Section 99: Interpretation.

In this Act—
“act of terrorism” means any act specified in section 2 of this Act;
“act of international terrorism” means an act of terrorism involving—
(a) a person, who is not a citizen of Nigeria;
(b) a person, who possesses dual citizenship; or
(c) groups or individuals whose acts of terrorism are foreign based or directed by countries or groups outside Nigeria or whose activities transcend national boundaries;
“aircraft in flight” means an aircraft at any time from the moment when all its external doors are closed following embarkation until the moment when doors are opened for disembarkation and, in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board the aircraft;
“aircraft in service” means an aircraft from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight;
“Attorney-General” means the Attorney-General of the Federation and Minister of Justice of Nigeria;
“authorised persons” means duly authorised officers of a relevant agency;
“bank” has the meaning ascribed to it in the Banks and Other Financial Institutions Act, No.5, 2020 and the reference to an order issued includes a reference to any order, direction or requirement addressed to the manager of a bank or any other officer of a bank, which directs or purports to direct the manager or the officer to stop all outward payment, operations or transactions in respect of any account with that bank;
“BCRN weapons” means biological weapons, which are—
(a) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;
(b) weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict and includes, nuclear weapons and other nuclear devices and chemical weapons’, which are, together or separately;
(c) toxic chemicals and their precursors, except, where intended for—
(i) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes,
(ii) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons,
(iii) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare, or
(iv) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes;
(d) ammunitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in paragraph (c) of this definition which would be released as a result of the employment of such munitions and devices; or
(e) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in paragraph (d) of this definition;
“communication” means a communication received or transmitted by post or a telegraphic or telephonic means, or other communication received or transmitted by electricity, magnetism or other means;
“Counter-Terrorism Convention” means any of the following Conventions or Protocols—
(a) Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963;
(b) Convention for the Suppression of Unlawful Seizure of Aircraft done at The Hague on 16 December 1970;
(c) Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971;
(d) Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;
(e) International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;
(f) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;
(g) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation, done at Montreal on 24 February 1988;
(g) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;
(h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988;
(i) Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal, on 1 March 1991;
(j) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997;
(k) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999;
(l) International Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the General Assembly of the United Nations on 13 April 2005;
(m) 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted at London on 14 October 2005;
(n) 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, adopted at London on 14 October 2005;
(o) 2005 Amendment to the Convention on the Physical Protection of Nuclear Material, done at Vienna on 8 July (2005); and
(p) United Nations Security Council Resolution 2178 of 2014 or any successor resolution;
“Constitution” means the Constitution of the Federal Republic of Nigeria, 1999 and its alterations;
“Consolidated List” means the list of individuals, groups, undertakings and entities associated with the Taliban, Usama Bin Laden, the Al-Qaida organisation or similar organisations that are subject to the sanction measures imposed by the Security Council;
“conveyance” means an aircraft, vessel, boat, train, ship, vehicle, tricycle or any other mode of transportation;
“Court” means the Federal High Court of Nigeria, and includes a Judge of the Federal High Court in Chambers;
“designated non-financial businesses and professions” means—
(a) casinos including internet casinos;
(b) real estate agents;
(c) dealers in precious metals;
(d) dealers in precious stones;
(e) legal practitioners, notaries or other independent professionals, including accountants;
(f) trust and company service providers which as a business, provide any of the following services to third parties—
(i) acting as a formation agent of legal persons,
(ii) acting as, or arranging for another person to act as a director or secretary of a company, a partner of a partnership, or a similar position in relation to other legal persons,
(iii) providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement,
(iv) acting as, or arranging for another person to act as, a trustee of an express trust or performing the equivalent function for another form of legal arrangement, or
(v) acting as, or arranging for another person to act as, a nominee shareholder for another person;
(a) dealers in jewelry, cars and luxury goods;
(b) audit firms;
(c) tax consultants;
(d) clearing and settlement companies;
(e) hotels;
(f) supermarkets; and
(g) such other businesses as the appropriate authority may designate;
“designated person or entity” means —
