(1) Where the Attorney General receives information referred to under section 3A from the Financial Intelligence Authority and the Attorney General has reasonable grounds to believe that an entity meets the following criteria, namely that—
(a) an entity—
(i) is participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of,
(ii) is supplying, selling or transferring arms and related material to,
(iii) is recruiting for or otherwise supporting acts or activities of, Al-Qaida, or any cell, affiliate, splinter group or derivative of Al-Qaida;
(b) an entity is owned or controlled, directly or indirectly, by an entity referred to under paragraph (a);
(c) an entity is acting on behalf of or at the direction of an entity referred to under paragraph (a);
(d) an entity—
(iii) is recruiting for or is otherwise supporting acts or activities of an entity referred to under subparagraph (i) that is associated with,
the Taliban in constituting a threat to the peace, stability and security of Afghanistan;
(e) an entity is owned or controlled, directly or indirectly, by an entity referred to under paragraph (d);
(f) an entity is acting on behalf of, or at the direction of an entity under paragraph (d),
the Attorney General shall make a proposal to the 1267 Committee or the 1988 Committee that the name of an entity be listed on the 1267 List or the 1988 List, as the case may be.
(2) The Attorney General must ensure that a proposal under subsection (2) to the 1267 Committee or the 1988 Committee—
(a) is submitted in the standard forms for listing that is published by the 1267 Committee or the 1988 Committee;
(b) includes the following information, which may also be required by INTERPOL—
(i) in the case of an individual—
(A) family name or surname;
(B) given names, other relevant names or aliases;
(C) date and place of birth;
(D) nationality or citizenship;
(E) gender;
(F) employment or occupation;
(G) country of residence;
(H) passport, other travel document and any national identification number;
(I) current and any previous addresses;
(J) police record,
(ii) in the case of a body corporate—
(A) name, registered name, any short name or acronym or any other name by which it is known or was formerly known;
(B) registered address or address of it's head office, branch, subsidiary or any linked organization;
(C) the nature of business or activity;
(D) country of main activity;
(E) leadership or management;
(F) registration or incorporation number or other identification number;
(G) status of body corporate such as whether it is in liquidation, wound-up or otherwise terminated;
(H) any website address;
(c) is accompanied by a statement of case which includes—
(i) information demonstrating that an entity satisfies the criteria for listing under subsection (1) set out in paragraphs 3 and 5 of United Nations Security Council Resolution 2253 (2015),
(ii) details of any connection with a specified entity,
(iii) information about any other relevant acts of the entity,
(iv) the nature of the supporting evidence,
(v) any additional information or documents supporting the proposed listing, as well as information about relevant court cases and proceedings; and
(d) indicate whether the 1267 Committee, the 1988 Committee, the Secretariat or the United Nations Office of the Ombudsperson may disclose that Saint Lucia has made a proposal that the entity be listed on the 1267 List or the 1988 List.
(3) If an entity has been listed on the 1267 List or the 1988 List on the basis of a request by the Attorney General, and the Attorney General is satisfied that an entity listed under subsection (1) no longer satisfies the criteria for listing that is provided under subsection (1), the Attorney General shall submit a request to the 1267 Committee or the 1988 Committee, as the case may be, for the entity to be de-listed.
(4) The Attorney General shall ensure that a request under subsection (3) to the 1267 Committee or the 1988 Committee for de-listing—
(a) is submitted in the standard form for de-listing that is published by the 1267 Committee or the 1988 Committee;
(b) includes information showing that the entity no longer meets the criteria for listing that is provided under subsection (1).
(5) Notwithstanding subsection (3), where an entity has been placed on the 1267 List or the 1988 List, the Attorney General shall, as far as practicable, inform the entity of the availability of the United Nations Office of the Ombudsperson or the Focal Point for De-listing, as appropriate, for the purposes of petitioning the removal of the name of the entity from the 1267 List or the 1988 List.
(Inserted by Act 28 of 2019)