ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
ANTI- TERRORISM ACT, 2008
AN ACT to combat terrorism, suppress and detect
acts of terrorism, to prevent the territory,
resources and financial services of this country
from being used to commit terrorist acts, to
protect the right of people in this country to
live in peace, freedom and security and to
provide for connected purposes.
DATE OF ASSENT: 10th October; 2008.
ENACTED by the President and Parliament:
Terrorism
Act
Prohibition of terrorist act
1. A person shall not engage in a terrorist act.
Terrorist act
2.
(l) An act is a terrorist act if it is performed in
furtherance of a
political, ideological,
religious, racial or ethnic cause and
(a) causes
serious bodily harm to a person
(b)
causes serious damage to property;
(c)
endangers a person's life;
(d)
creates a serious risk to the health or safety of the public;
(e)
involves the use of firearms or explosives;
(f)
releases into the environment or exposes the public to
(i) dangerous, hazardous, radioactive or
harmful substances;
(ii) toxic chemicals; or
(iii) microbial or other biological agents or toxins;
(g)
is prejudicial to national security or public
safety;
(h)
is designed or intended to disrupt
(i) a computer system or the provision of services directly related
to communications;
(ii) banking or financial services;
(iii) utilities, transportation; or
(iv) other essential services; or
(i)
is designed or intended to cause damage to
essential infrastructure.
(2)
A person who contravenes subsection (1) commits
an offence and is liable on conviction on
indictment to a term of imprisonment of not less
than seven years and not more than twenty-five
years.
Acts not considered to be terrorist acts
3. A
protest, demonstration or stoppage of work which
disrupts an essential service shall not be
considered to be a terrorist act within the
meaning of this Act if the act does not result
in the harm referred to in paragraphs, (a),
(b), (c) or (d) of subsection (1) of
section 2.
Terrorist acts in armed conflict
4. (1)
Terrorist act in armed conflict means an act
done in the course of an armed conflict which by
its nature or context is intended to
(a)
intimidate the population or compel the
Government or an international organisation to
do or refrain from doing an act, or
(b) cause
death or serious bodily injury to a civilian not
taking an active part in the hostility.
(2) An act
shall not be considered to be a terrorist act in
armed conflict if the armed conflict is in
accordance with rules of international law
applicable to the conflict.
(3) is Act does not
(a)
diminish the other rights, obligations and
responsibilities of citizens and the Republic
under international law, the purposes and
principles of the Charter of the United Nations
and international humanitarian law; or
(b)
apply to the activities of the armed forces
(i) during an armed conflict conducted in accordance with
international humanitarian law; or
(ii) which are in exercise of their official duties and are in
accordance with other rules of international
law:
Jurisdiction to try offences under this Act
5.
(1) The High Court has jurisdiction for an act which
constitutes an offence committed outside this
country if the act constitutes an offence in
this country wh
(a)
the person committing the act is
(i)
a citizen of Ghana or
(b) the act is committed to compel the Government to do
or refrain from doing an act;
(c)
the
act is committed against a citizen of Ghana;
(d)
the act is committed against property outside
the country that belongs to the Republic;
or
(e)
the person who commits the act is after its
commission, found present in Ghana.
(2) The High Court shall order the funds of (a) a
terrorist,
(b)
financiers of terrorism, or
(c)
a terrorist organisation as designated by the United Nations
Security Council in accordance with Chapter VII
of the United Nations Charter
to be frozen and any person holding the funds shall immediately
freeze them.
(3) The terms, conditions and time limits applicable to the
freezing shall be defined in the order.
(4)
A person holding funds to which subsection (2)
relates shall report without delay to the
Financial Intelligence Centre established under
section 4 of the Anti-Money Laundering Act, 2008
(Act 749) the existence of the funds.
31.Interested
parties and
Terrorist offences
Provision or collection of property to commit an act of terrorism
6. A person who
(a)
provides,
(b)
collects,
or
(c) makes
available
by
any means, directly or indirectly, property,
intending, knowing or having reasonable grounds
to believe that the property will be used in
full or in part to carry out or in relation to
carrying out a terrorist act, commits an offence
and is liable on conviction on indictment to a
term of imprisonment of not less than seven
years.
