Anti-Terrorism (Implementation of the United Nations Security Council Resolutions on the Prevention and Suppression of Terrorism) Regulations, 2015

31st December, 2015 Statutory Instruments 425 GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 103 OF 2015 The Anti-Terrorism Act, 2007 (Act No. 21 of 2007) The Anti-Terrorism (Implementation of the United Nations Security Council Resolutions on the Prevention and Suppression of Terrorism) Regulations, 2015 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY 1. Title 2. 3. Application Interpretation PART II DESIGNATION AND LISTING 4. National Listing 5. Designation or listing procedure 6. Notification of designation or listing 7. Duration of national designation 8. Variation or revocation of listing 9. 10. Notification of interim national listing 11. Duration of interim listing 12. Variation or revocation of interim listing 13 Confidential information Interim national listing Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K42.00 each. 426 Statutory Instruments 31st December, 2015 PART III RESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR LISTED PERSONS 14. Prohibition on dealing with funds and economic resources 15. Making funds or financial services available to a designated or listed person, group or entity prohibited 16. Prohibition on making funds or financial services available for the benefit or listed person 17. Making economic resources to designated or nationally listed person, group or entity prohibited 18. Prohibition on making economic resources available for benefit of designated or listed person, group or entity 19. Prohibition of travel by designated or listed persons, groups or entities 20. Arms embargo against designated or listed person, group or entity 21. Exceptions 22. Licences 23. Circumventing prohibitions, etc PART IV INFORMATION Reporting obligations of relevant institutions Powers to request information Production of documents Failure to comply with request for information 24. 25. 26. 27. 28. Disclosure of information by Centre 29. Application of Part PART V SUPERVISION OF EXERCISE OF POWERS Review of decisions by the Court Centre to report on operation of Part II 30. Appeal to the High Court in relation to designations 31. 32. 33. General penalty 34. Offences by corporate body or an unincorporate body 35. Service of notices 36. De-listing requests 37. 38. Application to Republic Forfeiture proceeds or property 31st December, 2015 Statutory Instruments 427 IN EXERCISE of the powers contained in section fifty of the Anti- Terrorism Act, 2007 the following Regulations are made: 1. These Regulations may be cited as the Anti-Terrorism (Implementation of the United Nations Security Council Resolutions on the Prevention and Suppression of Terrorism) Regulations, 2015. In these Regulations, unless the context otherwise (1) 2. Title Interpretation requires— “applicable resolutions” means— (a) United Nations Security Council Resolution 1267 of 1999; (b) United Nations Security Council Resolution 1373 of 2001; (c) United Nations Security Council Resolution 1390 of 2002; (d) United Nations Security Council Resolution 1452 of 2002; (f) United Nations Security Council Resolution 1735 of 2006; (g) United Nations Security Council Resolution 1822 of 2008; (h) United Nations Security Council Resolution 1904 of 2009; (i) United Nations Security Council Resolution 1988 of 2011; (j) United Nations Security Council Resolution (k) 1989 of 2011; and any other United Nations Security Council Resolution that may be issued concerning the designation, asset freezing, arms embargo and travel ban in respect of a person, group or entity in relation to the application of measures for the combatting of terrorism; “Authorised officer” has the meaning assigned to it in the Act; “Central Bank” means the Bank of Zambia established under the Bank of Zambia Act; Cap. 360 “Centre” has the meaning assigned to it in the Act; “Designated person” means an individual, group, entity, organisation or corporate body designated in accordance with the applicable resolutions and these Regulations; 428 Statutory Instruments 31st December, 2015 “Designation or listing” means the addition of a person to the targeted sanctions list pursuant to the applicable resolutions or the Act; “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form with or without the aid of anything else; “economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; “entity” means a firm, an unincorporated body of persons or any other legal arrangement; “financial benefit” includes the discharge of a financial obligation for which the designated or listed person is wholly or partly liable; “final designation” means a designation under Regulation 4, including a renewed designation; “financial services” means services of a financial nature, including— (a) insurance and pensions related services consisting of— (i) direct insurance other than life assurance; (ii) reinsurance and retrogression; (iii) insurance intermediation, such as brokerage and agency; (iv) services auxiliary to insurance, such risk as consultancy, actuarial, assessment and claim settlement services; or (i) (v) Pension Fund Management; (b) banking and other financial services consisting of accepting deposits and other repayable funds; lending, including consumer credit, mortgage credit, factoring, financing of commercial transactions and credit referencing; (ii) 31st December, 2015 Statutory Instruments 429 (iii) financial leasing; (iv) payment and money transmission services, including credit, charge and debit cards, travellers’ cheques and bankers’ drafts; (v) providing guarantees or commitments; (vi) financial trading; (vii) participating in issues of any kind of securities, including underwriting and placement as an agent, whether publicly or privately and providing service related to such issues; (viii) money brokering or foreign exchange purchase and sale; (ix) asset management, including case or portfolio management, all forms of collective investment management, custodial, depository and trust services; (x) settlement and clearing services for financial assets including securities, derivative products and other negotiable instruments; (xi) providing or transferring financial information, and financial data processing or related software by suppliers of other financial services; or (xii) providing advisory and other auxiliary financial services, including c r e d i t reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy; “financial trading” means trading for a person’s, group of persons’ or entity’s own account or for the account of customers, whether on an investment exchange, in an overthe counter market or otherwise, in— (a) money market instruments, including cheques, bills and certificates of deposit; 430 Statutory Instruments 31st December, 2015 (b) foreign exchange; (c) derivative products, including futures and options; (d) exchange rate and interest rate instruments, including products such as swaps and forward rate agreements; (e) transferable securities; (f) other negotiable instruments and financial assets including bullion; “freeze” means to prevent, or restrain specific property or funds from being used, transferred, transacted, converted, altered, concealed, moved or disposed of without affecting the ownership thereof; “funds” has the meaning assigned to it in the Act; “group” means a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing a terrorist act or serious offence; “information” means a document or any communication of something and which is in an oral or any recorded form; “national listing” means the listing of persons, groups or entities by the Minister as being engaged in or concerned with terrorism or the publication by the Centre of names of persons, groups or entities designated in accordance with applicable resolutions by the United Nations; “other services” includes technical assistance, training or any other service rendered in connection with a terrorist act, terrorist financing or any contravention of the Act or these Regulations; “privileged information” means information with respect to which a claim to legal professional privilege could be maintained in legal proceedings; “reporting entity” has the meaning assigned to it in the Financial Intelligence Centre Act, 2010; “sanctions” includes an asset freeze, travel ban and arms embargo; “supervisory authority” has the meaning assigned to it in the Financial Intelligence Centre Act, 2010; Act No. 46 of 2010 Act No. No. 46 of 2010 31st December, 2015 Statutory Instruments 431 “terrorism” has the meaning assigned to it in the Act; “terrorism financing” means an act by a person whoby any means directly or indirectly, wilfully, provides or collects funds, or attempts to do so, intending that the funds should be used or knowing or reasonably suspecting that the funds are to be used in full or in part, whether actually used or not— (a) to carry out a terrorist act; (b) by an individual terrorist; or (c) by a terrorist entity; “travel ban” means the prohibition of the travel of a designated or listed person, group or entity to, from or through the territory of the Republic; (2) For the purposes of these Regulations— “involved in terrorism” includes— (a) the commission, preparation or instigation of acts of terrorism; (b) the financing of terrorism acts or persons, groups or entities connected with terrorism; (c) conduct that facilitates the commission, preparation or instigation of acts of terrorism, or that is intended to do so; (d) conduct that gives support or assistance to persons who are known or believed by the person concerned to be involved in terrorism; or (e) the commission of any act of terrorism defined under the Act or any other written law. 3. These Regulations apply to— Application (a) an entity designated under applicable resolutions; (b) a person or an entity suspected of being involved in terrorism; (c) reporting entities; and (d) supervisory authorities. 