PROPERTY ASSOCIATED WITH TERRORISM REPORT (TPR)

In the event where an employee becomes aware of property of a client which can be associated with terrorism and any related activities, such employee whether employed by a reporting institution or an accountable institution, must report to the reporting officer. The reporting officer must report to the FIC WITHIN 5 DAYS.  Section 28A(1)(a).

Section 25 of the POCDATARA Act states that the President must give notice, by Proclamation in the Gazette, in respect of any entity that has been designated by the United Nations Security Council (the UNSC) in order to combat or prevent terrorist and related activities.

The individuals and entities whose names appear on these listings are those whom the UNSC has identified as being associated with the Taliban, Al Qaida and the so-called Islamic State of Iraq and the Levant. These UNSC Resolutions are the only sanctions lists related to terrorist activities which are legally recognized within the Republic of South Africa and can be accessed on the United Nations website.  Section 4 of the POCDATARA Act expressly prohibits any person from dealing with property that is associated with acts of terrorism, with persons or organizations that carry out acts of terrorism or with entities that are sanctioned pursuant to the POCDATARA Act.

Consequently, any dealings with property that is identified in a report under section 28A of the FIC Act will constitute a contravention of section 4 of the POCDATARA Act. In effect, once an institution files a report in terms of section 28A of the FIC Act, this will lead to a requirement to freeze the property and cease to conduct business with the entity in question.

An up to date list can be accessed via the United Nations website:

UNSC Consolidated List – click to dowload