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Vanuatu Consolidated Subsidiary Legislation |
Commencement: 12 May 2003
SUPPRESSION OF TERRORISM AND AFGHANISTAN MEASURES
Order 17 of 2003
ARRANGEMENT OF SECTIONS
1. Interpretation
SCHEDULE − Specified entities
To give effect to resolutions 1267 (1999), 1333 (2000) and 1373(200 1) of the Security Council of the United Nations
(1) In this Order, unless the contrary intention appears:
“Al-Qaida entity”:
(a) means the Al-Qaida organization; and
(b) includes an entity (other than the Al-Qaida organization) designated by or under 1 or more resolutions of the Security Council relating to Afghanistan, as being an entity associated with Usama bin Laden and against whom a sanction imposed by those resolutions and provided for in section 4 or section 6 is to be imposed.
“entity” means a person, group, trust, partnership, or fund, or an unincorporated association or organization.
“funds”:
(a) means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and
(b) includes legal documents or instruments (for example, bank credits, travelers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind.
“property”:
(a) means real or personal property of any description, whether situated in Vanuatu or elsewhere and whether tangible or intangible; and
(b) includes an interest in any real or personal property of that kind.
“specified entity” has the meaning given to it in section 2.
“the Taliban” means the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan.
“Taliban entity” means an entity (other than an Al-Qaida entity or the Taliban or Usama bin Laden) designated by or under 1 or more resolutions of the Security Council relating to Afghanistan, as an entity against whom a sanction imposed by those resolutions and provided for in section 4 or section 6 is to be imposed.
(2) A reference in this Order to the transfer of property that is a security includes a reference to a transfer of the security by way of ban, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.
(3) The Prime Minister may publish, in any manner the Prime Minister thinks fit (for example, by notice in the Gazette, or publication on the Internet, or both):
(a) a list of the names, and of any other known identifying details, of entities that are specified entities to whom some or all of the provisions of this Order apply; or
(b) any additions to, or deletions from, the list referred to in paragraph (a).
This Order applies in respect of the entities referred to in the Schedule, to the extent specified therein, and references in this Order to a specified entity must be read accordingly.
(1) No person in Vanuatu and no Vanuatu citizen in any place outside Vanuatu may, directly or indirectly, willfully and without lawful justification or reasonable excuse, provide or collect funds intending that they be used, or knowing that they are to be used, in full or in part, by a specified entity.
(2) In a prosecution for an offence against subsection (1), it is not necessary for the prosecutor to prove that the funds collected or provided were actually used, in full or in part, by a specified entity.
(1) No person in Vanuatu and no Vanuatu citizen in any place outside Vanuatu may, without lawful justification or reasonable excuse, deal with any property knowing that the property is:
(a) property owned or controlled, whether directly or indirectly, by a specified entity; or
(b) property derived or generated from any property of the kind specified in paragraph (a).
(2) Subsection (1) does not apply if the Minister of Finance has, under section 7, authorized that dealing with the property (for example, to enable a third party with a valid interest in the property, or in the maintenance or disposition of it, to obtain relief).
(3) In this section “deal with”, in relation to any property:
(a) means to use or deal with the property, in any way and by any means, for example, to acquire possession of, or a legal or an equitable interest in, transfer, pay for, sell, assign, or dispose of (including by way of gift) the property; and
(b) includes allowing the property to be used or dealt with, or facilitating the use of it or dealing with it.
A person in possession or control of property that the person suspects on reasonable grounds is property that is or may be owned or controlled by, or on behalf of, a specified entity must, as soon as practicable after forming that suspicion, report it to the Attorney General.
(1) No person in Vanuatu and no Vanuatu citizen in any place outside Vanuatu may make available, or cause to be made available, directly or indirectly, without lawful justification or reasonable excuse, any property, or any financial or business or professional services, either to, or for the benefit of, a specified entity, knowing that the entity is a specified entity.
(2) An example of a person making property available with a lawful justification, for the purposes of subsection (1), is where the property the person made available is items of food, clothing, or medicine, that are necessaries of life.
(3) Subsection (1) does not apply if the Minister of Finance has, under section 7, authorized that making available of the property or services (for example, to enable a third party with a valid interest in the property, or in the maintenance or disposition of it, to obtain relief).
(4) In this section, “make available”, in relation to any property or services, means to make the property or services available in any way and by any means (for example, to send, transfer, deliver, or provide the property or services).
(1) The Minister of Finance may, by notice in writing, permit any one or more activities or transactions, or classes of activities or transactions, that would otherwise be prohibited by section 4 or section 6.
(2) Any authorization of that kind:
(a) may be subject to terms or conditions; and
(b) may be amended, or revoked, or revoked and replaced.
(3) If a person has obtained an authorization of that kind, no other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates, is subject to section 4 or section 6 if the terms or conditions of the authorization that are imposed under subsection (2)(a), if any, are satisfied.
No person in Vanuatu and no Vanuatu citizen in any place outside Vanuatu may recruit another person as a member of a group or organization, knowing that the group or organization is a specified entity.
(1) A person has immunity from civil, criminal, or disciplinary proceedings to the extent provided in subsections (2) and (3) if the person:
(a) acts in purported compliance with the requirements of section 4 or section 6 or both; or
(b) reports a suspicion to the Attorney General under section 5; or
(c) discloses information in connection with a report of that kind.
(2) No civil, criminal, or disciplinary proceedings lie against a person to whom subsection (1) applies:
(a) in respect of the acts of the person in good faith and with reasonable care in purported compliance with the requirements of section 4 or section 6 or both; or
(b) in respect of the report or disclosure, or the manner of the report or disclosure, by that person, of the information referred to in subsection (1)(b) and (c); or
(c) for any consequences that follow from the report or disclosure of that information.
(3) However, subsection (2)(b) and (c) do not apply if the information was reported or disclosed in bad faith, or without reasonable care having been taken in determining, before the report or disclosure, that an entity is a specified entity.
Every person commits an offence against this Order, and is liable accordingly under section 2 of the United Nations Act [Cap. 278] who acts in contravention of or fails to comply in any respect with any of the provisions of this Order.
(1) No prosecution for an offence against this Order may be instituted in any court except with the consent of the Attorney General.
(2) However, a person alleged to have committed an offence against this Order may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney General’s consent under subsection (1) has not been obtained.
SCHEDULE
Specified entities
| Entity | Provisions that apply to the entity |
| | |
| Every Al-Qaida entity (as defined in section 1(1)). | Every provision of this Order. |
| | |
| The Taliban (as defined in section 1(1)). | Every provision of this Order. |
| | |
| Every Taliban entity (as defined in section 1(1)). | Every provision of this Order. |
| | |
| Usama bin Laden | Every provision of this Order, except sections 8 and 9. |
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URL: http://www.paclii.org/vu/legis/consol_sub/sotaam503