78 tal-1994

L .N. 711 or 1",*

UNITED NATIONS (SECURITY COUNCIL SANcnONS) ACT. 1993

(ACT NO. XX OF 1993)

UIIllt«l Nallonl SaDCtions (UNIT A) Reclll.lion5, 1994

IN Cltcrcise of the powen conferred by section 3 of the United

Nalions (Security Council Sanctions) Act, 1993, the Prime Mini$ler has

made the following regulations:-

I. TIlex regulations may be cited as the United 1'lItioos ou.c;...

Sanctions (UN ITA ) Regulations, 1994.

1~.

In these regulations, unles5lhe conlext otherwise req uires -

Mthe Act H means the United Nations (Security Council

Salletions) Act , 1993;

M,imMt " i"",ludes a helicopter ;

Mdesignated goods~ means any anns and related materials of

all types, including weapons and ammunition. military vehicles .od

equipmeM and spare parts for the aforeme ntioned , as well as

petroleum and petroleum products, whether originating in Malta

or 001 ;

Mdcsignaled points of entry" mea ns those points of entry

through which passage into Angola is allowed and appro ved by the

legitimate Government of Angola;

kthc Sccrctary-Gcnerar means the Scc:rctary·Gen<= ral of the

United Nalions;

Security Council" means the Securit;t Council of the

~the

United Nations;

" UNITA" means the U"itJo NIICionol paN " l"dj~"dtnciD

To'''/ dt A"gola (NtUiotuJl Union fOT Iht Totollnde~ndt"" of

Ango/o).

J . For the purposes of subsection (2) of section 3 o f the Act . T_oI

resolution number 864 (1993) adopted by tbe Security Council 0<1 the ......... - .

ISth September. 1993 is published in tbe Englisb langulge in tbe

Schedule to tbese regulations.

(Regulation 3)

RESOLUllON 864 ( 1993) ADOPTED BY TH E SECU RITY COUNCIL

AT ITS 3277t h MEl:"TlNG ON IS SEPTEMBER 1993

T M Sa:arity Council.

Reamrming its resolutions696(I99I )of JO ~by 1991, 747( 1992)of24 March 1992 .

785 (1992) of JO October 1992, 793 (1992) of 30 Noycmber 1992.804 (1993) of 29

January 1993. 8 11 (1993) of 12 March 1993. 823 (1993)ofJOAprill993 , 834 ( 1993) of 1

June 1993 and 851 (1993) of IS July 1993,

HaYlng consIdend the report of the Secretary·Gcneral (Sf26434 and Add . I) dated

13 Scplcmber 1993.

ExprHSin& grave concern at the oontinuing deterioration nf the political and

military situation, .nd noti"l with consternation the furthcr deterioration of an al ready

grave humanitarian situation.

Deeply COfK"CrnI!Jd that, despite its preyious resolutions and the efforts undertakcn

by th e Secreta ry-Ge neral and his Special Reprc:sc:ntative . the peace talkl remain

suspended and a cease·fire has not been est ablished .

Wekomlnll the joint state ment issued in Lisbon on 10 Septembe r 1993 by the

reprcscntatives of Portugal. the Russian Federation and the United Statcsof America.

the th ru observe r States to the Angolan peace process (SI26488),

WekoM1nc aHo and supporting to that e nd tile efforts of the Sccret ary·Gene rp land

his Special Representative ai....,d at the earliest resolution of the A ngolan crisis through

negotiations. and $tn5SIng the importance it atlachcs thereto.

Wekom1nc fIIrther tbe effonsofthe Ad HoeCommittee On s.,uthern Africa of the

Organiultion of African Unity (OAU) andof HeadsofStale of neighbouringcountrics

to facilitate the resumption of the puce proee$$ in Angola,

IJ

Emphulzing the importanoe of a continued and effective Uniled Nations presence

in Angola wilh I view to foslering the peace proc:eS$ and advan~ing the full

im plemenlation oflhe MAcordos de paz".

R.am nnlng its commitment to preM'rve the unity and territorial integrity of

Angola.

A

the report of the S«retary·Oeneral (SI26434) dated 13 Septembe r

I . Wric_

1993 and dedd6 to exlend Ihe existing mandale of the United NatioA$ Angola

Verification Mission (UNA VEM 11) for a period of three mo nths until 15 D<:~mber

1993;

R. lkra la Its l'e a,U_

10 corn;idc r taking aClion promptly. at any time wilhin

2. the period of the mandale authorized by this resolution. on the reaHT1mendation of the

Secretary-General, 10 e~nd substantially the United Nations presence in Angola in

the evcnt of significant prog!C$$ in the peace proc:eSli;

), Ream rms the imponance of the funClions of good offices and mediation by

UNAVEM [I and the Special Representative, wit h the goal ofrestoringa cease-fire and

reinstating the peace proceSli for the fun implemenuuion of the ~AcordO$ de Pu";

