Regulations, 2000

L.N. 188 of 2000

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Ethiopia and Eritrea) (Amendment)

Regulations, 2000

IN EXERCISE of the powers conferred by article 3 of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the United Nations Sanctions Citation.

(Ethiopia and Eritrea) (Amendment) Regulations, 2000, and shall be

read and construed as one with the United Nations Sanctions (Ethiopia

and Eritrea) Regulations, 1999, hereinafter called "the principal LN. 74 of 1999.

regulations" .

In regulation 2 of the principal regulations, for the definition Amends regulation

of "Act" there shall be substituted the following:-

2 ofthc: principal

regulations .

""the Act" means the National Interest (Enabling Powers) Act;".

For regulation 3 of the principal regulations there shall be Amends regulation

. .

3 of the principal

SubstItuted the followmg:-

regulations.

"3.

For the purpose of article 3 (4) of the Act -

(a) Resolution number 1227 (1999) is published in the

English language in the First Schedule to these regulations;

(b) Resolution number 1298 (2000) is published in the

English language in the Second Schedule to these

regulations." .

Immediately after regulation 4 of the principal regulations there Adds n~w

. .

regulations 4A and

shall be added the followmg new regulatlOns:-

48 to the principal

regulations.

'"Prohibition

Notwithstanding any other law, the sale or supply,

in any manner whatsoever, by any person in Malta or by any

citizen or permanent resident of Malta, whether in Malta or

elsewhere, or by using their flag vessels or aircraft, of all

types of materiel related to arms, including weapons and

ammunition, military vehicles and equipment, paramilitary

equipment and spare parts for the aforementioned to Eritrea

and Ethiopia, is prohibited.

Prohibition of

Notwithstanding any other law, the provision to

Eritrea and Ethiopia in any manner whatsoever, by any person

in Malta or by any citizen or permanent resident of Malta,

whether in Malta or elsewhere, of technical assistance or any

training related to the provision, manufacture, maintenance

or use of any of the items mentioned in regulation 4A, is

prohibited." .

The Schedule to the principal regulations shall be renumbered

as the First Schedule, and immediately thereafter there shall be inserted

the following new Schedule:-

"SECOND SCHEDULE

(Regulation 3)

Resolution 1298 (2000)

Adopted by the Security Council at its 4144th meeting

on 17th May, 2000

The Security Council,

Recalling its resolution 1177 (1998) of 26 June 1998, 1226

(1999) of29 January 1999, 1227 (1999) of 10 February 1999 and

1297 (2000) of 12 May 2000.

Recalling in particular its urging of all States to end all sales

of arms and munitions to Eritrea and Ethiopia contained in its

resolution 1227 (1999),

Deeply disturbed by the continuation of fighting between

Eritrea and Ethiopia,

Deploring the loss of human life resulting from the fighting,

and strongly regretting the negative impact the diversion of

resources to the conflict continues to have on efforts to address the

ongoing humanitarian food crisis in the region,

Stressing the need for both parties to achieve a peaceful

resolution of the conflict,

Reaffirming the commitment of all Member States to the

sovereignty, independence and territorial integrity of Eritrea and

Ethiopia,

Expressing its strong support for the efforts of the

Organization of African Unity (OAU) to achieve a peaceful

resolution of the conflict,

Noting that the proximity talks held in Algiers from 29 April

to 5 May 2000 and reported in the OAU Communique of 5 May

2000 (S/2000/394) were intended to assist the two parties to arrive

at a final detailed peace implementation plan acceptable to each of

them, which would lead to the peaceful resolution of the conflict,

Recalling the efforts of the Security Council, including

through its Mission to the region, to achieve a peaceful resolution

of the situation,

Convinced of the need for further and immediate diplomatic

efforts,

Noting with concern that the fighting has serious humanitarian

implications for the civilian population of the two States,

Stressing that the hostilities constitute an increasing threat to

the stability, security and economic development of the subregion,

Determining that the situation between Eritrea and Ethiopia

constitutes a threat to regional peace and security,

Acting under Chapter vn of the Charter of the United Nations,

1. Strongly condemns the continued fighting between Eritrea

and Ethiopia;

2. Demands that both parties immediately cease all military

action and refrain form the further use of force;

3. Demands further that both parties withdraw their forces

from military engagement and take no action that would aggravate

tensions;

4. Demands the earliest possible reconvening, without

preconditions, of substantive peace talks, under OAU auspices,

on the basis of the Framework Agreement and the Modalities and

of the work conducted by the OAU as recorded in its Communique

issued by its current Chairman of 5 May 2000 (S/2000/394), which

would conclude a peaceful definitive settlement of the conflict;

5. Requests that the current Chairman of the OAU consider

dispatching urgently his Personal Envoy to the region to seek

immediate cessation of hostilities and resumption ofthe peace talks;

Decides that all States shall prevent

(a) the sale or supply to Eritrea and Ethiopia, by their

nationals or from their territories, or using their flag vessels

or aircraft, of arms and related materiel of all types, including

weapons and ammunition, military vehicles and equipment,

paramilitary equipment and spare parts for the

aforementioned, whether or not originating in their territory;

(b) any provision to Eritrea and Ethiopia by their

nationals or from their territories of technical assistance or

training related to the provision, manufacture, maintenance

or use of the items in (a) above;

