Terrorist Property Management and Forfeiture: New Laws Introduced

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In an effort to combat terrorism, the government has introduced new laws aimed at managing and forfeiting terrorist property. These regulations come into effect immediately and provide for the direction of control over property suspected of being linked to terrorist activities.

Direction of Control Over Suspected Terrorist Property

Under the new laws, the Attorney-General may apply to the Court for a direction concerning property in Kiribati if there are reasonable grounds to believe that the property is terrorist property. The Court may then direct the Administrator to take custody and control of the property.

Conditions of Direction

The direction must specify the property concerned and may be subject to conditions. A person who has custody or control of the property must allow the Administrator to take custody and control in accordance with the direction.

Notice Requirements

Notice of the making of a direction must be given to the person who owns or controls the property, if practicable, and to any other person who the Attorney-General thinks may have an interest in the property. Failure to comply with this requirement does not affect the validity of the direction.

Variation, Revocation, or Expiry of Direction

The legislation also provides for the variation, revocation, or expiry of a direction. The Court may make another direction varying the conditions of the original direction or revoke the direction on application by:

• The Attorney-General
• The person who owns or controls the property

Relief for Innocent Third Parties

In a move expected to benefit innocent third parties whose property has been wrongly targeted by the new laws, the legislation allows such individuals to apply to the Court for an order declaring their interest in the property and granting them relief from the direction.

Eligibility for Relief

The Court may grant relief to a third party if it is satisfied that their claim to the interest is valid. The Court may declare the nature, extent, and value of the person’s interest in the property and direct the Administrator to:

• Transfer the interest to the person
• Declare an amount equal to the value of the interest payable by the Administrator

Conclusion

The new laws have been widely praised for their focus on protecting the innocent while disrupting terrorist financing. They are expected to be a major step forward in the fight against terrorism.