COUNTER-TERRORISM ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Counter-Terrorism (Implementation of United Nations Security Council Resolutions) Regulations

COUNTER-TERRORISM (IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS

(section 44)

(27th January 2020)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
Listing and De-Listing

    4.    National listing

    5.    Request by foreign country

    6.    Appeals

    7.    Freezing of property held by nationally listed person or structured group

    8.    Publication of national listing

    9.    Designations by United Nations

    10.    Freezing of property held by designated person or entity

    11.    Claim by third party

    12.    National de-listing

    13.    Application for de-listing from United Nations List

    14.    Unfreezing of property following de-listing from United Nations List

    15.    Basis for maintaining property frozen after de-listing

    16.    Application to unfreeze where property was frozen in error

PART III
Conditions and Procedure for Utilisation of Frozen Property

    17.    Approval of usage of property by nationally listed person or structured group

    18.    Procedure for approval and utilisation of frozen property of designated person or entity

PART IV
Prohibitions and Sanctions in Relation to Designated Persons or Entities or Nationally Listed Persons or Structured Groups

    19.    Prohibition on dealing with property held by designated or nationally listed person

    20.    Prohibition of making property, etc. available to designated or nationally listed person

    21.    Prohibition of travel by designated or nationally listed person

    22.    Prohibition of procurement and supply of weapons

    23.    Prohibition of landing and taking off of certain aircrafts

    24.    Circumventing prohibitions

PART V
Information

    25.    Circulation of lists and issuance of guidelines by Minister

    26.    Notice of amendment to lists to be given

    27.    Power to request for information

    28.    Production of documents

    29.    Failure to comply with request for information

    30.    Disclosure of information

    31.    Unlawful disclosure of information

PART VI
General

    32.    Channel of communication with United Nations

    33.    Co-operation with domestic or international investigations

    34.    Offence and penalty

    35.    Revocation of S.I. No. 98 of 2019

S.I. 9, 2020.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Counter-Terrorism (Implementation of United Nations Security Council Resolutions) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accountable institution" has the same meaning assigned to it under the Financial Intelligence Act (Cap. 08:07);

    "applicable resolutions" means the current United Nations Security Council Resolutions and future successor Resolutions related to combating and preventing terrorism, terrorist financing or the proliferation of weapons of mass destruction issued under Chapter VII of the United Nations Charter, including but not limited to the following Resolutions—

    (a)    Resolution 1267 of 1999;

    (b)    Resolution 1373 of 2001;

    (c)    Resolution 2253 of 2015;

    (d)    Resolution 1718 of 2006;

    (e)    Resolution 1874 of 2009;

    (f)    Resolution 2087 of 2013;

    (g)    Resolution 2094 of 2013;

    (h)    Resolution 2231 of 2015;

    (i)    Resolution 2270 of 2016;

    (j)    Resolution 2321 of 2016; and

    (k)    Resolution 2356 of 2017;

    "beneficial owner" has the same meaning assigned to it under the Financial Intelligence Act;

    "Committee" means the National Counter-Terrorism Committee established under section 12A of the Act;

    "competent United Nations body" means—

    (a)    the Security Council Sanctions Committee established pursuant to the following Resolutions—

        (i)    Resolution 1267 of 1999,

        (ii)    Resolution 1989 of 2011, and

        (iii)    Resolution 2253 of 2015;

    (b)    the Security Council Sanctions Committee established pursuant to Resolution 1988 of 2011;

    (c)    the Security Council Sanctions Committee established pursuant to Resolution 1718 of 2006; and

    (d)    the Security Council when it acts under Chapter VII of the Charter of the United Nations in adopting targeted financial sanctions related to the prevention, suppression, disruption and financing of the proliferation of weapons of mass destruction;

    "designated person" means any person, entity or group that has been designated by a competent United Nations body as a person, entity or group against whom member states must take action for the prevention and combating of any activity specified in the applicable resolution;

    "engaged in terrorism" means to have committed or attempted to commit acts of terrorism or participated in or facilitated the commission of acts of terrorism;

    "financial offence" has the same meaning assigned to it under the Financial Intelligence Act;

    "focal point" means the organ established pursuant to Security Council Resolution 1730 of 2006 to receive and consider requests for the delisting of United Nations listed persons other than those listed under Resolution 2253 of 2015;

    "freeze" means to prohibit the transfer, conversion, disposition or movement of any property or economic resources including oil and natural resources that are owned or controlled by a designated person or entity or by a nationally listed person or group, on the basis of, and for the duration of or the validity of an action initiated by a competent United Nations body in accordance with the applicable resolution or by a competent national authority;

    "nationally listed person" means a person, entity or structured group declared as a terrorist or terrorist group by the Minister under section 12(1) of the Act or a person, entity or structured group listed in accordance with a request made by a foreign country in terms of regulation 5;

    "Office of the Ombudsperson" means the organ established pursuant to Security Council Resolution 1904 of 2009 to receive and consider requests for the delisting of persons listed by the Security Council Sanctions Committee established pursuant to Resolution 2253 of 2015;

    "specified party" has the same meaning assigned to it under the Financial Intelligence Act;

    "supervisory authority" has the same meaning assigned to it under the Financial Intelligence Act; and

    "United Nations List" means the list of names of persons, entities or groups designated by a competent United Nations body as persons, entities or groups against whom member states must take action for the prevention and combating of any activity specified in the applicable Resolution.

3.    Application

    These Regulations shall apply to—

    (a)    a designated person, under the applicable United Nations Resolution;

    (b)    a nationally listed person;

    (c)    a specified party;

    (d)    a supervisory authority;

    (e)    an accountable institution; and

    (f)    any person in Botswana including a citizen of Botswana.

PART II
Listing and De-Listing (regs 4-16)

4.    National listing

    (1) The Minister may nationally list a person, entity or structured group upon receipt of information from the Committee or at the request of a foreign country.

    (2) The Director General of the Agency shall submit information in relation to a person, entity or structured group to the Committee, in writing where—

    (a)    the person, entity or structured group has committed an offence under the Act; or

    (b)    based on intelligence information, the Agency has reasonable grounds to believe that—

        (i)    a person, entity or structured group is engaged in terrorism,

        (ii)    the person, entity or structured group is owned wholly or jointly or is controlled directly or indirectly by a nationally listed person or a designated person, or

        (iii)    the person, entity or structured group is acting on behalf of or at the direction of a nationally listed person or a designated person.

    (3) The information pertaining to a person, entity or structured group for purposes of subregulation (1) shall include, where available, the—

    (a)    name of the person, family and pseudo names, any alias, including any alternative names and spelling, and titles of the person or structured group;

    (b)    place and date of birth or if—

        (i)    a company, the name of the company, the names of its directors, shareholders and beneficial owners, the date of registration or incorporation including the registration number and any other entity identification information,

        (ii)    a trust, or other legal arrangement, the registered name of the trust or legal arrangement, the registered names of trustees or persons exercising ultimate control of the trust or legal arrangement and beneficial owners of the trust or legal arrangement, the date of registration or incorporation of the trust or legal arrangement, including the registration number and any other entity identification information;

    (c)    nationality, or address of the registered office;

    (d)    passport number, identity card number or registration number;

    (e)    gender;

    (f)    physical, postal and electronic mail addresses;

    (g)    occupation; and

    (h)    any other information which the Committee considers relevant.

    (4) The Committee may invite any person, not being a member of the Committee, who has the necessary expertise in the countering of terrorism and financing of terrorism to assist it with its functions under these Regulations.

    (5) The Committee shall review, and where applicable, update the national list annually.