Enforcement of European Union Sanctions

L.N. 68 of 2013

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Lebanon) Regulations, 2013

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 (Lebanon) Regulations, 2013.

COUNCIL REGULATION (EC) No 1412/2006

of 25 September 2006

concerning certain restrictive measures in respect of Lebanon

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in

particular Articles 60 and 301 thereof,

Having regard to Common Position 2006/625/CFSP concerning a prohibition

on the sale or supply of arms and related matériel and on the provision of related

services to entities or individuals in Lebanon in accordance with UN Security

Council Resolution 1701 (2006) ( * 1),

Having regard to the proposal from the Commission,

Whereas

(1) Common Position 2006/625/CFSP implements the restrictive measures

imposed by United Nations (UN) Security Council Resolution 1701 (2006) and

provides, inter alia, for a prohibition on the provision of technical assistance and

of financing and financial assistance related to military activities and to the

provision, manufacture, maintenance and use of arms and related matériel of all

types to entities or individuals in Lebanon.

(2) These measures fall within the scope of the Treaty and, therefore,

notably with a view to ensuring their uniform application by economic operators in

all Member States, Community legislation is necessary to implement them as far as

the Community is concerned.

(3) On a case-by-case basis, the competent authorities should be allowed to

grant authorisations for the provision of assistance where such provision was

authorised by the Government of Lebanon or by the UN Interim Force in Lebanon

(UNIFIL), and taking into account UN Security Council Resolutions 1559 (2004)

and 1680 (2006) and any other relevant facts and circumstances.

(4) It is appropriate to allow the competent authorities to grant

authorisations for the provision of assistance to the armed forces that are part of

UNIFIL and to the armed forces of the Lebanese Republic.

(5) For reasons of expediency, the Commission should be empowered to

amend the Annex to this Regulation.

* OJ L 253, 16.9.2006, p. 36.

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(6) Member States should determine the penalties applicable to

infringements of the provisions of this Regulation. The penalties provided for

should be proportionate, effective and dissuasive.

(7) This Regulation should enter into force on the day of its publication so

as to ensure that the measures provided for in it are effective,

HAS ADOPTED THIS REGULATION

Article 1

For the purposes of this Regulation, the following definitions shall apply

1. ‘technical assistance’ means any technical support related to repairs,

development, manufacture, assembly, testing, maintenance, or any other technical

service, and may take forms such as instruction, advice, training, transmission of

working knowledge or skills or consulting services; technical assistance shall

include verbal forms of assistance;

2. ‘territory of the Community’ means the territories of the Member States

to which the Treaty is applicable, under the conditions laid down in the Treaty.

Article 2

It shall be prohibited

(a)

to provide technical assistance related to military activities and

to the provision, manufacture, maintenance and use of arms and related

matériel of all types, including weapons and ammunition, military vehicles

and equipment, paramilitary equipment, and spare parts for the

aforementioned, directly or indirectly to any natural or legal person, entity or

body in, or for use in, Lebanon;

(b)

to provide financing or financial assistance related to military

activities, including in particular grants, loans and export credit insurance,

for any sale, supply, transfer or export of arms and related matériel, or for

any provision of related technical assistance, directly or indirectly to any

natural or legal person, entity or body in, or for use in, Lebanon;

(c)

to participate, knowingly and intentionally, in activities, the

object or effect of which is to circumvent the prohibitions referred to in

points (a) or (b).

