NATIONAL INTEREST (ENABLING POWERS) ACT

CHAPTER 653

NATIONAL INTEREST (ENABLING POWERS) ACT

AN 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.

14th November, 2025

ACT XXXV of 2025.

(1)

The short title of this Act is the National Interest

(Enabling Powers) Act.

(2)

The scope of this Act is to regulate the implementation of

restrictive measures, including but not limited to domestic restrictive

measures, United Nations Security Council Resolutions and European

Union restrictive measures, and to implement the requisites and, or

transpose

(a)

Directive (EU) 2024/1226 of the European

Parliament and of the Council of 24 April 2024 on the

definition of criminal offences and penalties for the violation of

Union restrictive measures and amending Directive (EU) 2018/

1673;

(b)

Regulation (EU) 2024/886 of the European

Parliament and of the Council of 13 March 2024 amending

Regulations (EU) No. 260/2012 and (EU) 2021/1230 and

Directives 98/26/EC and (EU) 2015/2366 as regards instant

credit transfers in euro; and

(c)

Regulation (EU) 2023/1113 of the European

Parliament and of the Council of 31 May 2023 on information

accompanying transfers of funds and certain crypto-assets and

amending Directive (EU) 2015/849 (recast).

In this Act, unless the context otherwise requires

"Board" means the Sanctions Monitoring Board

established in article 15;

"Charter" means the Charter of the United Nations

signed in San Francisco on the 26th June 1945;

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

established by the Treaty;

"designated person, entity or body" means a natural or

legal person, entity or body subject to European Union or

domestic restrictive measures or restrictive measures resulting

NATIONAL INTEREST (ENABLING POWERS)

from a United Nations Security Council Resolution;

"domestic restrictive measures"

means

restrictive

measures adopted by order in article 4;

"economic resources" means assets of every kind,

whether tangible or intangible, movable or immovable, which

are not funds but may be used to obtain funds, goods or

services;

"European Union" means the European Union as

referred to in the Treaty;

"European Union restrictive measures" means restrictive

measures adopted by the European Union on the basis of

Article 29 of the Treaty of the European Union or Article 215 of

the Treaty of Functioning of the European Union;

"freezing of funds" means preventing the move, transfer,

alteration, disposing or use of or access to funds, or dealing

with funds in any way that would result in any change in their

volume, amount, location, ownership, possession, character,

designation or in a change that would enable the funds to be

used, including portfolio management;

"freezing of economic resources" means preventing the

use of economic resources to obtain funds, goods or services in

any way, including but not limited to, by selling, hiring,

disposing or mortgaging them;

"funds" means financial assets and benefits of every

kind, including but not limited to

(a)

cash, cheques, claims on money, drafts,

money orders and other payment instruments;

(b)

deposits with financial institutions or other

entities, balances on accounts, debts and debt

obligations;

(c)

publicly-traded

and

privately-traded

securities and debt instruments, including stocks and

shares, certificates representing securities, bonds, notes,

warrants, debentures and derivatives contracts;

(d)

interest, dividends or other income on or

value accruing from or generated by assets;

(e)

credit, right of set-off, guarantees,

performance bonds or other financial commitments;

(f)

letter of credit, bills of lading, bills of sale;

(g)

documents showing evidence of an interest

in funds or financial resources;

(h)

crypto assets as defined in Article 3(1),

point (5) of Regulation (EU) 2023/1114 of the European

Parliament and of the Council of 31 May 2023 on

markets in crypto-assets, and amending Regulations

(EU) No. 1093/2010 and (EU) No. 1095/2010 and

Directives 2013/36/EU and (EU) 2019/1937;

"instant credit transfer" means a credit transfer in euro

which is executed immediately, twenty-four (24) hours a day

and on any calendar day;

"international treaty" includes any bilateral or regional

treaty;

"legal person" means any entity, including but not

limited to, a body or association of persons, whether corporate

or incorporate registered in Malta;

"Minister" means the Minister responsible for foreign

affairs;

"parent company" shall have the same meaning as

assigned to it in the Companies Act;

"payment account" shall have the same meaning as

assigned to it in the Financial Institutions Act;

"payment service provider" shall have the same meaning

as assigned to it in the Financial Institutions Act;

"payment service user" shall have the same meaning as

assigned to it in the Financial Institution Act;

"person, entity or body" means a natural or legal person,

entity or body registered in Malta;

"proliferation financing" means the act of providing

funds or financial services which are used, in whole or in part,

for the manufacture, acquisition, possession, development,

export, transhipment, brokering, transport, transfer, stockpiling,

or the use of nuclear, chemical or biological weapons and their

means of delivery and related materials including both

technologies and dual use goods used for non-legitimate

purposes in contravention of national laws, or where applicable,

international obligations;

"Regulation (EU) 2016/679" means the Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to

NATIONAL INTEREST (ENABLING POWERS)

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data

Protection Regulation);

"Security Council" means the Security

Council

established under Chapter V of the Charter;

"Treaty" shall have the same meaning as assigned to it in

article 2 of the European Union Act;

"Tribunal" means the Sanctions Implementation Appeals

Tribunal established by article 20 which shall have the

functions and powers assigned to it by this 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

restrictive measures 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)

This Act shall apply to legal persons, entities and

bodies registered in Malta, natural 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 by means of regulations

determine.

(2)

Legal persons, entities or bodies as referred to in sub-article

(1) having branches or majority-owned subsidiaries established in

third countries where restrictive measures are not aligned with this Act

shall ensure that those branches or majority-owned subsidiaries

implement the provisions of this Act in so for as that third country

legislation permits the implementation of such provisions

Provided where legal persons, entities or bodies have

branches or majority-owned subsidiaries established in third countries,

and the legislation of such third countries does not permit the

implementation of the restrictive measures established under this Act,

legal persons, entities or bodies shall ensure that those branches and

majority-owned subsidiaries apply additional measures to effectively

handle the risk of violations of restrictive measures and the

circumvention of any restrictive measures.

(1)

Whenever the Security Council, acting in accordance

with Article 41 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, provided that they are

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 advises, recommends, directs or orders

Member States of the United Nations to take such action as may be

advised, recommended, directed or ordered by such entity or

competent authority, the Minister may, subject to the provisions of

sub-article (4), make regulations as he may deem necessary or

expedient for the implementation of such measures or action.

(2)

Whenever the House 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), make regulations as he may deem

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

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 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, impose a trade embargo 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

international interests of Malta so require, he shall, on the

recommendation of the Board, issue regulations under this Act to

impose domestic restrictive measures against any person, entity or

body and, orders

(i)

that any person, entity or body immediately

freeze, without prior notice, all funds and, or economic

resources of a designated person, entity or body;

(ii) that any person, entity or body immediately

freeze, without prior notice, all funds and economic resources

that are owned or controlled, whether wholly or jointly, directly

or indirectly, by a designated person, entity or body, or funds

and economic resources that are derived or generated from

other funds or economic resources that are owned or controlled,

directly or indirectly, by a designated person, entity or body,

and funds and economic resources of any person, entity or body

NATIONAL INTEREST (ENABLING POWERS)

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

entity or body;

(iii) that no Maltese citizen or any person, entity or

body located in Malta shall make available any funds,

economic resources or other related services, directly or

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

person, entity or body or a legal person owned or controlled,

directly or indirectly, by a designated person, entity or body, or

a natural person or legal person acting on behalf of, or at the

direction of, a designated person, entity or body unless licensed

or authorised for such purpose;

(iv) the investigation of any matter relating to the

designation of any person, entity or body, the confiscation of

funds and economic resources of any designated person, entity

or body 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 frozen funds and

economic resources of a designated person, entity or body, or of

a person, entity or body which are subject to an investigation

which may lead to the designation of such person, entity or

body; or

(v)

the amendment or revocation of any measure

made under sub-paragraphs (i), (ii), (iii) and (iv) as may be

determined in the regulations

Provided that the Minister shall publish the regulations

within a reasonable time from when the Board has made its

recommendation for the publication of the regulations in the Gazette

Provided further that an appeal from a measure issued under

this sub-article can be filed by means of an application in the First Hall

Civil Court.

(b)

Nothing shall preclude the application of the restrictive

measures referred to in this Act with respect to organizations or

factions in any country or countries or part thereof, as may be

determined in the regulations.

(5)

Regulations made under this Act may also provide for such

measures as may be necessary for the said regulations to be effectively

applied including the cancellation or the suspension of any obligation

arising under any agreement, and without prejudice to the foregoing,

such regulations may provide for the apprehension, trial and

punishment of natural persons breaching such regulations.

(6)

Without prejudice to the provisions of the foregoing sub-

articles, 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, European Union 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

established in the Treaty.

