United Nations San ctions (AnJ,Jola) Regulations, 1997

L.N. 197 or 1997

UNITED NATI ONS (SECURrr¥ COUNCIL SANCTIONS)

ACf,I993

(ACI' NO. XX Of 1993)

United Nations San ctions (AnJ,Jola) Regulations, 1997

In exercise of the po ..... ers conferred by section 3 of the Un ited

Nati ons (Sec urit y Coun cil Sanctions) Act. 1993. the Prime Minister

has made the: following regul:uions:-

These regulll!ions may becited as the Uni ted N!ll.ions Sanctions cua.

(Angola) Regulations . 1m.

In these regulations. unless the context otherwise requires -

, ..

"aircraft'" has the same meanings as is assigned to it by the e • . l)1.

Civil Aviation Act;

"UNITA means the UniaG Nacional para a Independencia

H

Total de Angola.

For th e purpose of subsection (2) of section 3 of the Act. the !:::~_

Resolution is published in the English Language in the Schedule to

these regulations .

( I) Theentryinto.ortransillhrough. Maltaofsenioroffidals fl. ;c-

::1r . .

o[ UNITA and of adult !TIembers of their immediate families shall be

dU""".

prevented.

(2) The provisions of palligra ph ( I) o f this regulation shall

nOt appl y to those o fficials necessary for the full functioning of the

GO\'ernment of Uni ty and National Reconciliation . the National

Assembl y. or the Joint Commission.

S. ( I) Notwi thstanding any other law. and subjeclto paragraph P,uloibioiGtol

(3) of this regulation. the Oight of aircraft by or for UN ITA. the supply =~

of any aircraft or aircraft components 10 UNITA and the insurance . UNIT ....

engineering and servicing of UN ITA .:1ircraft are prohibited .

Any person who -

(2)

(a) fails to de ny pemlission 10 any aircraft 10 take o ff from .

land in. or overfly Malia if il has taken off from or is des tined to

land at a place in the territory of Ango la other than one approved

by the Go\'emment o f Angola: or

(b) bei ng in Malta. or being a citi ze n or pcml.1nent re sident

of Malta . whether in Malta or elsewhere-

0) or who even by usi ng lhe nag vessels or aircraft of

Malta. supplies or makes avail abl e in any form . any aircraft

or aircraft co mpon ents to the territory of Angola Olher Ihan

through named points of entry approved by the Government

of Angola: or

(ii) provides engineering and maintenance servicing,

the ce rti fication of airworthiness. the payment of ne w claims

against existing insur.mcc COOIr3CtS, or renews direct insurance

with respecl 10 any aircraft registered in Angola O(her than

those on a list approved by the Government of Angola,

shall be guil ty o f an offence agai nst these regulations and shall be

liable to the penallY mentioned in regu lation 6 hereof.

(3) The provisio ns o f paragraphs ( I ) and (2) of this

regulation shall not apply to cases of medical emergency or 10 nights of

aircraft carrying food. medicine. or supplies for essent ial humanitarian

Further decid es that the measures SCI out in paragraph 4 above shall 00l

apply to cases o f medical emergency or to flights of aircraft carrying food. medicine.

or supplies for essen tial humanitarian needs, as approved in advance by the Commit-

tee created purs uant to resolution 864 ( 1993);

Any person found guilty of an offence against these regulations

shall , on conviction , be liable to a fine (nmllu) not exceeding fiflY

thousand Maltese liri.

SCHED ULE

(Reg ulation 3)

RESOL UT ION 11 21 ( 1991)

Adopted by th e Security Council at its 3814th m~ting.on 28 August 1m

The Security Council ,

Reaffirming its re solution 696 ( 1991 ) of 30 May 1991 and all subseq uent

re solutions.

Recalling the statement of its President of23 July 1997 (SIPRSTI1991139), which

ex pressed its readiness to consider the imposition of measures on the Uniao National

para a Independencia Total de Angola (UN IT A). inter alia,those specificall y mentioned

in paragraph 26 of resolution 864 ( 1993) .

Emphasb.ing the urgent need for the Government of Angola and in partic ular

UNIT A to compl ete without fun her delay the implementation of their obligations under

the "Acordos de Paz" (5122609. annex), the Lusaka ProlOcol (5119941 1441 . annex)

and the re levant Security Council resol uti ons,

Expressing ilS grave COllCCrn at the serious difficulties in the peace process, wh ich

are mainly the result of delays by UNIT A in the implementation of its obligations

under the Lusaka Protocol.

