United Nations Sanctions (Eritrea) Regulations, 2010

L.N. 343 of 2010

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Eritrea) Regulations, 2010

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 (Eritrea) Regulations.

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 Council Resolution 751 (1992);

“the Resolution” means the Resolution referred to in

regulation 3;

“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

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

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

1907 (2009) adopted by the Security Council of the United Nations

on the 23 December, 2009 is published in the English language in

the Schedule to these regulations.

It shall be unlawful to sell or supply to Eritrea, from Prohibition of sale of

Malta, or by citizens of Malta, or using Malta’s flag vessels or arms, etc. to Eritrea.

aircraft, and whether or not originating in the territory of Malta

(a) arms and related materiel of all types,

including weapons and ammunition, military vehicles and

equipment, paramilitary equipment, and spare parts for the

aforementioned, and

(b) technical assistance, training, financial and other

assistance, related to the military activities or to the provision,

manufacture, maintenance or use of these items.

It shall be unlawful to sell, supply or otherwise transfer

directly or indirectly to the individuals or entities duly designated

by the Committee, from Malta, or by citizens of Malta, or using

Malta’s flag vessels or aircraft, and whether or not originating in

the territory of Malta

(a) arms and related materiel of all types,

including weapons and ammunition, military vehicles and

equipment, paramilitary equipment, and spare parts for the

aforementioned, and

(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.

It shall be unlawful to buy, procure or otherwise receive

directly or indirectly from Eritrea, to Malta, or by citizens of

Malta, or using Malta’s flag vessels or aircraft, and whether or not

originating in the territory of Eritrea, any arms or related materiel,

items, training or assistance described in regulation 4.

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

Malta of persons duly designated by the Committee, including but

not limited to the Eritrean political and military leadership, shall be

prohibited.

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

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

citizens.

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

not apply where

(a) 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) the Committee determines on a case-by-case basis

that an exemption would otherwise further the objectives of

peace and stability in the region.

(1) Any funds, other financial assets and economic

resources which are in Malta on or after the 23 December, 2009

and that are owned or controlled, directly or indirectly, by the

individuals and entities duly designated by the Committee, or by

individuals or entities acting on their behalf or 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, other

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

individuals or entities mentioned in sub-regulation (1).

(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 national laws, for routine

holding or maintenance of frozen funds, other financial assets

and economic resources

Provided that the authorities of Malta shall notify the

Committee of the intention to authorise, where appropriate,

access to such funds, other financial assets or economic

resources, and 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 judgment, in which case the funds, other

financial assets or economic resources may be used to satisfy

that lien or judgment

Provided that such lien or judgement was entered into

prior to the 23 December, 2009 and is not for the benefit of an

individual or entity duly designated pursuant to sub-regulation

(1), and that such lien or judgement has been notified by the

authorities of Malta to the Committee.

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).

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S /RES/1907 (2009)

United Nations

Security Council

Distr.: General

23 December 2009

Resolution 1907 (2009)

Adopted by the Security Council at its 6254th meeting, on

23 December 2009

The Security Council,

Recalling its previous resolutions and statements of its President concerning

the situation in Somalia and the border dispute between Djibouti and Eritrea, in

particular its resolutions 751 (1992), 1844 (2008), and 1862 (2009), and its

statements of 18 May 2009 (S/PRST/2009/15), 9 July 2009 (S/PRST/2009/19),

12 June 2008 (S/PRST/2008/20),

Reaffirming its respect for the sovereignty, territorial integrity, and political

independence and unity of Somalia, Djibouti and Eritrea, respectively,

Expressing the importance of resolving the border dispute between Djibouti

and Eritrea,

Reaffirming that the Djibouti Agreement and Peace Process represent the basis

for a resolution of the conflict in Somalia, and further reaffirming its support for the

Transitional Federal Government (TFG),

Noting the decision of the 13th Assembly of the African Union (AU) in Sirte,

Libya, calling on the Council to impose sanctions against foreign actors, both within

and outside the region, especially Eritrea, providing support to the armed groups

engaged in destabilization activities in Somalia and undermining the peace and

reconciliation efforts as well as regional stability (S/2009/388),

Further noting the decision of the 13th Assembly of the AU in Sirte, Libya

expressing its grave concern at the total absence of progress regarding the

implementation by Eritrea of, inter alia, resolution 1862 (2009) regarding the border

dispute between Djibouti and Eritrea (S/2009/388),

Expressing its grave concern at the findings of the Monitoring Group

re-established by resolution 1853 (2008) as outlined in its December 2008 report

(S/2008/769) that Eritrea has provided political, financial and logistical support to

armed groups engaged in undermining peace and reconciliation in Somalia and

regional stability,

Condemning all armed attacks on TFG officials and institutions, the civilian

population, humanitarian workers and the African Union Mission to Somalia

(AMISOM) personnel,

*0966558*

S/RES/1907 (2009)

Expressing its grave concern at Eritrea’s rejection of the Djibouti Agreement, as

noted in the letter of 19 May 2009, from the Permanent Representative of Eritrea to

the United Nations addressed to the President of the Security Council (S/2009/256),

