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Funds and Other Related Measures) Regulations, 2013
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Contents
- Preamble
- Section 1 — In these Regulations, unless the context otherwise requires–
- Section 2 — (1) T hese Regulations shall apply to –
- Section 3
- Section 4
- Section 5 — (1) The Attorney-General shall chair all meetings of the
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16 — All designated lists issued by the United Nations, Regional
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32 — No claim or action, criminal or civil shall lie against the
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38 — (1) Without prejudice to sub-regulation (2), of Regulation
- Section 39 — For the purposes of this Part–
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47
- Section 48 — Any communication for transmission to the UN Sanctions
- Section 50
- Section 51
- Section 52 — Persons or entities designated as terrorist by the
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57
- Section 58
- Section 59
- Section 60
- Schedule
TERRORISM PREVENTION (FREEZING OF INTERNATIONAL TERRORISTS
FUNDS AND OTHER RELATED MEASURES) REGULATIONS, 2013
IN EXERCISE of the powers conferred upon the Unit by section
133 of the Anti-Money Laundering and Combating of Financing of
Terrorism Act, 2012 the Unit hereby makes the following Regulations.
PART I–PRELIMINARY
“confiscation” means the permanent deprivation of
funds or other assets by order of a competent
authority or a court and includes forfeiture;
“CISU” means the Central Intelligence and Security
Unit established under section 11 of the National
Security and Central Intelligence Act, 2002;
“Committee” means the Prevention of Terrorism
Committee established under Regulation 4 of these
Regulations;
Short title.
Interpretation.
“designated persons” means a natural person or legal
person or organisation designated by the Sanctions
Committee pursuant to a UNSCR or those natural
person or legal person or organisation designated
or accepted as appropriate by regional and national
jurisdictions pursuant to a UNSCR;
“Director” means the Director of the Financial
Intelligence Unit;
“funds” mean financial assets, property of any kind,
whether tangible or intangible, movable or
immovable, however acquired, and legal documents
or instruments in any form, including electronic or
digital, evidencing title to or interest in, the funds or
other assets, including bank credits, travelers’
cheques, bank cheques, money orders, shares,
securities, bonds, drafts or letters of credit, and any
interest, dividends or other income on or value
accruing from or generated by the funds or other
assets;
“Inter-Ministerial Committee” means the governing
body of the FIU;
“other assets” means property of every kind, whether
tangible or intangible, movable or immovable,
however acquired, and legal documents or
instruments in any form, including electronic or
digital, evidencing title to, or interest in such other
assets;
“supervisory authority” means the Bank of Sierra
Leone or other authority having oversight over a
reporting entity;
“terrorist” means a person who commits or attempts
to commit a terrorist act or who participates in or
facilitates the commission of a terrorist act or
conspiracy to do so;
“terrorist group “ means a structured group or
organization of more than two persons established
over a period of time and acting in concert to commit
terrorist acts;
“terrorist property” means the property of a terrorist
or any other property consisting of funds that are
intended to be used to finance or otherwise assist
the commission of a terrorist act;
“TOCU” means Transnational Organised Crime Unit;
“Unit” means the Financial Intelligence Unit
established under section 2 of the Anti-Money
Laundering and Combating of Financing of Terrorism
Act, 2012;
“UNSCR” means The United Nations Security Council
Resolutions;
“who finance terrorism” means any person, group,
undertaking or other entity that provides or collects,
by any means, directly or indirectly, funds or other
assets that may be used in full or in part, to facilitate
the commission of terrorist acts, or to any persons
or entities acting on behalf of, or at the direction of
such persons, groups, undertakings or other entities
and shall also include natural or legal persons who
provide or collect funds and other assets with the
intention that they should be used or in the
knowledge that they are to be used, in full or in part
in order to carry out terrorist acts;
“without delay” mean –
(a) in the case of preventing the flight or
dissipation of terrorist-linked funds or other
assets for the purposes of UNSCR 1267
2 3
(1999), within a matter of hours of a
designation by the Al-Qaida and Taliban
Sanctions Committee; and
(b) upon having reasonable ground, to suspect
or believe that a person or entity is a terrorist,
one who finances terrorism or a terrorist
organisation for the purposes of UNSCR
1373 (2001).
