ACT No. III of 2015 AN ACT to amend various laws relating to the prevention of money laundering and the funding of terrorism.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

20th February, 2015

ACT No. III of 2015

AN ACT to amend various laws relating to the prevention of

money laundering and the funding of terrorism.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Various Laws (Prevention Short title.

of Money Laundering and Funding of Terrorism) (Amendment) Act,

2015. PART I

Amendments to the Prevention of Money Laundering Act

This Part amends the Prevention of Money Laundering Act Amendment of

and it shall be read and construed as one with the Prevention of the

of Money

Money Laundering Act, hereinafter in this Part referred to as "the Laundering

principal Act".

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a)

immediately after the definition "criminal activity"

there shall be added the following new definitions

" "EEA State" means a State which is a

contracting party to the agreement on the

European Economic Area signed at Oporto

on the 2 May, 1992 as amended by the

Protocol signed at Brussels on the 17 March,

1993 and as may be amended by any

subsequent Acts;

"funding of terrorism" means the

conduct described in articles 328B and 328F

to 328I, both inclusive, of the Criminal

Code;

"Member State" means a Member State

of the European Union and includes an EEA

State;"; and

(b) for the definition "property" there shall be

substituted the following

" "property" means property and assets

of every kind, nature and description,

whether movable or immovable, whether

corporeal or incorporeal, tangible or

intangible, legal documents or instruments

evidencing title to, or interest in, such

property or assets and, without derogation

from the generality of the foregoing, shall

include -

(a) any currency, whether or not the same

is legal tender in Malta, bills, securities, bonds,

negotiable instruments or any instrument capable of

being negotiable including one payable to bearer or

endorsed payable to bearer whether expressed in

euro or any other foreign currency;

(b) cash or currency deposits or accounts

with any bank, credit or other institution as may be

prescribed which carries or has carried on business

in Malta;

(c) cash or items of value including but not

limited to works of art or jewellery or precious

metals; and

(d)

land or any interest therein;".

Article 3 of the principal Act shall be amended as follows

(a)

in paragraph (a) of sub-article (2A) thereof, for the

words "Every person charged with an offence against this Act"

there shall be substituted the words "Every person charged with

an offence of money laundering under this Act";

(b) in paragraph (c) of sub-article (2A) thereof, for the

words "shall be competent to try all offences against this Act"

there shall be substituted the words "shall be competent to try

offences of money laundering under this Act", and for the words

"in accordance with the provisions of sub-article (1)" there shall

be substituted the words "in accordance with the provisions of

this sub-article";

(c)

in paragraph (c) of sub-article (5) thereof, for the

words "a relevant offence" there shall be substituted the words

"an offence of money laundering under this Act"; and

(d) for sub-article (7) thereof there shall be substituted

the following

"(7)

The provisions of article

248E(4) and Title IV of Part III of Book

Second of the Criminal Code, and those of

article 22(3A)(b), (d) and (7) of the

Dangerous Drugs Ordinance shall apply

mutatis mutandis to the offence of money

laundering under this Act.".

Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a)

in sub-article (9) thereof, the words "not below the

rank of inspector" shall be deleted; and

(b) for sub-article (11) thereof there shall be substituted

the following

"(11) An attachment order shall,

unless it is revoked earlier by the Attorney

General by notice in writing served on the

suspect and on the garnishee in the manner

provided for in sub-article (9), cease to be

operative on the expiration of forty-five days

from the date on which it is made; and the

court may, upon application of the Attorney

General, and where it is satisfied that

sufficient grounds exist, extend the validity

of the attachment order for another forty-five

days. The court shall not make another

attachment order with respect to that suspect

unless it is satisfied that substantially new

information with regards to the offence

mentioned in article 3 is available

Provided that the period of validity as

established in this sub-article shall be held in

abeyance for such time as the suspect is

away from these Islands and the Attorney

General informs of this fact the garnishee by

notice in writing served in the manner

provided for in sub-article (9).".

Immediately after sub-article (6) of article 5 of the

principal Act, there shall be added the following new sub-articles

"(7) Where the court does not proceed forthwith to make

an order as required under sub-article (1), the court shall

forthwith make a temporary freezing order having the same

effect as an order made under this article, which temporary

order shall remain in force until such time as the court makes

the order required by the said article.

