| (1) |
Any person who, directly or indirectly, in whole or in part, and by any means or method— |
| (f) |
provides or makes available, or invites a person to provide or make available property; |
| (g) |
provides or makes available, or invites a person to provide or make available any financial or other service; |
| (h) |
provides or makes available, or invites a person to provide or make available economic support; or |
| (i) |
solicits or facilitates the acquisition, collection, use or provision of property, or the provision of any financial or other service, or the provision of economic support, |
intending that the property, financial or other service or economic support, as the case may be, be used, or while such person knows or ought reasonably to have known or suspected that the property, service or support concerned will be used, directly or indirectly, in whole or in part—
| (ii) |
for the benefit of, or on behalf of, or at the direction of, or under the control of an entity which commits or attempts to commit or facilitates the commission of a specified offence; |
| (iiA) |
for the benefit of, or on behalf of, or at the direction of, or under the control of, a specific entity identified in an order made under section 23; or |
| (iii) |
for the benefit of a specific entity identified pursuant to a Resolution of the United Nations Security Council relating to the identification of entities— |
| (aa) |
that commit, or attempt to commit, any terrorist and related activity or participate in or facilitate the commission of any terrorist and related activity; or |
| (bb) |
against which Member States of the United Nations must take the actions specified in that Resolution in order to combat or prevent terrorist and related activities, |
and which are announced in a notice referred to in section 26A(3) of the Financial Intelligence Centre Act;
[Section 4(1)(i) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 3(a-f) of Notice No. 1533, G47803, dated 29 December 2022]
| (2) |
Any person who, directly or indirectly, in whole or in part, and by any means or method— |
| (a) |
deals with, enters into or facilitates any transaction or performs any other act in connection with property which such person knows or ought reasonably to have known or suspected to have been acquired, collected, used, possessed, owned or provided— |
| (i) |
to commit or facilitate the commission of a specified offence; |
| (ii) |
for the benefit of, or on behalf of, or at the direction of, or under the control of an entity which commits or attempts to commit or facilitates the commission of a specified offence; or |
| (iii) |
for the benefit of a specific entity identified pursuant to a Resolution of the Untied Nations Security Council relating to the identification of entities— |
| (aa) |
that commit, or attempt to commit, any terrorist and related activity or participate in or facilitates the commission of any terrorist and related activity; or |
(bb) against which Member States of the United Nations must take the actions specified in that Resolution in order to combat or prevent terrorist and related activities, and which are announced in a notice referred to in section 26A(3) of the Financial Intelligence Centre Act; or
[Section 4(2)(iii) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 3(g) of Notice No. 1533, G47803, dated 29 December 2022
| (b) |
provides financial or other services in respect of property referred to in paragraph (a), |
is guilty of an offence.
| (3) |
Any person who knows or ought reasonably to have known or suspected that property is property referred to in subsection (2) (a) and enters into, or becomes concerned in, an arrangement which in any way has or is likely to have the effect of— |
| (a) |
facilitating the retention or control of such property by or on behalf of, or for the benefit of— |
| (i) |
an entity which commits or attempts to commit or facilitates the commission of a specified offence; |
| (iA) |
a specific entity identified in an order made under section 23; or |
| (ii) |
a specific entity identified pursuant to a Resolution of the United Nations Security Council relating to the identification of entities— |
| (aa) |
that commit, or attempt to commit, any terrorist and related activity or participate in or facilitates the commission of any terrorist and related activity; or |
| (bb) |
against which Member States of the United Nations must take the actions specified in that Resolution in order to combat or prevent terrorist and related activities, |
and announced in a notice referred to in section 26A(3) of the Financial Intelligence Centre Act;
[Section 4(3)(a) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 3(h) of Notice No. 1533, G47803, dated 29 December 2022]
| (b) |
converting such property; |
| (c) |
concealing or disguising the nature, source, location, disposition or movement of such property, the ownership thereof or any interest anyone may have therein; |
| (d) |
removing such property from a jurisdiction; or |
| (e) |
transferring such property to a nominee, |
is guilty of an offence.
Protection of Personal Information Act, 2013
