Enforcement of European Union Sanctions

L.N. 227 of 2011

INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Syria) Regulations, 2011

IN exercise of the powers conferred by article 3(2) of the

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

made the following regulations:-

The title of these regulations is the Enforcement of

European Union Sanctions (Syria) Regulations, 2011.

In these regulations, unless the context otherwise requires –

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

Act;

“the Council Regulation” means the Council Regulation

referred to in regulation 3;

‘‘ Monitoring Board’’ means the Board established

under Regulation 2 of the Sanctions (Monitoring Board)

Regulations;

“the Treaty” means the Treaty referred to in article 2 of

the European Union Act.

These regulations apply to Council Regulation (EC) No.

442/2011 of 9 May 2011 concerning restrictive measures in view

of the situation in Syria, whose text is contained in the Schedule to

these regulations.

For the purposes of article 3 of the European Union Act, Cap. 460.

the Council Regulation is binding in its entirety on Malta and shall

be part of the domestic law thereof under the conditions laid down

in the Treaty.

(1) Where any provision of any regulation made under

the Act, requires any person or any other entity to carry out the

identification of funds or assets belonging to or in the possession of

persons or entities as may be identified or identifiable under these

regulations, or the freezing or blocking of such funds or assets,

such person or entity shall without delay notify in writing any

relevant information it may have regarding persons, entities, assets

or funds affected by these regulations to the Monitoring Board, or

to such other public authority as may be prescribed by any other

law.

(2) The disclosure of any information within the terms

and requirements of this regulation shall not constitute a breach

of the Professional Secrecy Act, where applicable, or of any other

confidentiality obligation arising from a contract or any other law.

(3) Whosoever fails to abide by the provisions of sub-

regulation (1) shall be guilty of an offence.

Any person who commits an offence against any

provision of the Council Regulation to which this regulation

applies, or against these regulations shall, on conviction, be liable

to imprisonment for a term from twelve months to five years or

to a fine (multa) not exceeding one hundred and sixteen thousand

four hundred and sixty-eight euro (€116,468), or to both such

imprisonment and fine.

Schedule

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Regulation 3

II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 442/2011

of 9 May 2011

concerning restrictive measures in view of the situation in Syria

Charter of Fundamental Rights of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

and, in particular, the right to an effective remedy and to

a fair trial and the right to the protection of personal

data. This Regulation should be applied in accordance

Having regard to the Treaty on the Functioning of the European

with those rights.

Union, and in particular Article 215 thereof,

The power to amend the list in Annex II to this Regu­

(4)

Having regard to Council Decision 2011/273/CFSP of 9 May

lation should be exercised by the Council, in view of the

2011 concerning restrictive measures against Syria ( 1 ), adopted

serious political situation in Syria, and to ensure

in accordance with Chapter 2 of Title V of the Treaty on

consistency with the process for amending and

European Union,

reviewing the Annex to Decision 2011/273/CFSP.

Having regard to the joint proposal from the High Represen­

tative of the Union for Foreign Affairs and Security Policy and

The procedure for amending the lists in Annex II to this

(5)

the European Commission,

Regulation should include providing designated natural

or legal persons, entities or bodies with the grounds

for listing, so as to give them an opportunity to

submit observations. Where observations are submitted,

Whereas

or substantial new evidence is presented, the Council

should review its decision in light of those observations

and inform the person, entity or body concerned

accordingly.

Decision 2011/273/CFSP provides for an arms embargo,

(1)

a ban on internal repression equipment, and restrictions

on the admission to the Union, and the freezing of funds

and economic resources, of certain persons and entities

responsible for the violent repression against the civilian

For the implementation of this Regulation, and in order

(6)

population in Syria. Those persons, entities and bodies

to create maximum legal certainty within the Union, the

are listed in the Annex to that Decision.

names and other relevant data concerning natural and

legal persons, entities and bodies whose funds and

economic resources must be frozen in accordance with

this Regulation, must be made public.Any processing of

Some of those measures fall within the scope of the

(2)

personal data should comply with Regulation (EC) No

Treaty on the Functioning of the European Union and

45/2001 of the European Parliament and of the

regulatory action at the level of the Union is therefore

Council of 18 December 2000 on the protection of

necessary in order to implement them, in particular with

individuals with regard to the processing of personal

a view to ensuring their uniform application by

data by the Community institutions and bodies and on

economic operators in all Member States.

the free movement of such data ( 2 ) and Directive

95/46/EC of the European Parliament and of the

Council of 24 October 1995 on the protection of indi­

viduals with regard to the processing of personal data

This Regulation respects the fundamental rights and

(3)

and on the free movement of such data ( 3 ).

observes the principles recognised in particular by the

( 2 ) OJ L 8, 12.1.2001, p. 1.

