Enforcement of European Union Sanctions

L.N 333 of 2011.

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Egypt) 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 (Egypt) 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. 270/2011 of 21 March 2011 concerning restrictive measures

in view of the situation in Egypt, which text is contained in the

Schedule annexed to these regulations.

For the purposes of article 3 of the European Union Act,

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 Notification about

persons or entities as may be identified or identifiable under these freezing of assets.

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

Regulation 3

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COUNCIL REGULATION (EU) No 270/2011

of 21 March 2011

concerning restrictive measures directed against certain persons, entities and bodies in view of the

situation in Egypt

The procedure for amending the list in Annex I to this

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Regulation should include providing natural or legal

persons, entities or bodies concerned with the grounds

for their listing, so as to give them an opportunity to

Having regard to the Treaty on the Functioning of the European

submit observations. Where observations are submitted,

Union, and in particular Article 215(2) thereof,

or substantial new evidence is presented, the Council

should review its decision on Annex I in light of those

observations and inform the person, entity or body

Having regard to Council Decision 2011/172/CFSP of 21 March

concerned accordingly.

2011 concerning restrictive measures directed against certain

persons, entities and bodies in view of the situation in Egypt ( 1 ),

For the implementation of this Regulation, and in order

(6)

to create maximum legal certainty within the Union, the

Having regard to the joint proposal from the High Represen­

names and other relevant data concerning natural and

tative of the Union for Foreign Affairs and Security Policy and

legal persons, entities and bodies whose funds and

the European Commission,

economic resources must be frozen in accordance with

this Regulation, must be made public. Any processing of

personal data should comply with Regulation (EC) No

Whereas

45/2001 of the European Parliament and of the

Council of 18 December 2000 on the protection of

individuals with regard to the processing of personal

Decision 2011/172/CFSP provides for the freezing of

(1)

data by the Community institutions and bodies and on

funds and economic resources of certain persons

the free movement of such data ( 2 ) and Directive

having been identified as responsible for the misappro­

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

priation of Egyptian State funds, and natural or legal

Council of 24 October 1995 on the protection of indi­

persons, entities or bodies associated with them, who

viduals with regard to the processing of personal data

are thus depriving the Egyptian people of the benefits

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

of the sustainable development of their economy and

society and undermining the development of

democracy in the country. These natural or legal

In order to ensure that the measures provided for in this

(7)

persons, entities and bodies are listed in the Annex to

Regulation are effective, it should enter into force

Decision 2011/172/CFSP.

immediately,

These measures fall within the scope of the Treaty on the

(2)

Functioning of the European Union and, therefore,

HAS ADOPTED THIS REGULATION

notably with a view to ensuring their uniform application

by economic operators in all Member States, regulatory

action at the level of the Union is necessary in order to

Article 1

implement them.

For the purposes of this Regulation, the following definitions

shall apply

This Regulation respects the fundamental rights and

(3)

observes the principles recognised in particular by the

Charter of Fundamental Rights of the European Union

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

and notably the right to an effective remedy and to a fair

including but not limited to

trial and the right to the protection of personal data. This

Regulation should be applied in accordance with those

rights.

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

and other payment instruments;

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

(4)

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

seriousness of the political and security situation in Egypt

(ii) deposits with financial institutions or other entities,

and to ensure consistency with the process for amending

balances on accounts, debts and debt obligations;

and reviewing the Annex to Decision 2011/172/CFSP.

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

( 1 ) See page 63 of this Official Journal.

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

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(iii) publicly and privately traded securities and debt

to circumvent the measures referred to in paragraphs 1 and 2

instruments, including stocks and shares, certificates

shall be prohibited.

representing securities, bonds, notes, warrants,

debentures and derivatives contracts;

Article 3

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

1. Annex I shall include the grounds for listing of listed

accruing from or generated by assets;

natural or legal persons, entities and bodies concerned.

