Section 4: Financing of terrorism

4. Financing of terrorism (1) Any person who, by any means whatsoever, wilfully and unlawfully, directly or indirectly, provides or collects funds with the intention or knowledge that they will be used, or having reasonable grounds to believe that they will be used, in full or in part, to commit in Mauritius or abroad— (a) an offence in breach of an enactment specified in the Second Schedule; or (b) an act of terrorism, shall commit an offence. (2) For an act to constitute an offence under subsection (1), it shall not be necessary that the funds were actually used to carry out the offence in breach of the enactment specified in the Second Schedule or the act of terrorism, as the case may be. (3) Any person who commits an offence under subsection (1) shall, on conviction, be liable to penal servitude for a term of not less than 3 years. (4) The Court before which a person is convicted of an offence under this section may, in addition to any penalty imposed by the Court, order the forfeiture of funds which— (a) were, or were intended to be, used for, or in connection with, the offence; or (b) constitute the proceeds of the offence. (5) Before making an order under subsection (4), the Court shall give every person appearing to have an interest in the funds in respect of which the order is proposed to be made, an opportunity of being heard. (6) Funds forfeited to the State by an order under subsection (4) shall vest in the State— (a) if no appeal is made against the order, at the end of the period within which an appeal may be made against that order; and (b) if an appeal has been made against the order, on the final determination of the appeal. [Issue 1] C45– 2 Revised Laws of Mauritius