( 1 ) OJ L 121, 10.5.2011, p. 11.

( 3 ) OJ L 281, 23.11.1995, p. 31.

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In order to ensure that the measures provided for in this

(e) ‘technical assistance’ means any technical support related to

(7)

Regulation are effective, this Regulation should enter into

repairs, development, manufacture, assembly, testing, main­

force on the day of its publication,

tenance, or any other technical service, and may take forms

such as instruction, advice, training, the transmission of

working knowledge or skills or consulting services;

including verbal forms of assistance;

HAS ADOPTED THIS REGULATION

Article 1

(f) ‘territory of the Union’ means the territories of the Member

States to which the Treaty is applicable, under the

For the purposes of this Regulation, the following definitions

conditions laid down in the Treaty, including their airspace.

shall apply

(a) ‘funds’ means financial assets and benefits of every kind,

Article 2

including but not limited to

1. It shall be prohibited

(i) cash, cheques, claims on money, drafts, money orders

and other payment instruments;

(a) to sell, supply, transfer or export, directly or indirectly,

equipment which might be used for internal repression as

listed in Annex I, whether or not originating in the Union,

(ii) deposits with financial institutions or other entities,

to any person, entity or body in Syria or for use in Syria;

balances on accounts, debts and debt obligations;

(iii) publicly- and privately-traded securities and debt

(b) to participate, knowingly and intentionally, in activities the

instruments, including stocks and shares, certificates

object or effect of which is to circumvent the prohibitions

representing securities, bonds, notes, warrants,

referred to in point (a).

debentures and derivatives contracts;

(iv) interest, dividends or other income on or value

2. Paragraph 1 shall not apply to protective clothing,

accruing from or generated by assets;

including flak jackets and helmets, temporarily exported to

Syria by United Nations (UN) personnel, personnel of the

Union or its Member States, representatives of the media or

(v) credit, right of set-off, guarantees, performance bonds

humanitarian and development workers and associated

or other financial commitments;

persons exclusively for their personal use.

(vi) letters of credit, bills of lading, bills of sale;

3. By way of derogation from paragraph 1, the competent

authorities in the Member States as listed in Annex III may

authorise the sale, supply, transfer or export of equipment

(vii) documents evidencing an interest in funds or financial

which might be used for internal repression, under such

resources;

conditions as they deem appropriate, if they determine that

such equipment is intended solely for humanitarian or

protective use.

(b) ‘freezing of funds’ means preventing any move, transfer,

alteration, use of, access to, or dealing with funds in any

way that would result in any change in their volume,

amount, location, ownership, possession, character, desti­

Article 3

nation or other change that would enable the funds to be

used, including portfolio management;

1. It shall be prohibited

(c) ‘economic resources’ means assets of every kind, whether

tangible or intangible, movable or immovable, which are

(a) to provide, directly or indirectly, technical assistance related

not funds but may be used to obtain funds, goods or

to the goods and technology listed in the Common Military

services;

List of the European Union ( 1 ) (Common Military List), or

related to the provision, manufacture, maintenance and use

of goods included in that list, to any person, entity or body

in Syria or for use in Syria;

(d) ‘freezing of economic resources’ means preventing their use

to obtain funds, goods or services in any way, including, but

not limited to, by selling, hiring or mortgaging them;

( 1 ) OJ C 86, 18.3.2011, p. 1.