4. Wdroma the colllinued disposition of lhe Govern ment of Angola to .each a

peaceful Klllement of the confliCl in conformity wilh the ~ Acordos de I'IZ" and

relevant re$OIutioll$ of the Security Council;

5. RH mrnu il!i ru<Jfl:n1tlon of the Icgitimate rights of the Government of Angola

and in this regard welcomes the provision of assistance to lhe Government of Angola in

suppon of the democratic proceu ;

6. Rellerates on« again Il!i demand that UN1TA accept unre!>Cl"ledly the results

of the derTlO(:flltic elections of JO September 1992 and abide fully by the ~ Acordos de

Pu~;

1. Condcmm UN rrA for conlinuing mililary actions, which arc resulling in

increased suffering 10 the civilian population of Angola and damage 10 Ihe Angolan

economy and a,aln dcmancls that UN1TA immediate ly ~ a5C such actions;

8_ AI", rondemns UNIT A '5 repealed attemplli to seize addilionallerrilory and il!i

failure 10 withdraw ils troop$ from the Iocalions which it has occupied $ioce the

resumption of thoc hostilitw,s, and ckmllnd5 ( 1 ' - I,aln that it immedia tely do so and

agree without delay to return its troops to Uni ted Nations·monitored ueaS as a

transitional measure pending rull implementation or the ··Acordos de Pu";

The sale or supply of designated goods , by whatever means and .... ,,:'.: :_

other than through designated points of ent ry. byanypenon in Mall.or 01 .. , - .

by any ci tizen or permanent resident of Malta, whet her in Malta or

elsewhele , to any person or body in Angola or to any person or body

who is connected, whether directly or indirectly , to UN ITA, for the

purpose of any busine$$ carried on in or operated from Angola and

" .. hich i5 against the legitimate Government of An gola, is prohibi ted .

Notwithstanding any other la ..... no claim shall lie at the

O.i .... 1IKtinf,

instance of the GovernlnC'nt of Angola or of any pcl'$Oll In connection

" """"

",odopO"""

01_''''''_

with any rigbls or obligations oonferred or impoKd by an international

agreement or any OOnlract or transcation entered intoOf any licence or

permit granted prior to the adoption of the resolution mentioned in

regulation 3 of these regulations, or in connection with any rights or

obligations related thereto. where the performance of those rights or

obligations was affcctcd by the measurcs imposed by the ~aid resolution

or as a result of these regulations.

An y penon who contravenes the provisions of regulation 4 of

* t "' ..

P'

these regulations !>hall be guilty of an offence and shall. on oonviction,

be liablc to a fine (mu/IQ) nol exceeding fifty thousand Maltese Liri .

Ream rnu that such occupation is a gra\'e vinla tion of the - AcorOOs de Paz-

and is inoom~tible with the goal of peace through ag.ccmenlli and reconciliation ;

St. - 0ft(.'C agal n the fundamental need \0 rei nitiale wilhoul delay the

peace calks unde r United Natiom auspices with a view \0 thc immediate eSI~bli~hment

of a cease-fire Ihroughout Ihe coun try an d the full implemcntation oflhe "Acordos de

Paz" and resolutions of the SeCUril y Council;

Toes noC<e of statements by UNITA that il is prepared to resume peace

negoliations and d~ that UNITA act aa.:ordingly;

Wdcoml!ll the further steps taken by the Secretary-General to im plement the

emerge ncy humanitarian assista nce plan;

Stroa&Il' condfmns the repeated atacu carried o ut by UNITA lpinst

United Nllions personnel working to provide humanitarian ISistance and rnmrms

that such attacu are cleat vioLations of international humanitlrian Law;

no'"

Takn

of state ments by UNITA lhat it wiLL cooperate in ensuring the

unimpeded de Li very of humanitari an assist ance to all Angolans and dem&JN15 that

UNIT A act aooordingLy ;

Rftln-.leslu appeal to both parties 10 take alL I1CCeI5Iry measures 10 ensure

the iieCUrity . nd safety of UNA VEM 11 personnelll$ well as of the personnel invoLved in

humanitari.n relief operlltions , and strictly to abide by applieable rules of international

humanitari an law;

Demands that UNITA pnxe<:d immediately to the release of all foreign

citizens held against their will and to abstain from any action wltich might cause damage

to foreign propert y.

B

Stroncly c:ond<emninC UNIT A and holding its leadership responsible for not having

t.ken the neceu.ary measura 10 romply with the demands made by Ihe Council in its

previous resolutions.

DetennLrwd 10 ensure respect for its resolutions and the full implementation of the

"Acordos de P az~.