Recalling its resolution 1844 (2008) in which it decided to impose measures

against individuals or entities designated as engaging in or providing support to acts

that threaten peace, security and stability in Somalia, acting in violation of the arms

embargo or obstructing the flow of humanitarian assistance to Somalia,

Expressing its appreciation of the contribution of AMISOM to the stability of

Somalia, and further expressing its appreciation for the continued commitment to

AMISOM by the Governments of Burundi and Uganda,

Reiterating its intention to take measures against those who seek to prevent or

block the Djibouti Peace Process,

Expressing its deep concern that Eritrea has not withdrawn its forces to the

status quo ante, as called for by the Security Council in its resolution 1862 (2009)

and the statement of its President dated 12 June 2008 (S/PRST/2008/20),

Reiterating its serious concern at the refusal of Eritrea so far to engage in

dialogue with Djibouti, or to accept bilateral contacts, mediation or facilitation

efforts by sub-regional or regional organizations or to respond positively to the

efforts of the Secretary-General,

Taking note of the letter of the Secretary-General issued on 30 March 2009

(S/2009/163), and the subsequent briefings by the Secretariat on the Djibouti-Eritrea

conflict,

Noting that Djibouti has withdrawn its forces to the status quo ante and

cooperated fully with all concerned, including the United Nations fact-finding

mission and the good offices of the Secretary-General,

Determining that Eritrea’s actions undermining peace and reconciliation in

Somalia as well as the dispute between Djibouti and Eritrea constitute a threat to

international peace and security,

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

Reiterates that all Member States, including Eritrea, shall comply fully

1. with the terms of the arms embargo imposed by paragraph 5 of resolution 733

(1992), as elaborated and amended by resolutions 1356 (2001), 1425 (2002), 1725

(2006), 1744 (2007) and 1772 (2007) on Somalia and the provisions of resolution

1844 (2008);

Calls upon all Member States, including Eritrea, to support the Djibouti

2. Peace Process and support reconciliation efforts by the TFG in Somalia, and

demands that Eritrea cease all efforts to destabilize or overthrow, directly or

indirectly, the TFG;

Reiterates its demand that Eritrea immediately comply with resolution

3. 1862 (2009) and

(i) Withdraw its forces and all their equipment to the positions of the status

quo ante, and ensure that no military presence or activity is being pursued in

the area where the conflict occurred in Ras Doumeira and Doumeira Island in

June 2008;

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S/RES/1907 (2009)

(ii) Acknowledge its border dispute with Djibouti in Ras Doumeira and

Doumeira Island, engage actively in dialogue to defuse the tension and engage

also in diplomatic efforts leading to a mutually acceptable settlement of the

border issue; and,

(iii) Abide by its international obligations as a Member of the United Nations,

respect the principles mentioned in Article 2, paragraphs 3, 4, and 5, and

Article 33 of the Charter, and cooperate fully with the Secretary-General, in

particular through his proposal of good offices mentioned in paragraph 3 of

resolution 1862 (2009);

Demands that Eritrea make available information pertaining to

4. Djiboutian combatants missing in action since the clashes of 10 to 12 June, 2008 so

that those concerned may ascertain the presence and condition of Djiboutian

prisoners of war;

Decides that all Member States shall immediately take the necessary

5. measures to prevent the sale or supply to Eritrea 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, and technical

assistance, training, financial and other assistance, related to the military activities

or to the provision, manufacture, maintenance or use of these items, whether or not

originating in their territories;

Decides that Eritrea shall not supply, sell or transfer directly or indirectly

6. from its territory or by its nationals or using its flag vessels or aircraft any arms or

related materiel, and that all Member States shall prohibit the procurement of the

items, training and assistance described in paragraph 5 above from Eritrea by their

nationals, or using their flag vessels or aircraft, whether or not originating in the

territory of Eritrea;

Calls upon all Member States to inspect, in their territory, including

7. seaports and airports, in accordance with their national authorities and legislation,

and consistent with international law, all cargo to and from Somalia and Eritrea, if

the State concerned has information that provides reasonable grounds to believe the

cargo contains items the supply, transfer, or export of which is prohibited by

paragraphs 5 and 6 of this resolution or the general and complete arms embargo to

Somalia established pursuant to paragraph 5 of resolution 733 (1992) and elaborated

and amended by subsequent resolutions for the purpose of ensuring strict

implementation of those provisions;

Decides to authorize all Member States to, and that all Member States

8. shall, upon discovery of items prohibited by paragraphs 5 and 6 above, seize and

dispose (either by destroying or rendering inoperable) items the supply, sale,

transfer, or export of which is prohibited by paragraphs 5 and 6 of this resolution

and decides further that all Member States shall cooperate in such efforts;

Requires any Member State when it finds items the supply, sale, transfer,

9. or export of which is prohibited by paragraphs 5 and 6 of this resolution to submit

promptly a report to the Committee containing relevant details, including the steps

taken to seize and dispose of the items;