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(b) to provide, directly or indirectly, technical assistance or

to circumvent the measures referred to in paragraphs 1 and 2

brokering services related to equipment which might be

shall be prohibited.

used for internal repression as listed in Annex I, to any

person, entity or body in Syria or for use in Syria;

Article 5

(c) to provide, directly or indirectly, financing or financial

1. Annex II shall consist of a list of natural or legal persons,

assistance related to the goods and technology listed in

entities and bodies who, in accordance with Article 4(1) of

the Common Military List or in Annex I, including in

Decision 2011/273/CFSP, have been identified by the Council

particular grants, loans and export credit insurance, for

as being persons and entities responsible for the violent

any sale, supply, transfer or export of such items, or for

repression against the civilian population in Syria, and natural

any provision of related technical assistance to any person,

or legal persons and entities associated with them.

entity or body in Syria or for use in Syria;

(d) to participate, knowingly and intentionally, in activities the

2. Annex II shall include the grounds for the listing of listed

object or effect of which is to circumvent the prohibitions

persons, entities and bodies concerned.

referred to in points (a) to (c).

2. By way of derogation from paragraph 1, the prohibitions

3. Annex II shall also include, where available, information

refered to therein shall not apply to the provision of technical

necessary to identify the natural or legal persons, entities and

assistance, financing and financial assistance related to

bodies concerned. With regard to natural persons, such

information may include names including aliases, date and

place of birth, nationality, passport and ID card numbers,

— technical assistance intended solely for the support of the

gender, address, if known, and function or profession. With

United Nations Disengagement Observer Force (UNDOF);

regard to legal persons, entities and bodies, such information

may include names, place and date of registration, registration

number and place of business.

— non-lethal military equipment, or equipment which might

be used for internal repression, intended solely for humani­

tarian purposes or protective use or for institution building

programmes of the UN and the Union, or for Union or UN

Article 6

crisis management operations; or

By way of derogation from Article 4, the competent authorities

in the Member States, as identified on the websites listed in

Annex III, may authorise the release of certain frozen funds

— non-combat vehicles fitted with materials to provide ballistic

or economic resources, or the making available of certain

protection, intended solely for the protective use of

funds or economic resources, under such conditions as they

personnel of the Union and its Member States in Syria;

deem appropriate, after having determined that the funds or

economic resources are

provided that such provision shall first have been approved by

the competent authority of a Member State, as identified on the

websites listed in Annex III.

(a) necessary to satisfy the basic needs of persons listed in

Annex II and their dependent family members, including

payments for foodstuffs, rent or mortgage, medicines and

medical treatment, taxes, insurance premiums, and public

Article 4

utility charges;

1. All funds and economic resources belonging to, owned,

held or controlled by the natural or legal persons, entities and

bodies listed in Annex II shall be frozen.

(b) intended exclusively for the payment of reasonable profes­

sional fees or the reimbursement of incurred expenses

associated with the provision of legal services;

2. No funds or economic resources shall be made available,

directly or indirectly, to or for the benefit of the natural or legal

persons, entities or bodies listed in Annex II.

(c) intended exclusively for the payment of fees or service

3. The participation, knowingly and intentionally, in

charges for routine holding or maintenance of frozen

activities the object or effect of which is, directly or indirectly,

funds or economic resources; or

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(d) necessary for extraordinary expenses, provided that the

2. Article 4(2) shall not prevent financial or credit insti­

relevant competent authority has notified to the

tutions in the Union from crediting frozen accounts where

competent authorities of the other Member States and to

they receive funds transferred to the account of a listed

the Commission at least two weeks before the authorisation

natural or legal person, entity or body, provided that any

the grounds on which it considers that a specific authori­

additions to such accounts will also be frozen. The financial

sation should be granted.

or credit institution shall inform the relevant competent

authority about any such transaction without delay.

The Member State concerned shall inform the other Member

States and the Commission of any authorisation granted under

Article 9

this Article.

By way of derogation from Article 4, and provided that a

payment by a person, entity or body listed in Annex II is due

under a contract or agreement that was concluded by, or an

Article 7

obligation that arose for the person, entity or body concerned

By way of derogation from Article 4, the competent authorities

before the date on which that person, entity or body had been

in the Member States, as listed in Annex III, may authorise the

designated, the competent authorities of the Member States, as

release of certain frozen funds or economic resources, if the

indicated on the websites listed in Annex III, may authorise,

following conditions are met

under such conditions as they deem appropriate, the release

of certain frozen funds or economic resources, provided that

the payment is not directly or indirectly received by a person or

(a) the funds or economic resources in question are the subject

entity referred to in Article 4.

of a judicial, administrative or arbitral lien established prior

to the date on which the person, entity or body referred to

in Article 4 was included in Annex II, or of a judicial,

Article 10

administrative or arbitral judgment rendered prior to that

date;

1. The freezing of funds and economic resources or the

refusal to make funds or economic resources available, carried

out in good faith on the basis that such action is in accordance

(b) the funds or economic resources in question will be used

with this Regulation, shall not give rise to liability of any kind

exclusively to satisfy claims secured by such a lien or

on the part of the natural or legal person or entity or body

recognised as valid in such a judgment, within the limits

implementing it, or its directors or employees, unless it is

set by applicable laws and regulations governing the rights

proved that the funds and economic resources were frozen or

of persons having such claims;

withheld as a result of negligence.

