commits an offence if that person \u2014\n(a)\npossesses terrorist property and intends that it should be used, or has\nreasonable cause to suspect that it may be used, for the purposes of the\nfinancing of acts of terrorism, terrorists or terrorist organisations;\n(b) possesses or acquires terrorist property which the person knows or has\nreasonable cause to suspect has been used, directly or indirectly, in the\ncommission of the financing of acts of terrorism, terrorists or terrorist\norganisations; or\n(c)\nacquires property as a result of, or in connection with acts of terrorism.\n21.\nArranging for property to be used for terrorist purposes\n21. A person commits an offence if \u2014\n(a)\nhe enters into or becomes concerned in an arrangement as a result of which\nterrorist property is made available or is to be made available to another;\nand\n(b) he knows or has reasonable cause to suspect that it will or may be used for\nthe purposes of the financing of acts of terrorism, terrorists or terrorist\norganisations.\n22.\nMoney laundering\n22. (1) A person commits an offence if he enters into or becomes concerned in an\narrangement which facilitates the retention or control by or on behalf of another\nperson of terrorist property by concealment, by removal from the jurisdiction or\nby transfer to nominees.\n(2) It is a defence for a person charged with an offence under subsection (1) to prove\nthat he did not know and had no reasonable cause to suspect that the arrangement\nrelated to terrorist property.\n23.\nDisclosure of information: duty\n23. (1) This section applies where a person \u2014\n(a)\nbelieves or suspects that another person has committed an offence under\nsections 19 to 22; and\n(b) bases his belief or suspicion on information which comes to his attention\nin the course of a trade, profession, business or employment.\n(2) This section does not apply if the information came to the person in the course\nof a business in the regulated sector.\n\nSection 24\nTerrorism Law\n\nPage 22\nRevised as at 28th day of February, 2018\nc\n\n(3) A person commits an offence if he does not disclose to the Reporting Authority\nor to a constable as soon as is reasonably practicable his belief or suspicion and\nthe information on which it is based.\n(4) It is a defence for a person charged with an offence under subsection (3) to prove\nthat he had a reasonable excuse for not making the disclosure.\n(5) Where \u2014\n(a)\na person is employed by another person;\n(b) his employer has established a procedure for the making of disclosures of\nthe matters specified in subsection (3); and\n(c)\nhe is charged with an offence under that subsection,\nit is a defence for him to prove that he disclosed the matters specified in that\nsubsection in accordance with the procedure.\n(6) Subsection (3) does not require disclosure by a professional legal adviser of \u2014\n(a)\ninformation which he obtains in privileged circumstances; or\n(b) a belief or suspicion based on information which he obtains in privileged\ncircumstances.\n(7) For the purpose of subsection (6), information is obtained by a professional legal\nadviser in privileged circumstances if it comes to him, otherwise than with a\nview to furthering a criminal purpose from \u2014\n(a)\na client or a client\u2019s representative, in connection with the provision of\nlegal advice by the adviser to the client;\n(b) a person seeking legal advice from the adviser, or from the person\u2019s\nrepresentative; or\n(c)\nany person, for the purpose of actual or contemplated legal proceedings.\n(8) For the purposes of subsection (1)(a), a person shall be treated as having\ncommitted an offence under sections 19 to 22 if \u2014\n(a)\nhe has taken an action or been in possession of a thing; and\n(b) he would have committed an offence under one of those sections if he had\nbeen in the Islands at the time when he took the action or was in possession\nof the thing.\n(9) A person who commits an offence under this section is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; and\n(b) on conviction on indictment to a fine and to imprisonment for five years.\n24.\nDisclosure of information: permission\n24. (1) A person may disclose to the Reporting Authority or to a constable \u2014\n\nTerrorism Law\nSection 25\n\nc\nRevised as at 28th day of February, 2018\nPage 23\n\n(a)\na suspicion or belief that any property is terrorist property or is derived\nfrom terrorist property; or\n(b) any matter on which the suspicion or belief is based.\n(2) A person may make a disclosure to the Reporting Authority or to a constable in\nthe circumstances mentioned in section 23(1) and (2).\n(3) Subsections (1) and (2) shall have effect notwithstanding any restriction on the\ndisclosure of information imposed by statute or otherwise.\n(4) Where \u2014\n(a)\na person is employed by another person; and\n(b) his employer has established a procedure for the making of disclosures of\nthe kinds mentioned in subsection (1) and section 23(2),\nsubsections (1) and (2) shall have effect in relation to that person as if any\nreference to disclosure to the Reporting Authority or to a constable included a\nreference to disclosure in accordance with the procedure.\n25.\nDisclosure of information: regulated and public sectors\n25. Schedule 1, which makes special provision for the disclosure of information by\npersons in the regulated and public sectors, shall have effect.\n26.\nCo-operating with Reporting Authority and the police\n26. (1) A person does not commit an offence under sections 19 to 22 if he is acting with\nthe express consent of the Reporting Authority or of a constable.\n(2) Subject to subsections (3) and (4), a person does not commit an offence under\nsections 19 to 22 by involvement in a transaction or arrangement relating to\nproperty if he discloses to the Reporting Authority or to a constable \u2014\n(a)\nhis suspicion or belief that the property is terrorist property; and\n(b) the information on which his suspicion or belief is based.\n(3) Subsection (2) applies only where a person makes a disclosure after he becomes\ninvolved in the transaction concerned, on his own initiative and as soon as is\nreasonably practicable.\n(4) Subsection (2) does not apply to a person if the Reporting Authority or the\nconstable forbids him to continue his involvement in the transaction or\narrangement to which the disclosure relates and he continues his involvement.\n(5) It is a defence for a person charged with an offence under any of sections 19(2),\n19 (3) or 20 to 22 to prove that \u2014\n(a)\nhe intended to make a disclosure of the kind mentioned in subsections (2)\nand (3); and\n(b) there is reasonable excuse for his failure to do so.\n\nSection 27\nTerrorism Law\n\nPage 24\nRevised as at 28th day of February, 2018\nc\n\n(6) Where \u2014\n(a)\na person is employed by another person; and\n(b) his employer has established a procedure for the making of disclosures of\nthe same kind as may be made to the Reporting Authority or to a constable\nunder subsection (2),\nthis section shall have effect in relation to that person as if any reference to\ndisclosure to the Reporting Authority or to the constable included a reference to\ndisclosure in accordance with the procedure.\n(7) A reference in this section to a transaction or arrangement relating to property\nincludes a reference to its use or possession.\n27.\nPenalties\n27. A person who commits an offence under sections 19 to 22 is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for two years; and\n(b) on conviction on indictment, to a fine and to imprisonment for fourteen\nyears.\n28.\nForfeiture\n28. (1) The court by or before which a person is convicted of an offence under\nsections 19 to 22 may make a forfeiture order in accordance with this section.\n(2) Where a person is convicted of an offence under section 19(1) or (2) or 20, the\ncourt may order the forfeiture of any property \u2014\n(a)\nwhich, at the time of the offence, he had in his possession or under his\ncontrol; and\n(b) which, at that time, he intended should be used, or had reasonable cause to\nsuspect might be used, for the purposes of terrorism.\n(3) Where a person is convicted of an offence under section 19(3) the court may\norder the forfeiture of any property \u2014\n(a)\nwhich, at the time of the offence, he had in his possession or under his\ncontrol; and\n(b) which, at that time, he knew or had reasonable cause to suspect would or\nmight be used for the purposes of terrorism.\n(4) Where a person is convicted of an offence under section 21, the court may order\nthe forfeiture of the property \u2014\n(a)\nto which the arrangement in question related; and\n(b) which, at the time of the offence, he knew or had reasonable cause to\nsuspect would or might be used for the purposes of terrorism.\n\nTerrorism Law\nSection 29\n\nc\nRevised as at 28th day of February, 2018\nPage 25\n\n(5) Where a person is convicted of an offence under section 22, the court may order\nthe forfeiture of the property to which the arrangement in question related.\n(6) Where a person is convicted of an offence under sections 19 to 22, the court\nmay order the forfeiture of any property which wholly or partly, and directly or\nindirectly, is received by any person as a payment or other reward in connection\nwith the commission of the offence.\n(7) Where a person other than the convicted person claims to be the owner of or\notherwise interested in anything which can be forfeited by an order under this\nsection, the court shall give him an opportunity to be heard before making an\norder.\n(8) Schedule 2 which makes further provision in relation to forfeiture orders under\nthis section shall have effect.\n29.\nForfeiture of terrorist cash\n29. (1) Schedule 3 which makes provision for enabling cash which \u2014\n(a)\nis intended to be used for the purposes of terrorism, or\n(b) is, or represents, property obtained through terrorism,\nto be forfeited in civil proceedings before a summary court shall have effect.\n(2) The powers conferred by Schedule 3 are exercisable in relation to any cash\nwhether or not proceedings have been brought for an offence in connection with\nthe cash.\nPART IIIA - Freezing of Funds and Designation by Governor,\nEtc.\n29A. Freezing of terrorist funds\n29A. Schedule 4A has effect for the purpose of empowering the Governor to \u2014\n(a)\npropose the listing of a person as being involved in terrorist activities;\n(b) designate a person as being involved in terrorist activities; and\n(c)\npropose the delisting of a person who no longer meets the criteria for a\ndesignation as being involved in terrorist activities.\nPART IV - Account Monitoring Orders\n30.\nAccount monitoring orders\n30. Schedule 4 which makes provision for account monitoring orders shall have effect.\n\nSection 31\nTerrorism Law\n\nPage 26\nRevised as at 28th day of February, 2018\nc\n\nPART V - Terrorist Finance Offences-Jurisdiction\n31.\nTerrorist finance- things done outside the Islands\n31. (1) A person who does anything outside the Islands and his action would have\nconstituted the commission of an offence under sections 19 to 22 if it had been\ndone in the Islands commits the offence.\n(2) For the purposes of subsection (1), section 22 (1)(b) shall be read as if for \u201cthe\njurisdiction\u201d there were substituted \u201ca jurisdiction\u201d.\nPART VI - Extradition and Mutual Assistance in Criminal\nMatters\n32.\nExchange of information relating to terrorist groups and terrorist acts\n32. (1) Subject to subsection (2), the Reporting Authority and the Commissioner of\nPolice may, on a request made by the appropriate authority of a foreign state,\ndisclose to that authority, any information in its possession or in the possession\nof any other government department or agency relating to any of the\nfollowing \u2014\n(a)\nthe actions and movements of terrorist groups suspected of involvement in\nthe commission of terrorist acts;\n(b) the use of forged or falsified travel papers by persons suspected of\ninvolvement in the commission of terrorist acts;\n(c)\ntraffic in weapons and sensitive materials by terrorist groups or persons\nsuspected of involvement in the commission of terrorist acts; or\n(d) the use of communications technologies by terrorist groups.\n(2) A disclosure under subsection (1) may only be made \u2014\n(a)\nif it is not prohibited by any other law;\n(b) subject to any other law regulating the procedure to be followed when\nmaking such a disclosure; and\n(c)\nif, in opinion of the Reporting Authority, after consulting with the Attorney\nGeneral, and the Commissioner of Police, it would not be prejudicial to\nnational security or public safety.\n33.\nCounter-terrorism Convention to be used as basis for extradition\n33. (1) Where \u2014\n(a)\nthe United Kingdom becomes a party to a counter-terrorism Convention\nand it extends such Convention to the Islands; and\n\nTerrorism Law\nSection 34\n\nc\nRevised as at 28th day of February, 2018\nPage 27\n\n(b) there is in force, an extradition arrangement between the United Kingdom\nand another state which is a party to that counter-terrorism Convention,\nthe extradition arrangement shall be deemed for the purposes of giving effect to\nthis Law to include provision for extradition in respect of offences falling within\nthe scope of that counter-terrorism Convention.\n(2) Where \u2014\n(a)\nthe United Kingdom becomes a party to a counter-terrorism Convention\nand it extends such Convention to the Islands; and\n(b) there is no extradition arrangement between the United Kingdom and\nanother state which is a party to that counter-terrorism Convention,\nthe Cabinet may, by order published in the Gazette, treat the counter- terrorism\nConvention for the purposes of giving effect to this Law, as an arrangement\nbetween the United Kingdom and that state for providing for extradition in\nrespect offences falling within the scope of the counter-terrorism Convention.\n34.\nCounter-terrorism Convention to be used as basis for mutual assistance in\ncriminal matters\n34. (1) Where \u2014\n(a)\nthe United Kingdom becomes party to a counter-terrorism Convention and\nit extends such Convention to the Islands; and\n(b) there is in force an arrangement between the United Kingdom and another\nstate which is a party to that counter-terrorism Convention, for mutual\nassistance in criminal matters,\nthe arrangement shall be deemed for the purposes of mutual legal assistance\nlegislation in the Islands to include provisions for mutual legal assistance in\ncriminal matters falling within the scope of the counter-terrorism Convention.\n(2) Where \u2014\n(a)\nthe United Kingdom becomes party to a counter-terrorism Convention and\nit extends such Convention to the Islands; and\n(b) there is no arrangement between the United Kingdom and another state\nwhich is a party to that counter-terrorism Convention, for mutual\nassistance in criminal matters,\nthe Cabinet may, by order published in the Gazette, treat the counter-terrorism\nConvention for the purposes of giving effect to this Law, as an arrangement\nbetween the United Kingdom and that state for providing for mutual legal\nassistance in criminal matters falling within the scope of the counter-terrorism\nConvention.\n\nSection 35\nTerrorism Law\n\nPage 28\nRevised as at 28th day of February, 2018\nc\n\n35.\nOffences under this Law deemed not to be offences of a political character\nfor purposes of extradition\n35. Notwithstanding any provision in any other Law in the Islands relating to extradition,\nan offence under this Law shall for the purposes of extradition be deemed not to be\nan offence of a political character or an offence connected with a political offence or\nan offence inspired by political motives.\nPART VII - Terrorist Investigations\n36.\nTerrorist investigation\n36. In this Part \u2014\n\u201cterrorist investigation\u201d means an investigation of \u2014\n(a)\nthe commission, preparation or instigation of acts of terrorism;\n(b) an act which appears to have been done for the purposes of terrorism; or\n(c)\nthe commission, preparation or instigation of an offence under this Law.\n37.\nCordoned areas\n37. (1) An area is a cordoned area for the purposes of this Part if it is designated under\nthis section.\n(2) A designation may be made only if the person making it considers it necessary\nfor the purposes of a terrorist investigation.\n(3) If a designation is made orally, the person making it shall confirm it in writing\nas soon as is reasonably practicable.\n(4) The person making a designation shall arrange for the demarcation of the\ncordoned area, so far as is reasonably practicable \u2014\n(a)\nby means of tape marked with the word \u201cpolice\u201d; or\n(b) in such other manner as a constable considers appropriate.\n38.\nPower to designate cordoned areas\n38. (1) Subject to subsection (2), a designation under section 37 may only be made by\nan officer who is of at least the rank of inspector.\n(2) A constable who is not of the rank required by subsection (1) may make a\ndesignation if he considers it necessary by reason of urgency.\n(3) Where a constable makes a designation in reliance on subsection (2) he shall as\nsoon as is reasonably practicable \u2014\n(a)\nmake a written record of the time at which the designation was made; and\n(b) ensure that a police officer of at least the rank of inspector is informed.\n\nTerrorism Law\nSection 39\n\nc\nRevised as at 28th day of February, 2018\nPage 29\n\n(4) An officer who is informed of a designation in accordance with\nsubsection (3)(b) \u2014\n(a)\nshall confirm the designation or cancel it with effect from such time as he\nmay direct; and\n(b) shall, if he cancels the designation, make a written record of the\ncancellation and the reason for it.\n39.\nDuration\n39. (1) A designation under section 37 has effect, subject to subsections (2) to (5),\nduring the period \u2014\n(a)\nbeginning at the time when it is made; and\n(b) ending with a date or at a time specified in the designation.\n(2) The date or time specified under subsection (1)(b) must not occur after the end\nof the period of fourteen days beginning with the day on which the designation\nis made.\n(3) The period during which a designation has effect may be extended in writing\nfrom time to time by \u2014\n(a)\nthe person who made it; or\n(b) a person who could have made it (otherwise than under section 38(2).\n(4) An extension shall specify the additional period during which the designation is\nto have effect.\n(5) A designation shall not have effect after the end of the period of twenty-eight\ndays beginning with the day on which it is made.\n40.\nPolice powers\n40. (1) A constable in uniform or a constable who produces identification that he is a\nconstable may \u2014\n(a)\norder a person in a cordoned area to leave such area immediately;\n(b) order a person immediately to leave premises which are wholly or partly\nin or adjacent to a cordoned area;\n(c)\norder the driver or person in charge of a vehicle in a cordoned area to move\nit immediately from the area;\n(d) arrange for the removal of a vehicle from a cordoned area;\n(e)\narrange for the movement of a vehicle within a cordoned area; or\n(f)\nprohibit or restrict access to a cordoned area by pedestrians or vehicles.\n(2) A person commits an offence if he fails to comply with an order, prohibition or\nrestriction imposed under subsection (1).\n\nSection 41\nTerrorism Law\n\nPage 30\nRevised as at 28th day of February, 2018\nc\n\n(3) A person who commits an offence under subsection (2) is liable on summary\nconviction to a fine of two thousand dollars and imprisonment for three months.\n41.\nPowers\n41. Schedule 5 which deals with the power to obtain information shall have effect.\n42.\nDisclosure of information, etc.\n42. (1) Subsection (2) applies where a person knows or has reasonable cause to suspect\nthat a constable is conducting or proposes to conduct a terrorist investigation.\n(2) The person commits an offence if he \u2014\n(a)\ndiscloses to another anything which is likely to prejudice the investigation,\nor\n(b) interferes with material which is likely to be relevant to the investigation.\n(3) Subsection (4) applies where a person knows or has reasonable cause to suspect\nthat a disclosure has been or will be made under sections 3 to 16 and 19 to 22.\n(4) The person commits an offence if he \u2014\n(a)\ndiscloses to another anything which is likely to prejudice an investigation\nresulting from the disclosure under that section; or\n(b) interferes with material which is likely to be relevant to an investigation\nresulting from the disclosure under that section.\n(5) It is a defence for a person charged with an offence under subsection (2) or (4)\nto prove that he did not know and had no reasonable cause to suspect that the\ndisclosure or interference was likely to affect a terrorist investigation.\n(6) Subsections (2) and (4) do not apply to a disclosure which is made by a\nprofessional legal adviser \u2014\n(a)\nto his client or to his client\u2019s representative in connection with the\nprovision of legal advice by the adviser to the client and not with a view\nto furthering a criminal purpose; or\n(b) to any person for the purpose of actual or contemplated legal proceedings\nand not with a view to furthering a criminal purpose.\n(7) A person who commits an offence under this section is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; and\n(b) on conviction on indictment, to a fine and to imprisonment for five years.\n(8) In this section \u2014\n(a)\na reference to conducting a terrorist investigation includes a reference to\ntaking part in the conduct of, or assisting, a terrorist investigation; and\n\nTerrorism Law\nSection 43\n\nc\nRevised as at 28th day of February, 2018\nPage 31\n\n(b) a person interferes with material if he falsifies it, conceals it, destroys it or\ndisposes of it, or if he causes or permits another to do any of those things.\nPART VIII - Counter-Terrorist Powers\n43.\nRepealed\n43. Repealed by section 10 of Law 35 of 2016.\n44.\nArrest without warrant\n44. (1) A constable may arrest without a warrant a person whom he reasonably suspects\nto be a terrorist.\n(2) Where a person is arrested under this section the provisions of Schedule 6, which\ndeals with the detention and treatment of terrorist suspects, shall apply.\n(3) Subject to subsections (4) to (7), a person detained under this section shall,\nunless detained under any other power, be released not later than the end of the\nperiod of forty-eight hours beginning with the time of his arrest under this\nsection.\n(4) If on a review of a person\u2019s detention under Part III of Schedule 6 the review\nofficer does not authorise continued detention, the person shall, unless detained\nin accordance with subsection (5) or (6) or under any other power, be released.\n(5) Where a police officer intends to make an application for a warrant under\nparagraph 22 of Schedule 6 extending a person\u2019s detention, the person may be\ndetained pending the making of the application.\n(6) Where an application has been made under paragraph 22 or 29 of Schedule 6 in\nrespect of a person\u2019s detention, he may be detained pending the conclusion of\nproceedings on the application.\n(7) Where an application under paragraph 22 or 29 of Schedule 6 is granted in\nrespect of a person\u2019s detention, he may be detained, subject to paragraph 30 of\nthat Schedule, during the period specified in the warrant.\n(8) The refusal of an application in respect of a person\u2019s detention under paragraph\n22 or 29 of Schedule 6 shall not prevent his continued detention in accordance\nwith this section.\n45.\nSearch of premises\n45. (1) A Justice of the Peace may, on the application of a constable, issue a warrant in\nrelation to specified premises if he is satisfied that there are reasonable grounds\nfor suspecting that a person whom the constable reasonably suspects to be a\nperson falling within section 43 is to be found there.\n\nSection 46\nTerrorism Law\n\nPage 32\nRevised as at 28th day of February, 2018\nc\n\n(2) A warrant under this section shall authorise any constable to enter and search\nthe specified premises for the purpose of arresting the person referred to in\nsection 44 (1)\n46.