ACT No. XX of 2020 AN ACT to amend the National Interest (Enabling Powers) Act, BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows:-

I assent.

(L.S.)

GEORGE VELLA

President

23rd April, 2020

ACT No. XX of 2020

AN ACT to amend the National Interest (Enabling Powers) Act,

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the National Interest (Enabling

Powers) (Amendment) Act, 2020, and this Act shall be read and

construed as one with the National Interest (Enabling Powers) Act,

hereinafter referred to as "the principal Act".

Article 3 of the principal Act shall be amended as follows

(a) in the marginal note thereof the word "Prime" shall

be deleted;

(b) in sub-articles (1), (2) and (3) thereof the word

"Prime" wherever it occurs shall be deleted;

(c)

sub-article (4) thereof shall be amended as follows

(i) in paragraph (a) the word "Prime" shall be

deleted and the words "he may" shall be substituted by the

words "he shall"; and

(ii) in sub-paragraph (vi) of paragraph (a), the

words "in the regulations." shall be substituted by the

words "in the regulations:" and immediately thereafter

there shall be added the following new proviso

"Provided that the Minister shall publish the

regulations within a reasonable time from when the

Sanctions Monitoring Board and the Attorney

General as the case may be have made their

recommendation for the publication of the

regulations.";

(d) in sub-article (5) thereof the word "Prime" shall be

deleted; and

(e) immediately after sub-article (6) thereof, there shall

be added the following new sub-article

"(7) Without prejudice to the provisions of the

foregoing sub-articles of this article the Minister may make

regulations to give effect to any provisions of this Act and

such regulations may also provide for any matter which is

incidental, ancillary or consequential thereto.".

Article 17 of the principal Act shall be amended as follows

Amendment of

article 17 of the

principal Act.

(a) in sub-article (6) thereof, for the words "as

defined in the Prevention of Money Laundering Act"

there shall be substituted the words "as defined in the

Prevention of Money Laundering and Funding of

Terrorism Regulations"; and

(b) in sub-article (7) thereof, for the words "as

defined in the Prevention of Money Laundering Act"

there shall be substituted the words "as defined in the

Prevention of Money Laundering and Funding of

Terrorism Regulations".

Immediately after article 18 of the principal Act there shall be Addition of new

articles to the

added the following new articles

principal Act.

(1) Any person who contravenes the provisions

of paragraphs (a), (b) or (c) of article 17(6), and when

such contravention is not accompanied by any other

breach of this Act, shall be liable to

(a) an administrative sanction of not less

than one hundred euro (€100) and not more than

three hundred euro (€300) in respect of every

separate contravention; or

(b) an administrative sanction of not less

than three hundred euro (€300) and not more than

eight hundred euro (€800) in respect of

contraventions that are deemed to be serious,

repeated or systematic

Provided that instead of or in

conjunction with the imposition of any

administrative sanction as envisaged under this sub-

article, the Board may issue directives in writing

requiring any person to take any action or measure

to remedy such contravention or ensure compliance

with the provisions of paragraphs (a), (b) or (c) of

article 17(6)

Provided further that directives in

writing issued under this sub-article shall be

complied with, within the time and in the manner

stipulated therein, and any person who fails to

comply with any such directive shall be liable to an

administrative sanction as envisaged under

paragraph (a).

(2) Administrative sanctions under this article shall

be imposed by the Board without recourse to a court

hearing and in accordance with policies and procedures

established by the Board, which may be imposed either as

a one-time fixed sanction or as a daily cumulative

sanction, or both.

(3) Administrative sanctions imposed on a daily

cumulative basis, shall not be less than fifty euro (€50)

and the accumulated sanction shall not exceed one

thousand euro (€1,000).

