NATIONAL INTEREST (ENABLING POWERS) ACT *

CHAPTER 365

NATIONAL INTEREST (ENABLING POWERS) ACT *

To enable the implementation of certain treaties and measures and the

restriction of trade and travel where the national or international interest

of Malta so requires and to enable effect to be given to certain provisions

of the Charter of the United Nations.

3rd August, 1993

ACT XX of 1993, as amended by Act V of 2000; and Legal Notice 425 of

2007 and Acts XXI of 2018 and XX of 2020.

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

Powers) Act.

In this Act -

"the Board" means the Sanctions Monitoring Board established

under article 7;

"Charter" means the Charter of the United Nations signed at San

Francisco on the 26th June, 1945;

'' Council of the European Union'' means the Council established

by the Treaty;

"the European Union" means the European Union as referred to

in the Treaty;

"freeze" means to prohibit the transfer, conversion, disposition or

other movement of a property;

"international treaty" includes any bilateral or regional treaty;

"the Minister" means the Minister responsible for foreign affairs;

"prohibition" includes restriction and regulation including the

obligation to report or register any activity or transaction, and

prohibition of trade includes the interruption or reduction of

economic relations;

''Regulation of the Council of the European Union'' means any

Council Regulation which from time to time may be published by the

European Union imposing sanctions of whatever nature referred to in

the Official Journal of the European Union, † and includes any

amendment thereto, including any amendment or addition to any related

list of designated persons or entities, and any repealing Regulation;

"Security Council" means the Security Council established under

Chapter V of the Charter;

"trade" includes the manufacture, assembly or processing of

goods as well as the provision of services including the movement

of capital, payments and other financial services, as well as the

*This Act has been repealed by Act XXXV of 2025. Vide Regulation 39.

† http://eur-lex.europa.eu/oj/direct-access.html/ or

https://eeas.europa.eu/headquarters/headquarters-homepage/search/site/

consolidated%20list_en

transfer of technological and scientific knowledge;

"the Treaty" means the Treaty referred to in article 2 of the

European Union Act;

"United Nations" means the international organisation set up by

the Charter.

"United Nations Security Council Resolution" means any Council

Resolution which from time to time may be published by the United

Nations Security Council imposing sanctions of whatever nature,

referred to in the yearly compendiums of United Nations Security

Council resolutions and decisions, * and includes any amendment

thereto, including any amendment or addition to any related list of

designated persons or entities, and any repealing Resolution.

(1) Whenever the Security Council, acting under Article

forty-one of Chapter VII of the Charter, calls upon member states

of the United Nations to apply any measures to give effect to any

decision of the said Security Council (being measures not involving

the use of armed force under Article 42 of the Charter), or

whenever an entity or competent authority appointed or set up by or

under the Charter advices, recommends, directs or orders member

states of the United Nations to take such action as may be advised,

recommended, directed or ordered by that entity or competent

authority, the Minister may, subject to the provisions of sub-article

(4) of this article, make regulations as appear to him necessary or

expedient for the implementation of such measures or action.

(2) Whenever the House of Representatives ratifies or

authorises the ratification of an international treaty or whenever

such ratification or authorisation is made or given by an Act of

Parliament, the Minister may, subject to the provisions of sub-

article (4) of this article, make regulations as appear to him to be

necessary or expedient to give effect to any of the provisions of that

treaty or to give effect to any advice, recommendation, direction or

order of any entity or competent authority appointed or set up by or

under any such international treaty and any such regulations shall

contain the text of the Resolution of the House of Representatives

ratifying or authorising the ratification of that treaty or shall

contain a reference to the Act of Parliament by which the

ratification is made or authorisation given, as the case may be.

(3) Whenever the Minister considers that the national or

international interests of Malta so require, he may by regulations

under this Act, order the prohibition of trade with other countries,

either in general or with any country or countries or part thereof, or

the prohibition of travel to and from any country or countries or

part thereof, as may be stated in the regulations.