\nSearch of person\n46. (1) A constable may stop and search a person whom he reasonably suspects to be a\nterrorist to discover whether he has in his possession anything which may\nconstitute evidence that he is a terrorist.\n(2) A constable may search a person arrested under section 44 to discover whether\nhe has in his possession anything which may constitute evidence that he is a\nterrorist.\n(3) A search of a person under this section shall be carried out by someone of the\nsame gender.\n(4) A constable may seize and retain anything which he discovers in the course of\na search of a person under subsection (1) or (2) and which he reasonably\nsuspects may constitute evidence that the person is a terrorist.\n47.\nAuthorisations- power to stop and search\n47. (1) An authorisation under this subsection authorises any constable in uniform to\nstop a vehicle in an area or at a place specified in the authorisation and to\nsearch \u2014\n(a)\nthe vehicle;\n(b) the driver of the vehicle;\n(c)\na passenger in the vehicle; or\n(d) anything in or on the vehicle or carried by the driver or a passenger.\n(2) An authorisation under this subsection authorises any constable in uniform to\nstop a pedestrian in an area or at a place specified in the authorisation and to\nsearch the pedestrian or anything carried by him.\n(3) An authorisation under subsection (1) or (2) may be given only if the person\ngiving it considers it expedient for the prevention of acts of terrorism.\n(4) An authorisation may be given by a police officer who is of at least the rank of\ninspector of police.\n(5) If an authorisation is given orally, the person giving it shall confirm it in writing\nas soon as is reasonably practicable.\n48.\nExercise of power\n48. (1) The power conferred by an authorisation under section 47(1) or (2) \u2014\n(a)\nmay be exercised only for the purpose of searching for articles of a kind\nwhich could be used in connection with terrorism; and\n\nTerrorism Law\nSection 49\n\nc\nRevised as at 28th day of February, 2018\nPage 33\n\n(b) may be exercised whether or not the constable has grounds for suspecting\nthe presence of articles of that kind.\n(2) A constable may seize and retain an article which he discovers in the course of\na search under section 47(1) or (2) and which he reasonably suspects is intended\nto be used in connection with terrorism.\n(3) A constable exercising the power conferred by an authorisation may not require\na person to remove any clothing in public except for headgear, footwear, an\nouter coat, a jacket or gloves.\n(4) Where a constable proposes to search a person or vehicle under section 47(1)\nor (2), he may detain the person or vehicle for such time as is reasonably\nrequired to permit the search to be carried out at or near the place where the\nperson or vehicle is stopped.\n(5) Where \u2014\n(a)\na vehicle or pedestrian is stopped under section 47(1) or (2), and\n(b) the driver of the vehicle or the pedestrian applies for a written statement\nthat the vehicle was stopped, or that he was stopped, under\nsection 51(1) or (2),\nthe written statement shall be provided.\n(6) An application under subsection (5) must be made within the period of twelve\nmonths beginning with the date on which the vehicle or pedestrian was stopped.\n49.\nDuration of authorisation\n49. (1) An authorisation under section 48 has effect, subject to subsections (2) to (7),\nduring the period \u2014\n(a)\nbeginning at the time when the authorisation is given; and\n(b) ending with a date or at a time specified in the authorisation.\n(2) The date or time specified under subsection (1)(b) must not occur after the end\nof the period of twenty-eight days beginning with the day on which the\nauthorisation is given.\n(3) The person who gives an authorisation shall inform the Governor as soon as is\nreasonably practicable.\n(4) If an authorisation is not confirmed by the Governor before the end of the period\nof forty-eight hours beginning with the time when it is given \u2014\n(a)\nit shall cease to have effect at the end of that period, but\n(b) its ceasing to have effect shall not affect the lawfulness of anything done\nin reliance on it before the end of that period.\n(5) Where the Governor confirms an authorisation he may substitute an earlier date\nor time for the date or time specified under subsection (1)(b).\n\nSection 50\nTerrorism Law\n\nPage 34\nRevised as at 28th day of February, 2018\nc\n\n(6) The Governor may cancel an authorisation with effect from a specified time.\n(7) An authorisation may be renewed in writing by the person who gave it or by a\nperson who could have given it; and subsections (1) to (6) shall apply as if a\nnew authorisation were given on each occasion on which the authorisation is\nrenewed.\n50.\nOffences under this Part\n50. (1) A person commits an offence if he \u2014\n(a)\nfails to stop a vehicle when required to do so by a constable in the exercise\nof the power conferred by an authorisation under section 47(1);\n(b) fails to stop when required to do so by a constable in the exercise of the\npower conferred by an authorisation under section 47(2); or\n(c)\nwilfully obstructs a constable in the exercise of the power conferred by an\nauthorisation under section 47(1) or (2).\n(2) A person who commits an offence under this section is liable on summary\nconviction to a fine of four thousand dollars and imprisonment for six months.\n51.\nAuthorisations-parking\n51. (1) An authorisation under this section authorises any constable in uniform to\nprohibit or restrict the parking of vehicles on a road specified in the\nauthorisation.\n(2) An authorisation may be given only if the person giving it considers it expedient\nfor the prevention of acts of terrorism.\n(3) An authorisation may be given by a police officer who is of at least the rank of\ninspector.\n(4) If an authorisation is given orally, the person giving it shall confirm it in writing\nas soon as is reasonably practicable.\n52.\nExercise of power\n52. (1) The power conferred by an authorisation under section 51 shall be exercised by\nplacing a traffic sign on the road concerned.\n(2) A constable exercising the power conferred by an authorisation under section 49\nmay suspend a parking place.\n53.\nDuration of authorisation\n53. (1) An authorisation under section 51 has effect, subject to subsections (2) and (3),\nduring the period specified in the authorisation.\n(2) The period specified shall not exceed twenty-eight days.\n(3) An authorisation may be renewed in writing by the person who gave it or by a\nperson who could have given it; and subsections (1) and (2) shall apply as if a\n\nTerrorism Law\nSection 54\n\nc\nRevised as at 28th day of February, 2018\nPage 35\n\nnew authorisation were given on each occasion on which the authorisation is\nrenewed.\n54.\nOffences\n54. (1) A person commits an offence if he parks a vehicle in contravention of a\nprohibition or restriction imposed under section 51.\n(2) A person commits an offence if \u2014\n(a)\nhe is the driver or other person in charge of a vehicle which has been\npermitted to remain at rest in contravention of any prohibition or restriction\nimposed under section 51; and\n(b) he fails to move the vehicle when ordered to do so by a constable in\nuniform.\n(3) It is a defence for a person charged with an offence under this section to prove\nthat he had a reasonable excuse for the act or omission in question.\n(4) Possession of a current disabled person\u2019s badge shall not itself constitute a\nreasonable excuse for the purposes of subsection (3).\n(5) A person who commits an offence under subsection (1) is liable on summary\nconviction to a fine of two thousand dollars.\n(6) A person who commits an offence under subsection (2) is liable on summary\nconviction to a fine of two thousand dollars and imprisonment for three months.\n55.\nPower to intercept communications and the admissibility of intercepted\ncommunications\n55. (1) Subject to subsection (2), a constable who is of at least the rank of inspector\nmay, for the purposes of obtaining evidence of the commission of an offence\nunder this Law, apply to the Governor in writing for an interception of\ncommunications order.\n(2) The constable may make an application under subsection (1) only with the prior\nwritten consent of the Attorney General.\n(3) The Governor may make an order \u2014\n(a)\nrequiring a service provider to intercept and retain a specified\ncommunication or communications of a specified description received or\ntransmitted or about to be received or transmitted by that service provider;\n(b) authorising the constable to enter any premises and to install on such\npremises any device for the interception and retention of a specified\ncommunication or communication of a specified description and to remove\nand retain such device,\n\nSection 56\nTerrorism Law\n\nPage 36\nRevised as at 28th day of February, 2018\nc\n\nif the Governor is satisfied that the written consent of the Attorney General has\nbeen obtained as required by subsection (2) and that there are reasonable\ngrounds to believe that material information relating to \u2014\n(i)\nthe commission of an offence under this Law; or\n(ii) the whereabouts of the person suspected by the constable to have\ncommitted the offence,\nis contained in that communication or communications of that description.\n(4) Any information contained in a communication \u2014\n(a)\nintercepted and retained pursuant to an order under subsection (3); or\n(b) intercepted and retained in a foreign state in accordance with the law of\nthat foreign state and certified by a judge of that foreign state to have been\nso intercepted and retained,\nshall be admissible in proceedings for an offence under this Law, as evidence of\nthe truth of its contents notwithstanding the fact that it contains hearsay.\n56.\nDefinitions in this Part\n56. In sections 51 to 54 \u2014\n\u201cdisabled person\u2019s badge\u201d means a badge issued, or having effect as if issued,\nunder any regulations for the time being in force under the Traffic Law, 2011\n[Law 26 of 2011];\n\u201cdriver\u201d means, in relation to a vehicle which has been left on any road, the\nperson who was driving it when it was left there; and\n\u201cparking\u201d means leaving a vehicle or permitting it to remain at rest.\nPART IX - General\n57.\nPolice powers\n57. (1) A power conferred under this Law on a constable \u2014\n(a)\nis additional to powers which he has at common law or under any other\nenactment; and\n(b) shall not be taken to affect those powers.\n(2) A constable may if necessary use reasonable force for the purpose of exercising\na power conferred on him under this Law.\n(3) Where anything is seized by a constable under a power conferred under this\nLaw, it may (unless the contrary intention appears) be retained for so long as is\nnecessary in all the circumstances.\n\nTerrorism Law\nSection 58\n\nc\nRevised as at 28th day of February, 2018\nPage 37\n\n58.\nPowers to stop and search\n58. (1) A power to search premises conferred under this Law shall be taken to include\npower to search a container.\n(2) A power conferred under this Law to stop a person includes power to stop a\nvehicle (other than an aircraft which is airborne).\n(3) A person commits an offence if he fails to stop a vehicle when required to do so\nunder this section.\n(4) A person who commits an offence under subsection (3) is liable on summary\nconviction to a fine of four thousand dollars and to imprisonment for six months.\n59.\nEvidence\n59. (1) A document which purports to be \u2014\n(a)\na notice or direction given or order made by the Governor for the purposes\nof a provision of this Law; and\n(b) signed by him or on his behalf,\nshall be received in evidence and shall, until the contrary is proved, be deemed\nto have been given or made by the Governor.\n(2) A document bearing a certificate which \u2014\n(a)\npurports to be signed by or on behalf of the Governor; and\n(b) states that the document is a true copy of a notice or direction given or\norder made by the Governor for the purposes of a provision of this Law,\nshall be evidence of the document in legal proceedings.\n(3) In subsections (1) and (2), a reference to an order does not include a reference\nto an order made by statutory instrument.\n60.\nRegulations\n60. The Cabinet may make such regulations as are required for the effective\nimplementation of this Law, and such regulations may contain savings and\ntransitional provisions, and may make different provisions for different purposes.\n61.\nDirections\n61. A direction given under this Law may be varied or revoked by a further direction.\n62.\nProvision as to offences under this Law and the Terrorism\n(United Nations Measures) (Overseas Territories) Order, 2001\n62. Where any act or omission constitutes an offence under this Law and the Terrorism\n(United Nations Measures) (Overseas Territories) Order, 2001 the offender is, unless\nthe contrary intention appears, liable to be prosecuted and punished under either this\nLaw or the Order but is not liable to be punished twice for the same offence.\n\nSection 63\nTerrorism Law\n\nPage 38\nRevised as at 28th day of February, 2018\nc\n\n63.\nReport to Legislative Assembly\n63. The Attorney General shall lay before the Legislative Assembly at least once in every\ntwelve months a report on the working of this Law.\n64.\nSavings and transitional provisions\n64. (1) Where \u2014\n(a)\nprior to the date of commencement of the Terrorism (Amendment) Law,\n2017[Law 48 of 2017], \u201camending Law\u201d, an accused person is convicted\nfollowing a trial of or a plea of guilty to an offence under the former Law;\nand\n(b) at the date of commencement of the amending Law, no judgment or\nsentence 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 the 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 the amending Law, any trial or any\nproceedings 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\nare to apply accordingly.\n(3) In this section \u201cformer Law\u201d means the principal Law in force immediately\nbefore the date of commencement of the amending Law.\n\nTerrorism Law\nSCHEDULE 1\n\nc\nRevised as at 28th day of February, 2018\nPage 39\n\n SCHEDULE 1\n(section 25)\nDISCLOSURE OF INFORMATION: REGULATED AND PUBLIC SECTORS\nPART 1\nREGULATED SECTOR\nFailure to disclose\n1.\n(1) A person commits an offence if each of the following conditions is satisfied.\n (2) The first condition is that he knows or suspects, or has reasonable grounds for\nknowing or suspecting, that another person has committed an offence under\nsections 19 to 22.\n (3) The second condition is that the information or other matter on which his\nknowledge or suspicion is based or which gives reasonable grounds for such\nknowledge or suspicion, came to him in the course of a business in the regulated\nsector.\n (4) The third condition is that he does not disclose the information or other matter\nto a constable or a nominated officer as soon as is practicable after it comes to\nhim.\n (5) A person does not commit an offence under this paragraph if he is a professional\nlegal adviser and the information or other matter came to him in privileged\ncircumstances.\n (6) In deciding whether a person committed an offence under this paragraph the\ncourt must consider whether he followed any relevant guidance which was at the\ntime concerned \u2014\n(a)\nissued by the Authority or any other appropriate body;\n(b) approved by the Cabinet; and\n(c)\npublished in a manner approved by the Cabinet as appropriate in its\nopinion to bring the guidance to the attention of persons likely to be\naffected by it.\n(7) A certificate signed by or on behalf of the Cabinet or a true copy of such a\ncertificate that a matter was, or was not, approved by the Cabinet at any material\ntime for the purposes of subparagraph (6) shall be conclusive evidence of that\nfact in any legal proceedings, and a document which purports to be such a\ncertificate or to be a true copy of such a certificate) shall be received in evidence\nin any legal proceedings and shall, until the contrary is proved, be deemed to be\nsuch a certificate or such a copy.\n\nSCHEDULE 1\nTerrorism Law\n\nPage 40\nRevised as at 28th day of February, 2018\nc\n\n(8) A disclosure to a nominated officer is a disclosure which is made \u2014\n(a)\nto a person nominated by the alleged offender's employer to receive\ndisclosures under this paragraph; and\n(b) in the course of the alleged offender's employment and in accordance with\nthe procedure established by the employer for the purpose.\n (9) Information or other matter comes to a professional legal adviser in privileged\ncircumstances if it is communicated or given to him \u2014\n(a)\nby or by a representative of a client of his in connection with the giving by\nthe adviser of legal advice to the client;\n(b) by or by a representative of a person seeking legal advice from the adviser;\nor\n(c)\nby a person in connection with legal proceedings or contemplated legal\nproceedings.\n\n(10) Subparagraph (9) does not apply to information or other matter which is\ncommunicated or given with a view to furthering a criminal purpose.\n\n(11) For the purposes of subparagraph (2) a person is taken to have committed an\noffence there mentioned if \u2014\n(a)\nhe has taken an action or been in possession of a thing; and\n(b) he would have committed an offence if he had been in the Islands at the\ntime when he took the action or was in possession of the thing.\n\n(12) For the purposes of this paragraph an appropriate body is any body which\nregulates or is representative of any trade, profession, business or employment\ncarried on by the alleged offender.\n\n(13) A person who commits an offence under this paragraph is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; or\n(b) on conviction on indictment, to a fine and to imprisonment for five years.\nProtected disclosures\n2.\n(1) A disclosure which satisfies the following three conditions is not to be taken to\nbreach any restriction on the disclosure of information however imposed.\n\n(2) The first condition is that the information or other matter disclosed came to the\nperson making the disclosure (\u201cthe discloser\u201d) in the course of a business in the\nregulated sector.\n\n(3) The second condition is that the information or other matter causes the discloser\nto know or suspect or gives him reasonable grounds for knowing or suspecting,\nthat another person has committed an offence under sections 19 to 22.\n\nTerrorism Law\nSCHEDULE 1\n\nc\nRevised as at 28th day of February, 2018\nPage 41\n\n(4) The third condition is that the disclosure is made to a constable or nominated\nofficer as soon as is practicable after the information or other matter comes to\nthe discloser.\n\n(5) A disclosure to a nominated officer is a disclosure which is made \u2014\n(a)\nto a person nominated by the discloser's employer to receive disclosures\nunder this paragraph; and\n(b) in the course of the discloser\u2019s employment and in accordance with the\nprocedure established by the employer for that purpose.\n\nPART 2\nPUBLIC SECTOR\nAuthorised or required disclosures\n3.\n(1) Notwithstanding any restriction otherwise imposed by any Law on the\ndisclosure by a specified public officer or a specified public authority of information\nobtained in an official capacity by that officer or authority, that officer or authority\nmay, and shall if so directed by the Cabinet under this paragraph, disclose such\ninformation for any of the purposes to which this paragraph applies.\n\n(2) A direction given by the Cabinet under this paragraph may specify the\ninformation to be disclosed, the person or authority to whom it is to be disclosed\nand the manner in which and any conditions subject to which it is to be disclosed.\n\n(3) The information that may, or may be directed to be, disclosed under this\nparagraph includes information obtained before the commencement of this\nparagraph.\n\n(4) A person who fails to comply with a direction given by the Cabinet under this\nparagraph commits an offence and is liable \u2014\n(a)\non summary conviction to a fine of four thousand dollars and to\nimprisonment for six months; or\n(b) on conviction on indictment to a fine and to imprisonment for five years.\n\n(5) The purposes to which this paragraph applies are \u2014\n(a)\nthe purposes of any terrorist finance criminal investigation which may be\ncarried out, whether in the Islands or elsewhere;\n(b) the purposes of any terrorist finance criminal proceedings which have been\nor may be initiated, whether in the Islands or elsewhere;\n(c)\nthe purposes of the initiation or bringing to an end of any such\ninvestigation or proceedings; and\n\nSCHEDULE 1\nTerrorism Law\n\nPage 42\nRevised as at 28th day of February, 2018\nc\n\n(d) the purpose of facilitating a determination of whether any such\ninvestigation or proceedings should be initiated or brought to an end.\n\n(6) Nothing in this paragraph shall be taken to prejudice any power to disclose\ninformation which exists apart from this paragraph.\n\n(7) In this paragraph \u2014\n\u201cspecified public authority\u201d means any authority that is specified for the\npurposes of this paragraph by an order made by the Cabinet;\n \u201cspecified public officer\u201d means any person holding or acting in any office that\nis specified for the purposes of this paragraph by an order made by the Cabinet;\n\u201cterrorist finance criminal investigation\u201d means an investigation of any conduct\nwhich \u2014\n(i)\nconstitutes one or more terrorist finance offences; or\n(ii) is, or corresponds to, conduct which, if it took place in the Islands,\nwould constitute such an offence or such offences; and includes an\ninvestigation of any such alleged or suspected such conduct and an\ninvestigation of whether any such conduct has taken place;\n\u201cterrorist finance criminal proceedings\u201d means proceedings for a terrorist\nfinance offence or for terrorist finance offences or, if they are proceedings\noutside the Islands, for an offence or offences substantially corresponding to a\nterrorist finance offence or to terrorist finance offences; and\n\u201cterrorist finance offence\u201d means an offence under sections 19 to 22.\nRestriction on disclosure of information for overseas purposes\n4.\n(1) The Cabinet may give a direction which \u2014\n(a)\nspecifies any overseas proceedings or overseas investigation or any\ndescription of such proceedings or investigations, and\n(b) prohibits, either absolutely or in such cases, or subject to such conditions\nas to consent or otherwise, as may be specified in the direction, the making\nof any relevant disclosures for the purposes of those proceedings or that\ninvestigation or, as the case may be, proceedings or investigations of that\ndescription.\n\n(2) In subparagraph (1) the reference, in relation to a direction, to a relevant\ndisclosure is a reference to a disclosure which \u2014\n(a)\nis authorised by paragraph 3 or by or under any other law in the Islands;\nand\n(b) is a disclosure of such information as is described in the direction.\n\n(3) A person who discloses any information in contravention of a direction under\n\nTerrorism Law\nSCHEDULE 1\n\nc\nRevised as at 28th day of February, 2018\nPage 43\n\nthis paragraph commits an offence and is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for three months; or\n(b) on conviction on indictment, to a fine and to imprisonment for two years.\n\n(4) In this paragraph \u2014\n\u201coverseas investigation\u201d means a terrorist finance criminal investigation as\ndefined in paragraph 3(7) which is being, or will or may be, conducted by an\nauthority of a country or territory outside the Islands; and\n\u201coverseas proceedings\u201d means terrorist finance criminal proceedings as defined\nin paragraph 3(7) which are taking place, or will or may take place, in a country\nor territory outside the Islands.\n\nSCHEDULE 2\nTerrorism Law\n\nPage 44\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE 2\n(section 28)\nFORFEITURE ORDERS\nPART 1\nOrders in the Islands\nDefinitions\n1.\nIn this Schedule \u2014\n\u201cforfeiture order\u201d means an order made by a court under section 28; and\n\u201cforfeited property\u201d means the money or other property to which a forfeiture order\napplies.\nImplementation of forfeiture orders\n2.