There is established a Committee to be known as the Counter Financing of Terrorism Inter-Ministerial Committee.

The Committee shall, in carrying out its obligations under Resolution 1267, 1373, 1718 and 1988, the resolutions relating to the banning of travel, granting of visas and purchase of arms and related resolutions, coordinate with the relevant competent party for the purposes specified under paragraph (2).

The Committee shall have all the powers necessary for the performance of its functions under these Regulations.

Without prejudice to the generality of paragraph (1), the Committee shall have the powers to issue such directives, guidelines, rules or instructions as it may consider necessary for the effective implementation of these Regulations.

The Committee shall determine its own procedure for the conduct of its meetings and those of its sub-committees under these Regulations.

The Committee may, from time to time, establish such sub-committees as it may consider necessary for the effective discharge of its functions under these Regulations.

The Committee may co-opt into the sub-committees established under paragraph (1) such other persons whose presence, participation, knowledge or skills are necessary for the proper performance of the functions of the Committee.

A person co-opted under paragraph (2) may attend the meetings of the sub-committee and participate in the deliberations but shall have no right to vote at the meeting.

The Committee shall constitute such sector specific law enforcement co-ordinating group as it may consider necessary for the implementation of these Regulations.

A co-ordinating group constituted under paragraph (1) shall consist of such representatives of the institutions set out in the First Schedule as the Committee shall consider necessary for the carrying out of its functions under these Regulations.

The Committee shall designate the chairperson of the co- ordinating group from amongst the members of the team constituted under paragraph (1).

Each co-ordinating group constituted under paragraph (1) shall be responsible for the day to day implementation of these Regulations in relation to such sector as may be specified by the Committee.

A member of the Committee or any other person shall not, without the consent of the Committee in writing, publish or disclose to any person other than in the course of his or her duties, the contents of any document, communication or information which relates to, and which has come to his or her knowledge in the course of his or her duties under these Regulations.

A person who contravenes paragraph (1) commits an offence.

The Kenyan Mission to the United Nations shall, without delay, submit to the Ministry responsible for matters related to foreign affairs, all designations made by the Security Council and any sanctions list or other similar list issued in connection therewith.

The Ministry shall, immediately upon receipt of a designation or list under paragraph (1), submit such designation or sanctions list to the Cabinet Secretary.

The Cabinet Secretary or any member of the Committee designated in writing by Cabinet Secretary for that purpose shall, immediately upon receipt of the designation or sanctions list under paragraph (2), circulate it to the members of the Committee.

Subject to these Regulations, the Cabinet Secretary shall, either on his or her own motion or at the request of the Committee, make an order freezing the property or funds of a designated entity, whether held directly or indirectly by the entity or by a person acting.

An order to freeze property or funds under paragraph (1) shall include an on-going prohibition against the provision of funds or financial services to the designated entity against which the order is made.

A designation or sanctions list circulated by the Cabinet Secretary or the Committee shall be deemed to authorise a reporting institution and any other institution which holds the property or funds of a designated entity to freeze, until further notice, such property or funds.

Any person claiming to have a bona fide right to funds or assets frozen pursuant to regulation 11(1) shall within fourteen days apply to the Committee for the exclusion of his interest from the freezing order.

A person who is required to take action under paragraph (1) shall, without delay, inform the Committee, in writing in the form prescribed by the Committee, of the action taken.

The Committee shall compile a domestic list comprising of specified entities under section 3 of the Act.

The Committee shall circulate the domestic list compiled under paragraph (1) in accordance with regulation 10(4).

The Committee shall review and, where applicable, update, the domestic list annually.

The Committee shall circulate the domestic list to another State as specified in the relevant Resolution.

A circulation under paragraph (5) shall, as far as practically possible and where available, provide such identifying or specific information as set out under paragraph (2) to in support of the circulation.

The Committee shall, where it intends to propose a person or entity to the security council 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committee for designation, identify such person, entity or organization through the procedure provided for under Section 3 of the Act, as far as its applicable to the requirements of Security Council 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committees.

Upon identification, the Committee shall circulate to the Security Council the specified entity together with any information which the Committee considers relevant, through the Cabinet Secretary responsible for foreign affairs, to take action as specified in the Security Council Resolution 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committee and any of their successor resolutions.