Provision of financial services for commission of a terrorist act
7. A person who directly or indirectly provides or makes available
financial or other related service
(a)
with
the intention that the financial or other
related service be used,
(i)
in whole or in part to commit or facilitate the
commission of a terrorist act, or
(ii) to benefit a
person who is committing or facilitating the
commission of a terrorist act, or
(b) knowing
or having reasonable cause to believe that the
financial or other related service in whole or
in part will be used by or will benefit a
terrorist group, commits an offence and is
liable on conviction on indictment to a term of
imprisonment of not less than seven years and
not more than twenty-five years.
Use of property for commission of a terrorist act
8. A person who
(a)
uses property, directly or indirectly, in whole or in part, to
commit or in relation to the commission of a
terrorist act, or
(b)
acquires or possesses property with the
intention that it is to be used or knowing that
it will be used, directly or indirectly, in
whole or in part, for the purpose of committing
or facilitating the commission of a terrorist
act, commits an offence and is liable on
conviction on indictment to a term of
imprisonment of not less than seven years and
not more than twenty-five years.
Arrangements for retention or control of
terrorist property
9.
A person who enters into, or becomes involved in an
arrangement, knowing that the agreement
facilitates the acquisition, retention or
control by or on behalf of another person of
terrorist property
(a)
by concealing, or removing the property out of
the country, (b) by transfer of the
property to a nominee, or
(c) in any
other way
commits an offence and is liable on conviction on indictment to a
term of imprisonment of not less than seven
years and not more than twenty-five years.
Dealing with terrorist property
10. A person
who knows that property is terrorist property
and (a) deals directly or indirectly with
that property;
(b)
acquires or possesses that property;
(c) enters into, or facilitates, directly or indirectly, a transaction
in respect of that property;
(d)
converts, conceals or disguises that property;
or
(e)
provides financial or other related service in
respect of that property at the direction of a
terrorist group commits an offence and is liable
on conviction on indictment to a term of
imprisonment of not less than seven years and
not more than twenty-five years.
Support of terrorist act
11. (I) A
person who knows that a group is a terrorist
group and (a) solicits or gives
support to that group for the commission of a
terrorist act, or
(b)
solicits support for or gives support to that group for the
commission of a terrorist act commits an offence
and is liable on conviction on indictment to a
term of imprisonment of not less than seven
years and not more than twenty-five years.
(2) For the purpose of subsection (I), support includes
(a)
the
provision or an offer to provide, forged or
falsified travel documents to a person connected
with a terrorist act or to a member of a
terrorist group;
(b)
the
provision or an offer to provide a skill or
expertise for the benefit of, at the direction
of, or in association with a person or terrorist
group;
(c)
entering or remaining in a country for the
benefit of or at the direction of or in
association with any person or a terrorist
group.
Harbouring of persons committing terrorist acts
12. (1) A
person who harbours or conceals a person knowing
or having reason to believe that the person
(a) has committed, is planning or likely to commit a terrorist
act, or
(b)
is a
member of a terrorist group commits an offence
and is liable on conviction on indictment to a
term of imprisonment of not less than seven
years and not more than twenty-five years.
(2)
A person who prevents, hinders or interferes
with the apprehension of a person knowing or
having reason to believe that the person
(a)
has
committed, is planning or likely to commit a
terrorist act, or
(b)
is a
member of a terrorist group commits an offence
and is liable on conviction on indictment to a
term of imprisonment of not less than seven
years and not more than twenty-five years.
Provision of a lethal device to a terrorist group
13. (l) A
person who knows or has reasonable cause to
believe that (a) a group is a terrorist
group, or
(b)
a
person is a member of a terrorist group and
provides or offers to provide an explosive or a
lethal device to that group or a member of that
group commits an offence and is liable on
conviction on indictment to a term of
imprisonment of not less than seven years and
not more than twenty five years.
