United Nations Sanctions (Liberia) Regulations, 2004

L.N. 109 of 2004

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Liberia) Regulations, 2004

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) Regulations, 2004.

In these regulations, unless the context otherwise requires –

Interpretation.

“any person in Liberia” includes all non-State actors such

as the movement styled Liberians United for Reconciliation and

Democracy (LURD), the Movement for Democracy in Liberia

(MODEL) and current militias and armed groups, but excludes

the United Nations Mission in Liberia (UNMIL)<

“arms” means arms proper as defined in article 64(1) of

the Criminal Code and includes every component part thereof Cap. 9.

and any accessory thereto<

“the Committee” means the Committee of the Security

Council<

“related materiel of all types” means materiel related to

the use of arms and includes weapons and ammunition, military

vehicles and equipment, paramilitary equipment and spare parts

for the aforementioned.

For the purposes of subarticle (4) of article 3 of the Act, Text of

Resolutions.

Resolution number 1521 (2003) adopted by the Security Council of

the United Nations on the 22nd December, 2003, is published in the

English language in Schedule 1521 (2003) to these regulations.

(1) Notwithstanding the provisions of any other law and Prohibition of sale

or supply of

subject to the following subregulations hereof -

weapons,

diamonds, logs to

Liberia.

(a) the sale or supply, in any manner whatsoever or by

any Maltese registered ship or Maltese registered aircraft, by

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

Malta, whether in Malta or elsewhere, of arms and related

materiel of all types, whether these originate in Malta or

elsewhere, to any person in Liberia,

(b) the provision to any person in Liberia of any technical

training or assistance related to the provision, manufacture,

maintenance or use of such items as are mentioned in paragraph

(a) hereof,

(c) the direct or indirect import into Malta of all rough

diamonds from any person in Liberia, whether or not such

diamonds originated in Liberia, and

(d) the import into Malta of all round logs and timber

products originating in Liberia,

are prohibited.

(2) The provisions of subregulation (1) shall not apply

to supplies of arms and related materiel of all types and technical

training and assistance intended solely for support of or use in the

international training and reform programme for the Liberian armed

forces and police, and 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.

(3) The provisions of subregulation (1) relating to the

sale or supply of arms and related materiel of all types, including

weapons shall 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.

(1) The entry into Malta or transit through Malta of all

such individuals, designated by the Committee, who constitute a

threat to the peace process in Liberia or who are engaged in activities

aimed at undermining peace and stability in Liberia and the

subregion, and any other individuals, or individuals associated with

entities, providing financial or military support to armed rebel groups

in Liberia or in countries in the region, shall be prevented.

(2) The provisions of subregulation (1) shall not apply

where the Committee determines that such travel is justified on the

grounds of humanitarian need, including religious obligation or for

any other reason given by the Committee.

Any person found guilty of an offence against these Penalty.

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

exceeding fifty thousand liri.

The United Nations Sanctions (Liberia) Regulations, 2001 Repeals L.N. 153

of 2001.

are hereby repealed.

B

“SCHEDULE 1521 (2003)

(Regulation 3)

Resolution 1521 (2003)

Adopted by the Security Council at its 4890th meeting, on

22 December 2003

The Security Council,

Recalling its previous resolutions and statements by its President on the

situation in Liberia and West Africa,

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

dated 7 August 2003 (S#2003#779) and 28 October 2003 (S#2003#937 and

S#2003#937#Add.1) submitted pursuant to resolution 1478 (2003),

Expressing serious concern at the findings of the Panel of Experts that the

measures imposed by resolution 1343 (2001) continue to be breached, particularly

through the acquisition of arms,

Welcoming the Comprehensive Peace Agreement signed by the former

Government of Liberia, Liberians United for Reconciliation and Democracy

(LURD) and the Movement for Democracy in Liberia (MODEL) on 18 August

2003 in Accra, and that the National Transitional Government of Liberia under

Chairman Gyude Bryant took office on 14 October 2003,

Calling upon all States in the region, particularly the National Transitional

Government of Liberia, to work together to build lasting regional peace, including

through the Economic Community of West African States (ECOWAS), the

International Contact Group on Liberia, the Mano River Union and the Rabat

Process,

Noting with concern, however, that the ceasefire and the Comprehensive Peace

Agreement are not yet being universally implemented throughout Liberia, and that

much of the country remains outside the authority of the National Transitional

Government of Liberia, particularly those areas to which the United Nations Mission

in Liberia (UNMIL) has not yet deployed,

Recognizing the linkage between the illegal exploitation of natural resources

such as diamonds and timber, illicit trade in such resources, and the proliferation

and trafficking of illegal arms as a major source of fuelling and exacerbating

conflicts in West Africa, particularly in Liberia,

B

Determining that the situation in Liberia and the proliferation of arms and

armed non-State actors, including mercenaries, in the subregion continue to

constitute a threat to international peace and security in West Africa, in particular

to the peace process in Liberia,

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

A

Recalling its resolutions 1343 (2001) of 7 March 2001, 1408 (2002) of 6 May

2002, 1478 (2003) of 6 May 2003, 1497 (2003) of 1 August 2003, and 1509 (2003)

of 19 September 2003,

Noting that the changed circumstances in Liberia, in particular the departure

of former President Charles Taylor and the formation of the National Transitional