The Centre shall publish the domestic list on its website and make available to the public, an electronic version of the list.

The Committee may adopt such measures or make such arrangements for the prompt publication and dissemination of the domestic list.

A designation or request for designation made by a country pursuant to Resolution 1373 shall be transmitted to the Kenyan Mission in that country.

Where a Kenyan Mission does not exist in the country making the request, the country shall transmit the request to the Ministry responsible for matters relating to foreign affairs in Kenya.

Upon receipt of a request under paragraph (2), the Kenyan Mission or the Ministry shall, without delay, submit the request to the Cabinet Secretary for his or her consideration.

The Cabinet Secretary shall, upon receipt of a request under paragraph (3) and without delay, submit the request to the Committee for a determination as to whether there are reasonable grounds to designate the entity in accordance with the Act and these Regulations.

An entity under paragraph (1) which requires funds to cover its basic and necessary expenses may make an application for that purpose to the Cabinet Secretary.

The Cabinet Secretary shall, subject to paragraph (4), consider an application submitted to him or her under paragraph (2) within seven days from the date of receipt of the application.

The Cabinet Secretary may, within ten days from the date of notification of the Sanctions Committee under paragraph (4) and in the absence of negative recommendations from the Sanctions Committee, authorize the withdrawal of such monies as he or she may consider reasonable to cover the basic and necessary expenses of the entity.

In authorizing the withdrawal of monies under paragraph (5), the Cabinet Secretary shall take into account the recommendations of the appropriate Sanctions Committee and shall not authorize such withdrawal where the Sanctions Committee makes a negative recommendation in relation to the application for withdrawal.

Where an application is for the withdrawal of monies to cover extraordinary expenses of the entity, the Cabinet Secretary shall not grant an authorization for the withdrawal of such monies unless he or she has obtained the prior written approval of the relevant Sanctions Committee.

A designated entity may make an application for de-listing by filing a petition with the appropriate Sanctions Committee in the case of Resolution 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Resolutions or to the Committee in the case of Resolution 1373(2001).

Where the Sanctions Committee or the Committee deletes the name of a person or entity appearing on a sanctions list or domestic list, the Cabinet Secretary shall, within twenty four hours of the deletion, notify the institutions specified under regulation 10(4) of such deletion and direct the institutions to delete that name from the list circulated to them.

A direction issued under paragraph (3) shall have the effect of revoking the freeze order and other sanctions imposed against the entity whose name is deleted from the list.

Notwithstanding regulation 17, an entity designated pursuant to Resolution 1267/1989 (Al-Qaida) or Resolution 1988 may make a request for his or her de-listing in accordance with paragraph (2).

A request for de-listing under paragraph (1) may be made on behalf of the designated person by his or her legal representative or estate.

The Office of the Ombudsperson or Focal Point for De-listing shall, upon receipt of a request under paragraph (3), determine the request in accordance with the applicable procedures set out under the Security Council Resolutions.

The Committee shall provide additional information including supporting documents which become available to it in relation to designated persons or entities to the Sanctions Committee.

A person who is designated under these Regulations shall not enter or transit through Kenya, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

Notwithstanding the provisions of any other written aw, a Director of the Kenya Citizens and Foreign Nationals Management Service shall not grant a visa under the Kenya Citizenship and Immigration Act, 2011 (No. 12 of 2011) to a designated person unless he or she has obtained the advice of the Cabinet Secretary that the visa is consistent with the provisions of paragraph (1).

The provisions of this regulation shall not be construed to vary or waive the requirements imposed under the Kenya Citizenship and Immigration Act, 2011 (No. 12 of 2011).

A reporting institution and relevant government agency shall, within twenty four hours of receipt of a notice of an order to freeze the funds or property of a designated entity, submit to the Cabinet Secretary and Centre in writing, a return in the format prescribed by the Centre in consultation with the Cabinet Secretary for that purpose.

A reporting institution and relevant government agency shall notify the Cabinet Secretary and the Centre of any attempted dealing with property or funds against which an order freezing such property or funds has been issued, within twenty-four hours of such attempt.

There is established a Committee to be known as the Counter Financing of Terrorism Inter-Ministerial Committee.