(4) (a) Whenever the Minister considers that the national or

i n t e r na t i o n a l i n t e r e s t s o f M a l t a so r e q u i r e , he shall, on the

recommendation of the Sanctions Monitoring Board and of the Attorney

General, by regulations under this Act, order -

* https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list

https://www.un.org/press/en

(i) the designation of any person or entity;

(ii) that any natural or legal person in Malta

immediately freeze, without prior notice, all

property of a designated person or entity or of any

other persons or entities as may be indicated in the

order;

(iii) that any natural or legal person in Malta

immediately freeze, without prior notice, all

property that is owned or controlled, whether

wholly or jointly, directly or indirectly, by a

designated person or entity; or property that is

derived or generated from other funds or assets

that are owned or controlled, directly or

indirectly, by a designated person or entity; and

property of any person or entity acting on behalf

of or at the direction of a designated person or

entity;

(iv) that no Maltese citizen or any person or entity

located in Malta shall make available any property

or financial services or other related services,

directly or indirectly, wholly or jointly, to or for the

benefit of a designated person or entity; or an entity

owned or controlled, directly or indirectly, by a

designated person or entity; or a person or entity

acting on behalf of, or at the direction of, a

designated person or entity, unless licensed,

authorised or notified for such purpose;

(v) the investigation of any matter relating to the

designation of any person or entity, the confiscation

of property of any designated person or entity and

the applicability, mutatis mutandis, or otherwise of

any provisions of any other law including but not

limited to the Criminal Code, the Dangerous

Drugs Ordinance, the Medical and Kindred

Professions Ordinance and the Prevention of

Money Laundering Act in respect of the property

of a designated person or entity, or of a person or

entity who is subject to an investigation which may

lead to the designation of that person or entity; or

(vi) the amendment or revocation of any order made

under sub-paragraphs (i), (ii), (iii), (iv) and (v) as

may be stated in the regulations

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.

(b) Nothing shall preclude the application of the measures

referred to in this Act with respect to organizations or factions in

any country or countries or part thereof, as may be stated in the

regulations.

(c) For purposes of this Act

"person" shall include a body or association of persons, whether

corporate or incorporate; and

"property" shall mean assets, including but not limited to financial

assets, economic resource, including oil and other natural resources,

property of every kind, whether tangible or intangible, moveable or

immoveable, however acquired, and legal documents or instruments in

any form, including electronic or digital, evidencing title to, or interest

in, such funds or other assets, and any interest, dividends, or other

income on or value accruing from or generated by such funds or other

assets, and any other assets which potentially may be used to obtain

funds, goods or services.

(5) Regulations made under this Act may be made applicable to

persons in Malta, persons resident in Malta, to citizens of Malta

wherever they may be or to vessels, aircraft or other means of

transport registered in or belonging to Malta or travelling to or

from such countries as the Minister may in the regulations

determine.

(6) Regulations made under this Act may also provide for such

measures as may be necessary for such regulations to be effectively

applied including the cancellation or the suspension of any

obligation arising under any agreement, and without prejudice of

the foregoing such regulations may provide for the apprehension,

trial and punishment of persons offending against such regulations.

(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.

(1) For the purposes of this Act and of article 3 of the

European Union Act, Regulations of the Council of the European

Union imposing sanctions or applying restrictive measures of

whatever nature, or which advise, recommend, direct or order

Member States of the European Union to take such action as may

be advised, recommended, directed or ordered, whether published

before or after the coming into force of this article, shall be binding

in their entirety in Malta and shall be part of the domestic law

thereof under conditions laid down in the Treaty.

(2) The provisions of article 3(4)(e) of the Interpretation Act

shall apply to Regulations of the Council of the European Union

referred to in this Act and to any amendment thereto and any

repealing Regulation.

(1) For the purposes of this Act, United Nations Security

Council Resolutions imposing sanctions or applying restrictive

measures of whatever nature, or which advise, recommend, direct

or order Member States of the United Nations to take such action as

may be advised, recommended, directed or ordered, whether

published before or after the coming into force of this article, shall

be automatically binding in their entirety in Malta and shall be part

of the domestic law thereof.

