PREVENTION OF TERRORISM ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation

PART II
PROHIBITION FOR ACTS OF TERRORISM

   4.   Definition and prohibition for terrorist act.

   5.   Commission of offence of terrorist meeting.

   6.   Offence of proscribed organization for commission of terrorist act.

   7.   Rendering support to terrorism.

   8.   Harbouring terrorist.

   9.   Possession of unauthorized articles, information, etc.

   10.   Prohibition against false threats of terrorist act.

   11.   Overriding effect.

PART III
SPECIFIED ENTITIES

   12.   International terrorism.

PART IV
OFFENCES

   13.   Provision or collection of funds to commit terrorist acts.

   14.   Collection of property or provision of property and services, for commission of terrorist acts.

   15.   Use property for commission of terrorist act.

   16.   Arrangements for retention or control of terrorist property.

   17.   Dealing with property owned or controlled by terrorist groups.

   18.   Soliciting and giving support to terrorist groups for the commission of terrorist act.

   19.   Harbouring of persons committing terrorist act.

   20.   Provision of weapons to terrorist group.

   21.   Recruitment of persons to be members of terrorist groups or to participate in terrorist act.

   22.   Promotion or facilitation of the commission of terrorist acts in foreign states.

   23.   Promotion of offences.

   24.   Conspiracy to commit offences under this Act.

   25.   Membership of terrorist groups.

   26.   Arrangement of meetings in support of terrorist groups.

   27.   Participation in the commission of offence under this Act.

PART V
INVESTIGATION OF OFFENCES

   28.   Powers of arrest.

   29.   Powers of Investigation in case of urgency.

   30.   Intelligence gathering.

   31.   Powers to intercept communications and the admissibility of intercepted communication.

   32.   Detention of aircraft or vessel.

   33.   Power to seize property used in communication of terrorist act.

PART VI
TRIAL OF OFFENCES

   34.   Jurisdiction to try offences under this Act.

   35.   Evidence by certificate.

   36.   Orders for forfeiture of property on conviction for offences under this Act.

PART VII
EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS

   37.   Exchange of information relating to terrorist groups and terrorist acts.

   38.   Counter terrorism conventions to be used as basis for extradition.

   39.   Offences not to be deemed political.

PART VIII
MISCELLANEOUS PROVISIONS

   40.   Duty to disclose information relating to offences and terrorist acts.

   41.   Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act.

   42.   Orders for seizure and restrain of property.

   43.   Orders for forfeiture of property.

   44.   Refusal of applications for registration and the revocation of registration of trustees linked to terrorist groups.

   45.   Provision of information relating to passengers of vessels and aircraft and persons entering and leaving the country.

   46.   Power to prevent entry and order the removal of persons.

   47.   Power to refuse refugee application.

   48.   Power to make Regulations.

PART IX
CONSEQUENTIAL AMENDMENTS

   49.   Amendment of the Criminal Procedure Act.

   50.   Amendment of the National Security Act.

   51.   Amendment of the Extradition Act.

   52.   Amendment of the Proceeds of Crime Act.

   53.   Amendment of the Immigration Act.

   54.   Amendment of the Evidence Act.

CHAPTER
THE PREVENTION OF TERRORISM ACT

An Act to provide for comprehensive measures of dealing with terrorism, to prevent and to co-operate with other states in the suppression of terrorism and to provide for related matters.

[15th June, 2003]
[G.N. No. 180 of 2003]

Act No. 21 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Prevention of Terrorism Act, 2002 and shall come into operation on such date as the Minister may, by Notice, published in the Gazette.

2.   Application

   (1) This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.

   (2) Any person who commits an offence punishable under this Act beyond the United Republic of Tanzania shall be dealt with under this Act in the same manner as if the act constituting an offence was committed in the United Republic of Tanzania.

3.   Interpretation

   In this Act, unless the context requires otherwise–

Please provide chapter no. of Prevention of Terrorism Act    "Act" means the Prevention of Terrorism Act, 2002;

   "aircraft" includes an aeroplane, glider and helicopter;

   "communication" means a communication received or transmitted by post, telegraphic, telephone or other communication received or transmitted by electricity, magnetism, or other means;

   "communication service provider" means a person who provides services for the transmission or reception of communication;

   "Court" means the High Court of Tanzania and, as the case may be, the High Court of Zanzibar;

   "financial institution" means a commercial bank, any other institution which makes loans, advances, investments or accepts deposits of money from the public and includes a financial institution as defined under the Banking and Financial Institutions Act * ;

   "group or entity" means a person, group trust partnership fund or an unincorporated association or organisation;

   "Master" in relation to a vessel, means the owner or a person for the time being incharge or command or control of a vessel;

   "Minister" means the Minister responsible for home affairs;

   "operation" in relation to an aircraft, means the owner or person for the time being incharge or command or control of an aircraft;

   "police officer'' means, except where the context requires otherwise, police officer of or above the rank of Assistant Superintendent of Police;

   "proceeds of terrorism'' means all kinds of properties which have been derived or obtained from commission of funds traceable to a terrorist act, and include cash irrespective of a person in whose name such proceeds are standing or in whose possession or control they are found;

   "property" means any property and any assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, interest in, such property or asset and includes bank account;

   "terrorist act" means an act or omission referred to under section 4 of the Act and the expression "terrorist" shall be construed accordingly.

