CONVENTION ON THE SUPPRESSION OF TERRORIST FINANCING ACT

Arrangement of Sections

1. Short title.

2. Convention States.

3. Offences.

4. Freezing and seizure.

4A. —

4B. —

4C. —

4D. —

4E. —

4F. —

4G. —

4H. —

4I. —

5. Forfeiture.

6. High Court to try offences under this Act.

7. Rights of certain persons arrested for offences under this Act.

8. Minister to notify requesting State, of measures taken against persons for whose extradition request is made.

9. Assistance to Convention States.

10. Existing extradition arrangements with Convention States deemed to provide for offences in Schedule II.

11. Minister may treat Convention as an extradition arrangement between Sri Lanka and certain Convention States, in respect of offences in Schedule II.

12. Amendment to the Extradition Law, No. 8 of 1977.

13. Offences under this Act not to be political offences for the purposes of the Extradition Law.

14. Measures to be taken for the prevention of any offence under this Act or the offence of money laundering.

15. Minister to issue directions.

16. Regulations.

16A. —

17. Sinhala text to prevail in case of inconsistency.

SCHEDULES

25 of 2005,

41 of 2011,

3 of 2013.

AN ACT to give effect to the Convention on the Suppression of Terrorist Financing and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 8th August, 2005]

1. Short title.

This Act may be cited as the Convention on the Suppression of Terrorist Financing Act.

2. Convention States.

The Minister may, from time to time, by Order published in the Gazette certify the States which are parties to the Convention. A State in respect of which an Order is made under this section is hereinafter referred to as a "Convention State”.

2A. —

(1) The provisions of this Act shall apply in relation to a person who being a citizen of Sri Lanka or a person who not being a citizen of Sri Lanka, commits an offence under this Act—

(a) while present in Sri Lanka; or

(b) outside Sri Lanka and such offence is an offence under the law for the time being in force, in the Country in which such offence is committed.

(2) For the purpose of the implementation of the provisions of this Act, the expression "person” shall include a body of persons, whether corporate or unincorporated within or outside Sri Lanka.

[S 2A ins by s 2 of Act 41 of 2011.]

3. Offences.

(1) Any person who, by any means, directly or indirectly, unlawfully and wilfully provides or collects funds or property with the intention that such funds or property should be used, or in the knowledge that they are to be used or having reason to believe that they are likely to be used, in full or in part, in order to commit—

(a) an act which constitutes an offence within the scope of, or within the definition of any one of the Treaties specified in Schedule I hereto;

(b) any other act, intended to cause death or serious bodily injury, to civilians or to any other person not taking an active part in the hostilities, in a situation of armed conflict or otherwise and the purpose of such act, by its nature or context is to intimidate a population, or to compel a government or an international organisation, to do or to abstain from doing any act; or

(c) any terrorist act, shall be guilty of the offence of financing of a terrorist act, a terrorist or terrorists, or a terrorist organisation:

Provided that, for an act to constitute the offence set out above, it shall not be necessary to show that the funds or property provided or collected were actually used in the commission of an offence.

[S 3(1) subs by s 3(1) of Act 41 of 2011.]

(2) Any person who—

(a) attempts to commit;

(b) aids or abets the commission of; or

(c) acting with a common purpose with another person,

the offence of financing of a terrorist act, a terrorist or terrorists or a terrorist organisation shall be guilty of an offence under this Act.

In this subsection "abet” has the same meaning as in sections 100 and 101 of the Penal Code.

[S 3(2) am by s 3(2) of Act 41 of 2011.]

(2A) Any person who unlawfully and willfully by any direct or indirect means provides or conspires to provide, material support or resources to any terrorist, terrorists or a terrorist organization shall be guilty of an offence under this Act.

[S 3(2A) subs by s 2(1) of Act 3 of 2013.]

(3) Where an offence specified in subsection (1), subsection (2) or subsection (2A) of this section is committed by a body of persons, then, every member, Director, Manager, Secretary, officer or servant of such body of persons shall be guilty of such offence, unless it can be proved that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of such offence.

[S 3(3) am by s 2(2) of Act 3 of 2013.]

(4) A person guilty of an offence under subsection (1), subsection (2) or subsection (2A) of this section, shall on conviction after trial on indictment by the High Court, be punished with imprisonment for a term not less than fifteen years and not exceeding twenty years, and also be liable to a fine.

[S 3(4) am by s 2(3) of Act 3 of 2013.]

4. Freezing and seizure.

(1) A police officer not below the rank of an Assistant Superintendent of Police may, where there are reasonable grounds to believe that any person is involved in the commission of any act which constitutes an offence under section 3 of this Act and it is necessary for preventing the commission of any further acts in connection with such offence, issue an Order (hereinafter referred to as a "Freezing Order”) freezing all funds or property provided or collected in contravention of the provisions of section 3, any income or profit earned on such funds or property or any instrumentalities used in the commission of such offence.

(2) The Freezing Order obtained under subsection (1) shall be issued on—

(a) the person who is believed to be involved in the commission of any act which constitutes an offence in terms of section 3; and

(b) on any other person or institution who or which may be required to give effect to such Order.

(3) A Freezing Order issued under subsection (1) shall, subject to the provisions of section 4A, be in force for a period of seven days of the making thereof.

(4) Any person who or institution which uses such fund, property, income, profit or instrumentality which is subject to a Freezing Order, in contravention of such Freezing Order issued on him or such institution, shall be guilty of an offence and shall on conviction after trial before the High Court be liable to a fine not exceeding one hundred thousand rupees or one and a half times the value of the money in such funds, property, income, profit or instrumentality which has been dealt with in contravention of the Freezing Order, whichever is higher or to imprisonment of either description for a period not exceeding one year or to both such fine and imprisonment.

[S 4 subs by s 4 of Act 41 of 2011.]

4A. —

(1) The police officer issuing the Freezing Order in terms of section 4 shall, within the seven days during which such Order shall be in force, make an ex-parte application to the High Court seeking confirmation of such Freezing Order and also if the circumstances so necessitate, request an extension to the original period of seven days.

(2) Where the High Court is satisfied that there is sufficient reason for the making of such Freezing Order, the Court may subject to any Orders which may be made under section 4E, confirm the Freezing Order and also grant the application made for the extension thereof, for such periods as it considers necessary:

Provided that the maximum period of any extension so granted shall not exceed three months at any given time and in any event shall not in the aggregate exceed a period of two years from the date of the issuing of the Freezing Order by the police officer:

Provided further that where indictment is filed for the commission of an offence under section 3 of this Act in respect of the fund, property, income, profit or instrumentality which is subject to the Freezing Order, such Freezing Order shall unless vacated by Court for reasons to be recorded, remain in force until the conclusion of the trial in respect of such offence, or where an appeal is preferred against a conviction for such offence, until the determination of the appeal.

(3) Where the High Court confirms a Freezing Order under subsection (2) it shall cause a Notification of the Freezing Order to be published in at least one newspaper circulating in the Sinhala, Tamil and English languages, in order to facilitate bonafide third parties to make application to Court in support of their claims to the fund, property, income, profit or instrumentality which is subject to the Freezing Order.

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