432 Statutory Instruments 31st December, 2015 PART II DESIGNATION AND LISTING National Listing 4. (1) The Minister shall nationally list a person, group or entity for the purpose of these Regulations and the applicable resolutions in Form I set out in the First Schedule if the Minister — (a) reasonably believes that the person, group or entity— (i) (ii) (iii) is or has been involved in terrorism or terrorism financing; is owned or controlled directly or indirectly by a person who is or has been involved in terrorism or terrorism financing; or is acting on behalf of a person, group or entity that is involved or has been involved in terrorism or terrorism financing; and (b) considers that it is necessary for purposes connected with protecting members of the public from terrorism that financial restrictions and other sanctions should be applied in relation to the person, group or entity. (2) For the purposes of a listing under these Regulations and the applicable resolutions, it is immaterial whether the acts of terrorism in question are specific acts of terrorism or general acts of terrorism, whether actually or intended to be committed. 5. (1) The Permanent Mission of the Republic of Zambia to the United Nations shall, without delay, submit to the Ministry responsible for foreign affairs, all designations or listings made by the Security Council in accordance with the applicable resolutions and the provisions of the Act and these Regulations. (2) The Minister shall, immediately upon receipt of a designation or listing under paragraph (1), submit the designation or listing to the Centre. (3) The Centre shall, upon receipt of the designation or listing under paragraph (2) and without delay, circulate the designation or listing to— (a) the supervisory authorities; (b) the defence and security organs established under the Constitution of Zambia; (c) law enforcement agencies; and (d) the reporting entities. Designation or listing procedure 31st December, 2015 Statutory Instruments 433 (4) A supervisory authority shall, upon receipt of the designation or listing submitted to it under paragraph (3)— (a)circulate the designation or listing to the reporting entities under its supervision for their information and action; (b) where necessary, provide guidance to the reporting entities holding funds or other assets of a designated person, in relation to their obligations under these Regulations or any other law; and (c) ensure that the reporting entities comply with the requirements of these Regulations. 6. (1) Where the Centre lists a person, group or entity pursuant to Regulation 5 in accordance with the applicable resolution or the Act, the Centre must— (a) give written notice of the listing to the listed person, group Notification of designation or listing or entity; and (b) publicise the listing as soon as is practicable in a national newspaper of general circulation. (2) The Centre must publicise the listing generally, except where (a) in the case of an individual, the Centre believes that the listed individual is under the age of eighteen years; or (b) the Centre considers that disclosure of the listing should be restricted (i) in the interests of national security; (ii) for reasons connected with the prevention or detection of an offence; or (iii) in the interest of justice. (3) Where the conditions referred to under subregulation (2) exist, the Centre must inform the supervisory authorities and reporting entities that it considers necessary to give effect to these Regulations. (4) Where the conditions preventing a general listing under subregulation (2), cease to exist the Centre must (a) give written notice of that fact to the listed person, group or entity; and (b) take steps to publicise the listing generally. 7. (1) A listing by the Minister expires atthe end of the period of one year after the date on which it was made unless it is renewed. (2) The Minister may renew a listing at any time before it expires, if the circumstances under Regulation 3 Duration of national listing continue to exist. 434 Statutory Instruments 31st December, 2015 (3) Regulation 4 applies where a listing is renewed. (4) Where a final listing expires, the Centre must (a) give written notice of that fact to the listed person, group or entity; and (b) take reasonable steps to bring that fact to the attention of the supervisory authorities, reporting entities, defence and security organs established under the Constitution of Zambia and law enforcement agencies. Variation or revocation of listing 8. (1) The Minister may, where necessary, vary or revoke a national listing in accordance with the applicable resolutions. (2) Where listing is varied or revoked, the Centre on behalf of the Minister must (a) give written notice of the variation or revocation to the listed person, group or entity; and (b) take reasonable steps to bring the variation or revocation to the attention of the person, group or entity informed of the listing. 9. (1) The Minister may make an interim national listing of a person, group or entity for purposes of this Part if the Minister— (a) reasonably suspects— Interim national Listing (i) (ii) that the person, group or entity is or has been involved in terrorist activity; that the person, group or entity is owned or controlled as the case may be, directly or indirectly by a person, group or entity involved in terrorist activity; or (b) considers that it is necessary that financial restrictions or other sanctions should be applied in relation to the person, group or entity for purposes connected with protecting a member of the public from terrorism. (2) The power of the Minister to make final a listing applies to an interim listing as if the interim listing were a final listing. (3) The Minister shall not make more than one interim listing of the same person, group or entity in relation to the same, or substantially the same, evidence. 10. (1) Where the Minister makes an interim national listing in respect of a person, group or entity, the Centre on behalf of the Minister must notify (a) the supervisory authorities; (b) relevant defence and security organs established under the Constitution of Zambia; Notification of interim national listing 31st December, 2015 Statutory Instruments 435 (c) law enforcement agencies; (d) the reporting entities; and (e) the listed person, group or entity. (2) The Centre must publicise the national listing generally in the Gazette and a newspaper of general circulation, except where— (a) in the case of an individual, the Centre believes that the listed person is under the age of eighteen years; or (b) the Centre considers that disclosure of the listing should be restricted (i) in the interest of national security; (ii) for reasons connected with the prevention or detection of an offence; or (iii) in the interest of justice. (3) Where the conditions referred to under subregulation (2) are satisfied, the Centre must inform such persons, groups or entities as it considers necessary, to give effect to these regulations. (4) Where conditions preventing a general listing under subregulation (2), cease to exist the Centre must (a) give written notice of that fact to the listed person, group or entity; and (b) publicise the listing in the Gazette or a newspaper of general circulation. 11. (1) An interim listing expires— (a) at the end of the period of sixty days after the date on which it was made; or (b) on the making of a final listing in relation to the same person, group or entity; whichever is earlier. (2) Where an interim listing expires, the Centre must— (a) give written notice of that fact to the listed person, group or entity; and (b) take reasonable steps to bring that fact to the attention of the supervisory authorities, reporting entities, relevant defence and security organs established under the Constitution of Zambia and such law enforcement agencies as it considers necessary. Duration of interim listing 436 Statutory Instruments 31st December, 2015 (3) Where an interim listing expires on the making of a final listing in relation to the same person, group or entity— (a) notice relating to an interim listing is deemed to be a notice relating to a final listing; and (b) the steps under subregulation (2) are deemed to be the steps to be taken in relation to the publication of a final listing. Variation or revocation of interim listing 12. (1) The Minister may, where necessary, vary or revoke an interim listing. (2) Where a listing is varied or revoked, the Centre shall on behalf of the Minister— (a) give written notice of the variation or revocation to the listed person, group or entity; and (b) take reasonable steps to bring the variation or revocation to the attention of the supervisory authorities, reporting entities, relevant defence and security organs established under the Constitution of Zambia and such law enforcement agencies as it