S/RES/1907 (2009)

Decides that all Member States shall take the necessary measures to

prevent the entry into or transit through their territories of individuals, designated by

the Committee established pursuant to resolution 751 (1992) and expanded by

resolution 1844 (2008) (herein “the Committee”) pursuant to the criteria in

paragraph 15 below, provided that nothing in this paragraph shall oblige a state to

refuse entry into its territory to its own nationals;

Decides that the measures imposed by paragraph 10 above 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 stability in the

region;

Decides that all Member States shall take the necessary measures to

prevent the direct or indirect supply, sale or transfer 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 and the direct or

indirect supply of 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, to the individuals or entities designated by the

Committee pursuant to paragraph 15 below;

Decides that all Member States shall freeze without delay the funds,

other financial assets and economic resources which 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 entities and individuals designated by the

Committee pursuant to paragraph 15 below, or by individuals or entities acting on

their behalf or their direction, and decides further that all Member States shall

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

their nationals or by any individuals or entities within their territories to or for the

benefit of such individuals or entities;

Decides that the measures imposed by paragraph 13 above do not apply

to funds, other financial assets or economic resources that have been determined by

relevant Member States

(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 national laws, for routine holding or

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

notification by the relevant Member State to the Committee of the intention to

authorize, where appropriate, access to such funds, other financial assets or

economic resources, and in the absence of a negative decision by the Committee

within three working days of such notification;

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S/RES/1907 (2009)

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

determination has been notified by the relevant Member State(s) to the Committee

and has been approved by the Committee; or

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

in which case the funds, other financial assets and economic resources may be used

to satisfy that lien or judgment provided that the lien or judgment was entered into

prior to the date of the present resolution, is not for the benefit of a person or entity

designated pursuant to paragraph 13 above, and has been notified by the relevant

Member State(s) to the Committee;

Decides that the provisions of paragraph 10 above shall apply to

individuals, including but not limited to the Eritrean political and military

leadership, and that the provisions of paragraphs 12 and 13 above shall apply to

individuals and entities, including but not limited to Eritrean political and military

leadership, governmental, and parastatal entities, and entities privately owned by

Eritrean nationals living within or outside of Eritrean territory, designated by the

Committee

(a)

as violating the measures established by paragraphs 5 and 6 above;

(b) as providing support from Eritrea to armed opposition groups which aim

to destabilize the region;

(c) as obstructing implementation of resolution 1862 (2009) concerning

Djibouti;

(d) as harbouring, financing, facilitating, supporting, organizing, training, or

inciting individuals or groups to perpetrate acts of violence or terrorist acts against

other States or their citizens in the region;

(e)

as obstructing the investigations or work of the Monitoring Group;

Demands that all Member States, in particular Eritrea, cease arming,

training, and equipping armed groups and their members including al-Shabaab, that

aim to destabilize the region or incite violence and civil strife in Djibouti;

Demands Eritrea cease facilitating travel and other forms of financial

support to individuals or entities designated by the Committee and other Sanctions

Committees, in particular the Committee established pursuant to resolution 1267

(1999), in line with the provisions set out in the relevant resolutions;

Decides to further expand the mandate of the Committee to undertake the

additional tasks

(a) To monitor, with the support of the Monitoring Group, the

implementation of the measures imposed in paragraphs 5, 6, 8, 10, 12 and 13 above;

(b) To designate those individuals or entities subject to the measures

imposed by paragraphs 10, 12 and 13 above, pursuant to criteria set forth in

paragraph 15 above;

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

paragraphs 11 and 14 above;

(d)

To update its guidelines to reflect its additional tasks;

S/RES/1907 (2009)

Decides to further expand the mandate of the Monitoring Group

re-established by resolution 1853 (2008) to monitor and report on implementation of

the measures imposed in this resolution and undertake the tasks outlined below, and

requests the Secretary-General to make appropriate arrangements for additional

resources and personnel so that the expanded Monitoring Group may continue to

carry out its mandate, and in addition

(a) Assist the Committee in monitoring the implementation of the measures

imposed in paragraphs 5, 6, 8,10, 12 and 13 above, including by reporting any

information on violations;

(b) Consider any information relevant to implementation of paragraphs 16

and 17 above that should be brought to the attention of the Committee;

(c) Include in its reports to the Security Council any information relevant to

the Committee’s designation of the individuals and entities described in paragraph

15 above;

(d) Coordinate as appropriate with other Sanctions Committees’ panels of

experts in pursuit of these tasks;

Calls upon all Members States to report to the Security Council within

120 days of the adoption of this resolution on steps they have taken to implement

the measures outlined in the paragraphs 5, 6, 10, 12 and 13 above;

Affirms that it shall keep Eritrea’s actions under review and that it shall

be prepared to adjust the measures, including through their strengthening,

modification, or lifting, in light of Eritrea’s compliance with the provisions of this

resolution;

Requests the Secretary-General to report within 180 days on Eritrea’s

compliance with the provisions of this resolution;

Decides to remain actively seized of the matter.

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