\n(1) Where a court makes a forfeiture order it may make such other provision as\nappears to it to be necessary for giving effect to the order, and in particular it may -\n(a)\nrequire any of the forfeited property to be paid or handed over to the proper\nofficer specified in the order;\n(b) direct any of the forfeited property other than money or land to be sold or\notherwise disposed of in such manner as the court may direct and the\nproceeds if any to be paid to the proper officer;\n(c)\nappoint a receiver to take possession, subject to such conditions and\nexceptions as may be specified by the court, of any of the forfeited\nproperty, to realise such property in such manner as the court may direct\nand to pay the proceeds to the proper officer; or\n(d) direct a specified part of any forfeited money, or of the proceeds of the\nsale, disposal or realisation of any forfeited property, to be paid by the\nproper officer to a specified person falling within section 28(7).\n(2) A forfeiture order shall not come into force until there is no further possibility\nof it being varied, or set aside, on appeal (disregarding any power of a court to\ngrant leave to appeal out of time).\n(3) In subparagraph (1)(b) and (d) a reference to the proceeds of the sale, disposal\nor realisation of property is a reference to the proceeds after deduction of the\ncosts of sale, disposal or realisation.\n3.\n(1) A receiver appointed under paragraph 2 shall be entitled to be paid his\nremuneration and expenses by the proper officer out of the proceeds of the\nproperty realised by the receiver and paid to the proper officer under paragraph\n2(1)(c).\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 45\n\n(2) Where and so far as those proceeds are insufficient, the receiver shall be entitled\nto be paid his remuneration and expenses out of the revenue of the Islands.\n\n(3) A receiver appointed under paragraph 2 is not liable to any person in respect of\nany loss or damage resulting from action which -\n(a)\nhe takes in relation to property which is not forfeited property, but which\nhe reasonably believes to be forfeited property;\n(b) he would be entitled to take if the property were forfeited property; and\n(c)\nhe reasonably believes that he is entitled to take because of his belief that\nthe property is forfeited property.\n\n(4) Subparagraph (3) does not apply where the loss or damage is caused by the\nreceiver\u2019s negligence.\n4.\n(1) In paragraph 2 \u2014\n\u201cthe proper officer\u201d means the Clerk of the Grand Court.\n (2) The proper officer shall issue a certificate in respect of a forfeiture order if an\napplication is made by -\n(a)\nthe prosecutor in the proceedings in which the forfeiture order was made;\n(b) the defendant in those proceedings, or\n(c)\na person whom the court heard under section 28(7) before making the\norder.\n(3) The certificate shall state the extent if any to which, at the date of the certificate,\neffect has been given to the forfeiture order.\nRestraint orders\n5.\n(1) The court may make a restraint order under this paragraph where \u2014\n(a) proceedings have been instituted in the Islands for an offence under\nsections 19 to 22 of the Proceeds of Crime Law (2018 Revision) and\nsection 20 of this Law;\n(b) the proceedings have not been concluded;\n(c)\nan application for a restraint order is made to the court by the prosecutor;\nand\n(d) a forfeiture order has been made, or it appears to the court that a forfeiture\norder may be made, in the proceedings for the offence.\n\n(2) The court may also make a restraint order under this paragraph where \u2014\n(a)\nit is satisfied that a person is to be charged in the Islands with an offence\nunder sections 19 to 22;\n(b) an application for a restraint order is made to the court by the person whom\nthe court is satisfied will have the conduct of the proposed proceedings for\nthe offence; and\n\nSCHEDULE 2\nTerrorism Law\n\nPage 46\nRevised as at 28th day of February, 2018\nc\n\n(c)\nit appears to the court that a forfeiture order may be made in those\nproceedings.\n\n(3) A restraint order prohibits a person to whom notice of it is given, subject to any\nconditions and exceptions specified in the order, from dealing with property in\nrespect of which a forfeiture order has been or could be made in the proceedings\nreferred to in subparagraph (1) or (2).\n\n(4) A restraint order \u2014\n(a)\nmay be made only on an application by the Director of Public\nProsecutions; and\n(b) may be made on an ex parte application to a judge in chambers without\nnotice.\n\n(5) In this paragraph, a reference to dealing with property includes a reference to\nremoving the property from the Islands.\n6.\n(1) A restraint order shall provide for notice of it to be given to any person affected\nby the order.\n\n(2) A restraint order may be discharged or varied by the court on the application of\na person affected by it.\n (3) In particular, a restraint order shall be discharged on an application under\nsubparagraph (2) -\n(a)\nin the case of an order made under paragraph 5(2), if the proceedings in\nrespect of the offence are not instituted within such time as the court\nconsiders reasonable; and\n(b) in any case, if the proceedings for the offence have been concluded.\n7.\n(1) A constable may seize any property subject to a restraint order for the purpose\nof preventing it from being removed from the Islands.\n (2) Property seized under this paragraph shall be dealt with in accordance with the\ncourt\u2019s directions.\n8.\nIn the case of a restraint order made in respect of land \u2014\n(a)\nthe restraint order shall inhibit for a specified period of time, until the\noccurrence of a specified event or generally until further order, the\nregistration of any dealing with any interest in the land;\n(b) a copy of the restraint order under the seal of the court, with the particulars\nof the land, lease or charge thereby affected shall be sent to the Registrar\nof Lands who shall register it in the Land Register maintained under\nsection 9 of the Registered Land Law (2018 Revision) in respect of the land\nin question, and no restraint order shall bind or affect any interest in the\nland until it has been registered; and\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 47\n\n(c)\nso long as the restraint order remains registered, no instrument which is\ninconsistent with it shall be registered.\nCompensation\n9.\n(1) This paragraph applies where a restraint order is discharged under paragraph\n6(3)(a).\n(2)\nThis paragraph also applies where a forfeiture order or a restraint order is made\nin or in relation to proceedings for an offence under sections 19 to 22 and\nwhich \u2014\n(a)\ndo not result in conviction for an offence under any of those sections;\n(b) result in conviction for an offence under any of those sections in respect\nof which the person convicted is subsequently pardoned by the Governor;\nor\n(c)\nresult in conviction for an offence under any of those sections which is\nsubsequently quashed.\n(3)\nA person who had an interest in any property which was subject to the order\nmay apply to the court for compensation.\n (4) The court shall not order compensation to be paid in any case unless the court\nis satisfied \u2014\n(a)\nthat there has been some serious default on the part of a person concerned\nin the investigation or prosecution of the offence concerned;\n(b) that the person concerned was or was acting as a member of the Service or\nwas acting under the authority of the Director of Public Prosecutions;\n(c) that the applicant has suffered loss in consequence of anything done in\nrelation to the property by or in pursuance of the forfeiture order or\nrestraint order; and\n(d) that, having regard to all the circumstances, it is appropriate to order\ncompensation to be paid.\n\n(5) The court shall not order compensation to be paid in any case where it appears\nto the court that the proceedings would have been instituted or continued even\nif the serious default had not occurred.\n\n(6) The amount of compensation to be paid under this section shall be such as the\ncourt thinks just in all the circumstances of the case.\nProceedings for an offence: timing\n10. (1) For the purposes of this Schedule, proceedings for an offence are instituted \u2014\n(a) when a summons or warrant is issued in respect of the offence;\n(b) when a person is charged with the offence after being taken into custody\nwithout a warrant; or\n\nSCHEDULE 2\nTerrorism Law\n\nPage 48\nRevised as at 28th day of February, 2018\nc\n\n(c)\nwhen a bill of indictment charging a person with the offence is preferred.\n\n(2) Where the application of subparagraph (1) would result in there being more than\none time for the institution of proceedings the proceedings shall be taken to be\ninstituted at the earliest of those times.\n\n(3) For the purposes of this Part, proceedings are concluded \u2014\n(a)\nwhen a forfeiture order has been made in those proceedings and effect has\nbeen given to it in respect of all of the forfeited property; or\n(b) when no forfeiture order has been made in those proceedings and there is\nno further possibility of one being made as a result of an appeal\n(disregarding any power of a court to grant leave to appeal out of time).\nPART 2\nEXTERNAL ORDERS\nEnforcement of orders made in designated countries\n11. (1) The Cabinet may, by Order \u2014\n(a)\ndesignate countries and territories outside the Islands to whose external\norders and proceedings this Law shall apply, subject to subparagraph (2);\nand\n(b) specify appropriate authorities within designated countries that are to give\neffect to the provisions of this Law in relation to external orders and to\nrelated proceedings.\n\n(2) An \u201cexternal order\u201d means an order \u2014\n(a)\nwhich is made in a country or territory designated for the purposes of this\nparagraph by the order; and\n(b) which makes relevant provision.\n\n(3) \u201cRelevant provision\u201d means \u2014\n(a)\nprovision for the forfeiture of terrorist property (\u201can external forfeiture\norder\u201d); or\n(b) provision prohibiting dealing with property which is subject to an external\nforfeiture order or in respect of which such an order could be made in\nproceedings which have been or are to be instituted in the designated\ncountry or territory (\u201can external restraint order\u201d).\n\n(4) An order under this paragraph may, in particular, include provision \u2014\n(a)\nwhich, for the purpose of facilitating the enforcement of any external order\nthat may be made, has effect at times before there is an external order to\nbe enforced;\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 49\n\n(b) which disapplies, or qualifies or modifies the application of, any of the\nprovisions of subparagraphs (6)(b) and (7) to (14) to or in relation to any\nspecified external order (or any specified class of such orders) made in a\nspecified designated country or territory; or\n(c)\nfor the proof of any matter relevant for the purposes of anything falling to\nbe done under the order.\n (5) An order under this paragraph may also make provision with respect to anything\nfalling to be done on behalf of the Islands in a designated country or territory in\nrelation to proceedings in that country or territory for or in connection with the\nmaking of an external order.\n\n(6) An external order shall be enforced in the Islands only in accordance with \u2014\n(a)\nthe provisions of, or any provisions made under, this paragraph, and\n(b) any provisions made by rules of court as to the manner in which, and the\nconditions subject to which, such orders are to be enforced in the Islands.\n\n(7) On an application made to it in accordance with rules of court for registration of\nan external order made in a designated country or territory, the court shall direct\nthat the order shall, in accordance with such rules, be registered in that court.\n\n(8) Rules of court shall also make provision \u2014\n(a)\nfor cancelling or varying the registration of an external forfeiture order\nwhen effect  has been given to it, whether in the Islands or elsewhere, in\nrespect of all or, as the case may be, part of the money or other property to\nwhich the order applies; and\n(b) for cancelling or varying the registration of an external restraint order\nwhich has been discharged or varied by the court by which it was made.\n\n(9) If an external forfeiture order is registered under this paragraph, the court shall\nhave, in relation to that order, the same powers as a court has under paragraph\n2(1) to give effect to a forfeiture order made by it, and \u2014\n(a)\nparagraphs 3 and 4 shall apply accordingly; and\n(b) after making any payments required under paragraph 2(1)(d) or (3), the\nbalance of any sums received by the proper officer as defined by paragraph\n4(1) by an order made under this subparagraph shall be paid by him to the\nCabinet.\n\n(10) If an external restraint order is registered under this paragraph \u2014\n(a)\nparagraphs 7 and 8 shall apply as they apply to a restraint order under\nparagraph 5; and\n(b) the court shall have the like power, in relation to proceedings brought or\nlikely to be brought for that order, to make an order for inspection of\nproperty or for related matters as it would have, under any law for the time\n\nSCHEDULE 2\nTerrorism Law\n\nPage 50\nRevised as at 28th day of February, 2018\nc\n\nbeing in force in the Islands, if those proceedings had been brought or were\nlikely to be brought in the court.\n\n(11) In addition, if an external order is registered under this paragraph \u2014\n(a)\nthe court shall have, in relation to its enforcement, the same power as if\nthe order had originally been made in the court;\n(b) proceedings for or with respect to its enforcement may be taken as if the\norder had originally been made in the court; and\n(c)\nproceedings for or with respect to the contravention of such an order,\nwhether before or after such registration, may be taken as if the order had\noriginally been made in the court.\n\n(12) The court may also make such orders or do otherwise as seems to it appropriate\nfor the purpose of \u2014\n(a)\nassisting the achievement in the Islands of the purposes of an external order\nthat has been registered under this paragraph; or\n(b) assisting a receiver or other person directed by such an external order to\nsell or otherwise dispose of property.\n\n(13) The following documents shall be received in evidence in the Islands without\nfurther proof \u2014\n(a)\na document purporting to be a copy of an external order and to be certified\nas such by an officer (who is authorised to do so) of the court by which it\nwas made; and\n(b) a document purporting to be a certificate for purposes corresponding to\nthose of paragraph 4(2) and (3) and to be certified by an officer of the court\nconcerned.\n\n(14) Where, under this paragraph, a thing is to be done in accordance with rules of\ncourt, it may, if there are for the time being no rules of court in force in the\nIslands governing that matter, be done in accordance with such directions in that\nbehalf as may be given by a judge of the court on application made ex parte to\nhim in chambers.\n\n(15) An order made by the Cabinet under this paragraph  \u2014\n(a)\nmay make different provision for different matters; and\n(b) shall not be made unless a draft of it has been laid before and approved by\nresolution of the Legislative Assembly.\n\nPART 3\nINSOLVENCY\nGeneral\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 51\n\n12. In this Part \u2014\n\u201cancillary order\u201d means an order made in connection with a forfeiture, other than the\nforfeiture order;\n\u201cforfeiture order\u201d means an order made in the Islands under section 28 or an external\nforfeiture order which is enforceable in the Islands under an order made by the Cabinet\nunder paragraph 11;\n\u201cforfeited property\u201d means the money or other property to which a forfeiture order applies,\nand\n\u201crestraint order\u201d means an order made under paragraph 5 or an external restraint order\nwhich is enforceable in the Islands under an order made by the Cabinet under paragraph\n11.\nProtection of creditors against forfeiture\n13. (1) During the period of six months beginning with the making of a forfeiture order,\nthe following shall not be disposed of under this Schedule \u2014\n(a)\nthe money to which the order applies; and\n(b) the money which represents any property to which the order applies.\n\n(2) For the purposes of this paragraph, money is finally disposed of under this\nSchedule when \u2014\n(a) in the case of a forfeiture order made in the Islands, it is paid to the person\nor authority authorised by law in the Islands to receive the proceeds of\nfines; or\n(b) in the case of an external forfeiture order, it is paid to the Cabinet under\nparagraph 11(9)(b).\n14. (1) This paragraph applies where \u2014\n(a)\nbefore or after a forfeiture order is made, the commencement of an\ninsolvency occurs in qualifying insolvency proceedings;\n(b) an insolvency practitioner would, but for the forfeiture order, exercise a\nfunction in those proceedings in relation to property to which the forfeiture\norder applies; and\n(c)\nthe insolvency practitioner gives written notice to the relevant officer of\nthe matters referred to in subsubparagraphs (a) and (b) before the end of\nthe period of six months beginning with the making of the forfeiture order.\n\n(2) Subparagraph (3) shall apply to \u2014\n(a)\nthe property in relation to which the insolvency practitioner would, but for\nthe forfeiture order, exercise a function as described in subparagraph\n(1)(b); and\n\nSCHEDULE 2\nTerrorism Law\n\nPage 52\nRevised as at 28th day of February, 2018\nc\n\n(b) the proceeds of sale of that property.\n\n(3) The property \u2014\n(a)\nshall cease to be subject to the forfeiture order and any ancillary order; and\n(b) shall be dealt with in the insolvency proceedings as if the forfeiture order\nhad never been made.\n\n(4) (a) The property to which subparagraph (3) applies is the balance remaining\nafter the relevant officer has exercised his powers under paragraph 17(1),\nand\n(b) Subparagraph (3) shall not take effect in respect of property in relation to\nwhich the relevant officer, or any person acting in pursuance of an\nancillary order, has incurred obligations until those obligations have been\ndischarged.\n\n(5) In this paragraph \u2014\n\u201cthe commencement of an insolvency\u201d means \u2014\n(a)\nthe making of a bankruptcy order;\n(b) in the case of the insolvent estate of a deceased person, the making of an\ninsolvency administration order; or\n(c)\nin the case of a company, the passing of a resolution for its winding up or,\nwhere no such resolution has been passed, the making of an order by a\ncourt for its winding up.\n15. (1) Where under paragraph 14(3) property falls to be dealt with in insolvency\nproceedings, the Cabinet shall be taken to be a creditor in those proceedings to the\namount or value of the property.\n\n(2) The debt of the Cabinet shall rank after the debts of all other creditors.\n16. (1) This paragraph applies to any property which ceased to be subject to a forfeiture\norder under paragraph 14(3) in consequence of the making of a bankruptcy order.\n\n(2)  The property shall again become subject to the forfeiture order and, if applicable,\nany ancillary order if the bankruptcy order is annulled.\n\n(3) Where the property is money or has been converted into money \u2014\n(a)\nthe court which ordered the annulment of the bankruptcy shall make an\norder specifying property comprised in the estate of the bankrupt or debtor\nto the amount or value of the property; and\n(b) the specified property shall become subject to the forfeiture order, and any\napplicable ancillary order, in place of the property.\n17. (1) Where money or other property falls to be dealt with in accordance with\nparagraph 14(3), the relevant officer may \u2014\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 53\n\n(a)\ndeduct allowable forfeiture expenses from that money;\n(b) retain so much of that property as he considers necessary for the purpose\nof realising it and deducting allowable forfeiture expenses from the\nproceeds of realisation.\n\n(2) Where property is delivered up in pursuance of paragraph 14(3) and the relevant\nofficer has not made provision under subparagraph (1) for all the allowable\nforfeiture expenses, then \u2014\n(a)\na person who has incurred allowable forfeiture expenses for which\nprovision has not been made shall have a claim to their value in the\ninsolvency proceedings, and\n(b) the expenses in question shall be treated for the purposes of the insolvency\nproceedings as if they were expenses of those proceedings.\nProtection of insolvency practitioners\n18. (1) This paragraph applies where an insolvency practitioner seizes or disposes of\nproperty which is subject to a forfeiture order or a restraint order and \u2014\n(a) he reasonably believes that he is entitled to do so in the exercise of his\nfunctions; and\n(b) he would be so entitled if the property were not subject to a forfeiture order\nor a restraint order.\n\n(2) The insolvency practitioner shall not be liable to any person in respect of any\nloss or damage resulting from the seizure or disposal except in so far as the loss\nor damage is caused by his negligence.\n\n(3) The insolvency practitioner shall have a lien on the property seized or the\nproceeds of its sale \u2014\n(a)\nfor such of his expenses as were incurred in connection with the insolvency\nproceedings in relation to which the seizure or disposal purported to take\nplace, and\n(b) for so much of his remuneration as may be reasonably assigned for his\nacting in connection with those proceedings.\n\n(4) Subparagraphs (1) to (3) are without prejudice to the generality of any provision\ncontained in any Law relating to insolvency.\n\n(5) In this paragraph \u2014\n\u201cinsolvency practitioner\u201d means a person acting as such and, for the purposes of\nthis paragraph, the question whether any person is acting as such shall be\ndetermined in accordance with subparagraphs (6), (7) and (8) except that the\nexpression shall also include an Official Receiver (however styled) acting as\nreceiver or manager of property.\n\nSCHEDULE 2\nTerrorism Law\n\nPage 54\nRevised as at 28th day of February, 2018\nc\n\n(6) For the purposes of this paragraph a person acts as an insolvency practitioner in\nrelation to a company by acting \u2014\n(a)\nas its liquidator, provisional liquidator, administrator or administrative\nreceiver; or\n(b) as supervisor of a voluntary arrangement approved by it under the\nCompanies Law (2018 Revision).\n\n(7) For the purposes of this paragraph, a person acts as an insolvency practitioner in\nrelation to an individual by acting \u2014\n(a)\nas his trustee in bankruptcy or interim receiver of his property; or\n(b) as trustee under a deed which is a deed of arrangement made for the benefit\nof his creditors; or\n(c)\nas supervisor of a voluntary arrangement proposed by him and approved\nunder the Bankruptcy Law (1997 Revision); or\n(d) in the case of a deceased individual to whose estate the provisions of the\nlaw for the time being in force in the Islands relating to the administration\nof the insolvent estates of deceased persons apply, as administrator of that\nestate.\n\n(8) References in subparagraph (7) to an individual include, except in so far as the\ncontext otherwise requires, references to a partnership.\n19. (1) The Cabinet may make an order under this paragraph to secure that an external\ninsolvency practitioner has the same rights under this Part of the Schedule in relation\nto property situated in the Islands as he would have if he were an insolvency\npractitioner in the Islands.\n\n(2) An order made this paragraph may, in particular, include \u2014\n(a)\nprovision which modifies the rights under this Part of this Schedule which\nare to be conferred under the order;\n(b) provision as to the manner in which the rights conferred under the order\nare to be exercised;\n(c)\nprovision as to the conditions subject to which those rights are to be\nexercised, including the obtaining of leave from a court; and\n(d) provision empowering a court granting such leave to impose such\nconditions as it thinks fit.\n\n(3)  An order under this paragraph may make different provision for different\npurposes.