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

2. Annex I shall also include, where available, information

or other financial commitments;

necessary to identify the natural or legal persons, entities and

bodies concerned. With regard to natural persons, such

information may include names, including aliases, date and

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

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

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

regard to legal persons, entities and bodies, such information

may include names, place and date of registration, registration

(vii) documents evidencing an interest in funds or financial

number and place of business.

resources;

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

Article 4

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

way that would result in any change in their volume,

1. By way of derogation from Article 2, the competent

amount, location, ownership, possession, character, desti­

authorities of the Member States, as indicated on the websites

nation or other change that would enable the funds to be

listed in Annex II, may authorise the release of certain frozen

used, including portfolio management;

funds or economic resources, or the making available of certain

funds or economic resources, under such conditions as they

deem appropriate, after having determined that the funds or

economic resources are

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

tangible or intangible, movable or immovable, which are

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

services;

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

in Annex I and their dependent family members, including

payments for foodstuffs, rent or mortgage, medicines and

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

medical treatment, taxes, insurance premiums, and public

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

utility charges;

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

(b) intended exclusively for the payment of reasonable profes­

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

sional fees or the reimbursement of incurred expenses

States to which the Treaty is applicable, under the

associated with the provision of legal services;

conditions laid down in the Treaty, including their airspace.

Article 2

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

charges for routine holding or maintenance of frozen

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

funds or economic resources; or

held or controlled by, persons who, as referred to in Article 1(1)

of Decision 2011/172/CFSP, have been identified as being

responsible for the misappropriation of Egyptian State funds,

and natural or legal persons, entities and bodies associated

(d) necessary for extraordinary expenses, provided that the

with them, as listed in Annex I, shall be frozen.

Member State concerned has notified all other Member

States and the Commission of the grounds on which it

considers that a specific authorisation should be granted,

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

at least 2 weeks prior to the authorisation.

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

persons, entities or bodies listed in Annex I.

2. The Member State concerned shall inform the other

3. The participation, knowingly and intentionally, in

Member States and the Commission of any authorisation

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

granted under paragraph 1.

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Article 5

concluded by, or an obligation that arose for, the person,

entity or body concerned, before the date on which that

1. By way of derogation from Article 2, the competent

person, entity or body was listed in Annex I, the competent

authorities in the Member States, as indicated on the websites

authorities of the Member States, as indicated on the websites

listed in Annex II, may authorise the release of certain frozen

listed in Annex II, may authorise, under such conditions as they

funds or economic resources, provided that the following

deem appropriate, the release of certain frozen funds or

conditions are met

economic resources, if the following conditions are met

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

(a) the competent authority concerned has determined that

of a judicial, administrative or arbitral lien established prior

to the date on which the natural or legal person, entity or

body referred to in Article 2 was listed in Annex I, or of a

judicial, administrative or arbitral judgment rendered prior

(i) the funds or economic resources shall be used for a

to that date;

payment by a person, entity or body listed in Annex

I; and

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

exclusively to satisfy claims secured by such a lien or

(ii) the payment is not in breach of Article 2(2);

recognised as valid in such a judgment, within the limits

set by applicable laws and regulations governing the rights

of persons having such claims;

(b) the Member State concerned has, at least 2 weeks prior to

the grant of the authorisation, notified the other Member

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

States and the Commission of that determination and its

entity or body listed in Annex I; and

intention to grant an authorisation.

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

Article 8

policy in the Member State concerned.

1. The freezing of funds and economic resources or the

refusal to make funds or economic resources available, carried

2. The Member State concerned shall inform the other

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

Member States and the Commission of any authorisation

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

granted under paragraph 1.

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

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

proved that the funds and economic resources were frozen or

Article 6

withheld as a result of negligence.

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

accounts of

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

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

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

persons, entities and bodies who made funds or economic

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

cause to suspect, that their actions would infringe the

(b) payments due under contracts, agreements or obligations

prohibition in question.

that were concluded or arose before the date on which

the natural or legal person, entity or body referred to in

Article 2 has been listed in Annex I,

Article 9

1. Without prejudice to the applicable rules concerning

provided that any such interest, other earnings and payments

reporting, confidentiality and professional secrecy, natural and

will also be frozen in accordance with Article 2(1).

legal persons, entities and bodies shall

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

tutions in the Union from crediting frozen accounts where

(a) supply immediately any information which would facilitate

they receive funds transferred to the account of a listed

compliance with this Regulation, such as accounts and

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

amounts frozen in accordance with Article 2(1), to the

additions to such accounts will also be frozen. The financial

competent authority in the Member State where they are

or credit institution shall inform the relevant competent

resident or located, as indicated on the websites listed in

authority about any such transaction without delay.

