United Nations Sanctions (Liberia) (Amendment) Regulations,

L.N. 247 of 2004

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Liberia) (Amendment) Regulations,

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

National Interest (Enabling Powers) Act, the Prime Minister and

Minister of Finance has made the following regulations>–

The title of these regulations is the United Nations Sanctions

(Liberia) (Amendment) Regulations, 2004 and they shall be read

and construed as one with the United Nations Sanctions (Liberia)

Regulations, 2004, hereinafter referred to as “the principal

regulations”.

Amends regulation

Regulation 3 of the principal regulations shall be renumbered

as sub-regulation (1) thereof, and immediately after sub-regulation (1)

as renumbered there shall be added the following new sub-regulation>–

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

Act, Resolution number 1532 (2004) adopted by the Security

Council of the United Nations on the 12th March, 2004, is

published in the English language in Schedule 1532 (2004) to

these regulations.”.

Regulation 7 of the principal regulations shall be deleted,

and regulation 6 thereof shall be renumbered as regulation 7 thereof.

Immediately after regulation 5 of the principal regulations

there shall be added the following new regulation>–

(1) All funds, other financial assets and

“Freezing

of assets.

economic resources owned or controlled, by any person in

Malta or by any citizen or permanent resident of Malta,

whether in Malta or elsewhere, directly or indirectly, by

Charles Taylor, Jewell Howard Taylor, and Charles Taylor,

Jr. and, or those other individuals designated by the

Committee, including funds, other financial assets and

economic resources held by entities owned or controlled,

directly or indirectly, by any of them or by any persons

acting on their behalf or at their direction, as designated

by the Committee, shall be frozen.

(2) No such funds, other financial assets and

economic resources as are mentioned in sub-regulation (1)

hereof shall be made available by any person in Malta or

by any citizen or permanent resident of Malta, whether in

Malta or elsewhere, directly or indirectly, to or for the

benefit of such persons.

(3) The provisions of these regulations do not

apply to funds, other financial assets and economic

resources that>

(a) have been determined by Malta to be

necessary for basic expenses, including payment for

foodstuffs, rent or mortgage, medicines and medical

treatment, taxes, insurance premiums, and public

utility charges, or exclusively for payment of

reasonable professional fees and reimbursement of

incurred expenses associated with the provisions of

legal services, or fees or service charges for routine

holding or maintenance of frozen funds, other

financial assets and economic resources, after

notification by Malta to the Committee of the intention

to authorise, where appropriate, access to such funds,

other financial assets and economic resources and in

the absence of a negative decision by the Committee

within two working days of such notification<

(b) have been determined by Malta to be

necessary for extraordinary expenses, provided that

such determination has been notified by Malta to the

Committee and has been approved by the Committee”.

5. Immediately after Schedule 1521 (2003) to the principal Adds new

Schedule to the

regulations there shall be added the following new schedule>–

principal

regulations.

B

“SCHEDULE 1532 (2004)

(Regulation 3)

Resolution 1532 (2004)

Adopted by the Security Council at its 4925th meeting,

on 12 March 2004

The Security Council,

Recalling its resolution 1521 (2003) of 22 December 2003, and its other

previous resolutions and statements by its President on the situation in Liberia and

West Africa,

Noting with concern that the actions and policies of former Liberian President

Charles Taylor and other persons, in particular their depletion of Liberian resources,

and their removal from Liberia and secreting of Liberian funds and property from

that country, have undermined Liberia’s transition to democracy and the orderly

development of its political, administrative, and economic institutions and

resources,

Recognizing the negative impact on Liberia of the transfer abroad of

misappropriated funds and assets and the need for the international community to

ensure as soon as possible, in accordance with paragraph 6 below, the return of such

funds and assets to Liberia,

Also expressing concern that former President Taylor, in collaboration with

others still closely associated with him, continues to exercise control over and to

have access to such misappropriated funds and property, with which he and his

associates are able to engage in activities that undermine peace and stability in

