Enforcement of European Union Sanctions

L.N. 165 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Somalia) Regulations, 2014

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 Citation.

European Union Sanctions (Somalia) Regulations, 2014.

(Regulation 3)

COUNCIL REGULATION (EC) No 147/2003

of 27 January 2003

concerning certain restrictive measures in respect of Somalia

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 Council Common Position 2002/960/CFSP of 10 December

2002 concerning restrictive measures against Somalia * ,

Having regard to the proposal from the Commission,

Whereas

(1) On 23 January 1992 the United Nations Security Council adopted

resolution 733 (1992), imposing a general and complete embargo on all deliveries

of weapons and military equipment to Somalia (hereinafter referred to as ‘the arms

embargo’).

(2) On 19 June 2001 the United Nations Security Council adopted

resolution 1356 (2001), permitting certain exemptions to the arms embargo.

(3) On 22 July 2002 the United Nations Security Council adopted

resolution 1425 (2002), extending the arms embargo by prohibiting the direct or

indirect supply to Somalia of technical advice, financial and other assistance, and

training related to military activities.

(4) Certain of these measures fall under the scope of the Treaty and,

therefore, notably with a view to avoiding distortion of competition, Community

legislation is necessary to implement the relevant decisions of the Security Council

as far as the territory of the Community is concerned. For the purpose of this

Regulation, the territory of the Community is deemed to encompass the territories

of the Member States to which the Treaty is applicable, under the conditions laid

down in that Treaty.

(5) The Commission and the Member States should inform each other of

the measures taken under this Regulation and of other relevant information at their

disposal in connection with this Regulation, and cooperate with the Committee

established by paragraph 11 of Resolution 733 (1992), in particular by supplying

information to it.

*OJ L 334, 11.12.2002, p. 1.

(6) Violations of the provisions of this Regulation should be subject to

sanctions and Member States should impose appropriate sanctions to that end. It is,

moreover, desirable that sanctions for violations of the provisions of this

Regulation can be imposed on the date of entry into force of this Regulation and

that Member States institute proceedings against any persons, entities or bodies

under their jurisdiction that have violated any of the provisions,

HAS ADOPTED THIS REGULATION

Article 1

Without prejudice to the powers of the Member States in the exercise of their

public authority, it shall be prohibited

-

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 materiel, directly

or indirectly to any person, entity or body in Somalia,

-

to grant, sell, supply or transfer technical advice, assistance or

training related to military activities, including in particular training and

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

related materiel of all types, directly or indirectly to any person, entity or

body in Somalia.

Article 2

The participation, knowingly and intentionally, in activities the object or

effect of which is, directly or indirectly, to promote the transactions referred to in

Article 1 shall be prohibited.

Article 3

1. Article 1 shall not apply to

-

the provision of financing and financial assistance for the sale,

supply, transfer or export of non-lethal military equipment intended solely

for humanitarian or protective use, or for material intended for institution

building programmes of the Union, Community or Member States, including

in the field of security, carried out within the framework of the Peace and

Reconciliation Process,

-

the provision of technical advice, assistance or training related

to such non-lethal equipment, if such activities have been approved in

advance by the Committee established by paragraph 11 of Resolution 751

(1992) of the Security Council of the United Nations.

2. Article 1 shall not apply either to protective clothing, including flak

jackets and military helmets, temporarily exported to Somalia by United Nations

personnel, representatives of the media and humanitarian and development

workers and associated personnel for their personal use only.

3. Article 2 shall not apply to the participation in activities the object or

effect of which is to promote activities that have been approved by the Committee

established by paragraph 11 of Resolution 751 (1992) of the Security Council of

the United Nations.

Article 4

Without prejudice to the rights and obligations of the Member States under

the Charter of the United Nations, the Commission shall maintain all necessary

contacts with the Security Council Committee mentioned in Article 3(1) for the

purpose of the effective implementation of this Regulation.

