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Terrorism Act tabled in House
published: Wednesday | October 29, 2003

By Lynford Simpson, News Editor

GOVERNMENT YESTERDAY tabled the Terrorism (Prevention) Act in the House of Representatives, a Bill which will have wide-ranging implications.

It comes in the wake of the September 2001 terrorist attacks on the United States.

"This Bill has far-reaching implications for Jamaica in its fight against terrorism, both at home and abroad, and will require intense study and concentration for the ensuing deliberations," said K.D. Knight, the Minister of Foreign Affairs and Foreign Trade.

He told the House that the Act will, when passed, bring Jamaica in line with countries which have adopted a special United Nations Security Council Resolution.

The Minister emphasised that the Bill would implement Resolution 1373 by: "The prevention and suppression of the financing, preparation, facilitation and commission of acts of terrorism, as well as protect the political, social and economic security of the State."

Once enacted, it will also facilitate Jamaica's ratification of or accession to several of the terrorism conventions.

Terrorist activity, according to the Bill, includes offences against anti-terrorism conventions. They also include acts or omissions, which if done in whole or in part for any political, religious or ideological purpose, and are carried out with the intention to cause death or serious bodily harm; endanger life; cause risk to the health or safety of the public; cause substantial property damage or cause serious interference with or serious disruption of essential services, facilities or systems.

PROVISIONS OF THE ACT

The Act criminalises the provision or use of, and the dealing in, property intending or knowing that it will be used for terrorist activity or knowing that it is the property of a terrorist organisation. It ensures that entities that finance acts of terrorism "are severely punished".

"I should also mention that the definition of entity was deliberately drafted as wide as possible to include not just natural and legal persons but also trusts, partnerships, funds and unincorporated associations," explained Mr. Knight. "This was done because of the recognition that various organisations, including charitable organisations, may be used to finance acts of terrorism."

FAR-REACHING IMPLICATIONS

The Minister noted that the Bill will have far-reaching implications for financial institutions and foreign companies in respect of their business in Jamaica and friendly societies, to determine whether they are in possession or control of property owned or controlled by or on behalf of an entity deemed to have links with terrorists or their organisations.

Persons will be required to disclose information relating to a terrorism offence which comes to their attention in the course of their trade, profession or employment.

Additionally, the Act will give the Government authority to freeze funds and other assets or entities owned or controlled directly or indirectly by persons who commit terrorist acts.

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