Section 2

of Anti-Terrorism Order, 2011

ORDERIn forceProvision 2 of 71

Section 2

(1)

In this Order, unless the context otherwise requires-

613

"Authority" means the Autoriti Monetari Brunei Darussalam established by section 3(1) of the Autoriti Monetari Brunei Darussalam Order, 2010

(S 103/2010);

"counter-terrorism convention" means any of the Conventions specified in the Schedule;

"country" includes a territory;

"designated non-financial businesses and professions" means any of the following-

(af real estate agents;

{b) casinos, including internet casinos;

(c)

dealers in precious metals, precious stones and jewellery;

(d)

advocates and solicitors, notaries, other independent legal professionals and accountants when they prepare for, engage in, or carry out transactions for a client concerning any of the following activities -

(i)

purchase and sale of real estate;

(ii)

management of client money, securities or other assets;

(iii)

management of bank, savings or securities accounts;

(iv)

organisation of contributions for the creation, operation or management of entities;

(v)

creation, operation or management of entities or arrangements, and purchase and sale of business entities;

(ej trust and company service providers not otherwise covered by this

Order which, as business, prepare for or carry out transactions on behalf of clients in relation to any of the following services to third parties -

(i)

acting as a formation, registration or management agent of entities;

(ii)

acting as, or arranging for another person to act as, a director or secretary of a company or partner of a partnership, or to hold a similar position in relation to other entities;

(iii)

providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other entity or arrangement;

(iv)

acting as, or arranging for another person to act as, a trustee of an express trust or other similar arrangement;

fv)

acting as, or arranging for another person to act as, a nominee shareholder for another person;

{fJ such other businesses and professions as may be specified by the

Authority;

"entity" includes a person, group, trust, partnership or fund;

614

615 1st. AUGUST, 2011

"explosive or other lethal device" means -

fa} an explosive or other incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or

{bj 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 -

(i)

toxic chemicals, biological agents or toxins or similar substances;

(ii)

radiation or radioactive material; or

(iii)

nuclear material;

"financial institution" means -

{aj in relation to Brunei Darussalam -

(i)

a bank licensed under section 4 or 23 of the Banking Order,

2006 (S 45/2006), an international bank licensed under section 7 of the International Banking Order, 2000 (S 53/2000)

and an Islamic bank licensed under section 4 or 23 of the

Islamic Banking Order, 2008 (S 96/2008);

(ii)

the Perbadanan Tabung Amanah Islam Brunei established by section 3{ 1) of the Perbadanan Tabung Amanah Islam Brunei

Act (Chapter 163);

(iii)

any insurer registered under the Insurance Order, 2006

(S 48/2006) or the Takaful Order, 2008 (S 100/2008) or any person licensed under the International Insurance and

Takaful Order, 2002 (S 43/2002);

(iv)

any finance company licensed under the Finance Companies

Act (Chapter 89);

{v) any person licensed under the Registered Agents and Trustees

Licensing Order, 2000 (S 54/2000), the Mutual Funds Order,

2001 (S 18/2001), the Securities Order, 2001 (S 3112001) or the

International Insurance and Takaful Order, 2002 (S 43/2002);

{vi)

any person licensed to carry on any money-changing business or remittance business under the Money-Changing and

Remittance Businesses Act (Chapter 174); or

(vii)

such other person licensed, approved or regulated by the

Authority under any written law; and

(b)

in relation to any country outside Brunei Darussalam, a person lawfully carrying on therein business corresponding in whole or in part to banking business as defined in section 2(1) of the Banking Order, 2006

(S 45/2006) or in section 2(1) of the International Banking Order, 2000

(S 53/2000); and includes Islamic banking business as defined in section 2(1)

of the Islamic Banking Order, 2008 (S 96/2008);

"Financial Intelligence Unit" means the agency responsible for receiving, requesting, analysing and disseminating information concerning suspected proceeds of crime, money-laundering and terrorist financing;

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

"military forces of a State" means -

(a)

the armed forces of a country which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;

(b)

civilians who direct or organise the official activities of those armed forces; or

(cj civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;

"Minister" means the Minister responsible for internal security matters;

"place of public use" -

(a)

means those parts of any building, land, street or waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and whether for free or on payment of a charge; and

(b)

includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public;

616

617 1st. AUGUST, 2011

"property" means -

(a)

assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

(b)

legal documents or instruments in any form, including electronk or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;

"public transportation system" means all conveyances, facilities, buildings and objects (whether publicly or privately owned) used in or for services that are available to the public for the transportation of persons or cargo;

"State or govenunent facility" means any conveyance or facility (whether permanent or temporary) used or occupied by any of the following persons in connection with their official duties -

{a} a representative of any government;

(b)

the Head of State of any country;

{c)

the Prime Minister or a minister of any country;

{d) a member of the legislature or judiciary of any country;

(e)

an official or employee of any government or of any intergovernmental organisation;

ftsuspicious transaction report" means a report required to be submitted under section 47;