Article 5

The Commission and the Member States shall immediately informeach other

of the measures taken under this Regulation and shall supply each other with

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 6

This Regulation shall apply notwithstanding any rights conferred or

obligations imposed by any international agreement signed or any contract entered

into or any licence or permit granted before the entry into force of this Regulation.

Article 7

1. Each Member State shall determine the sanctions to be imposed where

the provisions of this Regulation are infringed. Such sanctions shall be effective,

proportionate and dissuasive. Pending the adoption, where necessary, of any

legislation to this end, the sanctions to be imposed where the provisions of this

Regulation are infringed shall, where relevant, be those determined by the Member

States in order to give effect to Article 7 of Council Regulation (EC) No 1318/

2002 of 22 July 2002 concerning certain restrictive measures in respect of

Liberia * .

2. Each Member State shall be responsible for bringing proceedings

against any natural or legal person, entity or body under its jurisdiction, in cases of

violation of any of the prohibitions laid down in this Regulation by such person,

entity or body.

*OJ L 194, 23.7.2002, p. 1.

Article 8

This Regulation shall apply

-

within the territory of the Community, including its airspace,

-

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

Member State,

-

to any person elsewhere who is a national of a Member State,

and

-

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

constituted under the law of a Member State.

Article 9

This Regulation shall enter into force on the day following that of its

publication in the Official Journal of the European Communities.

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

Member States.

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU

COUNCIL REGULATION (EU) No 356/2010

of 26 April 2010

imposing certain specific restrictive measures directed against certain natural or

legal persons, entities or bodies, in view of the situation in Somalia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

in particular Article 215 (1) and (2) thereof,

Having regard to Council Decision 2010/231/CFSP of 26 April 2010

concerning restrictive measures against Somalia and repealing Common Position

2009/138/CFSP * ,

Having regard to the joint proposal from the High Representative of the

*See page 17 of the Official Journal dated 27th April 2010.

Union for Foreign Affairs and Security Policy and the European Commission,

Whereas

(1) On 20 November 2008, the United Nations Security Council

(hereinafter referred to as the ‘Security Council’), acting under Chapter VII of the

Charter of the United Nations, adopted Resolution 1844 (2008) confirming the

general and complete arms embargo against Somalia imposed by the United

Nations Security Council Resolution (UNSCR) 733 (1992) and introducing

additional restrictive measures.

(2) The additional restrictive measures concern restrictions on admission

and financial restrictive measures against individuals and entities designated by

the Security Council or by the United Nations Sanctions Committee established

pursuant to UNSCR 751 (1992) concerning Somalia (hereinafter referred to as the

‘Sanctions Committee’). In addition to the general arms embargo, the Resolution

introduces a specific prohibition on the direct and indirect supply, sale or transfer,

of weapons and military equipment and a specific prohibition on the provision of

related assistance and services, to individuals and entities listed by the Sanctions

Committee.

(3) The restrictive measures are aimed at individuals and entities

designated by the United Nations (UN) as engaging in or providing support for

acts that threaten the peace, security or stability of Somalia, including acts that

threaten the Djibouti Agreement of 18 August 2008 or the political process, or

threaten the Transitional Federal Institutions (TFIs) or the African Union Mission

in Somalia (AMISOM) by force, as having acted in violation of the arms embargo

and related measures, or as obstructing the delivery of humanitarian assistance to

Somalia, or access to, or distribution of, humanitarian assistance in Somalia.

(4) On 16 February 2009, the Council of the European Union adopted

Common Position 2009/138/CFSP concerning restrictive measures against

Somalia * which provides, inter alia, for financial restrictive measures concerning

natural or legal persons, entities or bodies listed by the UN, as well as for a

prohibition on the direct and indirect provision of assistance and services related to

weapons and military equipment to such persons, entities or bodies.

