United Nations Sanctions (Sierra Leone) Regulations, 2000

. L.N.189 of 2000

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Sierra Leone) Regulations, 2000

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

Interest (Enabling Powers) Act, hereinafter referred to as "the Act",

the Prime Minister has made the following regulations:-

The title of these regulations is the United Nations Sanctions

(Sierra Leone) Regulations, 2000.

(Regulation 2)

Resolution 1306 (2000)

Adopted by the Security Council at its 4168th meeting,

on 5 July 2000

The Security Council,

Recalling its previous resolutions and the statements of its President concerning

the situation in Sierra Leone, and in particular its resolutions 1132 (1997) of 8 October

1997, 1171 (1998) of 5 June 1998 and 1299 (2000) of 19 May 2000,

Affirming the commitment of all States to respect the sovereignty, political

independence and territorial integrity of Sierra Leone,

Having considered the report of the Secretary-General of 19 May 2000 (SI20001

455), and in particular its paragraph 94,

Determining that the situation in Sierra Leone continues to constitute a threat to

international peace and security in the region,

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

A

Expressing its concern at the role played by the illicit trade in diamonds in fuelling

the conflict in Sierra Leone, and at reports that such diamonds transit neighbouring

countries, including the territory of Liberia,

Welcoming ongoing efforts by interested States, the International Diamond

Manufacturers Association, the World Federation of Diamond Bourses, the Diamond

High Council, other representatives of the diamond industry and non-governmental

experts to improve the transparency of the international diamond trade, and encouraging

further action in this regard,

Emphasizing that the legitimate diamond trade is of great economic importance

for many States, and can make a positive contribution to prosperity and stability and

to the reconstruction of countries emerging from conflict, and emphasizing further

that nothing in this resolution is intended to undermine the legitimate diamond trade

or to diminish confidence in the integrity of the legitimate diamond industry,

Welcoming the decision taken by the member States of the Economic Community

of West African States (ECOWAS) at their Abuja summit on 28-29 May 2000 to

undertake a regional inquiry into the illegal trade in diamonds,

Taking note of the letter of 29 June 2000 to its President from the Permanent

Representative of Sierra Leone to the United Nations and of its enclosure (S/2000/

641),

1. Decides that all States shall take the necessary measures to prohibit the direct

or indirect import of all rough diamonds from Sierra Leone to their territory;

2. Requests the Government of Sierra Leone to ensure, as a matter of urgency,

that an effective Certificate of Origin regime for trade in diamonds is in operation in

Sierra Leone;

3. Also requests States, relevant international organizations and other bodies in

a position to do so to offer assistance to the Government of Sierra Leone to facilitate

the full operation of an effective Certificate of Origin regime for Sierra Leone rough

diamonds;

4. Further requests the Government of Sierra Leone to notify the Committee

established by resolution 1132 (1997) ("the Committee") of the details of such a

Certificate of Origin regime when it is fully in operation;

For the purpose of subarticle (4) of article 3 of the Act, Security

Council Resolution 1306 (2000) is published in the English Language

in the Schedule to these regulations.

(1) Notwithstanding any other law, and subject to

subregulation (2) of this regulation, the importation into Malta in any

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

permanent resident in Malta, of any rough diamonds from Sierra Leone,

is prohibited.

(2) The provisions of subregulation (1) of this regulation

shall not apply to any rough diamonds controlled by the Government of

Sierra Leone through the Certificate of Origin regime.

Any person found guilty of an offence against these regulations

shall, on conviction, be liable to a fine (multa) not exceeding fifty

thousand Maltese -liri.

Decides that rough diamonds controlled by the Government of Sierra Leone

through the Certificate of Origin regime shall be exempt from the measures imposed

in paragraph 1 above when the Committee has reported to the Council, taking into

account expert advice obtained at the request of the Committee through the Secretary-

General, that an effective regime is fully in operation;

Decides that the measures referred to in paragraph 1 above are established

for an initial period of 18 months, and affirms that, at the end of this period, it will

review the situation in Sierra Leone, including the extent of the Government's authority

over the diamond-producing areas, in order to decide whether to extend these measures

for a further period and, if necessary, to modify them or adopt further measures;

Further decides that the Committee shall also undertake the following tasks

(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 1 above;

(b) To consider information brought to its attention concerning violations

ofthe measures imposed by paragraph 1 above, identifying where possible persons

or entities, including vessels, reported to be engaged in such violations;

(c) To make periodic reports to the Security Council on information

submitted to it regarding alleged violations of the measures imposed by paragraph

1 above, identifying where possible persons or entities, including vessels, 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 1 above;

(e) To continue its cooperation with other relevant sanctions committees

in particular that established pursuant to resolution 985 (1995) of 13 April 1995

concerning Liberia and that established pursuant to resolution 864 (1993) of 15

September 1993 concerning the situation in Angola;

Requests all States to report to the Committee established by resolution 1132

(1997), within 30 days of the adoption of this resolution, on the actions they have

taken to implement the measures imposed by paragraph 1 above;