(8) Where for any reason whatsoever the court denies a

request made by the prosecution for an order under sub-article

(1), the Attorney General may, within three working days from

the date of the court’s decision, apply to the Criminal Court to

make the required order and the provisions of this article shall

apply mutatis mutandis to the order made by the Criminal Court

under this sub-article as if it were an order made by the court

under sub-article (1). The temporary freezing order made under

sub-article (7) shall remain in force until the Criminal Court

determines the application.

(9) The person charged may, within three working days

from the date of the making of the order under sub-article (7),

apply to the Criminal Court for the revocation of the order

provided that the order shall remain in force unless revoked by

the Criminal Court.".

Immediately after article 11 of the principal Act there shall

be added the following new article

" Registrar to

(1) Where the court makes any

conduct

order as is referred to in article 5, it shall

inquiries

order the Registrar to conduct inquiries to

trace and ascertain the whereabouts of any

moneys or other property, due or pertaining to

or under the control of the person charged or

accused or convicted, as the case may be.

(2) Whosoever is required by the

Registrar to provide information for the

purpose of sub-article (1) shall comply with

the demand within thirty days from the day of

receipt of the demand.

(3) The demand made by the Registrar

and any reply thereupon in terms of this

article, may be made by electronic mail.".

8. Article 12 of the principal Act shall be amended as Amendment of

article 12 of the

follows

principal Act.

(a)

sub-article (3) thereof shall be renumbered as sub-

article (4);

(b) immediately after sub-article (2) thereof, there shall

be added the following new sub-article

"(3)

The Minister, acting on the

advice of the Unit, may make regulations to

transpose, implement and give effect to the

provisions and requirements of directives,

regulations and any other legislative

instruments of the European Union requiring

transposition and, or implementation, as they

may be amended from time to time,

including any implementing measures that

have been or may be issued thereunder."; and

(c)

in sub-article (4) thereof, as renumbered, for the

words "forty-six thousand and five hundred and eighty-seven

euro and forty-seven cents (€46,587.47)" there shall be

substituted the words "one hundred and fifty thousand euro

(€150,000)".

9. Immediately after article 13 of the principal Act, there Addition of new

article 13A to

shall be added the following new article

the principal

Act.

" Publication of

(1) Any administrative penalty

penalties.

which may be imposed by the Unit in terms of

rules and regulations made under article 12

shall be subject to publication where the

amount of that administrative penalty is

equivalent to or exceeds one thousand five

hundred euro (€1,500), whether such penalty is

imposed in respect of one or more

contraventions.

(2) The publication referred to under

sub-article (1) shall be made by the Unit in

such medium and in such manner, including by

electronic means, as established by policies

and procedures established by the Board of

Governors referred to in article 18, from time

to time.".

10. Sub-article (1) of article 16 of the principal Act shall be

amended as follows

(a)

in paragraph (a) thereof, for the words "to receive

reports of transactions suspected to involve money laundering

or funding of terrorism" there shall be substituted the words "to

receive reports of transactions or activities suspected to involve

money laundering or funding of terrorism or property that may

have derived directly or indirectly from, or constitutes the

proceeds of, criminal activity";

(b) in paragraph (b) thereof, for the words "having

considered the suspicious transaction report" there shall be

substituted the words "having considered the report received

under paragraph (a)", and for the words "the Unit also has

reasonable grounds to suspect that the transaction is suspicious

and could involve money laundering or funding of terrorism"

there shall be substituted the words "the Unit also has

reasonable grounds to suspect that the transaction or activity is

suspicious and could involve money laundering or funding of

terrorism or property that may have derived directly or

indirectly from, or constitutes the proceeds of, criminal

activity";

(c)

in paragraph (e) thereof, for the word

"investigation", wherever it occurs, there shall be substituted the

word "analysis", and for the words "suspicious transaction

report;" there shall be substituted the words "report received by

the Unit under paragraph (a);";

(d) in paragraph (g) thereof, immediately after the word

"detection," there shall be added the word "analysis,";

(e)

in paragraph (k) thereof, for the words "or to

investigations regarding financial transactions related to money

laundering or funding of terrorism and the natural or legal

persons involved" there shall be substituted the words "or to

investigations regarding financial transactions or activities

related to money laundering or the underlying criminal activity,

or funding of terrorism and the natural or legal persons

involved"; and

(f)

in paragraph (l) thereof, for the words "which it

suspects involves money laundering or funding of terrorism"

there shall be substituted the words "which it suspects involves

money laundering or the underlying criminal activity, or

funding of terrorism".

11. In sub-article (4) of article 24 of the principal Act for the Amendment of

words "suspicious transaction reports" there shall be substituted the article

principal Act.

words "reports received by the Unit under article 16(1)(a)".

