United Nations Sanctions (Libyan Arab Jamahiriya)

L.N. 77 of 2011

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Libyan Arab Jamahiriya)

(Amendment) 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) (Amendment) Regulations, 2011

and these regulations shall be read and construed as one with the

United Nations Sanctions (Libyan Arab Jamahiriya) Regulations, L.N. 65 of 2011

2011 hereinafter referred to as "the principal regulations"".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Security

Council" there shall be inserted the following definition

" "Monitoring Board" means the Board established

under regulation 2 of the Sanctions (Monitoring Board) S.L. 365.08

Regulations;"; and

(b) for the definition "weapons" there shall be

substituted the following

" "weapons" means arms proper as defined in

article 64(1) of the Criminal Code and includes every Cap. 9.

component part thereof and any accessory thereto.".

In sub-regulation (1) of regulation 4 of the principal Amends

regulations, for the words "It shall be unlawful" there shall be regulation

the principal

substituted the words "It shall be an offence".

regulations.

In regulation 5 of the principal regulations, for the words Amends

"It shall be unlawful" there shall be substituted the words "It shall be regulation

the principal

an offence".

regulations.

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof, immediately after the

words "and economic resources" there shall be added the words

", including interests or other earnings due on those accounts or

payments due under contracts, agreements or obligations,"; and

(b) in sub-regulation (2) thereof, for the words "It shall

be unlawful" there shall be substituted the words "It shall be an

offence".

Regulation 9 of the principal regulations shall be

renumbered as regulation 11 thereof.

Immediately after regulation 8 of the principal regulations

there shall be added the following new regulation

" Notification

(1) Where any provision of any

about freezing

regulation made under the Act, requires any

of assets.

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.

(1) The provisions of regulation

Licences.

8 shall not apply to anything done under the

authority of a licence issued in writing by the

Minister of Finance.

(2) A licence issued in terms of sub-

regulation (1) shall specify the acts authorised

by it and may be -

(a)

general or granted to a

category of persons or to a particular

person;

(b) subject

to

terms

and

conditions;

(c)

granted for an indefinite

period or for a specified period.

(3) A licence issued in terms of sub-

regulation (1) shall be subject to being varied

or revoked by the Minister of Finance at his

sole discretion and at any time.

(4) When a licence under sub-

regulation (1) is issued, varied or revoked, the

Minister of Finance shall

(a)

in the case of a licence issued

to a particular person, give notice in

writing of the issue, variation or

revocation to that person;

(b) in the case of a general

licence or a licence granted to a category

of persons, take such steps as he may

consider appropriate to publicise the

issue, variation or revocation of the

licence.

(5) Any person who, for the purpose of

obtaining a licence under sub-regulation (1),

knowingly or recklessly -

(a)

provides information that is

false in a material respect, or

(b) provides or produces a

document that is not what it purports to

be,

shall be guilty of an offence.

(6) Any person who purports to act

under the authority of a licence issued under

sub-regulation (1) but who fails to comply

with any terms and conditions included in the

licence shall be guilty of an offence.".

8. In regulation 11, as renumbered, of the principal Amends

regulations, for the words from "be liable to" to the words regulation

renumbered of

"(€116,469)" there shall be substituted the words "be liable to the

regulations.

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

with any terms and conditions included in the

licence shall be guilty of an offence.".

8. In regulation 11, as renumbered, of the principal Amends

from "be liable to" to the words regulation

regulations, for the

words ELETTRONIKA

VERŻJONI

renumbered of

"(€116,469)" there shall be substituted the words "be liable to the

regulations.

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".

€0.37