considers necessary. Confidential information 13. (1) Where the Centre informs specific persons of a listing, the Centre may specify that the information contained in the listing must be treated as confidential. (2) Subject to subregulation (3), a person who (a) is provided with information that is to be treated as confidential in accordance with subregulation (1); or (b) obtains information of a listing by any other means; must not, disclose the information to an unauthorised person if the person knows, or reasonably suspects that the information is to be treated as confidential. (4) A person who contravenes subregulation (2) commits an offence and is liable, upon conviction to a fine not exceeding two thousand five hundred penalty units or to imprisonment not exceeding two years, or to both. (5) Subregulation (2) does not apply to a disclosure made by a person pursuant to lawful authority. (6) For the purposes of this Regulation information is disclosed with lawful authority if the disclosure is (a) made or authorised by the Minister; (b) by, or with the consent of, the listed person; (c) necessary to give effect to a requirement imposed under or by virtue of this Part or any other written law; or 31st December, 2015 Statutory Instruments 437 (d) required, under an order of the High Court or tribunal under the Act or any other written law for the purposes of legal proceedings of any description. (7) This Regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources. (8) The High Court may on the application of a person or entity that is the subject of the information or the Centre, grant an injunction to prevent a breach of the prohibition in sub regulation (2). PART II RESTRICTIVE MEASURES AND SANCTIONS IN RELATION TO DESIGNATED OR LISTED PERSONS 14. (1) Subject to Regulations 16 and 19, a person must not deal with funds or economic resources owned, held or controlled by a designated or listed person, group or entity if the person knows, or reasonably suspects, that the person is dealing with those funds or economic resources. Prohibition on dealing with funds and economic resources (2) A person who contravenes subregulation (1) commits an offence and is liable, upon conviction, to penalties specified in the Act. (a) (3) In this Regulation, “deal with” means— in relation to funds— (i) (ii) use, alter, move, allow access to or transfer; treat the funds in a way that would result in any change in volume, amount, location, ownership, possession, character or destination; or (iii) make any other change that would enable use, including portfolio management; and (b) in relation to economic resources, exchange or use the 15. resources in exchange for funds, goods or services. (1) Subject to Regulations 16 and 19, a person, group or entity must not make funds or financial services available, directly or indirectly, to a listed person, group or entity if that person, group or entity knows, or reasonably suspects, that the person, group or entity is making the funds or financial services so available for the purposes of terrorism. Making funds or financial services available to a designated or listed person, group or entity prohibited 438 Statutory Instruments 31st December, 2015 (2) A person, group or entity that contravenes subregulation (1) commits an offence and is liable, upon conviction, to penalties specified in the Act. 16. (1) A person or entity must not make funds or financial services available to another person, group or entity for the benefit of a listed person, group or entity if that person, group or entity knows, or reasonably suspects that the other person, group or entity is making the funds or financial services available to a listed person, group or entity for the purposes of terrorism. (2) For the purposes of this Regulation, funds are made available for the benefit of a listed person, group or entity if that person, group or entity thereby obtains, or is able to obtain, a financial benefit. (3) A person who contravenes subregulation (1) commits an offence and is liable, upon conviction, to penalties specified in the Act. 17. (1) Subject to Regulation 19, a person must not make economic resources available directly or indirectly to a designated or nationally listed person, group or entity if that person or entity knows, or reasonably suspects (a) that the person is making the economic resources so available to the listed person, group or entity; and (b) that the designated or nationally listed person, group or entity would be likely to exchange the economic resources, or use them in exchange, for funds, goods, services or arms. (2) A person who contravenes the subregulation (1) commits an offence and is liable, upon conviction, to penalties specified in the Act. 18. (1) Subject to Regulation 19, a person,group or entity must not make economic resources available to a person or entity for the benefit of a listed person, group or entity. (2) For the purposes of subregulation (1) economic resources are made available for the benefit of a designated or listed person, group or entity if the designated or listed person, group or entity thereby obtains, or is able to obtain, a financial benefit. (3) A person who contravenes subregulation (1) commits an offence and is liable, upon conviction, to penalties specified in the Act. Prohibition on making funds or financial services available for the benefit of listed person Making economic resources available to designated or nationally listed person, group or entity prohibited Prohibition on making economic resources available for benefit of designated or listed person, group or entity 31st December, 2015 Statutory Instruments 439 19. (1) A road, water or air transportationprovider or any transportation agent operating within the Republic or whose transportation carries persons or goods within or outside the Republic shall not knowingly permit or facilitate the transportation of any designated or listed person or restricted goods specified by the Centre. Prohibition of travel by designated or listed persons, groups or entities (2) A person shall not knowingly provide or facilitate the transportation of designated or listed persons or restricted goods specified by the Centre by road, water or air transportation within or outside the Republic. (3) A person who contravenes this Regulation commits an offence. 20. (1) A person must not facilitate the acquisition, transportation or other transactions, relating to arms within or through the Republic on behalf of a listed person, group or entity or for the benefit of a listed person, group or entity. (2) A person who knows or reasonably suspects that a transaction under subregulation (1) is about to take place must notify an authorised officer immediately the person becomes aware of that transaction or as soon as practicable after the person becomes aware of the transaction. (3) An authorised officer who receives information under subregulation (2) must take immediate steps to prevent the performance or conclusion of the transaction. (4) A person who facilitates a transaction knowing or reasonably suspecting that the transaction contravenes subregulation (1) commits an offence. Arms embargo against designated or listed persons, group or entities 21. (1) Despite Regulations 11 to 13 a reporting entity may Exceptions credit a frozen account with— (a) interest or other earnings due on the account; or (b) payments due under contracts, agreements or obligations that were concluded or arose before the account was frozen. (2) Despite Regulations 12 and 13 a reporting entity may credit a frozen account where it receives funds transferred to the account. (3) Despite Regulation 13, a payment may be made which (a) is a benefit under or by virtue of a written law relating to social security; and (b) is to a person or entity that is not a designated or listed person, group or entity whether or not the payment is made in respect of a designated or listed person. 440 Statutory Instruments 31st December, 2015 (4) A reporting entity shall inform the Centre without delay if it credits a frozen account in accordance with subregulation (1) or (2). (5) In this Regulation “frozen account” means an account with a reporting entity which is held or controlled (directly or indirectly) by a designated or listed person, group or entity. Licences 22. (1) Regulations 11 and 15 do not apply to anything done under the authority of a licence granted by the Centre. (2) A licence shall specify the acts authorised by it and may be— (a) general or granted to a category of persons or entities or to a particular person; subject to conditions; and of indefinite duration or subject to an expiry date. (b) (c) (3) The Centre may vary or revoke a licence at any time. (4) On the grant, variation or revocation of a licence, the Centre shall— (a) in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person; (b) in the case of a general licence or a licence granted to a category of persons or entity, take such steps as the Centre considers appropriate to publicise the grant, variation or revocation of the licence. (5) A person commits an offence if that person, for the purpose of obtaining a licence, knowingly or recklessly— (a) provides information that is false in a material respect; or (b) provides or produces a document that is not what it purports to be. (6) A person who purports to act under the authority of a licence but fails to comply with a condition of the licence commits an offence. Circumventing prohibitions etc 23. A person, group or entity that intentionally participates in activities knowing that the object or effect of those activities is to directly or indirectly circumvent or enable or formulate the contravention of provisions of this Part, commits an offence. 