United Nations Sanctions (Liberia)

L.N. 236 of 2003

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Liberia)

(Amendment) Regulations, 2003

IN exercise of the powers conferred by article 3(1) 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.

(Liberia) (Amendment) Regulations, 2003, and they shall be read and

construed as one with the United Nations Sanctions (Liberia)

Regulations, 2001, hereinafter referred to as “the principal regulations”. L.N. 153 of 2001.

In regulation 3 of the principal regulations, immediately after Amends regulation

sub-regulation (2) there shall be added the following new sub- 3 regulations.

regulation>–

“(3) For the purposes of subarticle (4) of article 3 of the

Act, Resolution 1478 (2003) adopted by the Security Council of

the United Nations on the 6th May, 2003, is being published in

Schedule 1478 (2003) to these regulations.”.

In regulation 7 of the principal regulations, immediately after Amends regulation

7 of the principal

the words “from the 7th May, 2002” there shall be added the words “, regulations.

and there shall further now apply the provisions of Resolution 1478

(2003) adopted by the Security Council of the United Nations on the

6th May, 2003 by means of which the measures imposed by the said

paragraphs 5, 6 and 7 shall remain in force for a further period of 12

months from the 7th May, 2003.”.

Immediately after regulation 7 of the principal regulations there Adds new

regulation 8

shall be added the following new regulation>–

to the principal

regulations.

(1) Notwithstanding the provisions of any other

“Importation

of timber

law, the importation into Malta of all round logs and timber

products.

products originating in Liberia, is prohibited.

(2) For the purposes of paragraph 9 (b) of

Resolution 1478 (2003), sub-regulation (1) hereof shall be in

force up till the 6th May, 2004.”.

Adds new

Immediately after SCHEDULE 1408 (2002) there

Schedule

shall

be added the new SCHEDULE 1478 (2003) as follows>–

1478#2003 to

the principal

regulations.

“SCHEDULE 1478 (2003)

Resolution 1478 (2003)

Adopted by the Security Council at its 4751st meeting, on 6 May 2003

The Security Council,

Recalling its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June

1998, 1306 (2000) of 5 July 2000, 1343 (2001) of 7 March 2001, 1385 (2001) of 19

December 2001, 1395 (2002) of 27 February 2002, 1400 (2002) of 28 March 2002,

1408 (2002) of 6 May 2002, 1458 (2003) of 28 January 2003, 1467 (2003) of 18

March 2003 and its other resolutions and statements of its President on the situation in

the region,

Taking note of the Secretary-General’s report of 22 April 2003 (S#2003#466),

Taking note of the reports of the United Nations Panel of Experts on Liberia

dated 25 October 2002 (S#2002#1115) and 24 April 2003 (S#2003#498) submitted

pursuant to paragraph 16 of resolution 1408 (2002) and paragraph 4 of resolution 1458

(2003) respectively,

Expressing serious concern at the findings of the Panel of Experts about the actions

of the Government of Liberia and the LURD and other armed rebel groups, including

the evidence that the Government of Liberia continues to breach the measures imposed

by resolution 1343 (2001), particularly through the acquisition of arms,

Welcoming General Assembly Resolution A#Res#57#302 of 15 April 2003, and

Security Council resolution 1459 (2003), welcoming the launch of the Kimberley

Process on 1 January 2003, and recalling its concern at the role played by the illicit

trade in diamonds in the conflict in the region,

Welcoming the continued efforts of the Economic Community of West African

States (ECOWAS) and the International Contact Group on Liberia to work towards

the restoration of peace and stability in the region, particularly the appointment of

former President Abubakar of Nigeria as a mediator in the conflict in Liberia,

Noting the positive effects of the Rabat Process on peace and security in the

subregion, and encouraging all countries of the Mano River Union to reinvigorate the

Rabat Process with further meetings and renewed cooperation,

B

Encouraging civil society initiatives in the region, including those of the Mano

River Union Women’s Peace Network, to continue their contribution towards regional

peace,

Welcoming the summit meeting between the Presidents of Liberia and Côte d’Ivoire

held in Togo on 26 April 2003, and encouraging them to continue dialogue,

Calling on all States, in particular the Government of Liberia, to cooperate fully

with the Special Court for Sierra Leone,

Recalling the ECOWAS Moratorium on the Importation, Exportation and

Manufacture of Small Arms and Light Weapons in West Africa adopted in Abuja on

31 October 1998 (S#1998#1194, annex), and its extension from 5 July 2001 (S#2001#700),

Deeply concerned by the deteriorating humanitarian situation and widespread

human rights violations in Liberia, and by the serious instability in Liberia and

neighbouring countries, including Côte d’Ivoire,

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

armed rebel groups in the region, including to rebels in Côte d’Ivoire and former

