Domestic Designation Process

DOMESTIC DESIGNATION

Pursuant to UNSCR 1373 and section 7 and 9 of the United Nations Financial Sanctions Act 2015, 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:

  1. 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
  2. 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
  3. 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 for 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:

  1. it is revoked by the Prime Minister; or
  2. it is revoked by the National Court; or
  3. the designation expires

In the case of the interim designation expiring, it shall do so one year from the date on which it was made unless it is revoked beforehand.

FINAL DESIGNATION

Where an interim designation is made by the Prime Minister, the Prime Minister MUST as soon as is reasonably practicable, make an application to the National Court for final designation pursuant to Section 9 of the Act. The Court can make a final designation of a person or entity on the following grounds:

  1. 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
  2. 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
  3. 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.

Where the Court makes a final designation, it MUST revoke the interim designation. In addition to the final designation, the court may make any other order within its power.  Similar to the interim designation, the final designation has immediate effect in PNG which includes the imposing of prohibitions under the Sanctions Act.

DURATION OF FINAL DESIGNATION

A final designation by the Courts will remain in force until:

  • it is revoked by the National Court following an application for revocation by the Prime Minister; or
  • it is revoked by a Court following an appeal or an application for judicial review by the designated person or entity; or
  • it expires

 Where a final designation is not revoked by the Court, the designation will expire three years from the date on which the final designation was made, unless the designation is revoked beforehand.

RE-DESIGNATION

A re-designation occurs when either an interim or final designation is about to expire however, there is sufficient evidence that pertains to the grounds for an interim designation are still satisfied.  In the case of an interim re-designation, the Sanctions Secretariat notifies the NSAC and prepares the necessary documentation on the same.   Where the NSAC is satisfied that the grounds for interim designation are still satisfied, the NSAC will make recommendations to the Prime Minister to re-designate the person or entity. The Prime Minister acting on the advice of the NSAC decides whether to re-designate any time before the designation expires.

The re-designation process for a final designation is similar to that of an interim designation. Where a final designation is due to expire however, there is ample evidence that the grounds for final designation are still satisfied, the Sanctions Secretariat notifies the NSAC through the submission of relevant documentation.  Where the NSAC is satisfied that the grounds for final designation are still satisfied, the NSAC makes a recommendation to the Prime Minister to apply to the Court seeking a re-designation of the final designation before it expires.  The Prime Minister in considering the advice of the NSAC makes the decision to apply to the National Court for a re-designation.

Where the Prime Minister makes an application to the National Court for a re-designation of the final designation, the National Court in considering the application of the Prime Minister may re-designate the person and entity if it finds that the grounds for final designation are still satisfied.

 

Contact Us                       Related Sites 

PNG Sanctions Office 

Department of Prime Minister & NEC

P.O Box 639, WAIGANI, NCD

Level 3, Morauta Haus

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