(2)

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

shall apply to European Union restrictive measures referred to in this

Act and to any amendment thereto and any repealing act.

(1)

For the purposes of this Act, United Nations Security

Council Resolutions imposing 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)

It shall be prohibited to conclude transactions and

assume new obligations the performance whereof contradicts the

European Union restrictive measures or restrictive measures adopted

by a United Nations Security Council Resolution or domestic

restrictive measures implemented under this Act.

(2)

It shall be prohibited to perform, until the European Union

restrictive measures or restrictive measures adopted by a United

Nations Security Council Resolution or domestic restrictive measures

are in force, the transactions and obligations the performance whereof

contradicts the Union restrictive measures or restrictive measures

adopted by a United Nations Security Council Resolution or domestic

restrictive measures.

(3)

Transactions entered into and obligations arising prior to the

establishment of the implementation of European Union restrictive

measures or restrictive measures adopted by a United Nations Security

Council Resolution or domestic restrictive measures shall be

NATIONAL INTEREST (ENABLING POWERS)

terminated without delay unilaterally or by agreement between the

parties or their performance must be suspended during the period of

the implementation of the restrictive measures.

(4)

Persons, entities or bodies shall not be subject to civil

liability for non-performance of transactions and obligations due to the

implementation of European Union restrictive measures or restrictive

measures adopted by a United Nations Security Council Resolution or

domestic restrictive measures, or shall be exempted from civil liability

in accordance with the procedure established in the Civil Code.

(5)

The losses incurred by persons, entities or bodies as a result

of lawful actions of the Board in implementing this Act shall not be

compensated.

(1)

Economic

resources,

including

those

in

transshipment, frozen in the implementation of European Union

restrictive measures or restrictive measures adopted by a United

Nations Security Council Resolution or domestic restrictive measures

may be realised in accordance with the procedure established by the

Board, where

(a)

the economic resources are perishable or at risk of

deterioration, decay, damage or depreciation in value;

(b)

the expense of keeping the economic resources is

excessive or disproportionate to its fair market value when one

also takes into consideration the time likely to determine

whether the economic resources shall be subject to forfeiture or

to a confiscation order;

(c)

the economic resources are subject to a loan,

mortgage or any other right over the economic resources or to

taxes due; or

(d)

there is any other valid and justifiable reason for

the sale.

(2)

Where a temporary administrator has been appointed in

accordance with the procedure laid down in article 34, he shall take a

decision on the realisation of economic resources.

(3)

The proceeds of any sale pursuant to this article shall be

held in an account maintained by the Board in the name of the

designated person, entity or body at the Central Bank of Malta and

shall remain in that account until the designation of the person, entity

or body is no longer in effect.

(1)

Where it is intentional, the following breach of a

prohibition of European Union restrictive measures or restrictive

measures adopted by United Nations Security Council Resolution or

domestic restrictive measures shall constitute a criminal offence under

this Act

(a)

making funds or economic resources available

directly or indirectly to, or for the benefit of, a designated

person, entity or body;

(b)

failing to freeze funds or economic resources

belonging to or owned, held or controlled by a designated

person, entity or body;

(c)

enabling designated natural persons to enter into,

or transit through the territory of Malta;

(d)

entering into or continuing transactions with a

third State, bodies of a third State or entities or bodies directly

or indirectly owned or controlled by a third State or by bodies

of a third State, including the award or continued execution of

public or concession contracts;

(e)

trading, importing, exporting, selling, purchasing,

transferring, transiting or transporting goods, as well as

providing brokering services, technical assistance or other

services relating to those goods

Provided this shall constitute an offence, even if

committed with gross negligence;

(f)

providing

financial

services

or

performing

financial activities;

(g)

providing services other than those referred to in

paragraph (f);

(h)

circumventing European Union Restrictive

Measures or restrictive measures adopted by United Nations

Security Council Resolutions or domestic restrictive measures

by

(i)

using, transferring to a third party, or

otherwise disposing of, funds or economic resources

directly or indirectly owned, held, or controlled by a

designated person, entity or body, which are to be frozen

pursuant to European Union restrictive measures or

restrictive measures adopted by United Nations Security

Council Resolutions or domestic restrictive measures, in

order to conceal those funds or economic resources;

(ii)

providing false or misleading information

to conceal the fact that a designated person, entity or

body is the ultimate beneficial owner or beneficiary of

funds or economic resources or has control over the said

funds or economic resources which are to be frozen

NATIONAL INTEREST (ENABLING POWERS)

pursuant to European Union restrictive measures or

restrictive measures adopted by United Nations Security

Council Resolutions or domestic restrictive measures;

(iii) failure by a designated natural person, or

by a representative of a designated entity or body, to

comply with an obligation that constitutes European

Union restrictive measures or restrictive measures

adopted by United Nations Security Council Resolutions

or domestic restrictive measures to report to the Board

funds or economic resources within the jurisdiction of

Malta, belonging to, owned, held, or controlled by them;

(iv) failing to comply with an obligation that

constitutes a European Union restrictive measure or a

restrictive measure adopted by United Nations Security

Council resolution or domestic restrictive measures to

provide the Board with information on funds or

economic resources or information held about funds or

economic resources within the territory of Malta,

belonging to, owned, held or controlled by designated

persons, entities or bodies and which have not been

frozen, where such information was obtained in the

performance of a professional duty;

(i)

breaching or failing to fulfil conditions under

authorisations granted by the Board to conduct activities, which

in the absence of such an authorisation amount to a violation of

a prohibition or restriction that constitutes European Union

restrictive measures or restrictive measures adopted by United

Nations Security Council Resolution or domestic restrictive

measures.

(2)

The following conduct does not constitute a criminal

offence and is deemed to be an administrative failure subject to the

procedure established in accordance with article 14

(a)

conduct listed in sub-article (1)(a), (b) and (h)

where that conduct involves funds or economic resources of a

value of less than ten thousand euro (€10,000);

(b)

conduct listed in sub-article (1)(d), (e), (f), (g)

and (i) where that conduct involves goods, services,

transactions or activities of a value of less than ten thousand

euro (€10,000)

Provided that in determining whether the ten

thousand euro (€10,000) threshold is met or otherwise with

regards to the conduct referred to in paragraphs (a), (b), and (d)

to (i) regard shall be had to any series of conduct that is linked

and of the same kind committed by the same offender.

(3)

Nothing in sub-article (1) shall be understood as imposing

an obligation on legal professionals to report information that they

receive from, or obtain on, one of their clients in the course of

ascertaining the legal position of such client or performing the task of

defending or representing that client in, or concerning, judicial

proceedings, including providing advice on instituting or avoiding

such proceedings.

(4)

Nothing in sub-articles (1) and (2) shall be understood as

criminalising humanitarian assistance for persons in need or activities

in support of basic human needs provided in accordance with the

principles of impartiality, humanity, neutrality and independence and,

where applicable, with international humanitarian law.

(1)

Whosoever incites, aids or abets any offence under

article 8 shall be guilty of an offence and shall on conviction be liable

to the punishments established in article 11 for the offence incited,

aided or abetted.

(2)

Whosoever with intent to commit a crime referred to in

article 8(1) shall have manifested such intent by overt acts which are

followed by a commencement of the commission of the crime shall be

liable on conviction

(a)

if the crime was not completed as a result of an

accidental cause independent of the will of the offender, to the

punishment established for the completed crime with a decrease

of one or two degrees;

(b)

if the crime was not completed as a result of the

voluntary determination of the offender not to complete the

crime, to the punishment established for the acts committed.

(1)

Any natural person who acts in violation of article

9(1) shall be guilty of an offence and shall on conviction be liable 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 a term of

imprisonment not exceeding twelve (12) years, or to both such fine

and imprisonment

Provided that

(a)

for a breach of article 9(1)(h)(iii) and (iv) where

those criminal offences involve funds or economic resources of

a value of at least one hundred thousand euro (€100,000) on the

date when the offence was committed, the term of

imprisonment shall be that from twelve (12) months to twelve

(12) years;

(b)

for a breach of article 9(1)(a), (b), (h)(i) and (ii)

where those criminal offences involve funds or economic

NATIONAL INTEREST (ENABLING POWERS)

resources of a value of at least one hundred thousand euro

(€100,000) on the date when the offence was committed, the

term of imprisonment shall be that from five (5) years to twelve

(12) years;

(c)

for a breach of article 9(1)(c), the term of

imprisonment shall be that from three (3) years to twelve (12)

years;

(d)

for a breach of article 9(1)(d), (e), (f), (g), and (i)

where those criminal offences involve goods, services,

transactions or activities of a value of at least one hundred

thousand euro (€100,000) on the date the offence was

committed, the term of imprisonment shall be that from five (5)

years to twelve (12) years;

(e)

for a breach of article 8(1)(e), irrespective of the

value of the items involved, the term of imprisonment shall be

from five (5) years to twelve (12) years

Provided further that the threshold of one hundred

thousand euro (€100,000) or more may be met through a series

of offences covered by article 9(1)(a), (b), (d), (e), (f), (g), (h)

and (i) that are linked and of the same kind, where those

offences are committed by the same offender.