"terrorism financing offence" means-fa} any offence under section 4, 5, 6, 7 or 8;

(b)

conspiracy to commit any of those offences;

{c) inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

{e) aiding, abetting, counselling or procuring the commission of any of those offences;

"terrorist" means any person who -

(a)

commits, or attempts to commit, any terrorist act;

{b) prepares for any terrorist act;

(c)

participates in or facilitates the commission of any terrorist act;

(d)

promotes or encourages any terrorist act; or

(e)

is otherwise concerned in any terrorist act, and includes any person declared in an order made under section 65 to be a terrorist;

"terrorist entity" means any entity owned or controlled by any terrorist or group of terrorists and includes an association of such entities;

"transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition, or the arrangement thereof, and includes -

{a) the opening of an account;

{bj any deposit, withdrawal, exchange or transfer of funds in any currency whether in cash or by cheque, payment order or other instrument or by electronic or other non-physical means;

(c)

the use of a safety deposit box or any other form of safe deposit;

(d)

entering into any fiduciary relationship;

(e)

any payment made or received in satisfaction, in whole or in part, of any contractual or other legal obligation;

{()

establishing or creating an entity or legal arrangement; or

(g)

such other transaction as may be specified by the Authority.

(2)

Subject to subsection (3). in this Order, "terrorist act" means-

{a} an act or omission in or outside Brunei Darussalam which constitutes an offence within the scope of a counter-terrorism convention; or 618

619 1st. AUGUST, 2011

(b)

the use or threat of action (whether m Brunei Darussalam or elsewhere) -

(il where the action -

(A)

involves serious violence against any person;

(BJ involves serious damage to propetiy;

{C) endangers any person's life;

(D)

creates a serious risk to the health or safety of the public or a section of the public;

(E)

involves the use of firearms or explosives;

(F)

involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to -

(I)

any dangerous, hazardous, radioactive or harmful substance;

(II)

any toxic chemical;

(III)

any microbial or other biological agent or toxin; or

(IV)

any nuclear material;

(G)

is designed to disrupt any public computer system or the provision of services directly related to communications infrastructttre, banking or any financial services, public utilities, public transportation or public key infrastructure;

(H)

is designed to disrupt the provision of essential emergency services; or

(I)

involves prejudice to public security or national defence;

(ii)

where the use or threat is intended or reasonably regarded as intending to -

(A)

influence or compel the Government, any other government or any international organisation to do or abstain from doing any act; or

(B)

intimidate the public or a section of the public.

131

Notwithstanding anything in subsection (2), a terrorist act does not include the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

(4)

In this Order, any reference to a terrorist act includes any act referred to in section 17(2) or (3).

{5)

For the purposes of subsection (2) -

(a)

a reference to any person or property is a reference to any person or property wherever situated, within or outside Brunei Darussalam; and

(b)

a reference to the public includes a reference to the public of a country other than Brunei Darussalam.

Read in full context — Anti-Terrorism Order, 2011 →

Section 2

of Anti-Terrorism Order, 2011

ORDERIn forceProvision 2 of 71

Section 2

(1)

In this Order, unless the context otherwise requires-

613

"Authority" means the Autoriti Monetari Brunei Darussalam established by section 3(1) of the Autoriti Monetari Brunei Darussalam Order, 2010

(S 103/2010);

"counter-terrorism convention" means any of the Conventions specified in the Schedule;

"country" includes a territory;

"designated non-financial businesses and professions" means any of the following-

(af real estate agents;

{b) casinos, including internet casinos;

(c)

dealers in precious metals, precious stones and jewellery;

(d)

(i)

purchase and sale of real estate;

(ii)

management of client money, securities or other assets;

(iii)

management of bank, savings or securities accounts;

(iv)

organisation of contributions for the creation, operation or management of entities;

(v)

creation, operation or management of entities or arrangements, and purchase and sale of business entities;

(ej trust and company service providers not otherwise covered by this

Order which, as business, prepare for or carry out transactions on behalf of clients in relation to any of the following services to third parties -

(i)

acting as a formation, registration or management agent of entities;

(ii)

acting as, or arranging for another person to act as, a director or secretary of a company or partner of a partnership, or to hold a similar position in relation to other entities;

(iii)

providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other entity or arrangement;

(iv)

acting as, or arranging for another person to act as, a trustee of an express trust or other similar arrangement;

fv)

acting as, or arranging for another person to act as, a nominee shareholder for another person;

{fJ such other businesses and professions as may be specified by the

Authority;

"entity" includes a person, group, trust, partnership or fund;

614

615 1st. AUGUST, 2011

"explosive or other lethal device" means -

fa} an explosive or other incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or

{bj 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 -

(i)

toxic chemicals, biological agents or toxins or similar substances;

(ii)

radiation or radioactive material; or

(iii)

nuclear material;