(4) Where the Board imposes an administrative

sanction on a person, it shall inform in a timely manner

the relevant supervisory authority or any other authority,

body or committee responsible for the authorisation,

licensing, registration or regulation of, or the granting of

a warrant to, the person concerned, and shall provide all

relevant information on the contravention which it retains

necessary

Provided that where the Board imposes an

administrative sanction as envisaged under sub-article

(1)(b), the Board may also recommend to the relevant

supervisory authority, body or committee responsible for

the authorisation, licensing, registration or regulation of,

or the granting of a warrant to, the person concerned, to

take any action or regulatory measures available to it

under applicable law as it may deem appropriate in the

circumstances of the case.

(5) Any administrative sanction imposed by the

Board in terms of this article, which exceeds eight

hundred euro (€800) shall be subject to publication in

accordance with policies and procedures established from

time to time by the Board.

The Board may, whenever it deems necessary,

engage one or more persons, whom it considers to be in

possession of suitable expertise, to assist it in carrying out

specific tasks requiring such expertise, and, for this

purpose, the Board may impose such conditions as it

considers necessary.".

5. The subsidiary legislation listed hereunder are hereby Repeals.

-

United Nations Sanctions (Libya) (Revocation)

Regulations (S.L. 365.01);

-

United Nations Sanctions (Rwanda) Regulations

(S.L. 365.02);

-

United Nations Sanctions (Georgia) Regulations

(S.L. 365.03);

-

United Nations Sanctions (Somalia) Regulations

(S.L. 365.04);

-

United Nations Sanctions (Yugoslavia) Regulations

(S.L. 365.05);

-

United Nations Sanctions (Sierra Leone) Regulations

(S.L. 365.06);

-

United Nations Sanctions (Taliban) Regulations

(S.L. 365.07);

-

United Nations Sanctions (Liberia) Regulations

(S.L. 365.10);

Security

Council

Resolutions

(Terrorism)

-

Regulations (S.L. 365.14);

-

United Nations Sanctions (Iraq) Regulations (S.L.

365.16);

United Nations Sanctions (Democratic Republic of

Congo) Regulations (S.L. 365.17);

United Nations Sanctions (Ivory Coast) Regulations

(S.L. 365.18);

United Nations Sanctions (Sudan) Regulations (S.L.

365.19);

United Nations Sanctions (Democratic People's

Republic of Korea) Regulations (S.L. 365.23);

United Nations Sanctions (Iran) Regulations (S.L.

365.24);

United Nations Sanctions (Iran) (Further Sanctions)

Regulations (S.L. 365.25);

United Nations Sanctions (Iran) (Further Sanctions)

(2008) Regulations (S.L. 365.27);

United Nations Sanctions (Somalia) (Further

Sanctions) (2008) Regulations (S.L. 365.28);

United Nations Sanctions (Democratic People's

Republic of Korea) (Further Sanctions) (2009) (S.L.

365.29);

United Nations Sanctions (Eritrea) Regulations (S.L.

365.30);

United Nations Sanctions (Iran) (Further Sanctions)

(2010) Regulations (S.L. 365.31);

Enforcement of European Union Sanctions (Iran)

Regulations (S.L. 365.32);

United Nations Sanctions (Libyan Arab Jamahirija)

Regulations (S.L. 365.33);

Enforcement of European Union Sanctions (Ivory

Coast and Tunisia) Regulations (S.L. 365.34);

Enforcement of European Union Sanctions (Libyan

Arab Jamahirija) Regulations (S.L. 365.35);

United Nations Sanctions (Libyan Arab Jamahirija)

(Further Sanctions) Regulations (S.L. 365.36);

Enforcement of European Union Sanctions (Syria)

Regulations (S.L. 365.37);

Enforcement of European Union Sanctions (Egypt)

Regulations (S.L. 365.38);

Exemption from Prohibitions Regulations (S.L.