(5) On 19 March 2010, the Security Council adopted UNSCR 1916 (2010)

which, inter alia, decided to ease some restrictions and obligations under the

sanctions regime to enable the delivery of supplies and technical assistance by

international, regional and sub-regional organisations and to ensure the timely

delivery of urgently needed humanitarian assistance by the UN.

(6) On 12 April 2010, the Sanctions Committee adopted the list of persons

and entities which are subject to restrictive measures.

*OJ L 46, 17.2.2009, p. 73.

(7) On that basis, on 26 April 2010 the Council adopted Decision 2010/231/

CFSP.

(8) These measures fall within the scope of the Treaty on the Functioning of

the European Union and, therefore, notably with a view to ensuring their uniform

application by economic operators in all Member States, an act of the Union is

necessary in order to implement them as far as the Union is concerned.

(9) Council Regulation (EC) No 147/2003 of 27 January 2003 concerning

certain restrictive measures in respect of Somalia * imposed a general prohibition

on the provision of technical advice, assistance, training, financing or financial

assistance related to military activities, to any person, entity or body in Somalia. A

new Council Regulation should be adopted to implement the measures concerning

natural or legal persons, entities or bodies listed by the UN.

(10) This Regulation respects the fundamental rights and observes the

principles recognised in particular by the Charter of Fundamental Rights of the

European Union ** and notably the right to an effective remedy and to a fair trial,

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

Regulation should be applied in accordance with those rights and principles.

(11) This Regulation also fully respects the obligations of Member States

under the Charter of the United Nations and the legally binding nature of Security

Council Resolutions.

(12) The power to amend the list in Annex I to this Regulation should be

exercised by the Council, in view of the specific threat to international peace and

security in the region posed by the situation in Somalia and in order to ensure

consistency with the process for amending and reviewing the Annex to Council

Decision 2010/231/CFSP.

(13) The procedure for amending the list in Annex I to this Regulation

should include providing to designated natural or legal persons, entities or bodies

the reasons for their listing as transmitted by the Sanctions Committee, so as to

give them an opportunity to present observations. Where observations are

submitted or substantial new evidence is presented, the Council should review its

decision in the light of those observations and inform the person, entity or body

concerned accordingly.

(14) In order to create maximum legal certainty within the Union, the names

and other relevant data for identifying natural or legal persons, entities or bodies

whose funds and economic resources are frozen in accordance with this Regulation

should be published.

(15)

Any processing of personal data of natural persons under this

*OJ L 24, 29.1.2003, p. 2.

**OJ C 364, 18.12.2000, p. 1.

Regulation should respect Regulation (EC) No 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 data by the Community

institutions and bodies and on the free movement of such data * and Directive 95/

46/EC of the European Parliament and of the Council of 24 October 1995 on the

protection of individuals with regard to the processing of personal data and on the

free movement of such data ** .

(16) 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,

HAS ADOPTED THIS REGULATION

Article 1

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

(a)

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

including but not limited to

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

other payment instruments;

(ii) deposits with financial institutions or other entities,

balances on accounts, debts and debt obligations;

(iii) publicly and privately traded securities and debt

instruments, including stocks and shares, certificates representing

securities, bonds, notes, warrants, debentures and derivatives contracts;

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

from or generated by assets;

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

other financial commitments;

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

(vii) documents evidencing an interest in funds or financial

resources;

(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,

*OJ L 8, 12.1.2001, p. 1.

**OJ L 281, 23.11.1995, p. 31.

possession, character, destination or other change that would enable the

funds to be used, including portfolio management;

(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;

(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;

(e)

‘Sanctions Committee’ means the Committee of the Security

Council established pursuant to UNSCR 751 (1992) concerning Somalia;

(f)

‘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;

including verbal forms of assistance;

(g)

‘investment services’ means

(i) reception and transmission of orders in relation to one or

more financial instruments;

(ii)

execution of orders on behalf of clients;

(iii) dealing on own account;

(iv) portfolio management;

(v)

investment advice;

(vi) underwriting of financial instruments and/or placing of

financial instruments on a firm commitment basis;

(vii) placing of

financial

instruments

without

a

firm

commitment basis; or

(viii) operating of multilateral trading facilities,

provided that the activity relates to any of the financial instruments listed in

Section C of Annex I to Directive 2004/39/EC of the European Parliament

and of the Council of 21 April 2004 on markets in financial instruments * ;

(h)

‘territory of the Union’ means the territories to which the

*OJ L 145, 30.4.2004, p. 1.