(c) the lien or judgment is not for the benefit of a person,

2. The prohibition set out in Article 4(2) shall not give rise

entity or body listed in Annex II; and

to any liability of any kind on the part of the natural and legal

persons, entities and bodies who made funds or economic

resources available if they did not know, and had no reasonable

(d) recognising the lien or judgment is not contrary to public

cause to suspect, that their actions would infringe the

policy in the Member State concerned.

prohibition in question.

The relevant Member State shall inform the other Member

States and the Commission of any authorisation granted

Article 11

under this Article.

1. Without prejudice to the applicable rules concerning

reporting, confidentiality and professional secrecy, natural and

legal persons, entities and bodies shall

Article 8

1. Article 4(2) shall not apply to the addition to frozen

accounts of

(a) supply immediately any information which would facilitate

compliance with this Regulation, such as accounts and

amounts frozen in accordance with Article 4, to the

(a) interest or other earnings on those accounts; or

competent authority in the Member State where they are

resident or located, as indicated on the websites listed in

Annex III, and shall transmit such information, either

(b) payments due under contracts, agreements or obligations

directly or through the Member States, to the Commission;

that were concluded or arose before the date on which

and

the account became subject to this Regulation,

provided that any such interest, other earnings and payments

(b) cooperate with that competent authority in any verification

are frozen in accordance with Article 4(1).

of this information.

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2. Any information provided or received in accordance with

and shall take all measures necessary to ensure that they are

this Article shall be used only for the purposes for which it was

implemented. The penalties provided for must be effective,

provided or received.

proportionate and dissuasive.

Article 12

2. Member States shall notify the Commission of those rules

without delay after the entry into force of this Regulation and

Member States and the Commission shall immediately inform

shall notify it of any subsequent amendment.

each other of the measures taken under this Regulation and

shall supply each other with any other relevant information at

their disposal in connection with this Regulation, in particular

Article 16

information in respect of violation and enforcement problems

and judgments handed down by national courts.

Where there is, in this Regulation, a requirement to notify,

inform or otherwise communicate with the Commission, the

address and other contact details to be used for such communi­

Article 13

cation shall be those indicated in Annex III.

The Commission shall be empowered to amend Annex III on

the basis of information supplied by Member States.

Article 17

Article 14

This Regulation shall apply

1. Where the Council decides to subject a natural or legal

person, entity or body to the measures referred to in

(a) within the territory of the Union, including its airspace;

Article 4(1), it shall amend Annex II accordingly.

2. The Council shall communicate its decision, including the

(b) on board any aircraft or any vessel under the jurisdiction of

grounds for listing, to the natural or legal person, entity or body

a Member State;

referred to in paragraph 1, either directly, if the address is

known, or through the publication of a notice, providing

such natural or legal person, entity or body with an opportunity

(c) to any person inside or outside the territory of the Union

to present observations.

who is a national of a Member State;

3. Where observations are submitted, or where substantial

new evidence is presented, the Council shall review its

(d) to any legal person, entity or body which is incorporated or

decision and inform the natural or legal person, entity or

constituted under the law of a Member State;

body accordingly.

(e) to any legal person, entity or body in respect of any

4. The list in Annex II shall be reviewed at regular intervals

business done in whole or in part within the Union.

and at least every 12 months.

Article 15

Article 18

This Regulation shall enter into force on the day of its publi­

1. Member States shall lay down the rules on penalties

cation in the Official Journal of the European Union.

applicable to infringements of the provisions of this Regulation

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 May 2011.

For the Council

The President

MARTONYI J.