Revolutionary United Front (RUF) combatants who continue to destabilize the region,

constitutes a threat to international peace and security in the region,

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

1. Decides that the Government of Liberia has not complied fully with the

demands in resolution 1343 (2001)<

2. Notes with concern that the new aircraft registry updated by the Government

of Liberia in response to the demand in paragraph 2 (e) of resolution 1343 (2001)

remains inactive<

3. Stresses that the demands referred to in paragraph 1 above are intended to

help consolidate and assure peace and stability in Sierra Leone and to build and

strengthen peaceful relations among the countries of the region<

4. Calls upon all States in the region, particularly the Government of Liberia, to

participate actively in all regional peace initiatives, particularly those of ECOWAS,

the International Contact Group, the Mano River Union and the Rabat Process, and

expresses its strong support for these initiatives<

5. Calls upon the Government of Liberia and the LURD to enter without delay

into bilateral ceasefire negotiations under the auspices of ECOWAS and the mediation

of former President Abubakar of Nigeria<

6. Stresses its readiness to grant exemptions from the measures imposed by

paragraph 7 (a) of resolution 1343 (2001) in cases of travel which would assist in the

peaceful resolution of the conflict in the subregion<

7. Welcomes the Government of Liberia’s agreement to the revised mandate of

the United Nations Office in Liberia and calls on the Government to respond

constructively to the Council’s statement of 13 December 2002 (S#PRST#2002#36)<

8. Calls upon the Government of Liberia and all parties, particularly the LURD

and other armed rebel groups, to ensure unimpeded and safe movement for the personnel

of United Nations humanitarian agencies and non-governmental organizations, to end

the use of child soldiers and to prevent sexual violence and torture<

9. Reiterates its demand that all States in the region cease military support for

armed groups in neighbouring countries, take action to prevent armed individuals and

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

countries and refrain from any actions that might contribute to further destabilization

of the situation in the region, and declares its readiness to consider, if necessary, ways

of promoting compliance with this demand<

Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343

(2001) shall remain in force for a further period of 12 months from 00>01 Eastern

Daylight Time on 7 May 2003, and that, before the end of this period, the Council will

decide whether the Government of Liberia has complied with the demands referred to

in paragraph 1 above, and, accordingly, whether to extend these measures for a further

period with the same conditions<

Recalls that the measures imposed by paragraph 5 of resolution 1343 (2001)

apply to all sales or supply of arms and related materiel to any recipient in Liberia,

including all non-State actors, such as Liberians United for Reconciliation and

Democracy (LURD)<

Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343

(2001) and by paragraph 17 below shall be terminated immediately if the Council,

taking into account, inter alia, the reports of the Panel of Experts referred to in paragraph

25 below and of the Secretary-General referred to in paragraph 20 below, inputs from

ECOWAS, any relevant information provided by the Committee established pursuant

to paragraph 14 of resolution 1343 (2001) (“the Committee”) and the Committee

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

particularly the conclusions of its forthcoming mission to West Africa, determines that

the Government of Liberia has complied with the demands referred to in paragraph 1

above<

Reiterates its call upon the Government of Liberia to establish an effective

Certificate of Origin regime for Liberian rough diamonds that is transparent,

internationally verifiable and fully compatible with the Kimberley Process, and to

provide the Committee with a detailed description of the proposed regime<

B

Notwithstanding paragraph 15 of resolution 1343 (2001), decides that rough

diamonds controlled by the Government of Liberia through the Certificate of Origin

regime shall be exempt from the measures imposed by paragraph 6 of resolution 1343

(2001) when the Committee has reported to the Council, taking into account expert

advice obtained through the Secretary-General, that an effective and internationally

verifiable regime is ready to become fully operational and to be properly implemented<

Calls again upon States, relevant international organizations and other bodies

in a position to do so to offer assistance to the Government of Liberia and other diamond

exporting countries in West Africa with their Certificate of Origin regimes<

Considers that the audits commissioned by the Government of Liberia

pursuant to paragraph 10 of resolution 1408 (2002) do not demonstrate that the revenue

derived by the Government of Liberia from the Liberia Ship and Corporate Registry

and the Liberian timber industry is used for legitimate social, humanitarian and

development purposes, and is not used in violation of resolution 1408 (2002)<

Decides that

(a) all States shall take the necessary measures to prevent, for a period of 10

months, the import into their territories of all round logs and timber products originating

in Liberia<

(b) these measures shall come into force at 00>01 Eastern Daylight Time on 7

July 2003, unless the Council decides otherwise<

(c) at the end of this period of 10 months, the Council will decide whether the

Government of Liberia has complied with the demands referred to in paragraph 1

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

the same conditions<

Decides to consider by 7 September 2003 how best to minimize any

humanitarian or socio-economic impact of the measures imposed by paragraph 17

above, including the possibility of allowing timber exports to resume in order to fund