The Committee shall, in carrying out its obligations under Resolution 1267, 1373, 1718 and 1988, the resolutions relating to the banning of travel, granting of visas and purchase of arms and related resolutions, coordinate with the relevant competent party for the purposes specified under paragraph (2).

The Committee shall have all the powers necessary for the performance of its functions under these Regulations.

Without prejudice to the generality of paragraph (1), the Committee shall have the powers to issue such directives, guidelines, rules or instructions as it may consider necessary for the effective implementation of these Regulations.

The Committee shall determine its own procedure for the conduct of its meetings and those of its sub-committees under these Regulations.

The Committee may, from time to time, establish such sub-committees as it may consider necessary for the effective discharge of its functions under these Regulations.

The Committee may co-opt into the sub-committees established under paragraph (1) such other persons whose presence, participation, knowledge or skills are necessary for the proper performance of the functions of the Committee.

A person co-opted under paragraph (2) may attend the meetings of the sub-committee and participate in the deliberations but shall have no right to vote at the meeting.

The Committee shall constitute such sector specific law enforcement co-ordinating group as it may consider necessary for the implementation of these Regulations.

A co-ordinating group constituted under paragraph (1) shall consist of such representatives of the institutions set out in the First Schedule as the Committee shall consider necessary for the carrying out of its functions under these Regulations.

The Committee shall designate the chairperson of the co- ordinating group from amongst the members of the team constituted under paragraph (1).

Each co-ordinating group constituted under paragraph (1) shall be responsible for the day to day implementation of these Regulations in relation to such sector as may be specified by the Committee.

A member of the Committee or any other person shall not, without the consent of the Committee in writing, publish or disclose to any person other than in the course of his or her duties, the contents of any document, communication or information which relates to, and which has come to his or her knowledge in the course of his or her duties under these Regulations.

A person who contravenes paragraph (1) commits an offence.

The Kenyan Mission to the United Nations shall, without delay, submit to the Ministry responsible for matters related to foreign affairs, all designations made by the Security Council and any sanctions list or other similar list issued in connection therewith.

The Ministry shall, immediately upon receipt of a designation or list under paragraph (1), submit such designation or sanctions list to the Cabinet Secretary.

The Cabinet Secretary or any member of the Committee designated in writing by Cabinet Secretary for that purpose shall, immediately upon receipt of the designation or sanctions list under paragraph (2), circulate it to the members of the Committee.

Subject to these Regulations, the Cabinet Secretary shall, either on his or her own motion or at the request of the Committee, make an order freezing the property or funds of a designated entity, whether held directly or indirectly by the entity or by a person acting.

An order to freeze property or funds under paragraph (1) shall include an on-going prohibition against the provision of funds or financial services to the designated entity against which the order is made.

A designation or sanctions list circulated by the Cabinet Secretary or the Committee shall be deemed to authorise a reporting institution and any other institution which holds the property or funds of a designated entity to freeze, until further notice, such property or funds.

Any person claiming to have a bona fide right to funds or assets frozen pursuant to regulation 11(1) shall within fourteen days apply to the Committee for the exclusion of his interest from the freezing order.

A person who is required to take action under paragraph (1) shall, without delay, inform the Committee, in writing in the form prescribed by the Committee, of the action taken.

The Committee shall compile a domestic list comprising of specified entities under section 3 of the Act.

The Committee shall circulate the domestic list compiled under paragraph (1) in accordance with regulation 10(4).

The Committee shall review and, where applicable, update, the domestic list annually.

The Committee shall circulate the domestic list to another State as specified in the relevant Resolution.

A circulation under paragraph (5) shall, as far as practically possible and where available, provide such identifying or specific information as set out under paragraph (2) to in support of the circulation.

The Committee shall, where it intends to propose a person or entity to the security council 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committee for designation, identify such person, entity or organization through the procedure provided for under Section 3 of the Act, as far as its applicable to the requirements of Security Council 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committees.

Upon identification, the Committee shall circulate to the Security Council the specified entity together with any information which the Committee considers relevant, through the Cabinet Secretary responsible for foreign affairs, to take action as specified in the Security Council Resolution 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Committee and any of their successor resolutions.

The Centre shall publish the domestic list on its website and make available to the public, an electronic version of the list.

