Counter-Terrorism Act, 2021

Summary

This is the British Virgin Islands' primary counter-terrorism statute, criminalising terrorist acts, terrorist financing and related conduct, and establishing a regime for designating terrorist entities, freezing and forfeiting terrorist property, and empowering police and other authorities to investigate and act against terrorism. It also imposes reporting duties on financial institutions in relation to property connected to designated terrorist entities.

• Offences: Creates offences covering terrorist acts, terrorist bombing, financing of terrorism, dealing with or making property available to a designated terrorist entity, recruitment, training, incitement, travel for terrorism, and offences involving explosives, nuclear or radioactive material and biological weapons.
• Designation regime: Allows the Governor to make interim and final designations of terrorist or associated entities, sets notice and review procedures, and provides that final designations expire after 3 years unless renewed.
• Property measures: Provides for detention, management, restraint, confiscation and forfeiture of terrorist property and terrorist cash, including third-party relief applications and appeal rights.
• Reporting duty: Imposes a mandatory reporting requirement on financial institutions and others to report suspicions relating to property owned or controlled by designated terrorist entities, with protections for persons making reports and for the confidentiality of their identity.
• Investigative and police powers: Grants powers for terrorist investigations, cordoned areas, account monitoring orders, arrest without warrant, and search of premises and persons.
• International cooperation: Provides for extradition and mutual legal assistance in terrorism-related criminal matters, and gives effect to relevant UN Security Council resolutions and UK-extended orders.

The Act binds financial institutions across the BVI's regulated sectors as well as the general public, and works alongside sector legislation such as the Banks and Trust Companies Act, Insurance Act, Company Management Act, Securities and Investment Business Act, and Financing and Money Services Act to define who counts as a financial institution for reporting purposes.

Key obligations

• Financial institutions and other persons must report suspicions relating to property owned or controlled by a designated terrorist entity under the mandatory reporting requirement in section 60
• Persons must not deal with property of, or derived from property of, a designated terrorist entity (section 9)
• Persons must not make property or financial or related services available to a designated terrorist entity without authorisation from the Governor (sections 10 and 11)
• Persons must not fail to disclose information they have about acts of terrorism where such disclosure is required (section 31)
• Parties aggrieved by a Magistrate's forfeiture order under Schedule 8 must appeal to the Court of Appeal within 30 days of the order

Applies to

financial institutions, banks and trust companies, insurance business, company management business, investment business and mutual funds/mutual fund managers or administrators, financing business and money services business, legal practitioners, general public

Deadlines

• such date as the Governor may by Proclamation appoint: Commencement date of the Act
• 3 years: Final designations under section 40 expire after 3 years unless renewed by the Governor
• 30 days from the date the order is made: Period to appeal a Magistrate's forfeiture order under Schedule 8
• 3 months per order, up to a 2 year total: Maximum periods for which cash may be detained under a detention order under Schedule 8

Related documents

• Counter-Terrorism (Amendment) Act, 2023 amends this document