12. Sub-article (2) of article 26 of the principal Act shall be Amendment of

article 26 of the

amended as follows

principal Act.

(a)

for the words "If the Unit so considers necessary it

may" there shall be substituted the words "In carrying out its

responsibilities under sub-article (1) the Unit may";

(b) in paragraph (a) thereof, for the words "such

information or documents relating to that subject person’s

internal procedures for compliance" there shall be substituted

the words "such information or documents as may be required

in order to establish compliance";

(c)

in paragraph (b) thereof, for the words "the

performance of its functions under this Act." there shall be

substituted the words "the performance of its functions under

this Act;" and

(d) immediately after paragraph (b) thereof, there shall

be added the following new paragraph

"(c)

carry out on-site examinations

on subject persons with the aim of

establishing compliance with the provisions

of this Act and any regulations made

thereunder.".

13. For article 28 of the principal Act, there shall be Substitution of

article 28 of the

substituted the following

principal Act.

" Delay of

(1) Where the Unit is informed

execution of a

by a subject person that a transaction to be

suspicious

carried out is suspected or known to be related

transaction.

to money laundering or the funding of

terrorism, or to involve property that may

have derived directly or indirectly from, or

constitutes the proceeds of, criminal activity,

or where, on the basis of information in its

possession, including upon a request by a

foreign body, authority or agency which is

considered to have functions equivalent or

analogous to those of the Unit, the Unit

knows or suspects that a transaction to be

carried out by a subject person is related to

money laundering or the funding of terrorism,

or involves property that is derived from or

constitutes the proceeds of criminal activity,

the Unit may, where it considers such action

necessary, oppose the execution of the

transaction and a notification of such

opposition shall be made to the subject person

concerned by any written means

Provided that where the Unit opposes the

execution of the transaction following receipt

of information from the subject person, the

notification of such opposition shall be made

to the subject person by not later than one

working day following the day on which the

information was received by the Unit and the

subject person shall, within such period, not

carry out the transaction in question.

(2) The opposition by the Unit shall

suspend the execution of the transaction for a

period of one working day following the day

of the notification by the Unit referred to in

sub-article (1), unless the Unit shall, by any

written means, authorise earlier the execution

of the transaction.

(3) The Unit may, at its discretion,

extend the period referred to in sub-article (2)

by a further working day where this is

considered to be necessary by the Unit and

such extension shall be notified to the subject

person before the lapse of the period referred

to in sub-article (2).

(4) The obligation not to execute a

transaction suspended by the Unit for the

period of time referred to in sub-article (2) or

the extended period referred to in sub-article

(3) shall prevail over any legal or contractual

obligation to which a subject person may be

subject.

(5) Where the Unit does not oppose

the execution of the transaction as provided in

sub-article (1), the subject person concerned

may proceed with the execution of the

transaction upon the lapse of the period

referred to therein and where a notification of

opposition has been made to the subject

person in accordance with sub-article (1), the

subject person concerned may proceed with

the execution of the transaction upon the lapse

of the period referred to in sub-article (2) or

the extended period referred to in sub-article

(3), as the case may be, unless in the

meantime an attachment order has been

served on the subject person.

(6) Where the Unit receives a request

from a foreign body, authority or agency

referred to in sub-article (1), it shall

acknowledge receipt of that request and shall

subsequently notify such foreign body,

authority or agency of the decision whether

the execution of the transaction subject to the

request has been opposed or otherwise.".

14. In article 29 of the principal Act for the words "may be Amendment of

linked to money laundering or funding of terrorism" there shall be article

principal Act.

substituted the words "may be linked to money laundering, or funding

of terrorism or may involve property that may have derived directly

or indirectly from, or constitutes the proceeds of, criminal activity";

and for the words "benefiting from the suspected money laundering

or funding of terrorism" there shall be substituted the words

"involved in the suspected money laundering or the underlying

criminal activity, or funding of terrorism,".

15. Article 30 of the principal Act shall be amended as

follows

(a) in sub-article (1) thereof, for the words "any

transaction suspected to involve money laundering or funding

of terrorism the Unit may demand" there shall be substituted the

words "any transaction suspected to involve money laundering,

funding of terrorism or property that may have derived directly

or indirectly from, or constitutes the proceeds of, criminal

activity, the Unit may demand", and for the words "any

transaction suspected to involve money laundering or funding

of terrorism as well as from any other subject person," there

shall be substituted the words "any transaction suspected to

involve money laundering, funding of terrorism or property that

may have derived directly or indirectly from, or constitutes the

proceeds of, criminal activity, as well as from any other subject

person,"; and

(b) immediately after sub-article (2) thereof, there shall

be added the following new sub-article

"(3)

Any information which the

Unit demands in pursuance of sub-article (1)

shall be provided in a timely manner and

within such time period as the Unit may

direct, or as may be established by

regulations made under this Act.".

