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UNITED NATIONS SANCTIONS

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Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

L.N. 251 of 2009

UNITED NATIONS SANCTIONS

(DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA)

(FURTHER SANCTIONS) (2009) REGULATONS

IN exercise of the powers conferred by article 3 of the

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

made the following regulations:-

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

The title of these regulations is the United Nations

Sanctions (Democratic People’s Republic of Korea) (Further

Sanctions) (2009) Regulations.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

In these regulations, unless the context otherwise

requires -

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

Act;

“arms” shall have the same meaning as defined in

regulation 2 of Legal Notice 275 of 2006, as amended by

Legal Notice 425 of 2007;

“the Committee” means the Committee of the Security

Council of the United Nations established pursuant to

paragraph 12 of Resolution number 1718 (2006);

“DPRK” is the Democratic People’s Republic of Korea;

“the Resolution” means the Resolution referred to in

regulation 3;

“the Security Council” means the Security Council of

the United Nations;

“WMD” means weapons of mass destruction.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

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

Resolution number 1874 (2009), adopted by the Security

Council of the United Nations on 12 June 2009, is published

in the English language in the Schedule.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

(1) The direct or indirect supply, sale or transfer

to the DPRK from Malta or by a citizen of Malta, or using

Malta’s flag vessels or aircraft, of all arms and related

material, as well as of financial transactions, technical

training, advice, services or assistance related to the

provision, manufacture, maintenance or use of such arms

or material, whether originating from Malta or not, shall be

prohibited.

(2) The prohibition of sub-regulation (1) shall not

apply for small arms and light weapons

Provided that the authorities of Malta shall exercise

vigilance over the direct or indirect supply, sale or transfer to

the DPRK of small arms or light weapons and shall notify the

Committee at least five days prior to any sale, supply or transfer of

small arms or light weapons to the DPRK.

(3) The procurement by citizens of Malta, or using

Malta’s flag vessels or aircraft, of all arms and related material,

as well as any financial transactions, technical training, advice,

services or assistance related to the provision, manufacture,

maintenance or use of such arms or material from the DPRK,

whether originating in the territory of the DPRK or not, shall be

prohibited.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

(1) The provision of financial services or the transfer to, Prohibition of supply

through, or from the territory of Malta, or by a citizen of Malta or of financial services.

a company registered in Malta, or a person or financial institution

in Malta, of any financial or other assets or resources that could

contribute to the DPRK’s nuclear-related, ballistic missile-related,

or other WMD-related programs or activities, shall be prohibited.

(2) Any financial or other assets or resources which

are in Malta that are associated with the programs or activities

mentioned in sub-regulation (1) shall be immediately frozen.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

It shall be prohibited to enter into new commitments for

grants, financial assistance, or concessional loans to the DPRK,

in the territory of Malta or by a citizen of Malta or a company

registered in Malta, or a person or financial institution in Malta.

Provided that such new commitments for grants, financial

assistance, or concessional loans are not required for humanitarian

and developmental purposes directly addressing the needs of the

civilian population, or the promotion of denuclearization.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

It shall be prohibited to provide public financial support

for trade with the DPRK where such financial support could

contribute to the DPRK’s nuclear-related or ballistic missile-related

or other WMD-related programs or activities.

Malta Government Gazette — Legal Notice 2009 251 — UNITED NATIONS SANCTIONS

Any person found guilty of an offence against these

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

exceeding one hundred sixteen thousand four hundred and sixty-

nine euro (€116, 469).

€0.28

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