(2) The provisions of article 3(4)(e) of the Interpretation Act shall,

mutatis mutandis, also apply to United Nations Security Council

Resolutions referred to in this Act and to any amendment thereto and

any repealing Resolution; and the reference, in the said article, to

publication in the Official Journal shall, in the case of United Nations

Security Council Resolutions, be construed as a reference to publication

in the yearly compendiums referred to in article 2.

(1) Any person who acts in violation of regulations made

under this Act or of a Regulation of the Council of the European

Union or of a United Nations Security Council Resolution shall be

g u i l t y o f a n o ff e n c e a n d s h a l l , o n c o n v i c t i o n , b e l i a b l e t o

imprisonment for a term from twelve months to twelve years or to a

fine (multa) of not less than twenty-five thousand euro (€25,000)

and not exceeding five million euro (€5,000,000), or to both such

imprisonment and fine.

(2) The provisions of article 121D of the Criminal Code shall,

mutatis mutandis, apply to the offences under this Act, so however

that the punishment to which the body corporate shall be liable

under this sub-article shall be that of the payment of a fine (multa)

of not less than eighty thousand euro (€80,000) and not exceeding

ten million euro (€10,000,000).

(3) The body corporate shall also be held liable for an offence

under this Act where the lack of supervision or control by a person

referred to in article 121D of the Criminal Code has made possible

the commission of the offence for the benefit of the body corporate,

which shall upon conviction be liable to the punishment laid down

in sub-article (2)

(4) Without prejudice to any other punishment to which the

offence may be liable under this Act or any other law, where the

offender is a body corporate liable to punishment under the

provisions of sub-articles (2) and (3), the Court may, at the request

of the prosecution, order -

(a)

the suspension or cancellation of any licence,

permit or other authority to engage in any trade, business or

other commercial activity;

(b)

the temporary or permanent closure of any

establishment which may have been used for the commission

of the offence;

(c)

the compulsory winding up of the body

corporate;

(d)

exclusion from entitlement to public benefits or

aid.

(4A) Where an offence against the provisions of this Act is

committed by a body corporate, every person who, at the time of

the commission of the offence, was a director, manager, secretary

or other similar officer of such body corporate, shall be guilty of an

offence unless he proves that the offence was committed without

his knowledge and that he exercised all due diligence to prevent the

commission of the offence.

(5) (a) Where an item the export, transit or transhipment of

which would be contrary to restrictive measures in force, such item

shall be forfeited in accordance with the provisions of the Customs

Ordinance on the forfeiture of prohibited goods and of goods the

importation of which is restricted, including in accordance with the

provisions relating to the claiming back of the seized goods in the

same Ordinance. Such forfeiture shall be made following the

recommendation of the Board.

(b)

Items which are forfeited in accordance with

paragraph (a) shall be disposed of in accordance with the

recommendation of the Board. In giving its recommendation,

the Board shall consider the most economically advantageous

option for disposal in full adherence with the laws and

regulations in force in Malta.

(c)

The provisions of this sub-article shall also apply

to all goods which are in Malta, irrespective of the date of their

arrival in Malta.

(6) The provisions of articles 21 and 28A of the Criminal Code

and the provisions of the Probation Act shall not apply in respect of

any person convicted of an offence under this Act.

(7) Without prejudice to the provisions of article 5 of the

Criminal Code, the Maltese courts shall also have jurisdiction over

the offences referred to in this Act where

(a)

only part of the action giving execution to the

offence took place in Malta; or

(b)

the offender is a Maltese national or habitual

resident in Malta or the offence was committed for the benefit

of a body corporate registered in Malta; or

(c)

where the gain from the commission of the

offence was received in Malta; or

(d)

where a person in Malta knowingly assisted or

induced another person to commit the offence.

(1) There shall be a Sanctions Monitoring Board having the

functions set out in this Act.