(2) A person who provides or offers to provide an explosive or a
lethal device to another person knowing that
that other person will use the explosive or the
lethal device for the benefit of a terrorist
group or a member of a terrorist group commits
an offence and is liable on conviction on
indictment to a term of imprisonment of not less
than seven years and not more than twenty five
years.
Recruitment of member of terrorist group
14. A person
who recruits or agrees to recruit another person
(a)
to be a member of a terrorist group, or
(b)
to
participate in the commission of a terrorist act
commits an offence and is liable on conviction
on indictment to a term of imprisonment of not
less than seven years and not more than twenty
five years.
Provision of training and instruction to terrorist group
15.
A person who provides or agrees to provide training or
instruction (a) in the making or use of
an explosive or other lethal device, (b)
in carrying out a terrorist act, or
(c) in the
practice of military exercises or movements
knowing that the training or instructions is
being provided to a member of a terrorist group
or to a person engaged in or preparing to engage
in a terrorist act commits an offence and is
liable on conviction on indictment to a term or
imprisonment of not less than seven years and
not more than twenty five years.
Incitement, promotion or solicitation of property for a terrorist
act
16. A person
who,
(a)
incites or promotes the commission of a
terrorist act,
(b)
incites or promotes membership of a terrorist
group, or
(c) solicits
property for the benefit of a terrorist group or
for the commission of a terrorist act .
commits an offence and is liable on conviction
on indictment to a term of imprisonment of not
less than seven years and not more than twenty
five years.
Provision of facilities to support a terrorist act
17.
(I) A person who
(a)
occupies, leases or is in charge of premises and permits a
meeting in respect of an act to be held in that
premises;
(b)
owns a vessel or is a charterer, lessee, operator, agent or
master of a vessel and permits the vessel to be
used for the commission of an act,
(c)
owns an aircraft or is a charterer, lessee, operator, agent
or pilot in charge of an aircraft and permits
the aircraft to be used for the commission of an
act,
(d) owns or
is in possession of a motor vehicle, and permits
the motor vehicle to be used for the commission
of an act, or
(e)
is a lessee or is in charge of a communication equipment, or
a facility for the recording, conferencing or
meetings through a communication equipment and
permits the communication equipment, or
facility to be used for the commission of an act
which that person knows to be a terrorist act
commits an offence and is liable on conviction
on indictment to a term of imprisonment of not
less than seven years and not more than twenty
five years.
(2)
In this section "communications equipment" and
communications system" have the same meaning as
in the National Communications Authority Act,
1996 (Act 524).
Arrangement of meetings in support of a terrorist group
18.
(1)
A person who arranges, manages or assists in
arranging or managing a meeting which is
(a) to
support a terrorist group,
(b) to
further the activities of a terrorist group, or
(c)
to
be addressed by a person who belongs or
professes to belong to a terrorist group commits
an offence and is liable on conviction on
indictment to a term of imprisonment of not less
than seven years and not more than twenty five
years.
(2) In this section "meeting" means the coming together of two or
more persons whether or not the public is
admitted.
Specified terrorist entities
Order declaring entity to be a specified entity
19.
(1) The Minister may by an application ex-parte to the
Court seek an order declaring an entity to be a
specified entity if there is corroborative
evidence to support the information submitted by
a person who has knowledge that the entity has
(a)
committed,
(b)
attempted to commit,
(c)
participated in the commission of , or
(d)
facilitated the commission of a terrorist act.
(2)
The application may also be made by the Minister
upon reasonable grounds that an entity .
.. consciously acting
(a) on behalf of,
(b)
at
the direction of, or
(c)
in association with another specified entity.
(3) The entity
shall from the date of the order be a specified
entity.
(4) A specified
entity is proscribed.
Revocation of specified entity order
20.
(1) A specified entity may through a representative, make an
application to the Court for the revocation of
an order made in respect of that entity within
thirty days after the date of the order.
