The Criminal Justice (Terrorist Offences) Act 2005 was signed into law on the 8th March 2005. Its provisions had immediate effect with the exception of those set out in Section 32 which required designated bodies (now designated persons) to have procedures (including staff training) in place to facilitate the detection of Terrorist Funding. The provisions of Section 32 came into force on 8th of July 2005.
The main purpose of this Act was to enhance the State’s response to international terrorism. It gives effect to a number of international instruments directed to terrorism and meets commitments which Ireland has undertaken as part of the European Union and the broader international community.
New Offence
The Act brought in a new offence of ‘financing of terrorism’. In Summary this is:
• If you collect or receive funds intending or knowing that they will be used to carry out an act that is either:
- o an offence in Ireland within the scope of the Terrorist Financing Convention
- o intended to cause serious bodily injury with the purpose being to intimidate a population/government to do or abstain from doing anything
• If you collect or receive funds intending or knowing that they will be used for:
- o the benefit of a terrorist group
- o the carrying out of an act noted above
Most importantly, a firm could be guilty of an offence if they:
• failed to implement measures to forestall and prevent operations relating to terrorist financing
• failed to report your suspicion of the above offences to Garda & Revenue and Revenue Commissioners
For a copy of the Act click here