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Kellison Terrorism Act of 2024 (Makko Oko)

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Kellison Terrorism Act of 2024
Makko Oko Coat Of Arms.png
Citation2023 c. XX
Enacted by3rd Session of the Law Council
Date enactedDecember 4th, 2023
Date effectiveDecember 5th, 2023
Status: Current legislation

The Kellison Terrorism Act of 2024 (c. XX) is an Act of Council of the 3rd Session which was ratified on December 4th, 2023 by Emperor Conall Solis and came into force a day later on December 5th. The act is a major expansion in powers and authority for the government and law enforcement to take down and prosecute terrorists, which before the law had only became smaller and smaller. The law was proposed in response to the attempted coup and successful breach of the nation's capital to prevent another incident like it from occurring again.

Legislative History

Cases

Sections

Section I - Defining Terrorism

Section II - Encouragement of Terroristic Acts

Section III - Prohibited Groups and Bodies

Section IV - Disseminating Terrorist Publications

Section V - Enforcement Provisions on Terrorism

Section VI - Restricted Areas

Section VII - Material Procurement

Section VIII - Security Orders

Section IX - Terrorist Monitoring

Section X - Extrajudicial Authority

Enforcement

Effects

Full Text

SECTION I - DEFINING TERRORISM

ARTICLE I - Terrorism shall be a crime defined as a threat that is designed to influence the government or to intimidate the public or a section of the public, a threat that is made for the purpose of advancing a political, religious, racial or ideological cause or a threat that involves the use of firearms or explosives.

ARTICLE II - An action that creates a serious risk to the health or safety of the public or a section of the public shall be defined as terrorism.

ARTICLE III - Any threat or action acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of His Emperor's Government or any other government de jure or de facto shall be defined as terrorism.

ARTICLE IV - Any threat or action conducted that supports the overthrowing or influencing, by force or violence, of His Emperor's Government shall be defined as terrorism.

SECTION II - ENCOURAGEMENT OF TERRORISTIC ACTS

ARTICLE V - No persons outside or inside of the territory shall make statements that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism.

ARTICLE VI - No persons on Crown-owned or government-owned land shall make statements of a threatening manner against the Monarch or the government.

ARTICLE VII - No persons outside or inside of the territory shall indirectly insinuate to a member of the public the desire for terrorism or the overthrow of the government.

SECTION III - PROHIBITED GROUPS AND BODIES

ARTICLE VIII - The Ministry of Internal Security shall proscribe any group or organization linked to terrorism, rather nationally or internationally, as a prohibited group. All prohibited groups shall fall under the provisions of this section.

ARTICLE IX - No persons shall hold a membership or affiliation of any kind with a prohibited group.

ARTICLE X - The TCEEA shall seize all assets linked to a prohibited group and put it under the control of the state.

ARTICLE XI - No persons shall provide funding or assistance to a prohibited group.

ARTICLE XII - No persons shall become a consumer or buyer to a prohibited group.

ARTICLE XIII - No bank that shall operate in the nation shall provision service to a prohibited group.

SECTION IV - DISSEMINATING TERRORIST PUBLICATIONS

ARTICLE XIV - No persons shall disseminate a publication which is either likely to be understood as directly or indirectly encouraging terrorism, or includes information which is likely to be understood as being useful in the commission or preparation of an act of terrorism.

ARTICLE XV - No persons in the territory shall procure or read a publication that would fall under Article XIV.

ARTICLE XVI - All publications by prohibited groups shall be illegal to distribute or otherwise procure.

ARTICLE XVII - No persons shall distribute or otherwise harbor information that could be harmful to the government.

SECTION V - ENFORCEMENT PROVISIONS ON TERRORISM

ARTICLE XVIII - The TCEEA shall have the authority to freeze or otherwise seize the assets of, suspected terrorists.

ARTICLE XIX - No convicted terrorist under this act shall be permitted to hold overseas assets.

ARTICLE XX - No arrest shall be announced of a terrorist shall it be determined that it would glorify a cause or movement.

ARTICLE XXI - The Ministry of Defense shall have the authority to stop any flight within the territory from taking off due to suspected ties or persons related to terrorism.

ARTICLE XXII - The Emperor shall have the authority to bar any incoming flight from outside the territory from entering the airspace due to suspected ties or persons related to terrorism unless it would endanger the lives of any persons not tied to it.

ARTICLE XXIII - The Minister of Internal Security shall have the authority to deny any visa applicant or incoming foreigner from entering the nation or otherwise receiving travel documents and deport them should they have a reasonable suspicion that they are tied to terrorism.

ARTICLE XXIV - No persons indicted on crimes of terrorism shall have the right to free legal aid, and this article invokes Section 2, Article 10 of the Basic Rights to override that right.

ARTICLE XXV - Any officer without domestic law enforcement authority including the military and foreign intelligence agents, shall be able to investigate and arrest any suspected terrorist under this article as if they had the authority. Domestic law enforcement agencies may operate outside of their jurisdiction and arrest suspected terrorists under this article.

