 | |
| |
PART III |
| |
TERRORIST PROPERTY |
| |
Interpretation |
| Terrorist property. |
13. - (1) In this Act "terrorist property" means-
|
| |
(a) money or other property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organisation), |
| |
(b) proceeds of the commission of acts of terrorism, and |
| |
(c) proceeds of acts carried out for the purposes of terrorism. |
| |
(2) In subsection (1)-
|
| |
(a) a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission), and |
| |
(b) the reference to an organisation's resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation. |
| |
Offences |
| Fund-raising. |
14. - (1) A person commits an offence if he-
|
| |
(a) invites another to provide money or other property, and |
| |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. |
| |
(2) A person commits an offence if he-
|
| |
(a) receives money or other property, and |
| |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. |
| |
(3) A person commits an offence if he-
|
| |
(a) provides money or other property, and |
| |
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. |
| |
(4) In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.
|
| Use and possession. |
15. - (1) A person commits an offence if he uses money or other property for the purposes of terrorism.
|
| |
(2) A person commits an offence if he-
|
| |
(a) possesses money or other property, and |
| |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. |
| Funding arrangements. |
16. A person commits an offence if-
|
| |
(a) he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and |
| |
(b) he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. |
| Money laundering. |
17. - (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-
|
| |
|
| |
(b) by removal from the jurisdiction, |
| |
(c) by transfer to nominees, or |
| |
|
| |
(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.
|
| Disclosure of information: duty. |
18. - (1) This section applies where a person-
|
| |
(a) believes or suspects that another person has committed an offence under any of sections 14 to 17, 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) The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable-
|
| |
(a) his belief or suspicion, and |
| |
(b) the information on which it is based. |
| |
(3) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.
|
| |
(4) Where-
|
| |
(a) a person is in employment, |
| |
(b) his employer has established a procedure for the making of disclosures of the matters specified in subsection (2), 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.
|
| |
(5) Subsection (2) does not require disclosure by a professional legal adviser of-
|
| |
(a) information which he obtains in privileged circumstances, or |
| |
(b) a belief or suspicion based on information which he obtains in privileged circumstances. |
| |
(6) For the purpose of subsection (5) information is obtained by an adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose-
|
| |
(a) from a client or a client's representative, in connection with the provision of legal advice by the adviser to the client, |
| |
(b) from a person seeking legal advice from the adviser, or from the person's representative, or |
| |
(c) from any person, for the purpose of actual or contemplated legal proceedings. |
| |
(7) For the purposes of subsection (1)(a) a person shall be treated as having committed an offence under one of sections 14 to 17 if-
|
| |
(a) he has taken an action or been in possession of a thing, and |
| |
(b) he would have committed an offence under one of those sections if he had been in the United Kingdom at the time when he took the action or was in possession of the thing. |
| |
(8) A person guilty of an offence under this section shall be liable-
|
| |
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or |
| |
(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both. |