\n\n(4) In this paragraph \u2014\n\u201cexternal insolvency practitioner\u201d means a person exercising under the\ninsolvency law of a designated country or territory (that is to say, a country or\nterritory designated as mentioned in paragraph 11) functions corresponding to\n\nTerrorism Law\nSCHEDULE 2\n\nc\nRevised as at 28th day of February, 2018\nPage 55\n\nthose exercised by insolvency practitioners under the Bankruptcy Law (1997\nRevision);\n\u201cinsolvency law of the Islands\u201d include the provisions of the Companies Law (2018\nRevision), the Bankruptcy Law (1997 Revision) and the provisions of any other law in the\nIslands which relate to companies and the disqualification of company directors; and\n\u201cinsolvency law of a designated country or territory\u201d means so much of the law for the\ntime being in force in that country or territory as corresponds to provisions falling within\nsubparagraph (b).\nDefinitions and interpretation\n20. (1) In this Part (other than in paragraph 18) \u2014\n\u201cinsolvency practitioner\u201d mean a person acting in any qualifying insolvency\nproceedings in the Islands as \u2014\n(a)\na liquidator of a company or partnership;\n(b) a trustee in bankruptcy;\n(c)\nan administrator of the insolvent estate or a deceased person; or\n(d) a receiver or manager of any property.\n\n \u201cqualifying insolvency proceedings\u201d means \u2014\n(a)\nany proceedings, under any law for the time being in force in the Islands\nrelating to insolvency, for the winding up of a company or an unregistered\ncompany and includes any voluntary winding up of a company under any\nsuch law;\n(b) any proceedings, under any such law, for the winding up of an insolvent\npartnership;\n(c)\nany proceedings in bankruptcy; or\n(d) any proceedings, under any such law, in relation to the insolvent estate of\na deceased person.\n\u201crelevant officer\u201d means the proper officer within the meaning given in\nparagraph 4.\n\n(2) In this Part, references to the proceeds of sale or realisation of property are\nreferences to the proceeds after deduction of the costs of sale or realisation.\n\nSCHEDULE 3\nTerrorism Law\n\nPage 56\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE 3\n(section 29)\nFORFEITURE OF TERRORIST CASH\nPART I\nINTRODUCTORY\nTerrorist cash\n1.\n(1) This Schedule applies to cash (\u201cterrorist cash\u201d) and property which is earmarked\nas terrorist property.\n\n(2) In this Schedule \u2014\n\u201ccash\u201d means \u2014\n(a)\ncoins and notes in any currency;\n(b) postal orders;\n(c)\ncheques of any kind, including travellers\u2019 cheques;\n(d) bankers\u2019 drafts; and\n(e)\nbearer bonds and bearer shares,\nfound at any place in the Islands.\n\n(3) Cash also includes any kind of monetary instrument found in the Islands if the\ninstrument is specified by the Cabinet by order.\nPART 2\nSEIZURE AND DETENTION\nSeizure of cash\n2.\n(1) An authorised officer may seize any cash if he has reasonable grounds for\nsuspecting that it is terrorist cash.\n\n(2) An authorised officer may also seize cash part of which he has reasonable\ngrounds for suspecting to be terrorist cash if it is not reasonably practicable to\nseize only that part.\nDetention of seized cash\n3.\n(1) While the authorised officer continues to have reasonable grounds for his\nsuspicion, cash seized may be detained initially for a period of forty-eight hours.\n (2) The period for which the cash or any part of it may be detained may be extended\nby an order made by a summary court; but the order may not authorise the\ndetention of any of the cash \u2014\n\nTerrorism Law\nSCHEDULE 3\n\nc\nRevised as at 28th day of February, 2018\nPage 57\n\n(a)\nbeyond the end of the period of three months beginning with the date of\nthe order; and\n(b) in the case of any further order under this paragraph, beyond the end of the\nperiod of two years beginning with the date of the first order.\n\n(3) A Justice of the Peace may also exercise the power of a summary court to make\nthe first order under subparagraph (2) extending the period.\n\n(4) An order under subparagraph (2) shall provide for notice to be given to persons\naffected by it.\n\n(5) An application for an order under subparagraph (2) may be made by an\nauthorised officer, and the court or Justice may make the order if satisfied, in\nrelation to any cash to be further detained, that one of the following conditions\nis met \u2014\n(a)\nthe first condition is that there are reasonable grounds for suspecting that\nthe cash is intended to be used for the purposes of terrorism and that either\n\u2014\n(i)\nits continued detention is justified while its intended use is further\ninvestigated or consideration is given to bringing (in the Islands or\nelsewhere) proceedings against a person for an offence with which\nthe cash is connected; or\n(ii) proceedings against any person for an offence with which the cash is\nconnected have been started and have not been concluded; and\n(b) the second condition is that there are reasonable grounds for suspecting\nthat the cash is property earmarked as terrorist property and that either \u2014\n(i)\nits continued detention is justified while its derivation is further\ninvestigated or consideration is given to bringing (in the Islands or\nelsewhere) proceedings against any person for an offence with which\nthe cash is connected; or\n(ii) proceedings against any person for an offence with which the cash is\nconnected have been started and have not been concluded.\nPayment of detained cash into an account\n4.\n(1) If cash is detained under this Schedule for more than forty-eight hours, it\nis to be held in an interest-bearing account and the interest accruing on it is to\nbe added to it on its forfeiture or release.\n\n (2) In the case of cash seized under paragraph 2(2), the authorised officer shall,\non paying it into the account, release so much of the cash then held in the\naccount as is not attributable to terrorist cash.\n\n (3) Subparagraph (1) does not apply if the cash is required as evidence of an\noffence or evidence in proceedings under this Schedule.\n\nSCHEDULE 3\nTerrorism Law\n\nPage 58\nRevised as at 28th day of February, 2018\nc\n\nRelease of detained cash\n5.\n(1) This paragraph applies while any cash is detained under this Schedule.\n\n(2) A summary court may direct the release of the whole or any part of the cash if\nsatisfied, on an application by the person from whom it was seized, that the\nconditions in paragraph 3 for the detention of cash are no longer met in relation\nto the cash to be released.\n\n(3) An authorised officer may, after notifying the summary court or Justice under\nwhose order cash is being detained, release the whole or any part of it if satisfied\nthat the detention of the cash to be released is no longer justified.\n\n(4) Cash shall not to be released \u2014\n(a)\nif an application for its forfeiture under paragraph 6, or for its release under\nparagraph 9, is made, until any proceedings in pursuance of the application\n(including any proceedings on appeal) are concluded; and\n(b) if (in the Islands or elsewhere) proceedings are started against any person\nfor an offence with which the cash is connected, until the proceedings are\nconcluded.\n\nTerrorism Law\nSCHEDULE 3\n\nc\nRevised as at 28th day of February, 2018\nPage 59\n\nPART 3\nFORFEITURE\nForfeiture\n6.\n(1) While cash is detained under this Schedule, an application for the forfeiture of\nthe whole or any part of it may be made to a summary court by an authorised officer.\n\n(2) The court may order the forfeiture of the cash or any part of it if satisfied that\nthe cash or part is terrorist cash.\n\n(3) In the case of property earmarked as terrorist property which belongs to joint\ntenants one of whom is an excepted joint owner, the order may not apply to so\nmuch of it as the court thinks is attributable to the excepted joint owner's share.\n\n(4) An excepted joint owner is a joint tenant who obtained the property in\ncircumstances in which it would not (as against him) be earmarked; and\nreferences to his share of the earmarked property are to so much of the property\nas would have been his if the joint tenancy had been severed.\nAppeal against forfeiture\n7.\n(1) Any party to proceedings in which an order is made under paragraph 6 (\u201ca\nforfeiture order\u201d) who is aggrieved by the order may appeal to the court.\n\n(2) An appeal under subparagraph (1) shall be made within the period of thirty days\nbeginning with the date on which the order is made.\n\n(3) The appeal is to be by way of a rehearing.\n\n(4) The court may make any order it thinks appropriate and where the court upholds\nthe appeal, it may order the release of the cash.\nApplication of forfeited cash\n8. (1) Cash forfeited under this Schedule, and any accrued interest on it, shall be paid\ninto the revenue.\n\n(2) Cash shall not be paid in accordance with subparagraph (1) \u2014\n(a)\nbefore the end of the period within which an appeal under paragraph 7 may\nbe made; or\n(b) if a person appeals under that paragraph, before the appeal is determined\nor otherwise disposed of.\n\nSCHEDULE 3\nTerrorism Law\n\nPage 60\nRevised as at 28th day of February, 2018\nc\n\nPART 4\nMISCELLANEOUS\nVictims\n9.\n(1) A person who claims that any cash detained under this Schedule, or any part of\nit, belongs to him may apply to a summary court for the cash or part to be released to\nhim under this paragraph.\n\n(2)\nThe application may be made in the course of proceedings under paragraph 3 or\n6 or at any other time.\n\n(3)\nWhere it appears to the court concerned that \u2014\n(a)\nthe applicant was deprived of the cash claimed, or of property which it\nrepresents, by criminal conduct;\n(b) the property he was deprived of was not, immediately before he was\ndeprived of it, property obtained by or in return for criminal conduct and\nnor did it then represent such property; and\n(c)\nthe cash claimed belongs to him\nthe court may order the cash to be released to the applicant.\nCompensation\n10. (1) Where a forfeiture order is not made in respect of any cash detained under this\nSchedule, the person to whom the cash belongs or from whom it was seized may make\nan application to the summary court for compensation.\n\n(2) Where, for any period after the initial detention of the cash for forty-eight hours,\nthe cash was not held in an interest-bearing account while detained, the court\nmay order an amount of compensation to be paid to the applicant.\n\n(3) The amount of compensation to be paid under subparagraph (2) is the amount\nthe court thinks would have been earned in interest in the period in question if\nthe cash had been held in an interest-bearing account.\n\n(4) Where the court is satisfied that, taking account of any interest to be paid under\nthis Schedule or any amount to be paid under subparagraph (2), the applicant\nhas suffered loss as a result of the detention of the cash and that the\ncircumstances are exceptional, the court may order compensation or additional\ncompensation to be paid to him.\n\n(5) Where amount of compensation to be paid under subparagraph (4) is the amount\nthe court thinks reasonable, having regard to the loss suffered and any other\nrelevant circumstances.\n\n(6) Any compensation ordered to be paid under this paragraph is to be paid out of\nthe revenue.\n\nTerrorism Law\nSCHEDULE 3\n\nc\nRevised as at 28th day of February, 2018\nPage 61\n\n(7) Where a forfeiture order is made in respect only of a part of any cash detained\nunder this Schedule, this paragraph has effect in relation to the other part.\n\n(8) This paragraph does not apply if the court makes an order under paragraph 9.\n\nPART 5\nPROPERTY EARMARKED AS TERRORIST PROPERTY\nProperty obtained through terrorism\n11. (1) A person obtains property through terrorism if he obtains property by or in return\nfor acts of terrorism or acts carried out for the purposes of terrorism.\n\n(2) In deciding whether any property was obtained through terrorism \u2014\n(a)\nit is immaterial whether or not any money, goods or services were provided\nin order to put the person in question in a position to carry out the acts; and\n(b) it is not necessary to show that the act was of a particular kind if it is shown\nthat the property was obtained though acts of one of a number of kinds,\neach of which would have been an act of terrorism or an act carried out for\nthe purposes of terrorism.\nProperty earmarked as terrorist property\n12. (1) Property obtained through terrorism is earmarked as terrorist property.\n\n(2) Where property obtained through terrorism has been disposed of since it was so\nobtained, it is earmarked as terrorist property only if it is held by a person into\nwhose hands it may be followed.\n\n(3) Property may be followed into the hands of a person obtaining it on a disposal\nby \u2014\n(a)\nthe person who obtained the property through terrorism; or\n(b) a person into whose hands it may under this subparagraph be followed.\nTracing property\n13. (1) Where property obtained through terrorism (\u201cthe original property\u201d) is or has\nbeen earmarked as terrorist property, property which represents the original property\nis also earmarked.\n\n(2) Where a person enters into a transaction by which \u2014\n(a)\nhe disposes of the original property or of property which under this Part\nrepresents the original property; and\n(b) he obtains other property in place of it,\nthe other property represents the original property.\n\nSCHEDULE 3\nTerrorism Law\n\nPage 62\nRevised as at 28th day of February, 2018\nc\n\n(3) Where a person disposes of property which represents the original property, the\nproperty may be followed into the hands of a person who obtains it and it\ncontinues to represent the original property.\nMixing property\n14. (1) Subparagraph (2) applies if a person's property which is earmarked as terrorist\nproperty is mixed with other property whether his property or another's.\n\n(2) The portion of the mixed property which is attributable to the property\nearmarked as terrorist property represents the property obtained through\nterrorism.\n\n(3) Property earmarked as terrorist property is mixed with other property if for\nexample it is used \u2014\n(a)\nto increase funds held in a bank account;\n(b) in part payment for the acquisition of an asset;\n(c)\nfor the restoration or improvement of land; or\n(d) by a person holding a leasehold interest in the property to acquire the\nfreehold.\nAccruing profits\n15. (1) This paragraph applies where a person who has property earmarked as terrorist\nproperty obtains further property consisting of profits accruing in respect of the\nearmarked property.\n(2) The further property is to be treated as representing the property obtained\nthrough terrorism.\nGeneral exceptions\n16. (1) Where \u2014\n(a)\na person disposes of property earmarked as terrorist property; and\n(a) the person who obtains it on the disposal does so in good faith, for value\nand without notice that it was earmarked,\nthe property may not be followed into that person\u2019s hands and, accordingly, it\nceases to be earmarked.\n\n(2) Where \u2014\n(a)\nin pursuance of a judgment in civil proceedings whether in the Islands or\nelsewhere, the defendant makes a payment to the plaintiff or the plaintiff\notherwise obtains property from the defendant;\n(b) the plaintiff's claim is based on the defendant's criminal conduct; and\n(c)\napart from this subparagraph, the sum received, or the property obtained\nby the plaintiff would be earmarked as terrorist property,\n\nTerrorism Law\nSCHEDULE 3\n\nc\nRevised as at 28th day of February, 2018\nPage 63\n\nthe property ceases to be earmarked.\n\n(3) Where \u2014\n(a)\nunder any law in force in the Islands, a payment is made to any person, or\na person otherwise obtains property, in pursuance of a compensation order\nor a restitution order made in respect of loss or injury suffered in\nconsequence of criminal conduct or other misconduct; and\n(b) apart from this subparagraph, the sum received, or the property obtained,\nwould be earmarked as terrorist property,\nthe property ceases to be earmarked.\nPART 6\nEXERCISE OF OFFICERS\u2019 POWERS\nGeneral\n17. An authorised officer may enter any premises for the purposes of exercising any of\nthe functions conferred on him under this Schedule.\n18. An authorised officer may if necessary use reasonable force for the purpose of\nexercising a power conferred on him under this Schedule.\nInformation\n19.  Information acquired by an authorised officer may be supplied \u2014\n(a)\nto a customs officer;\n(b) to a constable;\n(c)\nto a person specified by order of the Governor for use of in a manner\nspecified in the order.\n\nPART 7\nObtaining and disposing of property\n20. (1) References to a person disposing of his property include a reference to his\ndisposing of a part of it or to his granting an interest in it or to both; and references to\nthe property disposed of are references to any property obtained on the disposal.\n\n(2) Where a person grants an interest in property of his which is earmarked as\nterrorist property, the question whether the interest is also earmarked is to be\ndetermined in the same manner as it is on any other disposal of earmarked\nproperty.\n\n(3)A person who makes a payment to another is to be treated as making a disposal of\n\nSCHEDULE 3\nTerrorism Law\n\nPage 64\nRevised as at 28th day of February, 2018\nc\n\nhis property to the other, whatever form the payment takes.\n\n(4) Where a person\u2019s property passes to another under a will or intestacy or by\noperation of law, it is to be treated as disposed of by him to the other.\n\n(5) A person is only to be treated as having obtained his property for value in a case\nwhere he gave unexecuted consideration if the consideration has become\nexecuted consideration.\nDefinitions\n21. (1) In this Schedule \u2014\n\u201cauthorised officer\u201d means a constable, a customs officer or an immigration\nofficer;\n\u201ccriminal conduct\u201d means conduct which constitutes an offence in the Islands\nor would constitute an offence in the Islands if it occurred there;\n\u201cinterest\u201d means -\n(i)\nin relation to land, any legal estate and any equitable interest or\npower, and\n(ii) in relation to property other than land, includes any right (including\na right to possession of the property);\n\u201cproperty obtained through terrorism\u201d has the meaning given by paragraph 11;\nand\n\u201cvalue\u201d means market value.\n\n(2) For the purpose of deciding whether or not property was earmarked as terrorist\nproperty at any time (including times before the commencement of this Law), it\nis to be assumed that this Schedule was in force at that and any other relevant\ntime.\n\n(3) Proceedings against any person for an offence are concluded when -\n(a)\nthe person is convicted or acquitted;\n(b) the prosecution is discontinued; or\n(c)\nthe jury is discharged without a finding.\n\nTerrorism Law\nSCHEDULE 4\n\nc\nRevised as at 28th day of February, 2018\nPage 65\n\nSCHEDULE 4\n(section 30)\nACCOUNT MONITORING ORDERS\nDefinition\n1.\n(1) In this Schedule -\n\u201cfinancial institution\u201d means \u2014\n(a)\na person who carries on a business of taking deposits for which he is\nauthorised under the Banks and Trust Companies Law (2018 Revision) or\nany other law of the Islands;\n(b) a building society within the meaning of the Building Societies Law (2014\nRevision);\n(c)\na credit union within the meaning of the Co-operative Societies Law (2001\nRevision);\n(d) a Savings Bank or a Development Bank established by or under any law\nof the Islands; and\n(e)\na person who carries on an insurance or reinsurance business under the\nInsurance Law, 2010.\n\n(2) The Cabinet may by order provide for a class of person \u2014\n(a)\nto be a financial institution for the purposes of this Schedule; or\n(b) to cease to be a financial institution for the purposes of this Schedule.\n\n(3) An institution which ceases to be a financial institution for the purposes of this\nSchedule whether under subparagraph (2)(b) or otherwise shall continue to be\ntreated as a financial institution for the purposes of any requirement under this\nSchedule to provide information which relates to a time when the institution was\na financial institution.\nAccount monitoring orders\n2.\n(1) A judge, on application made to him by a constable of at least the rank of\ninspector, may make an account monitoring order if he is satisfied that \u2014\n(a)\nthe order is sought for the purposes of a terrorist investigation;\n(b) the tracing of terrorist property is desirable for the purposes of the\ninvestigation; and\n(c)\nthe order will enhance the effectiveness of the investigation.\n\n(2) The application for an account monitoring order shall state that the order is\nsought against the financial institution specified in the application in relation to\ninformation which \u2014\n\nSCHEDULE 4\nTerrorism Law\n\nPage 66\nRevised as at 28th day of February, 2018\nc\n\n(a)\nrelates to an account or accounts held at the institution by the person\nspecified in the application whether solely or jointly with another; and\n(b) is of the description so specified.\n\n(3) The application for an account monitoring order may specify information\nrelating to \u2014\n(a)\nall accounts held by the person specified in the application for the order at\nthe financial institution so specified;\n(b) a particular description, or particular descriptions, of accounts so held; or\n(c)\na particular account, or particular accounts, so held.\n\n(4) An account monitoring order is an order that the financial institution specified\nin the application for the order shall \u2014\n(a)\nfor the period specified in the order,\n(b) in the manner so specified,\n(c)\nat or by the time or times so specified, and\n(d) at the place or places so specified,\nprovide information of the description specified in the application to a constable.\n\n(5) The period stated in an account monitoring order shall not exceed the period of\nninety days beginning with the day on which the order is made.\nApplications\n3.\n(1) An application for an account monitoring order may be made ex parte to a judge\nin Chambers.\n\n(2) The description of information specified in an application for an account\nmonitoring order may be varied by the constable who made the application or\nby any other constable of a rank equal or superior to that constable.\nDischarge or variation\n4.\n(1) An application to discharge or vary an account monitoring order may be made\nto the court by the constable who applied for the order or any other constable or by\nany person affected by the order.\n\n(2) The court may either discharge the order or may vary the order subject such\nconditions as it sees fit.\nRules of court\n5.\nRules of court may make provision as to the practice and procedure to be followed in\nconnection with proceedings relating to account monitoring orders.\nEffect of orders\n\nTerrorism Law\nSCHEDULE 4\n\nc\nRevised as at 28th day of February, 2018\nPage 67\n\n6.\n(1) An account monitoring order has effect in spite of any restriction on the\ndisclosure of information (however imposed).\n\n(2) An institution which fails to comply with an account monitoring order commits\nan offence.\nStatements\n7.\n(1) A statement made by a financial institution in response to an account monitoring\norder may not be used in evidence against it in criminal proceedings.\n\n(2) Subparagraph (1) does not apply \u2014\n(a)\nin the case of proceedings for contempt of court;\n(b) in the case of proceedings under section 25 where the financial institution\nhas been convicted of an offence under sections 19 to 22; or\n(c)\non a prosecution for an offence where, in giving evidence, the financial\ninstitution makes a statement inconsistent with the statement mentioned in\nsubparagraph (1).\n\n(3) A statement may not be used under subparagraph (2)(c) against a financial\ninstitution unless \u2014\n(a)\nevidence relating to it is adduced, or\n(b) a question relating to it is asked,\nby or on behalf of the financial institution in the proceedings arising of the\nprosecution.\nOffence by body corporate, etc.\n8.