(a) the designated persons contained in the
Consolidated List of the United Nations
Committee (the Consolidated List)
(b) the designated persons contained in the List
drawn up by Sierra Leone, pursuant to any
existing or future law (the Sierra Leone List);
(c) the designated persons contained in the List
drawn up by Regional Member States of
ECOWAS (‘the Regional List’); and
(d) any dealing or transaction concerning the
designated person on the UN Consolidated
List, Regional List or Sierra Leone List
(together referred to in these Regulations ‘the
Lists’).
(2) These Regulations shall apply to any person or entity
notwithstanding any rights granted to or obligations imposed under
any existing international or local agreement or contract made prior
to the date of commencement of these Regulations.
PART II–AUTHORITIES FOR THE COORDINATION AND
IMPLEMENTATION OF THE REGULATIONS
The CISU shall be responsible for coordinating andimplementing the process for the freezing of funds and assets under
these Regulations.
(1) There is hereby established a body to be known asthe Prevention of Terrorism Committee (herein of after referred to as
the Committee) to support the CISU in implementing these
(2) The Committee shall comprise the following members–
(a) the Minister of Finance or his representative;
(b) the Minister of Foreign Affairs or his
representative;
(c) the Attorney-General or his representative;
(d) the Minister of Internal Affairs or his
representative;
(e) the Governor of the Bank of Sierra Leone or
his representative;
(f) the Director General CISU;
(g) the Head of the Office of National Security;
(h) the Director of Financial Intelligence Unit;
(i) the Inspector-General of Police;
(j) the Chief of Defence Staff;
4 5
Application.
CISU to
coordinate
implementation process.
Establishment
of Prevention
Terrorism
Committee .
(k) the Chairman of TOCU;
(l) the Registrar General; and
(m) the Chief Immigration Officer.
Committee and in the absence of the Attorney-General, a Minister
shall preside and in the absence of other ministers the Director General
of CISU shall chair such meetings.
(2) Each member shall have one vote but where there is
an equality of votes, the Chairman or other member presiding shall
have a casting vote.
(3) All acts, matters or things authorized or required to
be done by the Committee shall be decided at a meeting where a
quorum is present and the decision is supported by the votes of a
majority of the members.
(4) The quorum for a meeting of the Committee shall be
seven.
The CISU shall co-ordinate with the Committee, competentauthorities and authorized parties in implementing Sierra Leone’s
obligations under Security Council Resolutions and other relevant
resolutions regarding, among others, the banning of travel, granting
of visas and purchase of arms by the designated individuals, entities
and organisations to whom these Regulations apply.
PART III–FUNCTIONS AND POWERS OF THE AUTHORITIES
(1) The CISU in coordination with the Committee,supervisory authorities and competent authorities, shall collate,
update and review the List of designated persons issued by the
United Nations, Regional Member States of ECOWAS or the
Government of Sierra Leone.
(2) The list referred to in sub-regulation (1) shall be
reviewed on a regular basis in order to conform to the most recent
lists issued by the bodies referred to in sub-regulation (1).
(3) Upon receipt of a designated list of persons or
organizations from the United Nations, Regional Member States of
ECOWAS or Government of Sierra Leone, the CISU shall, within 48
hours of receipt of such list, take all necessary measures to disseminate
such list to financial institutions, designated non-financial businesses
and professions, members of the Committee, supervisory authorities
and relevant competent authorities.
(4) As soon as a designated list is received and
disseminated the Director-General shall convene an emergency
meeting of the Committee after consultations with the Attorney-
General.
(5) Financial institutions and designated non-financial
businesses and professions shall, upon receipt of a list of designated
persons or organizations, refer to the CISU for clarification about the
identity of persons and organizations.
(6) The CISU shall put in place procedures to facilitate
the timely processing of clarification and resolution of disputes
relating to name of persons and organizations in the list of designated
persons.
(7) Whenever the Government declares that a person or
group is a suspected international terrorist, the Committee shall enter
the name and other details of such a person or group in the Sierra
Leone List.
The Committee may remove or amend the name of adesignated person or group or any other relevant details under the
Sierra Leone list whenever the Government revokes or amends a
declaration under sub-regulation (7) of Regulation 7.