Annex II, and shall transmit such information, either

directly or through the Member States, to the Commission;

and

Article 7

By way of derogation from Article 2 and provided that a

payment by a natural or legal person, entity or body listed in

(b) cooperate with that competent authority in any verification

Annex I is due under a contract or agreement that was

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 shall be effective,

provided or received.

proportionate and dissuasive.

Article 10

2. Member States shall notify the Commission of those rules

without delay after the entry into force of this Regulation and

The Commission and Member States shall immediately inform

shall notify it of any subsequent amendment to them.

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 14

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

Article 11

address and other contact details to be used for such communi­

cation shall be those indicated in Annex II.

The Commission shall be empowered to amend Annex II on

the basis of information supplied by Member States.

Article 15

Article 12

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;

Article 2(1), it shall amend Annex I accordingly.

2. The Council shall communicate the decision referred to in

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

paragraph 1, including the grounds for listing, to the natural or

a Member State;

legal person, entity or body concerned, either directly, if the

address is known, or through the publication of a notice,

providing such person, entity or body with an opportunity to

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

present observations.

who is a national of a Member State;

3. Where observations are submitted, or where substantial

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

new evidence is presented, the Council shall review the

constituted under the law of a Member State;

decision referred to in paragraph 1 and inform the person,

entity or body concerned accordingly.

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

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

business done in whole or in part within the Union.

and at least every 12 months as from 21 March 2011.

Article 13

Article 16

1. Member States shall lay down the rules on penalties

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

applicable to infringements of the provisions of this Regulation

cation in the Official Journal of the European Union.

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

Done at Brussels, 21 March 2011.

For the Council

The President

C. ASHTON

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ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2(1)

Name (and any aliases)