(2) The Sanctions Monitoring Board shall be composed of a

representative of the Ministry for Foreign Affairs who shall be

C h a i r m a n , t h e A t t o r ne y G e n e r a l o r h i s r e p r e s e n t a t i v e , t h e

Commissioner of Police or his representative, a representative of

the Office of the Prime Minister, a representative of the Financial

Intelligence Analysis Unit, a representative of the Malta Security

Service, a representative of the Ministry responsible for home

affairs, a representative of the Ministry responsible for defence, a

representative of the Ministry responsible for finance, a

representative of the Ministry responsible for the economy, a

representative of the Trade Department, a representative of the

Customs Department, a representative of the Central Bank of

Malta, a representative of the Malta Financial Services Authority, a

representative of the Ministry responsible for maritime affairs, a

representative of the Ministry responsible for aviation matters, a

representative of the Ministry responsible for lands and a representative

of the Ministry responsible for immigration matters.

(3) A Deputy Chairman shall be appointed by the Minister from

among the members of the Board.

(4) There shall be a Secretary to the Board appointed from among

serving officers of the Ministry for Foreign Affairs, on the advice of the

Chairman. The Secretary shall take the minutes of Board meetings.

(5)

(a) The Board shall have the function to

(i)

monitor the implementation and

operation of sanctions imposed by regulations made

under this Act, Regulations of the Council of the

European Union and United Nations Security Council

Resolutions and, where applicable, to harmonise

practice thereon with that followed by other states;

(ii) propose persons or entities to be

designated by the United Nations Security Council, or

by the Council of the European Union or for a

designation by order under article 3(4)(a);

(iii) propose the delisting of any designated

person or entity, by the United Nations Security Council

or by the Council of the European Union or by order

under article 3(4)(a), or the unfreezing of property of

any person or entity which property was frozen in

accordance with the provisions of this Act;

(iv) receive and consider applications from

designated persons or entities for delisting, or unfreezing

of property, where the criteria for designation or freezing

are not met, or are no longer met, and from persons or

entities who have been erroneously or inadvertently

designated, and make recommendations in accordance

with paragraph (iii); and

(v)

authorize access to frozen funds or other

assets which the Board determines to be necessary for

basic expenses, for the payment of reasonable costs and

fees for legal, medical, professional or other essential

services, or for documented extraordinary expenses.

(b) The Board shall, in the exercise of its functions, have the

power to take decisions, make recommendations, grant

authorisations, issue rulings, issue guidance and notices, and refer

to the relevant authorities for action, assistance or information.

(c) The Board shall have such other functions as may be

assigned to it by the Prime Minister, by regulations made under this

Act.

(6) The Board shall at the end of each year, or earlier if so

requested, make a report of its activities to the Prime Minister and

to the Minister responsible for foreign affairs.

The Chairman shall be the Head of the Board and the Deputy

Chairman shall have all the powers and perform all the functions of

the Chairman during his absence or inability to act as Chairman or

while he is on vacation or during any vacancy in the office of

Chairman.

(1) The Board shall meet within one month from its

constitution and as often as may be necessary or expedient

thereafter, but in no case less frequently than twice in each year.

The meetings of the Board shall be called by the Chairman on his

own initiative or at the request of any two of the other members.

(2) The Board shall not act unless a quorum consisting of the

C hai rm an or D epu ty Ch airm an and n ot less th an tw o o th er

members is present.

(3) The meetings of the Board shall be chaired by the Chairman

or, in his absence, by the Deputy Chairman.

(4) The decisions of the Board shall be adopted by a simple

majority of the votes of the members present and voting and in the

event of an equality of votes the member presiding at the meeting

shall have and exercise a second or casting vote.

(5) Any vacancy among the members of the Board, and any

participation therein by a person not entitled so to do, shall not

invalidate the proceedings of the Board.

(6) Subject to the provisions of this Act, the Board may regulate

its own procedure.

(7) The Chairman may, following consultation with Board

members, invite observers on the Board as and when required

provided they have the necessary security clearance.

