Criminal Justice (Terrorist Offences) Act 2005

Offence of financing terrorism.

13

13.—(1) Subject to subsections (6) and (7), a person is guilty of an offence if, in or outside the State, the person by any means, directly or indirectly, unlawfully and wilfully provides, collects or receives funds intending that they be used or knowing that they will be used, in whole or in part in order to carry out—

( a) an act that constitutes an offence under the law of the State and within the scope of, and as defined in, any treaty that is listed in the annex to the Terrorist Financing Convention, or

( b) an act (other than one referred to in paragraph (a))—

(i) that is intended to cause death or serious bodily injury to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, and

(ii) the purpose of which is, by its nature or context, to intimidate a population or to compel a government or an international organisation to do or abstain from doing any act.

(2) Subject to subsections (6) and (7), a person who attempts to commit an offence under subsection (1) is guilty of an offence.

(3) A person is guilty of an offence if the person by any means, directly or indirectly, unlawfully and wilfully provides, collects or receives funds intending that they be used or knowing that they will be used, in whole or in part—

( a) for the benefit or purposes of a terrorist group as defined in section 4 , or

( b) in order to carry out an act (other than one referred to in paragraph (a) or (b) of subsection (1)) that is an offence under section 6 .

(4) A person who attempts to commit an offence under subsection (3) is guilty of an offence.

(5) An offence may be committed under subsection (1) or (3) whether or not the funds are used to carry out an act referred to in subsection (1) or (3)(b), as the case may be.

(6) Subsections (1) and (2) apply to an act committed outside the State if the act—

( a) is committed on board an Irish ship,

( b) is committed on an aircraft registered in or operated by the State,

( c) is committed by a citizen of Ireland or by a stateless person habitually resident in the State,

( d) is directed towards or results in the carrying out of an act referred to in subsection (1) in the State or against a citizen of Ireland,

( e) is directed towards or results in the carrying out of an act referred to in subsection (1) against a State or Government facility of the State abroad, including an embassy or other diplomatic or consular premises of the State, or

( f) is directed towards or results in the carrying out of an act referred to in subsection (1) in an attempt to compel the State to do or abstain from doing any act.

(7) Subsections (1) and (2) apply also to an act committed outside the State in circumstances other than those referred to in subsection (6) , but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43 (2) for an offence in respect of that act except as authorised by section 43(3) .

(8) A person guilty of an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 20 years or both.

Annotations:

Editorial Notes:

E8

Procedures in relation to terrorist financing under section for investigations and requirements in relation to financial and professional service providers provided (15.07.2010) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010), Parts 3 and 4, S.I. No. 342 of 2010.

E9

Terrorist financing under section designated as a relevant offence (9.08.2011) for the purpose of provisions relating to orders directing the production of documents or the provision of information under Criminal Justice Act 2011 (22/2011), s. 3 and Part 3, S.I. No. 411 of 2011.