L.N. 210 of 2009

L.N. 210 of 2009

UNITED NATIONS SANCTIONS (SOMALIA)

(Further Sanctions) (2008) Regulations

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 (Somalia) (Further Sanctions) Regulations, 2008.

In these regulations, unless the context otherwise

requires -

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

Act;

“the Committee” means the Committee of the Security

Council of the United Nations established pursuant to

paragraph 11 of Resolution number 751 (1992);

“the Resolution” means the Resolution referred to in

regulation 3 hereof;

“the Security Council” means the Security Council of

the United Nations.

“weapons” shall have the same meaning as defined in

regulation 2 of Legal Notice 17 of 1995 as amended by Legal L.N. 17 of 1995.

Notices 201 of 2001, 312 of 2002 and 425 of 2007.

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

number 1844 (2008) adopted by the Security Council of the United

Nations on 20 November 2008 is published in the English language

in the Schedule.

(1) The entry into or transit through the territory of

Malta of persons duly designated by the Committee shall be

prohibited.

(2) Nothing contained in sub-regulation (1) hereof

shall oblige Malta from refusing entry into its territory to any of its

own citizens.

(3) The measures imposed by sub-regulation (1) hereof

shall not apply

(a) 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

(b) where the Committee determines on a case-by-

case basis that an exemption would otherwise further the

objectives of peace and national reconciliation in Somalia and

stability in the region.

(1) Any funds, other financial assets and economic

resources which are in Malta on or after the 20 November 2008 and

that are owned or controlled directly or indirectly by the persons

or entities duly designated by the Committee, or by individuals or

entities acting on their behalf or at their direction, or by entities

owned or controlled by them, shall be immediately frozen and shall

remain so frozen until such time as the Committee removes such

persons or entities from the list of duly designated individuals or

entities.

(2) It shall be unlawful for any citizen of Malta or any

persons or entities in Malta to make available any funds, financial

assets or economic resources to or for the benefit of the persons

and entities mentioned in sub-regulation (1) hereof.

(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, in accordance with the laws of Malta,

for routine holding or maintenance of frozen funds, other

financial assets and economic resources

Provided that the authorities of Malta notify the

Committee of the intention, where appropriate, access to

such funds, other financial assets or economic resources, and

provided further that no negative decision by the Committee

is received within three working days of such notification;

(b) to be necessary for extraordinary expenses,

Provided that such determination has been notified by

the

authorities of Malta to the Committee and has been

approved by the Committee; or

(c) 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 into

prior to the 20 November 2008 and is not for the benefit of a

person or entity duly designated pursuant to sub-regulation (1)

hereof, and provided further that such lien or judgement has

been notified by the authorities of Malta to the Committee.

(4) It shall be lawful for the authorities of Malta

to freeze the interests or other earnings due on the accounts or

payments due under contracts, agreements or obligations entered

into prior to the date on which those accounts became subject to

sub-regulation (1) hereof;

Provided that any such interest, other earnings and

payments continue to be liable to be frozen under sub-regulation

(1) hereof.

It shall be unlawful to supply, sell or transfer directly or

indirectly from Malta or by citizens of Malta, using Malta’s flag

vessels or aircraft, to the individuals or entities duly designated by

the Committee

(a) weapons and military equipment; or

(b) technical assistance or training, financial and other

assistance including investment, brokering or other financial

services, related to military activities or to the supply, sale,

transfer, manufacture, maintenance or use of weapons and

military equipment.

Any person found guilty of an offence against these

Penalty.

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

exceeding one hundred sixteen thousand four hundred and sixty-

nine euro (€116469).

€0.37