6 7
Coordination.
List of
designated
persons,
organisations,
etc.
Amendment
of list.
Meetings of
Committee.
The CISU shall disseminate the Sierra Leone List, includingany revision or amendment made to it, to all relevant authorities and
reporting entities.
The Unit and the CISU shall develop a mechanism tomonitor financial institutions and designated non financial businesses
and professions to whom these Regulations apply and make
recommendations to the Committee for the imposition of financial or
administrative sanctions for non-compliance.
The Committee shall impose administrative or financialsanctions on financial institutions and designated non-financial
businesses and professions for non-compliance with these
The Committee shall have powers connected with theimplementation of United Nations Security Council Resolutions,
successor resolutions and other relevant Resolution for which these
Regulations are issued.
The Committee may recommend measures or issuedirectives to CISU that are necessary for the implementation of these
PART IV–DISTRIBUTION PROCEDURES FOR LIST OF
DESIGNATED PERSONS AND ORGANISATIONS
(1) A distribution chain procedure shall be implementedfrom time to time in accordance with the distribution flow chart set
out in the First Schedule to enhance the expeditious dissemination
of the designated list to all Ministries , Departments, Agencies and
reporting entities.
(2) The CISU shall after consultations with the Committee
amend the procedures and the flow chart from time to time for the
effective and consistent implementation of the distribution chain
procedure.
The Minister responsible for foreign affairs andinternational cooperation shall, without delay, forward the listing or
delisting of any individual, entity or organization in accordance with
the flow chart specified in the First Schedule subject to financial
sanctions or other restrictions related to terrorism or proliferation of
weapons of mass destruction and freezing of assets.
Member States of ECOWAS and the Government shall be distributed
by the CISU to all competent authorities and reporting e n t i t i e s
within 48 hours of its release.
Reporting entities or agencies within Sierra Leone shallrefer to the designated List to screen their customers.
(1) Where a reporting entity or agency discovers aname match with that on the designated list, the reporting entity or
agency shall verify that name match through its supervisory body or
where the supervisory body does not exist through the Director
General of CISU.
(2) Where a match of any customer of a reporting entity
or agency with particulars on the designated list is established beyond
doubt, that reporting entity or agency shall prevent that designated
person or entity from conducting any transaction with the reporting
entity or agency without prejudice to file immediately a suspicious
transaction report with the Unit.
(3) Upon receipt of a suspicious transaction report under
sub-Regulation (2), the Director shall immediately notify the Inter-
Ministerial Committee, the Attorney General and the Director General
of CISU.
The Director General of CISU shall take prompt andnecessary actions to notify any individual or entity whose particulars
appear on a designated list pursuant to UNSCR 1373.
8 9
Recommend
measures and
issues
directives.
Distribution
chain
procedure.
Minister of
Foreign
Affairs to
forward listing
or delisting.
Designated
list to be
distributed by
CISU.
List to be used
to screen
customers.
Verification
of name
match.
Notification
of individuals
who appear
on list.
Dissemination
of Sierra
Leone list.
Mechanism to
monitor
compliance .
Administrative
or financial
sanctions.
Implementation
of UNSC
resolutions.
Law enforcement and other agencies shall coordinate theirefforts, use and share intelligence materials in developing each case
of designation.
PART V–FREEZING OF FUNDS AND OTHER ASSETS
Where funds or other economic resources owned, held orcontrolled by a designated individual, entity, undertaking or groups
are held within the jurisdiction of Sierra Leone, the funds and other
economic resources shall be frozen upon establishing beyond doubt
that a designated person or entity is the owner, controller or beneficiary
of the funds or economic resources.
In determining whether the funds or other economicresources are owned or controlled by a designated person or entity
the fact that such funds are held in the name of a relation or associate
shall be immaterial.
Where funds are held or controlled by a third party towhich a designated person or entity remain the beneficial owner,
those funds shall be frozen as if they were held or controlled by the
designated person or entity.
Funds frozen under these Regulations shall be withoutprejudice to the rights of third parties acting in good faith.
(1) A freezing order shall take place without prior noticeto the designated individual or entity.