The Committee may adopt such measures or make such arrangements for the prompt publication and dissemination of the domestic list.

A designation or request for designation made by a country pursuant to Resolution 1373 shall be transmitted to the Kenyan Mission in that country.

Where a Kenyan Mission does not exist in the country making the request, the country shall transmit the request to the Ministry responsible for matters relating to foreign affairs in Kenya.

Upon receipt of a request under paragraph (2), the Kenyan Mission or the Ministry shall, without delay, submit the request to the Cabinet Secretary for his or her consideration.

The Cabinet Secretary shall, upon receipt of a request under paragraph (3) and without delay, submit the request to the Committee for a determination as to whether there are reasonable grounds to designate the entity in accordance with the Act and these Regulations.

An entity under paragraph (1) which requires funds to cover its basic and necessary expenses may make an application for that purpose to the Cabinet Secretary.

The Cabinet Secretary shall, subject to paragraph (4), consider an application submitted to him or her under paragraph (2) within seven days from the date of receipt of the application.

The Cabinet Secretary may, within ten days from the date of notification of the Sanctions Committee under paragraph (4) and in the absence of negative recommendations from the Sanctions Committee, authorize the withdrawal of such monies as he or she may consider reasonable to cover the basic and necessary expenses of the entity.

In authorizing the withdrawal of monies under paragraph (5), the Cabinet Secretary shall take into account the recommendations of the appropriate Sanctions Committee and shall not authorize such withdrawal where the Sanctions Committee makes a negative recommendation in relation to the application for withdrawal.

Where an application is for the withdrawal of monies to cover extraordinary expenses of the entity, the Cabinet Secretary shall not grant an authorization for the withdrawal of such monies unless he or she has obtained the prior written approval of the relevant Sanctions Committee.

A designated entity may make an application for de-listing by filing a petition with the appropriate Sanctions Committee in the case of Resolution 1267(1999), 1989(2011), 1988(2011), 1718(2006) or 1737(2006) Resolutions or to the Committee in the case of Resolution 1373(2001).

Where the Sanctions Committee or the Committee deletes the name of a person or entity appearing on a sanctions list or domestic list, the Cabinet Secretary shall, within twenty four hours of the deletion, notify the institutions specified under regulation 10(4) of such deletion and direct the institutions to delete that name from the list circulated to them.

A direction issued under paragraph (3) shall have the effect of revoking the freeze order and other sanctions imposed against the entity whose name is deleted from the list.

Notwithstanding regulation 17, an entity designated pursuant to Resolution 1267/1989 (Al-Qaida) or Resolution 1988 may make a request for his or her de-listing in accordance with paragraph (2).

A request for de-listing under paragraph (1) may be made on behalf of the designated person by his or her legal representative or estate.

The Office of the Ombudsperson or Focal Point for De-listing shall, upon receipt of a request under paragraph (3), determine the request in accordance with the applicable procedures set out under the Security Council Resolutions.

The Committee shall provide additional information including supporting documents which become available to it in relation to designated persons or entities to the Sanctions Committee.

A person who is designated under these Regulations shall not enter or transit through Kenya, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

Notwithstanding the provisions of any other written aw, a Director of the Kenya Citizens and Foreign Nationals Management Service shall not grant a visa under the Kenya Citizenship and Immigration Act (Cap. 170) to a designated person unless he or she has obtained the advice of the Cabinet Secretary that the visa is consistent with the provisions of paragraph (1).

The provisions of this regulation shall not be construed to vary or waive the requirements imposed under the Kenya Citizenship and Immigration Act (Cap. 170).

A reporting institution and relevant government agency shall, within twenty four hours of receipt of a notice of an order to freeze the funds or property of a designated entity, submit to the Cabinet Secretary and Centre in writing, a return in the format prescribed by the Centre in consultation with the Cabinet Secretary for that purpose.

A reporting institution and relevant government agency shall notify the Cabinet Secretary and the Centre of any attempted dealing with property or funds against which an order freezing such property or funds has been issued, within twenty-four hours of such attempt.

The Kenyan Mission to the United Nations shall, without delay, submit to the Ministry responsible for matters relating to foreign affairs, all designations made by the Security Council and any sanctions list or other similar list issued in connection therewith.