(8) All acts done by any person acting in good faith as a member

of the Board shall be valid as if he were a member notwithstanding

that some defect in his appointment or qualification be afterwards

discovered.

In cases of emergency, decisions shall be taken by at least

two members of the Board, one of whom shall be the Chairman or

Deputy Chairman.

A person may, in writing, request the Board to give a ruling

on whether an action intended by him falls to be prohibited by any

particular regulation made under the Act, or by any Regulations of

the Council of the European Union, or by any United Nations

Security Council Resolutions and no liability shall attach under any

such regulations or Regulations of the Council of the European

Union or United Nations Security Council Resolutions where a

person has acted in conformity with any such ruling. A ruling in

terms of this article shall be given within such time as may be prescribed

by the Minister.

No liability, criminal or civil, shall attach to any member of

the Board for any action done, or omitted to be done, in good faith

in the discharge or purported discharge of any function as a member

thereof.

The members of the Board shall regard any matter coming to

their knowledge in any request under article 11 as secret and

confidential, and shall not in any report made in accordance with

article 7(6), reveal the names or other identifying particulars known

to them in connection with any such request.

(1) The legal and judicial representation of the Board shall

vest in the Chairman and, in his absence, in the Deputy Chairman

Provided that the Board may appoint any one or more of its

other members or of its officers or employees to appear in the name

and on behalf of the Board in any judicial proceedings and in any

act, contract, instrument or other document whatsoever.

(2) Any document purporting to be an instrument made or issued

by the Board and to be signed by the Chairman or by the Deputy

Chairman on behalf of the Board shall be received in evidence and

shall, until the contrary is proved, be deemed to be an instrument

made or issued by the Board.

(1) Without prejudice to the generality of the provisions of

this Act, the Board shall, in the exercise of its functions under this

Act, co-operate with competent law enforcement authorities, the

Security Service, the Financial Intelligence Analysis Unit, public and

regulatory authorities, Government Ministries, departments, agencies

and entities and regulatory authorities to ensure that regulations

made under this Act, Regulations of the Council of the European

Union and United Nations Security Council Resolutions are

observed.

(2) Without prejudice to the special provisions of any other law

applicable to them, the authorities and entities mentioned in sub-article

(1) shall extend all assistance and co-operation to the Board in the

fulfilment of its functions and responsibilities under this Act, and

w h e r e n e c e s s a r y, i n a c c o r d a n c e w i t h a n y m e m o r a n d u m o f

understanding that the Board may conclude with any of the

aforementioned authorities and entities, taking into account the

domestic and international obligations of the same authorities, entities

and the Board.

(1) Notwithstanding anything contained in any other law, the

Board may, in the exercise of its functions under this Act, request from

any person, physical or legal, and any authority or entity, any

information it deems necessary, relevant and useful for the purpose of

pursuing its functions under this Act.

(2) Notwithstanding anything contained in the Professional

Secrecy Act and any obligation of secrecy or confidentiality under any

other law, any person, physical or legal and any authority or entity

from whom information is demanded by the Board in pursuance of its

functions under this Act, shall communicate without delay the

information requested to the Board, and for the purposes of article 257

of the Criminal Code any such disclosure shall be deemed to be a

disclosure of information to a public authority compelled by law

Provided that nothing in this article and in article 15 shall place or

imply any obligation on the competent law enforcement authorities, the

Security Service and the Financial Intelligence Analysis Unit to

communicate to the Board any information which is deemed to be of a

privileged nature or the communication of which may be in breach of

their domestic or international obligations or otherwise hinder or

prejudice the proper exercise of their functions; and any communication

of information by the said authorities to the Board shall be in accordance

with Memorandum of Understanding that shall be concluded for this

purpose between the Board and the said authorities, taking into account

their domestic and international obligations. When a Memorandum of

Understanding is not in force the Board and the said authorities, shall

exchange information by mutual agreement and in accordance with the

principles of this article

Provided further that nothing in this article and in article 15 shall

imply any obligation on the Attorney General to communicate to the

Board any information which in any way relates to or is connected

with or came into his possession as a result of the exercise by him of

any powers referred to in article 91(3) of the Constitution or any

obligation on any person to communicate to the Board any information

which would in legal proceedings be protected from disclosure by

article 642(1) of the Criminal Code or by article 588(1) of the Code of

Organization and Civil Procedure.

