fir-rigward tal-Uberja

Supplimenr tal-Gazzetta tal~Gvern ta' Malta, Nru.17,112, 28 ta' Gun}u, 2001

A.L. 153 tat 1-2001

ATT DWAR POTERI LI JSIRU REGOLAMENTI

FL-INTERESS NAZZJONALI

(KAP.365)

RegoJamenti ta' 1-2001 dwar Sanzjonijiet tan-Nazzjonijiet Dnm

fir-rigward tal-Uberja

BIS-SAHHA tas-setghat moghtija bl-artikolu 3 ta' i-Att dwar

PoteriJ Ii jsiru Regolamenti fI-Interess Nazzjonali, iI-Prim Ministru

ghamel dawn ir-regolamenti Ii gejjin:-

It-titolu ta' dawn ir-regolamenti hu Regolarnenti ta' 1-2001 Titolu.

dwar Sanzjonijiet tan-Nazzjonijiet Uniti fir-rigward tal-Liberja.

(Regulation 3)

Resolution 1343 (2001)

Adopted by the Security Council at its 4287th meeting, on 7 March 2001

The Security Council,

Recalling its resolutions 1132 (1997) of 8 October 1997, 1171 (1198) of 5 June

1998, 1306 (2000) of 5 July 2000 and its other resolutions and statements of its President

on the situation in Sierra Leone and the region,

Welcoming General Assembly resolution A/RES/55/56 of 1 December 2000, in

particular its call for measures engaging all concerned parties including diamond

producing, processing, exporting and importing countries as well as the diamond industry

to break the link between diamonds and armed conflict, and its call upon all States to

implement fully Security Council measures targeting the link between the trade in conflict

diamonds and the supply to rebel movements of weapons, fuel or other prohibited

materiel,

Taking note of the report of the United Nations Panel of Experts established

pursuant to paragraph 19 of the resolution 1306 (2000) in relation to Sierra Leone

(S/200/1195),

Taking note of the findings of the panel of Experts that diamonds represent a

major and primary source of income for the Revolutionary United Front (RUF), that

the bulk of RUF diamonds leave Sierra Leone through Liberia, and that such illicit

trade cannot be conducted without the permission and involvement of Liberian

government officials at the highest levels, and expressing its deep concern at the

unequivocal and overwhelming evidence presented by the report of the Panel ofExperts

that the Government of Liberia is actively supporting the RUF at all levels,

Recalling the Economic Community of West African States (ECOWAS)

Moratorium on the Importation, Exportation and Manufacture of Small Anus and Light

Weapons in West Africa adopted in Abuja on 31 October 1998 (SI1998/1194, annex),

Taking note of the measures announced by the Government of Liberia since the

publication of the report of the Panel of Experts established pursuant to resolution

1306 (2000), and welcoming the intention of ECOWAS to monitor their implementation

in close cooperation with the United Nations and to report thereon after a period of two

months,

Recalling its concern already expressed in resolution 1306 (2000) at the role

played by the illicit diamond trade in fuelling the conflict in Sierra Leone and at reports

that such diamonds transit neighbouring countries, including Liberia,

Reiterating its call made in the statement of its President of 21 December 2000

(SIPRST/2000/41) on all States in West Africa, particularly Liberia, immediately to

cease military support for armed groups in neighbouring countries and prevent armed

individuals from using their national territory to prepare and commit attacks in

neighbouring countries,

Determining that the active support provided by the Government of Liberia for

armed rebel groups in neighbouring countries, and in particular its support for the

RUF in Sierra Leone, constitutes a threat to international peace and security in the

region,

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

A

Recalling its resolutions 788 (1992) of 19 November 1992 and 985 (1995) of 13

April 1995.