humanitarian programmes, taking into account the recommendations of the expert panel

requested in paragraph 25 below and the assessment of the Secretary- General requested

in paragraph 19 below<

Requests the Secretary-General to submit a report to the Council by 7 August

2003 on the possible humanitarian or socio-economic impact of the measures imposed

by paragraph 17 above<

Requests the Secretary-General to submit a report to the Council by 21

October 2003 and thereafter at six-monthly intervals from that date, drawing on

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

the United Nations Mission in Sierra Leone (UNAMSIL) and ECOWAS, on whether

Liberia has complied with the demands referred to in paragraph 1 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<

Invites ECOWAS to report regularly to the Committee on all activities

undertaken by its members pursuant to paragraphs 10 and 17 above and in the

implementation of this resolution, particularly on the implementation of the ECOWAS

Moratorium on small arms and light weapons referred to in the preamble of this

resolution<

Calls on States of the subregion to strengthen the measures they have taken

to combat the spread of small arms and light weapons and mercenary activities and to

improve the effectiveness of the ECOWAS Moratorium, and urges States in a position

to do so to provide assistance to ECOWAS to this end<

Calls on all parties to conflicts in the region to include disarmament,

demobilization and reintegration provisions in peace agreements<

Requests the Committee to carry out the tasks set out in this resolution and

to continue with its mandate as set out in paragraph 14 (a)-(h) of resolution 1343

(2001) and in resolution 1408 (2002)<

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

of adoption of this resolution, in consultation with the Committee, for a period of five

months, a Panel of Experts consisting of up to six members, with the range of expertise

necessary to fulfil the Panel’s mandate described in this paragraph, drawing as much

as possible and as appropriate on the expertise of the members of the Panel of Experts

established pursuant to resolution 1458 (2003), to undertake the following tasks>

(a) to conduct a follow-up assessment mission to Liberia and neighbouring States,

in order to investigate and compile a report on the Government of Liberia’s compliance

with the demands referred to in paragraph 1 above, and on any violations of the measures

referred to in paragraphs 10 and 17 above, including any involving rebel movements<

(b) to investigate whether any revenues of the Government of Liberia are used

in violation of this resolution, with particular emphasis on the effect on the Liberian

populace of any possible diversion of funds from civilian purposes<

(c) to assess the possible humanitarian and socio-economic impact of the

measures imposed by paragraph 17 above and to make recommendations to the Council

through the Committee by 7 August 2003 on how to minimize any such impact<

(d) to report to the Council through the Committee no later than 7 October 2003

with observations and recommendations, particularly on how to improve the

effectiveness of implementing and monitoring the measures referred to in paragraph 5

B

of resolution 1343 (2001), including any recommendations pertinent to paragraphs 28

and 29 below,

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

Requests the Panel of Experts referred to in paragraph 25 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 reports of the

Panel of Experts established pursuant to resolutions 1343 (2001), 1395 (2002), 1408

(2002) and 1458 (2003), act in conformity with United Nations embargoes, in particular

those established by resolutions 1171 (1998), 1306 (2000) and 1343 (2001), and, as

appropriate, to take the necessary judicial and administrative action to end any illegal

activities by those individuals and companies<

Decides that all States shall take the necessary measures to prevent entry

into or transit through their territories of any individuals, including from the LURD or

other armed rebel groups, determined by the Committee, taking account of information

provided by the Panel of Experts and other relevant sources, to be in violation of

paragraph 5 of resolution 1343 (2001), provided that nothing in this paragraph shall

oblige a State to refuse entry into its territory by its own nationals<

Requests the Committee to establish, maintain and update, taking account

of information provided by the Panel of Experts and other relevant sources, a list of air

and maritime companies whose aircraft and vessels have been used in violation of

paragraph 5 of resolution 1343 (2001)<

Calls on all member States of ECOWAS to cooperate fully with the Panel

of Experts in the identification of such aircraft and vessels, and in particular to inform

the Panel about any transit on their territory of aircraft and vessels suspected of being

used in violation of paragraph 5 of resolution 1343 (2001)<

Asks the Government of Liberia to authorize the Approach and Control Unit

at Robertsfield International Airport to provide regularly to the Flight Information

Region in Conakry statistical data related to aircraft listed pursuant to paragraph 29

above<

Decides to conduct reviews of the measures referred to in paragraphs 10

and 17 above before 7 November 2003, and every six months thereafter<

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

organizations and all interested parties to cooperate fully with the Committee and Panel

of Experts referred to in paragraph 25 above, including by supplying information on

possible violations of the measures referred to in paragraphs 10 and 17 above<

Decides to remain actively seized of the matter.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press