(1) Notwithstanding the provisions of this Act or of any other

law, when regulations are made under article 3(4)(a) or when a United

Nations Security Council Resolution or a Regulation of the Council of

the European Union is published imposing freezing measures on

property of a person or entity designated by the said Resolution or

Regulation or in annexes thereto, such regulations, Resolution or

Regulation shall immediately upon publication be tantamount to a

freezing order having the force of law in Malta.

(2) A freezing order as is mentioned in sub-article (1) shall have the

effect of

(a) attaching, without delay or prior notice, all property due or

pertaining or belonging to the designated person or entity,

or that is wholly or jointly owned or controlled, directly or

indirectly, by the designated person or entity;

(b) attaching, without delay or prior notice, all property

that is derived or generated from property that is

owned or controlled, directly or indirectly, by the

designated persons or entities;

(c)

attaching without delay or prior notice all property of

persons and entities acting on behalf of or at the direction

of the designated person or entity;

(d) prohibiting the transfer, conversion, movement, pledging,

hypothecating or otherwise disposing of any property

under paragraphs (a) to (c);

(e) prohibiting any Maltese citizen or any person or entity

located in Malta from making property, or financial

services or other related services available, directly or

indirectly, wholly or jointly, to or for the benefit of a

designated person or entity; or an entity owned or

controlled, directly or indirectly, by a designated person or

entity; or to any person or entity acting on behalf of, or at

the direction of, a designated person or entity, unless

licensed, authorised or notified in accordance with the

relevant United Nations Security Council Resolution or

Regulation of the Council of the European Union or order

issued under article 3(4)(a).

(3) Such order shall become operative and binding on all third

parties immediately upon the publication of the regulations, Resolution

or Regulation mentioned in sub-article (1), and shall remain in force

(a) in the case of an order made by regulations under article

3(4)(a), until it is revoked according to the provisions of

article 3(4)(a)(vi); and

(b) in the case of a Regulation of the Council of the European

Union or a United Nations Security Council Resolution,

until the delisting of the designated person or entity is

made by the United Nations Security Council or by the

Council of the European Union, as the case may be.

(4) Where any money is or becomes due to a designated person or

entity from any person while a freezing order under this article is in

force, such money shall, unless otherwise directed in that order, be

deposited in a bank to the credit of the designated person or entity.

(5) When such order ceases to be in force as provided in sub-

article (3)(b), a note of cancellation of the registration of that order

shall be entered in the Public Registry.

(6) Any legal or natural person conducting a relevant activity or

relevant financial business as defined in the Prevention of Money

Laundering and Funding of Terrorism Regulations shall be required

to

(a) regularly check the list of designations by the United

Nations, the European Union, and the Board, and to screen

their client databases against those lists on a regular basis

and immediately after a change to any of these lists occurs;

(b) have in place and effectively implement internal controls

and procedures to ensure compliance with the obligations

arising from this Act and any relevant United Nations or

European Union Resolutions or regulations; and

(c) immediately notify the Board in case targeted property is

identified, and of the actions taken in relation to such

property in compliance with the requirements under this

Act, including in relation to any attempted transactions.

(7) Any legal or natural person conducting a relevant activity or

relevant financial business as defined in the Prevention of Money

L a u nd e r in g a n d F u n d in g of Te r r o r i s m Re gu l a t i o ns shall be

prohibited from informing the customer or any third party in advance

that a freezing measure pursuant to this Act is to be applied.

An appeal from an order issued under article 3(4)(a), can be

lodged through an application in the First Hall Civil Court.

(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.