The Ministry shall, upon receipt of a designation or list under subregulation (1), submit such designation or sanctions list to the Cabinet Secretary without delay.

The Cabinet Secretary or any member of the Committee designated in writing by the Cabinet Secretary for that purpose shall, without delay, upon receipt of the designation or sanctions list under subregulation (2), circulate it to the members of the Committee.

The Committee shall upon designation, communicate and provide clear guidance to financial institutions and other persons or entities, including Designated Non-Financial Businesses or Professions (DNFBPs), that may be holding targeted funds or other assets, on their obligations in taking action under freezing mechanisms.

Where there are reasonable grounds to believe that a person or entity meets the relevant listing criteria, the Committee shall direct the Cabinet Secretary in charge of foreign affairs to propose to the relevant United Nations Sanctions Committee, through diplomatic channels, the name of a person or entity which meets the listing criteria.

A proposal for listing under this regulation shall not be conditional upon the existence of criminal proceedings and shall operate without prior notice to the proposed listed person or entity.

Any information given under this regulation shall be given subject to conditions restricting the use and disclosure of the information communicated to the relevant United Nations Sanctions Committee, provided that the statement of case referred to in subregulation (2)(b)(ii) shall, upon request, be disclosed by the relevant United Nations Sanctions Committee, except for the parts the Committee identifies as being confidential.

The Committee may, for the purpose of subregulation (1), consult or seek assistance from any competent authority, law enforcement agency, or other jurisdictions or United Nations entities, as may be necessary to determine whether, on reasonable grounds, there is sufficient evidence to support the listing of a person or entity on a United Nations Sanctions List.

Subject to these Regulations, the Committee shall make an order to freeze, without delay, the property or funds of a designated person or entity, whether held directly or indirectly by the person or entity or by a person or entity acting on behalf of or at the direction of the person or entity, in accordance with these Regulations.

Pursuant to subregulation (1), all natural and legal persons within the country shall freeze, without delay and without prior notice, the funds or other assets of designated persons and entities.

An order to freeze property or funds under subregulation (1) shall include an on-going prohibition against the provision of funds or financial services to the designated person or entity against which the order is made.

A designation or sanctions list circulated by the Cabinet Secretary or the Committee shall be deemed to authorise a reporting institution and any other person holding the funds or other assets of a designated person or entity to freeze, until further notice, such property or funds.

A person who is required to take action under subregulation (1) shall, without delay, inform the Committee, in writing in the form specified by the Committee, of the action taken.

A person who claims to have a bona fide right to funds or assets frozen in terms of regulation 6 may apply to the Committee through the Cabinet Secretary for the exclusion of his or her interest from the freezing order.

The Committee shall compile a domestic list comprising of specified entities under section 3 of the Act.

The Committee shall circulate the domestic list compiled under subregulation (1) in accordance with regulation 4(4).

The Committee shall circulate the domestic list to another State as specified in the relevant Resolution.

A circulation under subregulation (3) shall, provide such identifying or specific information as set out under subregulation (2) in support of the circulation.

The Committee shall, where it intends to propose a person or entity to the security council 1267 (1999), 1989 (2011) or 1988 (2011), Committee for designation, identify such person, entity or organization through the procedure provided for under section 3 of the Act, as far as it is applicable to the requirements of Security Council 1267 (1999), 1989 (2011), or 1988 (2011) Committees.

Upon identification, the Committee shall circulate to the Security Council the specified entity together with any information which the Committee considers relevant, through the Cabinet Secretary responsible for foreign affairs, to take action as specified in the Security Council Resolution 1267 (1999), 1989 (2011), or 1988 (2011) Committee and any of their successor resolutions.

The Committee shall operate ex-parte against a person or entity who has been identified and whose proposal for designation is being considered.

The Centre shall publish the domestic list on its website and make available to the public, an electronic version of the list.

The Committee may adopt such measures or make such arrangements for the prompt publication and dissemination of the domestic list.

A designation or request for designation made by a country pursuant to Resolution 1373 shall be transmitted to the Kenyan Mission in that country.

Where a Kenyan Mission does not exist in the country making the request, the country shall transmit the request to the Ministry responsible for matters relating to foreign affairs in Kenya.