UI""kinI all States 10 rdrllin from providing any fo rm of direct or indired assistance,

SIlppOrt or enoouragement to UNrrA ,

Detenninlnl that , as a result 01 UN IT A 's military actions . tile si tuation in Angola

ronstilutes a thre.t 10 international peace and securi ty,

Actlq under Chapter VII of the Charter of Ihe United Nation$,

Drddn that the provisions Kt forth in paragraphs 19 to2S below shall come

into force tell da~ afte r t he date of adoption of the present resolution unless the

Secretary-General notifies the Council that an eflective cease- fire has been established

alld that agreement has been reached on the implementatio n of the MAoo rdos de Paz"

and rel eva nt reliO lutions of the Security Council ;

Deddes fIIrther that if. at any lime after the submission of the above-

mentioned report of the Secrellry-General, the Secrctlf)'-Qc,nerlll re ports to the

Council toot UNIT A has broken the cease-fire or ceased to participate constructively in

lhe impleme ntat ion of the kA oordos de paz~ and the relevant reliOlutions of the

Security Cou!lcil. the provisions set forth in paragraphs 19 to 25 below shall come into

force immediateLy;

m

Decides, wi111 a view 10 prohibiting all sale o r supply 1{) UNrrA of arnu and

related maliriel and military assistance, 8$ well as petroleum and petroleum products.

that .n Srale$ shall prevenllhe sale or supply. by their nationals or from their territories

or using tileiT flag vessels or aircraft, of arnn and related rtUllt rid of 011 types, including

weapoll$ and amm unition, military vehicles and equ ipment and spare parts for the

afore-mentioned, as well as of petroleum and pet roleum products, ",heth." or DOl

o riginating in their territory. to the terrilor~ of Angola othe r than through named

points of entry On a lis1 10 be suppl;"d by tht ~m mem of AngolllQ the Secretary-

General. who shall promptly notify the Member Stales of the United Nations;

Call!; upon all Slates, and all in\e m~lional organizations . 10 aCI strictly in

lcoordana: with the provisions of the present re50lu tion. notwithstanding the existence

of any rights or obligations ronferred Or imposed by any inte rnational agreement or any

contract entered into or any licence or permit granted prior to the date of adoption of

thi, resolution;

Calls upon Sta les to bring prooeedi np against persons aMI en tilies ~ioIa ting

the measures impoKd by Ihis resolution and 10 impose appropria le penal lies;

Ilftideo 10 establ ish. ;n acmrdance wilh rule 28 of its provisional rules of

procedure. a Committee of the Security Council consisting of all the members of the

Council to undertake the fol lowing tas ks and to report On its work to Ihe Council with its

observations and recommendations

(a)

To eumine Ihe reports submitted pursuant to paragrapt124 below;

(b) To see k from all Sta tes further information regardinglheactioo la ken by

them wilh a view 10 effectively implement ing the measures imposed by paragraph

19 above ;

(c) To conside r information brought to its al1ention by States concerning

violations of the measu res imposed hy pa ragraph 19 above and to recommend

appropriate measures in response Ihereto

(d) To ma~e periodic repons 10 the Security Council on infonnalion

submitted 10 it regarding alkged violations of lhoc measures imposed by paragraph

19 above, idenlifying where possible pe rsons or entities, including vessels.

reported 10 be engaged in soch violatioos

(e) T o promulgate guidelines that may be necessary 10 facilitate the

inlpleme ntalio n of the measures inlposed by pJragraph 19 above

Calls upon all Stales to cooperat e fully wit h t"" Committee w.bli~d by

paragraph 22 above in tile fulfilment of its tasks. induding supplyingsuc:h infonnalion

as may be sought by the Comminec in pursuance of the present resolution

Req ........ all Stales 10 report 10 the Secretary_Ge neral by IS ()(:tw.r 1993 on

the measures the y have adopled in o rderlo meet the obligationSs<:lout in paragraph 19

above

Ilrquesls the Secretary-Ge neral to provide all necessary IIS$istance to the

Committee established by paragraph 22 above and 10 make lhe necessary arrangements

in Ihe Secretariat for Ihi $ purpose;

· '"

Ell'< IISes lu rndi_ loronsidcr lhe imposition of fUrll\(,r mUlura under

the OIanerof the United Nations, including iIIlUlllill, trade measures apinsl UNrrA

ilIId re$lrictions on the tr.I.vel of UNrrA per$Ollnel, unless by 1 November 1993 the

Secretary-General has reponed that an effective cease-fire has been established and

Ihat agreement has been reached on the full imp~menlalion of the ~ Ac:ordos de Paz~

and relevant resolutions of the Security Council;

c

V. Es:~ abo its rudinHIto review the measures in Ihe pre~nt resolution if

the Secrclary-General reports 10 the Council Ihal an cUceliv!: cease-fire has been

establi$hed and that substantial progress has been achieved towards the full

implementation of the ~AOOfdos de Pn~ and .dcvilIIl resolu tions of the Security

Council;

Rtque5ts the Secretary-General 10 iubmit 10 il as soon as the situation

warrants, and in any case in good lime before 1 November 1993 and again be fo re IS

December 1993. a report on the situation in Angola and the implementation of this

resoI ... tion. with his recommendation fOT the further role of the Uni ted Nations in the

peace pr0ce5S and. in the meanlime. to keep the Council reg ... la rl y informed of

developments;

Dedde5 10 remain seiud of the mauer.

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