Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)

53 Assisting another to retain proceeds of terrorist-related activities. U.K.

(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—

(a) the retention or control by or on behalf of another (referred to hereafter as “A”) of A’s proceeds of terrorist-related activities is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or

(b) A’s proceeds of such activities—

(i) are used to secure that funds are placed at A’s disposal; or

(ii) are used for A’s benefit to acquire property by way of investment,

knowing or having reasonable cause to suspect that A is a person who engages in or has engaged in such activities or has benefited from such activities, he is guilty of an offence.

(2) In this section references to any person’s proceeds of terrorist-related activities include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of such activities.

(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, then, if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—

(a) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or

(b) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.

[F1 (3A) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.]

(4) In proceedings against a person for an offence under this section it is a defence to prove—

(a) that he did not know or suspect that the arrangement related to any person’s proceeds of terrorist-related activities; or

(b) that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above; or

(c) that—

(i) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but

(ii) there is reasonable excuse for his failure to make disclosure in accordance with that subsection.

[F2 (4A) In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.]

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

Textual Amendments

F1 S. 53(3A) inserted (15.2.1994) by 1993 c. 36, s. 47(1) (with s. 78(6)); S.I. 1994/71, art. 3, Sch.

F2 S. 53(4A) inserted (15.2.1994) by 1993 c. 36, ss. 47(2) (with s. 78(6)); S.I. 1994/71, art. 3, Sch.

Modifications etc. (not altering text)

C1 S. 53 applied (1.8.1994) by S.I. 1994/1760, art. 3