\n(1) This paragraph applies where an offence under paragraph 6(2) is committed by\nan institution and it is proved that the offence \u2014\n(a)\nwas committed with the consent or connivance of an officer of the\ninstitution; or\n(b) was attributable to neglect on the part of an officer of the institution.\n\n(2) The officer of the institution, as well as the institution, shall be deemed to have\ncommitted the offence.\n\n(3) A person who is convicted of an offence under this paragraph, is liable on\nsummary conviction to a fine of five thousand dollars and to imprisonment for\nsix months.\n\n(4) In the case of an institution which is a body corporate, in this paragraph \u2014\n\n \u201cofficer\u201d includes \u2014\n(a)\na director, manager or secretary;\n\nSCHEDULE 4\nTerrorism Law\n\nPage 68\nRevised as at 28th day of February, 2018\nc\n\n(b) a person purporting to act as a director, manager or secretary, and\n(c)\nif the affairs of the body are managed by its members, a member.\n\n(5) In the case of an institution which is a partnership, in this paragraph \u2014\n\u201cofficer\u201d means a partner.\n\n(6) In the case of an institution which is an unincorporated association (other than a\npartnership), in this paragraph \u201cofficer\u201d means a person concerned in the\nmanagement or control of the association.\nSelf incrimination\n9.\n(1) Customer information provided by a financial institution under this Schedule\nshall not be admissible in evidence in criminal proceedings against the institution or\nany of its officers or employees.\n\n(2) Subparagraph (1) shall not apply in relation to proceedings for an offence under\nparagraph 1(3) including proceedings brought under paragraph 8.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 69\n\nSCHEDULE 4A\n(section 29A)\nFREEZING OF FUNDS, ETC. OF DESIGNATED PERSONS\nPRELIMINARY\nInterpretation\n1.\nIn this Schedule \u2014\n\u201cCaymanian\u201d has the same meaning as in section 2 of the Immigration Law (2015\nRevision);\n\u201cdesignated person\u201d has the meaning given by paragraph 2;\n\u201ceconomic resources\u201d has the meaning given by paragraph 37(2);\n\u201cfinal designation\u201d means a designation under paragraph 3 including any renewed\ndesignation;\n\u201cfinancial services\u201d has the meaning given by paragraph 38;\n\u201cfunds\u201d has the meaning given by paragraph 37(1);\n\u201cgovernment entity\u201d means any body of the Cayman Islands Government and\nincludes a ministry, portfolio, statutory authority, government company, the Office\nof the Complaints Commissioner and the Audit Office;\n\u201cinterim designation\u201d means a designation under paragraph 7;\n\u201crelevant institution\u201d means \u2014\n(a)\nthe Cayman Islands Monetary Authority;\n(b) a body or person who is part of the regulated sector; or\n(c)\na person conducting relevant financial business, as defined in the Proceeds\nof Crime Law (2018 Revision), who is not subject to monitoring by the\nCayman Islands Monetary Authority for compliance with money\nlaundering regulations;\n\u201crelevant Security Council resolutions\u201d means -\n(a) resolution 1267 (1999) adopted by the Security Council of the United\nNations on 15th October, 1999;\n(b) resolution 1373 (2001) adopted by the Security Council of the United\nNations on 28th September, 2001;\n(c) resolution 1452 (2002) adopted by the Security Council of the United\nNations on 20th December, 2002;\n(d) resolution 2178 (2014) adopted by the Security Council of the United\nNations on 24th September, 2014; and\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 70\nRevised as at 28th day of February, 2018\nc\n\n(e) any successor resolutions to the above resolutions adopted by the Security\nCouncil of the United Nations;\n\u201crelevant United Nations Security Council Committee\u201d means \u2014\n(a)\nthe United Nations Security Council Committee pursuant to resolutions\n1267 (1999) 1989 (2011) and 2253 (2015) concerning ISIL (DA\u2019ESH) AlQaida and associated individuals groups undertakings and entities; or\n(b) the United Nations Security Council 1988 Committee concerning the\nTaliban and associated individuals and entities;\n\u201cterrorist activity\u201d has the meaning given by paragraph 3(3); and\n\u201cTreasury\u201d means Her Majesty\u2019s Treasury.\n\nTERRORIST ASSET-FREEZING\nDesignated persons\nIntroductory\nMeaning of \u201cdesignated person\u201d\n2.\nIn this Schedule \u201cdesignated person\u201d means \u2014\n(a)\na person designated by the Governor for the purposes of this Schedule; and\n(b) a person -\n\n(i) listed on the Al-Qaida Sanctions List maintained by the Committee\nestablished by the United Nations Security Council pursuant to\nresolution 1267 (1999) and 1989 (2011) concerning Al-Qaida and\nassociated individuals and entities;\n\n(ii) listed on a list maintained and amended from time to time by the\nCommittee established by the United Nations Security Council\npursuant to resolution 1988 (2011) as being associated with the\nTaliban;\n\n(iii) designated by the Treasury in accordance with the applicable laws in\nthe United Kingdom; and\n\n(iv) included in the list provided by Article 2(3) of Council Regulation\n(EC) 2580\/2001 of 27th of September 2001 on specific restrictive\nmeasures directed against certain persons and entities with a view to\ncombatting terrorism.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 71\n\nProposed listing, delisting and requested action\nListing and delisting procedure\n2A. (1) The Governor may, through the Foreign and Commonwealth Office of the\nUnited Kingdom, propose to any relevant United Nations Security Council\nCommittee, that a person be \u2014\n(a)  listed as a designated person because of the involvement of that\nperson in a terrorist activity; or\n(b) delisted from any list maintained by a relevant United Nations\nSecurity Council Committee, where the Governor believes that\nthe first-mentioned person no longer meets the criteria for\ndesignation.\n\n(2) The Governor shall not make a proposal for a designation under subparagraph\n(1)(a) against a person unless the Governor has reasonable grounds to suspect\nor believe that the person is involved in terrorist activity.\n\n(3) The Governor may establish procedures for the \u2014\n(a) de-listing; and\n(b) unfreezing of funds and other resources, of a person who no\n\nlonger meets the criteria for designation.\n\n(4) The procedures referred to in subsection (3) include the following \u2014\n(a) the submission of a de-listing request to the relevant United\nNations Sanctions Committee;\n(b)    in relation to United Nations Security Council Resolution 1373,\n         allowing, upon request, review of a designation decision before a\n         court or other independent competent authority;\n(c) in relation to designations under United Nations Security Council\nResolution 1988, facilitation of the review by the 1988 Committee;\n(d) in relation to designations on the Al-Qaida Sanctions List, informing\ndesignated persons and entities of the availability of the United Nations\nOffice of the Ombudsman pursuant to United Nations Security Council\nResolutions 1904, 1989, and 2083 to accept de-listing petitions;\n(e) unfreezing of the funds or other assets of a person or entity with\nthe same or similar name as a designated person or entity; and\n(f)\nfacilitation of the review of a designation by the United Nations\nSecurity Council 1988 Committee concerning the Taliban and associated\nindividuals and entities.\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 72\nRevised as at 28th day of February, 2018\nc\n\nFinal designations\nGovernor\u2019s power to make final designation\n3.\n(1) Repealed by section of 5(d)(i) of the Terrorism (Amendment) Law, 2017[Law 48\nof 2017].\n\n(2) The Governor may, after consultation with the Secretary of State, make a final\ndesignation of a person for the purposes of this Schedule \u2014\n(a)\nif he reasonably believes \u2014\n(i)\nthat the person is or has been involved in terrorist activity;\n(ii) that the person is owned or controlled directly or indirectly by a\nperson within subsubsubparagraph (i); or\n(iii) that the person is acting on behalf of or at the direction of a person\nwithin subsubsubparagraph (i); and\n(b) he considers that it is necessary for purposes connected with protecting\nmembers of the public from terrorism that financial restrictions should be\napplied in relation to the person.\n\n(3) For the purposes of this Schedule involvement in terrorist activity means any\none or more of the following \u2014\n(a)\nthe commission, preparation or instigation of acts of terrorism;\n(b) conduct that facilitates the commission, preparation or instigation of such\nacts, or that is intended to do so;\n(c)\nconduct that gives support or assistance to persons who are known or\nbelieved by the person concerned to be involved in conduct falling within\nsubsubparagraph (a) or (b); and\n(d)  attempting any conduct identified in subparagraphs (a) to (c).\n\n(4) It is immaterial whether the acts of terrorism in question are specific acts of\nterrorism, terrorist financing or acts of terrorism generally.\nRequests for designation and other action\n3A. (1) The Governor may make a final designation if the Governor \u2014\n(a)\nhas received a request to make a final designation from an authority\noutside of the Islands which appears to the Governor to have the function\nof making requests to freeze funds and other resources; and\n(b) considers it appropriate in the circumstances to make the final designation.\n(2) The Governor may request another country or territory to give effect to any\naction the Islands have initiated under this Schedule.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 73\n\nCollection and solicitation of information\n3B. The Governor may collect or solicit information to identify persons who meet the\ncriteria for a final designation.\nNotification of final designation\n4.\n(1) Where the Governor makes a final designation of a person, he shall \u2014\n(a)\ngive written notice of the designation to the designated person; and\n(b) cause the designation to be published in accordance with this paragraph.\n\n(2) Unless one or more of the conditions set out in subparagraph (3) is met, the\nGovernor shall cause the designation to be published by notice in the Gazette.\n\n(3) The conditions referred to in subparagraph (2) are that \u2014\n(a)\nthe Governor believes that the designated person is an individual under the\nage of eighteen; or\n(b) the Governor considers that disclosure of the designation should be\nrestricted \u2014\n(i)\nin the interests of national security;\n(ii) for reasons connected with the prevention or detection of serious\ncrime; or\n(iii) in the interests of justice.\n\n(4) If one or more of the conditions in subparagraph (3) is met, the Governor shall\ninform only such persons as he considers necessary; but where the condition no\nlonger exists the Governor shall \u2014\n(a)\ngive written notice of that fact to the designated person; and\n(b) cause the designation to be published by notice in the Gazette.\nDuration of final designation\n5.\n(1) A final designation expires at the end of the period of one year beginning with\nthe date on which it was made, unless it is renewed.\n\n(2) The Governor may, after consultation with the Secretary of State, renew a final\ndesignation at any time before it expires, if the requirements in paragraph 3(1)\nor (2) (a) and (b) continue to be met.\n\n(3) A renewed final designation expires at the end of the period of one year\nbeginning with the date on which it was renewed, or last renewed, unless it is\nrenewed again.\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 74\nRevised as at 28th day of February, 2018\nc\n\n(4) Paragraph 4 applies where a final designation is renewed, or further renewed, as\nin relation to the original making of a final designation.\n\n(5) Where a final designation expires the Governor shall \u2014\n(a)\ngive written notice of that fact to the designated person; and\n(b) take reasonable steps to bring that fact to the attention of the persons\ninformed of the designation.\nVariation or revocation of final designation\n6.\n(1) The Governor may, after consultation with the Secretary of State, vary or revoke\na final designation at any time.\n\n(2) Where a final designation is varied or revoked, the Governor shall \u2014\n(a)\ngive written notice of the variation or revocation to the designated person;\nand\n(b) take reasonable steps to bring the variation or revocation to the attention\nof the persons informed of the designation.\nInterim designations\nGovernor\u2019s power to make interim designation\n7.\n(1) The Governor may, after consultation with the Secretary of State, make an\ninterim designation of a person for the purposes of this Schedule if the United Nations\nSecurity Council has advised that measures should be taken in relation to a person\nbecause of the risks of terrorist activities being carried on by that person.\n\n(2) The Governor may, after consultation with the Secretary of State, also make an\ninterim designation of a person for the purposes of this Schedule if \u2014\n(a)\nhe reasonably suspects \u2014\n(i)\nthat the person is or has been involved in terrorist activity;\n(ii) that the person is owned or controlled directly or indirectly by a\nperson within subsubsubparagraph (i); or\n(iii) that the person is acting on behalf of or at the direction of a person\nwithin subsubsubparagraph (i); and\n(b) he considers that it is necessary for purposes connected with protecting\nmembers of the public from terrorism that financial restrictions should be\napplied in relation to the person.\n\n(3) Paragraph 4(2), (3) and (4) apply for the purposes of this paragraph as they apply\nfor the purposes of that paragraph.\n\n(4) The Governor shall not make more than one interim designation of the same\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 75\n\nperson in relation to the same, or substantially the same, evidence.\nNotification of interim designation\n8.\n(1) Where the Governor makes an interim designation of a person, he shall \u2014\n(a)\ngive written notice of the designation to the designated person; and\n(b) cause the designation to be published in accordance with this paragraph.\n\n(2) Unless one or more of the conditions set out in subparagraph (3) is met, the\nGovernor shall publicise the designation by notice in the Gazette.\n\n(3) The conditions referred to in subparagraph (2) are that \u2014\n(a)\nthe Governor believes that the designated person is an individual under the\nage of eighteen; or\n(b) the Governor considers that disclosure of the designation should be\nrestricted \u2014\n(i)\nin the interests of national security;\n(ii) for reasons connected with the prevention or detection of serious\ncrime; or\n(iii) in the interests of justice.\n\n(4) If one or more of those conditions is met, the Governor shall inform only such\npersons as he considers necessary; but where the condition no longer exists the\nGovernor shall \u2014\n(a)\ngive written notice of that fact to the designated person; and\n(b) cause the designation to be published by notice in the Gazette.\nDuration of interim designation\n9.\n(1) An interim designation expires \u2014\n(a)\nat the end of the period of thirty days beginning with the date on which it\nwas made; or\n(b) on the making of a final designation in relation to the same person,\nwhichever is the earlier.\n\n(2) Where an interim designation expires the Governor shall \u2014\n(a)\ngive written notice of that fact to the designated person; and\n(b) take reasonable steps to bring that fact to the attention of the persons\ninformed of the designation.\n\n(3) Where an interim designation expires on the making of a final designation in\nrelation to the same person \u2014\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 76\nRevised as at 28th day of February, 2018\nc\n\n(a)\na notice under subparagraph (2) may be combined with a notice under\nparagraph 4(1)(a); and\n(b) steps under subparagraph (2) may be combined with steps under paragraph\n4 to publicise the final designation.\nVariation or revocation of interim designation\n10. (1) The Governor may, after consultation with the Secretary of State, vary or revoke\nan interim designation at any time.\n\n(2) Where an interim designation is varied or revoked the Governor shall \u2014\n(a)\ngive written notice of the variation or revocation to the designated person;\nand\n(b) take reasonable steps to bring the variation or revocation to the attention\nof the persons informed of the designation.\nConfidential information\nConfidential information\n11. (1) Where the Governor, in accordance with paragraph 4(4) or 8(4), informs only\ncertain persons of a designation, he may specify that information contained in it is to\nbe treated as confidential.\n\n(2) A person who \u2014\n(a)\nis provided with information that is to be treated as confidential in\naccordance with subparagraph (1); or\n(b) obtains such information,\nshall not, subject to subparagraph (3), disclose it if he knows, or has reasonable\ncause to suspect, that the information is to be treated as confidential.\n\n(3) The prohibition in subparagraph (2) does not apply to any disclosure made by\nthe person with lawful authority.\n\n(4) For the purposes of this paragraph information is disclosed with lawful authority\nif \u2014\n(a)\nthe disclosure is by, or is authorised by, the Governor;\n(b) the disclosure is by, or with the consent of, the designated person;\n(c)\nthe disclosure is necessary to give effect to a requirement imposed under\nor by virtue of this Schedule or any other enactment; or\n(d) the disclosure is required, under rules of court, tribunal rules or a court or\ntribunal order, for the purposes of legal proceedings of any description.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 77\n\n(5) This paragraph does not prevent the disclosure of information that is already, or\nhas previously been, available to the public from other sources.\n\n(6) A person who contravenes the prohibition in subparagraph (2) commits an\noffence.\nPublication of designated persons list\nFinancial Reporting Authority obligations\n11A. (1) The Financial Reporting Authority shall, as soon as is reasonably practicable\nafter a designation is made, communicate that designation through a medium it\nconsiders appropriate, to \u2014\n(a) all relevant institutions; and\n(b) any public sector body or self-regulatory body assigned\n\nresponsibility by Cabinet for monitoring the compliance of a\n\nperson with money laundering regulations where that person \u2014\n(i)\nis conducting a relevant financial business as\ndefined in the Proceeds of Crime Law (2018\nRevision); and\n(ii) is not subject to monitoring for compliance with\nthose regulations by the Cayman Islands Monetary\nAuthority.\n(2)\nThe Financial Reporting Authority shall maintain and make available to the\npublic an updated list of all designated persons.\nProhibitions in relation to designated persons\nFreezing of funds and economic resources\n12. (1) A person shall freeze, without delay and without providing prior notice \u2014\n(a) the funds or economic resources owned, held or controlled by a designated\nperson;\n(b) the funds or economic resources that are wholly or jointly owned or\ncontrolled, directly or indirectly by a designated person;\n(c) the funds or economic resources derived or generated from funds or other\neconomic resources owned or controlled directly or indirectly by a\ndesignated person; and\n(d) the funds or economic resources of a person acting on behalf of or at the\ndirection of a designated person,\nif the first-mentioned person knows, or has reasonable cause to suspect, that the\nfirst mentioned person is dealing with such funds or economic resources.\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 78\nRevised as at 28th day of February, 2018\nc\n\n(2) In subparagraph (1) \u2014\n\n \u201cdealing with\u201d includes \u2014\n(e) in relation to funds, transferring, converting, disposing, moving or using;\nor\n(f) in relation to economic resources, exchanging or using in exchange for\nfunds, goods or services; and\n\u201cfreeze\u201d means to prohibit the transfer, conversion disposition, movement or use\nof any funds or economic resources that are owned or controlled by a designated\nperson.\n\n(3) Subparagraph (1) is subject to paragraphs 16A, 17 and 18.\n\n(4) A person who contravenes the prohibition in subparagraph (1) commits an\noffence.\n(5) A person who, in good faith, freezes the funds or economic resources of a\ndesignated person or refuses to make those funds or economic resources\navailable to a designated person on the basis that such action is in accordance\nwith this Law shall not be held liable for any action to freeze the funds or\neconomic resources unless it is proved that the funds and economic resources\nwere frozen or withheld as a result of the negligence of the first-mentioned\nperson.\n(6) A person who, in good faith, does not freeze the funds or economic resources of\na designated person shall not be held liable if it is proven that the first-mentioned\nperson did not know or had no reasonable cause to suspect that the firstmentioned person\u2019s actions would be in contravention of the freezing obligation.\nMaking funds or financial services available to designated person\n13. (1) A person shall not make funds or financial services or other related services\navailable, directly or indirectly, wholly or jointly to \u2014\n(a)\na designated person;\n(b) an entity owned or controlled, directly or indirectly by a designated person;\nor\n(c)\na person acting on behalf of, or at the direction of, the designated person,\nif the first-mentioned person knows, or has reasonable cause to suspect, that he\nis making the funds or financial services available to the designated person.\n(2) Subparagraph (1) is subject to paragraphs 16A, 17 and 18.\n(3) A person who contravenes the prohibition in subparagraph (1) commits an\noffence.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 79\n\nMaking funds or financial services available for benefit of designated person\n14. (1) A person shall not make funds, financial services or other related services\navailable, directly or indirectly, wholly or jointly for the benefit of  \u2014\n(a)\na designated person;\n(b) an entity owned or controlled, directly or indirectly by a designated person;\nor\n(c)\na person acting on behalf of, or at the direction of, the designated person,\nif the first-mentioned person knows, or has reasonable cause to suspect that the\nfirst-mentioned person is making or will be making the funds, financial services\nor other related services so available.\n\n(2) For the purposes of this paragraph \u2014\n(a)\nfunds are made available for the benefit of a designated person only if that\nperson thereby obtains, or is able to obtain, a significant financial benefit;\nand\n(b) \u201cfinancial benefit\u201d includes the discharge of a financial obligation for\nwhich the designated person is wholly or partly responsible.\n\n(3) Subparagraph (1) is subject to paragraphs 16A, 17 and 18.\n\n(4) A person who contravenes the prohibition in subparagraph (1) commits an\noffence.\nMaking economic resources available to designated person\n15. (1) A person shall not make economic resources available, directly or indirectly,\nwholly or jointly to \u2014\n(a)\na designated person;\n(b) an entity owned or controlled, directly or indirectly by a designated person;\nor\n(c)\na person acting on behalf of, or at the direction of, a designated person,\nif the first-mentioned person knows, or has reasonable cause to suspect that\n(i)  he is making the economic resources so available; and\n(ii) that the designated person is likely to exchange the economic\n      resources, or use them in exchange, for funds, goods or services.\n\n(2) Subparagraph (1) is subject to paragraphs 16A and 18.\n\n(3) A person who contravenes the prohibition in subparagraph (1) commits an\noffence.\nMaking economic resources available for benefit of designated person\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 80\nRevised as at 28th day of February, 2018\nc\n\n16. (1) A person shall not make economic resources available to any other person for\nthe benefit of \u2014\n(a)\na designated person;\n(b) an entity owned or controlled, directly or in directly by a designated\nperson; and\n(c)\na person acting on behalf of, or at the direction of, a designated person,\nif the first-mentioned person knows, or has reasonable cause to suspect, that he\nis making or will be making the economic resources so available.