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ANTI-TERRORISM ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

PART II
GENERAL.

   3.   Consent of DPP required for prosecution.

   4.   Extraterritorial jurisdiction of Uganda courts in relation to offences under this Act.

   5.   Terrorism extraditable.

   6.   Certain offences under this Act triable and bailable only by High Court.

PART III
TERRORISM AND RELATED OFFENCES.

   7.   The offence of terrorism.

   8.   Aiding and abetting terrorism etc.

   9.   Establishment of terrorist institutions.

PART IV
TERRORIST ORGANISATIONS.

   10.   Terrorist organisations.

   11.   Membership, support and meetings etc.

PART V
FINANCIAL ASSISTANCE FOR TERRORISM.

   12.   Contributions towards acts of terrorism.

   13.   Contributions to resources of terrorist organisations.

   14.   Assisting in retention or control of terrorism funds.

   15.   Disclosure of information about terrorist funds.

   16.   Penalties and forfeiture.

PART VI
TERRORIST INVESTIGATIONS.

   17.   Terrorist investigations.

PART VII
INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE.

   18.   Minister to designate persons to be authorised officers.

   19.   Powers of authorised officer.

   20.   Obstructing authorised officer.

   21.   Offences by authorised officer.

   22.   Things obtained from interception, surveillance admissible in evidence.

PART VIII
ATTEMPTS, CONSPIRACIES AND ACCESSORIES ETC.

   23.   Attempts defined.

   24.   Punishment for attempts to commit offences under this Act.

   25.   Conspiracy to commit an offence.

   26.   Accessory before the fact.

   27.   Punishment for accessory before the fact.

   28.   Definition of accessory after the fact.

   29.   Punishment of accessory after the fact of offences under this Act.

PART IX
MISCELLANEOUS.

   30.   Power to use reasonable force.

   31.   Power of Minister to amend First Schedule.

   32.   Protection for persons acting under this Act.

   33.   Consequential amendment of Penal Code.

 

      First Schedule   Currency point.

      Second Schedule   Terrorist Organisations.

      Third Schedule   Information and Investigations relating, to Terrorism, etc.

 

ANTI-TERRORISM ACT.

   An Act to suppress acts of terrorism, to provide for the punishment of persons who plan, instigate, support, finance or execute acts of terrorism; to prescribe terrorist organisations and to provide for the punishment of persons who are members of, or who profess in public to be members of, or who convene or attend meetings of, or who support or finance or facilitate the activities of terrorist organisations; to provide for investigation of acts of terrorism and obtaining information in respect of such acts including the authorising of the interception of the correspondence of and the surveillance of persons suspected to be planning or to be involved in acts of terrorism; and to provide for other connected matters.

Commencement: 7 June, 2002.

 

PART I
PRELIMINARY.

 

1.   Short title.

   This Act may be cited as the Anti-Terrorism Act.

 

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "aircraft" includes a hovercraft;

   "alarm" for the purposes of the definition of "terrorism" means bodily hurt, or apprehension of bodily hurt, disease or disorder, whether permanent or temporary;

   "authorised officer" means a security officer designated by the Minister under section 18;

   "currency point" has the meaning assigned to it in the First Schedule;

   "explosive or other lethal device" means—

   (a)   an explosive or incendiary weapon or device that is designed, or has the capability to cause death, serious bodily injury or substantial material damage; or

   (b)   a weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;

   "infrastructure facility" means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel or communications;

   "Minister" means the Minister responsible for internal affairs;

   "place of public use" means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public;

   "premises" includes any place and in particular includes—

   (a)   any vehicle, vessel or aircraft;

   (b)   any tent or moveable structure;

   "property" includes property wherever situated and whether moveable or immovable and things in action;

   "security officer" means a member of the Uganda Peoples' Defence Forces, the Uganda Police Force or of a Security Organisation under the Security Organisations Statute 1987;

   "ship" includes every description of vessel used in navigation;

   "State or government facility" includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of the State or any other public authority or entity or by employees or officials of an intergovernmental organisation in connection with their official duties;

   "terrorism" has the meaning assigned to it in section 7;

   "terrorist organisation" means an organisation specified in the Second Schedule;

   "vessel" includes every description of vessel or ship used in navigation.