31st December, 2015 Statutory Instruments 441 Reporting obligations of relevant institutions Act No. 46 of 2010 PART IV INFORMATION 24. (1) Subject to the Financial Intelligence Centre Act, 2010 a reporting entity must notify the Centre as soon as practicable if— (a) it knows, or reasonably suspects, that a person, group or entity— (i) is a listed person, group or entity; or (ii) has committed an offence under Part III; and (b) the information or other matter on which the knowledge or suspicion under paragraph (a) is based came to the institution in the course of carrying on its business. (2) Where a reporting entity informs the Centre under subregulation (1), the reporting entity shall state— (a) the information or other matter on which the knowledge or suspicion is based; and (b) any information it holds about the person, group or entity by which the person, group or entity can be identified. (3) If a reporting entity informs the Centre under subregulation (1) that it knows, or has reasonable cause to suspect, that a person, group or entity is a designated or listed person, group or entity and that the person, group or entity is a customer of the reporting entity, the reporting entity shall also state the nature and amount or quantity of any funds or economic resources held by it for the customer at the time when it first had the knowledge or suspicion. (4) A reporting entity that fails to comply with this Regulation commits an offence. 25. (1) Where the Centre believes that information is necessary for the purpose of monitoring compliance with this Part, the Centre may directly or through the supervisory authority request a designated or listed person, group or entity to provide information- Power to request information (a) concerning— (i) funds or economic resources owned, held or controlled by or on behalf of the designated or listed person, group or entity; or any disposal of such funds or economic resources; or (ii) (b) that the Centre may reasonably require about expenditure (i) by or on behalf of the designated or listed person, group or entity; or (ii) for the benefit of the designated or listed person, or group or entity. 442 Statutory Instruments 31st December, 2015 (2) The Centre may request a person acting under a licence granted under Regulation 21 to provide information concerning (a) funds or economic resources dealt with under the licence; or (b) funds, economicresources or financial services made available under the licence. (3) The Centre may request any person in or resident in the Republic to provide such information as the Centre may reasonably require for the purpose of (a) establishing under this Part— (i) the nature and amount or quantity of any funds or economic resources owned, held or controlled by or on behalf of a designated or listed person, group or entity; (ii) the nature and amount or quantity of any funds, economic resources or financial services made available directly or indirectly to, or for the benefit of, a designated or listed person, group or entity; or (iii)the nature of any financial transactions entered into by a designated or listed person group or entity; (b) monitoring compliance with or detecting evasion of this Part; or (c) obtaining evidence of the commission of an offence under this Part. (4) The Centre may issue guidelines specifying the manner in which, and the period within which, information is to be provided pursuant to a request. (5) Where no period is specified for provision of information, the information which has been requested shall be provided as soon as practicable. (6) A request may include a continuing obligation to keep the Centre informed as circumstances change, or on such regular basis as the Centre specifies. (7) Information requested under this Regulation may relate to any period of time during which a person, group or entity is, or was, a designated or listed person, group or entity. 31st December, 2015 Statutory Instruments 443 (8) Information requested under this Regulation may relate to any period of time before a person, group or entity became a designated or listed person, group or entity. 26. (1) A request under Regulation 25 may include a request to produce specified documents or documents of a specified description. Production of documents (2) Where the Centre requests that documents be produced, the centre may— (a) take copies of or extracts from any document so produced; (b) request any person or entity producing a document to give an explanation of it; and (c) where the person or entity under paragraph (b) is a body corporate, partnership or unincorporated body other than a partnership, request any person to give such an explanation who is (i) in the case of a partnership, a present or past partner or employee of the partnership; and (ii) in any other case, a present or past director or manager or employee of the body concerned. (3) Where the Centre requests a designated or listed person, group or entity or a person acting under a licence granted under Regulation 21 to produce documents, that person shall— (a) take reasonable steps to obtain the documents; and (b) keep the documents under the person’s possession or control, except for the purpose of providing them to the Centre or as the Centre may otherwise permit. 27. (1) A person, group or entity shall not— (a) without reasonable excuse refuse or fail within the time and in the manner specified, or if no time has been specified, as soon as practicable to comply with any request made under these Regulations; (b) knowingly or recklessly give any information, or produce any document, which is false in a material particular in response to such a request; (c) with intent to evade the provisions of these Regulations destroy, mutilate, deface, conceal or remove any document; or (d) otherwise intentionally obstruct the Centre or a supervisory authority in the exercise of their powers under this law. Failure to comply with request for information 444 Statutory Instruments 31st December, 2015 (2) A person, group or entity that contravenes subregulation (1) commits an offence. (3) The Centre, upon application to the High Court and satisfying the Court that a person, group or entity has failed without reasonable excuse to comply in whole or in part with any obligations in the request, shall obtain an order against that person, group or entity or any of their officers or employees where applicable on such terms as the court considers necessary to enforce compliance with such obligations. (4) Where a person, group or entity is convicted of an offence under this Regulation, the High Court may order that person, group or entity within such period as may be specified in the order, to comply with the request. Disclosure of information by Centre 28. (1) The Centre may disclose any information obtained by it in exercise of its powers under this Part, including any document so obtained and any copy or extract made of any document so obtained to— (a) an authorised officer; (b) a person holding or acting in any office under or in the service of the Republic; (c) the Legal Aid Board; (d) the Financial Intelligence Centre; (e) any organ of the United Nations or any person in the service of the United Nations, the African Union, the Council of the European Union, the European Commission or the Government of any country for the purpose of giving assistance or cooperation, pursuant to the relevant Security Council resolutions; or (f) a third party, with the consent of a person who, in their own right, is entitled to the information or to possession of the document, copy or extract. (2) The Centre shall take such steps as it considers appropriate to cooperate with any investigation in the Republic or elsewhere relating to the funds, economic resources or financial transactions of a designated or listed person, group or entity. 29. (1) Nothing done under this Part is treated as a breach of any restriction imposed by a written law or otherwise. (2) Nothing in this Part authorises a disclosure that— (a) contravenes the provisions of the Electronic Communications and Transactions Act, 2009, relating to Data Protection; Application of Part Act No. 21 of 2009 31st December, 2015 Statutory Instruments 445 Act No. 46 of 2010 Cap. 111 (b) is prohibited under the Financial Intelligence Centre Act, 2010; or (c) is prohibited by the State Security Act. (3) Nothing in this Part is construed as requiring a person who has acted as counsel for any person to disclose any privileged information in their possession in that capacity. (4) This Part does not limit the circumstances in which information may be lawfully disclosed apart from this Part. (5) This Part does not limit the powers of the Centre to impose conditions in connection with the discharge of the Centre’s functions under Regulation 19. PART V SUPERVISION OF EXERCISE OF POWERS 30. (1) This Part applies to any decision of the Minister— (a) to make or vary an interim or final designation or listing of a person, group or entity; (b) to renew a final designation or listing of a person, group Appeal to High court in relation to designations or entity; or (c) not to vary or revoke an interim or final designation or listing of a person, group or entity. (2) The designated or listed person concerned may appeal against any such decision to the High Court. (3) On appeal, the High Court may make such order as it considers appropriate. (4) The making of an appeal under this section does not suspend the effect of or stay the decision to which the appeal relates. 