(a) individuals, groups, undertakings and entities designated by the Committee of the Security Council established under Resolution 1267 (1999) (“the 1267 Committee”), as being individuals associated with Al Qaida or entities and other groups and undertakings associated with Al- Qaida;
(b) individuals, groups, undertakings and entities designated by the Committee of the Security Council established under Resolution 1988 (2011) (“the 1988 Committee”) as being associated with the Taliban in counselling a threat to the peace, stability and security of Afghanistan, or entities and other groups and undertakings associated with the Taliban;
(c) any natural or legal person or entity designated by the Attorney-General of the Federation under section 49 of this Act;
(d) any natural or legal person or entity designated for the application of targeted financial sanctions under Security Council Resolution 1718 (2006) and its successor resolutions by the Security Council in annexes to the relevant resolutions, or by the Security Council Committee established under resolution 1718 (2006) (“the 1718 Sanctions Committee”) under Security Council Resolution 1718 (2006), and
(e) any natural or legal person or entity designated for the application of targeted financial sanctions under Security Council Resolution (1737) (2006) and its successor resolutions by the Security Council in annexes to the relevant resolutions, or by the Security Council Committee established under paragraph 18 of Resolution 1737 (2006) (“the 1737 Sanctions Committee”) under Resolution 1737 (2006) and its successor resolutions;
“designation” refers to the identification of a person or entity that is subject to targeted financial sanctions under the United Nations Security Council Resolution 1267 (1999) and its successor resolutions; Security Council Resolution 1373 (2001), including the determination that the relevant sanctions will be applied to the person or entity and the public communication of that determination;
“device” means—
(a) any nuclear explosive device; or
(b) any radioactive material dispersal or radiation-emitting device which may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or to the environment;
“entity” means a person, group, trust, partnership, fund or any other association or organisation, whether incorporated or unincorporated, an unincorporated association or organisation or partnership, for the purpose of providing a product or service either for profit or non-profit;
“explosive or other lethal device” means—
(a) an explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or
(b) weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;
“financial institution” means a person or an entity that conducts as a business one or more of the activities listed below for or on behalf of a customer—
(a) acceptance of deposits and other repayable funds from the public including private banking;
(b) lending, including consumer credit, mortgage credit, factoring (with or without recourse), and financing of commercial transactions, including forfeiting;
(c) financial leasing other than with respect to arrangements relating to consumer products;
(d) the transfer of money or value;
(e) issuing and managing means of payment, including credit and debit cards, travellers’ cheques, money orders and bankers’ drafts, and electronic money;
(f) issuing financial guarantees and commitments;
(g) trading in—
(i) money market instruments, including cheques, bills, certificates of deposit and derivatives,
(ii) foreign exchange,
(iii) exchange, interest rate and index instruments,
(iv) transferable securities, and
(v) commodity futures trading;
(h) participation in securities issues and the provision of financial services related to those issues;
(i) individual and collective portfolio management;
(j) safekeeping and administration of cash or liquid securities on behalf of other persons;
(k) investing, administering or managing funds or money on behalf of other persons;
(l) underwriting and placement of life insurance and other investment related insurance, including insurance intermediation by agents and brokers;
(m) financial consultancy;
(n) pension funds management;
(o) money and currency changing; and
(p) such other business as the Central Bank, or other appropriate regulatory authorities, may designate;
“fixed platform” means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes;
“forfeiture” means an order in rem, following conviction for an offence to forfeit to the State property, assets or funds that are the proceeds of crime or instrumentalities of an offence;
“freeze” for the purposes of the implementation of targeted financial sanctions, means to prohibit the transfer, conversion, disposition or movement of any funds or other assets that are owned or controlled by designated persons or entities on the basis of, and for the duration of the validity of, an action initiated by the United Nations Security Council or in accordance with applicable Security Council resolutions by a competent authority or a court;
“funds or property” means any assets, of every kind, whether corporeal or incorporeal, tangible or intangible, physical or virtual, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in the assets; including financial assets, economic resources, property of every kind, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets;
“Government” means the Government of the Federal Republic of Nigeria and includes any State or Local Government, or any appropriate government authority;
“incitement” means to urge on, stir-up, instigate a person or group of persons to commit an act of terrorism or to distribute, publish or otherwise make available, a communication to a person or group of persons, with the intent to induce the commission of an act of terrorism, where the conduct, whether or not directly advocating acts of terrorism, causes a risk that one or more of those acts may be committed;