(2) Freezing of funds and assets shall be carried out
without delay and upon having reasonable grounds, or a reasonable
basis, to suspect or believe that a person or entity is a designated
terrorist.
(3) All funds and other economic resources frozen under
these Regulations shall be recorded against the names of the owners
and beneficial owners for proper management.
(4) Without prejudice to Regulations 21 to 24 funds or
other economic resources frozen under these Regulations, shall
provide for the disposal of that part of the funds or other resources
for the maintenance of dependants, to cover cost of legal fees to
defend an action against inclusion on the designated list.
Where a financial institution, designated non financialbusinesses or profession have been issued with designated list issued
by the United Nations, Regional Member States of ECOWAS or the
Government of Sierra Leone they shall refer to that list prior to
conducting any transaction or establishing a business relationship
with any person or entity to ascertain whether or not the name of
such person or entity is on the designated list.
(1) Where the name of a person or an entity is verified tobe on the designated list, the reporting entity shall block the funds or
any other economic resources belonging to or connected to that
person or entity and shall forthwith submit a suspicious transaction
report to the Unit.
(2) A report of a suspicious transaction made by an entity
under sub-regulation (1), shall state–
(a) the information or other matter on which the
knowledge or suspicion is based;
(b) any information it holds about the person or
group by which the person or group can be
identified and the nature and the amount or
quantity of any funds or economic resources
held by the reporting entity for the person or
group at any time up to 5 years prior to the
designation being made.
(3) A person contravenes sub-regulation (1) if he deals
with the funds or other economic resources, knowingly, or having
reasonable cause to suspect that the funds or economic resources
were owned or controlled by a designated person or entity and fails
to file a suspicious transaction report.
10 11
Determining
owner of
funds.
Funds
controlled
by third party.
Blocking of
funds after
verification.
Coordination
of efforts.
Funds held
within Sierra
Leone.
Third party
rights.
List issued by
UN etc.
Freezing
order.
PART VI–EMERGENCY PREVENTIVE FREEZING
MEASURES BY THE UNIT
(1) Without prejudice to Part V, the Director shall onreceipt of any list of designated persons or groups declared as
terrorists or terrorist group, institute preventive measures, by order
in writing or electronic mail or any other means of communication
cause to be frozen instantaneously the funds or other assets of a
designated person or group on the list for a maximum period of 48
hours pending CISU initiating action and shall ensure that no funds
or other assets are made available, directly or indirectly, to or for the
benefit of that designated person or group.
(2) Where the Director, has taken the appropriate
measures under sub-regulation (1), he shall immediately inform
members of the Committee and the CISU.
(3) The freezing order of the Director shall not prevent
CISU from taking over the freezing process before the lapse of the 48
hours where the CISU indicates clearly that it was taking over the
freezing of the funds or assets of the designated person or group.
(4) Funds frozen by the Director shall include funds or
other assets–
(a) wholly or jointly owned or controlled, directly
or indirectly, by a designated person, a
terrorist, a person who finances terrorism or
a terrorist organization;
(b) derived or generated from funds or other
assets owned or controlled directly or
indirectly by a designated person, a terrorist,
a person who finances terrorism or a terrorist
organisation.
The Attorney-General shall without delay, submit a reporton the freezing of funds and other assets of a designated person or
group to the relevant UN Sanctions Committee through the Ministry
of Foreign Affairs.
The Unit shall disseminate information on the actions bylocal and foreign competent authorities, including Financial
Intelligence Units and other entities who are responsible for counterterrorism and counter-financing of terrorism matters.
Where the Director, acting in good faith freezes funds orother economic resources in error and the error is discovered before
the lapse of 48 hours or the intervention of the CISU, the Director
shall immediately cause such funds or other economic resources to
be unfrozen and submit a report to the Committee.
Director for any financial loss or reputational damage caused to a
person or entity where the funds or other economic resources frozen
was done in error provided that the Director acted in good faith.
PART VII–PROHIBITION AGAINST MAKING FUNDS OR
ECCONOMIC RESOURCES AVAILABLE TO DESIGNATED
PERSONS OR ORGANISATIONS
A person or reporting entity shall not make available directlyor indirectly any funds or other assets that are frozen under these
Regulations to or for the benefit of a designated person or entity.