16. In sub-article (2) of article 30A of the principal Act, for the

words "The provisions of article 30(2)" there shall be substituted the

words "The provisions of sub-articles (2) and (3) of article 30".

17. In sub-article (2) of article 30B of the principal Act and in

the proviso thereto, for the word "investigation", wherever it occurs,

there shall be substituted the word "analysis".

18. Immediately after article 30B of the principal Act, there

shall be added the following new article

" Power of Unit

The Unit may, in order to combat

to issue

money laundering and the funding of terrorism,

directives.

to ensure compliance by subject persons with

their obligations under this Act and any

regulation made thereunder, and to prevent the

financial and other systems from being used

for criminal purposes, issue directives in

writing requiring any subject person to do or to

refrain from doing any act, and such directives

shall be complied with within the time and in

the manner stipulated therein.".

19. For article 31 of the principal Act there shall be substituted Substitution of

article 31 of the

the following

principal Act.

" Transmission

(1) Where,

following

an

of information

analysis of a report received by the Unit under

to police for

article 16(1)(a) and of any other information

investigation.

relevant to that report, the Unit is of the

opinion that a reasonable suspicion of money

laundering or funding of terrorism or a

reasonable suspicion that property may have

derived directly or indirectly from, or

constitutes the proceeds of criminal activity

subsists, an analytical report drawn up as is

referred to under article 16(1)(a) shall be

transmitted to the Police for further

investigation.

(2) The provisions of sub-article (1)

shall also apply mutatis mutandis to any

knowledge or suspicion of money laundering

or the underlying criminal activity, or funding

of terrorism, which the Unit may have

gathered or formed from information in its

possession without having received any report

as is referred to under sub-article (1).

(3) Where

the

Unit

transmits

information to the Police in pursuance of the

provisions of sub-articles (1) and (2) and a

subject person over which another authority

or agency has supervisory or regulatory

functions is involved, the Unit shall inform

the said authority or agency of actions taken.

(4) Where

the

Unit

transmits

information to the Police in pursuance of sub-

articles (1) and (2) it shall thereafter transmit

to the Police any further relevant information

in respect of the knowledge or suspicion

communicated to the Police as aforesaid.".

20. In article 32 of the principal Act, immediately after the

words "at the request of the subject person" there shall be added the

words "or on its own motion".

21. In article 33 of the principal Act, for the words "that an

investigation is being carried out by the Unit" there shall be

substituted the words "that an analysis is being carried out by the

Unit".

22. For paragraph (a) of article 35 of the principal Act, there

shall be substituted the following

"(a) fees payable to the Unit in respect of its supervisory

functions and other services rendered by it;".

PART II

Amendments to the Criminal Code

23. This Part amends the Criminal Code and it shall be read

and construed as one with the Criminal Code, hereinafter in this Part

referred to as "the Code".

24. Article 328A of the Code shall be amended as follows

(a) for the marginal note thereof there shall be

substituted the following

"Acts of

terrorism

and

terrorist

activities."; and

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4)

For the purposes of this sub-

title, "terrorist activities" means any of the

following acts, whenever or wherever carried

out

(a) an act of terrorism as defined in sub-

article (1);

(b) the unlawful seizure or the exercise of

control of an aircraft in flight, by the use of force or

threat thereof, or by any other form of intimidation;

(c) the

unlawful

and

intentional

commission of any of the following acts

(i) an act of violence against a

person on board an aircraft in flight, which is

likely to endanger the safety of that aircraft;

(ii) the destruction of an aircraft in

service or the causing of damage to such an

aircraft, which renders it incapable of flight

or which is likely to endanger its safety in

flight;

(iii) the placing or the causing to be

placed on an aircraft in service, by any

means whatsoever, of a device or substance

which is likely to destroy that aircraft, or to

cause damage to it which renders it incapable

of flight or which is likely to endanger its

safety in flight;

(iv) the destruction or the damaging

of air navigation facilities, or the interference

with their operation, where such an act is

likely to endanger the safety of an aircraft in

flight;

(v) the

communication

of

information which is known to be false,

thereby endangering the safety of an aircraft

in flight;