“infrastructure facility” means any publicly or privately owned facility providing or distributing services, including water, sewage, energy, fuel or communications, for the benefit of the public;
“internationally protected person” means—
(a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the Constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever the person is in a foreign State, and includes members of his family who accompany him; or
(b) a representative or official of a State or an official or other agent of an international organisation of an inter-governmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled under international law to special protection from any attack on his person, freedom or dignity, and includes members of his family forming part of his household;
“International Treaties” means—
(a) 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft;
(b) 1970 Convention for the Suppression of Unlawful Seizure of Aircraft (“Aircraft Convention”);
(c) 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (“Civil Aviation Convention”);
(d) 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons (“Diplomatic Agents Convention”);
(e) 1979 International Convention against the Taking of Hostages (“Hostage Convention”);
(f) 1980 Convention on the Physical Protection of Nuclear Material (“Physical Protection Convention”);
(g) 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (“Airport Protocol”);
(h) 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (“Maritime Convention”);
(i) 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Plat forms Located on the Continental Shelf (“Fixed Platforms Protocol”);
(j) 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection;
(k) 1997 International Convention for the Suppression of Terrorist Bombings (“Bombings Convention”);
(l) 1999 International Convention for the Suppression of the Financing of Terrorism (“Financing Convention”);
(m) 2005 International Convention for the Suppression of Acts of Nuclear Terrorism (“Nuclear Terrorism Convention”);
(n) 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (“2005 Maritime Protocol”);
(o) 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (“2005 Fixed Platforms protocol”);
(p) 2005 Amendment to the Convention on the Physical Protection of Nuclear Material (“Physical Protection Amendment”); and
(q) United Nations Security Council Resolution 2178 of 2014;
“master” in relation to a vessel, means the owner or person, except a harbour master or pilot, having for the time being command or charge of the vessel;
“National Security Adviser” means the National Security Adviser to the President;
“Nigeria Sanctions Committee” means the committee constituted in section 9 of this Act;
“Nigeria Sanctions List” means a list of designations made under sections 49 and 50 of this Act;
“Non-Profit Organisations (NPO)” means a legal person or arrangement organisation that primarily engages in raising or disbursing funds for purposes such as charitable, religious, cultural, educational, social, or fraternal purposes or for the carrying out of other types of good work;
“nuclear facility” means—
(a) a nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purposes; or
(b) a plant or conveyance being used for the production, storage, processing or transport of radioactive material;
“nuclear material” means plutonium except that with isotopic concentration exceeding 80% in plutonium-238, uranium-233, uranium enriched in the isotope 235 or 233, uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;
“operator” in relation to an aircraft, means the owner or person for the time being in charge, in command or control of the aircraft;
“other entities” include non-profit organisations, virtual assets service providers, and money or value transfer services;
“place of public use” means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public;
“precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical, and this includes any key component of a binary or multi-component chemical system;
“President” means the President of the Federal Republic of Nigeria;
“proceeds” means any funds derived from or obtained, directly or indirectly, through the commission of an offence under this Act;
“proceeds of terrorism” means any funds or property derived from or obtained, directly or indirectly, through the commission of a terrorist offence irrespective of the person in whose names the proceeds are standing or in whose possession they are found;
“proliferation of weapons of mass destruction” means the definition ascribed to it in section 58(1) of this Act;
“proliferation financing” means the act of raising, moving or making available funds, other assets or other economic resources or financing in whole or in part to persons or entities for purposes of Weapons of Mass Destruction (WMD) including the proliferation of their delivery or related materials (including both technologies and dual use goods) for non-legitimate purposes;
“proscribed entity” means an entity which has been designated to be a proscribed entity under section 48 of this Act or any other law, and includes a group or entity which has been designated to be an international terrorist group under this Act;
“public transportation system” means all facilities, conveyances and instrumentalities, whether public or privately owned, that are used in or for publicly available services for the transportation of persons or cargo;
“radioactive material” means nuclear material and other radioactive substances which contain nuclides which undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles, and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
“relevant agency” means law enforcement, intelligence or security agency and includes the—
(a) National Security Adviser;
(b) National Counter-Terrorism Centre;