Expressing its finn commitment to preserve the unity. so \'ereignty and territorial

integri ty of Angola,

Having cons ider ed the report of the Secretary-General of 13 August 1997

(5/ 19911640) ,

Strongly deploring the failure by UNIT A to comply with its obligations under

the "Aeordos de Paz" (SI226Q9,annex). the Lusaka Protocol and with relevant Security

Cou ncil resolutions. in particular resoluti on 1118 ( 1991) ,

A

Demands that the Government of Angola and in particular UNITA com-

l.

plete ful1y and without furthe r delay the remaini ng aspects of the peace process refrain

from any action which mighllead to renewed hostilities;

2. Demands also that UNITA implement immediately its obligations under

the Lusaka Protocol. including demilitarization of all its forces. transformation of its

radio station Vorgan int o a non-partisan broadcasting faci li ty and fult coo peration in

the process of the normalization of Slate admin istmt ion Ihroughout Angol a

3. Dema nds further thm UNITA provide immediately to the Joint Commis-

sion, 3S established under the Lusaka Protocol, accurate and complete infonnmion

with regard to the strength of all anned personnel under its control, including the secu-

ri ty detachment o f the Leadcrof UN ITA , the so-called "mining police",armcd UN IT A

personnel returning from outside the national boundaries, and any other anned UN IT A

personnel, nor previously reported to the United Nations, in order for them to be veri-

fied, disanned and demobili zed in accordance wilh Ihe Lusaka Protocol and agree-

ments between the parties in the context of lhe Joi nt Commission, and condemns any

attempls by UNITA to restore its military capabilities

B

Determinin g that the res ulting situation in Angola constitutes a threat to interna-

tional peace and security in the region

A<: ting under Chapter VII of the Chancr of the United Nations,

4. Dcddes that all States shall take the necessary measures

(a) To prevent the entry into or transit through their territories of all senior

ollkials of UN ITA and of adult members oflheir irrunedime families, as designated

in accordance with paragraph II (a) below, exce pt those officials necessary for

the fu ll functioning or the Go\·ernment of Unity and National Rcconc iliation.11te

Na tional Assembly, or the loint Commissio n, provided that nothing in this

paragraph shall oblige a State to refuse entry into its territory to its own nationals,

(b) To suspend or cancel al l travel documents, visas or residence pennits

issued to senior UNITA officials and adult members of their immediate families,

as desi gnated in accordance with paragraph I I (a) below, with the exceptions

referred to in subparagraph (a) above

(c) To require the immediate and com plete closure of all UN ITA offices in

their territories

(d) With a view to prohibiting nights of aircraft by or for UNITA, the

supply of any aircraft or airc raft components to UN ITA and the insurance,

engineering and se rvicing of UN ITA aircraft

(i) 10 deny pennission to any aircraft to tak e off from, land in , or

overfly their territories if it has taken off from or is destined 10 land at a place

in the territory of Angola other than one on a list slIpplied by the Government

of Angola to fhe Committee crealed pursuant to resolution 864 (1993), which

shall n(Mify Member States

(ii) to prOhibit, by lheir nationals or from thei r territories or using

their nag vessels or aircraft. the supply of or making available in any fonn,

any aircraft or aircraft components to the territory of An gola other than

through named points of en try on a lisl to be su pplied by the Government of

Angola 10 lhe Commince created pursuanllO resolution 864 ( 1993). which

shall notify Meml>ef Stales;

(iii) to prohibit, by their nalionalsor from lhei r territories . the provision

of engineering and ma intenance scrvicing, the certification of airworthiness.

the payment of new claims agains t existing insurance con tracts. or the

provision or renewal of direct insurance with respect to any aircrafl regislered

in Angola Olher than those on a list to I>e provided by the Go\'emment of

Angola 10 lhe Comminec crealed pursuanllo resolution 864 (1993). whic h

shall notify Meml>er Stotes, or with respect to any aircraft which entered the

territory of Angola other than through a point of entry included in the lisl

referred to in subptlr.lgraph (d) (i) above;

5. Further decid es that the measures SCI out in paragraph 4 above shall 00l

apply to cases o f medical emergency or to flights of aircraft carrying food. medicine.