"financial institution" means -

{aj in relation to Brunei Darussalam -

(i)

a bank licensed under section 4 or 23 of the Banking Order,

2006 (S 45/2006), an international bank licensed under section 7 of the International Banking Order, 2000 (S 53/2000)

and an Islamic bank licensed under section 4 or 23 of the

Islamic Banking Order, 2008 (S 96/2008);

(ii)

the Perbadanan Tabung Amanah Islam Brunei established by section 3{ 1) of the Perbadanan Tabung Amanah Islam Brunei

Act (Chapter 163);

(iii)

any insurer registered under the Insurance Order, 2006

(S 48/2006) or the Takaful Order, 2008 (S 100/2008) or any person licensed under the International Insurance and

Takaful Order, 2002 (S 43/2002);

(iv)

any finance company licensed under the Finance Companies

Act (Chapter 89);

{v) any person licensed under the Registered Agents and Trustees

Licensing Order, 2000 (S 54/2000), the Mutual Funds Order,

2001 (S 18/2001), the Securities Order, 2001 (S 3112001) or the

International Insurance and Takaful Order, 2002 (S 43/2002);

{vi)

any person licensed to carry on any money-changing business or remittance business under the Money-Changing and

Remittance Businesses Act (Chapter 174); or

(vii)

such other person licensed, approved or regulated by the

Authority under any written law; and

(b)

(S 45/2006) or in section 2(1) of the International Banking Order, 2000

(S 53/2000); and includes Islamic banking business as defined in section 2(1)

of the Islamic Banking Order, 2008 (S 96/2008);

"military forces of a State" means -

(a)

the armed forces of a country which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;

(b)

civilians who direct or organise the official activities of those armed forces; or

(cj civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;

"Minister" means the Minister responsible for internal security matters;

"place of public use" -

(a)

(b)

includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public;

616

617 1st. AUGUST, 2011

"property" means -

(a)

assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

(b)

"State or govenunent facility" means any conveyance or facility (whether permanent or temporary) used or occupied by any of the following persons in connection with their official duties -

{a} a representative of any government;

(b)

the Head of State of any country;

{c)

the Prime Minister or a minister of any country;

{d) a member of the legislature or judiciary of any country;

(e)

an official or employee of any government or of any intergovernmental organisation;

ftsuspicious transaction report" means a report required to be submitted under section 47;

"terrorism financing offence" means-fa} any offence under section 4, 5, 6, 7 or 8;

(b)

conspiracy to commit any of those offences;

{c) inciting another to commit any of those offences;

(d)

attempting to commit any of those offences; or

{e) aiding, abetting, counselling or procuring the commission of any of those offences;

"terrorist" means any person who -

(a)

commits, or attempts to commit, any terrorist act;

{b) prepares for any terrorist act;

(c)

participates in or facilitates the commission of any terrorist act;

(d)

promotes or encourages any terrorist act; or

(e)

is otherwise concerned in any terrorist act, and includes any person declared in an order made under section 65 to be a terrorist;

"terrorist entity" means any entity owned or controlled by any terrorist or group of terrorists and includes an association of such entities;

"transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition, or the arrangement thereof, and includes -

{a) the opening of an account;

{bj any deposit, withdrawal, exchange or transfer of funds in any currency whether in cash or by cheque, payment order or other instrument or by electronic or other non-physical means;

(c)

the use of a safety deposit box or any other form of safe deposit;

(d)

entering into any fiduciary relationship;

(e)

any payment made or received in satisfaction, in whole or in part, of any contractual or other legal obligation;

{()

establishing or creating an entity or legal arrangement; or

(g)

such other transaction as may be specified by the Authority.

(2)

Subject to subsection (3). in this Order, "terrorist act" means-

{a} an act or omission in or outside Brunei Darussalam which constitutes an offence within the scope of a counter-terrorism convention; or 618

619 1st. AUGUST, 2011

(b)

the use or threat of action (whether m Brunei Darussalam or elsewhere) -

(il where the action -

(A)

involves serious violence against any person;

(BJ involves serious damage to propetiy;

{C) endangers any person's life;

(D)

creates a serious risk to the health or safety of the public or a section of the public;

(E)

involves the use of firearms or explosives;

(F)

involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to -

(I)

any dangerous, hazardous, radioactive or harmful substance;

(II)

any toxic chemical;

(III)

any microbial or other biological agent or toxin; or

(IV)

any nuclear material;

(G)

(H)

is designed to disrupt the provision of essential emergency services; or

(I)

involves prejudice to public security or national defence;

(ii)

where the use or threat is intended or reasonably regarded as intending to -

(A)

influence or compel the Government, any other government or any international organisation to do or abstain from doing any act; or

(B)

intimidate the public or a section of the public.

131

(4)

In this Order, any reference to a terrorist act includes any act referred to in section 17(2) or (3).

{5)

For the purposes of subsection (2) -

(a)

a reference to any person or property is a reference to any person or property wherever situated, within or outside Brunei Darussalam; and

(b)

a reference to the public includes a reference to the public of a country other than Brunei Darussalam.

Read in full context — Anti-Terrorism Order, 2011 →