\n\n(2) For the purposes of this paragraph \u2014\n(a)\neconomic resources are made available for the benefit of a designated\nperson only if that person thereby obtains, or is able to obtain, a significant\nfinancial benefit; and\n(b) \u201cfinancial benefit\u201d includes the discharge of a financial obligation for\nwhich the designated person is wholly or partly responsible.\n\n(3) Subparagraph (1) is subject to paragraphs 16A and 18.\n\n(4) A person who contravenes the prohibition in subparagraph (1) commits an\noffence.\nLicences granted outside the Islands\n16A. The prohibitions identified in paragraphs 12 to 16 do not apply to anything done \u2014\n(a)\noutside the Islands; and\n(b)  under the authority of a licence granted in accordance with any provisions\nof the law in force in the place where the prohibited conduct occurred and\nwhich corresponds with the provisions of this Schedule.\nExceptions and licences\nExceptions\n17. (1) The prohibitions in paragraphs 12 to 14 are not contravened by a relevant\ninstitution crediting a frozen account with \u2014\n(a)\ninterest or other earnings due on the account; or\n(b) payments due under contracts, agreements or obligations that were\nconcluded or arose before the account became a frozen account.\n\n(2) The prohibitions in paragraphs 13 and 14 on making funds available do not\nprevent a relevant institution from crediting a frozen account where it receives\nfunds transferred to the account.\n\n(3) A relevant institution shall inform the Governor without delay if it credits a\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 81\n\nfrozen account in accordance with subparagraph (1)(b) or (2).\n\n(4) In this paragraph \u201cfrozen account\u201d means an account with a relevant institution\nwhich is held or controlled, directly or indirectly, by a designated person.\nLicences\n18. (1) The prohibitions in paragraphs 12 to 16 do not apply to anything done under the\nauthority of a licence granted by the Governor.\n\n(2) A licence shall specify the acts authorised by it and may be \u2014\n(a)\ngeneral or granted to a category of persons or to a particular person;\n(b) subject to conditions; and\n(c)\nof indefinite duration or subject to an expiry date.\n\n(3) The Governor \u2014\n(a)\nmay, after consultation with the Secretary of State, grant, vary or revoke,\nat any time, a licence issued in relation to a person who falls within\nparagraph 2(a); and\n(b) may, after consultation with the Treasury, grant, vary or revoke, at any\ntime, a licence issued in relation  to a person who falls within paragraph\n2(b)(iii) and (iv).\n\n(4) On the grant, variation or revocation of a licence, the Governor shall \u2014\n(a)\nin the case of a licence granted to a particular person, give written notice\nof the grant, variation or revocation to that person; and\n(b) in the case of a general licence or a licence granted to a category of persons,\ntake such steps as he considers appropriate to publicise the grant, variation\nor revocation of the licence.\n\n(5) A person commits an offence who, for the purpose of obtaining a licence,\nknowingly or recklessly \u2014\n(a)\nprovides information that is false in a material respect; or\n(b) provides or produces a document that is not what it purports to be.\n\n(6) A person who purports to act under the authority of a licence but who fails to\ncomply with any conditions included in the licence commits an offence.\nCircumventing prohibitions etc.\nCircumventing prohibitions etc.\n19. A person commits an offence who intentionally participates in activities knowing that\nthe object or effect of them is (whether directly or indirectly) \u2014\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 82\nRevised as at 28th day of February, 2018\nc\n\n(a)\nto circumvent any of the prohibitions in paragraphs 12 to 16; or\n(b) to enable or facilitate the contravention of any such prohibition.\nInformation\nInformation for Governor\nReporting obligations of relevant institutions\n20. (1) A relevant institution shall inform the Governor as soon as practicable if \u2014\n(a)\nit knows, or has reasonable cause to suspect, that a person \u2014\n(i)\nis a designated person; or\n(ii) has committed an offence under any provision of paragraphs 12 to\n16; and\n(b) the information or other matter on which the knowledge or suspicion is\nbased came to it in the course of carrying on its business.\n\n(2) Where a relevant institution informs the Governor under subparagraph (1), it\nshall state \u2014\n(a)\nthe information or other matter on which the knowledge or suspicion is\nbased; and\n(b) any information it holds about the person by which the person can be\nidentified.\n\n(3) Subparagraph (4) applies if \u2014\n(a)\na relevant institution informs the Governor under subparagraph (1) that it\nknows, or has reasonable cause to suspect, that a person is a designated\nperson; and\n(b) that person is a customer of the institution.\n\n(4) The relevant institution shall also state the nature and amount or quantity of any\nfunds or economic resources held by it for the customer at the time when it first\nhad the knowledge or suspicion.\n(4A) A relevant institution shall \u2014\n(a)\nreport any action taken in accordance with the prohibitions of this\nSchedule; and\n(b)  report any transaction attempted by a designated person to deal with funds,\neconomic resources or other assets.\n\n(5) A relevant institution that fails to comply with any requirement of subparagraph\n(1), (2) or (4) commits an offence.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 83\n\nPowers to request information\n21. (1) The Governor may request a designated person to provide information\nconcerning \u2014\n(a)\nfunds or economic resources owned, held or controlled by or on behalf of\nthe designated person; or\n(b) any disposal of such funds or economic resources.\n\n(2) The Governor may request a designated person to provide such information as\nthe Governor may reasonably require about expenditure \u2014\n(a)\nby or on behalf of the designated person; or\n(b) for the benefit of the designated person.\n\n(3) The power in subparagraph (1) or (2) is exercisable only where the Governor\nbelieves that it is necessary for the purpose of monitoring compliance with or\ndetecting evasion of this Schedule.\n\n(4) The Governor may request a person acting under a licence referred to in\nparagraph 16A or granted under paragraph 18 to provide information concerning\n\u2014\n(a)\nfunds or economic resources dealt with under the licence; or\n(b) funds, economic resources or financial services made available under the\nlicence.\n\n(5) The Governor may request any person in or resident in the Islands to provide\nsuch information as the Governor may reasonably require in order to \u2014\n(a)\nestablish for the purposes of this Schedule \u2014\n(i)\nthe nature and amount or quantity of any funds or economic resources\nowned, held or controlled by or on behalf of a designated person;\n(ii) the nature and amount or quantity of any funds, economic resources\nor financial services made available directly or indirectly to, or for\nthe benefit of, a designated person; or\n(iii) the nature of any financial transactions entered into by a designated\nperson;\n(b) monitor compliance with or detecting evasion of this Schedule; or\n(c)\nobtain evidence of the commission of an offence under this Schedule.\n\n(6) The Governor may specify the manner in which, and the period within which,\ninformation shall be provided; and if no such period is specified, the information\nwhich has been requested shall be provided within a reasonable time.\n\n(7) A request may include a continuing obligation to keep the Governor informed\nas circumstances change, or on such regular basis as the Governor may specify.\n\n(8) Information requested under this paragraph may relate to any period of time\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 84\nRevised as at 28th day of February, 2018\nc\n\nduring which a person is, or was, a designated person.\n\n(9) Information requested under subparagraph (1)(b), (2) or (5)(a)(iii) may relate to\nany period of time before a person became a designated person, as well as, or\ninstead of, any subsequent period of time.\nProduction of documents\n22. (1) A request under paragraph 21 may include a request to produce specified\ndocuments or documents of a specified description.\n\n(2) Where the Governor requests that documents be produced, he may \u2014\n(a)\ncause copies to be made of, or extracts to be taken from, any document so\nproduced;\n(b) request any person producing a document to give an explanation of it; and\n(c)\nwhere that person is a body corporate, partnership or unincorporated body\nother than a partnership, request any person who is \u2014\n(i)\nin the case of a partnership, a present or past partner or employee of\nthe partnership; or\n(ii) in any other case, a present or past officer or employee of the body\nconcerned,\nto give such an explanation.\n\n(3) Where the Governor requests a designated person or a person acting under a\nlicence referred to in paragraph 16A or granted under paragraph 18 to produce\ndocuments, that person shall \u2014\n(a)\ntake reasonable steps to obtain the documents, if they are not already in\nthe person\u2019s possession or control; and\n(b) keep the documents under the person\u2019s possession or control except for the\npurpose of providing them to the Governor or as the Governor may\notherwise permit.\nFailure to comply with request for information\n23. (1) A person commits an offence who \u2014\n(a)\nwithout reasonable excuse refuses or fails within the time and in the\nmanner specified, (or, if no time has been specified, within a reasonable\ntime) to comply with any request made or requirement under paragraph\n20, 21 or 22;\n(b) knowingly or recklessly gives any information, or produces any document,\nwhich is false in a material particular in response to such a request;\n(c)\nwith intent to evade the provisions of paragraph 20, 21 or 22, destroys,\nmutilates, defaces, conceals or removes any document; or\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 85\n\n(d) otherwise intentionally obstructs the Governor in the exercise of his\npowers under paragraphs 20, 21 and 22.\n\n(2) Where a person is convicted of an offence under this paragraph, the court may\nmake an order requiring that person, within such period as may be specified in\nthe order, to comply with the request.\nDisclosure of information by Governor\nGeneral power to disclose information\n24. (1) The Governor may disclose any information obtained by him in exercise of his\npowers under this Schedule, including any document so obtained and any copy made\nof, or extract taken from, any document so obtained \u2014\n(a)\nto a constable;\n(b) to a public officer;\n(c)\nto the Reporting Authority or the Cayman Islands Monetary Authority;\n(d) for the purpose of giving assistance or co-operation, pursuant to the\nrelevant Security Council resolutions, to \u2014\n(i)\nany organ of the United Nations; or\n(ii) any person in the service of the United Nations or the Government of\nany country;\n(e)\nwith a view to instituting, or otherwise for the purposes of, any\nproceedings \u2014\n(i)\nin the Islands, for an offence under this Schedule; or\n(ii) in the United Kingdom or any British Overseas Territory, for an\noffence under a similar provision in any such jurisdiction; or\n(f)\nwith the consent of a person who, in his own right, is entitled to the\ninformation or to possession of the document, copy or extract, to any third\nparty.\n\n(2) In subparagraph (1)(f) \u201cin his own right\u201d means not merely in the capacity as a\nservant or agent of another person.\nCo-operation with local or international investigations\n25. The Governor shall take such steps as he considers appropriate to co-operate with any\ninvestigation, in the Islands or elsewhere, relating to the funds, economic resources\nor financial transactions of a designated person.\nApplication of provisions\n26. (1) Nothing done under paragraphs 20 to 25 shall be treated as a breach of any\nrestriction imposed by statute or otherwise.\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 86\nRevised as at 28th day of February, 2018\nc\n\n(2) Notwithstanding subparagraph (1), nothing done under paragraphs 20 to 25\nauthorises a disclosure that contravenes the Freedom of Information Law (2018 Revision).\n\n(3) Paragraphs 20 to 25 shall not be considered to require a person who has acted\nas an attorney-at-law for any person to disclose any privileged information in\nhis possession in that capacity.\n\n(4) Paragraphs 20 to 25 do not limit the circumstances in which information may be\ndisclosed apart from those paragraphs.\n\n(5) Paragraphs 20 to 25 do not limit the powers of the Governor to impose\nconditions in connection with the discharge of his functions under paragraph 18.\n\n(6) In this paragraph \u2014\n\u201cinformation\u201d includes documents; and\n\u201cprivileged information\u201d means information with respect to which a claim to\nlegal professional privilege could be maintained in legal proceedings.\nSupplementary provisions\nSupervision of exercise of powers\nAppeal to the court in relation to designations\n27. (1) This paragraph applies to any decision of the Governor \u2014\n(a)\nto make or vary an interim or final designation of a person;\n(b) to renew a final designation of a person; or\n(c)\nnot to vary or revoke an interim or final designation of a person.\n\n(2) The designated person concerned may appeal against any such decision to the\nGrand Court.\n\n(3) On an appeal under subparagraph (2), the court may make such order as it\nconsiders appropriate.\n\n(4) The making of an appeal under this paragraph does not suspend the effect of the\ndecision to which the appeal relates.\nReview of other decisions by the court\n28. (1) This paragraph applies to any decision of the Governor in connection with his\nfunctions under this Schedule other than a decision to which paragraph 27 applies.\n\n(2) Any person affected by a decision to which this paragraph applies may apply to\nthe Grand Court for the decision to be set aside.\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 87\n\n(3) In determining whether the decision should be set aside, the court shall apply\nthe principles applicable on an application for judicial review.\n\n(4) If the court decides that a decision should be set aside it may make any order, or\ngive any relief, as may be made or given in proceedings for judicial review.\nRules of court\n29. The Rules Committee of the Grand Court may make rules in relation to proceedings\non an appeal under paragraph 27 or on a claim arising from any matter to which such\nan appeal relates.\nOffences\nPenalties\n30. (1) A person who commits an offence under paragraph 12, 13, 14, 15, 16 or 19 is\nliable \u2014\n(a)\non conviction on indictment, to a fine or to imprisonment for a term of\nseven years or to both; or\n(b) on summary conviction, to a fine of ten thousand dollars or to term of\nimprisonment of twelve months or to both.\n\n(2) A person who commits an offence under paragraph 11 or 18 is liable \u2014\n(a)\non conviction on indictment, to a fine or imprisonment for a term of two\nyears or to both; or\n(b) on summary conviction, to a fine of ten thousand dollars or to\nimprisonment for a term of one year or to both.\n\n(3) A person who commits an offence under paragraph 20(5) or 23 is liable on\nsummary conviction to a fine of ten thousand dollars or to imprisonment for a\nterm of one year or to both.\nExtra-territorial application of offences\n31. (1) An offence under this Schedule may be committed by conduct wholly or partly\noutside the Islands by \u2014\n(a)\na Caymanian; or\n(b) a body incorporated or constituted under the law of the Islands.\n\n(2) In this paragraph \u201cconduct\u201d includes acts and omissions.\n\n(3) Nothing in this paragraph affects any criminal liability arising otherwise than\nunder this paragraph.\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 88\nRevised as at 28th day of February, 2018\nc\n\nLiability of officers of body corporate etc.\n32. (1) Where an offence under this Schedule committed by a body corporate \u2014\n(a) is committed with the consent or connivance of any director, manager,\nsecretary or other similar officer of the body corporate, or any person who\nwas purporting to act in any such capacity; or\n(b) is attributable to any neglect on the part of any such person,\nthat person as well as the body corporate commits the offence and is liable to be\nproceeded against and punished accordingly.\n\n(2) In subparagraph (1) \u201cdirector\u201d, in relation to a body corporate whose affairs are\nmanaged by its members, means a member of the body corporate.\n\n(3) Subparagraph (1) also applies in relation to a body that is not a body corporate,\nwith the substitution for the reference to a director of the body of a reference \u2014\n(a)\nin the case of a partnership, to a partner; and\n(b) in the case of an unincorporated body other than a partnership \u2014\n(i)\nwhere the body\u2019s affairs are managed by its members, to a member\nof the body; or\n(ii) in any other case, to a member of the governing body.\nJurisdiction to try offences\n33. Where an offence under this Schedule is committed outside the Islands proceedings\nfor the offence may be taken in the Islands and the offence may for all incidental\npurposes be treated as having been committed in the Islands.\nTime limit for proceedings for summary offences\n34. (1) An information relating to an offence under paragraph 20(5) or 23 may be tried\nby a summary court if it is laid \u2014\n(a)\nat any time within three years after the commission of the offence; and\n(b) within twelve months after the date on which evidence sufficient in the\nopinion of the prosecutor to justify the proceedings comes to the\nknowledge of the prosecutor.\n\n(2) For the purposes of this paragraph a certificate of the prosecutor as to the date\non which such evidence as is referred to above came to their notice is conclusive\nevidence.\nConsent to prosecution\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 89\n\n35. (1) Proceedings for an offence under this Schedule may not be instituted except by\nor with the consent of the Director of Public Prosecutions.\n\n(2) Nothing in subparagraph (1) prevents \u2014\n(a)\nthe arrest of a person in respect of an offence under this Schedule; or\n(b) the remand in custody or on bail of a person charged with such an offence.\nProcedure for offences by unincorporated bodies\n36. (1) A fine imposed on an unincorporated body on its conviction of an offence under\nthis Schedule shall be paid out of the funds of the body.\n\n(2) If it is alleged that an offence under this Schedule has been committed by an\nunincorporated body, as opposed to by a member of the body \u2014\n(a)\nproceedings for the offence shall be brought in the name of the body; and\n(b) for the purposes of such proceedings any rules of court relating to the\nservice of documents have effect as if the body were a body corporate.\nInterpretation\nMeaning of \u201cfunds\u201d and \u201ceconomic resources\u201d\n37. (1) In this Schedule, \u201cfunds\u201d means financial assets and benefits of every kind,\nwhether from a legitimate or illegitimate source, including \u2014\n(a)\ncash, cheques, claims on money, drafts, money orders and other payment\ninstruments;\n(b) deposits with relevant institutions or other persons, balances on accounts,\ndebts and debt obligations;\n(c)\npublicly and privately traded securities and debt instruments, including\nstocks and shares, certificates representing securities, bonds, notes,\nwarrants, debentures and derivative products;\n(d) interest, dividends and other income on or value accruing from or\ngenerated by assets;\n(e)\ncredit, rights of set-off, guarantees, performance bonds and other financial\ncommitments;\n(f)\nletters of credit, bills of lading and bills of sale;\n(g) documents providing evidence of an interest in funds or financial\nresources; and\n(h) any other instrument of export financing.\n\n(2) In this Schedule, \u201ceconomic resources\u201d means assets of every kind, whether\nfrom a legitimate or illegitimate source and whether tangible or intangible,\nmovable or immovable, which are not funds but can be used to obtain funds,\n\nSCHEDULE 4A\nTerrorism Law\n\nPage 90\nRevised as at 28th day of February, 2018\nc\n\ngoods or services.\nMeaning of \u201cfinancial services\u201d\n38. In this Schedule, \u201cfinancial services\u201d means services provided by the regulated sector.\nMiscellaneous\nService of notices\n39. (1) Where a notice is required to be given to a person by the Governor under this\nSchedule, the notice may be given \u2014\n(a)\nby posting it to the person\u2019s last known address; or\n(b) where the person is a body corporate, partnership or unincorporated body\nother than a partnership, by posting it to the registered or principal office\nof the body or partnership concerned.\n\n(2) Where the Governor does not have an address for the person, he shall cause\narrangements to be made for the notice to be given to the person at the first\navailable opportunity.\nApplication\n40. (1) This Schedule binds government entities.\n\n(2) A contravention by a government entity of a provision of this Schedule shall not\nmake the government entity criminally liable.\n\n(3) The Grand Court may, on the application of a person appearing to the court to\nhave an interest, declare unlawful any act or omission of the government entity\nthat constitutes a contravention of a provision of this Schedule.\nPower to repeal Schedule\n41. (1) If the Security Council of the United Nations takes any decision that has the\neffect of terminating, permanently and without replacement, the operation of the\nrelevant Security Council resolutions, in whole or in part, the Governor shall take\nsteps to repeal the order and shall, through the office of the Deputy Governor, cause\nto be laid before the Legislative Assembly a draft order repealing this Schedule, in\nwhole or in part, in accordance with the decision.\n\n(2) Any order under subparagraph (1) \u2014\n(a)\nmay contain such incidental, consequential, supplementary, transitional,\ntransitory or saving provision as the Cabinet considers appropriate,\nincluding provision amending or repealing any enactment, whether in this\nSchedule or elsewhere;\n\nTerrorism Law\nSCHEDULE 4A\n\nc\nRevised as at 28th day of February, 2018\nPage 91\n\n(b) shall be made by statutory instrument; and\n(c)\nshall not be made unless the draft is approved by a resolution of the\nLegislative Assembly.\n\nSCHEDULE 5\nTerrorism Law\n\nPage 92\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE 5\n(section 41)\nTERRORIST INVESTIGATIONS: INFORMATION\nPART I\nSearches\n1.\n(1) A constable of at least the rank of inspector may apply to a Justice of the Peace\nfor the issue of a warrant under this paragraph for the purposes of a terrorist\ninvestigation.\n\n(2) A warrant under this paragraph shall authorise the constable \u2014\n(a)\nto enter the premises specified in the warrant;\n(b) to search the premises and any person found there; and\n(c)\nto seize and retain any relevant material which is found on a search under\nsubsubparagraph (b).\n\n(3) For the purpose of subparagraph (2)(c) material is relevant if the constable has\nreasonable grounds for believing that \u2014\n(a)\nit is likely to be of substantial value, whether by itself or together with\nother material, to a terrorist investigation, and\n(b) it must be seized in order to prevent it from being concealed, lost,\ndamaged, altered or destroyed.\n\n(4) A warrant under this paragraph shall not authorise \u2014\n(a)\nthe seizure and retention of items subject to legal privilege, or\n(b) the constable to require a person to remove any clothing in public except\nfor headgear, footwear, an outer coat, a jacket or gloves.