ISSN 1452-6662
Više od 150 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: RULE OF LAW (individual rights and law enforcement)
Izdanje: LAW ON PREVENTION OF DISPOSAL OF ASSETS FOR THE PURPOSE OF PREVENTING TERRORISM AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION*
Published in the Službeni glasnik RS, Nos. 29/15 of 23 March 2015, 113/17 of 17 December 2017 and 41/18 of 31 May 2018
Sekcija: I INTRODUCTORY PROVISIONS

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  • Subject of Law
     Article 1

    This Law sets forth, for the purpose of prevention of terrorism and proliferation of weapons of mass destruction the actions and measures aimed at limiting the disposal of assets of designated persons, the competency of state authorities for the application thereof, as well as the rights and obligations of natural persons and legal entities in application of the provisions of this Law. 


     

  • Meaning of Terms
     Article 2

    The terms, for the purpose of this Law, shall have the following meaning:

    1) "Limitation of disposal of assets" shall be the temporary prohibition of transfer, conversion, disposal and relocation of assets or temporary management of such assets, based on the decision of the competent state authority.

    2) "Assets" shall imply the financial funds, assets of any sort, movable or immovable, tangible or intangible, regardless of the manner in which it was acquired, documents or instruments in any form, which prove the ownership or interest in relation to such funds or assets (e.g. banking loans, travel or banking cheques, money orders, shares, securities, bonds, promissory notes, letters of credit, interests, dividends and other income, paid on the basis of or arising from such funds or assets and other).

    2a) "Assets of a designated person" shall be the assets referred to in item 2) of this Article, which is in the ownership or possession of a designated person or which is either directly or indirectly managed by a designated person.

    3) "Designated person" shall be a natural person, legal entity, as well as a group or an association, registered or non-registered, who has been designated or placed on the list of terrorists, terrorist organizations or terrorism financiers, as well as on the list of persons which are brought into correlation with proliferation of weapons of mass destruction and special lists based on: relevant resolutions of the United Nations Security Council or acts of international organizations of which the state is a member, the proposals of the competent state authorities or based on a reasoned request of a foreign state. The special lists imply the lists based on the resolutions of the United Nations Security Council or the acts of the international organisation which the state is a member of, and which do not refer to the natural persons or legal entities, groups or associations, but rather to movable and immovable items which are brought into correlation with proliferation of weapons of mass destruction, such as ships, airplanes and other.

    3a) Designated person shall also be each and every natural person and legal entity, who, for the purpose of this law, is brought into correlation with proliferation of the weapons of mass destruction;

    3b) Natural persons and legal entities who are in relation with the designated persons and who act on behalf of or upon the order of the designated persons or who are otherwise controlled thereby, may also be members of the immediate family of designated persons (marital or common-law partners, parents, brothers and sisters, children, adopted children and step children and their marital or common-law partners), natural persons and legal entities having business relations with designated persons and over whom the designated persons have a dominant effect, either directly or indirectly, in terms of managing operations or reaching decisions, as well as other  natural persons and legal entities, which whom designated persons have vested interest;

    4) "Terrorism financing" means providing or collecting assets or an attempt to provide or collect thereof, with the intention of using it, or with the knowledge that they may be used, in full or in part:

    1) for the purpose of carrying out a terrorist act;

    2) by terrorists;

     3) by terrorist organizations.

    4a) Financing the proliferation of weapons of mass destruction refers to all actions of securing financial funds or actions of provision of financial services which are directed, either fully or partially, at the development, production, acquisition, possession, storing, delivery, provision of brokerage services, reloading, transport and transfer of weapons for mass destruction, as well as the means for transportation thereof;

    The financing of terrorism means inciting and aiding and abetting in the provision or collection of assets, regardless of whether a terrorist act was committed or whether assets were used for the commission of a terrorist act.

    5)  "Terrorist act" implies the act defined in the protocols in the annex to the International Convention for the Suppression of the Financing of Terrorism, as well as any other act intended to cause death or a serious bodily injury to a civilian or any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government of a state or an international organization to do or to abstain from doing any act.

    6) "Terrorist" implies a person who individually or together with other persons:

    - attempts or commits an act of terrorism in any way, directly or indirectly;

    - aids and abets in the commission of a terrorist act;

    - has knowledge of an intention of a group of terrorists to commit an act of terrorism, contribute to the commission, or assist in the continuation of the commission of a terrorist act to a group acting with a common purpose.

    7) "Terrorist organization" implies a group of terrorists which:

    -  attempts or commits an act of terrorism in any way, directly or indirectly;

    - incites and aids and abets in the commission of a terrorist act;

    - has knowledge of an intention of a group of terrorists to commit an act of terrorism, contribute to the commission, or assist in the continuation of the commission of a terrorist act to a group acting with a common purpose.

    8) "Justified belief that a person is a terrorist, or that he/she is financing terrorism, that he/she is involved in activities of a terrorist group or commission of a terrorist act" or is in relation to the proliferation of weapons of mass destruction is the degree of belief which a reasonable person, of average intellectual abilities may acquire based on evidence - facts, which are generally known and verifiable and based on credible information which competent state authorities have at their disposal.