Anti-Terrorism Act, 2002

Section Short title Section This Act may be cited as the Anti-Terrorism Act, 2002.

Section Interpretation Section 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 officers " 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 aff...

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

Section Territorial jurisdiction of Uganda courts in relation to offences under this Act Section The courts of Uganda shall have jurisdiction to try any offence prescribed by this Act, wherever committed, if the offence is committed— outside Uganda— in Uganda; or 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; 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 by a citizen of Uganda or by a person ordinarily resident in Uganda; against a citizen of Uganda; against a State or government facility of Uganda including an embassy or other diplomatic or consular premises of Uganda; by a stateless person who has his or her habitual residence in Uganda; in an attempt to compel Uganda or the Government of Uganda to do or abstain from doing any act; by any person who has for the time being present in Uganda; on the property of any person. Offences committed outside Uganda to which this section applies, shall be dealt with as if committed in Uganda.

Section Terrorism extraditable Section 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. 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.

Section Certain offences under this Act triable and bailable only by High Court Section The offence of terrorism and any other offence punishable by more than ten 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.

Section The offence of terrorism Section Subject to this act, any person who engages in or carries out any act of terrorism committs an offence and shall, on conviction— 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— be liable to death if the offence directly results in the death of any person; [paragraph (a) amended by section 2 of Act 19 of 2021 ] in any other case, be liable to suffer death. 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; direct involvement or complicity in the murder kidnapping, maiming or attack, whether actual, attempted...

Section Aiding and abetting terrorism, etc. Section Any person who aids, abets, finances, harbours or renders support to a person, knowing or having reason to believe that the support will be applied or used for or in connection with the preparation or commission or instigation of acts of terrorism , commits an offence and is liable, on conviction, to suffer death. [section 8 corrected by General Notice 2917 of 2024 ] [Please note: The amendment purports to substitute section 7 of this Act. We believe that the intention was to substitute section 8 .]

Section Establishment of terrorist institutions Section Any person who establishes, runs or supports any institution for— promoting terrorism ; publishing and disseminating news or materials that promote terrorism ; or training or mobilising any group of persons or recruiting persons for carrying out terrorism or mobilising funds for the purpose of terrorism , Any person who, without establishing or running an institution for the purpose, trains any person for carrying out terrorism , publishes or disseminates materials that promote terrorism , commits an offence and is liable, on conviction, to suffer death.

Section Terrorist organisations Section The Minister may, by statutory instrument— The organisations specified in the Second Schedule are declared to be terrorist organisations and any organisation which passes under a name mentioned in that Schedule shall be treated as a terrorist organisation whatever relationship (if any) it has, to any other organisation bearing the same name. The Minister may, by statutory instrument, made with the approval of the Cabinet, amend the Second Schedule. An instrument made under subsection (2) shall be laid before Parliament within fourteen days after being published in the Gazette and may be annulled by Parliament by resolution within twenty-one days after being laid; but any annulment under this subsection shall not affect the previous operation of the instrument. Any period specified in subsection (3) shall only run when Parliament is sitting. declare any terrorist organisation dissolved; provide for the winding up of the terrorist organisation ; and provide for the forfeiture to the State of the property and assets of the terrorist organisation . In this section "organisation" includes any association or combination of persons.

Section Membership, support and meetings Section A person who— willfully arranges or assist in the arrangement of a meeting to be addressed by a person belonging or professing to belong to a terrorist organisation or addresses any meeting (whether or not it is a meeting to which the public are admitted) knowing that the meeting is— belongs or professes to belong to a terrorist organisation ; solicits or invites support for a terrorist organisation , other than support with money or other property ; or to support a terrorist organisation ; to further the activities of a terrorist organisation ; For the avoidance of doubt, paragraph (c) of subsection (1) shall not apply to a person who arranges or assists in the arrangement or management of a meeting to be addressed by, or who addresses any meeting with a person or persons belonging or professing to belong to a terrorist organisation for purposes of negotiating peace. A person who commits an offence under subsection (1) is liable, on conviction, to imprisonment not exceeding ten years or a fine not exceeding five hundred currency points, or both.

Section Power to use reasonable force Section A police officer or other public officer or person may use reasonable force for the purpose of exercising any functions conferred or imposed on him or her under or by virtue of this Act.

Section Power of Minister to amend First Schedule Section The Minister may, by statutory instrument, with the approval of the Cabinet, amend the First Schedule.

Section Protecion for persons acting under this Act Section No police officer or other public officer or person assisting such an officer is liable to any civil proceedings for any thing done by him or her, acting in good faith, in the exercise of any function conferred on that officer under this Act.