Noting that the conflict in Liberia has been resolved, that national elections have

taken place within the framework of the Yamoussoukro N Agreement of 30 October

1991 (S/24815, annex) and that the Final Communique of the informal consultative

group meeting of ECOWAS Committee of Five on Liberia issued in Geneva on 7

April 1992 (S/23863) has been implemented, and determining therefore that the embargo

imposed by paragraph 8 of resolution 788 (1992) should be terminated,

1. Decides to terminate the prohibitions imposed by paragraph 8 of resolution

788 (1992) and to dissolve the Committee established under resolution 985 (1995);

2. Demands that the Government of Liberia immediately cease its support for

the RUF in Sierra Leone and for other armed rebel groups in the region, and in particular

take the following concrete steps

(a) expel all RUF members from Liberia, including such individuals as are

listed by the Committee established by paragraph 14 below, and prohibit all RUF

activities on its territory, provided that nothing in this paragraph shall oblige Liberia

to expel its own nationals from its territory;

(b) cease all financial and, in accordance with resolution 1171 (1998),

military support to the RUF, including all transfers of arms and ammunition, all

military training and the provision of logistical and communications support, and

take steps to ensure that no such support is provided from the territory of Liberia

or by its nationals;

(c) cease all direct or indirect import of Sierra Leone rough diamonds which

are not controlled through the Certificate of Origin regime of the Government of

Sierra Leone, in accordance with resolution 1306 (2000);

(d) freeze funds or financial resources or assets that are made available by

its nationals or within its territory directly or indirectly for the benefit of the RUF

or entities owned or controlled directly or indirectly by the RUF;

(e) ground all Liberia-registered aircraft operating within its jurisdiction

until it updates its register of aircraft pursuant to Annex VII to the Chicago

Convention on International Civil Aviation of 1944 and provides to the Council

the updated information concerning the registration and ownership ofeach aircraft

registered in Liberia;

3. Stresses that the demands in paragraph 2 above are intended to lead to

further progress in the peace process in Sierra Leone, and, in that regard, calls upon the

President of Liberia to help ensure that the RUF meet the following objectives

(a) allow the United Nations Mission in Sierra Leone (UNAMSD....) free

access throughout Sierra Leone;

(b)

release all abductees;

(c) enter their fighters in the disarmament, demobilization and reintegration

process;

B

(d)

return all weapons and other equipment seized from UNAMSIL;

4. Demands that all States in the region take action to prevent armed individuals

and groups from using their territory to prepare and commit attacks on neighbouring

countries and refrain from any action that might contribute to further destabilization of

the situation on the borders between Guinea, Liberia and Sierra Leone;

5. (a) Decides that all States shall take the necessary measures to prevent the

sale or supply to Liberia, 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 territories;

(b) Decides that all States shall take the necessary measures to prevent any

provision to Liberia by their nationals or from their territories of technical training

or assistance related to the provision, manufacture, maintenance or use of the

items in subparagraph (a) above;

(c) Decides that the measures imposed by subparagraphs (a) and (b) above

shall not apply to supplies of non-lethal military equipment intended solely for

humanitarian or protective use, and related technical assistance or training, as

approved in advance by the Committee established by paragraph 14 below;

(d) Affirms that the measures imposed by subparagraph (a) above do not

apply to protective clothing, including flak jackets and military helmets,

temporarily exported to Liberia by United Nations personnel, representatives of

the media and humanitarian and development workers and associated personnel,

for their personal use only;

6. Decides further that all States shall take the necessary measures to prevent

the direct or indirect import of all rough diamonds from Liberia, whether or not such

diamonds originated in Liberia;

F'dawn ir-regolamenti, kernm-il darba r-rabta tal-kliem rna Tif,ir.

tkunx tehtieg xort'ohra -

"armamenti" tfisser armi regulari kif imfissra fl-artikolu M( 1)

taJ-Kodici Kriminali u tinkludi kull parti komponenti maghhom u Kap.9.

kull accessorju ghalihom.

Ghall-finijiet ta' l-artikolu 3(4) ta' l-Att,ir-RiZoluzzjoni qeghda Tesl ta'

tigi ppubblikata bl-ilsien Inglii fl-Iskeda Ii tinsab rna' dawn ir- Riioluzxjoni.

regolamenti.