(d) the intentional commission of any of the

following acts

(i) the taking away of the life or

liberty of, or the causing of bodily harm to,

an internationally protected person;

(ii) the carrying out of a violent

attack upon the official premises, the private

accommodation or the means of transport of

an internationally protected person likely to

endanger his person or liberty;

(iii) a threat to commit any of the acts

mentioned in sub-paragraphs (i) and (ii);

(e) the seizure or detention and the threat to

take away the life, to cause bodily harm or to

continue to detain another person (the "hostage") in

order to compel a State, an international

intergovernmental organisation, a natural or

juridical person or a group of persons, to do or to

abstain from doing any act as an explicit or implicit

condition for the release of the hostage;

(f) the

unlawful

and

intentional

commission of any of the following acts, using any

device, substance or weapon

(i) the performance of an act of

violence against any person at an airport

serving international civil aviation, which

causes or is likely to cause serious injury or

death, where any such act endangers or is

likely to endanger safety at that airport; or

(ii) the destruction or the serious

damaging of the facilities of an airport

serving international civil aviation or an

aircraft not in service located thereon, or the

disruption of the services of such an airport,

where any such act endangers or is likely to

endanger safety at that airport;

(g) an attempt to perform any of the acts

referred to in paragraphs (b) to (f) or the

participation as an accomplice in the performance

or attempt thereof;

(h) the intentional commission of any of the

following acts

(i) the receipt, possession, use,

transfer, alteration, disposal or dispersal of

nuclear material, without lawful authority,

which causes or is likely to cause death or

serious injury to any person or substantial

damage to property;

(ii) the theft or fraudulent obtaining

of nuclear material;

(iii) the demand for nuclear material

by threat or use of force, or by any other

form of intimidation;

(iv) the threat to use nuclear material

to cause death or serious injury to any person

or substantial damage to property, or the

threat to commit theft of nuclear material in

order to compel a natural or legal person,

international organisation or State to do or to

refrain from doing any act;

(v) an attempt to commit any of the

acts mentioned in sub-paragraphs (i) and (ii)

or the participation as an accomplice in any

of the acts mentioned in sub-paragraphs (i) to

(iv) or any attempt thereof;

(i) the

unlawful

and

intentional

commission of any of the following acts

(i) the unlawful seizure or the

exercise of control over a ship or fixed

platform by the use of force or threat thereof,

or by any other form of intimidation;

(ii)

the performance of an act of

violence against a person on board a ship or a

fixed platform, which is likely to endanger

the safe navigation of that ship or the safety

of that fixed platform;

(iii)

the destruction of a ship or a

fixed platform or the causing of damage to a

ship or its cargo, or a fixed platform which is

likely to endanger the safe navigation of that

ship, or the safety of that fixed platform;

(iv) the placing or the causing to be

placed on a ship, by any means whatsoever, a

device or substance which is likely to destroy

that ship or to cause damage to such ship or

to its cargo, which endangers or is likely to

endanger the safe navigation of that ship;

(v) the placing or the causing to be

placed on a fixed platform, by any means

whatsoever, a device or substance which is

likely to destroy that fixed platform or likely

to endanger its safety;

(vi) the destruction or the causing of

serious damage to maritime navigational

facilities or the serious interference with

their operation, where such act is likely to

endanger the safe navigation of a ship;

(vii) the

communication

of

information which is known to be false,

thereby endangering the safe navigation of a

ship;

(viii) the causing of bodily harm or

the taking away of the life of a person in

connection with the commission or

attempted commission of any of the acts

mentioned in sub-paragraphs (i) to (vii);

(j) an attempt to commit any of the acts

referred to in paragraph (i), the participation as an

accomplice in the commission thereof or the

abetting in the commission of such acts perpetrated

by another person;

(k) the use of threats aimed at compelling a

person to do or to refrain from doing any act

referred to in subparagraphs (ii), (iii) and (vi) of

paragraph (i), where such a threat is likely to

endanger the safe navigation of the ship or the

safety of the fixed platform;

(l) the unlawful and intentional delivery,

placing, discharge or detonation of an explosive or

other lethal device in, into or against a place of

public use, a State or government facility, a public

transportation system or an infrastructure facility

with the intent to cause death or serious bodily

harm, or with the intent to cause extensive

destruction of such a place, facility or system,

where the destruction results in or is likely to result

in major economic loss;

(m) an attempt to commit any of the acts

mentioned in paragraph (l) or the participation as an

accomplice in the performance or attempt thereof;

(n) the organisation or direction of others to

commit or to attempt to commit the acts mentioned

in paragraph (l);

(o) the contribution in any way to the

commission of any of the acts mentioned in

paragraph (l) or to the attempt thereof by a group of

persons acting with a common purpose, where such

contribution is intentional and is either made with

the intent to further the general criminal activity or

purpose of the group or in the knowledge of the

intention of the group to commit any of the acts

mentioned in paragraph (l);

(p) any act intended to cause death or

serious bodily harm to a civilian, or to 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 or an

international organisation to do or to abstain from

doing any act.".

