United Nations Sanctions (Sierra Leone) Regulations, 1997

L.N. 176 or 1m

UNITED NATIONS (SECURITY COUNClL SANCTIONS)

ACT, I993

(ACT NO. XX OF 1993)

United Nations Sanctions (Sierra Leone) Regulations, 1997

In exercise of the powers conferred by section 3 of the United

Nations (Security Cou ncil Sanctions) Act, 1993, the Prime Minister

has made the follow ing regulations: ~

I. These regulations may be ci ted as the United Nations Sanctions Cil"~",

(S ierra Lcolle) Regulatiolls, 1997 .

In these regulations. unless the conleJ(t otherwise requires ~ InI<rp .... i"".

2,

"weapons" means anus proper as defined in subsectioll (I)

of section 64 or lhe Criminal Code and includes every component c ... ~.

part thereof and any accessory thereto.

(Regul:llion 3)

RESOLUTION 11 32( 1997)

Adopted by the Security Coun cil at lis 3S22nd meeting, on H <ktober 1997

The Security COUJlci l,

Rcc3lling the statements of its President of 27 May 1997 (SIPRSTII 997f29), II

July 191)7 (SfPR STII997f36) and 6 August 1997 (SIPRSTf l997/42) condemning the

military coup in Sierrn. Leone,

Taking note oft he dccisioJl of the thiny-third su mmit of the Organization of African

Unity (OAU) held in Hamre, Zimbabwe, from 2104 June 1997 concerning lhe situation

in Siem Leone,

Taking nole also of the Communique issued at the mecting of the Foreign Ministers

of the Economic Community of West African States (ECOWAS) on Sierra Leone.

held in Conakry, Guinea on 26 Ju ne 1997 (511997/499). the Declaration of the ECOWAS

Commillee of Fo ur Foreign Mi nisters on Sierra Leone (the ECOWAS Committee) of

30 July 1997 (S( I997/646), and the ti MI Conlmunique of the summit of ECQWAS

held at Abuja on 28 and 29 AuguSI 1997 and the Decision on sanctions agai nst the

mili tary junta in Sierra Leone issued at the summit (S/ I997/695, Annexes I and II ),

Taking note a1soofthe Secretary-Genera!'s letteror7 October 1997 (SJ I997n76),

Expressing its full suppon and appreciation for the mediation effons of the

ECOWAS Committee,

Reaffi mling its \'lew that the Abidjan Agreement (S/I996J I034)eontinuC5 to serve

as a viable framework for peace. srobility and reconciliation in Siem Leone .

Deploring the fact thai the military junta has nO( taken steps 10 allow the restOrat ion

of the democnnically-elcctcd Government and a re turn to a constitu tional orde r,

Gr.lvely concerned :II the continued violence and loss of life in Siem Leone fol-

lowing the military coup of 25 May 1997, the deterior.n ing human itarian conditions

in that cou nlry, aJld the consequences for neig hbouring countries.

Determining that the situation in Sierra L..c:ooe constitutes a threat to international

peace and security in the region,

Acting under Chapter VI I of the Chaner of the United Nations,

I . Demands that the mili tary juntll take im mediate steps to re linq uish power in

Sierra Leone and make way for the TeStOflltion of the democratical ly - ele<:ted Gov-

e rnment and a relUrn to constilUtional order

2. Re itcrates its call upon the juma to cnd all acts of violence and to cease all

in terfcrence with thedclivery of humanitarian assi ~lncc to the people of Sicrra LeOlle

3. Expresses its strong suppon for the effons of the ECQWAS Comminee to

resolvc the crisis in Sierra Leone and encourages itto continue to wort; for the peace-

ful restoration of the constitutional order. including throu gh the resumption of ncgo-

tiations

4. Encourages the Sec retary-General. through his Special Envoy. in cooPCI"'.l-

tion with the ECQWAS Comminee, to assist the search for a peaceful resolution of tile

crisis and. to that end , to work for a resumption of discussions with all p:ln ies to the

cn sls;

