Countering the Financing of Terrorism
This page covers:
The Criminalization of Terrorist Financing in the Cayman Islands
The two principal enactments in relation to the criminalization of terrorist financing in the Cayman Islands are the Terrorism (United Nations Measures) (Overseas Territories) Order, 2001 and the Terrorism Law, (2009 Revision).
Terrorism (United Nations Measures) (Overseas Territories) Order
The Terrorism (United Nations Measures) (Overseas Territories) Order, 2001 (TUNMOTO) is a UK order in council made pursuant to United Nations Security Council Resolution 1373 and extended by the UK to all of its overseas territories.
Article 3 (Collection of funds) criminalizes the act of soliciting, receiving or providing funds with knowledge or intent that will or may be used for the purposes of terrorism.
Article 4 (Making funds available) further extends criminal liability to making any funds or financial services available directly or indirectly for the benefit of persons committing, attempting to commit, facilitating or participating in an act of terrorism. Article 2 defines 'funds' consistent with the definition in the UN Convention on the Suppression of Financing of Terrorism.
Terrorism Law
The Terrorism Law (2009 Revision) is domestic legislation criminalizing terrorism and terrorist financing, the latter in accordance with the UN Convention on the Suppression of Financing of Terrorism.
Section 19 makes it an offence to solicit, receive or provide property intending that it be used, or having reasonable cause to suspect that it may be used, for the purposes of terrorism.
Section 20 makes it an offence for a person to use property for the purposes of terrorism or to possess property intending that it be used, or having reasonable cause to suspect that it may be used, for the purposes of terrorism.
Section 21 makes it an offence for a person to enter into or become concerned with an arrangement as a result of which property is made available to another knowing or having reasonable cause to suspect that it will or may be used for the purposes of terrorism.
Section 22 makes it an offence to enter into or become concerned with an arrangement which facilities the retention or control by or on behalf of another person of terrorist property by concealment, by removal from the jurisdiction or by transfer to nominees. Section 18 defines 'terrorist property' as property which is 'likely to be used' for the purposes of terrorism and proceeds from the commission of acts of terrorism. Section 2 defines property as including money and all other property, real or personal, including things in action and other intangible property.
Under the Proceeds of Crime Law (2008 Revision) section 144(3), criminal property includes terrorist property. Section 200 of the Proceeds of Crime Law notes an amendment to the Terrorism Law by stating that a person comments an offence under that law if:
(a) he uses property for the purpose of terrorism;
(b) he possesses property and intends that it should be used, or has reasonable cause to suspect that it may be used for the purpose of terrorism;
(c) he possesses or acquires property which he knows or has reasonable cause to suspect has been used, directly or indirectly, in the commission of an act of terrorism; or (d) acquires property as a result of or in connection with acts of terrorism.”.
Al-Qa'ida and Taliban (United Nations Measures) Order
The Cayman Islands also observes the The Al-Qa'ida and Taliban (United Nations Measures) Order 2002 made in the UK pursuant to Article 41 of the Charter of the United Nations. Under this order the Security Council of the United Nations, by resolutions adopted on 15 October 1999, 19 December 2000 and 16 January 2002, called upon Her Majesty's Government in the United Kingdom and all other states to apply certain measures to give effect to decisions of that Council in relation to Afghanistan and in relation to combating terrorist activities.
See the UN & EU Sanctions page on this website.