(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 legal person, entity or body shall be liable

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

(a)

one percent (1%) of the total worldwide turnover

of the legal person, entity or body either in the business year

preceding that in which the offence was committed, or in the

business year preceding the decision to impose the fine in

relation to a criminal offence referred to in article 9(1)(h)(iii)

and (iv);

(b)

five percent (5%) of the total worldwide turnover

of the legal person, entity or body either in the business year

preceding that in which the offence was committed, or in the

business year preceding the decision to impose the fine in

relation to a criminal offence referred to in article 9(1)(a), (b),

(c), (d), (e), (f), (g), (h)(iii) and (iv), and (i)

Provided that where it is not possible to determine the

amount of the fine (multa) on the basis of the total worldwide turnover

of the legal person, entity or body in the business year preceding that

in which the offence was committed, or in the business year preceding

the decision to impose the fine, the punishment to which the legal

person, entity or body shall be liable is 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 legal person shall also be held liable for an offence

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

person or legal person referred to in article 121D of the Criminal Code

has made possible the commission of the offence for the benefit of the

legal person, which shall upon conviction be liable to the punishment

established 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 legal person 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 withdrawal of permits and authorisations to

pursue activities which have resulted in committing the offence;

(c)

the temporary or permanent closure of any

establishment which may have been used for the commission of

the offence;

(d)

the compulsory judicial winding up of the legal

person;

(e)

exclusion from entitlement to public benefits or

aid;

(f)

exclusion from access to public

funding,

including tender procedures, grants and concessions;

(g)

disqualification from the practice of business

activities;

(h)

placing of the legal person under judicial

supervision by appointing a temporary administrator.

(5)

Where an offence against the provisions of this Act is

committed by a legal person, every natural person who, at the time of

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

legal representative, temporary administrator or other similar officer or

persons exercising control over such legal person, shall be guilty of an

offence unless he proves that the offence was committed without his

knowledge and that he exercised adequate due diligence to prevent the

commission of the offence.

(6)

Natural persons referred to in sub-article (5) shall be liable

NATIONAL INTEREST (ENABLING POWERS)

to the punishment stipulated in article 11(1).

(7)

The punishment prescribed for any of the crimes referred to

in article 9, shall be increased by one to two degrees if any one or more

of the following circumstances results

(a)

the offence was committed in the framework of a

criminal organisation as defined in Council Framework

Decision 2008/841/JHA;

(b)

the offence involved the use by the offender of

false or forged documents;

(c)

the offence was committed by a professional

service provider in violation of the professional obligations of

such professional service provider;

(d)

the offence was committed by a public official

when performing his or her duties or by another person

performing a public function;

(e)

the offence generated or was expected to generate

substantial financial benefits, or avoided substantial expenses,

directly or indirectly, to the extent that such benefits or

expenses can be determined;

(f)

the offender destroyed evidence or intimidated

witnesses or complainants;

(g)

the natural or legal person had previously been

convicted by a final judgment of offences covered by articles 9

and 10.

(8)

The punishment awarded under this article may be reduced

by up to two degrees if the offender

(a)

provides the Malta Police with information they

would otherwise not have been able to obtain, helping them to

identify or bring to justice the other offenders;

(b)

provides the Malta Police with information they

would otherwise not have been able to obtain, helping them to

find evidence.

(9)

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 natural person convicted of an offence under this Act.

(10) 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 rise to the offence

took place in Malta;

(b)

the offender is a Maltese national or habitual

resident in Malta or the offence was committed for the benefit

of a legal person registered in Malta;

(c)

the gain or benefit from the commission of the

offence was received in Malta; or

(d)

a person in Malta knowingly incites, aids, or abets

another person to commit the offence.

(11) Notwithstanding any other provision in any other law,

where an offence under this Act and, or regulations made thereunder

has been committed in whole or in part by a legal person, entity or

body corporate, the prosecution shall not prove that the offence was

committed in whole or in part, for the benefit of that legal person,

entity or body corporate.

(1)

(a)

Notwithstanding any other provision of this

Act or any other law, where the Board is satisfied that there has been a

breach of any provision of this Act and, or any regulations made

thereunder, by any person, entity or body corporate which breach shall

constitute a criminal offence and in the event that

(i)

after having regard to the particular

circumstances, it is appropriate to impose an administrative

penalty in accordance with this article; and

(ii) where the particular person, entity or body

corporate has not previously been convicted of any breach of

this Act and, or any regulations made thereunder, or which has

not previously made use of this provision under this article or of

the provisions of article 13 in the last five (5) years.

(b)

As an alternative to criminal proceedings, the Board may,

after a written request is made to him by the person, entity or body,

hereinafter referred to as "person concerned", enter into an agreement

with the person concerned, who has committed an offence against this

Act and, or any regulation made thereunder, and upon the conclusion

of an agreement made in accordance with this article between the

Board and the person concerned to provide for the payment of an

administrative penalty in addition to any sanction or measure, or the

combination of other sanctions and measures which the Board deems

appropriate in the circumstances of the case, the criminal liability of

the person concerned for any breach against this Act and for any

breach connected with the acts in connection with the agreement

entered into, shall be extinguished when the terms of the agreement are

fulfilled in their entirety by the person concerned

NATIONAL INTEREST (ENABLING POWERS)

Provided that the administrative penalty which such person

concerned shall be liable to pay in respect of such breach shall not

exceed half of the maximum administrative penalty which the person

concerned would have been liable for had he been convicted of an

offence against this Act and, or any regulations made thereunder

Provided further that the person concerned shall make a

request in writing to the Board for the agreement to be made.

Following such a request by the person concerned, the Board shall

within one (1) month of being notified by registered post of the

request, inform the person concerned of the outcome of such request

and in case the Board accedes to such request, it shall also notify the

person concerned with the draft agreement

Provided further the mentioned period of one month (1) may

be extended once, unilaterally by the Board for a period of one (1)

month, where the Board shall inform the person concerned of its

decision while explaining in detail the reason on the basis of which

this extension is made. The notification for the extension shall be

made by registered mail in the first twenty (20) days from the day that

the Board has been notified through the request of the person

concerned according to sub-article (1).

(2)

The notice in accordance with sub-article (1) shall specify

(a)

the date and nature of the alleged breach;

(b)

a summary of the facts on which the allegation of

a breach is based

Provided that the summary shall be sufficiently

detailed so as to fully and fairly inform the person of the

allegation against him;

(c)

any other matter, not consisting of previous

convictions, which the Board deems relevant in the imposition

of any administrative penalty and, or sanction or measure, or

the combination of sanctions and measures which the Board

deems appropriate;

(d)

a draft agreement under this article which shall

include

(i)

details of the breaches which shall include

inter alia admissions made by the person concerned;

(ii)

an obligation on the person concerned to

pay the administrative penalty due and, if applicable,

any sanction or measure, or the combination of sanctions

and other measures, which the Board deems appropriate

in the circumstances of the case;

(iii) the period allowed for the payment of the

administrative penalty and, where applicable, the

execution of the sanction or measure, or the combination

of sanctions and measures; and

(iv) consequences of any failure to comply

with any terms of the agreement

Provided that this notice as well as the draft agreement shall

be notified to the person concerned by registered post, and in case the

person concerned is an entity or body corporate, they shall be

delivered to the natural person who is a director, manager, secretary or

person vested with the representation of the said entity or body

corporate

Provided further that the amount resulting from this

agreement shall constitute an executive title within the meaning of and

for the purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

(3)

The agreement shall be signed within one (1) month from

the date on which the person concerned was duly notified

Provided that the said period of one (1) month may be

extended by the Board for a further period of one (1) month upon

request in writing by the person concerned, where he shall explain in

detail the reason on the basis of which the said extension is being

requested. This request shall be made by registered mail in the first

twenty (20) days from when the draft agreement was notified to the

person concerned. The Board shall, within five (5) working days,

inform the person concerned of its decision, and in the event that this

request is rejected there shall also be the reasons for this decision.

(4)

(a)

The prescription period in respect of any breach of

this Act and, as the case may be, related breaches shall be suspended

and no prosecution shall be instituted in respect of the breach and, as

the case may be, related breaches at the time when such periods are

running.