31. (1) Subject to Regulation 30, a person affected by a designation, listing or other decision may apply to the High Court for the designation, listing or decision to be set aside. Review of decisions by High Court (2) In determining whether the designation, listing or decision should be set aside, the High Court shall apply the principles applicable to an application for Judicial Review. 32. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Centre shall prepare and submit to the Minister a report about the exercise of the powers conferred on it by this Part and its activities during that financial year. (2) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subregulation (1) lay the report before the National Assembly. Centre to report on operation of Part III 446 Statutory Instruments 31st December, 2015 PART VI GENERAL PROVISIONS General penalty Offences by body corporate or an unincorporate body 33. A person who is convicted of an offence under these Regulations for which no penalty is expressly provided, is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units, or to imprisonment for a term not exceeding two years, or to both. 34. Where an offence under these Regulations is committed by a body corporate or an unincorporate body, every director or manager of the corporate or unincorporate body is liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the High Court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence. Service notices of 35. (1) This Regulation applies in relation to any notice to be given to a person by the Centre under this Part. (2) A notice under subregulation (1) may be given — Delisting requests (a) to the person named in the notice; (b) by posting it to the person’s last known address; or (c) by electronic mail; (d) where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned; (e) through substituted service. 36. (1) The Centre is authorised to makedelisting requests on behalf of the Republic in accordance with the delisting procedures under the applicable resolutions in Form II set out in the First Schedule. (2) Despite subregulation (1), a designated or listed person, entity or group may make a request for delisting. (3) A request made by a designated or listed person, entity or group shall be submitted to the Office of the Ombudsperson through the address specified under Part A of the Second Schedule or through such other address as may be specified by the Sanctions Committee. (4) A request for delisting under paragraph (1) may be made on behalf of the designated or listed person, entity or group by a legal representative or estate. 31st December, 2015 Statutory Instruments 447 37. (1) The provisions of the Forfeiture ofProceeds of Crime Act, 2010, shall apply in relation to the seizure and forfeiture of any proceeds or property in connection with a designated or nationally listed person, group or entity. (2) A person who tampers with any property that is seized or forfeited under these Regulations commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding two years. Forfeiture of proceeds or property Act No. 19 of 2010 This Part binds the Republic. 38. (1) (2) A contravention of this Part by the Republic does not make Application to Republic the Republic criminally liable. (3) The High Court may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Republic that constitutes a contravention of a provision of this Part. 448 Statutory Instruments 31st December, 2015 SCHEDULE (Regulations 4 and 36) PRESCRIBED FORMS REPUBLIC OF ZAMBIA The Anti-Terrorism Act, 2007 (Act No. 21 of 2007) Form I (Regulation 4) The Anti-Terrorism (Implementation of the United Nations Security Council Resolutions on the Prevention and Suppression of Terrorism) Regulations, 2015 PART A – LISTING OF INDIVIDUALS CONSOLIDATED LIST: STANDARD FORM FOR MEMBER STATE SUBMISSIONS TO THE COMMITTEE FOR LISTING OF INDIVIDUALS For additionalinformationon listingand explanatorynoteson completing this formsee: www.un.org/sc/committees/1267/listing.shtml 31st December, 2015 Statutory Instruments 449 I.A - IDENTIFYING INFORMATION THATWILL APPEARONTHE CONSOLIDATEDLIST Member States are requested to provide the Committee with as much relevant information as possible, in particular sufficient identifying information to allow for the accurate and positive identificati on of the individual concerned. Full name (inLatin alphabet, as to appear on the List) Name components (Provide1–8components.On the columns to the Leftplease describe each part of the name as first, middle or family name, et cetera.) Describe name component Name of: r e . Other, please describe in writing f e r e m a e m a n e m a n e l d d i M e m a n y l i m a F l a c i h p a r g o e G e l t i t s u o i g i l e R r e h t a f d n a r G h t a f d n a r g r 1. 2. 3. 4. 5. 6. 7. 8. Spelling variations or other anslitera ons if official documents Original script (as to appear on the List) Other script(s) (ifused officially) Indicate script: Dari Pashtu Other Which: Indicate script: Dari Pashtu Other Which: (DD/MM/YYYY) Additional info rmation Arabic Russian Arabic Russi an Date of birth tr t i used i n Chinese Urdu hinese C Urdu Day: Month: Year: Place of birth(city/area/country) Alternative dates or places of birth (please explain) Male /Female Nationality or citizenship(s) State(s) of residence Current Previous(add dates) Current Previous(add dates) Passport(s), other travel documents and national identification documents Document type (see explanatory notes) Document number Name issued to (in original script) Issued by(authority, city, country) Issue date Expiry date Additional information Driver license Passport Social security card Other Which: National identity card Birth certificate Name: Indicate script: Arabic Urdu Other Which: Chinese Dari Pashtu Russian Day: Day: Month: Month: Year: Year: To add more documents, make a copy of and fill in annex A. Please provide a copy of the document if possible. Aliases/ Also-Known- As If the individual has aliases/als o-known-as names, both current and formerly used, please fill in annex B. Provide this information only if the data is sufficie nt to allow for the accurate and positive identificati on of the individual concer ned; otherwise include this information in section I.B of this form, in fields designated for nicknames and other pseudonyms not sufficient for accurate and positive identification. For definitions please see explanatory notes. 450 Statutory Instruments 31st December, 2015 I.B - ADDITIONAL IDENTIFYING INFORMATION THATMAYALSOAPPEARON THE CONSOLIDATEDLIST Member States are requested to provide the following information in order to facilitate t he identification of t he individual concerned. Nomdeguerre Other which: Nickname Adopted name Type Details(in Latin script) Additional information about this pseudonym Nicknames, diminutives and other pseudonyms (Not legal names, Not sufficient for positive identification.) To add more pseudonyms fill in an additional s heet (annex C) Title(s) Employment / Occupation (please provide dates and nature of employment, in particular regarding positions held in listed entities) Marital status Address Primary address Other addresses(current/previous) Current Alternative Location (if different from address) Status Wanted /Subject to arrest warrant Detained(please provide date of likely release) Convicted /Sentenced(please Provide details of se ntence) Others(please see explanatory notes) Relevant INTERPOL Notices Other supplementary information Names of parents Residency permits or visas of individual, or similar official documents Other identity documents Official i dentity number Father’s name Mother’s name Document type Document number Issued by(authority, city, country) Issue date Expiry date Additional info Document type Document number Issued by(authority, city, country) Issue date Expiry date Additional info Type Number Issued by(authority, city, country) Other details Other numbers (indicate type, number and issuer as above) No ….Not Known No ….Not Known No ….Not Known Yes If yes, please explain: Yes If yes, please explain: Yes If yes, please explain: Yes If yes, please explain: Yes If yes, please explain: No ….Not Known No ….Not Known Residency permit Work permit Other Which: Visa Alien registration card Day: Day: Month: Month: Year: Year: Day: Day: Month: Month: Year: Year: Social security number National ID number Other which: Alien registration number Employee number Customer ID number Tax ID To add more documents, make a copy of and fill in annex A. Please provide a copy of the document if possible. 