United Nations Sanctions (Sudan) Regulations, 2005

L.N. 212 of 2005

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Sudan) Regulations, 2005

IN EXERCISE of the powers conferred by article 3 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

(Sudan) Regulations, 2005.

In these regulations, unless the context otherwise requires -

(Regulation 3)

Resolution 1591 (2005)

Adopted by the Security Council at its 5153rd meeting, on

29 March 2005

The Security Council,

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July

2004, 1564 (2004) of 18 September 2004, 1574 (2004) of 19 November 2004, 1585

(2005) of 10 March 2005, 1588 (2005) of 17 March 2005, and 1590 of 24 March

2005, and statements of its President concerning Sudan,

Reaffirming its commitment to the sovereignty, unity, independence and

territorial integrity of Sudan, and recalling the importance of the principles of good

neighbourliness, non-interference and regional cooperation,

Recalling the commitments made by the parties in the 8 April N’djamena

Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security

Protocols between the Government of Sudan, the Sudan Liberation Movement/Army

(SLM/A) and the Justice and Equality Movement (JEM), and recalling the

commitments made in the Joint Communique of 3 July 2004 between the

Government of Sudan and the Secretary-General,

Welcoming the signing of the Comprehensive Peace Agreement between the

Government of Sudan (GOS) and the Sudan People’s Liberation Movement/Army

(SPLM/A) in Nairobi, Kenya on 9 January 2005,

Recognizing that the parties to the Comprehensive Peace Agreement must

build on the Agreement to bring peace and stability to the entire country, and calling

on all Sudanese parties, in particular those party to the Comprehensive Peace

Agreement, to take immediate steps to achieve a peaceful settlement to the conflict

in Darfur and to take all necessary action to prevent further violations of human

rights and international humanitarian law and to put an end to impunity, including in

the Darfur region,

Expressing its utmost concern over the dire consequences of the prolonged

conflict for the civilian population in the Darfur region as well as throughout Sudan,

in particular the increase in the number of refugees and internally displaced persons,

Considering that the voluntary and sustainable return of refugees and

internally displaced persons will be a critical factor for the consolidation of the

peace process,

Expressing also its deep concern for the security of humanitarian workers and

their access to populations in need, including refugees, internally displaced persons

and other war-affected populations,

Condemning the continued violations of the N’djamena Ceasefire Agreement

of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur

and the deterioration of the security situation and negative impact this has had on

humanitarian assistance efforts,

Strongly condemning all violations of human rights and international

humanitarian law in the Darfur region, in particular the continuation of violence

against civilians and sexual violence against women and girls since the adoption of

resolution 1574 (2004), urging all parties to take necessary steps to prevent further

violations, and expressing its determination to ensure that those responsible for all

such violations are identified and brought to justice without delay,

Recognizing that international support for implementation of the

Comprehensive Peace Agreement is critically important to its success, emphasizing

that progress towards resolution of the conflict in Darfur would create conditions

conducive for delivery of such assistance, and alarmed that the violence in Darfur

nonetheless continues,

Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and

1574 (2004), that all parties to the conflict in Darfur refrain from any violence

against civilians and cooperate fully with the African Union Mission in Darfur,

Welcoming the 16 February 2005 N’djamena Summit on Darfur and the

continued commitment of the African Union to play a key role in facilitating a

resolution to the conflict in Darfur in all respects, and the announcement by the

Government of Sudan on 16 February 2005 that it would take immediate steps,

including withdrawal of its forces from Labado, Qarifa, and Marla in Darfur, and the

withdrawal of its Antonov aircraft from Darfur,

Commending the efforts of the African Union, in particular its Chairman,

acknowledging the progress made by the African Union in the deployment of an

international protection force, police, and military observers, and calling on all

member states to contribute generously and urgently to the African Union Mission

in Darfur,

Reaffirming its resolutions 1325 (2000) on women, peace, and security,

1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions

1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and

resolution 1502 (2003) on the protection of humanitarian and UN personnel,

Taking note of the Secretary-General’s reports of 31 January 2005 (S/2005/57

and Add.1), 3 December 2004 (S/2004/947), 4 February 2005 (S/2005/68), and

4 March 2005 (S/2005/140), as well as the report of 25 January 2005 of the

International Commission of Inquiry (S/2005/60),

Determining that the situation in Sudan continues to constitute a threat to

international peace and security,

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

1. Deplores strongly that the Government of Sudan and rebel forces and all

other armed groups in Darfur have failed to comply fully with their commitments

and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004),

and 1574 (2004), condemns the continued violations of the 8 April 2004 N’djamena

Ceasefire Agreement and the 9 November 2004 Abuja Protocols, including air

strikes by the Government of Sudan in December 2004 and January 2005 and rebel

attacks on Darfur villages in January 2005, and the failure of the Government of

Sudan to disarm Janjaweed militiamen and apprehend and bring to justice

Janajaweed leaders and their associates who have carried out human rights and

international humanitarian law violations and other atrocities, and demands that all

parties take immediate steps to fulfil all their commitments to respect the N’djamena

