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  • The Bill also seeks to implement special recommendations made by the financial action task force
  • Some of the provisions include expanding the definition of ‘applicable property’
  • A decision has also been taken to amend the Act to enable the Financial Investigative Division to apply for monitoring orders

The Senate was on Friday, September 13, presented with a Bill to amend the Terrorism Prevention Act to enable Jamaica to ratify the International Convention for the Suppression of Acts of Nuclear Terrorism.

The Bill also seeks to implement special recommendations made by the financial action task force in regards to money laundering and terrorism financing.

The Terrorism Prevention (Amendment Act) 2013 was tabled by Minister of Foreign Affairs and Foreign Trade, Senator AJ Nicholson.

Some of the provisions include expanding the definition of ‘applicable property’ to include property in the hands of the recipient of a tainted gift.

According to the Act ‘applicable property’ means any property that has been used, in whole or in part to facilitate or carry out a terrorism offence; or derived, obtained or realised directly from the commission of a terrorism offence.

Amendments are also being made to Section 28 of the Act to allow the Court to make an order for the monetary payment by the offender where in specified circumstances, applicable property is not susceptible to the making of a forfeiture order.

Changes are also being made to provide for protection to innocent third parties in possession of applicable property.

A decision has also been taken to amend the Act to enable the Financial Investigative Division to apply for monitoring orders, examination and production orders, and forfeiture orders, and restrain orders under the Act.

Currently these powers only reside in the Director of Prosecutions, who will retain these powers.

A decision has also been taken to amend the Act to provide for additional offences so as to enable Jamaica to ratify the International Convention for the Suppression of Acts of Nuclear Terrorism done at New York on September 14, 2005.

Also the Act is being amended to accede to the 2005 amendment to the Convention on the Physical Protection of Nuclear Material; and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms.

The Bill also seeks to amend the Extradition Act and the Mutual Assistance (Criminal Matters) Act consequentially to include the above mentioned treaties falling within the provisions of those Acts. This is with a view to enabling arrangements between Jamaica and other States parties to the treaties for extradition and mutual assistance in respect of the new offences.