Liberia and the region,

Determining that this situation constitutes 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,

1. Decides that, to prevent former Liberian President Charles Taylor, his

immediate family members, in particular Jewell Howard Taylor and Charles Taylor,

Jr., senior officials of the former Taylor regime, or other close allies or associates as

designated by the Committee established by paragraph 21 of resolution 1521 (2003)

(hereinafter, “the Committee”) from using misappropriated funds and property to

interfere in the restoration of peace and stability in Liberia and the sub-region, all

States in which there are, at the date of adoption of this resolution or at any time

thereafter, funds, other financial assets and economic resources owned or controlled

B

directly or indirectly by Charles Taylor, Jewell Howard Taylor, and Charles Taylor,

Jr. and/or those other individuals designated by the Committee, including funds,

other financial assets and economic resources held by entities owned or controlled,

directly or indirectly, by any of them or by any persons acting on their behalf or at

their direction, as designated by the Committee, shall freeze without delay all such

funds, other financial assets and economic resources, and shall ensure that neither

these nor any other funds, other financial assets or economic resources are made

available, by their nationals or by any persons within their territory, directly or

indirectly, to or for the benefit of such persons;

2. Decides that the provisions of paragraph 1 above do not apply to funds,

other financial assets and economic resources that

(a) have been determined by relevant State(s) to be necessary for basic

expenses, including payment for foodstuffs, rent or mortgage, medicines and

medical treatment, taxes, insurance premiums, and public utility charges, or

exclusively for payment of reasonable professional fees and reimbursement of

incurred expenses associated with the provision of legal services, or fees or service

charges for routine holding or maintenance of frozen funds, other financial assets

and economic resources, after notification by the relevant State(s) to the Committee

of the intention to authorize, where appropriate, access to such funds, other financial

assets and economic resources and in the absence of a negative decision by the

Committee within two working days of such notification;

(b) have been determined by relevant State(s) to be necessary for

extraordinary expenses, provided that such determination has been notified by the

relevant State(s) to the Committee and has been approved by the Committee; or

(c) have been determined by relevant State(s) to be the subject of a judicial

administrative, or arbitral lien or judgement, in which case the funds, other financial

assets and economic resources may be used to satisfy that lien or judgement

provided that the lien or judgement: was entered prior to the date of the present

resolution; is not for the benefit of a person referred to in paragraph 1 above or an

individual or entity identified by the Committee; and has been notified by the

relevant State(s) to the Committee;

3. Decides that all States may allow for the addition to accounts subject to

the provisions of paragraph 1 above of

(a)

interest or other earnings due on those accounts; and

(b) payments due under contracts, agreements or obligations that arose prior

to the date on which those accounts became subject to the provisions of paragraph 1

above;

provided that any such interest, other earnings and payments continue to be subject

to those provisions;

4. Further decides that the Committee shall

(a) identify individuals and entities of the types described in paragraph 1

above, and promptly circulate to all States a list of said individuals and entities,

including by posting such a list on the Committee’s web site;

(b) maintain and regularly update and review every six months the list of

those individuals and entities identified by the Committee as being subject to the

measures set forth in paragraph 1 above;

(c) assist States, where necessary, in tracing and freezing the funds, other

financial assets and economic resources of such individuals and entities;

(d) seek from all States information regarding the actions taken by them to

trace and freeze such funds, other financial assets and economic resources;

5. Decides to review the measures imposed in paragraph 1 above at least

once a year, the first review taking place by December 22, 2004 in conjunction with

its review of the measures imposed in paragraphs 2, 4, 6 and 10 of resolution 1521

(2003), and to determine at that time what further action is appropriate;

6. Expresses its intention to consider whether and how to make available the

funds, other financial assets and economic resources frozen pursuant to paragraph 1

above to the Government of Liberia, once that Government has established

transparent accounting and auditing mechanisms to ensure the responsible use of

government revenue to benefit directly the people of Liberia;

Decides to remain actively seized of the matter. ".

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