9

ORDINANCE VIII OF 2013 ORDINANCE VIII OF 2013 ANTI-TERRORISM (AMENDMENT) ORDINANCE, 2013 An Ordinance further to amend the Anti-Terrorism Act, 1997 [Gazette of Pakistan Extraordinary, Part I, 14th October, 2013. No F .2(1)/2013-Pub., dated 12-10-2013.---The following Ordinance promulgated by the President is hereby published for general information:-- Whereas it is expedient further to amend the Anti-Terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing; Whereas the Ordinance aims at addressing shortcomings relating to the terrorism financing provisions in the Anti-Terrorism Act, 1997. In particular, the Ordinance strengthens the provisions creating the offence of terrorism financing; covering all aspects of the offence in the light of international standards and provides for more effective measures for law enforcement agencies to investigate the offences; Whereas the provisions on freezing, seizing and forfeiture of property involved in the terrorism financing offence have been strengthened to ensure that the funding of the terrorism financing offence is detected and seized after due process of law; And Whereas the National Assembly and the Senate are not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; Now, therefore in exercise of the' powers conferred by clause (I) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 9. Substitution of section 110, Act XXVII of 1997.---In the said Act, for section 110, the following shall be substituted, namely:-- "110. Seizure, freeze and detention.---(1) On proscription made under section 11B or, as the case may be, section 11 EE,- (a) the money or other property owned or controlled, wholly or partly, directly or indirectly, by a proscribed organisation or proscribed person shall be frozen or seized, as the case may be; (b) the money or other property derived or generated from any property referred in clause (3) shall be frozen or seized, as the case may be; (c) no person shall use, transfer, convert, dispose of or remove such money or other property with effect from proscription; and (d) within forty-eight hours of any freeze or seizure, the person carrying out the freeze or seizure shall submit a report containing details of the property and the persons affected by the freeze or seizure to such office of the Federal Government as May be notified in the official Gazette. (2) Any person who violates any provision of subsection (1) shall be liable to penalty of fine up to ten million rupees. (3) If a legal person violates any provision of subsection (1), such person shall be liable to penalty of fine up to ten million rupees and every director, officer or employee of such person found guilty of the violation shall be punished in terms thereof. (4) On an application made by any affected person, the Federal Government shall inquire into the ownership and control of any money or other property that has been frozen or seized and, if it is satisfied that the money or other property has inadvertently been frozen or seized, the same shall be ordered to be released immediately. (5) No prosecution, suit or other proceedings shall lie against the Government or any other person complying or purporting to comply with subsection (1) for anything done in good faith to effect freeze or seizure." .