Article 3

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

Member States as listed in the Annex may authorise, after prior written notification

to the Government of Lebanon and UNIFIL, and under such conditions as they

deem appropriate

(a)

the provision to any natural or legal person, entity or body in

Lebanon other than the armed forces of the Lebanese Republic or UNIFIL, of

technical assistance, financing and financial assistance related to arms or

related matériel which are either in or for use in Lebanon, provided that

(i) the services shall not be provided, directly or indirectly, to

any militia for whose disarmament the UN Security Council has called

in its Resolutions 1559 (2004) and 1680 (2006),

(ii)

the authorisations are granted on a case-by-case basis, and

(iii) the Government of Lebanon or UNIFIL authorised in each

case the provision to the person, entity or body concerned of the

services concerned. If the Government of Lebanon or UNIFIL

authorises a specific supply or transfer to a person, entity or body of

specific arms or related matériel, that authorisation may be construed as

authorising the provision to that person, entity or body of technical

assistance related to the provision, manufacture, maintenance and use of

the goods concerned;

(b)

the provision to the armed forces of the Lebanese Republic of

technical assistance related to military activities and to arms or related

matériel, and of financing and financial assistance related to military

activities, unless the Government of Lebanon raises any objection within 14

days after the receipt of a notification.

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

Member States as listed in the Annex may authorise, under such conditions as they

deem appropriate

(a)

the provision of technical assistance related to military activities

and to arms or related matériel, provided that

(i) the goods to which the assistance relates are in use or will

be used by UNIFIL in the performance of its mission, and

(ii) the services are provided to armed forces that are or will be

part of UNIFIL;

(b)

the provision of financing and financial assistance related to

military activities and to arms or related matériel, provided that

(i) the financing or financial assistance is provided to

UNIFIL, to the armed forces of a State that provides troops to UNIFIL,

or to a public authority in charge of procurement for the armed forces of

such a State, and

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(ii) the arms or related matériel are procured for the purpose of

use by UNIFIL or by the armed forces of the State concerned assigned

to UNIFIL.

3. The competent authorities of Member States may only grant the

authorisations referred to in paragraphs 1 and 2 prior to the activity for which they

are requested.

Article 4

The Commission and Member States shall immediately inform 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 information in respect of violation and enforcement problems and

judgments handed down by national courts.

Article 5

The Commission shall be empowered to amend the Annex on the basis of

information supplied by Member States.

Article 6

1. Member States shall lay down the rules on penalties applicable to

infringements of the provisions of this Regulation and shall take all measures

necessary to ensure that they are implemented. The penalties provided for must be

effective, proportionate and dissuasive.

2. Member States shall notify the Commission of those rules without delay

after the entry into force of this Regulation and shall notify it of any subsequent

amendment.

Article 7

This Regulation shall apply

(a)

within the territory of the Community, including its airspace;

(b)

on board of any aircraft or any vessel under the jurisdiction of a

Member State;

(c)

to any person inside or outside the territory of the Community

who is a national of a Member State;

(d)

to any legal person, entity or body which is incorporated or

constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business

done in whole or in part within the Community.

Article 8

This Regulation shall enter into force on the day of its publication in the

Official Journal of the European Union.

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

Member States.

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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.

1412/2006 of 25 September 2006 concerning certain restrictive

measures in respect of Lebanon, which text is contained in the

2006. Schedule to these regulations.

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

the provisions of Council Regulation are 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 Cap. 377.

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)

Where an offence against any provision of the Corporate

Council Regulation to which these regulations apply, or against these liability.

regulations is committed by a body of persons, whether corporate or

unincorporate, every person who, at the time of the commission of the

offence, was a director, manager, secretary or other similar officer of

such body or association, or was purporting to act in any such

capacity, shall be guilty of that offence unless he proves that the

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

(2) Where the person found guilty of an offence under these

regulations is an officer of a body corporate as is referred to in article

121D of the Criminal Code or is a person having a power of Cap. 9.

representation or having such authority as is referred to in that article

and the offence of which that person was found guilty was committed

for the benefit, in part or in whole, of that body corporate, the said

person shall for the purposes of these regulations be deemed to be

vested with the legal representation of the same body corporate which

shall be liable to the payment of a fine of not less than five thousand

euro (€5,000) and not more than one hundred and sixteen thousand

four hundred and sixty-eight euro (€116,468).

Any person who commits an offence against any provision Penalty.

of the Council Regulation to which these regulations apply, 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.

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