Decides also that the measures imposed by paragraph 6

above shall not apply to supplies of non-lethal military equipment

intended solely for humanitarian use, as approved in advance by

the Committee established by paragraph 8 below;

Decides to establish, in accordance with rule 28 of its

provisional rules ofprocedure, a Committee of the Security Council

consisting of all the members of the Council, to undertake the

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

observations and recommendations

(a) to seek from all States further information regarding

the action taken by them with a view to implementing

effectively the measures imposed by paragraph 6 above, and

thereafter to request from them whatever further information

it may consider necessary;

(b) to consider information brought to its attention by

States concerning violations of the measures imposed by

paragraph 6 above and to recommend appropriate measures

in response thereto;

(c) to make periodic reports to the Security Council

on information submitted to it regarding alleged violations of

the measures imposed by paragraph 6 above, identifying

where possible persons or entities, including vessels and

aircraft, reported to be engaged in such violations;

Determining that the situation between Eritrea and Ethiopia

constitutes a threat to regional peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Strongly condemns the continued fighting between Eritrea

and Ethiopia;

2. Demands that both parties immediately cease all military

action and refrain from the further use of force;

3. Demandsfurther that both parties withdraw their forces

from military engagement and take no action that would aggravate

tensions;

4. Demands the earliest possible reconvening, without

preconditions, of substantive peace talks, under GAU auspices,

on the basis of the Framework Agreement and the Modalities and

ofthe work conducted by the GAU as recorded in its Communique

issued by its current Chairman of 5 May 2000 (SI2000/394), which

would conclude a peaceful definitive settlement of the conflict;

5. Requests that the current Chairman of the GAU consider

dispatching urgently his Personal Envoy to the region to seek

immediate cessation of hostilities and resumption of the peace talks;

6. Decides that all States shall prevent

(a) the sale or supply to Eritrea and Ethiopia, by their

nationals or from their territories, or using their flag vessels

or aircraft, of arms and related materiel of all types, including

weapons and ammunition, military vehicles and equipment,

paramilitary equipment and spare parts for the

aforementioned, whether or not originating in their territory;

(b) any provision to Eritrea and Ethiopia by their

nationals or from their territories of technical assistance or

training related to the provision, manufacture, maintenance

or use of the items in (a) above;

7. Decides also that the measures imposed by paragraph 6

above shall not apply to supplies of non-lethal military equipment

intended solely for humanitarian use, as approved in advance by

the Committee established by paragraph 8 below;

8. Decides to establish, in accordance with 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

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

observations and recommendations

(a) to seek from all States further information regarding

the action taken by them with a view to implementing

effectively the measures imposed by paragraph 6 above, and

thereafter to request from them whatever further information

it may consider necessary;

(b) to consider information brought to its attention by

States concerning violations of the measures imposed by

paragraph 6 above and to recommend appropriate measures

in response thereto;

(c) to make periodic reports to the Security Council

on information submitted to it regarding alleged violations of

the measures imposed by paragraph 6 above, identifying

where possible persons or entities, including vessels and

aircraft, reported to be engaged in such violations;

(d) to promulgate such guidelines as may be necessary

to facilitate the implementation of the measures imposed by

paragraph 6 above;

(e) to give consideration to, and decide upon, requests

for the exceptions set out in paragraph 7 above;

(f) to examine the reports submitted pursuant to

paragraphs 11 and 12 below;

Calls upon all States and all international and regional

organizations to act strictly in conformity with this resolution,

notwithstanding the existence of any rights granted or obligations

conferred or imposed by any international agreement or of any

contract entered into or any licence or permit granted prior to the

entry into force of the measures imposed by paragraph 6 above;

Requests the Secretary-General to provide all necessary

assistance to the Committee established by paragraph 8 above and

to make the necessary arrangements in the Secretariat for this

purpose;

Requests States to report in detail to the Secretary-

General within 30 days of the date of adoption of this resolution

on the specific steps they have taken to give effect to the measures

imposed by paragraph 6 above;

Requests all States, relevant United Nations bodies and,

as appropriate, other organizations and interested parties to report

information on possible violations of the measures imposed by

paragraph 6 above to the Committee established by paragraph 8

above;

Requests the Committee established by paragraph 8

above to make information it considers relevant publicly available

through appropriate media, including through the improved use of

information technology;

Requests the Government of Eritrea and Ethiopia and

other concerned parties to establish appropriate arrangements for

the provision of humanitarian assistance and to endeavour to ensure

that such assistance responds to local needs and is safely delivered

to, and used by, its intended recipients;

Requests the Secretary-General to submit an initial report

to the Council within 15 days of the date of adoption of this

resolution on compliance with paragraphs 2, 3 and 4 above, and

thereafter every 60 days after the date of adoption of this resolution

on its implementation and on the humanitarian situation in Eritrea

and Ethiopia;

Decides that the measures imposed by paragraph 6 above

are established for twelve months and that, at the end of this period,

the Council will decide whether the Governments of Eritrea and

Ethiopia have complied with paragraphs 2, 3 and 4 above, and

accordingly, whether to extend these measures for a further period

with the same conditions;

Decides also that the measures imposed by paragraph

6 above shall be terminated immediately if the Secretary-General

reports that a peaceful definitive settlement of the conflict has been

concluded;

Decides to remain seized of the matter.".