Government of Liberia, and progress with the peace process in Sierra Leone, require

the Council’s determination for action under Chapter VII to be revised to reflect

these altered circumstances,

1. Decides to terminate the prohibitions imposed by paragraphs 5, 6, and 7 of

resolution 1343 (2001) and paragraphs 17 and 28 of resolution 1478 (2003) and to

dissolve the committee established under resolution 1343 (2001)<

B

2. (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) Reaffirms that the measures in subparagraphs (a) and (b) above apply to

all sales or supply of arms and related materiel destined for any recipient in Liberia,

including all non-State actors, such as LURD and MODEL, and to all former and

current militias and armed groups<

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

shall not apply to supplies of arms and related materiel and technical training and

assistance intended solely for support of or use by UNMIL<

B

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

shall not apply to supplies of arms and related materiel and technical training and

assistance intended solely for support of or use in an international training and

reform programme for the Liberian armed forces and police, as approved in advance

by the Committee established by paragraph 21 below (“the Committee”)<

(f) 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<

(g) 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<

3. Demands that all States in West Africa 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 in the subregion<

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

the entry into or transit through their territories of all such individuals, as designated

by the Committee, who constitute a threat to the peace process in Liberia, or who

are engaged in activities aimed at undermining peace and stability in Liberia and

the subregion, including those senior members of former President Charles Taylor’s

Government and their spouses and members of Liberia’s former armed forces who

retain links to former President Charles Taylor, those individuals determined by

the Committee to be in violation of paragraph 2 above, and any other individuals,

or individuals associated with entities, providing financial or military support to

armed rebel groups in Liberia or in countries in the region, provided that nothing

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

nationals<

(b) Decides that the measures in paragraph 4 (a) above shall continue to apply

to the individuals already designated pursuant to paragraph 7 (a) of resolution

1343 (2001), pending the designation of individuals by the Committee as required

by and in accordance with paragraph 4 (a) above<

(c) Decides that the measures imposed by subparagraph 4 (a) above shall not

apply where the Committee determines that such travel is justified on the grounds

of humanitarian need, including religious obligation, or where the Committee

concludes that an exemption would otherwise further the objectives of the Council’s

resolutions, for the creation of peace, stability and democracy in Liberia and lasting

peace in the subregion<

B

5. Expresses its readiness to terminate the measures imposed by paragraphs

2 (a) and (b) and 4 (a) above when the Council determines that the ceasefire in

Liberia is being fully respected and maintained, disarmament, demobilization,

reintegration, repatriation and restructuring of the security sector have been

completed, the provisions of the Comprehensive Peace Agreement are being fully

implemented, and significant progress has been made in establishing and

maintaining stability in Liberia and the subregion<

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

direct or indirect import of all rough diamonds from Liberia to their territory,

whether or not such diamonds originated in Liberia<

7. Calls upon the National Transitional Government of Liberia to take urgent

steps to establish an effective Certificate of Origin regime for trade in Liberian

rough diamonds that is transparent and internationally verifiable with a view to

joining the Kimberley Process, and to provide the Committee with a detailed

description of the proposed regime<

Expresses its readiness to terminate the measures referred to in paragraph

6 above when the Committee, taking into account expert advice, decides that

Liberia has established a transparent, effective and internationally verifiable

Certificate of Origin regime for Liberian rough diamonds<

Encourages the National Transitional Government of Liberia to take steps

to join the Kimberley Process as soon as possible<

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

import into their territories of all round logs and timber products originating in

Liberia<

Urges the National Transitional Government of Liberia to establish its

full authority and control over the timber producing areas, and to take all necessary

steps to ensure that government revenues from the Liberian timber industry are

not used to fuel conflict or otherwise in violation of the Council’s resolutions but

are used for legitimate purposes for the benefit of the Liberian people, including

development<

Expresses its readiness to terminate the measures imposed by paragraph

10 above once the Council determines that the goals in paragraph 11 above have

been achieved<

Encourages the National Transitional Government of Liberia to establish

oversight mechanisms for the timber industry that will promote responsible

business practices, and to establish transparent accounting and auditing

mechanisms to ensure that all government revenues, including those from the

B

Liberian International Ship and Corporate Registry, are not used to fuel conflict or

otherwise in violation of the Council’s resolutions but are used for legitimate

purposes for the benefit of the Liberian people, including development<

Urges all parties to the Comprehensive Peace Agreement of 18 August

2003 to implement fully their commitments and fulfil their responsibilities in the