(c) National Agency for the Prohibition of Traffic in Persons;
(d) State Security Services;
(e) Defence Intelligence Agency;
(f) Nigeria Police Force;
(g) National Intelligence Agency;
(h) Nigeria Customs Service;
(i) Nigeria Immigration Service;
(j) Nigeria Prisons Service;
(k) Nigerian Security and Civil Defence Corps;
(l) Economic and Financial Crimes Commission;
(m) Independent Corrupt Practices and other Related Offences Commission;
(n) agencies dealing with the recovery of proceeds of crimes; and
(o) any military authority or body as may be required for the purpose of this Act;
“relevant laws or enactments” means —
(a) Banks and Other Financial Institutions Act (as amended);
(b) Economic and Financial Crimes Commission (Establishment, Etc.) Act;
(c) Insurance Act;
(d) Investments and Securities Act;
(e) National Insurance Commission Act;
(f) Money Laundering (Prohibition and Prevention) Act;
(g) Companies and Allied Matters Act;
(h) Central Bank of Nigeria Act;
(i) National Security Agencies Act;
(j) Nigeria Financial Intelligence Unit Act;
(k) all International Conventions and Protocols ratified by Nigeria; and
(l) any other relevant enactment of the National Assembly;
“sector regulators” means the Government regulatory authorities or bodies designated to oversee, monitor and control the activities of a relevant sector or sectors;
“seizure or seizure order” means the order enabling a relevant agency to seize terrorist property or funds upon arrest or application for seizure order of a terrorist property or funds pending the determination of a case against the terrorist or terrorist groups;
“ship” means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft;
“specially designated entity” means a specified or designated entity in respect of which an order under this Act has been made, or is considered, and is for the time being in force and includes national and international terrorist groups;
“State or government facility” means any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organisation in connection with their official duties;
“terrorist” means any natural person who—
(a) directly or indirectly, unlawfully and wilfully :
(i) commits, or attempts to commit, an act of terrorism by any means,
(ii) participates as an accomplice in an act of terrorism, or
(iii) organises or directs others to commit an act of terrorism; or
(b) contributes to the commission of an act of terrorism where the contribution is made intentionally and with the aim of furthering the act of terrorism or with the knowledge of the intention to commit an act of terrorism;
“terrorist or terrorism financier” means a person or entity, who makes funds, assets, or other material support available to terrorists and terrorist organisations, for the financing of terrorist activities or terrorism;
“terrorist property” means—
(a) proceeds from the commission of an act of terrorism;
(b) property which has been, is being, or is likely to be used to commit an act of terrorism;
(c) property which has been, is being, or is likely to be used by a terrorist group;
(d) property owned or controlled by or on behalf of a terrorist group; or
(e) property which has been collected for the purpose of providing support to a terrorist group or funding a terrorist act;
“terrorist investigation” means an investigation of —
(a) the commission, perpetration or instigation of an act of terrorism or any other offence under this Act;
(b) any act or omission reasonably suspected to have been done in furtherance of an act of terrorism or any other offence under this Act; or
(c) the resources of a proscribed organisation;
“terrorist group or entity” means any group of terrorists that—
(a) directly or indirectly, wilfully—
(i) commits, or attempts to commit, an act of terrorism by any means,
(ii) participates as an accomplice in an act of terrorism, or
(iii) organises or directs others to commit an act of terrorism; or
(b) contributes to the commission of an act of terrorism acting with a common purpose where the contribution is made intentionally and with the aim of furthering the act of terrorism or with the knowledge of the intention of the group to commit an act of terrorism;
“toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals and includes all chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere;
“transport” means to initiate, arrange or exercise effective control, including decision-making authority, over the movement of a person or item;
“trustee” has the same meaning as in the Trustees Investment Act, Investment and Securities Act and the Companies and Allied Matters Act;
“United Nations Security Council Resolutions (UNSCR)” means the relevant Resolutions of the United Nations Security Council which specify requirements for the imposition of Targeted Financial Sanctions in relation to Terrorism, Terrorism Financing and Proliferation of Weapons of Mass Destruction and the Financing of Proliferation, as contained in the Second Schedule to this Act;
“UN Consolidated List” means the United Nations Security Council Consolidated List which includes all the individuals and entities subject to measures imposed by the Security Council in accordance with the UNSCR related to Terrorism, Terrorism Financing and Proliferation of Weapons of Mass Destruction and the Financing of Proliferation;
“uranium enriched in the isotope 235 or 233” means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;
“vessel” means anything made or adapted for the conveyance by water of people or property;
“victim” means individuals, entities or communities or their next-of-kin who are directly affected, killed or injured or whose business, premises or infrastructure was destroyed by acts of terrorism or by a direct effect of a terrorist attack; and
“weapon” includes a firearm, explosive, chemical, biological or nuclear weapon.