(b)

This suspension shall apply from the day the Board receives

a written request from the person concerned in accordance with sub-

article (1), and in the event that the Board accedes to the request this

suspension shall continue to apply until the expiry of the period

referred to in sub-article (3) and, in the event that the period is

renewed, such suspension shall remain in force during the extended

period

Provided that in the event that the person concerned signs

the agreement in terms of this article, the suspension of prescription

shall continue throughout the period indicated in the agreement in

accordance with sub-article (2)(d)(iii).

NATIONAL INTEREST (ENABLING POWERS)

(5)

The Board shall report to the Executive Police any breach of

the agreement by the person concerned.

(6)

Notwithstanding any other provision of this Act or of any

other law, where the administrative penalty and, as the case may be,

the sanction or measure, or the combination of sanctions and measures

are committed by the person concerned within the period indicated in

the said agreement in their entirety, no further charges may be made in

respect of the said breach against the said person, entity or body

corporate.

(7)

An agreement concluded in accordance with this Act shall

constitute proof against the person concerned that he has entered into

such agreement and for any reason he has not honoured such

agreement, including the admission made in the agreement in terms of

sub-article (2)(d)(i).

(8)

In this article

"Board" means the Sanctions Monitoring Board as

constituted in accordance with article 15, with the exclusion of

the Attorney General and the Executive Police;

"breach" means any act or acts constituting a criminal

offence;

"connected breach" means any act which constitutes a

criminal offence and which has been committed with the

purpose of committing or facilitating a breach against this Act.

(1)

(a)

Subject to any other civil liability, where a

person, entity or body corporate, hereinafter referred to as the

"accused", is being charged before the Court with an offence and, or

offences under this Act, he may request the Board to enter into an out-

of-court settlement.

(b)

The Board may enter into an agreement in accordance with

this article only where it is satisfied that

(i)

an offence against this Act and, or a related

offence was committed by the accused; and

(ii)

taking into account all the circumstances of the

case, the offences committed, the previous conduct and the

stage reached in the case; and

(iii) the case concerns an accused who has not

previously been convicted for any breach of this Act or who has

not previously made use of this provision under this article or of

the provision under article 12 in the last five (5) years,

as an alternative to a criminal judgment, the Board may, following

a written request from the accused, reach an out-of-court agreement

with the said accused.

(2)

(a)

The provisions of this article shall only apply after

the accused makes a written request to the Board, for the purpose of

applying for the mechanism under this article.

(b)

After the Board has received such a request from the

accused, the Board shall within one (1) month of being notified of the

request, inform the accused of the outcome of such request and, in case

the Board accedes to such request, it shall also notify by registered

mail the person concerned by means of the notice including the draft

agreement

Provided the said period of one (1) month may be extended

once, unilaterally by the Board for a period of one (1) month, where

the Board shall inform both the person concerned and the Court before

which the case is, of its decision while explaining in detail the reason

on the basis of which this extension is made. The notification for the

extension shall be made in the case of the accused by registered mail,

and in the case of the Court by means of a note, in the first twenty (20)

days from the day that the Board has been notified through the request

of the person concerned in accordance with sub-article (1).

(3)

(a)

The notice in accordance with sub-article (3) shall

specify

(i)

the date and nature of the alleged breach;

(ii) a summary of the facts on which the allegation

that a breach has been committed is based;

(iii) any other matter, not consisting of previous

convictions, which the Board deems relevant in the imposition

of any administrative penalty and, or sanction or measure, or

the combination of sanctions and measures which the Board

deems appropriate.

(b)

The draft of the agreement pursuant to this article shall

include

(i)

details of the breach which shall include inter alia

admissions made by the person concerned;

(ii) an obligation on the person concerned to pay the

administrative penalty due and, if applicable, any sanction or

measure, or the combination of other sanctions and measures,

which the Board deems appropriate in the circumstances of the

case;

(iii) the period allowed for payment of the

administrative penalty and, if applicable, of the execution of the

NATIONAL INTEREST (ENABLING POWERS)

sanction or measure, or the combination of sanctions and

measures;

(iv) the consequences of any failure to comply with

any terms of the agreement

Provided that the administrative penalty which such person

concerned shall be liable to pay in respect of such breach shall not

exceed seven tenths the maximum punishment which the accused

would have been liable had he been found guilty of an offence against

this Act and, or regulations made thereunder

Provided further that the amount resulting from this

agreement shall constitute an executive title within the meaning of and

for the purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure

Provided further that in the event that the notice and, or

draft agreement does not contain any of the requirements mentioned in

accordance with this sub-article, this shall not render that agreement

null and void.

(4)

The agreement duly notified to the person concerned shall

be signed within one (1) month from the date on which the accused

was duly notified by registered post

Provided that the said period of one (1) month may be

extended by the Board, for one further period of one (1) month, upon

request in writing by the accused, where he shall explain in detail the

reason on the basis of which the one-off extension is being requested.

This request shall be made by registered mail in the first twenty (20)

days from when the draft agreement was notified to the accused. The

Board shall, within five (5) working days, inform the accused of its

decision and, in the event that this request is rejected, there shall also

be the reasons for this decision.

(5)

(a)

In the case that the Board reaches a written

agreement with the accused

(i)

the accused shall inform the Court that an

agreement has been reached; and

(ii)

the Court shall hear a representative of the Board

with a view to submitting the agreement reached.

(b)

After the agreement has been submitted to the Court, the

periods referred to in articles 401, 407 and 432(2) of the Criminal

Code shall be suspended until the conditions in the agreement have

been fulfilled and the case shall be sent sine die and shall be

reappointed only after the Board informs the Court by means of a note

of the outcome of the agreement

(6)

In the event that the conditions listed in the agreement are

fulfilled in their entirety, the Court shall declare the criminal action on

such charges extinguished, but in the event that the conditions listed in

the agreement have not been fulfilled within the period stipulated in

the said agreement, the Court shall proceed to hear the case against the

accused

Provided that where the number of accused in the criminal

proceedings is two (2) or more, the provisions of this article shall

apply only in respect of one (1) or more of those who have reached an

agreement under this article and register an admission, and the

proceedings in respect of one (1) or more of those who have not

reached an agreement, the Court shall at the request of the prosecution

order the separation of the acts, which shall be dealt with separately.

(7)

Without prejudice to the provisions of this Act, the request

under this article of the accused to the Board may not be made when

the proceedings have reached the Court of Criminal Appeal.

(8)

The agreement concluded under this Act shall constitute

proof against the person concerned who has entered into such

agreement and if for any reason he has not honoured such agreement,

including the admission made under this article and the prosecution

can use such agreement against the person in question.

(9)

In this article

"Act" includes this Act as well as any subsidiary law

made under this Act;

"Board" means the Sanctions Monitoring Board, with

the exclusion of the Attorney General and the Commissioner of

Police;

"breach" means any act constituting a criminal offence;

"connected breach" means any act which constitutes a

criminal offence and which has been committed with the

purpose of committing or facilitating a breach against this Act;

"person" means both a natural person and a legal person.

(1)

Administrative penalties for breaches of article 9(2)

shall be imposed by the Board and shall be as follows

(a)

for a natural person, the administrative penalty

shall be fifteen per cent (15%) of the value of the funds,

economic resources, goods, services, transactions or activities

in breach of the restrictive measures;

(b)

for a legal person, the administrative penalty shall

be thirty-five per cent (35%) of the value of the funds,

NATIONAL INTEREST (ENABLING POWERS)

economic resources, goods, services, transactions or activities

in breach of the restrictive measures.

(2)

Where the offence is committed by a legal person, every

natural person who, at the time of the commission of the offence, was

a director, manager, secretary, legal representative, temporary

administrator or other similar officer or persons exercising control

over such legal person, shall be guilty of an offence unless he proves

that the offence was committed without his knowledge and that he

exercised adequate due diligence to prevent the commission of the

offence.

(3)

The administrative penalty in relation to sub-article (2) shall

be that referred to in sub-article (1)(a).

(1)

There shall be a board to be known as the "Sanctions

Monitoring Board".

(2)

The Board shall be composed of the following members

(a)

a representative of the Ministry responsible for

foreign affairs who shall be the Chairperson;

(b)

the Attorney General or his representative;

(c)

the State Advocate or his representative;

(d)

the Commissioner of Police or his representative;

(e)

a representative of the Office of the Prime

Minister;

(f)

a representative of the Financial Intelligence

Analysis Unit;

(g)

a representative of the Malta Security Service;

(h)

a representative of the Ministry responsible for

home affairs;

(i)

a representative of the Ministry responsible for

defence;

(j)

a representative of the Ministry responsible for

finance;

(k)

a representative of the Ministry responsible for

the economy;

(l)

a representative of the Commerce Department;

(m) a representative of the Malta Tax and Customs

Administration;

(n)

a representative of the Central Bank of Malta;

(o)

a representative of the Malta Financial Services

Authority;

(p)

a representative of the Ministry responsible for

maritime affairs;

(q)

a representative of the Ministry responsible for

aviation matters;

(r)

a representative of the Ministry responsible for

lands;

(s)

a representative of the Ministry responsible for

the public registry;

(t)

a representative of the Ministry responsible for

immigration, citizenship and residency matters;

(u)

the Registrar of Companies and Registrar for

Legal Persons or his representative;

(v)

a representative of the Office

of

the

Commissioner for Voluntary Organisations; and

(w)

a representative of the Malta Gaming Authority.