25. Article 328B of the Code shall be amended as follows

Amendment of

article 328B of

the Code.

(a)

in sub-article (1) thereof, for the words "to commit

terrorist offences." there shall be substituted the words "to

commit terrorist activities."; and

(b) for sub-article (3) thereof there shall be substituted

the following

"(3)

Whosoever

promotes,

constitutes, organises, directs, supplies

information or materials to, or by any means,

directly or indirectly, collects, receives,

provides or invites another person to provide

money or other property for, or otherwise

finances a terrorist group knowing that such

participation, involvement or financing will

contribute towards the activities, whether

criminal or otherwise, of the terrorist group

shall be liable -

(a) where the said participation or

involvement consists in directing the terrorist

group, to the punishment of imprisonment not

exceeding thirty years

Provided that where the activity of the

terrorist group consists only of the acts mentioned

in article 328A(2)(j) the punishment shall be that of

imprisonment for a period not exceeding eight

years;

(b) in any other case, to the punishment of

imprisonment not exceeding eight years.".

26. In sub-article (3) of article 328C of the Code, for the words

"an offence mentioned in article sub-article (2)", there shall be

substituted the words "an offence mentioned in sub-article (2)".

27. Sub-article (1) of article 328E of the Code shall be

amended as follows

(a)

in paragraph (a) thereof, for the words "to be used

for the purposes of terrorism" there shall be substituted the

words "to be used for the purposes of terrorist activities.";

(b) in paragraph (b) thereof, for the words "acts of

terrorism" there shall be substituted the words "terrorist

activities"; and

(c)

in paragraph (c) thereof, for the words "carried out

for the purposes of terrorism" there shall be substituted the

words "carried out for the purposes of terrorist activities".

28. For sub-article (1) of article 328F of the Code there shall

be substituted the following

"(1) Whosoever by any means, directly or indirectly,

collects, receives, provides or invites another person to provide,

money or other property or otherwise provides finance

intending it to be used, or which he has reasonable cause to

suspect that it may be used, in full or in part, for the purposes of

terrorist activities or knowing that it will contribute towards the

activities, whether criminal or otherwise, of any person

involved in terrorist activities shall, on conviction, and unless

the fact constitutes a more serious offence under any other

provision of this Code or of any other law, be liable to the

punishment of imprisonment for a term not exceeding four years

or to a fine (multa) not exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents (€11,646.87)

or to both such fine and imprisonment.".

29. Article 328G of the Code shall be amended as follows

(a) in sub-article (1) thereof, for the words "Whosoever

uses money or other property for the purposes of terrorism

shall" there shall be substituted the words "Whosoever uses

money or other property for the purposes of terrorist activities

shall"; and

(b) in sub-article (2) thereof, for the words "having

reasonable cause to suspect that it may be used, for the purposes

of terrorism shall" there shall be substituted the words "having

reasonable cause to suspect that it may be used, for the purposes

of terrorist activities shall".

30. In paragraph (b) of article 328H of the Code, for the words Amendment of

"may be used for the purposes of terrorism" there shall be substituted article

the Code.

the words "may be used for the purposes of terrorist activities".

31. Article 328L of the Code shall be amended as follows

Amendment of

article 328L of

the Code.

(a) in paragraph (b) of sub-article (2) thereof, for the

words "for the purposes of terrorism" there shall be substituted

the words "for the purposes of terrorist activities"; and

(b) in paragraph (b) of sub-article (3) thereof, for the

words "for the purposes of terrorism" there shall be substituted

the words "for the purposes of terrorist activities".

PART III

Amendments to the Professional Secrecy Act

In paragraph (a) of article 6B of the Professional Secrecy Amendment of

Act the words "a breach of duty;" shall be substituted with the words "a the

Secrecy Act.

breach of duty, or by the Security Service established by the Security Cap. 377

Service Act;".

Passed by the House of Representatives at Sitting No. 238 of the

11th February, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.98