Section Consequential arnendment of Penal Code Section The Penal Code is amended— by repealing of section 28 ; and in subsection (2) of section 5 , by deleting of the reference to section 28 .

Section Contributions towards acts of terrorism Section A person who— solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property ; or receives or accepts from any other person, whether for consideration or not, any money or other property , gives, lends or otherwise makes available to any other person, whether for consideration or not, any money or other property ; or enters into or is otherwise concerned in an arrangement by which money or other property is or is to be made available to another person, knowing or having reasonable cause to suspect that it will or may be applied or used as mentioned in subsection (1) , commits an offence.

Section Contributions to resources of terrorist organisations Section Any person who wilfully and knowingly— solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property for the benefit of a terrorist organisation ; gives, lends or otherwise makes available or receives or accepts, whether for consideration or not, any money or other property for the benefit of a terrorist organisation ; or enters into or is otherwise concerned in an arrangement by which money or other property is or is to be made available for the benefit of a terrorist organisation ,

Section Assisting in retention or control of terrorism funds Section In this section and in section 15 , "terrorist funds" means— A person who enters into or is otherwise concerned in an arrangement by which the retention or control by or on behalf of another person of terrorist funds is facilitated, whether by concealment, removal from Uganda, transfer to nominees or otherwise, commits an offence. In proceedings against a person for an offence under this section, it is a defence to prove that that person did not know and had no reasonable cause to suspect that the arrangement related to terrorist funds. funds which may be applied or used for the commission of, or in furtherance of, or in connection with acts of terrorism ; the proceeds of the commission of acts of terrorism or of activities engaged in furtherance of or in connection with such acts; and the resources of a terrorist organisation . Paragraph (b) of subsection (3) includes any property which, in whole or in part, directly or indirectly represents such proceeds as are mentioned in that paragraph; and paragraph (c) of that subsection includes any money or other property which is, or is to be applied or made available fo...

Section Disclosure of information about terrorist funds Section A person who enters into or is otherwise concerned in any such transaction or arrangement as is mentioned in section 12 , 13 and 14 does not commit an offence under that section if he or she is acting with the express consent of a police officer or other public officer authorised in writing by the Director of Public Prosecution or if— In proceedings against a person for an offence under 12 (1)(b) or (2), 12 (b) or (c) or 14 , it is a defence to prove— A person may, notwithstanding any restriction on the disclosure of information imposed by contract or law, disclose to the Director of Public Prosecutions or a police officer or other public officer authorised in writing by the Director of Public Prosecutions, a suspicion or belief that any money or other property is or is derived from terrorist funds or any matter on which such a suspicion or belief is based. he or she discloses to the Director of Public Prosecutions or a police officer or other public officer authorised in writing by the Director of Public Prosecutions, his or her suspicion or belief that the money or other property concerned is or is derived from terro...

Section Penalties and forfeiture Section Subject to this section, the court by or before which a person, is convicted of an offence under section 12 (1) or 12 (2)(a) may order the forfeiture of any money or other property— which, at that time— A person who commits an offence under section 12 , 13 or 14 is liable, on conviction, to imprisonment not exceeding ten years or a fine not exceeding five hundred currency points, or both. which, at the time of the offence, the accused person had in his or her possession or under his or her control; and in the case of an offence under subsection (1) of section 12 , he or she intended should be applied or used, or had reasonable cause to suspect might be applied or used, as mentioned in that subsection; in the case of an offence under subsection (2)(a) of section 12 he or she knew or had reasonable cause to suspect would or might be applied or used as mentioned in subsection (1) of that section. Subject to this section, the court by or before which a person is convicted of an offence under section 12 (2)(b), section 13 (c) or 14 may order the forfeiture of the money or other property to which the arrangement in question related and which, in t...

Section Terrorist investigation Section The Third Schedule has effect for conferring powers to obtain information for the purposes of terrorist investigations namely, investigations into the commission, preparation or instigation of— Where, in relation to a terrorist investigation , a warrant or order under the Third Schedule has been issued or made, or has been applied for and not refused, a person who, knowing or having reasonable cause to suspect that the investigation is taking place— acts of terrorism ; or any other act which constitutes an offence under this Act. makes any disclosure which is likely to prejudice the investigation; or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, In proceedings against a person for an offence under subsection (2)(b) , it is a defence to prove that the accused person had no intention of concealing any information contained in the material in question from the person camying out the investigation. A person who commits an offence under subsection (2) is liable, on conviction, to imprisonment not exceeding five...

Section Minister to designate persons to be authorised officers Section The Minister may, by writing, designate a security officer as an authorised officer under this Part. An order issued by the Minister in respect of an authorised officer shall be in force for ninety days from the date specified in the order, and shall then expire.