31st December, 2015 Statutory Instruments 451 Eye color Hair color Complexion Yes Yes No No Height(cm) Weight(kg) Build Tribal / ethnic background Photograph, sketch, computer image attached? Other biometric identifiers attached? For examplefinger prints, DNA code, iris scan or digital facialimage Distinguishing marks andother physical characteristics Languagesspoken Additional physical characteristics I.D–OTHER IDENTIFYINGINFORMATIONNOTSPECIFIEDABOVE II. BASIS FOR LISTING Member States are requested to indicate in one or more of the fields below the nature of the association between the individual in scribed in section I.A oft his form and Al-Qaida, Usamabin Laden and/or the Tal iban asset out in paragraphs2 and3of resolution 1617 (2005) and subsequent resolutions. Full explanations and details of the nature of this association should be given in Part III of this form(Statement of Case). Please include the permanent reference number(s)of those names which the individual associated with that already appear on the Consolidated List. In the event of the designation of this individual by the Committee, t he information provided will be used for the development of the narrative summary of reasons for listing to be published on the Committee’s website in accordance with paragraph 14of Security Council resolution1904(2009). (a)participating in the financing 1, planning, facilitating, preparing, or perpetrating of acts or activities by, in c onjunction with, under the name of, on behalf of, or in support of Al-Qaida(AQ), Sambaing Laden (UBL),or the Taliban, or any cell, affiliate, splinter group or derivative thereof. 2 • Name(s) and permanent reference number(s)on Consolidated List (if applicable): (b) supplying, selling or transferring arms and related materiel to AQ,UBL or the Tali ban, or any cell, affiliate, splinter group or derivative thereof.2 • Name(s) and permanent reference number(s) on Consolidated List (if applicabl e): (c)recruiting for AQ,UBL orthe Taliban, or any cell, affiliate, s plinter group or derivative thereof. 2 • Name(s) and permanent reference number(s)on Consolidated List (if applicable): (d) other wise supporting acts or activities of AQ, UBLor the Taliban, or any cell, affiliate, s plinter group or derivative thereof. 2 • Name and permanent reference number(s) on Consolidated List(if applicable): (e)other acts and activity indicati ng association with AQ, UBL or the Tali ban, or any cell, affiliate , splinter group or derivative thereof.2 • Name and permanent reference number(s) on Consolidated List(if applicable): • Briefly state the nature of the association: (f) entity owned or controlled, directly or indirectly, by, or otherwise supporting, an individual or entity on the Consolidated List. 2 • Name(s)and permanent reference number(s)on Consolidated List (if applicable ): 1The Security Council has noted that such means of financing or support include but are not limited to the use of proceeds derived from illicit cultivation, production and trafficking of narcotic drugs originating particularly in Afghanistan, and their precursors (resolution1904 (2009), para.9). 43 452 Statutory Instruments 31st December, 2015 III. STATEMENT OFCASE III. STATEMENT OF CASE The Statement of Case should provide as much detail as possible on the basis(es) for listing, including:(i) specific information supporting a determination that the individual meets the criteria above; (ii) t he nature of the information, for example, intelligence, law enforcement, judicial, media, and admissions by subject; and (iii) additional information or documents provided with the submission. States should include details of any connection between the individual proposed for listing and any currently listed individual or entity.3 In accordance with paragraph 11of resolution1904(2009),the whole statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph14 of resolution 1904 (2009). III.A STATEMENTOFCASE(RELEASABLE UPONREQUEST) III.B PARTSOF STATEMENT OF CASE IDENTIFIED AS BEING CONFIDENTIAL TOTHE COMMITTEE IV.IDENTITYOFDESIGNATINGSTATE In accordance with paragraph 12of resolution1904(2009)Member States proposing a new designation are encouraged to specify whether the Committee may make known, upon request from a Member State, the Member State’s status as a designating State. Yes No V. INTERPOL COOPERATION The Security Council stressed in its resolution 1699 (2006) that its sanctions measuresare often implemented under national law, including criminal law where applicable, and that enhanced cooperation between the United Nations and INTERPOL would enhance States’ enforcement of those laws. In the same resolution, the Security Council e ncouraged Member States to use the tools offered by INTERPOL to reinforce the implementati on of mandatory meas ures adopted by the Security Council, partic ularly the freezing of assets, travel bans, and arms embargoes. In this connection, the Committee regularly requests INTERPOL to issue INTERPOL-United Nations Security Council Special Notices to alert national law enforcement authorities in INTERPOL member countries that designated individuals and entities are subject to Security Council sanctions. INTERPOL may for implementation purposes wish to contact the relevant authorities in your country, with a view to obtaining additional information on the individual(s)/entity(ies) proposed for designation herewith. For this purpose, please indicate below if the Committee may inform INTERPOL, upon INTERPOL’s request, that your country is a designating State of the above- mentioned individual(s)(INTERPOL would then contact your country’s permanent mission to the United Nations inNew York with the relevant inquiries). No Comments: Yes In addition, please indicate below if the Committee may convey to INTERPOL, upon INTERPOL’s request, the details of the point ofcontact below within your Government (INTERPOL may then contact directly the contact point below with the relevant inquiries). Yes Comments: No Position/Title: Name: Contact details: Office: Address: Telephone number: Fax number: E-mail address: 31st December, 2015 Statutory Instruments 453 ANNEX A – Additional identification documents Make as many copies of this sheet as needed and fill them in where relevant – other entries may remain blank. Passport(s), other travel documents and national identification documents Passport(s), other travel Documents and national identification documents Residency permits or visas of individual, or other identity documents Other identity documents Official identity number Document type (seeexplanatory notes) Document number Name issued to (in original script) Issuedby(authority, city, country) Issuedate Expiry date Additional information Document type (seeexplanatory notes) Document number Name issued to (in original script) Issuedby(authority, city, country) Issuedate Expiry date Additional information Passport Driverlicense National identitycard Social security card Name: Indicate script: Arabic Chinese Dari Pashtu Russian Urdu Day: Day: Month: Month: Year: Year: Passport Driverlicense National identitycard Social security card Name: Indicate script: Arabic Chinese Dari Pashtu Russian Urdu Day: Day: Month: Month: Year: Year: Document type Residency permit Work permit Visa Alienregistrationcard Day: Day: Month: Month: Year: Year: Day: Day: Month: Month: Year: Year: Social security number Alienregistration number Customer ID number Document number Issuedby(authority, city, country) Issuedate Expiry date Additional info Document type Document number Issuedby(authority, city, country) Issuedate Expiry date Additional info Type Number Issuedby(authority, city, country) Otherdetails Other numbers (indicate type, number andis user as above) 454 Statutory Instruments 31st December, 2015 ANNEX B – Aliases and Also -Known-As onlyifdataissufficienttoallowfortheaccurateandpositiveidentificationof the Include otherwise includeasnickname,diminutiveorotherpseudonyminsectionI.B.ofthestandardform.Makeasmanycopiesofthis s heet as needed and fill them in where relevant– other entries may remain blank. concerned, individual Full name (in Latinalphabet, as to appearon the List) Name components (Provide1–8components.Onthecolumnstothe left, pleasedescribe eachpart of the name asfirst, middle or family name, et cetera.) Describe name component Name of: . f e r l a c i h p a r g o e G e l t i t s u o i g i l e R r e h t a f d n a r g - t a e r r e h t a f d n a r r e h t a F G G r e h t o M e b i r T e m a n e l d d i M e m a n t s r i F e m a n y l i m a F e m a n t s a L Other, please describe inwriting 1. 2. 3. 4. 5. 6. 7. 