(2)
The Minister may apply for revocation of the
order if satisfied that there are reasonable
grounds for the revocation.
(3)
The Court may receive in evidence information
obtained from the Government, an institution or
agency of a foreign state or an international
organisation if the information is reliable and
relevant even if the evidence is not admissible
under the Evidence Act, 1975 (N.R.C.D. 323).
(4)
The evidence from the Government, foreign
Government, state or international organisation
shall be in the form of a deposition and shall
be corroborated.
Application for review
21. An
applicant aggrieved by the decision of the Court
may seek further remedies in Court.
Periodic review of specified entity orders
22.
The Court shall on application review specified entity orders
and may revoke an order if satisfied that there
is no longer justification for the order.
Meaning of specified entity
23.
A specified entity means a person, group, trust, partnership,
fund, body corporate or unincorporated or an
organisation associated with acts of terrorism
and declared to be a specified entity.
Search, seizure and forfeiture
of property
Search
24. (1)
Where the police have reasonable grounds to
suspect that there is
(a)
property to be used for the commission of a
terrorist act; or
(b)
terrorist property concealed or deposited on
premises, the police may enter the premises at
any time to search for the property and may
search any person who is in or on the premises.
(2)
The police may, if necessary, break open
premises and forcibly enter for the purpose of
conducting the search and may stop, search and
detain a conveyance suspected to be connected
with an offence under the Act.
(3) A police officer may
(a)
conduct a physical search of a person who the
officer has reason to believe is in possession
of;
(b)
search the property of a person where the
officer has reason to believe there may be
property liable to seizure or forfeiture
under this Act.
Obstruction of inspection and search
25. A person
who
(a) refuses
a police officer access to a premises or fails
to submit to a search;
(b)
assaults, obstructs, hinders or delays a police
officer in the discharge of a duty imposed by
this Act;
(c) fails
to comply with a lawful demand of a police
officer in the discharge of a duty under this
Act;
(d) refuses
or neglects to give information required under
this Act;
(e)
fails to produce, conceals or attempts to
conceal property liable to seizure under this
Act; or
(f) in
relation to a search or inspection furnishes
information to a police officer which the person
knows to be false commits an offence and is
liable on summary conviction to a fine of not
more than five hundred penalty units or to
imprisonment for a term of not more than two
years or to both.
Seizure of terrorist property
26.
(1) Where the police have reasonable grounds to
suspect that property has been, is being, or may
be used to commit an offence under this Act, the
property may be seized.
(2) The police shall make an
ex-parte application to a District Court or Circuit Court
for a detention order of the seized property
within ten days after the seizure of the
property.
(3) The District Court or Circuit Court shall
make a detention order in respect of the
property referred to in the application where
the person who appears to have an interest in
the property has had a reasonable opportunity to
be heard and there are reasonable grounds to
believe that the property has been, is being, or
may be used to commit an offence under this Act.
(4) A detention order is valid for sixty days
and may be renewed by the District Court or
Circuit Court for a further period of not more
than sixty days at a time until the proceedings
have been concluded.
(5) The District Court or Circuit Court may
release the property referred to in a detention
order if
(a)
there are no longer reasonable grounds to
suspect that the property has been or will be
used to commit an offence under this Act; or
(b)
proceedings are not commenced in a Court for an
offence under this Act in respect of that
property within six months after the date of the
detention order.
Management of seized property
27. (l) The District Court or Circuit Court may
at the request of the Minister, grant a
management order of seized property and
(a)
appoint a person to take control of and manage
or otherwise deal with the, whole or a part of
the property in accordance with the directions
of the District Court or Circuit Court; (b)
require a person in possession of the
property to give possession of the property to
the person appointed under paragraph (a).
(2) The power to manage or otherwise deal with
property under this section includes the power
to sell the property if the property is of
rapidly depreciating value.
(3) A management order shall cease to have
effect when the property is returned to an
applicant in accordance with this Act or
forfeited to the Republic.
