Regulations, 2011

L.N. 69 of 2011

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Libyan Arab Jamahiriya)

Regulations, 2011

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 Citation.

Sanctions (Libyan Arab Jamahiriya) Regulations.

In these regulations, unless the context otherwise requires - Interpretation.

“Annex I” means Annex I to the Resolution referred to

in Regulation 3;

“Annex II” means Annex II to the Resolution referred to

in Regulation 3;

“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 24 of the Resolution;

“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

number 1970 (2011) adopted by the Security Council of the United

Nations on the 26th February, 2011 is published in the English

language in the Schedule to these regulations.

(1) It shall be unlawful to sell, supply or transfer,

whether directly or indirectly, to the Libyan Arab Jamahiriya, from

or through Malta, or by citizens of Malta, or using Maltese-flagged

vessels or aircraft

(a) arms and related material of all types,

including weapons and ammunition, military vehicles and

equipment, paramilitary equipment, and spare parts for the

aforementioned;

(b) technical assistance, training, financial or other

assistance, related to military activities or the provision,

maintenance or use of any arms and related material,

including the provision of armed mercenary personnel

whether or not originating in Malta.

(2) The measures imposed by sub-regulation (1) of this

regulation shall not apply to

(a) the supply of non-lethal military equipment

intended solely for humanitarian or protective use, and

related technical assistance or training, as approved by the

Committee; or

(b) protective clothing, including flak jackets and

military helmets, temporarily exported to the Libyan Arab

Jamahiriya by United Nations personnel, representatives of

the media and humanitarian and development works and

associated personnel, for their personnel use only; or

(c) other sales or supply of arms and related material,

or provision of assistance or personnel, as approved in

advance by the Committee.

It shall be unlawful to procure, buy or otherwise receive,

directly or indirectly, in Malta or by citizens of Malta, or using

Maltese-flagged vessels or aircraft, arms and related material from

the Libyan Arab Jamahiriya, whether or not originating in the

territory of the Libyan Arab Jamahiriya.

Any items prohibited under regulations 4 and 5, shall be

liable to seizure and may be disposed of by any means necessary

including through their destruction or their being rendered

inoperable.

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

Malta of the individuals listed in Annex I of the Resolution or

designated by the Committee shall, subject to sub-regulation (2)

and (3) of this regulation, be prohibited.

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

apply to Maltese nationals entering into Malta.

(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 entry or transit is necessary for the fulfilment of

a judicial process or a judicial proceeding; or

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

that an exemption would further the objectives of peace and

national reconciliation in the Libyan Arab Jamahiriya and

stability in the region; or

(d) on a case-by-case basis it is determined that such

entry or transit is required to advance peace and stability in

the Libyan Arab Jamahiriya

Provided that in such case, the Committee is

notified of such a determination within a period of 48

hours after it has been made.

(1) Any funds, other financial assets and economic Freezing of funds,

resources which are owned or controlled, directly or indirectly, by assets and economic

the individuals and entities listed in Annex II of the Resolution or

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 immediately be subject to freezing and shall remain

so 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

person in Malta to make available any funds, other financial assets

or economic resources to or for the benefit of the individuals or

entities listed in Annex II of the Resolution.

(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 in accordance

with national laws, 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 Committee, having been notified

of the intention by the Maltese authorities to authorise,

where appropriate, access to such funds, other financial

assets or economic resources, does not give a negative

decision within five working days of such notification; or

(b) to be necessary for extraordinary expenses

Provided that such determination has been notified by

the Maltese authorities 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 26th February, 2011 and is not for the

benefit of a person or entity duly designated pursuant to

sub-regulation (1) of this regulation, and that such lien or

judgement has been notified by the Maltese authorities

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).

€1.30