No person shall participate knowingly or intentionally inany activity that circumvents any prohibitions under these
No person or reporting entity shall, prior to effecting thefreezing order, tip-off a designated person or entity that is subject to
Parts VI and VII of these Regulations.
12 13
Attorney
General to
submit report.
FIU to
disseminate
information
Funds frozen
in error.
Immunity.
Prohibition
on making
frozen funds
available.
Circumventing
prohibitions.
Tipping-off.
Director to
institute
preventive
measures.
No person or reporting entity shall aid and abet theconcealment of funds or assets owned and controlled by a designated
individual or entity with the intent to circumvent the freezing of funds
and assets.
A person who contravenes any Regulation under this Partcommits an offence where–
(a) in the case of funds, that person knows or
ought to know or ought to have reasonably
suspected that the funds were being made
available directly or indirectly, to or for the
benefit of a designated person or entity; or
(b) in the case of other economic resources, that
person knows or ought to know or have
reasonable suspicion that the –
(i) economic resources were being made
available, directly or indirectly for the
benefit of a designated person or entity;
(ii) the designated person or entity would
be likely to exchange the economic
resources or use them in exchange for
funds, goods or services.
27 and Part VIII funds accruing to a frozen account including–
(a) interest or other earning due,
(b) payment due under contracts, agreements or
obligations that were concluded before the
freezing order came into effect, and
(c) funds transferred to the account,
shall be credited as receipts from additional funds and shall
constitute part of the frozen funds and the reporting entity or
institution shall file a report of the receipt of such additional funds
with the Unit which shall report to the Committee.
(2) Where there is no existing account for the receipt of
funds as provided under these Regulations, the Unit or CISU shall
inform the Attorney-General for appropriate action to be taken in this
respect.
(a) funds or other assets shall be made available
for the benefit of a designated person if that
designated person obtains or is able to obtain
a significant financial benefit; and
(b) “financial benefit” includes the discharge of
a financial obligation for which the
designated person is wholly or partly
responsible.
PART VIII-–CONDITIONS AND PROCEDURES FOR
UTILISATION OF FROZEN FUNDS OR ASSETS
(1) A person or reporting entity shall not deal with fundsor other assets owned, held or controlled by a designated person or
entity if that person or reporting entity knows, or ought to know or
has reasonable cause to suspect, that the person or entity is dealing
with funds or economic resources of a designated person or entity.
(2) For the purposes of this Regulation “deal with”
means–
14 15
Funds credited
as receipts.
Funds or
assets made
available to
designated
persons.
Funds or
other assets
owned , held
or controlled
by designated
person or
entity.
Aiding and
abetting
concealment
of funds.
Penalty.
(a) in relation to funds–
(i) use, alter, move, allow access to, or
transfer;
(ii) deal with the funds in any other way
that would result in a change in their
volume, amount, location, ownership,
possession, character or destination, or
(iii) make any other change that would
enable use of the funds, including by
way of, or in the course of portfolio
management; or
(b) in relation to other assets, exchange, or use
in exchange, for funds, goods or services.
(1) Part VI and Regulation 40 shall not apply where aperson credits a frozen account with–
(a) interest or other earning due on that account;
(b) a payment due under a contract, agreement
or regulation;
(c) a payment in favour of a designated person
where the interest, other earnings and
payments are subject to the assets freeze.
(2) Part VI and Regulation 40 shall not prevent an
institution from crediting a frozen account where it receives funds
transferred to the account.
(3) Regulation 40 is not contravened where a payment–
(a) is a benefit under or by virtue of a relevant
enactment irrespective of the name or nature
of the benefit, and
(b) is made to a person who is not a designated
person, whether or not the payment is made
in respect of a designated individual terrorist,
entity or organisation.
(4) A reporting entity shall, without delay, inform the
Committee, the Directors of CISU and the Unit where that reporting
entity credits a frozen account–
(a) with payment referred to in paragraph (b) of
sub- regulation (1) or
(b) in the circumstances referred to in Subregulation ( 2).