Treaties are applicable, under the conditions laid down in the Treaties;

(i)

‘statement of reasons’ means the publicly releasable portion of

the statement of case and/or, where applicable, the narrative summary of

reasons for listing as provided by the Sanctions Committee.

Article 2

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

controlled by natural or legal persons, entities, or bodies listed in Annex I, shall be

frozen.

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

indirectly, to or for the benefit of natural or legal persons, entities or bodies listed

in Annex I.

3. Annex I shall consist of natural or legal persons, entities or bodies

designated by the Security Council or by the Sanctions Committee in accordance

with UNSCR 1844 (2008).

4. The participation, knowingly and intentionally, in activities the object

or effect of which is, directly or indirectly, to circumvent the measures referred to

in paragraphs 1 and 2 shall be prohibited.

5. The prohibition set out in paragraph 2 shall not give rise to liability of

any kind on the part of the natural or legal persons, entities or bodies which made

funds or economic resources available, where they did not know, and had no

reasonable cause to suspect, that their actions would infringe this prohibition.

Article 3

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

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that

were concluded or arose before the date on which the natural or legal person,

entity or body referred to in Article 2 was designated by the Sanctions

Committee or the Security Council,

provided that any such interest, other earnings and payments continue to be subject

to Article 2(1).

2. Article 2(2) shall not prevent financial or credit institutions in the Union

from crediting frozen accounts where they receive funds transferred to the account

of a listed natural or legal person, entity or body, provided that any additions to

such accounts will also be frozen. The financial or credit institution shall inform

the competent authorities in the Member States, as indicated in the websites listed

in Annex II, about such transactions without delay.

Article 4

1. Article 2(1) and (2) shall not apply to the making available of funds, or

economic resources necessary to ensure the timely delivery of urgently needed

humanitarian assistance in Somalia, by the United Nations, its specialised agencies

or programmes, humanitarian organisations having observer status with the United

Nations General Assembly that provide humanitarian assistance, or their

implementing partners.

2. The exemption set out in paragraph 1 shall not give rise to liability of

any kind on the part of the natural or legal persons, entities or bodies which made

funds or economic resources available, where they did not know, and had no

reasonable cause to suspect, that their actions would not be covered by this

exemption.

Article 5

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

Member States, as indicated in the websites listed in Annex II, may authorise,

under such conditions as they deem appropriate, the release of certain frozen funds

or economic resources, or the making available of certain funds or economic

resources, if the following conditions are met

(a)

the competent authority concerned has determined that the funds

or economic resources are

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

Annex I, and their dependent family members, including payments for

foodstuffs, rent or mortgage, medicines and medical treatment, taxes,

insurance premiums, and public utility charges;

(ii) intended exclusively for payment of reasonable

professional fees and reimbursement of incurred expenses associated

with the provision of legal services; or

(iii) intended exclusively for payment of fees or service

charges for routine holding or maintenance of frozen funds or economic

resources; and

(b)

the Member State concerned has notified the Sanctions

Committee of that determination and its intention to grant an authorisation,

and the Sanctions Committee has not objected to that course of action within

three working days of the notification.

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

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

funds or economic resources or the making available of certain funds or economic

resources, after having determined that these are necessary to cover extraordinary

expenses, provided that the Sanctions Committee has been notified of this

determination by the Member State concerned and that the determination has been

approved by that Committee.

3. The relevant Member State shall inform the other Member States and

the Commission of any authorisation granted under paragraphs 1 and 2.