(3)

There shall be a Secretary to the Board appointed from

among officers of the Ministry responsible for foreign affairs, on the

advice of the Chairperson. The Secretary shall be responsible for

recording the minutes of all Board meetings.

(4)

In its day-to-day functions, the Board shall be assisted by a

designated Directorate within the Ministry responsible for foreign

affairs. The Directorate shall act on the direction of the Board and its

officers may be delegated by the Board to act on its behalf and in its

name to carry out anything that may be necessary to ensure the proper

exercise of any functions, powers or obligations entrusted or imposed

on the Board, including exercising any rights to access registers,

databases or other compilation of records vested or otherwise

entrusted to the Board and carry out searches within the same.

(5)

(a)

The functions of the Board include

(i)

monitor the implementation of restrictive

measures imposed by regulations made under this Act,

European Union restrictive measures, restrictive measures

adopted by United Nations Security Council Resolutions and

domestic restrictive measures;

(ii)

propose persons, entities or bodies to be

NATIONAL INTEREST (ENABLING POWERS)

designated by the United Nations Security Council, or by the

Council of the European Union or domestic restrictive

measures;

(iii) propose the delisting of any designated person,

entity or body, by the United Nations Security Council or by the

Council of the European Union or domestic restrictive

measures, or the unfreezing of funds or economic resources of

any natural person or legal person which funds or economic

resources were frozen in accordance with the provisions of this

Act;

(iv) receive and consider applications from designated

persons, entities or bodies for de-listing, or unfreezing of funds

or economic resources, where the criteria for designation or

freezing are not satisfied, or are no longer satisfied, and from

persons, entities or bodies who have been erroneously or

inadvertently designated, and make recommendations in

accordance with sub-paragraph (iii);

(v)

authorise access to frozen funds, economic

resources 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;

(vi) ensuring coordination and cooperation between

law enforcement authorities and authorities in charge of

implementation;

(vii) ensure common priorities and understanding of

the relationship between criminal and administrative

enforcement;

(viii) exchange information for strategic purposes,

within the limits established in applicable Union and national

law;

(ix) consult in individual investigations, within the

limits set out in the applicable Union and national law;

(x)

monitor and enforce the obligations referred to in

articles 32 and 33;

(xi) have the authority to appoint

temporary

administrators in accordance with article 34;

(b)

the Board shall, in the exercise of its functions, have the

power to take decisions, make recommendations, grant or deny

authorisations, issue rulings, declarations and notices, monitor and

evaluate compliance with restrictive measures, impose administrative

penalties, conduct inspections, including on-site and off-site

examinations in accordance with the internal policies and procedures

of the Board, and refer to the relevant authorities for action, assistance

or information;

(c)

the Board may issue procedures and guidance as may be

required for the carrying into effect of the provisions of this Act, and

which shall be binding on all persons to whom they are addressed;

(d)

the Board may, whenever it deems necessary, engage one or

more persons, whom it considers to be in possession of suitable

expertise or may provide legal counsel, to assist it in carrying out of

specific tasks requiring such expertise and for this purpose, the Board

may impose such conditions as it considers necessary;

(e)

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.

In the Chairperson’s absence or inability to act as such, the

Minister shall appoint a substitute from amongst the members of the

Board.

(1)

The meetings of the Board shall be called by the

Chairperson on his own initiative or at the request of any two (2) of the

other members and shall meet as often as may be necessary or

expedient, but in no case less frequently than twice (2) in each year.

(2)

The Board shall not act unless a quorum consisting of the

Chairperson or his substitute in accordance with article 16 and not less

than two (2) other members are present.

(3)

The meetings of the Board shall be chaired by the

Chairperson or in his absence by his substitute appointed in

accordance to article 16.

(4)

Senior officials from the Directorate referred to in article

15(4) shall be present at the meetings to assist the Board members as

necessary.

(5)

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 Chairperson shall have and exercise

the casting vote.

(6)

Any vacancy among the members of the Board and any

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

invalidate the proceedings of the Board.

NATIONAL INTEREST (ENABLING POWERS)

(7)

Subject to the provisions of this Act, the Board may regulate

its own procedure.

(8)

The Chairperson may, following consultation with Board

members, invite observers on the Board as and when required

provided they have the necessary security clearance.

(9)

All acts done by any person acting in good faith as a

member of the Board shall be valid as if he were an eligible 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 (2) members of the Board, one of whom shall be the Chairperson

or his substitute appointed in accordance with article 16.

(1)

A person, entity or body may request in writing the

Board to give a ruling on whether a proposed immediate action

intended by him is prohibited by any particular domestic restrictive

measures or any regulations made under this Act, or by any European

Union restrictive measures, or restrictive measures adopted by United

Nations Security Council Resolutions or domestic restrictive

measures. No liability shall result from any such regulations or

European Union restrictive measures or restrictive measures adopted

by United Nations Security Council Resolutions where a person, entity

or body has acted in conformity with any such ruling.

(2)

The Board may refuse to give a ruling on any matter not

within the parameters of article 3.

(3)

The Board reserves the right not to reply taking into account

considerations related to the national interest.

(4)

If the applicant considers that the Board’s ruling, decisions

or denial for an authorisation are a result of an error of fact, the

applicant may request the Board to reconsider its ruling or denial, as

the case may be.

(5)

A request for reconsideration shall be made within five (5)

working days from the notification of the ruling, decisions or denial

for an authorisation of the Board and may not be made concurrently

with an appeal. The request for reconsideration shall include a written

document containing the reasons for such a request. This is without

prejudice to the right of appeal before the Sanctions Implementation

Appeals Board.

(6)

An appeal from the reconsideration issued under sub-article

(1), may be filed by means of an application before the Sanctions

Implementation Appeals Tribunal by the person, entity or body who

had requested the Board to reconsider its decision and who feels

aggrieved by the Board’s decision in relation to the said request.

(1)

The Tribunal shall be composed of a Chairperson and

two (2) other members appointed by the Minister.

(2)

The Chairperson of the Tribunal shall be an advocate with a

minimum of seven (7) years legal experience and shall have the

qualifications, experience and skills, in particular in the field of

restrictive measures required to fulfil his role.

(3)

The other two (2) members referred to in sub-article (1)

shall be persons who are well versed in the subject-matter and who

have the qualifications, experience and skills, in particular in the field

of restrictive measures, required to fulfil their roles.

(4)

The Chairperson and other members of the Tribunal shall

hold office for a period of three (3) years and shall be eligible for re-

appointment for another term.

(5)

A member of the Tribunal shall be disqualified from hearing

an appeal in such circumstances as would disqualify a judge in

accordance with Sub-Title II of Title II of Book Third of the Code of

Organization and Civil Procedure and in any case the member shall be

substituted by another person appointed by the Minister.

(6)

A member of the Tribunal may be removed from office by

the Minister, on grounds of gross negligence, conflict of interest,

incompetence or acts or omissions unbecoming a member of the

Tribunal, proven misbehaviour or proven inability to perform the

functions of his office, whether arising from infirmity of body or mind

or any other cause.

(7)

The Minister shall also designate a person to serve as

Secretary to the Tribunal.

(8)

An applicant aggrieved by any ruling, including those

decisions taken in accordance with article 35 or denial for authorisation,

may file an appeal against such a ruling, including those decisions taken

in accordance with article 35 or denial for authorisation, and the

Tribunal shall have jurisdiction to hear and determine such appeals.

(1)

There shall be a Registry of the Tribunal and all

records shall be filed therein.

(2)

The Secretary of the Tribunal shall be responsible for

managing the Registry. The Secretary shall also perform any other

duty which may be assigned to him under this Act or any regulations

made thereunder.

(1)

An appeal as referred to in article 19(6) shall be filed

in the Registry of the Tribunal within twenty (20) working days from

service of the decision taken by the Board on the person, entity or

body who had requested the Board to reconsider its decision.