8. Spelling variations or other transliterations if used in official documents Original script (as to appear on the List) Other script(s) (if used officially) Indicate script: Arabic Indicate script: Arabic Chinese Chinese Day: Month: Year: Date of birth (DD/MM/YYYY) Additional information Current Previous(add dates) Current Previous(add dates) Place of birth(city/area/country) Alternative dates or places of birth(please explain) Nationality or citizenship(s) State(s) of residence Any additional information (background on alias) 31st December, 2015 Statutory Instruments 455 ANNEX C – ADDITIONAL NICKNAMES, DIMINUTIVES OR PSEUDONYMS Include only if data is not sufficient for accurate and positive i dentification of the individual concerned Make as many copies of this sheet as needed and fill them in where relevant – other entries may remain blank. Nomdeguerre Other Which: Nickname Adopted name Nomdeguerre Other Which: Nickname Adopted name Nomdeguerre Other Which: Nickname Adopted name Nomdeguerre Other Which: Nickname Adopted name Nomdeguerre Other Which: Nickname Adopted name Nomdeguerre Other Which: Nickname Adopted name Type Details(in Latin script) Additional information about this pseudonym Type Details(in Latin script) Additional information about this pseudonym Type Details(in Latin script) Additional information about this pseudonym Type Details(in Latin script) Additional information about this pseudonym Type Details(in Latin script) Additional information about this pseudonym Type Details(in Latin script) Additional information about this pseudonym Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) Nicknames, diminutives and other pseudonyms (Not legal names, not sufficient for positive identification) 456 Statutory Instruments 31st December, 2015 PART B – LISTING OF ENTITIES CONSOLIDATED LIST: STANDARD FORM FOR MEMBER STATE SUBMISSIONS TO THE COMMITTEE FOR LISTING OF ENTITIES For additional information on listing and explanatorynotes on completing this formsee: www.un.org/sc/committees/1267/listing.shtml I.A - IDENTIFYING INFORMATION THATWILL APPEARONTHE CONSOLIDATEDLIST Member States arerequestedto provide the Committee with asmuch relevant information as possible ,in particular sufficient identifying informationto allow for the accurate andpositive identification of the entity concerned. Full Name (in Latin alphabet, as to appearon the List) Spelling variations or othertransliterations if used in official documents Original script (as to appear on the List) Indicate script:Arabic Chinese Other script(s) (If used officially) Indicate script:Arabic Chinese Short name/acronym(s) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicatescript Arabic Chinese Dari Pashtu Russian Urdu Type Previous legal name Previous registeredname Also-known-as Additional information(dates) Toadd more aliases / AKAs /FKAs, fill inan additional sheet (annexA) Business registration number Tax identification number Employer Day Month Year Registration and other identification numbers Registered Address Number Type Issuingauthority Other numbers(indicate details as above) Current Previous,if any Date of establishment(DD/MM/YYYY) Additional information Place of establishment State(s) ofmain activity Address(es) instate(s) of main activity Please stateany specific limitations relevantto the sanctions implementation (see explanatorynotes) 31st December, 2015 Statutory Instruments 457 I.B - OTHER IDENTIFYING INFORMATION THAT MAYALSOAPPEAR ONTHECONSOLIDATEDLIST Member States arerequestedto provide the following information in order to facilitate the identification of the entity concerned. Type of entity Registered company/ business Unregistered company/ business Nature ofbusiness or activity Criminal activity Charity /humanitarian assistance Banking Location Current Previous (adddates) Branches/ subsidiaries (use annexB to report details) Parent company (use annexB to report details) Leadership and management (use annexC to report details) Organizational linkages Known assets/ location of assets/ patterns of provision Known bank accounts / BIC/ SWIFT / IBAN codes(if possible) Status In liquidation/suspended/ terminated/ operating license withdrawn Operatingunder care taker or equivalent Banned/illegal/clandestine Yes No ….Not Known If yes,please explain: Yes Yes No ….Not Known If yes,please explain: No ….Not Known If yes, please explain: Other Please explain: Relevant INTERPOL Notices Yes No ….Not Known If yes please explain: I.C–OTHER IDENTIFYINGINFORMATIONNOTSPECIFIEDABOVE 458 Statutory Instruments 31st December, 2015 II. BASIS FOR LISTING Member States arerequested to indicate in one or more of the fields below the nature of the association between the entity in scribed in section I.A of this form and Al-Qaida, Usamabin Laden and/or the Taliban asset out in paragraphs 2 and 3 of resolution 1617 (2005)and subsequent resolutions. Full explanations and details of the nature of this association should be given in Part III of this form(Statement of Case).Please include the permanent reference number(s) of those names which the entity is associated withthat already appear on the Consolidated List. In the eventof the designation of this entity by the Committee, the information provided will beused for the development of the narrative summaryof reasons for listing to be published on the Committee’s website inaccordance with paragraph 14 of Security Council resolution 1904 (2009). (a)participating in the financing1, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al-Qaida(AQ),Usamabin Laden (UBL),or the Taliban, or any cell, affiliate, splinter group or derivative thereof. 2 • Name(s)and permanent reference number(s)on Consolidated List (if applicable): (b) supplying, selling or transferring arms and related materiel to AQ,UBL or the Taliban, or any cell, affiliate, splintergroup or derivative thereof.2 • Name(s) and permanent reference number(s) on ConsolidatedList (if applicable): (c)recruiting for AQ,UBL or the Taliban, or any cell, affiliate, splinter group orderivativethereof. 2 • Name(s)and permanent reference number(s)on Consolidated List (if applicable): (d) otherwisesupportingacts or activities of AQ,UBLor the Taliban, or any cell, affiliate, splinter group or derivativethereof. 2 • Name and permanent reference number(s) on Consolidated List(if applicable): (e)other act sand activity indicating association with AQ,UBL orthe Taliban, or any cell, affiliate, splinter group or derivativethereof. 2 • Name and permanent reference number(s) on Consolidated List(if applicable): • Briefly statethe nature of the association: (f) entity ownedor controlled, directlyor indirectly, by, or otherwisesupporting, anindividual or entity on the Consolidated List.2 • Name(s)and permanent reference number(s)on Consolidated List (if applicable): 1The Security Council has noted that such means offinancing or support include but are not limited to the useof proceeds derived from illicit cultivation, production and trafficking of narcotic drugsor igniting particularlyin Afghanistan, and their precursors(resolution1904(2009),para.9). 31st December, 2015 Statutory Instruments 459 III. STATEMENT OFCASE The Statement of Case should provide as much detail as possible on the basis(es)for listing, including:(i) specific information supporting a determination that the entity meets the criteria above;(ii) the nature of the information, for example, intelligence, law enforcement, judicial, or media; and (iii) additional information or documents provided with the submission. States should include details of any connection betweenthe entity proposed for listing and any currently listed individual or entity.3 In accordance with paragraph 11of resolution1904(2009),the wholestatement of caseshall bereleasable, upon request, except for the parts a Member State identifies asbeing confidentialto the Committee, andmay be used to develop the narrative summary of reasons for listing described in paragraph14 of resolution 1904 (2009). III.A STATEMENTOFCASE(RELEASABLE UPONREQUEST) III.B PARTSOF STATEMENT OF CASE IDENTIFIED AS BEING CONFIDENTIAL TOTHE COMMITTEE IV.ID ENTITYOFDESIGNATINGSTATE In accordance with paragraph 12 of resolution1904(2009)Member States proposing anew designation are encouraged to specify whether the Committee may make known, upon request from a Member State, the Member State’sstatus as adesignating State. Yes No V. INTERPOL COOPERATION The SecurityCouncil stressedin its resolution 1699 (2006)that its sanctions measures are oftenimplemented under national law, including criminal lawwhereapplicable, and that enhanced cooperation betweenthe United Nations and INTERPOLwould enhance States’ enforcement of those laws. Inthe same resolution, the Security Council encouraged Member Statesto use the tools offered by INTERPOL to reinforcethe implementation of mandatorymeasures adoptedby the Security Council, particularly the freezingof assets, travel bans, andarms embargoes. In this connection, the Committeeregularly requests INTERPOLto issue INTERPOL-United Nations Security Council Special Notices to alert national law enforcement authorities in INTERPOL member countries that designated individuals and entities are subject to Security Council sanctions INTERPOL may for implementation purposes wish to contact the relevant authorities in your country, with aview to obtaining additional information on the individual(s)/entity(ies) proposed for designation herewith. For this purpose, please indicatebelow if the Committee may inform INTERPOL, upon INTERPOL’s request, that your country is a designating State of the above- mentioned entity(ies) (INTERPOL would then contact yourcountry’s permanent mission to the United Nations in NewYork with the relevant inquiries). Yes No Comments: In addition, please indicate below if the Committee may convey to INTERPOL, upon Interpol’s request, the details of the pointof contact below within your Government (INTERPOL may then contactdirectly the contact point belowwith the relevant inquiries). Yes No Comments: Name: Contact details: Office: Address: Telephone number: Fax number: E-mail address: Position/Title: 460 Statutory Instruments 31st December, 2015 ANNEX A – Additional aliases and pseudonyms Make as many copies of this sheet as needed and fill them in where relevant – other entries may remain blank. Information provided on this annex may also appear on the Consoli dated List. To provide information that may only be released to other Member States or solely for the Committee’s information, please use sections III.A and III. B. Furthermore, information in this annex is considered as additional identifiers only and it should not referto other separate entities (see annex for relatedentities). Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Alias, also-known-as, formerly- known-as Details(spelling in Latin) Short Name/Acronym(s) Original script Indicate script Type Additional information(dates) Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as Chinese Which: Arabic Other Previous legal name Formerly-known-as Dari Pashtu Russian Urdu Previous registered name Other Which: Also-known-as 31st December, 2015 Statutory Instruments 461 ANNEXB – Information about related entities Make as many copies of this sheet as needed andfill them in whererelevant – other entries may remain blank. Information provided on this annex may also appear on the Consolidated List.To provide information that may only be released to other Member States or solely for the Committee’s information, please use sections III.Aand III.B. Entities referredto in annex B that are not yet included on the ConsolidatedListwillnotbeconsideredsubjecttosanctionsunlessotherwisestatedintheletterof submission, in which case a separate standard form should be filled in foreach entity to be subject to sanctions. RELATED ENTITY (describe type of relation) Shared ownership Subsidiary Parent company Permanentreference number(if listed) Full Name Spelling variations or othertransliterations if used in Official documents Original script(as to appear on the List) Indicatescript:Arabic Chinese Other script(s) (if used officially) Indicatescript:Arabic Chinese Aliases /also-known-as / formerly-known-as Short Name/Acronym(s) Registration and other identification numbers Number Type Registered Address Date of establishment(DD/MM/YYYY) Additional information Place of establishment Nature ofBusiness or Activity Issuing authority Other numbers(indicatedetails as above) Current Previous,if any Type of Entity State(s)of main activity Address(es) instate(s) of main activity Other supplementaryinformation Business registration number Tax identification number Employer Day Month Year Criminal activity Charity /humanitarian assistance Banking Registered company/ business Unregisteredcompany/business Registered non-profit organization Unregisterednon-profit organization Registered group or affiliation Unregisteredgroup or affiliation Illegal paramilitary/ armed group Criminal group 462 Statutory Instruments 31st December, 2015 ANNEX C– Information about leadership and management Make as many copies of this sheet as needed and fill them in where relevant – other entries may remain blank. Information provided on this ann ex may also appear on the Consolidated List. To provide information that may only be released to other Member States or solely for the Committee’s information, please use sections III. A and III.B. Individuals referred to in annex C that are not yeti included on the Consolidated List will not beconsideredsubjecttosanctionsunlessotherwisestatedintheletterof sub mission, in wh ich case a separate st andard form(for individuals) should be filled inform each individual to be subject to sanctions. Manager, member of the leadership or other affiliate of the entity Full name (in Latin alphabet, as to appearon the List) Name components (Provide1–8components.Onthecolumnstothe left,please describe each part of the name as first, middle or family name, et cetera.) Describe name component Name of: Other, please describe in writing e m a n e l d d i M e m a n t s a L e m a n y l i m a F e m a n t s r i F . f e r l a c i h p a r g o e G e l t i t s u o i g i l e R r e h t a f d n a r G r e h t a F r e h t a f d n a r g - t a e r G r e h t o M e b i r T 1. 2. 3. 4. 5. 6. 7. 8. Spelling variations or other transliterations if used in o ficial documents Original script (as to appear on the List) Arabic Russian Chinese Urdu f Indicate script: Dari Pashtu Other Which: Indicate script: Pashtu Dari Other Which: (DD/MM/YYYY) Additional information Other script(s) (if used officially) Date of birth Arabic Russian Chinese Urdu Day: Month: Year: Place of birth(city/area/country) Alternative dates or places of birth(please explain) Male /Female Nationality or citizenship(s) State(s) of residence Current Previous(add dates) Current Previous(add dates) Top management Mid-management Supreme leader Chairman Deputy chairman /leader Sole owner Beneficiary Adviser Other Which: Financier Trainer Partner Facilitator Lower management Majority owner Recruiter Sub-leader Operative Part-owner Employee Accountant Technical specialist Position or role in the entity Any additional information (background on alias) 31st December, 2015 Statutory Instruments 463 Form II (Regulation 36) REPUBLIC OF ZAMBIA The Anti-Terrorism Act, 2007 (Act No. 21 of 2007) __________ The Anti-Terrorism (Implementation of the United Nations Security Council Resolutions on the Prevention and Suppression of Terrorism) Regulations, 2015 Standard form for the submission of requests to remove a name from the Al-Qaida Sanctions List maintained by the Security Council Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities The use of this form is optional. Ifused, please complete as many fields as possible. D If you are a representative of a Member State: Pleases end the completed form to the Secretariat of the Committee: -by mail: 1267/1989 Committee Secretariat Security Council Subsidiary Organs Branch (Room TB-08040C) United Nations-NewYork, N.Y.10017-USA -by fax: +1212 963 1300/3778 -by email: SC-1267-Committee@un.org D If you are a petitioner (individual, group, undertaking or entity on the Al-Qaida Sanctions List, or a representative thereof): Please refer to the Office of the Ombuds person for guidance website:http://www.un.org/en/sc/ombudsperson/ The use of this form is not required by the Ombudsperson but may be forwarded to her as follows, -by mail: Office of the Ombudsperson Room TB-08041D United Nations-NewYork, NY10017, United StatesofAmerica -by fax:+1212 963 1300/3778 - by email:ombudsperson@un.org TheuseofthisformbynomeansprejudgesthedecisionoftheCommittee. 464 Statutory Instruments 31st December, 2015 I.FORANINDIVIDUAL PermanentReferenceNumber (PRN) Fullna me (in Latinalphabet,asitappearson the List) (DD/MM/YYYY) Dateofbirth Day: Month: Year: Placeofbirth(city/area/country) Male/Female Nationality or citizenship(s) State(s)of residence Addr ess Current Previous(adddates) Current Previous(adddates) Primaryaddress(city/area/country) Otheraddresses(current/previous) Current Other Location (ifdifferentfrom address) AssociatedEntity(entities)ontheAl-Qaida SanctionsList (cf.paragraph5 ofSecurityCouncil resolution1989(2011)) Pleaseindicateif theindividual isdeceased Paragraph 31ofSecurityCouncilresolution1989(2011) encouragesStatesto submitdelistingrequestsfor individualsthatareofficiallyconfirmedto bedead Ot herinfor mation II.FORA GROUP,UNDERTAKINGORENTITY PermanentReferenceNumber (PRN) FullName (in Latinalphabet,asitappearson the List) Shortname/acronym(s) Registrat ionandother identification numbers RegisteredAddress Current Previous,ifany Typeofentity Location Current Previous,ifany Knownassets/locationofassets/ originofassets Pleaseindicateif theentityisreporte dorconfirmedto haveceasedtoexist Paragraph 31ofSecurityCouncilresolution1989(2011) encouragesStatesto submitdelistingrequestsfor entitiesreportedorconfirmedto haveceasedto exist Ot herinformation Yes No If yes,pleaseprovideadeathcertificateor similarofficialdocumentation confirmingthedeath, whichshouldinclude,totheextentpossible,the fullname, permanentreferencenumberanddateofbirthofthe individual,andthedateand placeofdeath,aswellas anyfurtherinformationaboutthecircumstancesofthe death.SeealsopartIIIofthisform. Yes No If yes,pleaseprovideofficialconfirmation.SeealsopartIIIofthisform. 31st December, 2015 Statutory Instruments 465 III. IDENTIFIEDFROZENASSETSOFDECEASEDINDIVIDUALSORENTITIES THATHAVECEASEDTOEXIST (SECTION FORREPRESENTATIVESOFMEMBERSTATES) Paragraph 31ofSecurityCouncilresolution1989(2011)encouragesStatesto take allreasonablemeasuresto ensurethattheassetsthat belongedto theseindividualsorentitieshavenotbeenorwillnotbe transferredordistributedto otherindividuals,groups, undertakingsandentitieson theAl-QaidaSanctionsList Fordeceasedindividuals,isanylegalbeneficiaryofthedeceased’sestate,oranyjointownerofhis/herassets,ontheAl-Qaida SanctionsList? No Yes (Ifyes,pleaseprovidedetails) Fordefunctentities,isanylegalbeneficiaryofthedefunctentity,oranyjointownerofitsassets,ontheAl-QaidaSanctionsList? Yes No (Ifyes,pleaseprovidedetails) IV.PREVIOUSDELISTING REQUESTS(IFKNOWN) Hasade-listingrequestpertainingtothisindividual orentitybeensubmittedbefore? Yes No If yes,pleaseelaborate: V.JUSTIFICATION Thedelistingrequestshouldexplainwhytheindividual orentityconcernednolongermeetsthecriteriadescribedinparagraphs4and5 of resolution1989 (2011).Attachdocumentationwhereappropriate. VI.SUBMISSIONOFDELISTING REQUEST Arequestforthede-listingof 1267/1989SanctionsCommitteeunderpermanentreferencenumber ,currentlyinscribedontheAl-QaidaSanctionsListofthe , is herebysubmitted. (dateand signature/officialseal) (capacityin whichsubmittingform) 466 Statutory Instruments 31st December, 2015 SECOND SCHEDULE (Regulation 36) ADDRESS FOR DE-LISTING REQUESTS Office of the Ombudsperson Room TB-08041D United Nations New York, NY 10017 United States of America Tel: +1 212 963 2671 Fax: +1 212 963 1300/3778 E-mail: ombudsperson@un.org LUSAKA 29th December, 2015 [ MHA/101/25/1] D. MWILA, Minister of Home Affairs