Ceasefire Agreement and the Abuja Protocols, including notification of force

positions, to facilitate humanitarian assistance, and to cooperate fully with the

African Union Mission;

2. Emphasizes that there can be no military solution to the conflict in

Darfur, and calls upon the Government of Sudan and the rebel groups, particularly

the Justice and Equality Movement and the Sudanese Liberation Movement/Army to

resume the Abuja talks rapidly without preconditions and negotiate in good faith to

speedily reach agreement, and urges the parties to the Comprehensive Peace

Agreement to play an active and constructive role in support of the Abuja talks and

take immediate steps to support a peaceful settlement to the conflict in Darfur;

3. Decides, in light of the failure of all parties to the conflict in Darfur to

fulfil their commitments,

(a) 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 (herein “the Committee”), to undertake to following tasks

i.

to monitor implementation of the measures referred to in subparagraphs

(d) and (e) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004),

and paragraph 7 below;

ii.

to designate those individuals subject to the measures imposed by

subparagraphs (d) and (e) of this paragraph and to consider requests for

exemptions in accordance with subparagraphs (f) and (g);

iii. to establish such guidelines as may be necessary to facilitate the

implementation of the measures imposed by subparagraphs (d) and (e);

iv.

to report at least every 90 days to the Security Council on its work;

v.

to consider requests from and, as appropriate, provide prior approval to

the Government of Sudan for the movement of military equipment and

supplies into the Darfur region in accordance with paragraph 7 below;

vi. to assess reports from the Panel of Experts established under

subparagraph (b) of this paragraph, and Member States, in particular those in

the region, on specific steps they are taking to implement the measures

imposed by subparagraphs (d) and (e) and paragraph 7 below;

vii. to encourage a dialogue between the Committee and interested Member

States, in particular those in the region, including by inviting representatives of

such States to meet with the Committee to discuss implementation of the

measures;

(b) to request the Secretary-General, in consultation with the Committee, to

appoint for a period of six months, within 30 days of adoption of this resolution, a

Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia, to

travel regularly to El-Fasher, Sudan and other locations in Sudan, and to operate

under the direction of the Committee to undertake the following tasks

i.

to assist the Committee in monitoring implementation of the measures in

subparagraphs (d) and (e), paragraphs 7 and 8 of resolution 1556 (2004), and

paragraph 7 of this resolution, and to make recommendations to the Committee

on actions the Council may want to consider;

ii.

to provide a mid-term briefing on its work to the Committee, and an

interim report no later than 90 days after adoption of this resolution, and a

final report no later than 30 days prior to termination of its mandate to the

Council through the Committee with its findings and recommendations; and

iii. to coordinate its activities as appropriate with ongoing operations of the

African Union Mission in Sudan (AMIS);

(c) that those individuals, as designated by the Committee established by

subparagraph (a) above, based on the information provided by Member States, the

Secretary-General, the High Commissioner for Human Rights or the Panel of

Experts established under subparagraph (b) of this paragraph above, and other

relevant sources, who impede the peace process, constitute a threat to stability in

Darfur and the region, commit violations of international humanitarian or human

rights law or other atrocities, violate the measures implemented by Member States

in accordance with paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of

this resolution as implemented by a state, or are responsible for offensive military

overflights described in paragraph 6 of this resolution, shall be subject to the

measures identified in subparagraphs (d) and (e) below;

(d) that all States shall take the necessary measures to prevent entry into or

transit through their territories of all persons as designated by the Committee

pursuant to subparagraph (c) above, provided that nothing in this paragraph shall

obligate a State to refuse entry into its territory to its own nationals;

(e) that all States shall freeze all funds, financial assets and economic

resources that are on their territories on the date of adoption of this resolution or at

any time thereafter, that are owned or controlled, directly or indirectly, by the

persons designated by the Committee pursuant to subparagraph (c) above, or that are

held by entities owned or controlled, directly or indirectly, by such persons or by

persons acting on their behalf or at their direction, and decides further that all States

shall ensure that no funds, financial assets or economic resources are made available

by their nationals or by any persons within their territories to or for the benefit of

such persons or entities;

(f) that the measures imposed by subparagraph (d) above shall not apply

where the Committee established by subparagraph (a) above determines on a case

by case basis that such travel is justified on the ground 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 and stability in Sudan and the region;

(g) that the measures imposed by subparagraph (e) of this resolution do not

apply to funds, other financial assets and economic resources that

i.

have been determined by relevant States 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 for

payment of reasonable professional fees and reimbursement of incurred

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

charges, in accordance with national laws, for routine holding or maintenance

of frozen funds, other financial assets and economic resources, after

notification by the relevant States 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;

ii.

have been determined by relevant States to be necessary for

extraordinary expenses, provided that such determination has been notified by

the relevant States to the Committee and has been approved by the Committee,

or

iii. have been determined by relevant States to be the subject of a judicial,

administrative or arbitral lien or judgment, in which case the funds, or other

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

judgment provided that the lien or judgment was entered prior to the date of

the present resolution, is not for the benefit of a person or entity designated by

the Committee, and has been notified by the relevant States to the Committee;