Section Powers of authorised officer Section The purposes for which interception or surveillance may be conducted under this Part are— The scope of the interception and surveillance allowed under this Part is limited to— For the avoidance of doubt, power given to an authorised officer under subsection (5) includes— Subject to this Act, an authorised officer shall have the right to intercept the communications of a person and otherwise conduct surveillance of a person under this Act. The powers of an authorised officer shall be exercised in respect of a person or a group or category of persons suspected of committing any offence under this Act. The functions of an authorised officer shall be exercised only in respect of the person or group or category of persons described in the order. safeguarding the public interest; prevention of the violation of the fundamental and other human rights and freedoms of any person from terrorism ; preventing or detecting the commission of any offence under this Act; or safeguarding the national economy from terrorism . the interception of letters and postal packages of any person; interception of the telephone calls, faxes, emails and other communic...

Section Obstructing authorised officer Section Any person who knowingly obstructs an authorised officer in the carrying out of his or her functions under this part commits an offence and is liable, on conviction, to imprisonment not exceeding two years or a fine not exceeding one hundred currency points, or both.

Section Offences by authorised officer Section Any authorised officer who— demands or accepts any money or other benefit in consideration of his or her refraining from carrying out his or her functions under this Part; or demands any money or other benefit from any person under threat to carry out any of his or her functions under this Part; fails without resonable excuse or neglects to carry out the requirements of the order; recklessly releases information which may prejudice the investigation; engages in torture, inhuman and degrading treatment, illegal detention or intentionally causes harm or loss to property ,

Section Things obtained from interception or surveillance admissible in evidence Section Any recording, document, photograph or other matter obtained in the exercise of the functions of an authorised officer under this Part is admissible in evidence in any proceedings for an offence under this Act.

Section Attempts defined Section It is immaterial— When a person intending to commit an offence under this Act, begins to put his or her intention into execution by means adapted to its fulfillment, and manifests his or her intention by some overt act, but does not fulfil his or her intention to such an extent as to commit the offence, he or she is deemed to attempt to commit the offence. except so far as regards punishment, whether the offender does all that is necessary on his or her part for completing the commission of the offence, or whether the complete fulfillment of his or her intention is prevented by circumstances independent of his of her will, or whether he or she desists of his or own motion from the further prosecution of his of her intention; that by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.

Section Punishment for attempts to commit offences under this Act Section Any person who attempts to commit an offence under this Act commits an offence and is, unless otherwise provided in this Act— where the offence is punishable, by death or imprisonment for fourteen years or upwards with or without any other punishment, liable, on conviction, to imprisonment not exceeding seven years or a fine not exceeding three hundred and fifty currency points or both; or where paragraph (a) does not apply, liable, on conviction, to imprisonment not exceeding two years or a fine not exceeding one hundred currency points, or both.

Section Conspiracy to commit an offence Section Any person who conspires with another to commit an offence under this Act, or to do any act in any part of the world which if done in Uganda would be an offence under this Act and which is an offence under the laws in force in the place where it is proposed to be done, commits an offence and is liable, if no other punishment is provided, to imprisonment not exceeding seven years, or, if the greatest punishment to which a person convicted of the offence in question is liable is less than imprisonment for seven years, then to such lesser punishment.

Section Accessory before the fact Section A person who directly or indirectly counsels, procures or commands any person to commit any offence under this Act which is committed in consequence of such counselling, procuring or commandment is an accessory before the fact to the offence.

Section Punishment for accessory before the fact Section An accessory before the fact in relation to an offence under this Act commits an offence and, unless otherwise provided by this Act, is liable, on conviction, to the same penalty as the main offence itself. Without prejudice to the general effect of subsection (1) , an accessory before the fact includes a person who identifies targets in which or on which any act of terrorism or any other act which constitutes an offence under this Act is to be committed.

Section Definition of accessory after the fact Section A person who receives or assists another who, to his or her knowledge, has committed an offence, in order to enable him or her to escape punishment, is said to become an accessory after the fact to the offence. A spouse does not become an accessory after the fact to an offence which his or her spouse has committed by receiving or assisting the spouse in order to enable the spouse to escape punishment; or by receiving or assisting, in the spouse's presence and by his or her authority, another person who commits an offence in the commission of which the other spouse has taken part, in order to enable that other person to escape punishment; nor does a spouse become an accessory after the fact to an offence which his or her spouse commits by receiving or assisting that spouse in order to enable that spouse to escape punishment.

Section Punishment of accessory after the fact of offences under this Act Section Any person who becomes an accessory after the fact to an offence under this Act commits an offence and is liable, if no other punishment is provided, to imprisonment not exceeding three years or a fine not exceeding one hundred and fifty currency points, or both.