NATIONAL INTEREST (ENABLING POWERS)

(2)

An appeal to the Tribunal may be filed on the following

grounds

(a)

a material error as to the facts has been made;

(b)

there was a material procedural error;

(c)

an error of law has been made; and

(d)

there was some material illegality, including

unreasonableness or lack of proportionality.

(3)

An appeal application shall be filed in the Registry of the

Tribunal and shall contain

(a)

the grounds on which such appeal is based;

(b)

the names of the witnesses the appellant intends

to produce in evidence, together with their full address, stating

in respect of each of them the facts and proof he intends to

establish by their evidence;

(c)

any other documents as may be necessary in

support of the appeal.

(4)

The Registry of the Tribunal shall, not later than ten (10)

working days from the date of filing of the appeal, serve a copy of the

appeal on the Board and request the Chairperson of the Board to file a

reply, together with any other information on which such decision was

based and which the Board considers relevant to the case, within

twenty (20) working days from the date when the appeal application

was served.

(5)

Upon the expiry of the time-limits for filing the Board’s

statement, the Tribunal shall appoint a date and time for the hearing.

The Tribunal shall notify such date and time to the appellant and to the

Chairperson of the Board.

(6)

The parties to the appeal may be represented or assisted by

their advocates or legal procurators, or by any person who enjoys their

trust

Provided that no person shall claim fees for representing or

assisting a party before the Tribunal unless such assistance is provided

by an advocate or legal procurator.

(1)

The Tribunal shall be competent to hear and decide

any appeal made to it in accordance with the provisions of this Act.

(2)

The Tribunal may summon any person to appear before it to

give evidence and produce documents. The Tribunal may also appoint

experts to advise it on any technical issue that may be relevant to its

decision. On the day appointed by the Tribunal for the hearing of the

appeal, it shall hear under oath, the evidence of the appellant and of the

Board, as well as of other witnesses. The Secretary of the Tribunal

shall issue the necessary summons for any person involved in the

hearing of the appeal.

(3)

The Tribunal shall hold its sittings in public unless having

regard to the nature of the appeal or any other matter before it, it

deems it proper to conduct the proceedings or part thereof in camera.

(4)

The Tribunal shall have the same powers as are competent

to the First Hall, Civil Court according to law.

(5)

Without prejudice to the provisions of this Act or any other

law, the Tribunal shall regulate its own procedure.

(1)

In determining an appeal the Tribunal may

(a)

dismiss the appeal and confirm the decisions,

ruling or denial for authorisation in its entirety;

(b)

substitute the decisions, ruling or denial for

authorisation;

(c)

modify or vary the decisions, ruling or denial for

authorisation; or

(d)

annul the decisions, ruling or denial for

authorisation.

(2)

The Tribunal shall give reasons for its decision and shall

cause such decision to be made public, omitting, if it deems it

appropriate for reasons of confidentiality, the identity of the persons,

entities or bodies involved.

(3)

The decisions of the Tribunal shall be served to all parties to

the appeal.

Any of the parties to an appeal before the Tribunal who feels

aggrieved by a decision of the Tribunal, may appeal to the Court of

Appeal as constituted in accordance with article 41(9) of the Code of

Organization and Civil Procedure by means of an application filed in

the registry of that court within twenty (20) days from the date on

which the decision of the Tribunal was notified.

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 same shall apply to the officers exercising their functions

within the designated Directorate within the Ministry responsible for

foreign affairs.

NATIONAL INTEREST (ENABLING POWERS)

(1)

The members of the Board, of the designated

Directorate, observers at the Board meetings and anyone engaged by

the Board to assist it in the execution of its functions shall treat any

matter coming to their knowledge as secret and confidential and shall

not disclose the same unless this is strictly necessary for the execution

of their functions at law

Provided that in no circumstances shall any data,

information or documentation received from any other authority,

agency or body in accordance with article 30, or which is otherwise

provided voluntarily by any such authority, agency or body, be

disclosed without the prior written agreement of the disclosing

authority, agency or body.

(2)

Any information relating to the requests made under article

19 shall not in any report made in accordance with article 15(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 Chairperson and in his absence in his substitute in

accordance with article 16

Provided that the Board may appoint any one (1) or more of

its other members or officers, or any officer from within the

Directorate referred to under article 15(4) 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 his

substitute in accordance with article 16 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

Provided that the Board may appoint one (1) or more

persons from the Ministry responsible for foreign affairs to sign

documents purporting 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, European Union restrictive measures 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 shall have the power to request from any person, entity or

body, any information that is strictly necessary for the purpose of

exercising its functions under the Act in accordance with article

15(5)(a).

(2)

Any information processed by the Board that relates to an

identified or identifiable natural person shall fully comply with the

provisions of Regulation (EU) 2016/679 and the Data Protection Act,

including the regulations made thereunder, safeguarding the rights and

freedoms of the data subjects.

(3)

Where personal data communicated or otherwise made

available to the Board pursuant to this article includes data other than

required for the purposes for which such data was communicated or

otherwise made available to, the Board shall immediately erase such

data upon receipt.

(4)

Notwithstanding anything contained in the Professional

Secrecy Act and any obligation of secrecy or confidentiality in

accordance with any other law, any person, entity or body from whom

information is requested 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 29 shall

place or imply any obligation on the competent law enforcement

authorities, the Security Service, the Financial Intelligence Analysis

Unit and the Malta Tax and Customs Administration 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 upon a request

of the Board and in accordance with a Memorandum of Understanding

that the Board and the said authorities may respectively conclude

between them for this purpose, taking into account their domestic and

international obligations

NATIONAL INTEREST (ENABLING POWERS)

Provided further that nothing in this article and in article 29

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 of any of his

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

Provided further that the provisions of this article shall not

apply to a person who is a member of the legal profession.

(5)

Any restrictions that are to be implemented in terms of any

European Union restrictive measures or of a United Nations Security

Council Resolution or regulations made under this Act shall prevail

over any other legal or contractual obligation to which any natural

person or legal person may be subject to.

(6)

The Board shall, for each breach or failure to comply with

the provisions of this article, impose an administrative penalty not

exceeding one hundred euro (€100) on any person.

(7)

The Board may exchange information with competent

authorities of other Member States carrying out similar or equivalent

functions of the Board, including third countries, or Union institutions,

bodies, offices or agencies, if it is strictly necessary for the purpose of

the prevention, detection, investigation or enforcement of domestic

restrictive measures, European Union restrictive measures and United

Nations Security Council Resolutions including cases involving actual

or suspected violation or where cross-border cooperation is required to

ensure the effective implementation of such measures

Provided that where the Board transfers personal data to a

third country which is not recognised by the European Commission as

ensuring an adequate level of protection pursuant to Article 45 of

Regulation (EU) 2016/679, the transfer of personal data shall be

subject to the provisions of Chapter V of Regulation (EU) 2016/679.

(1)

Notwithstanding the provisions of this Act or of any

other law, when European Union restrictive measures, restrictive

measures adopted by United Nations Security Council Resolutions or

domestic restrictive measures impose the freezing of funds or

economic resources of a designated person, entity or body shall

immediately upon publication be tantamount to a freezing measure

having the force of law in Malta.

(2)

Where the Board has reasonable grounds to believe that

economic resources are owned or controlled by a designated person,

entity or body, it shall issue a freezing measure, attaching the said

economic resources in the hands of third parties for which there is a

reasonable cause to believe that the economic resources are subject to

freezing

Provided that a notice of the freezing measure shall be

published by the Board without delay in the Gazette and also cause a

copy thereof to be registered in the Public Registry, the Land Registry,

the Registry of Companies established in accordance with the

Companies Act and any other registry established by law.

(3)

A freezing measure as is mentioned in sub-articles (1) and

(2) shall have the effect of

(a)

freezing, without delay or prior notice, all funds

and economic resources due or in pertaining or belonging to the

designated person, entity or body, or that is wholly or jointly

owned or controlled, directly or indirectly, by the designated

person, entity or body;

(b)

freezing, without delay or prior notice, all funds

and economic resources that are derived or generated from

funds and economic resources that are owned or controlled,

directly or indirectly by the designated persons, entities or

bodies;

(c)

freezing, without delay or prior notice all funds

and economic resources of natural persons and legal persons

acting on behalf of or under the direction of the designated

person, entity or body;

(d)

prohibiting the transfer, conversion, movement,

pledging, hypothecating, mortgaging or otherwise disposing of

any funds and economic resources in accordance with

paragraphs (a) to (c);

(e)

prohibiting any Maltese citizen or any person,

entity or body located in Malta from making available any

economic resources or funds or other related services, directly

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

designated person, entity or body; or an entity or body owned or

controlled, directly or indirectly, by a designated person, entity

or body; or a person, entity or body acting on behalf of, or at the

direction of, a designated person, entity or body, unless licensed

or authorised in accordance with the relevant European Union

restrictive measures or restrictive measures adopted by a United

Nations Security Council Resolution or domestic restrictive

measures.