Detection of seized property
28. (1) The District Court or Circuit Court may
order the destruction of seized property if
satisfied that it is dangerous to detain the
property or the property has little or no
financial or. other value.
(2) Property shall not be destroyed by a person
unless an application has been made to the
District Court or Circuit Court for a
destruction order by an authorised person.
(3) Before making a destruction order, the
Court shall require notice to be given to a
person with an interest in the property and the
person shall be given a reasonable opportunity
to be heard.
(4) The Minister may apply to the Court to
cancel or vary an order issued under this
section.
Orders for seizure and restraint of property
29.
(1) The Minister may make an
ex-parte application to the Court for a seizure or
restraint order where there are reasonable
grounds to suspect that there is property in
premises or in a vessel in respect of which a
forfeiture order may be made.
(2) The Justice of the High Court may issue
(a)
a
warrant authorising a police officer to search
the premises or vessel for the property and
seize the property and any other property which
the police officer reasonably believes may be
forfeited; or
(b)
a
restraint order prohibiting a person from
disposing of or otherwise dealing with an
interest in that property other than as may be
specified in the order.
(3) The application shall be heard by a Justice
of the High Court in chambers.
Orders for forfeiture of property
30.
(1) The Minister may make an
ex-parte application to the Court for an order of
forfeiture in respect of terrorist property.
(2) The Minister shall name as respondent
to the application only the person who is known
to own or control the property that is the
subject of the application.
(3) The Court upon hearing the application
may direct that notice be served on the
interested party.
(4) The Minister shall give notice of the
application to the respondent in the manner
directed by the Court.
(5) If the Court is satisfied on the balance of
probabilities that the property which is the
subject of the application is terrorist
property, the Court shall order that the
property be forfeited to the Republic or be
disposed of as directed by the Court.
(6) Where the Court refuses to grant a
forfeiture order, the Court shall make an order
that the property is not subject to a forfeiture
order.
Interested parties and forfeiture orders
31.
(1) The Court may in an action relating to
forfeiture pursuant to sections 24 to 30,
require notice to be given to a person who
appears to have an interest in terrorist
property and that person shall be added as a
respondent to the application.
(2) If the Court satisfied that the
person added as a respondent to the application
(a)
has an interest in the property the subject of
the application,
(b)
has exercised reasonable care to ensure that
the property is not from the proceeds of a
terrorist act, would not be used to commit or
facilitate the commission of a terrorist act and
would not be used by a terrorist group, and
(c)
is not a member of a terrorist group,
the Court shall order that the interest of that
person shall not be affected by the order and
the order shall also declare the nature and
extent of the interest of the person.
Orders for forfeiture of property on conviction
for
offences under
this Act
32.
(1) Where a person is convicted of an offence
under this Act or under any other enactment and
the act also constitutes a terrorist act, the
Court shall order that property
(a)
used for, or in connection with, or
(b)
obtained as proceeds from the commission of that
offence be forfeited to the Republic.
(2) Before making the order, the Court
shall give a person who appears to have an
interest in the property in respect of which
the order is proposed to be made an opportunity
to be
(3) Property forfeited to the
Republic shall vest in the Republic either
(a)
at the end of the period within which an appeal
may be made against the order where an appeal
has not been made against the order; or
(b)
on the final determination of the appeal if an
appeal has been made against the order.
(4) Property vested in the
Republic may be subject to public auction and
the proceeds shall be public funds.
Appeal and forfeiture orders
33.
(1) A person who claims an interest in property
that has been forfeited and who has not been
given notice under section 30(3) or 31(1) may
make an application to the Court of Appeal to
vary or set aside the forfeiture order not later
than ninety days after the day on which the
forfeiture order was made.
(2) Pending the determination of an appeal
against an order of forfeiture,
(a)
property restrained under section 29 shall
continue to be restrained,
(b)
property seized under a warrant issued under
that section shall continue to be detained
and a person appointed to manage, control or
otherwise deal with the property under that
section shall continue in that capacity.
Miscellaneousmattes
Intercepted
communications
34.