5. Decides that al l States shall prevent the entry into or transit through their

territories of members of the military junta and adu lt mcmbers of thei r families, as

designated in accordance with parngraph 10 (0 below. provided thaI the e ntry into or

transit through a paRicular State of any such person may be authorilCd by the Commit·

tee estab lished by paragraph 10 for verified humanitarian purposes or purposes con-

sistent with parngraph I above. and provided that not hing in this paragraph shall oblige

a State to refuse entry into its territory 10 its own nationals;

6. Decides that all States shall prevent the sale or supply to Sierra Leone, by

their nationals or from their territories, or using their nag vessels or aircraft , of petro-

leum products and arms and related materiel of all types, including weapons and am-

muni tion. military ve hictes and equipme nt. parami litary equipment and spare pans for

the aforement ioned. whether or not originating in the ir terri tory;

F'dawn ir-regolamcnt i, sakcmm ir-rJbta tal -kliem ma te ht iegx

xon 'ohra -

"annamenti" tfisser amli regulari kif imfiss ra fi s-subanikolu

( I) la' I-anikolu 64 ta l-KodiCi Krim inali u tinkl udi kull pani

komponenli laghhom u ku!! accessorju maghhorn.

3, Gha1l-fini Ins-subani kolu (2) ta O I-artik olu 3 ta' I-AIt , ir- r ..... ·

Riiolul.l.joni qeghda ligi pubblikalu bl · ilsien Ingli i n · lskeda Ii ti nsab Riiol""f ... ·

rna' daw n ir-regolamenti.

4 . M' ghandhornx gewwa Malta jithallew jidhlu jew jieqfu MomIwi '>I.tun'_

ternporanjamcnt me mbri tal-gun!a mililari (3' Sierra Leone u membri , "I;w.

adulti tal . familja taghhom.

For the purpose of subsection (2) of section 3 of the Act. the T .. , of RacIuI_.

Resoluti on is published in the English Language in the Schedule 10

these regulations.

The entry into, or trallsit through. Malta of members of the 1're .... ;O' of -r

military junta of Siem Lcone and of adult mcmbers of the ir famities 0( mil;'",}, iu t".

" .. "be ...

shall bI: prevented.

( 1) Notwithstanding any other law ,and subject to paragraph /'rohibih""dH ..

(2) of this regulation, the sale or su pply. in any manner whatsoeve r. by ~of

any person in Malta or by any citi7..en or pennanent residell! of Malta, "'''''~1:;:-''''­

='"

whether in Malta or elsewhere ,or by using their nag vessels or aircrafl.

of petroleum and petroleum products, and arms alld related m:w!riel of

all types. incl udin g weapons and ammuni tion. mi litary vehicles and

equipment, paramilitary equipmellt alld spare pans thereof, to an y persall

or entity in Sierra Leone is prohibited.

(2) The provisions of paragraph ( I) of this regulat ion shall

not apply to wenrons and military equi pment destined for the sole use

of the pence-keeping forces of ECQWAS ill Sierro Leolle .

Ally person found guilty of all offence agaillst these I'<n.hy.

regulntions shall, on convie!ioll , be tinblc to a fille (III II/ta) not eJ(ceedi ng

fifty thousand Mo.llese liri .

Decides that the Committee established by parngraph 10 below may author-

ize, on a case-by-case basis under a no-objcctj on proced ure

(a) appl ications by thc democraticall y-elcctoo Government of Sierra Leone

for the imponation into Sierra Leone of petroleum or petroleum products: and

(b) applications by any othcr government or by Uni ted Nations Agencies

for the imponation of petroleum or petroleum products into Sierra Leone for

verified humanitarian purposes , or for the needs of the Military Observer Group

ofECQWAS (ECOMOG),

subject to acceptable arrangements for effective monitoring of del ivery;

Acting also under Chapter VII1 orlne ChaRer of the United Nations. author-

izes ECQWAS, cooperating wi th the democraticall y-e lccted Governme nt of Sierra

Leone . to ensure Strict implementation of the pro visions of this resolut ion rel ating to

thc supply of petrOleum and petroleum prod ucts. and anns and related materiel of all

types. including, where necessary and in co nfonnity with applicable international stand-

ards, by halting inward maritime shi pping in order to inspect an d verify their cargoes

and destinations, and calls upon all States to cooperate with ECQW AS in this regard