Calls upon all States, in particular those through which rough diamonds from

Sierra Leone are known to transit, and all relevant international and regional

organizations to act strictly in accordance with the provisions of this resolution

notwithstanding the existence of any rights or obligations conferred or imposed by any

international agreement or any contract entered into or any licence or pennit granted

prior to the date of adoption of this resolution;

Encourages the International Diamond Manufacturers Association, the World

Federation of Diamond Bourses, the Diamond High Council and all other representatives

of the diamond industry to work with the Government of Sierra Leone and the

Committee to develop methods and working practices to facilitate the effective

implementation of this resolution;

Invites States.. internationa! organizations, members of the diamond industry

and other relevant entities in a position to do so to offer assistance to the Government

of Sierra Leone to contribute to the further development of a well structured and well-

regulated diamond industry that provides for the identification of the provenance of

rough diamonds;

Requests the Committee to hold an exploratory hearing in New York no

later than 31 July 2000 to assess the role of diamonds in the Sierra Leone conflict and

the link between trade in Sierra Leone diamonds and trade in arms and related materiel

in violation of resolution 1171 (1998), involving representatives of interested States

and regional organizations, the diamond industry and other relevant experts, requests

the Secretary-General to provide the necessary resources, and further requests the

Committee to report on the hearing to the Council;

Welcomes the commitments made by certain members of the diamond

industry not to trade in diamonds originating from conflict zones, including in Sierra

Leone, urges all other companies and individuals involved in trading in rough diamonds

to make similar declarations in respect of Sierra Leone diamonds, and underlines the

importance of relevant financial institutions encouraging such companies to do so;

Stresses the need for the extension of government authority to the diamond-

producing areas for a durable solution to the problem of illegal exploitation of diamonds

in Sierra Leone;

Decides to conduct a first review on the measures imposed by paragraph 1

above no later than 15 September 2000, and further such reviews every six months

after the date of adoption of the resolution, and to consider at those times what further

measures may be necessary;

Urges all States, relevant United Nations bodies and, as appropriate, other

organizations and interested parties to report to the Committee information on possible

violations of the measures imposed by paragraph 1 above;

B

Stressing the need to ensure effective implementation of the measures concerning

arms and related materiel imposed by paragraph 2 of resolution 1171 (1998),

Stressing the obligation of all Member States, including those neighbouring Sierra

Leone, to comply fully with the measures imposed by the Council,

Recalling the ECOWAS Moratorium on the Importation, Exportation and

Manufacture of Light Weapons in West Africa adopted in Abuja on 31 October 1998

(S/1998/1194, annex),

Reminds States of their obligation to implement fully the measures imposed

by resolution 1171 (1998), and calls upon them, where they have not already done so,

to enforce, strengthen or enact, as appropriate, legislation making it a criminal offence

under domestic law for their nationals or other persons operating on their territory to

act in violation of the measures imposed by paragraph 2 of that resolution, and to

report to the Committee not later than 31 July 2000 on the implementation of those

measures;

Urges all States, relevant United Nations bodies and, as appropriate, other

organizations and interested parties to report to the Committee information on possible

violations of the measures imposed by the Council;

Requests the Secretary-General, in consultation with the Committee, to

establish a panel of experts, for an initial period of four months, consisting of no more

than five members

(a) To collect information on possible violations of the measures imposed

by paragraph 2 of resolution 1171 (1998) and the link between trade in diamonds

and trade in arms and related materiel including through visits to Sierra Leone

and other States as appropriate, and making contact with those they consider

appropriate, including diplomatic missions;

(b) To consider the adequacy, for the purpose of detecting flights of aircraft

suspected of carrying arms and related materiel across national borders in violation

of the measures imposed by paragraph 2 of resolution 1171 (1998), of air traffic

control systems in the region;

(c)

To participate, if possible, in the hearing referred to in paragraph 12

above;

(d) To report to the Council through the Committee with observations and

recommendations on strengthening the implementation of the measures imposed

by paragraph 2 ofresolution 1171 (1998), and of those imposed by paragraph 1

above, no later than 31 October 2000;

andfurther requests the Secretary-General to provide the necessary resources;

Expresses its readiness, on the basis, inter alia, of the report produced

pursuant to paragraph 19 (d) above, to consider appropriate action in relation to States

that it determines to have violated the measures imposed by paragraph 2 of resolution

1171 (1998) and paragraph 1 above;

Urges all States to cooperate with the panel in the discharge of its mandate,

and underlines, in this regard, the importance of the cooperation and technical expertise

of the Secretariat and other parts of the United Nations system;

Requests the Committee to strengthen existing contacts with regional

organizations, in partic',Jar ECOWAS and the Organization ofAfrican unity, and relevant

international organizations, including INTERPOL, with a view to identifying ways to

improve effective implementation of the measures imposed by paragraph 2 of resolution

1171 (1998);

Requests the Committee to make information it considers relevant publicly

available through appropriate media, including through the improved use of information

technology;

Requests the Secretary-General to publicize the provisions of this resolution

and the obligations imposed by it;

Decides to remain actively seized of the matter.