PART II
PROHIBITION FOR ACTS OF TERRORISM (ss 4-11)

4.   Definition and prohibition for terrorism act

   (1) No person in the United Republic and no citizen of Tanzania outside the United Republic shall commit terrorist act and a person who does an act constituting terrorism, commits an offence.

   (2) A person commits terrorist act if, with terrorist intention, does an act or omission which–

   (a)    may seriously damage a country or an international organization; or

   (b)    is intended or can reasonably be regarded as having been intended to–

      (i)    seriously intimidate a population;

      (ii)    unduly compel a Government or perform or abstain from performing any act;

      (iii)    seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of country or an international organization; or

      (iv)    otherwise influence such Government, or international organization; or

   (c)    involves or causes, as the case may be–

      (i)    attacks upon a person's life which may cause death;

      (ii)    attacks upon the physical integrity of a person;

      (iii)    kidnapping of a person.

   (3) An act shall also constitute terrorism within the scope of this Act if it is an act or threat of action which–

   (a)    involves serious bodily harm to a person;

   (b)    involves serious damage to property;

   (c)    endangers a person's life;

   (d)    creates a serious risk to the health or safety of the public or a section of the public;

   (e)    involves the use of firearms or explosives;

   (f)    involves releasing into the environment or any part of it or distributing or exposing the public or any part of it to–

      (i)    any dangerous, hazardous, radioactive or harmful substance;

      (ii)    any toxic chemical;

      (iii)    any microbial or other biological agent or toxin;

   (g)    is designed or intended to disrupt any computer system or the provision of services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;

   (h)    is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

   (i)    involves prejudice to national security or public safety, and is intended, or by its nature and context, may reasonably be regarded as being intended to–

      (i)    intimidate the public or a section of the public;

      (ii)    compel the Government or an international organization to do, or refrain from doing, any act, and is made for the purpose of advancing or supporting act which constitutes terrorism within the meaning of this Act.

   (4) An act which–

   (a)    disrupts any services;

   (b)    is committed in pursuance of a protest, demonstration or stoppage of work,

shall be deemed not to be a terrorist act within the meaning of this section, so long and so long only as the act is not intended to result in any harm referred to in paragraphs, (a), (b), (c), or (d) of subsection (3).

   (5) In this Act, unless the context requires, otherwise, any reference to "terrorist act" shall include any act referred to in sections 5, 6, 7, 8, 9 and 10.

5.   Commission of offence of terrorist meeting

   A person commits an offence who–

   (a)    arranges, manages or assist in arranging or managing or participates in a meeting or an act knowingly that it is concerned with an act of terrorism;

   (b)    provides logistics, equipment or facilities for a meeting or an act knowingly that it is concerned with an act of terrorism; or

   (c)    attends meeting knowingly that it supports a prescribed organization or to further the objectives of proscribed organization.

6.   Offence of proscribed organization for commission of terrorist act

   (1) Where two or more persons associate for the purpose of, or where an organization engages in any act for the purpose of–

   (a)    participating, or collaborating, in an act of terrorism;

   (b)    promoting, encouraging or exhorting others to commit an act of terrorism; or

   (c)    setting up or pursuing acts of terrorism,

   (2) A person who belongs, or professes to belong, to a proscribed organization commits an offence.

   (3) It shall be a defence for a person charged under subsection (2) to prove that the organization in respect of which he is charged had not been declared a proscribed organization at the time the person charged became a member or began to profess to be a member of that organization and that he has not taken part in the activities of that organization at any time after it had been declared to be a proscribed organization.

7.   Rendering support to terrorism

   (1) A person commits an offence who, in any manner or form–

   (a)    solicits support for, or tenders support in relation to, an act of terrorism, or

   (b)    solicits support for, or tenders support to, a proscribed organization.

   (2) "Support" as used in subsection (1), means and includes–

   (a)    instigation to the cause of terrorism;

   (b)    offering of material assistance, weapons including biological, chemical or nuclear weapons, explosives, training, transportation, false documentation or identification;

   (c)    offering of or provision of moral assistance, including invitation to adhere to a proscribed organization;

   (d)    the provision of, or making available such financial or other related services to a terrorist, group or entity which is concerned with terrorist act;

   (e)    dealing directly or indirectly, in any property that is owned or controlled by or on behalf of any terrorist or any entity owned or controlled by any terrorist, including funds derived or generated from property owned or controlled, directly or indirectly, by any terrorist or any entity owned or controlled by any terrorist; or

   (f)    entering into or facilitating, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (e).

8.   Harbouring terrorists

   A person who harbours, conceals, or causes to be harboured or concealed, any person whom he knew to have committed or to have been convicted of, an act of terrorism, or against whom he knew that a terrorists warrant of arrest or imprisonment in relation to an act of terrorism had been issued, commits an offence.

9.   Possession of unauthorized article, information, etc.

   (1) A person shall commit an offence under this section who is in possession of any code, password, sketch, plan, model, note or other document, article or information which relates to or is used in a protected place or anything in that place, in contravention of this Act or the Protected Places and Areas Act *, or which has been entrusted to that person in confidence by any person holding office, or he had access to office from or which he has obtained or to which that person had access owing to the position or office held by him or as a person who is or was party to a contract with the Government.

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