National Transitional Government of Liberia, and not to hinder the restoration of

the Government’s authority throughout the country, particularly over natural

resources<

Calls upon States, relevant international organizations and others in a

position to do so to offer assistance to the National Transitional Government of

Liberia in achieving the objectives in paragraphs 7, 11 and 13 above, including the

promotion of responsible and environmentally sustainable business practices in

the timber industry, and to offer assistance with the implementation of 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)<

Encourages the United Nations and other donors to assist the Liberian

civil aviation authorities, including through technical assistance, in improving the

professionalism of their staff and their training capabilities and in complying with

the standards and practices of the International Civil Aviation Organization<

Takes note of the establishment by the National Transitional Government

of Liberia of a review committee with the task of establishing procedures to fulfil

the demands of the Security Council for the lifting of the measures imposed under

this resolution<

Decides that the measures in paragraphs 2, 4, 6 and 10 above are established

for 12 months from the date of adoption of this resolution, unless otherwise decided,

and that, at the end of this period, the Council will review the position, assess

progress towards the goals in paragraphs 5, 7, and 11 and decide accordingly

whether to continue these measures<

Decides to review the measures in paragraphs 2, 4, 6 and 10 above by 17

June 2004, to assess progress towards the goals in paragraphs 5, 7, and 11 and

decide accordingly whether to terminate these measures<

Decides to keep under regular review the measures imposed by paragraphs

6 and 10 above, so as to terminate them as soon as possible once the conditions in

paragraphs 7 and 11 have been met, in order to create revenue for the reconstruction

and development of Liberia<

B

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>

(a) to monitor the implementation of the measures in paragraphs 2, 4, 6 and

10 above, taking into consideration the reports of the expert panel established by

paragraph 22 below<

(b) to seek from all States, particularly those in the subregion, information

about the actions taken by them to implement effectively those measures<

(c) to consider and decide upon requests for the exemptions set out in

paragraphs 2 (e), 2 (f) and 4 (c) above<

(d) to designate the individuals subject to the measures imposed by paragraph

4 above and to update this list regularly<

(e) to make relevant information publicly available through appropriate media,

including the list referred to in subparagraph (d) above<

(f) to consider and take appropriate action, within the framework of this

resolution, on pending issues or concerns brought to its attention concerning the

measures imposed by resolutions 1343 (2001), 1408 (2002) and 1478 (2003) while

those resolutions were in force<

(g) to report to the Council with its observations and recommendations<

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 five members, with the range

of expertise necessary to fulfil the Panel’s mandate described in this paragraph,

drawing as much as possible on the expertise of the members of the Panel of Experts

established pursuant to resolution 1478 (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 implementation, and any

violations, of the measures referred to in paragraphs 2, 4, 6 and 10 above, including

any violations involving rebel movements and neighbouring countries, and

including any information relevant to the Committee’s designation of the individuals

described in paragraph 4 (a) above, and including the various sources of financing,

such as from natural resources, for the illicit trade of arms<

(b) to assess the progress made towards the goals described in paragraphs 5, 7

and 11 above<

B

(c) to report to the Council through the Committee no later than 30 May 2004

with observations and recommendations, including, inter alia, how to minimize

any humanitarian and socio-economic impact of the measures imposed by paragraph

10 above<

Welcomes UNMIL’s readiness, within its capabilities, its areas of

deployment and without prejudice to its mandate, once it is fully deployed and

carrying out its core functions, to assist the Committee established by paragraph

21 above and the Panel of Experts established by paragraph 22 above in monitoring

the measures in paragraphs 2, 4, 6 and 10 above, and requests the United Nations

Mission in Sierra Leone and the United Nations Mission in Côte d’Ivoire, likewise

without prejudicing their capacities to carry out their respective mandates, to assist

the Committee and the Panel of Experts by passing to the Committee and the Panel

any information relevant to the implementation of the measures in paragraphs 2, 4,

6 and 10, in the context of enhanced coordination among United Nations missions

and offices in West Africa<

Reiterates its call on the international donor community to provide

assistance for the implementation of a programme of disarmament, demobilization,

reintegration and repatriation, and sustained international assistance to the peace

process, and to contribute generously to consolidated humanitarian appeals, and

further requests the donor community to respond to the immediate financial,

administrative and technical needs of the National Transitional Government of

Liberia<

Encourages the National Transitional Government of Liberia to undertake,

with the assistance of UNMIL, appropriate actions to sensitize the Liberian

population to the rationale of the measures in this resolution, including the criteria

for their termination<

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

May 2004, drawing on information from all relevant sources, including the National

Transitional Government of Liberia, UNMIL and ECOWAS, on progress made

towards the goals described in paragraphs 5, 7 and 11 above<

Decides to remain seized of the matter.

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