\n\n(5) Subject to paragraph 2, a Justice may grant an application under this paragraph\nif satisfied \u2014\n(a)\nthat the warrant is sought for the purposes of a terrorist investigation;\n(b) that there are reasonable grounds for believing that there is material on\npremises specified in the application which is likely to be of substantial\nvalue, whether by itself or together with other material, to a terrorist\ninvestigation and which does not consist of or include excepted material\nwithin the meaning of paragraph 4; and\n(c)\nthat the issue of a warrant is likely to be necessary in the circumstances of\nthe case.\n2.\n(1) This paragraph applies where an application is made under paragraph 1 and \u2014\n\nTerrorism Law\nSCHEDULE 5\n\nc\nRevised as at 28th day of February, 2018\nPage 93\n\n(a)\nthe application is made by a constable of at least the rank of inspector;\n(b) the application does not relate to residential premises; and\n(c)\nthe justice to whom the application is made is not satisfied of the matter\nreferred to in paragraph 1(5)(c).\n\n(2) The Justice may grant the application if satisfied of the matters referred to in\nparagraph 1(5)(a) and (b).\n\n(3) Where a warrant under paragraph 1 is issued under this paragraph, the powers\nunder paragraph 1(2)(a) and (b) are exercisable only within the period of twentyfour hours beginning with the time when the warrant is issued.\n\n(4) In subparagraph (1) \u2014\n\u201cresidential premises\u201d means any premises which the officer making the\napplication has reasonable grounds for believing are used wholly or mainly as a\ndwelling.\n3.\n(1) Subject to subparagraph (2), a constable of at least the rank of inspector may by\na written authority signed by him authorise a search of specified premises which are\nwholly or partly within a cordoned area.\n\n(2) A constable who is not of the rank required by subparagraph (1) may give an\nauthorisation under this paragraph if he considers it necessary by reason of\nurgency.\n\n(3) An authorisation under this paragraph shall authorise any constable \u2014\n(a)\nto enter the premises specified in the authority;\n(b) to search the premises and any person found there; and\n(c)\nto seize and retain any relevant material within the meaning of paragraph\n1(3) which is found on a search under subsubparagraph (b).\n\n(4) The powers under subparagraph (3)(a) and (b) may be exercised \u2014\n(a)\non one or more occasions; and\n(b) at any time during the period when the designation of the cordoned area\nunder section 37 has effect.\n\n(5) An authorisation under this paragraph shall not authorise \u2014\n(a)\nthe seizure and retention of items subject to legal privilege; nor\n(b) the constable to require a person to remove any clothing in public except\nfor headgear, footwear, an outer coat, a jacket or gloves.\n\n(6) An authorisation under this paragraph shall not be given unless the person giving\nit has reasonable grounds for believing that there is material to be found on the\npremises which \u2014\n\nSCHEDULE 5\nTerrorism Law\n\nPage 94\nRevised as at 28th day of February, 2018\nc\n\n(a)\nis likely to be of substantial value, whether by itself or together with other\nmaterial, to a terrorist investigation; and\n(b) does not consist of or include excepted material.\n\n (7) A person commits an offence if he wilfully obstructs a search under this\nparagraph.\n\n(8) A person who commits an offence under subparagraph (7) is liable on summary\nconviction to a fine of three thousand dollars and to imprisonment for three\nmonths.\nExcepted material\n4.\n(1) In this Schedule \u2014\n\u201cexcepted material\u201d includes \u2014\n\u201cexcluded material\u201d, \u201cspecial procedure material\u201d and \u201citems subject to legal privilege;\n\u201cexcluded material\u201d means \u2014\n(a)\npersonal records which a person has acquired or created in the course\nof any trade, business, profession or other occupation or for the\npurposes of any paid or unpaid office and which he holds in\nconfidence;\n(b) human tissue or tissue fluid which has been taken for the purposes of\ndiagnosis or medical treatment and which a person holds in\nconfidence; and\n(c)\njournalistic material which a person holds in confidence and which\nconsists of documents and of records other than documents; and\n\u201citems subject to legal privilege\u201d means \u2014\n(a)\ncommunications between a professional legal adviser and his client or any\nperson representing his client made in connection with the giving of legal\nadvice to the client;\n(b) communications between a professional legal adviser and his client or any\nperson representing his client or between such an adviser or his client or\nany such representative and any other person made in connection with or\nin contemplation of legal proceedings and for the purposes of such\nproceedings; and\n(c)\nitems enclosed with or referred to in such communications and made \u2014\n(i)\nin connection with the giving of legal advice; or\n(ii) in connection with or in contemplation of legal proceedings and for\nthe purposes of such proceedings,\nwhen they are in the possession of a person who is entitled to possession of them.\n\nTerrorism Law\nSCHEDULE 5\n\nc\nRevised as at 28th day of February, 2018\nPage 95\n\n\u201cspecial procedure material\u201d means -\n(a)\nmaterial, other than items subject to legal privilege and excluded material,\nin the possession of a person who -\n(i)\nacquired or created it in the course of trade, business, profession or\nother occupation or for the purpose of any paid or unpaid office; and\n(ii) holds it subject -\n(A) to an express or implied undertaking to hold it in confidence; or\n(B) to a restriction on disclosure or an obligation of secrecy\ncontained in any enactment including an enactment passed after\nthis Law; and\n(b) journalistic material, other than excluded material.\n\n(2) A person holds material other than journalistic material in confidence if he holds\nit subject \u2014\n(a)\nto an express or implied undertaking to hold it in confidence; or\n(b) to a restriction on disclosure or an obligation of secrecy contained in any\nenactment, including an enactment passed after this Law.\n\n(3) A person holds journalistic material in confidence where \u2014\n(a)\nhe holds it subject to such an undertaking, restriction or obligation; and\n(b) it has been continuously held by one or more persons subject to such an\nundertaking, restriction or obligation since it was first acquired or created\nfor the purposes of journalism.\n\n(4) Where material is acquired \u2014\n(a)\nby an employee from his employer and in the course of employment; or\n(b) by a company from an associated company,\nit is only special procedure material if it was special procedure material\nimmediately before the acquisition.\n\n(5) Where material is created by an employee in the course of his employment it is\nonly special procedure material if it would have been special procedure had his\nemployer created it.\n\n(6) Where material is created by a company on behalf of an associated company, it\nis only special procedure material if it would have been special procedure\nmaterial had the associated company created it.\nExcluded and special procedure material: production and access\n5.\n(1) A constable of at least the rank of inspector may apply to a magistrate for an\norder under this paragraph for the purposes of a terrorist investigation.\n\n(2) An application for an order shall relate to particular material, or material of a\n\nSCHEDULE 5\nTerrorism Law\n\nPage 96\nRevised as at 28th day of February, 2018\nc\n\nparticular description, which consists of or includes excluded material or special procedure\nmaterial.\n\n(3) An order under this paragraph may require a specified person \u2014\n(a)\nto produce to a constable within a specified period for seizure and retention\nany material which he has in his possession, custody or power and to which\nthe application relates;\n(b) to give a constable access to any material of the kind mentioned in\nsubsubparagraph (a) within a specified period; or\n(c)\nto state to the best of his knowledge and belief the location of material to\nwhich the application relates if it is not in, and it will not come into, his\npossession, custody or power within the period specified under\nsubsubparagraph (a) or (b).\n\n(4) For the purposes of this paragraph \u2014\n(a)\nan order may specify a person only if he appears to the magistrate to have\nin his possession, custody or power any of the material to which the\napplication relates; and\n(b) a period specified in an order shall be the period of seven days beginning\nwith the date of the order unless it appears to the magistrate that a different\nperiod would be appropriate in the particular circumstances of the\napplication.\n\n(5) Where a magistrate makes an order under subparagraph (3)(b) in relation to\nmaterial on any premises, he may, on the application of a constable of at least\nthe rank of inspector, order any person who appears to the magistrate to be\nentitled to grant entry to the premises to allow the constable to enter the premises\nto obtain access to the material.\n6.\n(1) A magistrate may grant an application under paragraph 5 if satisfied \u2014\n(a)\nthat the material to which the application relates consists of or includes\nexcluded material or special procedure material;\n(b) that it does not include items subject to legal privilege; and\n(c)\nthat the conditions in subparagraphs (2) and (3) are satisfied in respect of\nthat material.\n\n(2) The first condition is that \u2014\n(a)\nthe order is sought for the purposes of a terrorist investigation; and\n(b) there are reasonable grounds for believing that the material is likely to be\nof substantial value, whether by itself or together with other material, to a\nterrorist investigation.\n\n(3) The second condition is that there are reasonable grounds for believing that it is\nin the public interest that the material should be produced or that access to it\n\nTerrorism Law\nSCHEDULE 5\n\nc\nRevised as at 28th day of February, 2018\nPage 97\n\nshould be given having regard \u2014\n(a)\nto the benefit likely to accrue to a terrorist investigation if the material is\nobtained, and\n(b) to the circumstances under which the person concerned has any of the\nmaterial in his possession, custody or power.\n7.\n(1) An order under paragraph 5 may be made in relation to \u2014\n(a)\nmaterial consisting of or including excluded or special procedure material\nwhich is expected to come into existence within the period of twenty-eight\ndays beginning with the date of the order; and\n(b) a person whom the magistrate thinks is likely to have any of the material\nto which the application relates in his possession, custody or power within\nthat period.\n\n(2) Where an order is made under paragraph 5 under this paragraph, paragraph 5(3)\nshall apply with the following modifications \u2014\n(a)\nthe order shall require the specified person to notify a named constable as\nsoon as is reasonably practicable after any material to which the\napplication relates comes into his possession, custody or power;\n(b) the reference in paragraph 5(3)(a) to material which the specified person\nhas in his possession, custody or power shall be taken as a reference to the\nmaterial referred to in subsubparagraph (a) which comes into his\npossession, custody or power; and\n(c)\nthe reference in paragraph 5(3) (c) to the specified period shall be taken as\na reference to the period of twenty-eight days beginning with the date of\nthe order.\n\n(3) Where an order is made under paragraph 5, under this paragraph, paragraph 5(4)\nshall not apply and the order \u2014\n(a)\nmay only specify a person falling within subparagraph (1)(b), and\n(b) shall specify the period of seven days beginning with the date of\nnotification required under subparagraph (2)(a) unless it appears to the\nmagistrate that a different period would be appropriate in the particular\ncircumstances of the application.\n8.\n(1) An order under paragraph 5 \u2014\n(a)\nshall not confer any right to production of, or access to, items subject to\nlegal privilege, and\n(b) shall have effect notwithstanding any restriction on the disclosure of\ninformation imposed by statute or otherwise.\n\n(2) Where the material to which an application under paragraph 5 relates consists\n\nSCHEDULE 5\nTerrorism Law\n\nPage 98\nRevised as at 28th day of February, 2018\nc\n\nof information contained in a computer \u2014\n(a)\nan order under paragraph 5(3)(a) shall have effect as an order to produce\nthe material in a form in which it can be taken away and in which it is\nvisible and legible, and\n(b) an order under paragraph 5(3)(b) shall have effect as an order to give\naccess to the material in a form in which it is visible and legible.\n9.\n(1) An order under paragraph 5 may be made in relation to material in the\npossession, custody or power of a government department.\n\n(2) Where an order is made under subparagraph (1) \u2014\n(a)\nit shall be served as if the proceedings were civil proceedings against the\ndepartment; and\n(b) it may require any officer of the department, whether named in the order\nor not, who may for the time being have in his possession, custody or\npower the material concerned, to comply with the order.\n10. (1) An order of a magistrate under paragraph 5 shall have effect as if it were an\norder of the court.\n\n(2) Grand Court Rules may make provision for proceedings relating to an order\nunder paragraph 5 and in particular, the rules may make provision with respect\nto the variation or discharge of an order.\nExcluded or special procedure material: search\n11. (1) A constable of at least the rank of inspector may apply to a magistrate for the\nissue of a warrant under this paragraph for the purposes of a terrorist investigation.\n\n(2) A warrant under this paragraph shall authorise the constable \u2014\n(a)\nto enter the premises specified in the warrant;\n(b) to search the premises and any person found there; and\n(c)\nto seize and retain any relevant material which is found on a search under\nsubsubparagraph (b).\n\n(3) A warrant under this paragraph shall not authorise \u2014\n(a)\nthe seizure and retention of items subject to legal privilege; or\n(b) a constable to require a person to remove any clothing in public except for\nheadgear, footwear, an outer coat, a jacket or gloves.\n\n(4) For the purpose of subparagraph (2)(c), material is relevant if the constable has\nreasonable grounds to believe that it is likely to be of substantial value, whether\nby itself or together with other material, to a terrorist investigation.\n\nTerrorism Law\nSCHEDULE 5\n\nc\nRevised as at 28th day of February, 2018\nPage 99\n\n12. (1) A magistrate may grant an application under paragraph 11 if satisfied that an\norder made under paragraph 5 in relation to material on the premises specified in the\napplication has not been complied with.\n\n(2) A magistrate may also grant an application under paragraph 11 if satisfied that\nthere are reasonable grounds for believing that \u2014\n(a)\nthere is material on premises specified in the application which consists of\nor includes excluded material or special procedure material but does not\ninclude items subject to legal privilege; and\n(b) the conditions in subparagraphs (3) and (4) are satisfied.\n\n(3) The first condition is that  \u2014\n(a)\nthe warrant is sought for the purposes of a terrorist investigation; and\n(b) the material is likely to be of substantial value, whether by itself or together\nwith other material, to a terrorist investigation.\n\n(4) The second condition is that it is not appropriate to make an order under\nparagraph 5 in relation to the material because \u2014\n(a)\nit is not practicable to communicate with any person entitled to produce\nthe material;\n(b) it is not practicable to communicate with any person entitled to grant\naccess to the material or entitled to grant entry to the premises on which\nthe material is situated; or\n(c)\na terrorist investigation may be seriously prejudiced unless a constable can\nsecure immediate access to the material.\nExplanations\n13. (1) A constable of at least the rank of inspector may apply to a magistrate for an\norder under this paragraph requiring any person specified in the order to provide an\nexplanation of any material \u2014\n(a)\nseized in pursuance of a warrant under paragraph 1 or 11, or\n(b) produced or made available to a constable under paragraph 5.\n\n(2) An order under this paragraph shall not require any person to disclose any\ninformation which he would be entitled to refuse to disclose on grounds of legal\nprofessional privilege in proceedings in the court; but an attorney-at-law may be\nrequired to provide the name and address of his client.\n\n(3) A statement by a person in response to a requirement imposed by an order under\nthis paragraph \u2014\n(a)\nmay be made orally or in writing; and\n\nSCHEDULE 5\nTerrorism Law\n\nPage 100\nRevised as at 28th day of February, 2018\nc\n\n(b) may be used in evidence against him only on a prosecution for an offence\nunder paragraph 14.\n\n(4) Paragraph 10 shall apply to orders under this paragraph as it applies to orders\nunder paragraph 5.\n14. (1) A person commits an offence if, in purported compliance with an order under\nparagraph 13, he \u2014\n(a)\nmakes a statement which he knows to be false or misleading in a material\nparticular, or\n(b) recklessly makes a statement which is false or misleading in a material\nparticular.\n\n(2) A person who commits an offence under subparagraph (1) is liable \u2014\n(a)\non summary conviction, to a fine of four thousand dollars and to\nimprisonment for six months; or\n(b) on conviction on indictment, to a fine and to imprisonment for two years.\nUrgent cases\n15. (1) A constable of at least the rank of inspector of at least the rank of inspector may,\nby a written order signed by him, give to any constable the authority which may be\ngiven by a search warrant under paragraph 1 or 11.\n\n(2) An order shall not be made under this paragraph unless the officer has\nreasonable grounds for believing -\n(a)\nthat the case is one of great emergency; and\n(b) that immediate action is necessary.\n\n(3) Where an order is made under this paragraph particulars of the case shall be\nnotified as soon as is reasonably practicable to the Director of Public\nProsecutions.\n\n(4) A person commits an offence if he wilfully obstructs a search under this\nparagraph.\n\n(5) A person who commits an offence under subparagraph (4) is liable on summary\nconviction to imprisonment for three months and to a fine of four thousand\ndollars.\n16. (1) Where a constable of at least the rank of inspector has reasonable grounds for\nbelieving that the case is one of great emergency he may by a written notice signed\nby him require any person specified in the notice to provide an explanation of any\nmaterial seized in pursuance of an order under paragraph 15.\n\n(2)  Subparagraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice\n\nTerrorism Law\nSCHEDULE 5\n\nc\nRevised as at 28th day of February, 2018\nPage 101\n\nunder this paragraph as they apply to an order under paragraph 13.\n\n(3) A person commits an offence if he fails to comply with a notice under this\nparagraph.\n\n(4) A person who commits an offence under subparagraph (3) is liable on summary\nconviction to imprisonment for six months and to a fine of four thousand dollars.\n\nSCHEDULE 6\nTerrorism Law\n\nPage 102\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE 6\n(section 44)\nDETENTION\nPART I\nTREATMENT OF PERSONS DETAINED UNDER SECTION 44\nPlace of Detention\n1.\n(1) The Cabinet shall designate places at which persons may be detained under\nsection 44.\n\n(2) In this Schedule a reference to a police station includes a reference to any place\nwhich the Cabinet has designated under subparagraph (1) as a place where a\nperson may be detained under section 44.\n\n(3) A constable who arrests a person under section 44 shall take that person as soon\nas is reasonably practicable to the police station which the constable considers\nthe most appropriate.\nIdentification\n2.\n(1) An authorised person may take any steps which are reasonably necessary for\nphotographing the detained person, measuring him or identifying him.\n\n(2) In subparagraph (1) \u2014\n\n \u201cauthorised person\u201d means any of the following \u2014\n(a)\na constable;\n(b) a prison officer; or\n(c)\na person authorised by the Commissioner of Police.\n\n(3) This paragraph does not confer the power to take fingerprints, non-intimate\nsamples or intimate samples within the meaning given by paragraph 15.\nAudio and video recording of interviews\n3.\n(1) The Cabinet shall \u2014\n(a)\nissue a code of practice with respect to the audio recording of interviews\nto which this paragraph applies; and\n(b) make an order requiring the audio recording of interviews to which this\nparagraph applies in accordance with any relevant code of practice under\nsubsubparagraph (a).\n\n(2) The Cabinet may make an order requiring the video recording of interviews to\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 103\n\nwhich this paragraph applies.\n\n(3) An order under subparagraph (2) shall specify whether the video recording\nwhich it requires is to be silent or with sound.\n\n(4) Where an order is made under subparagraph (2)  \u2014\n(a)\nthe Cabinet shall issue a code of practice relating to the video recording of\ninterviews to which the order applies; and\n(b) the order shall require the interviews to be video recorded in accordance\nwith any relevant code of practice under subsub-paragraph (a).\n\n(5) Where the Cabinet has made an order under sub-paragraph (2) requiring certain\ninterviews to be video recorded with sound he need not make an order under\nsubparagraph (1)(b) in relation to those interviews but he may do so.\n\n(6) This paragraph applies to any interview by a constable of a person detained\nunder section 44 if the interview takes place in a police station.\n4.\n(1) This paragraph applies to a code of practice under paragraph 3.\n\n(2) Where the Cabinet proposes to issue a code of practice he shall \u2014\n(a)\npublish a draft;\n(b) consider any representations made to him about the draft; and\n(c)\nif it thinks appropriate, modify the draft in the light of any representations\nmade to it.\n\n(3) The Deputy Governor shall lay a draft of the code before the Legislative\nAssembly and shall thereafter bring it into operation by order.\n\n(4) The Cabinet may revise a code and issue the revised code; and subparagraphs\n(2) to (4) shall apply to a revised code as they apply to an original code.\n\n(5) The failure by a constable to observe a provision of a code shall not of itself\nmake him liable to criminal or civil proceedings.\n\n(6) A code  \u2014\n(a)\nshall be admissible in evidence in criminal and civil proceedings; and\n(b) shall be taken into account by a court or tribunal in any case in which it\nappears to the court or tribunal to be relevant.\nStatus\n5.\nA detained person shall be deemed to be in legal custody throughout the period of his\ndetention.\n\nSCHEDULE 6\nTerrorism Law\n\nPage 104\nRevised as at 28th day of February, 2018\nc\n\nRights\n6.\n(1) Subject to paragraph 8, a person detained under section 44 at a police station in\nthe Islands shall be entitled, if he so requests, to have one named person informed as\nsoon as is reasonably practicable that he is being detained there.\n\n(2) Where a detained person is transferred from one police station to another, he\nshall be entitled to exercise the right under this paragraph in respect of the police\nstation to which he is transferred.\n7.\n(1) Subject to paragraphs 8 and 9, a person detained under section 44 at a police\nstation in the Islands shall be entitled, if he so requests, to consult an attorney-at-law\nas soon as is reasonably practicable, privately and at any time.\n\n(2) Where a request is made under subparagraph (1), the request and the time at\nwhich it was made shall be recorded.\n8.\n(1) Subject to subparagraph (2), a constable of at least the rank of inspector may\nauthorise a delay \u2014\n(a)\nin informing the person named by a detained person under paragraph 6; or\n(b) in permitting a detained person to consult an attorney-at-law under\nparagraph 7.\n\n(2) Where the person is detained under section 44 he must be permitted to exercise\nhis rights under paragraphs 6 and 7 before the end of the period mentioned in\nsection 44 (3).