4. Decides that the measures referred to in subparagraphs 3 (d) and (e) shall

enter into force 30 days from the date of adoption of this resolution, unless the

Security Council determines before then that the parties to the conflict in Darfur

have complied with all the commitments and demands referred to in paragraph 1

above and paragraph 6 below;

5. Expresses its readiness to consider the modification or termination of the

measures under paragraph 3, on the recommendation of the Committee or at the end

of a period of 12 months from the date of adoption of this resolution, or earlier if the

Security Council determines before then that the parties to the conflict in Darfur

have complied with all the commitments and demands referred to in paragraph 1

above and paragraph 6 below;

6. Demands that the Government of Sudan, in accordance with its

commitments under the 8 April 2004 N’djamena Ceasefire Agreement and the

9 November 2004 Abuja Security Protocol, immediately cease conducting offensive

military flights in and over the Darfur region, and invites the African Union

Ceasefire Commission to share pertinent information as appropriate in this regard

with the Secretary-General, the Committee, or the Panel of Experts established

under paragraph 3 (b);

7. Reaffirms the measures imposed by paragraphs 7 and 8 of resolution

1556 (2004), and decides that these measures shall immediately upon adoption of

this resolution, also apply to all the parties to the N’djamena Ceasefire Agreement

and any other belligerents in the states of North Darfur, South Darfur and West

Darfur; decides that these measures shall not apply to the supplies and related

technical training and assistance listed in paragraph 9 of resolution 1556 (2004);

decides that these measures shall not apply with respect to assistance and supplies

provided in support of implementation of the Comprehensive Peace Agreement;

further decides that these measures shall not apply to movements of military

equipment and supplies into the Darfur region that are approved in advance by the

Committee established under paragraph 3 (a) upon a request by the Government of

Sudan; and invites the African Union Ceasefire Commission to share pertinent

information as appropriate in this regard with the Secretary-General, the Committee,

or the Panel of Experts established under paragraph 3 (b);

“the Act” means the National Interest (Enabling Powers) Act<

“the Committee” means the Committee of the Security

Council of the United Nations consisting of all the members of the

said Council<

“designated persons” means such individuals, as are

designated by the Committee, who impede the peace process,

constitute a threat to stability in Darfur and the region, commit

violations of international humanitarian or human rights law or

other atrocities, violate the measures implemented by Member

States of the United Nations, or are responsible for offensive

military overflights<

“Sudan” means the state of Sudan including the Darfur region.

For the purpose of article 3 (4) of the Act, Resolution number

1591 (2005) adopted by the Security Council of the United Nations on

the 29 th March, 2005 is published in the English language in the First

Schedule to these regulations.

The direct or indirect supply, sale or transfer to Sudan, from

Malta or by citizens of Malta, or using their flag vessels or aircraft, of

arms or any related materiel, in particular military aircraft and

equipment, whether or not originating from Malta, and the provision of

any assistance, advice or training related to military activities, is

prohibited.

(1) No designated person may enter into or transit through Entry

Malta of designated

Malta>

persons.

Provided that nothing in this sub-regulation shall oblige Malta from

refusing entry into its territory to any of its own citizens.

(2) The measures imposed by sub-regulation (1) hereof shall

not apply where the Committee determines on a case by case basis that

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

religious obligation, or where the Committee concludes that an

exemption would further the objectives of the Council’s resolutions,

for peace and national reconciliation in Sudan and stability in the region.

(1) Any funds, other financial assets and economic resources Freezing of funds

and assets.

which are in Malta and which are owned or controlled directly or

indirectly by designated persons, or that are held by entities owned or

controlled, directly or indirectly, by any persons acting on their behalf

or at their direction, shall be immediately frozen.

(2) Such funds, financial assets or economic resources shall

be prevented from being made available by any person in Malta to or

for the benefit of such persons or entities.

(3) The provisions of this regulation do not apply to funds,

other financial assets and economic resources that have been determined

by the authorities of Malta>

(a) 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 the routine holding

or maintenance of frozen funds, other financial assets and economic

resources, after notification 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 the foregoing shall be effected within

two working days of such notification<

(b) to be necessary for extraordinary expenses, provided that

such determination has been notified to the Committee and has

been approved by the Committee< or

(c) to be the subject of a judicial, administrative or arbitral

lien, or of a judgement, in which case the funds, other financial

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

judgement>

Provided that such lien or judgement was entered prior to the date

of the Resolution, that they are not for the benefit of a person referred

to in sub-regulation (1) hereof or an individual or entity identified by

the Committee, and that they have been notified to the Committee.

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.

Reiterates that, in the event the parties fail to fulfil their commitments

and demands as outlined in paragraphs 1 and 6, and the situation in Darfur continues

to deteriorate, the Council will consider further measures as provided for in Article

41 of the Charter of the United Nations;

Decides to remain seized of the matter.