(1) A police officer not below the rank of an
Assistant Commissioner of Police may apply ex
parte to a Circuit Court for an order to
intercept communications for the purpose of
obtaining evidence of commission of an offence
under this Act.
(2) A police officer not below the rank of an
Assistant Commissioner of Police may make the
application only with the prior written consent
of the Minister.
(3) A Judge of the Circuit Court to whom an
application is made under subsection (1) may
make an order for the prevention of crime upon
reasonable grounds to
(a)
require a communications service provider to
intercept and retain a specified communication
or communications of a specified description
received or transmitted or about to be received
or transmitted by that communications service
provide~
(b)
authorise a senior police officer to intercept
or listen to a conversation provided by a
communications service provider,
(c)
authorise the senior police officer to enter
premises and install on the premises a device
for the interception and retention of specified
communications or communications of a specified
description and to remove and retain the device,
where there is reasonable suspicion of
commission of an offence under this Act, or the
whereabouts of a person suspected by the police
officer to have committed an offence is
contained in that communication or communication
of that description.
(4) Despite the Evidence Act, 1975 (N.R.C.D.
323) information contained in a communication
which is intercepted and retained in a foreign
state in accordance with the law of the foreign
state and certified by a judge of that foreign
state to have been intercepted, is admissible in
proceedings for an offence under this Act as
evidence of the truth of its contents even if it
contains hearsay but shall be corroborated.
Power to prevent entry and order the removal of
persons
35. (1) The Director of Immigration or an
officer authorised by the Director shall not
grant an endorsement or authority to permit a
person to enter this country if there are
reasonable grounds to suspect that the person
is, will or has been involved in the commission
of a terrorist act.
(2) Where the Minister responsible for Interior
has reasonable grounds to believe that a person
in this country, will or has been involved in
the commission of a terrorist act, the Minister
may order that person to be deported in
accordance with the Immigration Act 2000 (Act
573).
(3) A person with respect to whom an order under
subsection (2) is made is a prohibited
immigrant.
(4) A person with respect to whom an order under
subsection (2) is made, may be detained in the,
manner directed by the Minister responsible for
Interior and may be placed on a vessel or
aircraft leaving the country.
Information relating to passengers on vessels or
aircraft and persons entering or leaving the
country
36. (1) The operator of an aircraft or the
master of a vessel, arriving or departing from
the country or the operator of an aircraft
registered in the country or master of a vessel
registered in the country departing from a place
outside the country, shall provide information
(a)
relating to persons on board, or expected to be
on board the aircraft or vessel to the Inspector
General of Police,
(b)
relating to persons on board or expected to be
on board the aircraft or vessel to the competent
authority in a foreign state, as required by the
laws of that foreign state.
(2) The Director of Immigration may provide to
the competent authority in a foreign state
information relating to persons entering or
leaving the country by land.
'
(3) The provision of the information shall be
deemed not to contravene a provision of law
prohibiting the disclosure of the information.
(4) Information provided 1'0 the Inspector
General of Police shall not be used or disclosed
by the Inspector General except to protect
national security or public safety.
Power to refuse refugee application
37.
The Refugee Board established under the Refugee
Act, 1992 (P.N.D.C.L. 305D) shall take into
consideration national security and public
safety and may refuse the application of a
person applying for status as a refugee if the
Board has reasonable grounds to believe that the
applicant has committed a terrorist act or is or
is likely to be involved in the commission of a
terrorist act.
Evidence by certificate
38.
A
certificate purporting to be signed by an
appropriate authority to the effect that a thing
or substance described in a certificate is a
weapon, is hazardous, radioactive or a harmful
substance, a toxic chemical or microbial or
other biological agent or toxin, is admissible
in evidence without proof of the signature or
authority of the person appearing to have signed
it in a proceedings under this Act and, in the
absence of evidence to the contrary, is proof of
the facts stated in the certificate.
Regulations
39.