 

PART II
GENERAL.

 

3.   Consent of DPP required for prosecution.

   No person shall be prosecuted for an offence under this Act except with the consent of the Director of Public Prosecutions.

 

4.   Extraterritorial jurisdiction of Uganda courts in relation to offences under this Act.

   (1) The courts of Uganda shall have jurisdiction to try any offence prescribed by this Act, wherever committed; if the offence is committed—

   (a)   in Uganda; or

   (b)   outside Uganda—

      (i)   on board a vessel flying the Uganda flag or an aircraft which is registered under the laws of Uganda at the time the offence is committed;

      (ii)   on board an aircraft, which is operated by the Government of Uganda, or by a body in which the government of Uganda holds a controlling interest, or which is owned by a company incorporated in Uganda; or

      (iii)   by a citizen of Uganda or by a person ordinarily resident in Uganda;

      (iv)   against a citizen of Uganda;

      (v)   against a State or government facility of Uganda including an embassy or other diplomatic or consular premises of Uganda;

      (vi)   by a stateless person who has his or her habitual residence in Uganda;

      (vii)   in an attempt to compel Uganda or the Government of Uganda to do or abstain from doing any act;

      (viii)   by any person who has for the time being present in Uganda;

      (ix)   on the property of any person.

   (2) Offences committed outside Uganda to which this section applies, shall be dealt with as if committed in Uganda.

 

5.   Terrorism extraditable.

   (1) Notwithstanding any law to the contrary, none of the offences prescribed by this Act shall be regarded for the purposes of extradition or mutual legal assistance, as a political offence or as an offence inspired by political motives.

   (2) A request for extradition or for mutual legal assistance where an arrangement for extradition or mutual assistance exists between Uganda and another country, based on an offence referred to in subsection (1), may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

 

6.   Certain offences under this Act triable and bailable only by High Court.

   The offence of terrorism and any other offence punishable by more than 10 years imprisonment under this Act are triable only by the High Court and bail in respect of those offences may be granted only by the High Court.

 

PART III
TERRORISM AND RELATED OFFENCES.

 

7.   The offence of terrorism.

   (1) Subject to this Act, any person who engages in or carries out any act of terrorism commits an offence and shall, on conviction—

   (a)   be sentenced to death if the offence directly results in the death of any person;

   (b)   in any other case, be liable to suffer death.

   (2) A person commits an act of terrorism who, for purposes of influencing the Government or intimidating the public or a section of the public and for a political, religious, social or economic aim, indiscriminately without due regard to the safety of others or property, carries out all or any of the following acts—

   (a)   intentional and unlawful manufacture, delivery, placement, discharge or detonation of an explosive or other lethal device, whether attempted or actual, in, into or against a place of public use, a State or Government facility, a public transportation system or an infrastructure facility, with the intent to cause death or serious bodily injury, or extensive destruction likely to or actually resulting in major economic loss;

   (b)   direct involvement or complicity in the murder, kidnapping, maiming or attack, whether actual, attempted or threatened, on a person or groups of persons, in public or private institutions;

   (c)   direct involvement or complicity in the murder, kidnapping, abducting, maiming or attack, whether actual, attempted or threatened on the person, official premises, private accommodation, or means of transport or diplomatic agents or other internationally protected persons;

   (d)   intentional and unlawful provision or collection of funds, whether attempted or actual, with the intention or knowledge that any part of the funds may be used to carry out any of the terrorist activities under this Act;

   (e)   direct involvement or complicity in the seizure or detention of, and threat to kill, injure or continue to detain a hostage, whether actual or attempted in order to compel a State, an international intergovernmental organisation, a person or group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage;

   (f)   unlawful seizure of an aircraft or public transport or the hijacking of passengers or group of persons for ransom;

   (g)   serious interference with or disruption of an electronic system;

   (h)   unlawful importation, sale, making, manufacture or distribution of any firearms, explosive, ammunition or bomb;

   (i)   intentional development or production or use of, or complicity in the development or production or use of a biological weapon;

   (j)   unlawful possession of explosives, ammunition, bomb or any materials for making of any of the foregoing.

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