Upon receipt of a request under subregulation (2), the Kenyan Mission or the Ministry shall, without delay, submit the request to the Cabinet Secretary for his consideration.

The Cabinet Secretary shall, upon receipt of a request under subregulation (3) and without delay, submit the request to the Committee for a determination as to whether there are reasonable grounds to designate the entity in accordance with the Act and these Regulations.

An entity under subregulation (1) which requires funds to cover its basic and necessary expenses may make an application for that purpose to the Cabinet Secretary in accordance with the guidelines and procedures set by the Committee, apply through a written request to be delisted.

The Cabinet Secretary shall, subject to subregulation (4), consider an application submitted to him or her under subregulation (2) within seven days from the date of receipt of the application.

The Cabinet Secretary may, within ten days from the date of notification of the Sanctions Committee under subregulation (4) and in the absence of negative recommendations from the Sanctions Committee, authorize the withdrawal of such monies as he or she may consider reasonable to cover the basic and necessary expenses of the entity.

In authorizing the withdrawal of monies under subregulation (5), the Cabinet Secretary shall take into account the recommendations of the appropriate Sanctions Committee and shall not authorize such withdrawal where the Sanctions Committee makes a negative recommendation in relation to the application for withdrawal.

Where an application is for the withdrawal of funds to cover extraordinary expenses of the entity, the Cabinet Secretary shall not grant an authorization for the withdrawal of such funds unless he or she has obtained the prior written approval of the relevant Sanctions Committee.

A designated entity may make an application for de-listing by filing a petition with the appropriate Sanctions Committee in the case of Resolution 1267 (1999), 1989 (2011), or 1988 (2011) Resolutions or to the Committee in the case of Resolution 1373 (2001).

Where the Sanctions Committee or the Committee deletes the name of a person or entity appearing on a sanctions list or domestic list, the Cabinet Secretary shall, within twenty four hours of the deletion, notify the institutions specified under regulation 4(4) of such deletion and direct the institutions to delete that name from the list circulated to them.

A direction issued under subregulation (3) shall have the effect of revoking the freeze order and other sanctions imposed against the entity whose name is deleted from the list.

Where the Committee decides that no reasonable grounds exist to revoke the designation, the Committee shall, within 30 days of receiving the application, instruct the Cabinet Secretary to inform the applicant of its decision.

Within 60 days of receiving information of the decision referred to in subregulation (3), the applicant may apply to the High Court for review of that decision.

Notwithstanding regulation 15, an entity designated pursuant to Resolution 1267/1989 (Al-Qaida) or Resolution 1988 may make a request for his or her de-listing in accordance with subregulation (2).

A request for de-listing under subregulation (1) may be made on behalf of the designated person by his or her legal representative or estate.

The Office of the Ombudsperson or Focal Point for De-listing shall, upon receipt of a request under subregulation (3), determine the request in accordance with the applicable procedures set out under the relevant Security Council Resolutions.

The request to have funds released for expenses outlined in subregulation (1), shall be assessed by the Committee within the 30 working days, and if favorably considered, the request shall be directed to the relevant Sanctions Committee established pursuant to Security Council Resolutions 1267 (1999), 1988 (2011) or 1989 (2011) for its decision.

The Committee may, within 48 hours from date of submission of the request to the relevant UN Sanctions Committee, and in the absence of any negative decision received from such Committee, authorise the release of funds as applied for.

The Committee shall provide additional information including supporting documents which become available to it in relation to designated persons or entities to the Sanctions Committee.

A person who is designated under these Regulations shall not enter or transit through Kenya, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

Notwithstanding the provisions of any other written law, a Director of the Kenya Citizens and Foreign Nationals Management Service shall not grant a visa under the Kenya Citizenship and Immigration Act (Cap. 170), to a designated person unless he or she has obtained the advice of the Cabinet Secretary that the visa is consistent with the provisions of subregulation (1).

The provisions of this regulation shall not be construed to vary or waive the requirements imposed under the Kenya Citizenship and Immigration Act (Cap. 170).

A reporting institution and relevant government agency shall, within twenty four hours of receipt of a notice of an order to freeze the funds or property of a designated entity, submit to the Cabinet Secretary and the Centre, in writing, a return in the format specified by the Centre in consultation with the Cabinet Secretary for that purpose.

