Designation of terrorists

Based on the Law on the Freezing of Assets with the Aim of Preventing Terrorism and Proliferation of Weapons of Mass Destruction (Official Gazette of RS, 29/2015, 113/2017 and 41/2018, “LAF”), a designated person means natural person, legal person, or a group or an association of citizens, whether registered or not, designated and included on a list of terrorists, terrorist organisations or terrorist financiers, or on the list of persons related to proliferation of weapons of mass destruction (WMD) and special lists based on: relevant United Nations Security Council Resolutions or acts of international organisations of which Serbia is a member, proposals by competent state authorities or justified requests of a foreign state. Special lists means the lists drawn up based on United Nations Security Council Resolutions or acts of international organisations of which Serbia is a member, other than those listing natural or legal persons, groups or associations, which list movable and immovable property linked to proliferation of weapons of mass destruction, e.g. vessels, airplanes etc.

Designated person also covers any natural and legal person connected, within the meaning of this law, with proliferation of weapons of mass destruction.

Natural or legal persons linked to designated persons and acting on behalf of or upon instruction by, or otherwise controlled by designated persons may be close family members of the designated person (marital or extramarital partner, parents, brothers and sisters, children, adopted children and step-children, and their marital or extramarital partners), natural and legal persons having a business relationship with designated persons and on which the designated persons have, directly or indirectly, a dominant influence in terms of business operations and decision-making, and other natural and legal persons having an interest-based relationship with designated persons.

There are two types of lists of designated persons:

 

  1. List of persons designated by the United Nations Security Council and other international organisations of which the Republic Serbia is a member. This list is implemented directly, it is taken over in its English language original form and published on the APML website. It is updated in real time and can be searched using the search engine on the APML website.
  2. List of persons designated by the Government of the Republic of Serbia in its decision. It can be made based on

a) Proposal of the competent state authorities, founded on a reasonable belief that a person is a terrorist, terrorist financier, involved in activities of a terrorist group or in the commission of a terrorist act, or is linked to proliferation of weapons of mass destruction (so-called domestic list);
b) Justified request of a foreign country.
 

Reasonable belief that a person is a terrorist, terrorist financier, involved in activities of a terrorist group or commission of a terrorist act or is related to proliferation of weapons of mass destruction, is the level of conviction that a sensible person of average intellectual capabilities can form based on evidence, i.e. facts which are generally known or verifiable and credible information at the disposal of the competent state authorities.
 

 

More on:

 

Law on the Freezing of Assets with the Aim of Preventing Terrorism and Proliferation of Weapons of Mass Destruction

Закон о ограничавању располагања имовином у циљу спречавања тероризма и ширења оружја за масовно уништење