(4)

The freezing measure as mentioned in sub-article (1) shall

become operative and binding on all third parties immediately upon

the publication of European Union restrictive measures or restrictive

measures adopted by a United Nations Security Council Resolution or

NATIONAL INTEREST (ENABLING POWERS)

domestic restrictive measures mentioned in sub-article (1), and the

said measure shall remain in force

(a)

in the case of a measure made by regulations in

accordance with article 4(4)(a), until it is revoked according to

the provisions of article 4(4)(a)(v); and

(b)

in the case of a European Union restrictive

measures or restrictive measures adopted by United Nations

Security Council Resolution, until the de-listing of the

designated person, entity or body is made by the United Nations

Security Council or by the Council of the European Union, as

the case may be.

(5)

Where any funds are or become due to a designated person,

entity or body from any person, entity or body while a freezing

measure in accordance with this article is in force, such funds shall,

unless otherwise directed in such measure, be deposited in a bank to

the credit of the designated person, entity or body.

(6)

When such measure ceases to be in force as provided in sub-

article (2), a note of cancellation of the registration of such measure

shall be entered in the Public Registry.

(1)

The persons, entities or bodies listed in Schedule I

shall

(a)

identify the identity of a customer and, where

applicable, identify and verify the ownership and control

structure of the said customer prior to engaging to service the

same customer, and ensure on an on-going basis that the

information so obtained is still current and up-to-date;

(b)

regularly check the list of designated persons,

entities or bodies in accordance with European Union

restrictive measures, restrictive measures by the United Nations

Security Council Resolutions and domestic restrictive measures

and to screen their client databases against those lists prior to

engaging with a client, on a regular basis and immediately after

a change to any of these lists occurs and upon awareness that

the relevant circumstances surrounding the client and its

operations have changed;

(c)

have in place and effectively implement internal

controls, policies and procedures to ensure compliance with the

obligations arising from this Act and European Union

restrictive measures, restrictive measures by the United Nations

Security Council Resolutions and domestic restrictive

measures, with the said internal controls, policies and

procedures having to be in compliance with Chapter IV of

Regulation (EU) 2023/1113 of the European Parliament and of

the Council of 31 May 2023 on information accompanying

transfers of funds and certain crypto-assets and amending

Directive (EU) 2015/849 when being implemented by a

payment service provider or a crypto-asset service provider

when performing transfers of funds and crypto-assets

respectively;

(d)

immediately notify the Board in case targeted

funds and economic resources are identified, and of the actions

taken in relation to such funds and economic resources in

compliance with the requirements of this Act, including in

relation to any attempted transactions; and

(e)

upon awareness, immediately notify the Board of

any suspected violations of European Union restrictive

measures, restrictive measures by the United Nations Security

Council Resolutions and domestic restrictive measures.

(2)

The Minister may, from time to time, by regulations amend

Schedule I as necessary.

(3)

All persons, entities or bodies listed in Schedule I may rely

on a third-party to comply with their obligations in accordance with

sub-article (1), with the person, entity or body relying on third parties

remaining ultimately responsible for compliance with the said

obligations.

(4)

All persons, entities or bodies listed in Schedule I relying on

other third parties to comply with their obligations in accordance with

sub-article (1) shall take adequate steps to ensure that, upon request,

such third-party shall immediately provide any relevant data,

information and documentation required in terms of sub-article (1).

(5)

All persons, entities or bodies listed in Schedule I operating

in Malta shall take appropriate steps, proportionate to the nature and

size of their business, to identify and assess the risks of violations of

restrictive measures and proliferation financing and circumvention

thereof that arise out of its activities or business. These steps shall take

into account risk factors, including those relating to clients,

geographical areas, products, services, transactions and delivery

channels

Provided that crypto-asset service providers shall in

particular consider the risks associated with transfers of crypto-assets

directed to or originating from a self-hosted address measure to

mitigate and manage the risk of non-implementation and evasion of

targeted financial restrictive measures and proliferation financing-

related targeted financial restrictive measures.

(6)

All persons, entities or bodies listed in Schedule I referred

to in sub-article (5) shall properly document the risk assessment

NATIONAL INTEREST (ENABLING POWERS)

referred to in that sub-article and shall make such documentation

available to the Board or any other relevant supervisory authority

acting on the Board’s behalf, upon demand by the said Board or

supervisory authority.

(7)

All persons, entities or bodies listed in Schedule I shall

ensure that the risk assessment carried out in terms of sub-article (5) is

regularly reviewed and kept up-to-date.

(8)

Any person, entity or body listed in Schedule I referred to in

sub-article (1) shall be prohibited from informing the client or any

third party in advance that a freezing order pursuant to this Act is to be

applied.

(9)

Any person, entity or body listed in Schedule I referred to in

sub-article (1) shall retain records to demonstrate its compliance with

the obligations referred to in accordance with this article for a period

of five (5) years from the end of the business relationship with the

clients which shall start to run as follows

(a)

in relation to the records retained to demonstrate

compliance with the obligations referred to in accordance with

sub-article (1)(a), from the date when the person, entity or body

no longer services the client;

(b)

in relation to the records to be retained to

demonstrate compliance with the obligations referred to in

accordance sub-article (1)(b), from the date when the

verification takes place;

(c)

in relation to the records to be retained to

demonstrate compliance with any other obligation, from the

date when the person, entity or body referred to no longer falls

within any of the categories listed in Schedule I

Provided that the Board may extend the five (5) year

retention period in so far as that period is limited to what is strictly

necessary in relation to the purpose for which the information is

processed.

(10) In accordance with the provisions of the Protection of the

Whistleblower Act, the Board, in any investigating, prosecuting,

judicial or administrative authority shall protect and keep confidential

the identity of any person, entity or body who reports, either internally

within a person, entity or body or to the Board, awareness or

suspicions that economic resources are the proceeds of violations of

restrictive measures or the circumvention of the restrictive measures.

(11) Detrimental action shall be not taken against any person,

entity or body, including employees or officials of the person, entities

or bodies who reports, either internally within the person, entity or

body or to the Board, awareness or suspicions of sanctions violation or

sanctions circumvention or awareness or suspicions that funds are the

proceeds of violations of restrictive measures or the circumvention of

restrictive measures.

In the case of payment service providers offering instant

credit transfers, they shall verify whether any of their payment service

users are persons, entities or bodies subject to European Union

restrictive measures. Such verifications shall be carried out

immediately after the entry into force of European Union restrictive

measures and immediately after the entry into force of any

amendments of such European Union restrictive measures and at least

once every calendar day

Provided that during execution of an instant credit transfer,

the payer’s payment service provider and the payment service provider

involved in the execution of such instant credit transfer shall not verify

whether the payer or the payee whose payment accounts are used for

the execution of that instant credit transfer are persons, entities or

bodies subject to European Union restrictive measures

Provided further that is without prejudice to actions taken by

the payment service providers in order to comply with European Union

restrictive measures, other than designated persons, entities or bodies

under European Union restrictive measures.

(1)

The Board shall have the right to appoint a temporary

administrator to a legal person when European Union restrictive

measures or any restrictive measure adopted by a United Nations

Resolution or domestic restrictive measures are implemented in Malta

in respect of the same legal person, the owner or controlling person

thereof and where temporary administration is necessary to avoid

adverse social, economic, ecological or other significant consequences

for the public or Malta.

(2)

A person, entity or body may be appointed as temporary

administrator and such person shall be of good repute. A temporary

administrator may be a natural person provided he is of age and legal

capacity and not under any legal impediment to so act. A temporary

administrator may be a legal person provided he is of good standing

and the objects of which include the administration of legal persons.

(3)

The legal person placed under temporary administration

s h a l l p r o p o s e i t s t e m p o r a r y a d m i n i s t r a t o r to t he B o a r d f o r

authorisation. The Board shall assess the appropriateness of the

proposed temporary administrator, taking into consideration

qualifications and experience, any conflicts of interest with the legal

person to be administered, and other factors which may affect the

proper performance of the activities.

(4)

A temporary administrator shall be appointed by a decision

NATIONAL INTEREST (ENABLING POWERS)

of the Board. The Board shall determine the term of appointment of

the temporary administrator, powers, functions and actions that the

temporary administrator may perform only subject to prior approval of

the Board. The decision of the Board may also provide, where

necessary, that the powers of certain or all bodies of the legal person

are suspended and temporarily taken over by the temporary

administrator or that certain decisions of the bodies of the legal person

require the temporary administrator’s approval.