A reporting institution and relevant government agency shall notify the Cabinet Secretary and the Centre of any attempted dealing with property or funds against which an order freezing such property or funds has been issued, within twenty-four hours of such attempt.

The Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2022, are revoked.

For the purpose of timely implementation of UN Resolution 1718 and 2231 and successor Resolutions, the Committee hereby designates the Secretary to the Committee to receive and circulate all designations made by the Security Council and any Sanctions List or other similar list issued in connection therewith.

For the purpose of subregulation (1), the Secretary of the Committee shall, on a daily basis, monitor the Sanctions Lists.

In circulating the sanctions list under this regulation, the Secretary of the Committee shall provide clear guidance on freezing to all persons and competent parties that may be holding targeted funds or other assets.

Any implementation action undertaken by the Secretary of the Committee under this regulation shall be subject to the provisions of regulation 7 to these Regulations.

A person or reporting institution shall, immediately, verify whether the details of a designated person or entity match with the particulars of any customer, and if so, identify whether the customer owns any funds or other assets in Kenya, including the funds or other assets referred to under regulation 6 to these Regulations.

Where funds or other assets are identified by a person or reporting institution, the person or reporting institution shall make a report within twenty four hours to the Committee in a specified manner on any funds or other assets frozen or action taken in compliance with the prohibition requirements of the relevant United Nations Security Council Resolutions.

Notwithstanding the provisions of sub-regulation (2), a reporting institution shall report any attempted transaction by a designated person or entity, by filing a suspicious transaction report to the Financial Reporting Centre and in such a form as may be specified by the Financial Reporting Centre.

No person within Kenya shall make available any funds or other assets to or for the benefit of designated persons or entities unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council Resolutions.

A person who claims in good faith to have a bona fide right to funds or other assets frozen under regulation 6 may apply in writing to the Committee through the Cabinet Secretary for the exclusion of his or her interest from the freezing order.

Upon receipt of the application, the Committee shall within reasonable time determine the application and may accord the applicant an opportunity to make representation.

The powers of the Committee under this regulation may be exercised by a sub-committee constituted under section 40G of the Act.

The decision of the Committee shall be communicated to the applicant within 14 days from the date of the decision and the Committee shall take any further steps to effect its decision.

The Financial Reporting Centre, supervisory bodies and self-regulatory bodies shall adopt measures for monitoring and ensuring compliance by reporting institutions with this Act and the Proceeds of Crime and Anti-Money Laundering Act relating to proliferation financing.

An application for delisting of a designated person or entity who does not meet or no longer meets the criteria for designation may be made to the Focal Point established pursuant to UNSCR 1730.

The petition shall be submitted to the Focal Point for delisting through the address specified under the Schedule or such other address as may be specified by the Sanctions Committee.

A request for de-listing under this regulation may be made on behalf of the designated person by his or her legal representative or estate.

The Focal Point for de-listing shall, upon receipt of a request under this regulation, determine the request in accordance with the applicable guidelines or procedures adopted under the relevant Security Council Resolutions.

Upon confirmation that a designated person or entity has been delisted from the Sanctions List, the Committee shall, through a public notice or in any other manner the Committee may specify, notify and provide guidance on unfreezing to all persons and reporting institutions holding targeted funds or other assets of the delisted person or entity.

A person, whose name is similar to that of a designated person or entity, and whose funds have been inadvertently or mistakenly frozen due to the similarity, may apply for unfreezing.

The application under subregulation (1) shall be made in writing and reviewed by the Committee.

Unfreezing action under subregulation (1) shall be upon verification by the Committee that the person or entity is not the designated person or entity.

A person who is designated under these Regulations shall not enter or transit through Kenya, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

Notwithstanding the provisions of any other written law, a Director of the Kenya Citizens and Foreign Nationals Management Service shall not grant a visa under the Kenya Citizenship and Immigration Act (Cap. 170), to a designated person unless he or she has obtained the advice of the Cabinet Secretary that the visa is consistent with the provisions of subregulation (1).

The provisions of this regulation shall not be construed to vary or waive the requirements imposed under the Kenya Citizenship and Immigration Act (Cap. 170).