ARTICLE XXVI - All persons suspected of terrorism may be detained and held without charge for an indefinite period of time as the Minister of Internal Security approves.

ARTICLE XXVII - No persons on any terrorist database shall be approved to use the FUNIA program. A relative blacklist shall be maintained as such.

SECTION VI - RESTRICTED AREAS

ARTICLE XXVIII - No persons shall be present at any moment in time at an area belonging to a prohibited group or otherwise used for terrorism.

ARTICLE XXIX - No persons shall train or otherwise prepare for a terroristic act at any area, at any time.

ARTICLE XXX - No persons shall trespass on a site containing radioactive material, belongs to the Crown or is otherwise designated as a national asset by the Ministry of Internal Security or the Monarch.

ARTICLE XXXI - No persons shall photograph any government building or building that belongs to the Crown without a permit from the Ministry of State Affairs.

SECTION VII - MATERIAL PROCUREMENT

ARTICLE XXXII - No persons shall make or possess any radioactive device.

ARTICLE XXXIII - No persons shall use radioactive materials or a radioactive device in a terrorist attack, or sabotage any facility which could cause a public health emergency.

ARTICLE XXXIV - No persons shall make threats to demand that they be given weapons, radioactive materials or any other item that could be used to assist in a terroristic act.

ARTICLE XXXV - No persons shall obtain or disseminate information of a kind likely to be useful to a person committing or preparing an act of terrorism.

SECTION VIII - SECURITY ORDERS

ARTICLE XXXVI - The Minister of Internal Security shall have the authority to issue security orders against any persons subject to the jurisdiction of the Empire for protecting members of the public from a risk of terrorism.

ARTICLE XXXVII - Any persons subject to a security order shall follow all provisions of it, or be subjected to prosecution.

ARTICLE XXXVIII - A security order shall be an order of the Minister of Internal Security promulgated to restrict the rights and abilities of the aforementioned subjects.

ARTICLE XL - A court may issue security orders against such persons subject to the jurisdiction of the Empire that they consider necessary for purposes connected with preventing or restricting involvement by that individual in terrorism-related activity.

ARTICLE XLI - A security order issued by the Minister of Internal Security cannot be appealed.

ARTICLE XLII - A security order can have any of the following restrictions: restrictions on the possession of specified articles or substances (such as a mobile telephone); restrictions on the use of specified services or facilities (such as internet access); restrictions on work and business arrangements; restrictions on association or communication with other individuals, specified or generally; restrictions on where an individual may reside and who may be admitted to that place; a requirement to admit specified individuals to certain locations and to allow such places to be searched and items to be removed therefrom; a prohibition on an individual being in specified location(s) at specified times or days; restrictions to an individual's freedom of movement, including giving prior notice of proposed movements; a requirement to surrender the individual's passport; a requirement to allow the individual to be photographed; a requirement to cooperate with surveillance of the individual's movements or communications, including electronic tagging; a requirement to report to a specified person and specified times and places.

ARTICLE XLIII - A security order can have any additional non-listed restriction as approved by the court or the Monarch.

ARTICLE XLIV - A security order can last forever in duration and does not mandate an end. Shall no end date be specified in a security order, it is to be construed as indefinite.

SECTION IX - TERRORIST MONITORING

ARTICLE XLV - This legislation shall establish the Serious Offenders Register to monitor and track terrorists and other high crime offenders. It shall be managed by the NSS.

ARTICLE XLVI - Any persons convicted for terrorism or terrorism-related crimes shall be mandated to register with the Serious Offenders Register upon release from incarceration as ordered by a court of law.

ARTICLE XLVII - All persons on the register, irrespective of duration, shall be mandated to verify their registration once a month. The court may mandate shorter registration periods as deemed fit.

ARTICLE XLVIII - The court shall, upon successful conviction for terrorism or terrorism-related crimes, shall rule on the duration of their registration upon release. They can choose any duration, or lifetime.

ARTICLE XLIX - All persons on the register shall turn over all personal information including but not limited to: Bank cards, phone numbers, residence addresses, current place of employment, etc. Persons shall reach out and update their information as soon as possible after a change has occurred.

ARTICLE XLX - All persons on the register must inform the police at least seven days in advance of any foreign travel, unless the travel is an emergency or government ordered, in the case, as soon as feasible.

ARTICLE XLXI - The register shall only be accessible to foreign government partners, authorized persons vetted and granted by the Minister of Internal Security and government agencies.

SECTION X - EXTRAJUDICIAL AUTHORITY

ARTICLE XLXII - All provisions of this law as specified hereby apply extrajudicially to all nations and persons of the world, and to all citizens belonging to His Emperor's Government with whom are under foreign jurisdiction.

ARTICLE XLXIII - The FIS shall have the authority to investigate any citizen on foreign soil and use any means necessary to do so.

ARTICLE XLXIV - Any foreign national proven to have violated the provisions of this law in another nation or against a foreign government may such be prosecuted under this article.

See Also