(1) Subject to a written approval by the Attorney-Generala designated person or entity shall be granted licensed access to
funds frozen under these Regulations for meeting basic needs of the
designated person on the relevant list and other expenses including
food, rental, education , fees, charges, real estate, mortgage, medical
bills, taxes, insurance premium and such other expenses as the
Attorney-General may approve
(2) Application for use of frozen funds or assets pursuant
to subregulation (1) shall be made to the Attorney-General by
designated persons or entities or their authorized representatives
with supporting documents.
(3) The Attorney-General shall consider the application
and may grant, reduce or refuse the request made in the application
as considered reasonable in the circumstances.
16 17
Licence to
access frozen
funds.
No n
application of
(4) In the case of a designated person on the UN
Consolidated List, upon receipt of the application, the Attorney-
General shall inform the appropriate UN Sanctions Committee of his
intention to approve the utilization of the frozen fund or any part
thereof and where the UN Sanctions Committee fails to responds
within seven working days indicating its approval or objection the
funds may be utilized as directed by the Attorney-General.
(5) Where any entity or person in custody is the owner
or controller or beneficiary of frozen funds or other economic assets
they shall be informed in writing of the approval or refusal by the
Attorney-General.
(6) A designated person or entity on either of the UN
consolidated List, Regional Member States of ECOWAS list or
Government of Sierra Leone list making an application for utilisation
of frozen funds or assets shall be informed in writing of the approval
or rejection of their application.
PART IX-–REVIEW, DELISTING AND UNFREEZING
(1) Where funds or assets of a person or entity are frozenin error because of similarity of particulars or wrong entry in the lists
or in the account of a person or entity being investigated or because
of any other error, the person or entity affected may apply to the
Attorney-General for delisting and unfreezing of the funds or assets.
(2) Upon receipt of the application referred to in subregulation (1), the Attorney-General shall where the application relates
to–
(a) any UN Consolidated List, take a decision
within 21working days from the date of
receipt of the application and after
consultations with the appropriate Sanctions
Committee of the UN; and
(b) the Sierra Leone List, determine the
application within 14 working days from the
date of receipt of the said application.
(3) The Attorney-General shall inform the applicant and
all other relevant authorities of any decision in writing.
(1) A designated person who objects and wishes to havehis name deleted from the lists may in the case of–
(a) Sierra Leone List submit an application to the
Committee which shall recommend its
approval or objection to the Attorney-
General;
(b) UN Consolidated List, submit an application
through the Attorney-General to the UN
Ombudsman stating reasons for the
application.
(2) Where a decision is taken by the Committee to delist
in the case of the Sierra Leone List, it shall inform all institutions
holding funds or assets that are the subject of a freeze and
instructions for delisting and unfreezing of funds and other assets
shall be issued publicly.
Institutions acting under these Regulations to freeze assetsor funds shall not be held liable for any damages caused to a person
or entity when done in good faith.
(1) Without prejudice to available procedures, a petitionerresident in Sierra Leone may petition the Government to review the
Regional Member States of ECOWAS list.
(2) The petitioner referred to in sub regulation (1) shall
provide justification and relevant information in support of the
petition.
(3) The Government upon review of the justification and
relevant information shall seek additional information and hold
consultations on the delisting request with the Government of the
designating country that originally proposed the designation.
(4) The original designating country may request
additional information from the Government regarding the petition.
18 19
Funds or
assets frozen
in error.
Deleting
name from
list.
Immunity.
Petition of
regional list.
(5) If, after reviewing any additional information, the
Government wishes to pursue a delisting request, it shall persuade
the designating Government to submit jointly or separately a request
for delisting to the appropriate Sanctions Committee.
(6) The Government may submit a request for delisting
to the UN Sanction Committee pursuant to the no-objection procedure
without any accompanying request from the original designating
Government
Where the Attorney-General reasonably believes adesignated person is deceased, he shall in relation to the–
(a) Sierra Leone List, delete the name and other
details of the designated person; or
(b) UN Consolidated List, request the Sanctions
Committee to delete the name and other
details of the designated person.
Committee under these Regulations shall be effected by theAttorney-
General through the Ministry of Foreign Affairs.
49.The Attorney-General may request a designated person to
provide information relating to–
(a) funds and economic resources owned, held
or controlled by the designated person; or
(b) any disposal of such funds or economic
resources whether disposal occurred before
or after the person became a designated
person.