365.39);

United Nations Sanctions (Libyan Arab Jamahirija)

(Availability of Assets) Regulations (S.L. 365.40);

United Nations Sanctions (Libya) (Partial Removal

of Sanctions) Regulations (S.L. 365.41);

United Nations Sanctions (Libya) (Removal of

Sanctions) (Asset Freeze) Regulations (S.L. 365.42);

Enforcement of European Union Sanctions (Belarus)

Regulations (S.L. 365.43);

Enforcement of European Union Sanctions

(Lebanon) Regulations (S.L. 365.44);

Enforcement of European Union Sanctions

concerning restrictive measures directed against

certain persons, entities and bodies in view of the

situation in Ukraine Regulations (S.L. 365.46);

Enforcement of European Union Sanctions,

concerning restrictive measures in respect of actions

undermining or threatening the territorial integrity,

sovereignty independence of Ukraine Regulations

(S.L. 365.47);

Enforcement of European Union Sanctions

(Somalia) Regulations (S.L. 365.48);

Enforcement of European Union Sanctions (Liberia)

Regulations (S.L. 365.49);

Enforcement of European Union Sanctions (Eritrea)

Regulations (S.L. 365.50);

Enforcement of European Union Sanctions (Sudan)

Regulations (S.L. 365.51);

Enforcement of European Union Sanctions (State of

Libya formerly known as Libyan Arab Jamahirija)

Regulations (S.L. 365.52);

Enforcement of European Union Sanctions

concerning Certain Persons, Entities and Bodies in

the Republic of Guinea-Bissau) Regulations (S.L.

365.53);

Enforcement of European Union Sanctions

(Zimbabwe) Regulations (S.L. 365.54);

Enforcement of European Union Sanctions

(Democratic Republic of Congo) Regulations (S.L.

365.55);

Enforcement of European Union Sanctions

(Republic of Guinea) Regulations (S.L. 365.56);

Enforcement of European Union Sanctions

(Myanmar/Burma) Regulations (S.L. 365.57);

Enforcement of European Union Sanctions (Islamic

Republic of Iran) Regulations (S.L. 365.58);

Enforcement of European Union Sanctions (Islamic

Republic of Afghanistan) Regulations (S.L. 365.59);

Enforcement of European Union Sanctions

maintaining a freeze of funds in relation to Mr.

Milosevic and those persons associated with him

Regulations (S.L. 365.60);

Enforcement of European Union Sanctions

protecting against the effects of the extra-territorial

application of legislation adopted by a third country

Regulations (S.L. 365.61);

Enforcement of European Union Sanctions

(Republic of Iraq) Regulations (S.L. 365.62);

Enforcement of European Union Sanctions

prohibiting the satisfying of claims by the Haitian

Authorities with regards to contracts and transactions

Regulations (S.L. 365.63);

Enforcement of European Union Sanctions imposing

certain specific restrictive measures directed against

certain persons and entities associated with Terrorist

Groups Regulations (S.L. 365.64);

Enforcement of European Union Sanctions

concerning certain persons in Lebanon Regulations

(S.L. 365.65);

Enforcement of European Union Sanctions (Russian

Federation) Regulations (S.L. 365.66);

Enforcement of European Union Sanctions (Central

African Republic) Regulations (S.L. 365.67);

Enforcement of European Union Sanctions (Côte

d'Ivoire) Regulations (S.L. 365.68);

Enforcement of European Union Sanctions (South

Sudan) Regulations (S.L. 365.69);

Enforcement of European Union Sanctions

(Ukraine) Regulations (S.L. 365.70);

Enforcement of European Union Sanctions

(Republic of Yemen) Regulations (S.L. 365.71);

Enforcement of European Union Sanctions

(Democratic People's Republic of Korea)

Regulations (S.L. 365.72);

Enforcement of European Union Sanctions

(Republic of Burundi) Regulations (S.L. 365.73);

Revocation of United Nations Sanctions against the

Islamic Republic of Iran Regulations (S.L. 365.74).

Passed by the House of Representatives at Sitting No. 318 of the

20th April, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.90