ACT 875
THE EIGHT HUNDRED AND SEVENTY-FIFTH ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA·
ENTITLED
ANTI-TERRORISM (AMENDMENT) ACT, 2014 ACT 875
AN ACT to amend the Anti-Terrorism Act, 2008 (Act
762) to clarify the power of the High Court to order
the funds and other assets of a terrorist,
financiers of terrorism or a terrorist organisation
to be frozen and to provide for related matters.
DATE OF ASSENT: 24th April, 2014
PASSED by Parliament and assented to by the
President:
Section 5 of Act 762 amended
1. The Anti-Terrorism Act, 2008 (Act 762) referred
to in this Act as the principal enactment is amended
in section 5 by the substitution for subsection (2)
of
"(2) The High Court shall order the funds and other
assets of
(a)
a terrorist,
(b)
a financier of terrorism, or
(c)
a terrorist organisation
to be frozen and any person holding the funds shall,
without delay, freeze them."
Section 40 of Act 762 amended
2. The principal enactment is amended in section 40
by
(a)
the insertion of a new definition after "accountable
institu- tion" of
Anti-Terrorism (Amendment) Act, 2014
"
''''Committee'' means the Implementation Committee
established under section 1 of the Instructions for
the Implementation of United Nations Security
Council Resolutions 1267 (1999),1373 (2001),1718
(2006),1737 (2006), Successor Resolutions and Other
Relevant Resolutions, 2013 (E. I. 2)";
(b)
the insertion of a new definition after "firearm" of
" "funds or other assets" include
(a)
financial assets, economic resources, property of
every kind, whether tangible or intangible, movable
or immovable, however acquired, and
(b)
legal documents or instruments in the nature of
(i) electronic or digital
documents, evidencing title to, or interest in,
those funds or other assets,
(ii)bank credits, traveller's cheques, bank cheques,
money orders, shares, securities, bonds, drafts, or
(iii) other letters of credit and any interest,
dividends or other income on or value accruing from
or generated by those funds or other assets";
(c)
the insertion of a new definition after "terrorist
group" of " "terrorist organisation" means any group
of terrorists that
(a)
commits or attempts to commit a terrorist act by any
means, directly or indirectly;
(b)
participates as an accomplice in a terrorist act;
(c)
organises or directs others to commit a terrorist
act; or
(d)
contributes to the commission of a terrorist act by
a group of persons acting with a common purpose
where the contribution is made intentionally and
with the aim of furthering the terrorist act or with
the knowledge of the intention of the group to
commit a terrorist act";
(d)
the substitution for the definition of "terrorist
property" of
" "terrorist property" means
(a)
proceeds from the commission of a terrorist act;
(b)
property which has been, is being or is intended to
be provided or used to commit a terrorist act;
(c)
property which has been, is being, or is intended to
be provided to or used by a terrorist or a terrorist
organisation;
(d)
property owned or controlled by or on behalf of, or
otherwise related or linked to a terrorist, a
terrorist organisation or those who finance
terrorism; or
(e)
property which has been collected for the purpose of
providing support to a terrorist or a terrorist
organisation or funding a terrorist act";
(e)
the insertion of a new definition after "weapon of
mass destruction" of
" "without delay" means within a matter of hours of
(a)
in the case of the United Nations Sanctions List and
freezing actions dealing with third party requests,
receipt of information relating to the listing or
delisting of a terrorist individual, entity or
organisation,
(b)
in the case of or designation by the Committee,
confirmation by order of the Court, or
(c)
upon having reasonable grounds, or a reasonable
basis to suspect or believe that an individual,
entity or organisation is a terrorist, one who
finances terrorism or a terrorist organisation."
Date of Gazette notification: 25th April,
2014.
GPCLlASSEMBLY PRESS, ACCRA. GPCLlAI
82/350/04/20 14
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