The following outlines the process for domestic designation pursuant to the Sanctions Act.
Pursuant to UNSCR 1373 and section 7 and 9 of the Sanctions Act, the domestic designation of an individual or organization is two-fold.
The first limb of the designation is known as the interim designation. This designation is done by the Prime Minister in accordance with the advice from the National Security Advisory Committee. The second limb is the final designation wherein the Prime Minster applies to the National Court for a final designation on the interim designation.
Sections 7 of the Sanctions Act provides for the interim designation which is done by the Prime Minister. The Prime Minister makes an interim designation after considering the advice of the NSAC. The interim designation MUST be made on the following grounds:
- the person or entity is or has been involved in a terrorist act or terrorist financing including attempting, participating in or facilitating a terrorist act or terrorist financing; or
- the person or entity is owned or controlled by a person who is or has been involved in a terrorist act or terrorist financing; or
- the person or entity is acting on behalf of or at the direction of a person or entity that has been involved in a terrorist act or terrorist financing.
The interim designation by the Prime Minister has immediate effect in PNG and has the immediate effect of imposing the prohibitions under the Act.
The Criminal Code Act provides both the definition and the elements of a terrorist act and terrorist financing; thus, the grounds for designation must align with these definitions and elements of the offences.
DURATION OF AN INTERIM DESIGNATION
An interim designation made by the Prime Minister shall continue in force until:
- The Prime Minister revokes it; or
- The National Court revokes it; or
- The designation expires.
If the interim designation expires, it shall do so one year from the date it was made unless it is revoked beforehand