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ANNEX I

List of equipment which might be used for internal repression as referred to in Article 2 and Article 3

1. Firearms, ammunition and related accessories therefor, as follows

1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 1 ) (Common

Military List);

1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;

1.3 Weapon-sights not controlled by the Common Military List.

2. Bombs and grenades not controlled by the Common Military List.

3. Vehicles as follows

3.1 Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

3.2 Vehicles specially designed or modified to be electrified to repel borders;

3.3 Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic

protection;

3.4 Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

3.5 Vehicles specially designed to deploy mobile barriers;

3.6 Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.

Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting.

Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.

4. Explosive substances and related equipment as follows

4.1 Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing

sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those

specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other

equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge

arresters of fire sprinkler actuators);

4.2 Linear cutting explosive charges not controlled by the Common Military List;

4.3 Other explosives not controlled by the Common Military List and related substances as follows

(a) amatol;

(b) nitrocellulose (containing more than 12,5 % nitrogen);

(c) nitroglycol;

(d) pentaerythritol tetranitrate (PETN);

(e) picryl chloride;

(f) 2,4,6-trinitrotoluene (TNT).

5. Protective equipment not controlled by ML 13 of the Common Military List as follows

5.1 Body armour providing ballistic and/or stabbing protection;

5.2 Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic shields.

Note: This item does not control

— equipment specially designed for sports activities;

— equipment specially designed for safety of work requirements.

6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms,

and specially designed software therefor.

7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common

Military List.

( 1 ) OJ C 86, 18.3.2011, p. 1.

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8. Razor barbed wire.

9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

10. Production equipment specially designed for the items specified in this list.

Specific technology for the development, production or use of the items specified in this list.

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ANNEX II

List of natural and legal persons, entities or bodies referred to in Article 4

Persons

Date of

Name

Identifying information

Reasons

listing

1. Maher Al-Assad

Born on 8 December 1967;

Commander of the army's 4th Division,

09.05.2011

diplomatic passport No. 4138

member of Baath Party Central

Command, strongman of the Republican

Guard; principal overseer of violence

against demonstrators.

2. Ali Mamlouk

Born on 19 February 1946 in

Head of General Intelligence Service;

09.05.2011

Damascus; diplomatic passport

Head of Syrian Intelligence since 2005;

No. 983

involved in violence against demon­

strators.

3. Mohammad

Minister for the Interior

in the

09.05.2011

Ibrahim Al-Chaar

government; involved in

violence

against demonstrators.

4. Atef Najib

Former Head of Political Security in

09.05.2011

Deraa; involved in violence against

demonstrators.

5. Hafez Makhlouf

Born on 2 April 1971 in

Colonel and Head of Unit in General

09.05.2011

Damascus; diplomatic passport

Intelligence

Directorate,

Damascus

No. 2246

Branch; close to Maher al-Assad;

involved in violence against demon­

strators.

6. Mohammed Dib

Head of Political Security; involved in

09.05.2011

Zeitoun

violence against demonstrators.

7. Amjad Al-Abbas

Head of Political Security in Banias,

09.05.2011

involved in violence against demon­

strators in Baida.

8. Rami Makhlouf

Born on 10 July 1969 in

Syrian businessman. Associate of Maher

09.05.2011

Damascus, passport No. 454224

al-Assad; bankrolls the regime allowing

violence against demonstrators.

9. Abd Al-Fatah

Head of Syrian Military Intelligence and

09.05.2011

Qudsiyah

as such involved in the repression

against the civilian population.

10. Jamil Hassan

Head of Syrian Air Force Intelligence and

09.05.2011

as such involved in the repression

against the civilian population.

11. Rustum Ghazali

Head of Syrian Military Intelligence,

09.05.2011

Damascus Countryside Branch and as

such involved in the repression against

the civilian population.

Fawwaz Al-Assad

Involved in the repression against the

09.05.2011

civilian population as part of the

Shabiha militia.

Mundir Al-Assad

Involved in the repression against the

09.05.2011

civilian population as part of the

Shabiha militia.

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ANNEX III

List of competent authorities in the Member States referred to in Articles 3(2), 6, 7, 8, 9, 11(1) and 13(4) and

address for notifications to the European Commission

A. Competent authorities in each Member State

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/view/5519

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

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LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

B. Address for notifications to or other communication with the European Commission

European Commission

Service for Foreign Policy Instruments

CHAR 12/096

B-1049 Bruxelles/Brussel

Belgium

E-mail: relex-sanctions@ec.europa.eu

Tel.: +(32 2) 295 66 73

€1.08