9, Requests ECOWAS to repo rt every)() days to the CommitIee established

under paragra ph 10 below on all acti vities undenaken pursuant to paragraph 8 above

Decides to establish. in accordance with rule 28 of its provisional ru les of

pNI.."edure. a Committee of the Security Council coosistill g of all the memben of the

Council. to undenake the following tasks and to report on its work to the Council with

its observations and reco nulIcndations

(a) to seek from all Stales further infonnation regardi ng the action taken

by tllelll wi th a view 10 implementing efrectively the meas ures imposed by

paragmphs 5 and 6 above

(b) to consider infonnation brought to ils attention by Smtes concerning

viol:lli005 of the measures im posed by paragraphs 5 and 6above and to recommend

appropriate meas ures in response thereto

(c) 10 make periodic re ports to the Secu rity Council o n information

submined to it regarding alleged violations of the measures imposed by parographs

5 aoo 6 above. identifyillg where possible pcnons or entities, including vessels.

reported to be ellgaged ill such violatiolls

(d) to promulgate such guidelines as may be necessary 10 facilitale the

implementation of the measures imposed by paragraphs 5 and 6 above

(e) tocOllsider and dccideeltpeditiously requests for the approval of imports

of petroleum and petroleum products in accordance with paragm ph 7 above

(I) to designate expeditiously membenof military jUllfa and adult members

of their families whose elltry or transit is to be prevented in accordance with

paragraph 5 above

(g) to eltumine the reports submitted pu rsuant to paragrap hs 9 above and

13 below

(h ) to es tabli sh liaison wi th the ECOWAS Committee o n the

implementation of the meas ures imposed by paragraphs 5 and 6 above

I I. Calls upon all States and all international and regional organizations to act

strictl y in conform ity with this resolution, notwithsta nding the existence of any righls

grant<Xl or obligations conferred or imposed by any intemalional agreement or of any

contract entered into or any licence or permit granted prior to Ihe e ntry into force of the

provisions set OUI in paragraphs 5 3I1d 6 above

Requests the Secreta ry-General 10 provide alillecessary assistance to the

Committee established by paragraph 10 above 3I1d to make the necessary arrange·

me nts in the Secretariat for th is purpose

Requests States to report to the Secrctary·General wit hin 30 days of the

date of adoplioo of thi s resolut ion on Ihe steps th ey have taken to give cffect to the

provisiollS sel out in paragraphs 5 and 6 above

Requests a lllhose concerned, including ECOWAS.lhe Uni ted Natioos and

OIher intem:llional humanitarian agencies, to establish IIppropriatc ammgements for

lhe provision of humtlnim ri an assistance and to endeavour 10 ensure thaI sue h ass ist-

aoce responds to local needs :md is safely delivered to, and used by. its intended recipi -

ents

Urges all States. inlem:lI ional organi7.3tions and financial institut ions to as·

sist States in the region to address the economic and social conscquences of the innu~

ofrdugees from Sien-a Leone

Requests the Secretary·Generallo submit an initial report to the Couocil

within 15 days ofthe adoplion of th is resolution on com pliance wi lh paragraph I above,

and thereafter every 60 days after the date of adoption of thi s resolution on its imple-

mentation and on the humanitarian situation in Sierra Leone

Decides, i(the measures set out in paragraphs 5 and 6 above have nOl been

lemlinated in accordance with paragraph 19 below, to conduct . 180 days after the

adopt ion o f thi s resolution and on lhe basis o f the most recent report of the Secretary-

General , a thorough revie w of the application of these measures and of any sleps taken

by lhe military junta 10 comply with parngraph I abo"e;

18, Urges aU States to provide tec hnical and logistical su pport to ass ist ECOWAS

to carry OUt its respons ibilities in the impleme ntat ion of thi s resol ulion

E1>presses its intention to tenninate lhe measures set out in paragraphs!5 and

6 above when the demand in paragraph I above has been complied with

Decides to remain seized of Ihe maner.

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