\n\n(3) Subject to subparagraph (5), an constable may give an authorisation under\nsubparagraph (1) only if he has reasonable grounds for believing  \u2014\n(a)\nin the case of an authorisation under subparagraph (1)(a), that informing\nthe named person of the detained person\u2019s detention will have any of the\nconsequences specified in subparagraph (4), or\n(b) in the case of an authorisation under subparagraph (1)(b), that the exercise\nof the right under paragraph 7 at the time when the detained person desires\nto exercise it will have any of the consequences specified in subparagraph\n(4).\n\n(4) The consequences referred to in subparagraph (3) are  \u2014\n(a)\ninterference with or harm to evidence of a serious arrestable offence;\n(b) interference with or physical injury to any person;\n(c)\nthe alerting of persons who are suspected of having committed a serious\narrestable offence but who have not been arrested for it;\n(d) the hindering of the recovery of property obtained as a result of a serious\narrestable offence or in respect of which a forfeiture order could be made\nunder section twenty-eight;\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 105\n\n(e)\ninterference with the gathering of information relating to the commission,\npreparation or instigation of acts of terrorism;\n(f)\nthe alerting of a person and thereby making it more difficult to prevent an\nact of terrorism; and\n(g) the alerting of a person and thereby making it more difficult to secure a\nperson\u2019s apprehension, prosecution or conviction in connection with the\ncommission, preparation or instigation of an act of terrorism.\n\n(5) Where an authorisation under subparagraph (1) is given orally, the person giving\nit shall confirm it in writing as soon as is reasonably practicable.\n\n(6) Where an authorisation under subparagraph (1) is given  \u2014\n(a)\nthe detained person shall be told the reason for the delay as soon as is\nreasonably practicable; and\n(b) the reason shall be recorded as soon as is reasonably practicable.\n\n(7) Where the reason for authorising delay ceases to subsist there may be no further\ndelay in permitting the exercise of the right in the absence of a further\nauthorisation under subparagraph (1)\n\n(8) In this paragraph \u2014\n\n \u201cserious arrestable offence\u201d includes \u2014\n(a)\nan offence under any of the provisions mentioned in section 43(1)(a); and\n(b) an attempt or conspiracy to commit an offence under any of the provisions\nmentioned in section 43(1)(a).\n9.\n(1) A direction under this paragraph may provide that a detained person who wishes\nto exercise the right under paragraph 7 may consult an attorney-at-law only in the\nsight and hearing of a qualified officer.\n\n(2) A direction under this paragraph may be given by a constable of at least the rank\nof inspector.\n\n(3) A direction under this paragraph may be given only if the constable giving it has\nreasonable grounds for believing that, unless the direction is given, the exercise\nof the right by the detained person will have any of the consequences specified\nin paragraph 8(4).\n\n(4) In this paragraph \u2014\n\n \u201ca qualified officer\u201d means a constable who \u2014\n(a)\nis of at least the rank of inspector; and\n(b) in the opinion of the constable giving the direction, has no connection with\nthe detained person\u2019s case.\n\n(5) A direction under this paragraph shall cease to have effect once the reason for\n\nSCHEDULE 6\nTerrorism Law\n\nPage 106\nRevised as at 28th day of February, 2018\nc\n\ngiving it ceases to subsist.\n10. (1) This paragraph applies where a person is detained in the Islands under section\n44.\n\n(2) Fingerprints may be taken from the detained person only if they are taken by a\nconstable with the appropriate consent given in writing or without that consent\nunder subparagraph (4).\n\n(3) A non-intimate sample may be taken from the detained person only if it is taken\nby a constable \u2014\n(a)\nwith the appropriate consent given in writing; or\n(b) without that consent under subparagraph (4).\n\n(4) Fingerprints or a non-intimate sample may be taken from the detained person\nwithout the appropriate consent only if he is detained at a police station and a\nconstable of at least the rank of inspector authorises the fingerprints or sample\nto be taken.\n\n(5) An intimate sample may be taken from the detained person only if \u2014\n(a)\nhe is detained at a police station;\n(b) the appropriate consent is given in writing;\n(c)\na constable of at least the rank of inspector authorises the sample to be\ntaken; and\n(d) subject to paragraph 13(2) and (3), the sample is taken by a constable.\n\n(6) An constable may give an authorisation under subparagraph (4)(a) or (5)(c) only\nif \u2014\n(a)\nin the case of a person detained under section 44, the constable reasonably\nsuspects that the person has been involved in an offence under any of the\nprovisions mentioned in section 43(1)(a), and the constable reasonably\nbelieves that the fingerprints or sample will tend to confirm or disprove his\ninvolvement, or\n(b) in any case, the constable is satisfied that the taking of the fingerprints or\nsample from the person is necessary in order to assist in determining\nwhether he falls within section 43(1)(b).\n\n(7) If an authorisation under subparagraph (4)(a) or (5)(c) is given orally, the person\ngiving it shall confirm it in writing as soon as is reasonably practicable.\n11. (1) Before fingerprints or a sample are taken from a person under paragraph 10, he\nshall be informed \u2014\n(a)\nthat the fingerprints or sample may be used for the purposes of paragraph\n14(4) and section 25 of the Police Law (2017 Revision); and\n2017 Revision\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 107\n\n(b) where the fingerprints or sample are to be taken under paragraph 10(2)(a),\n(3)(a) or (5)(b), of the reason for taking the fingerprints or sample.\n\n(2) Before fingerprints or a sample are taken from a person upon an authorisation\ngiven under paragraph 10(4) or (5)(c), he shall be informed \u2014\n(a)\nthat the authorisation has been given;\n(b) of the grounds upon which it has been given; and\n(c)\nwhere relevant, of the nature of the offence in which it is suspected that he\nhas been involved.\n\n(3) After fingerprints or a sample are taken under paragraph 10, there shall be\nrecorded as soon as is reasonably practicable any of the following which   apply\n\u2014\n(a)\nthe fact that the person has been informed in accordance with\nsubparagraphs (1) and (2);\n(b) the reason referred to in subparagraph (1)(b);\n(c)\nthe authorisation given under paragraph 10(4) or (5)(c);\n(d) the grounds upon which that authorisation has been given; and\n(e)\nthe fact that the appropriate consent has been given.\n12. (1) This paragraph applies where \u2014\n(a)\ntwo or more non-intimate samples suitable for the same means of analysis\nhave been taken from a person under paragraph 10;\n(b) those samples have proved insufficient, and\n(c)\nthe person has been released from detention.\n\n(2) An intimate sample may be taken from the person if  \u2014\n(a)\nthe appropriate consent is given in writing;\n(b) a constable of at least the rank of inspector authorises the sample to be\ntaken; and\n(c)\nsubject to paragraph 13(2) and (3), the sample is taken by a constable of at\nleast the rank of inspector.\n\n(3) Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an\nintimate sample under this paragraph; and a reference to a person detained under\nsection 44 shall be taken as a reference to a person who was detained under\nsection 44 when the non-intimate samples mentioned in subparagraph (1)(a)\nwere taken.\n13. (1) Where appropriate written consent to the taking of an intimate sample from a\nperson under paragraphs 10 or 12 is refused without good cause, in any proceedings\nagainst that person for an offence \u2014\n\nSCHEDULE 6\nTerrorism Law\n\nPage 108\nRevised as at 28th day of February, 2018\nc\n\n(a)\nthe court, in determining whether to commit him for trial or whether there\nis a case to answer, may draw such inferences from the refusal as appear\nproper; and\n(b) the court or jury, in determining whether that person commits the offence\ncharged, may draw such inferences from the refusal as appear proper.\n\n(2) An intimate sample other than a sample of urine or a dental impression may be\ntaken under paragraph 10 or 12 only by a registered medical practitioner acting\non the authority of a constable.\n\n(3) An intimate sample which is a dental impression may be taken under paragraph\n10 or 12 only by a registered dentist acting on the authority of a constable of at\nleast the rank of inspector.\n\n(4) Where a sample of hair other than pubic hair is to be taken under paragraph 10\nthe sample may be taken either by cutting hairs or by plucking hairs with their roots so long\nas no more are plucked than the person taking the sample reasonably considers to be\nnecessary for a sufficient sample.\n14. (1) This paragraph applies to -\n(a) fingerprints or samples taken under paragraph 10 or 12; and\n(b) information derived from those samples.\n\n(2) The fingerprints, samples or information may be used only for the purpose of a\nterrorist investigation.\n\n(3) The fingerprints, samples or information may be checked, subject to\nsubparagraph (2), against other fingerprints or samples taken under paragraph\n10 or 12 or information derived from those samples.\n15. (1) In the application of paragraphs 10 to 14 in relation to a person detained in the\nIslands  \u2014\n\u201cappropriate consent\u201d means \u2014\n(i)\nin relation to a person who is seventeen years of age or older, the\nconsent of that person;\n(ii) in relation to a person between the ages of fourteen and sixteen, the\nconsent of that person and his parent or guardian; and\n(iii) in relation to a person under the age of fourteen, the consent of his\nparent or guardian;\n\u201cfingerprints\u201d includes palmprints;\n\u201cinsufficient and sufficient\u201d in relation to a sample, means insufficient or sufficient\n(in point of quantity or quality) for the purpose of enabling information to be produced\nby the means of analysis used or to be used in relation to the sample;\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 109\n\n\u201cintimate sample\u201d means \u2014\n(i)\na sample of blood, semen or any other tissue fluid, urine or pubic\nhair;\n(ii) a dental impression; and\n(iii) a swab taken from a person\u2019s orifice other than the mouth;\n\u201cnon-intimate sample\u201d means \u2014\n(i)\na sample of hair other than pubic hair;\n(ii) a sample taken form a nail or from under a nail;\n(iii) a swab taken from any part of a person\u2019s body including the mouth\nbut not any other body orifice;\n(iv) saliva; and\n(v) a footprint or a similar impression of any part of a person\u2019s body\nother than a part of his hand; and\n\u201cregistered dentist\u201d means a dentist registered under the Health Practice Law (2017\nRevision).\nPART II\nREVIEW OF DETENTION UNDER SECTION 44\nGrounds for continued detention\n16. (1) A review officer may authorise a person\u2019s continued detention only if satisfied\nthat it is necessary \u2014\n(a)\nto obtain relevant evidence whether by questioning him or otherwise;\n(b) to preserve relevant evidence;\n(c)\npending a decision whether to apply to the Governor for a deportation\norder to be served on the detained person;\n(d) pending the making of an application to the Governor for a deportation\norder to be served on the detained person;\n(e)\npending consideration by the Governor whether to serve a deportation\norder on the detained person; or\n(f)\npending a decision whether the detained person should be charged with an\noffence.\n\n(2) The review officer shall not authorise continued detention under subparagraph\n(1)(a) or (b) unless he is satisfied that the investigation in connection with which\nthe person is detained is being conducted diligently and expeditiously.\n\n(3) The review officer shall not authorise continued detention under subparagraph\n(1) (c) to (f) unless he is satisfied that the process pending the completion of\nwhich detention is necessary is being conducted diligently and expeditiously.\n\nSCHEDULE 6\nTerrorism Law\n\nPage 110\nRevised as at 28th day of February, 2018\nc\n\n(4) In subparagraph (1)(a) and (b) \u2014\n\u201crelevant evidence\u201d means evidence which  \u2014\n(a)\nrelates to the commission by the detained person of an offence under any\nof the provisions mentioned in section 43(1)(a), or\n(b) indicates that the detained person falls within section 43(1)(b).\n\n(5) In subparagraph (1) \u2014\n\u201cdeportation order\u201d means a deportation order made under the Immigration Law\n(2015 Revision).\nReview officer\n17. (1) The review officer shall be a constable of at least the rank of inspector who has\nnot been directly involved in the investigation in connection with which the person is\ndetained.\n\n(2) In the case of a review carried out within the period of twenty-four hours\nbeginning with the time of arrest, the review officer shall be an officer of at least\nthe rank of inspector.\n\n(3) In the case of any other review, the review officer shall be an officer of at least\nthe rank of chief inspector.\nRepresentations\n18. (1) Before determining whether to authorise a person\u2019s continued detention, a\nreview officer shall give either of the following persons an opportunity to make\nrepresentations relating to the detention \u2014\n(a)\nthe detained person; or\n(b) an attorney-at-law representing him who is available at the time of the\nreview,\nand such representations may be oral or written.\n\n(3) A review officer may refuse to hear oral representations from the detained\nperson if he considers that the detained person is unfit to make representations\nbecause of his condition or behaviour.\nRights\n19. (1) Where a review officer authorises continued detention he shall inform the\ndetained person \u2014\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 111\n\n(a)\nof any of his rights under paragraphs 6 and 7 which he has not yet\nexercised, and\n(b) if the exercise of any of his rights under either of those paragraphs is being\ndelayed in accordance with the provisions of paragraph 8, of the fact that\nit is being so delayed.\n\n(2) Where a review of a person\u2019s detention is being carried out at a time when his\nexercise of a right under either of those paragraphs is being delayed \u2014\n(a)\nthe review officer shall consider whether the reason for which the delay\nwas authorised continue to subsist; and\n(b) where in his opinion the reason have ceased to subsist, he shall inform the\nofficer who authorised the delay of his opinion (unless he was that officer).\nRecord\n20. (1) A review officer carrying out a review shall make a written record of the\noutcome of the review and of any of the following which apply  \u2014\n(a)\nthe grounds upon which continued detention is authorised;\n(b) the reason for postponement of the review;\n(c)\nthe fact that the detained person has been informed as required under\nparagraph 19(1);\n(d) the officer\u2019s conclusion on the matter considered under paragraph\n19(2)(a);\n(e)\nthe fact that he has taken action under paragraph 19(2)(b); and\n(f)\nthe fact that the detained person is being detained under section 44(5) or\n(6).\n\n(2) The review officer shall \u2014\n(a)\nmake the record in the presence of the detained person; and\n(b) inform him at that time whether the review officer is authorising continued\ndetention, and if he is, of his grounds.\n\n(3) Subparagraph (2) shall not apply where, at the time when the record is made,\nthe detained person is incapable of understanding what is said to him, violent or\nlikely to become violent or in urgent need of medical attention.\nPART III\nEXTENSION OF DETENTION UNDER SECTION 44\nWarrants of further detention\n21. (1) A constable of at least the rank of inspector may apply to the summary court for\nthe issue of a warrant of further detention under this Part.\n\nSCHEDULE 6\nTerrorism Law\n\nPage 112\nRevised as at 28th day of February, 2018\nc\n\n(2) A warrant of further detention \u2014\n(a)\nshall authorise the further detention under section 44 of a specified person\nfor a specified period; and\n(b) shall state the time at which it is issued.\n\n(3) The specified period in relation to a person shall end not later than the end of\nthe period of seven days beginning with the time of his arrest under section 44.\nTime limit\n22. (1) An application for a warrant shall be made during the period mentioned in\nsection 45(3) or within six hours of the end of that period.\n\n(2) The summary court hearing an application made under subparagraph (1)(b) shall\ndismiss the application if the court considers that it would have been reasonably\npracticable to make it during the period mentioned in section 44(3).\n\n(3) For the purposes of this Schedule, an application for a warrant is made when\nwritten or oral notice of an intention to make the application is given to the court.\nNotice\n23. An application for a warrant may not be heard unless the person to whom it relates\nhas been given a notice stating \u2014\n(a)\nthat the application has been made;\n(b) the time at which the application was made;\n(c)\nthe time at which it is to be heard; and\n(d) the grounds upon which further detention is sought.\nGrounds for extension\n24. (1) A court may issue a warrant of further detention only if satisfied that \u2014\n(a)\nthere are reasonable grounds for believing that the further detention of the\nperson to whom the application relates is necessary to obtain relevant\nevidence whether by questioning him or otherwise or to preserve relevant\nevidence, and\n(b) the investigation in connection with which the person is detained is being\nconducted diligently and expeditiously.\n\n(2) In subparagraph (1) \u2014\n\u201crelevant evidence\u201d means, in relation to the person to whom the application\nrelates, evidence which \u2014\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 113\n\n(a)\nrelates to his commission of an offence under any of the provisions\nmentioned in section 43(1)(a), or\n(b) indicates that he is a person falling within section 43(1)(b).\nRepresentation\n25. (1) The person to whom an application relates shall  \u2014\n(a)\nbe given an opportunity to make oral or written representations to the court\nabout the application, and\n(b) subject to subparagraph (3), be entitled to be legally represented at the\nhearing.\n\n(2) The court shall adjourn the hearing of an application to enable the person to\nwhom the application relates to obtain legal representation where he wishes to\nbe so represented.\nInformation\n26. (1) The constable who has made an application for a warrant may apply to the court\nfor an order that specified information upon which he intends to rely be withheld from\nthe person to whom the application relates and anyone representing him.\n\n(2) Subject to subparagraph (3), the court may make an order under sub-paragraph\n(1) in relation to specified information only if satisfied that there are reasonable\ngrounds for believing that if the information were disclosed \u2014\n(a)\nevidence of an offence under any of the provisions mentioned in section\n43(1)(a) would be interfered with or harmed;\n(b) the recovery of property obtained as a result of an offence under any of\nthose provisions would be hindered;\n(c)\nthe recovery of property in respect of which a forfeiture order could be\nmade under section 20 would be hindered;\n(d) the apprehension, prosecution or conviction of a person who is suspected\nof falling within section 43(1)(a) or (b) would be made more difficult as a\nresult of his being alerted;\n(e)\nthe prevention of an act of terrorism would be made more difficult as a\nresult of a person being alerted;\n(f)\nthe gathering of information relating to the commission, preparation or\ninstigation of an act of terrorism would be interfered with; or\n(g) a person would be interfered with or physically injured.\n\n(3) The court may also make an order under subparagraph (1) in relation to specified\ninformation if satisfied that there are reasonable grounds for believing that \u2014\n\nSCHEDULE 6\nTerrorism Law\n\nPage 114\nRevised as at 28th day of February, 2018\nc\n\n (a) the detained person has committed an offence to which Part III of the\nProceeds of Crime Law (2018 Revision) (confiscation of the proceeds of\nan offence) applies;\n(b) the detained person has benefited from the offence within the meaning of\nthat Part; and\n(c)\nthe recovery of the value of that benefit would be hindered, if the\ninformation were disclosed.\n\n(4) The court shall direct that the following be excluded from the hearing of the\napplication under this paragraph -\n(a)\nthe person to whom the application for a warrant relates; and\n(b) anyone representing him.\nAdjournments\n27. (1) The court may adjourn the hearing of an application for a warrant only if the\nhearing is adjourned to a date before the expiry of the period mentioned in section\n44(3).\n\n(2) This paragraph shall not apply to an adjournment under paragraph 26(2).\nExtensions of warrants\n28. (1) A constable of at least the rank of inspector may apply to the court for the\nextension or further extension of the period specified in a warrant of further detention.\n\n(2) Where the period specified is extended, the warrant shall be endorsed with a\nnote stating the new specified period.\n\n(3) The specified period shall end not later than the end of the period of seven days\nbeginning with the time of the person\u2019s arrest under section 44.\n\n(4) Paragraphs 22(3) and 23 to 26 shall apply to an application under this paragraph\nas they apply to an application for a warrant of further detention.\n\n(5) The court may adjourn the hearing of an application under subparagraph (1) only\nif the hearing is adjourned to a date before the expiry of the period specified in\nthe warrant.\n\n(6) Subparagraph (5) shall not apply to an adjournment under paragraph 25(2).\nDetention - conditions\n29. A person detained under a warrant issued under this Part shall unless detained in\naccordance with section 44(5) or (6) or under any other power be released immediately if\nthe officer having custody of him becomes aware that any of the grounds under paragraph\n25(1)(a) and (b) upon which the court authorised his further detention have ceased to apply.\n\nTerrorism Law\nSCHEDULE 6\n\nc\nRevised as at 28th day of February, 2018\nPage 115\n\nPublication in consolidated and revised form authorised by the Cabinet this 13th\nday of March, 2018.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:37:45.752714+00","cms_id":"2003-0014","law_type":"principal","year":"2003","number":"14","title":"Terrorism Act","status":"in_force"},"provenance":{"files":[{"file_id":"5090","expr_id":"238","kind":"akn_xml","filename":"2003-0014_2018 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.akn.xml","content_md5":"cbcef7a2645e2167b2e2cc46d43ea77f","byte_size":"223355","http_last_modified":null,"fetched_at":"2026-06-22 15:37:46.48745+00"},{"file_id":"475","expr_id":"238","kind":"pristine_pdf","filename":"2003-0014_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.pdf","content_md5":"23589952f0ae7d8a41ad102fd423fe79","byte_size":"1557806","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.083314+00"},{"file_id":"476","expr_id":"238","kind":"working_pdf","filename":"2003-0014_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0014\/2003-0014_2018 Revision.pdf","content_md5":"23589952f0ae7d8a41ad102fd423fe79","byte_size":"1557806","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.083314+00"}],"paragraph_count":57,"latest_history":null},"quality":{"expr_id":"238","doc_id":"238","quality_state":"needs_review","quality_score":"72","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,paragraph_numbering_problem}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,rebuild_paragraphs,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample ends abruptly mid\u2011section; likely truncation issue requiring review of omitted content.","assessed_at":"2026-06-22 15:29:45.354214+00","updated_at":"2026-06-22 15:29:45.354214+00"}}