PART X- INFORMATION AND REPORTING OBLIGATIONS
The CISU through the Attorney-General shallmaintain and disseminate a comprehensive and updated list of
designated persons and entities to the relevant authorities.
The Attorney-General after consultation with the Committeemay issue guidelines for the effective implementation of–
(a) prohibition and restriction on travel, visas
and purchase of arms in the relevant Security
Council Resolutions and in any subsequent
Resolutions in respect of a designated
person;
(b) prohibition of transactions or dealings for the
supply of arms to or the conduct of training
for designated persons.
Government shall be notified by the Attorney-General.
Institutions holding funds or assets for designatedpersons or entities shall notify the Attorney-General, CISU, Unit or
relevant supervisory authority within 24 hours of holding the funds
or assets and proceed with the freezing of funds and assets without
notifying the designated persons or entities .
The Attorney-General upon the application of the reezingmeasure under these Regulations shall inform the designated person
in writing or in any other manner considered appropriate the reason
for his inclusion in the List .
The Attorney-General shall inform a designated personabout the possibility of–
(a) utilizing part of the frozen funds or other
resources in accordance with these
Regulations; and
(b) submitting complaints to the Attorney-
General or the UN Ombudsman in accordance
with sub-regulation (2) of Regulation 43 and
Regulation 44.
(1) The Lists to which these Regulations apply shallcomprise information pertaining to the designated person for the
purpose of determining his identity.
(2) Information pertaining to a designated person shall
include–
(a) name of the person, family and pseudo names
and titles, if any;
(b) place and date of birth or if a company the
date of registration including the registration
number;
(c) nationality or address of the registered office;
(d) sex;
20 21
Procedure for
transmitting
communication.
Attorney-
General
requesting
information.
Dissemination
of list.
Guidelines.
Notification
of terrorist.
Freezing of
funds and
assets.
Reasons for
inclusion.
Designated
person
deceased.
Utilizing part
of frozen
fund,
submitting
complaints.
Application
of list.
22 23
Failure to
comply
directives.
Contravention
by Sierra
Leoneans .
Failure to
submit report
Failure to
freeze funds
and assets.
(e) addresses;
(f) occupation or job;
(g) date of inclusion of name in the lists; and
(h) any other information as may be considered
relevant by the Attorney-General or approved
by the Sanctions Committee.
PART XI – PENALTIES AND SANCTIONS
A Sierra Leonean, whether domiciled in Sierra Leone ornot, who contravenes these Regulations commits an offence and
shall be liable, on conviction, to a fine of not less than Le 1,000,000.00
or to a term of imprisonment of not less than six months or to both
such fine and imprisonment.
(1) A reporting entity who fails to submit a report asrequired under these Regulations commits an offence and shall be
liable, on conviction, to a fine of not less than Le 1,000,000.00 and Le.
2,000,000.00 for each day on which the failure continues.
(2) If a failure to submit a report as required under these
Regulations is investigated and proven to be intentional in order to
circumvent these Regulations or cause a delay to any action that
would otherwise have been taken by the CISU, the FIU or the
Prevention of Terrorism Committee, the reporting entity shall be liable,
on conviction, to a fine of not less than Le 10,000,000.00 and Le
2,000,000.00 for each day on which the failure continues.
A reporting entity that fails to freeze funds and assets ofdesignated persons or entities with whom they have a business
relationship after receipt of the designated list, commits an offence
and shall be liable, on conviction, to a fine of Le 100,000,000.00 and
Le 20,000,000.00 for each day on which the failure continues.
A reporting entity that fails to comply with directives issuedby a competent authority under these Regulations commits an offence
and shall be liable, on conviction, to a fine of Le 10,000,000.
SIERRA LEONE: DISTRIBUTION MAP FOR UNSC CFT/NPF LISTS
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
GAZETTE NO. 50 OF 3RD OCTOBER, 2013.
MADE this 2nd day of October, 2013.
KAIFALA MARAH (DR.),
Minister of Finance and Economic Development,
Chairman, Inter-Ministerial Committee.
For and on behalf of the Financial Intelligence Unit.
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.