(1) Minkejja d-disposizzjonijiet ta' kullligi ohm, u bla hsara ProjbizzjoJli ta'

gnas-subregolament (2) u s-subregolament (3) ta' dan ir-regolament, il- ~j~:~:;~

bejghjew i1~rovvista, b'kull mod Ii jkun jew pennezz ta' bastiment registrat taghmir militari

Malta jew ingenju ta' l-ajru registrat Malta, rninn xi persuna f'Malta jew Ul-Liberja, etC.

minn xi cittadin jew residenti pennanenti f'Malta, sew fMalta jew

band'oOra, ta' armamenti u materjal relatat ta' kuIl tip, inkluzi armi U

munizzjon, vetturi militari u taghmir, taghrnir paramilitari u spare parts

ghal dak kollu hawn qabeI imsemrni, sew jekk dawn il-hwejjeg ikunu

joriginaw f'Malta jew band'obra, lil-Liberja, il-provvista lil-Liberja ta' xi

tahrig tekniku jew assistenza Ii jkollhom x'jaqsmu mal-fomiment,

manifattura, manutenzjonijew uZu ta' l-oggetti hawn qabel imsernmija, u

l-importazzjoni direttajew indiretta ta' kulldjamantgrezz mil-Liberja,&ew

jekk dawk id-djamanti jkunu sew jekk rna jkunux originaw fiI-Liberja,

hurna projbiti.

(2) Id-disposizzjonijiet tas-subregolament (1) ta' dan ir-

regolament m'ghandhomx japplikaw ghaJ provvisti ta' taghmirmilitari

mhux letali Ii jkun unikament intii ghal uiu umamtarju jew protettiv u

ghaI assistenza jew tahrig tekniCl relatati, kif approvali bil-quddiem mill-

Kumitat imwaqqaf taht il-paragrafu 14 tar-Ri.zoluzzjooi Numru 1343

(2001).

Id-disposizzjonijiet tas-subregolament (1) 11 ghaodhom

(3)

x'jaqsmu mal-bejg~jew'il-provvista ta' armi u materjal relatat ta' kull

ghamla, inkluZi armi u munizzjon, vetturi militari u taghmir u spare

parts ghal dak kolJu hawn qabel imsemmi, rn'ghandhomx ikunu

japplikaw gilal ilbies protettiv, inkluzi ggiegetkontra I-jlak l.l ehnijiet

militari, temporanjament esportati lejn il-Liberja minn persunal tan-

Nazzjonijiet Uniti, minn rapprezentanti tal-media u haddiema umanitarji

u ghall-izvilupp u persuna1 assocjat ghall-uiu personali taghhom biss.

Kull min jinsab hati ta' reat kontra dawn ir':'regolamenti ghandu,

meta jinsab hati,jehel multa ta' mhux iijed'Inion hamsin elflira Maltija.

Ir-Regolamenti ta' 1-1995 dwar Sanzjonijiet tan-Nazzjonijiet

Uniti fir-rigward tal-Liberia, burna b'dawn imhassra IDinghajr

pregudizzju ghal kul] praeediment legali Ii seta' obeda taht dawk ir-

regolarnenti u Ii jkun ghadu pendenti.

(a) Decides also that all States shall take the necessary measures to prevent

the entry into or transit through their territories of senior members of the

Government of Liberia and its armed forces and their spouses and any other

individuals providing financial and military support to armed rebel groups in

countries neighbouring Liberia, in particular the RUF in Sierra Leone, as designated

by the Committee established by paragraph 14 below, provided that nothing in

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

nationals, and provided that nothing in this paragraph shall impede the transit of

representatives of the Government of Liberia to United Nations Headquarters to

conduct United Nations business or the participation of the Government of Liberia

in the official meetings of the Mano Ri ver Union, ECOWAS and the Organization

of African Unity;