or supplies for essen tial humanitarian needs, as approved in advance by the Commit-

tee created purs uant to resolution 864 ( 1993);

6. Urges all States and international and regional organiUllions to SlOp travel

by their officials and official delegations to the central headquarters ofUNITA,ellcept

for the purposes of travel to promote the peace process and human itarian assistance;

7, Decides a lso that the provisions of ptlr.lgraph 4 above shall come into force

without any further notice at 00.0 1 EST on 30 September 1997, unl ess the Security

Council decides, on the basis of I report by the Secretary-Ceneral, that UNITA has

taken concrete and irreversible steps to comply with a1l lhe obligations set out in pard.-

graphs 2 and 3 above;

Reques ts the SecfCtary-General to submit by 20 OclOber 1997. and every

ninety days thereafter , a repon on the compliance of UNITA wit h all the obligations

SCt out in paragraphs 2 and 3 above, and expresses its readiness to review the measures

sct OUI in parngrap h 4 above if the Secretary-General reports at any time that UN ITA

has fully complied wilh these obligations

9 . Expresses its readiness to consider the imposition of additional measures,

such as trade and financial resuictions , if UNIT A does not fully comply with its obli-

gations unde r the Lusaka Proiocol and all relevant Security Council resolutions;

Calls upon all States and all intemalional and regional organizations to act

strictl y in accordance with the provisio ns of this resolution notw ithsta nding the ellist-

ence of any rights or obl igations conferred or imposed by any international agreement

or any contract entered into or any licence or pennit granted prior to the date of adop-

lion of this resolution. and also calls upon all States to comply strictl y with the meas-

ures imposed in paragraphs 19,20, and 2 1 of resolution 864 (1 993);

II .

Requ ests the Committee created pursuant to resol ution 864 ( 1993)

(a) To draw up guidelines exrcditiously for the impkmerualion of

paragraph 4 of this resolution. including the designmion of offiei:.'s and of adul!

membe rs of their immcdime famili es whose entry or transit is to be prevented and

whose Ir:we l documents, visas or residence pennits are to be suspended or cancelled

in accordance wilh paragraphs 4 (a) and 4 (b) above

(b) To give f:wourablc consideration to, and decide upon. requests for the

exceptions sct Out in paragraph 5 alx)\'e

(c) To repon to the Council by 15 Novembe r 1997 reg:.rding the actions

taken by Stmes to implement the meas ures set out in paragraph 4 above

12 . Retl uCSls Member Stmes having infomlation on nights prohibited in para·

graph 4 (d) above to provide this infomlation to the Committee crc:ncd pursuant to

resolution 864 ( 1993) for distri bution to Mcm ber States

R equcst ~ also Member St:.tes to provide to th e Committee created pursu-

lint to resolution 864 ( 1993) infonnation on the measures they have adopted to imple-

ment the provisions of paragraph 4 above no later than I Novcmber 1997

C

lkma nds that the Go,·emment of Angola and , in partic ular, UN ITA coop·

erate fully wit h the Uni ted Nmlons Observer Mission in Angola (MONUA). StOp reo

stricting the verification activities of MONUA. refrain from laying new mines, and

ensure the freedom of movement and especially the safety of MONUA and other inter·

national personnel

Reiterat es its call upon the Government of An gola to notify MON UA of

any troop movement, in accordance with lhe provisions of the Lusaka Protocol

Endorses the n:commendation or the Secretary·General in his repon of 13

August 1997 to postpone the withdrawal of the United Nations military units from

Angola until the end of October 1997, with the understa nd ing that the plan is for the

drawdown to be completed in November 1997, taking into account the situation on the

ground and progress in completing the remaining relevant aspects of the peace proc-

ess. and r eq uests the Se<-retary·general 10 repon thereon no later than 20 October

1997 , including on the schedule for the resumed withdra .... 'al of military personnel

Reiterat es its belief that the long-awaited meeting within the territory of

Angola between the President of Angola and the leader of UNITA could greatly con·

tribute to the reduction of tensions. to the process of national reconciliation and to the

achievement of the goals of the peace process as a whole

Expresses its appreciation 10 the Secretary·General, his Special Representa·

tive, and the personnel of ~·I ONUA for assisting the panics in Angola to implement

the peace process

Deddl"s to remain ocliv('ly ~i7.ed uf tht' maner.

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