Financial Crime World

Terrorism Financing Prevention Measures Tightened in British Indian Ocean Territory

New Regulations Enhance Counter-Terrorism Efforts

The British Indian Ocean Territory has taken significant steps to strengthen its regulations against terrorism financing, with the introduction of revised rules under The Terrorism Acts Proclamation 2007. These amendments aim to prevent the financing of terrorism and related activities in the territory.

Key Changes to Existing Laws

  • Magistrates’ Authority Expanded: All references to high court judges and the high court are now construed as referring to magistrates and the magistrate’s court respectively. This means that magistrates will have the authority to exercise powers previously reserved for high court judges in matters related to terrorism.
  • Commissioner’s Power Enhanced: The Commissioner of the British Indian Ocean Territory has been granted the power to authorise searches and other actions, replacing the Secretary of State’s authority under the UK laws.
  • Principal Legal Adviser’s Role Expanded: The Principal Legal Adviser has been empowered to consent to prosecutions and take other necessary actions, rather than the Director of Public Prosecutions.

New Trial Procedures

  • Terrorism-Related Offences: The revised regulations provide for the trialling of terrorism-related offences in the Magistrate’s Court, unless the Principal Legal Adviser deems it necessary to try the case in the Supreme Court.
  • Sentence Imposition: Magistrates have been granted the authority to impose sentences up to those provided under the UK laws, despite a limitation imposed by the Criminal Procedure Code 2019.

Changes to Police Powers

  • Senior Police Officers’ Powers Replaced: Powers previously given to senior police officers have been replaced with those of public prosecutors authorised pursuant to section 55(1) of the Criminal Procedure Code 2019.

Commitment to International Standards

The revised regulations reflect the British Indian Ocean Territory’s commitment to preventing terrorism financing and related activities within its jurisdiction. The territory is taking a proactive approach to ensuring that its laws are aligned with international standards, while also adapting them to suit local circumstances.

Key Provisions:

  • Incorporation of key provisions from UK’s Terrorism Act 2000 and Terrorism Act 2006
  • Modifications to existing laws to prevent terrorism financing and related activities
  • Granting powers to magistrates to exercise previously reserved high court judges’ authority
  • Empowering the Commissioner and Principal Legal Adviser with new authorities
  • Trialling of terrorism-related offences in the Magistrate’s Court, unless necessary to try in Supreme Court