(b) Decides that the measures imposed by subparagraph (a) above shall

not apply where the Committee established by paragraph 14 below determines

that such travel is justified on the grounds of humanitarian need, including religious

obligation, or where the Committee concludes that exemption would otherwise

promote Liberian compliance with the demands of the Council, or assist in the

peaceful resolution of the conflict in the subregion;

Further decides that the measures imposed by paragraphs 6 and 7 above

shall come into force at 00.01 Eastern Daylight Time two months after the date of

adoption of this resolution, unless the Security Council determines before that date

that Liberia has complied with the demands in paragraph 2 above, taking into account

the report of the Secretary-General referred to in paragraph 12 below, inputs from

ECOWAS, relevant information provided by the Committee established by paragraph

14 below and the Committee established pursuant to resolution 1132 (1997) and any

other relevant information;

Decides that the measures imposed by paragraph 5 are established for 14

months and that, at the end of the period, the Council will decide whether the

Government of Liberia has complied with the demands in paragraph 2 above, and,

accordingly, whether to extend these measures for a further period with the same

conditions;

Decidesfurther that the measures imposed by paragraphs 6 and 7 above are

established for a period of 12 months, and that at the end ofthis period the Council will

decide whether the Government of Liberia has complied with the demands in paragraph

2 above, and, accordingly, whether to extend these measures for a further period with

the same conditions;

Decides also that the measures imposed by paragraphs 5 to 7 above shall be

terminated immediately if the Council, taking into account, inter alia, the reports of the

Panel ofExperts referred to in paragraph 19 below and of the Secretary-General referred

to in paragraph 12 below, inputs from ECOWAS, any relevant information provided

by the Committee established by paragraph 14 below and the Committee established

pursuant to resolution 1132 (1997) and any other relevant information, determines that

the Government of Liberia has complied with the demands in paragraph 2 above;

Requests the Secretary-General to submit a first report to the Council by 30

April 200 1 and thereafter at 6-month intervals from that date, drawing on information

from all relevant sources, including the United Nations Office in Liberia, UNAMSIL

and ECOWAS, on whether Liberia has complied with the demands in paragraph 2

above and on any progress made towards the objectives set out in paragraph 3 above,

and calls on the Government of Liberia to support United Nations efforts to verify all

information on compliance which is brought to the United Nations notice;

Requests the Secretary-General to provide to the Council six months from

the date of the adoption of this resolution

(a) a preliminary assessment of the potential economic, humanitarian and

social impact on the Liberian population of possible follow-up action by the

Council in the areas of investigation indicated in paragraph 19 (c) below;

(b) a report on the steps taken by the Government of Liberia to improve its

capacity in air traffic control and surveillance in accordance with the

recommendations ofthe Panel of Experts established pursuant to resolution 1306

(2000) and any advice which may be provided by ICAO;

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 information regarding the actions taken by them

to implement effectively the measures imposed by paragraphs 5 to 7 above, and

thereafter to request from them whatever further information it may consider

necessary;

(b) to consider, and to take appropriate action on, information brought to

its attention by States concerning alleged violations of the measures imposed by

paragraphs 5 to 7 above, identifying where possible persons or entities, including

vessels or aircraft, reported to be engaged in such violations, and to make periodic

reports to the Council;

(c) to promulgate expeditiously such guidelines as may be necessary to

facilitate the implementation of the measures imposed by paragraphs 5 to 7 above;

(d) to give consideration to and decide upon requests for the exemptions

set out in paragraphs 5 (c) and 7 (b) above;

(e) to designate the individuals subject to the measures imposed by

paragraph 7 above, and to update this list regularly;

(f) to make information it considers relevant, including the list referred to

in subparagraph (e) above, publicly available through appropriate media, including

through the improved use of information technology;

(g) to make recommendations to the Council on ways of increasing the

effectiveness of the measures imposed by paragraphs 5 to 7 above and on ways to

limit unintended effects, if any, of these measures on the Liberian population;