Identifying information

Grounds for designation

1. Mohamed Hosni Elsayed Mubarak

Former President of the Arab

Person

subject

to

judicial

Republic of Egypt

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth 04.05.1928

propriation of State Funds on the

basis of the United Nations

Male

Convention against corruption

2. Suzanne Saleh Thabet

Spouse of Mr. Mohamed Hosni

Person

subject

to

judicial

Elsayed Mubarak, former President

proceedings by the Egyptian

of the Arab Republic of Egypt

authorities in respect of the misap­

propriation of State Funds on the

Date of birth: 28.02.1941

basis of the United Nations

Convention against corruption

Female

3. Alaa Mohamed

Hosni

Elsayed

Son of Mr. Mohamed Hosni

Person

subject

to

judicial

Mubarak

Elsayed Mubarak, former President

proceedings by the Egyptian

of the Arab Republic of Egypt

authorities in respect of the misap­

propriation of State Funds on the

Date of birth: 26.11.1960

basis of the United Nations

Convention against corruption

Male

4. Heidy Mahmoud Magdy Hussein

Spouse of Mr. Alaa Mohamed

Person

subject

to

judicial

Rasekh

Hosni Elsayed Mubarak, son of

proceedings by the Egyptian

former President of the Arab

authorities in respect of the misap­

Republic of Egypt

propriation of State Funds on the

basis of the United Nations

Date of birth: 05.10.1971

Convention against corruption

Female

5. Gamal Mohamed Hosni Elsayed

Son of Mr. Mohamed Hosni

Person

subject

to

judicial

Mubarak

Elsayed Mubarak, former President

proceedings by the Egyptian

of the Arab Republic of Egypt

authorities in respect of the misap­

propriation of State Funds on the

Date of birth: 28.12.1963

basis of the United Nations

Convention against corruption

Male

6. Khadiga Mahmoud El Gammal

Spouse of Mr. Gamal Mohamed

Person

subject

to

judicial

Hosni Elsayed Mubarak, son of

proceedings by the Egyptian

former President of the Arab

authorities in respect of the misap­

Republic of Egypt

propriation of State Funds on the

basis of the United Nations

Date of birth: 13.10.1982

Convention against corruption

Female

7. Ahmed Abdelaziz Ezz

Former Member of the Parliament

Person

subject

to

judicial

proceedings by the Egyptian

Date of birth: 12.01.1959

authorities in respect of the misap­

propriation of State Funds on the

Male

basis of the United Nations

Convention against corruption

8. Abla Mohamed Fawzi Ali Ahmed

Spouse of Mr. Ahmed Abdelaziz

Person

subject

to

judicial

Ezz

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 31.01.1963

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

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Name (and any aliases)

Identifying information

Grounds for designation

9. Khadiga Ahmed Ahmed Kamel

Spouse of Mr Ahmed Abdelaziz

Person

subject

to

judicial

Yassin

Ezz

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 25.05.1959

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

10. Shahinaz Abdel Aziz Abdel Wahab

Spouse of Mr. Ahmed Abdelaziz

Person

subject

to

judicial

Al Naggar

Ezz

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 09.10.1969

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

11. Ahmed Alaeldin Amin

Abdel­

Former Minister of Housing, Public

Person

subject

to

judicial

maksoud Elmaghraby

Utilities and Urban Development

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 16.05.1945

propriation of State Funds on the

basis of the United Nations

Male

Convention against corruption

12. Naglaa Abdallah El Gazaerly

Spouse of Mr. Ahmed Alaeldin

Person

subject

to

judicial

Amin Abdelmaksoud Elmaghraby

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 03.06.1956

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

13. Rachid Mohamed Rachid Hussein

Former Minister of Trade and

Person

subject

to

judicial

Industry

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 09.02.1955

propriation of State Funds on the

basis of the United Nations

Male

Convention against corruption

14. Hania Mahmoud Abdel Rahman

Spouse of Mr. Rachid Mohamed

Person

subject

to

judicial

Fahmy

Rachid Hussein

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 05.07.1959

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

15. Mohamed Zohir Mohamed Wahed

Former Minister of Tourism

Person

subject

to

judicial

Garrana

proceedings by the Egyptian

Date of birth: 20.02.1959

authorities in respect of the misap­

propriation of State Funds on the

Male

basis of the United Nations

Convention against corruption

16. Jaylane Shawkat Hosni Galal Eldin

Spouse of Mr. Mohamed Zohir

Person

subject

to

judicial

Mohamed Wahed Garrana

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 08.01.1960

propriation of State Funds on the

basis of the United Nations

Female

Convention against corruption

17. Amir Mohamed Zohir Mohamed

Son of Mr. Mohamed

Zohir

Person

subject

to

judicial

Wahed Garrana

Mohamed Wahed Garrana

proceedings by the Egyptian

authorities in respect of the misap­

Date of birth: 21.09.1990

propriation of State Funds on the

basis of the United Nations

Male

Convention against corruption

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Name (and any aliases)

Identifying information

Grounds for designation

18. Habib Ibrahim Habib Eladli

Former Minister of Interior

Person

subject

to

judicial

proceedings by the Egyptian

Date of birth: 01.03.1938

authorities in respect of the misap­

propriation of State Funds on the

Male

basis of the United Nations

Convention against corruption

19. Elham Sayed Salem Sharshar

Spouse of Mr. Habib Ibrahim Eladli

Person

subject

to

judicial

proceedings by the Egyptian

Date of birth: 23.01.1963

authorities in respect of the misap­

propriation of State Funds on the

Female

basis of the United Nations

Convention against corruption

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ANNEX II

List of competent authorities in the Member States referred to in Articles 4(1) and 5(1), Article 7 and

Article 9(1)(a) and address for notifications to the Commission

A. Competent authorities in each Member State

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/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

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

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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

http://www.fco.gov.uk/competentauthorities

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

European Commission

Foreign Policy Instruments Service

CHAR 12/106

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

Tel. +32 22955585

Fax +32 22990873

€0.99