The Minister may by legislative instrument make
regulations
(a)
on the types of financial and other related
services which may not be provided to proscribed
specified entities;
(b)
specifying the reporting by accountable
institutions;
(c)
on the provision of information relating to
passengers on vessels cr aircraft and persons
entering or leaving the country, and specifying
the foreign states to which the i1'~formation
may be provided, and
(d)
generally to provide for the effective
implementation of the provisions of this Act.
Interpretation
40.
In this Act unless the context otherwise
requires,
"accountable institution" includes the Police
Service and the Immigration Service;
"communications" means a communication received
or transmitted by post or a telegraphic
telephone or other communication received or
transmitted by electric, magnetic,
electro-magnetic, electro-chemical or electro
mechanical energy;
"
communications service provider' means a person
who provides services for the transmission or
reception of communications;
"conveyance" means any kind of vehicle for the
transport of persons and property by land;
"counter-terrorism convention "means a
convention adopted by the United Nations
Security Council;
"Court" means High Court;
"entity" means specified entity;
"essential service" includes the police, fire,
health and other vital servIces;
"explosive" includes gunpowder, nitro-glycerine,
dynamite or other nitroglycerine admixture, gun
cotton, blasting powder, detonators and every
other substance used to produce a practical
effect by explosion;
"firearm" includes any gun, rifle, machine gun,
cap-gun, flint lock gun or pistol, revolver,
cannon or other firearms, any gun, air rifle or
air pistol whether whole or in attached pieces;
"ideological cause" includes racial or ethnic
cause;
"lethal device" includes weapon;
"Minister" means the Attorney-General and
Minister responsible for Justice;
"premises" includes a building, room, place,
structure, tent, caravan, land, ship, boat,
aircraft;
"property" means an asset of any kind, whether
corporeal or incorporeal, moveable or immovable,
tangible or intangible and legal documents or
instruments in any form including electronic or
digital, evidencing title to, or interest in
such assets including but not limited to bank
credits, travellers cheques, bank cheques, money
orders, shares, securities, bonds, drafts,
letter of credit;
"Republic" means the Republic of Ghana;
"terrorist group" means
(a)
an entity that has as one of its activities and
purposes, the commission of, or the facilitation
of a terrorist act; or
(b)
a
specified entity; "terrorist property" means
(a)
proceeds from the commission of a terrorist act;
(b)
property which has been, is being, or is likely
to be used to commit a terrorist act;
(c)
property which has been, is being, or is likely
to be used by a terrorist group;
(d)
property owned or controlled by or on behalf of
a terrorist group; or
(e)
property which has been collected for the
purpose of providing support to a terrorist
group or funding a terrorist act;
"utilities" includes electricity and
water;
"vessel" means any thing made or adopted
for the conveyance by water, of people or
property;
"weapon" includes a firearm, explosive,
chemical, biological or nuclear weapon.
Consequential amendment
41.
(1)
(a) The Criminal Procedure Code, 1960
(Act 30) is amended in section 96(7) by the
insertion after the word "of" of the words "acts
of terrorism, "
(b)
The Criminal Procedure Code, 1960 (Act 30) is
amended in section 147B by the insertion after
subsection (1) of the following new subsection
"(la) Where sentence is imposed
for an offence involving an act of terrorism,
the court on sentencing the offender, on its own
motion or on the application of the prosecutor
or the victim of the~ offence may make an order
for the offender to pay for the value of an)
property damaged as a result of the terrorist
act without limiting any civil action the victim
may take.'
the Criminal Procedure Code1960 (Act 30) is
amended in section 227 (1) by the deletion of
the word "male" after the word "Every"
(2) The Immigration Act 2000 (Act 573) is
amended in section 8 by the insertion of a new
paragraph after paragraph (i) of
sub-section (1) of the following
"(j)
is a person declared a specified entity under
section 19 of the Anti-Terrorism Act 2008 (Act )".
Modification
42.
The Criminal and Other Offences Act, 1960 (Act
29) shall be read as one with this Act and where
there is a conflict this Act shall prevail.