(h) to cooperate with other relevant Security Council Sanctions Committees,

in particular that established pursuant to resolution 1132 (1997) and that established

pursuant to resolution 864 (1993);

(i) to establish a list of RUF members present in Liberia as referred to in

paragraph 2 (a) above;

Calls upon the Government of Ljberia to establish an effective Certificate

of Origin regime for trade in rough diamonds that is transparent and internationally

verifiable and has been approved by the CommHtee established by paragraph 14 above,

to come into operation after the measures imposed by paragraphs 5 to 7 above have

been terminated in accordance with this resolutjon;

Urges all diamond exporting countries jn West Africa to establish Certificate

of Origin regimes for the trade in rough diamonds similar to that adopted by the

Government of Sierra Leone, as recommended by the Panel of Experts established

pursuant to resolution 1306 (2000), and calls upon States, relevant international

organizations and other bodies in a position to do so to offer assistance to those

Governments to that end;

Calls upon the international community to provide the necessary assistance

to reinforce the fight against the proliferation and micit trafficking of light weapons in

West Africa, in particular the implementation of the ECOWAS Moratorium on the

Importation, Exportation and Manufacture of Small Arms and Light Weapons in West

Africa, and to improve air traffic control in the West African subregion;

Requests all States to report to the Committee established by paragraph 14

above, within 30 days of the promulgation of the list referred to in paragraph 14 (e)

above, on the actions they have taken to implement the measures imposed by paragraphs

5 to 7 above;

Requests the Secretary-General to establish, within one month from the date

of adoption of this resolution, in consultation with the Committee established by

paragraph 14 above, a Panel of Experts for a period of six months consisting of no

more than five members, drawing, as much as possible and as appropriate, on the

expertise of the members of the Panel of Experts established pursuant to resolution

1306 (2000), with the following mandate

(a) to investigate any violations of the measures imposed by paragraphs 5

to 7 above;

(b) to collect any information on the compliance by the Government of

Liberia with the demands in paragraph 2 above, including any violations by the

Government of Liberia of the measures imposed by paragraph 2 of resolution

1171 (1998) and paragraph 1 of resolution 1306(2000);

(c) to further investigate possible links between the exploitation of natural

resources and other forms of economic activity in Liberia, and the fuelling of

conflict in Sierra Leone and neighbouring countries, in particular those areas

highlighted by the report of the Panel of Experts established pursuant to resolution

1306 (2000);

(d) to collect any information linked to the illegal activities ofthe individuals

referred to in paragraph 21 below and to any other alleged violations of this

resolution;

(e) to report to the Council through the Committee established by paragraph

14 above no later than six months from the date of adoption of this resolution

with observations and recommendations in the areas set out in subparagraphs (a)

to Cd) above;

(f) to keep the Committee established by paragraph 14 above updated on

their activities as appropriate;

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

Requests the Panel of Experts referred to in paragraph 19 above, as far as

possible, to bring any relevant information collected in the course of its investigations

conducted in accordance with its mandate to the attention of the States concerned for

prompt and thorough investigation and, where appropriate, corrective action, and to

allow them the right of reply;

Calls upon all States to take appropriate measures to ensure that individuals

and companies in their jurisdiction, in particular those referred to in the report of the

Panel of Experts established pursuant to resolution 1306 (2000), act in conformity

with United Nations embargoes, in particular those established by resolutions 1171

(1998), 1306 (2000) and this resolution, and, as appropriate, take the necessary judicial

and administrative action to end any illegal activities by those individuals and

companies;

Calls upon all States 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 entered into or any licence or permit granted

prior to the date of adoption of this resolution;

Decides to conduct reviews of the measures imposed by paragraphs 5 to 7

above not more than sixty days after the adoption of this resolution, and every six

months thereafter;

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

organizations and interested parties to cooperate fully with the Committee established

by paragraph 14 above and the Panel of Experts referred to in paragraph 19 above,

including by supplying information on possible violations ofthe measures imposed by

paragraphs 5 to 7 above;

Decides to remain actively seized of the matter.