Revised Laws of Saint Lucia (2022)

37.   Refusal and revocation of registration of charities linked to terrorist groups

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   (1)   The Registrar of Companies may sign a certificate refusing or revoking registration of a charity, based on information received including any security or criminal intelligence reports, where there are reasonable grounds to believe that an applicant for registration as a registered charity (in this section referred to as “the applicant”) or a registered charity has made, is making, or is likely to make available, any resources, directly or indirectly, to a terrorist group.

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   (2)   A copy of the signed certificate shall be served on the applicant or the registered charity, personally or by registered letter sent to its last known address, with a copy of the certificate.

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   (3)   The certificate or any matter arising out of it shall not be subject to review or be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with this section.

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   (4)   Within 30 days of receipt of the copy of the notice under subsection (2), the applicant or the registered charity may make an application to the High Court to review the decision of the Registrar of Companies.

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   (5)   Upon filing of an application under subsection (4), a judge of that court shall—

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      (a)     examine in chambers, the information, including any security or criminal or intelligence reports, considered by the Registrar of Companies before signing the certificate and hear any evidence or information that may be presented by or on behalf of the Registrar of Companies, whether or not such information is admissible in a court of law, and may, on the request of the Registrar of , Companies, hear all or part of that evidence or information in the absence of the applicant or registered charity, or any counsel representing the applicant or the registered charity, if the judge is of the opinion that the disclosure of the information would be prejudicial to national security or endanger the safety of any person;

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      (b)     provide the applicant or the registered charity with a statement summarising the information available to the judge so as to enable the applicant or the registered charity to be reasonably informed of the circumstances giving rise to the certificate without disclosing any information the disclosure of which would, in the judge's opinion, be prejudicial to national security or endanger the safety of any person;    

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      (c)     provide the applicant or registered charity with a reasonable opportunity to be heard; and

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      (d)     determine whether the certificate is reasonable on the basis of all the information available to the judge or if found not reasonable, quash it.

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   (6)   A determination under subsection (5), shall not be subject to appeal or review by any court.

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   (7)   Where the judge determines, under subsection (5), that a certificate is reasonable, or if no application is brought upon the expiry of 30 days from the date of service of the notice, the Registrar of Companies shall cause the certificate to be published in the Gazette.

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   (8)   A certificate determined to be reasonable under subsection (5) shall be deemed for all purposes to be sufficient grounds for the refusal of the application for registration of the charity referred to in the certificate or the revocation of the registration of the charity referred to in the certificate.

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   (9)   Where the judge determines that the certificate is not reasonable, he or she shall order the registration or continued registration of the charity.

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   (10)   For the purposes of this section, “charity” includes a company registered as a non-profit company under the Companies Act or any enactment replacing it.