(5)

The conditions of activities of a temporary administrator

shall be defined in a temporary administrator’s contract between the

temporary administrator and the legal person as authorised by the

Board. This contract shall also specify the temporary administrator’s

remuneration and other expenses, including expenses related to the

services provided by service providers, taking into account the scope

of activities of the temporary administrator, his qualification and

duration of activities, the procedure for reimbursement of the expenses

as well as the liability of the temporary administrator, the procedure

for his resignation and removal. Remuneration shall be paid, and

expenses shall be reimbursed, including expenses related to services

rendered by service providers from funds of the legal person put under

temporary administration.

(6)

A temporary administrator shall be appointed by the Board

for a maximum period of one year. In exceptional cases, the time limit

for the appointment of the temporary administrator may be extended

by a decision of the Board. The temporary administrator may be

replaced or removed from office at any time and if the need for his

appointment ceases to exist, he shall be removed from office without

delay.

(7)

A temporary administrator shall have the right to engage

service providers including legal, accounting, auditing and

management consultants at his discretion to fulfil his functions.

(8)

A temporary administrator shall take all required steps to

ensure compliance with the requirements established in this Act and to

avoid the adverse consequences referred to in sub-article (1). If

necessary, the temporary administrator shall have the right to open

deposit accounts with financial or credit institutions that operate in

Malta which would be used to ensure the continuity of the activities of

the legal person.

(9)

The Board may require a temporary administrator to

provide, within the time limits laid down in the contract referred to in

sub-article (7), information on the financial situation of a legal person

and on the economic activity carried out during the period of the

appointment of the temporary administrator.

(10) A temporary administrator shall perform his functions

prudently and in good faith. A temporary administrator shall not

exercise the rights granted to him for his personal needs or those of

third parties.

(11) A temporary administrator shall have the right to resign in

accordance with the procedure established in the contract referred to in

sub-article (5). If a temporary administrator resigns, the legal person

placed under temporary administration shall without delay initiate the

process for appointment of a new temporary administrator.

(1)

Any person, entity or body who breaches the

provisions of article 32, and when such breach is not accompanied by

any other breach of this Act, shall be liable to an administrative

penalty to be imposed by the Board of not less than one hundred euro

(€100) and not more than five hundred euro (€500) in respect of every

separate breach

Provided that in the case of payment service provides and

crypto-assets providers, every natural person who, at the time of the

commission of the breach, was a member of the management body of

the relevant service provider shall be liable to the same administrative

penalty as the legal person where the said natural person, through an

act or omission, whether intentional or due to gross negligence,

including through the lack of proper oversight of subordinates, caused

or contributed to the commission of any such breach.

(2)

The administrative sanction penalty shall be of not less than

three hundred euro (€300) and not more than one thousand five

hundred euro (€1,500) in respect of breaches that are deemed to be

serious, repeated or systematic

Provided that instead of or in conjunction with the

imposition of any administrative penalty in accordance with sub-

article (1) or this sub-article, the Board may issue directives in writing

requiring any natural person or legal person to take any action or

measure to remedy such breach or ensure compliance with the

provisions of article 30(1)

Provided further that in cases where any natural or legal

person fails to comply with any such directives issued in writing

within the time and in the manner stipulated therein, the Board shall

impose an administrative penalty in accordance with sub-article (1).

(3)

The Board shall, in accordance with its policies and

procedures, impose administrative penalties in accordance with this

article, which penalties may be imposed either as a one-time penalty or

as a daily cumulative penalty, or both.

(4)

Administrative penalties imposed on a daily cumulative

basis, shall not be less than a hundred euro (€100) and the accumulated

administrative penalty shall not exceed two thousand five hundred

euro (€2,500).

NATIONAL INTEREST (ENABLING POWERS)

(5)

Where the Board imposes an administrative penalty on a

natural person or legal person, it shall inform in a timely manner any

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, entity or body

concerned, and shall provide all relevant information on the

administrative penalty which it deems necessary

Provided that where the Board imposes an administrative

penalty as stipulated in accordance with sub-articles (1) or (2), 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 natural person or

legal person concerned, to take any action or regulatory measures

available to it in accordance with the applicable law as it may deem

appropriate based on the specific facts and context of the case.

(6)

Any administrative penalty imposed by the Board which

exceeds one thousand five hundred euro (€1,500) shall be subject to

publication on the Board’s website in accordance with policies and

procedures established from time to time by the Board

Provided that the above-mentioned threshold shall not apply

in the case of payment service providers and crypto-assets service

providers, where the Board may, if considered necessary and

proportionate, after a case-by-case evaluation, publish administrative

penalties and directives imposed in accordance with its policies and

procedures.

(1)

Any legal person who breaches the provisions of

article 33, shall be liable to an administrative penalty of up to ten

percent (10%) of its total annual net turnover in the preceding business

33. year.

(2)

Where the legal person is a subsidiary of parent

undertaking, or of any undertaking which effectively exercises a

dominant influence over that legal person, the relevant turnover shall

be the turnover resulting from the consolidated accounts of the

ultimate parent undertaking in the preceding business year.

(1)

Any person, entity or body who feels aggrieved by an

administrative penalty imposed by the Board in accordance with

articles 14, 35 and 36, whether imposed in respect of one or more

breaches, may appeal such administrative penalty both on points of

law and fact.

(2)

The appeal referred to in sub-article (1) shall lie before the

Court of Appeal (Inferior Jurisdiction) constituted in terms of article

41(9) of the Code of Organization and Civil Procedure.

(3)

An appeal before the Court of Appeal (Inferior Jurisdiction)

in terms of sub-article (1) shall be filed in the registry of the said Court

within twenty (20) working days from the date when the imposition of

the administrative penalty is served to the person, entity or body and,

saving the provisions of this article, such an appeal shall be regulated

by the applicable provisions in accordance with Title VI of Part I of

Book Second of the Code of Organization and Civil Procedure relating

to appeals.

(4)

The Court of Appeal (Inferior Jurisdiction) shall without

delay appoint a date for the hearing of the appeal.

(5)

For the purposes of the confidentiality of information and

documents relating to the proceedings, the appeal before the Court of

Appeal (Inferior Jurisdiction) filed in terms of this article shall be

heard in camera.

(1)

An administrative penalty, served on the person,

entity or body against whom it is imposed by means of a notice in

writing, which is not appealed in accordance with the provisions of

article 37 and which is not paid within twenty (20) working days from

the date of service, shall be recoverable as a civil debt, and the notice

in writing shall, upon the service of a copy thereof by means of a

judicial act on the subject person indicated in the notice, constitute an

executive title for all effects and purposes of Title VII of Part I of

Book Second of the Code of Organization and Civil Procedure.

(2)

Where the administrative penalty is appealed and is

subsequently confirmed in whole or in part, such administrative

penalty shall be enforceable in accordance with the procedure

provided for in sub-article (1).

Any criminal proceedings that were commenced prior to the

coming into force of this Act shall continue to be regulated by the

provisions of the National Interest (Enabling Powers) Act as in force

prior to the coming into force of this Act.

The National Interest (Enabling Powers) Act is hereby

repealed without prejudice to anything done or omitted to be done

thereunder, and subject to article 39.

Upon the coming into force of this Act, the subsidiary

legislation listed in the first column of Schedule II shall be deemed to

have been made under the corresponding provisions of this Act, and

shall be re-numbered accordingly as specified in the third column of

the said Schedule.

NATIONAL INTEREST (ENABLING POWERS)

Schedule I

(article 32)

Schedule of persons, entities and bodies subject to the obligations of

article 32

Any natural or legal person conducting a relevant activity or relevant

financial business as defined in accordance with the Prevention of

Money Laundering and Funding of Terrorism Regulations

Provided that the Board shall, in accordance with this Act,

and in the exercise of its functions, issue rulings and guidance

documents, which shall be binding on casino licensees and gaming

licensees, and which shall govern the applicability of the obligations

emanating from this Act.

NATIONAL INTEREST (ENABLING POWERS)

Schedule II

(article 41)

Subsidiary legislation deemed to have been made under this Act

Subsidiary

Current Numbering

New re-numbering

Legislation

to be given

Convention on the

Prohibition of the

Use, Stockpiling,

Production and

Transfer of Anti-

Personnel Mines and

their Destruction

Regulations

Comprehensive

Nuclear-Test Ban

Treaty Regulations

Dual-Use Items

(Export Control)

Regulations

Military Equipment

(Export Control)

Regulations

Nuclear Safety and

Radiation Protection

Regulations

Importation and

Exportation Control

of Goods which

could be used for

Capital Punishment,

Torture or other

Cruel, Inhuman or

Degrading

Treatment or

Punishment

Regulations

Measures in support

of actions addressing

smuggling activities

in the Central

Mediterranean

Regulations