Article 6

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

Member States, as indicated in the websites listed in Annex II, may authorise the

release of certain frozen funds or economic resources, if the following conditions

are met

(a)

the funds or economic resources are the subject of a judicial,

administrative or arbitral lien established before the date on which the natural

or legal person, entity or body referred to in Article 2 has been designated by

the Sanctions Committee or the Security Council or of a judicial,

administrative or arbitral judgment rendered prior to that date;

(b)

the funds or economic resources will be used exclusively to

satisfy claims secured by such a lien or recognised as valid in such a

judgment, within the limits set by applicable laws and regulations governing

the rights of persons having such claims;

(c)

the lien or judgment is not for the benefit of a natural or legal

person, entity or body listed in Annex I;

(d)

the lien or judgment is not contrary to public policy in the

Member State concerned; and

(e)

the Sanctions Committee has been notified by the Member State

of the lien or judgment.

Article 7

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

kind on the part of the natural or legal person or entity implementing it, or its

directors or employees, unless it is proved that the funds and economic resources

were frozen as a result of negligence.

Article 8

1. It shall be prohibited to provide, directly or indirectly, any of the

following to any natural or legal person, entity or body listed in Annex I

(a)

technical assistance related to military activities or to the supply,

sale, transfer, manufacture, maintenance or use of goods and technology

included in the Common Military List of the European Union * ;

(b)

financing or financial assistance related to military activities or

to the supply, sale, transfer, manufacture, maintenance or use of goods and

technology included in the Common Military List of the European Union;

(c)

investment services related to military activities or to the supply,

sale, transfer, manufacture, maintenance or use of goods and technology

included in the Common Military List of the European Union.

2. The participation, knowingly and intentionally, in activities the object

or effect of which is, directly or indirectly, to circumvent the prohibition referred

to in paragraph 1 shall be prohibited.

3. The prohibition set out in paragraph 1(b) shall not give rise to liability

of any kind on the part of the natural or legal persons, entities or bodies which

provided financing or financial assistance, where they did not know, and had no

reasonable cause to suspect, that their actions would infringe this prohibition.

Article 9

1. Without prejudice to the applicable rules concerning reporting,

confidentiality and professional secrecy, natural or legal persons, entities or bodies

shall

(a)

supply immediately the competent authorities, as indicated on

the websites listed in Annex II for the country where they are resident or

located, with any information which would facilitate compliance with this

Regulation, such as accounts and amounts frozen in accordance with Article

2, and shall forward such information, directly or through these competent

authorities, to the Commission; and

(b)

cooperate with the competent authorities as indicated on the

websites listed in Annex II in any verification of this information.

2. Any information provided or received in accordance with this Article

shall be used only for the purposes for which it was provided or received.

Article 10

The Commission and Member States shall immediately inform each other of

the measures taken under this Regulation and shall supply each other with any

*OJ C 69, 18.3.2010, p. 19.

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 11

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

information supplied by Member States.

Article 12

1. Where the Security Council or the Sanctions Committee lists a natural

or legal person, entity or body and has provided a statement of reasons for the

designation, the Council shall include such natural or legal person, entity or body

in Annex I. The Council shall communicate its decision and the statement of

reasons to the natural or legal person, entity or body concerned, either directly, if

the address is known, or through the publication of a notice, providing such natural

or legal person, entity or body an opportunity to present observations.

2. Where observations are submitted, or where substantial new evidence is

presented, the Council shall review its decision and inform the person, entity or

body accordingly.

Article 13

Where the UN decides to de-list a person, entity or body, or to amend the

identifying data of a listed person, entity or body, the Council shall amend Annex I

accordingly.

Article 14

Annex I shall include, where available, information provided by the Security

Council or by the Sanctions Committee necessary to identify the natural or legal

persons, entities or 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, gender, address, if known, and function

or profession. With regard to legal persons, entities or bodies, such information

may include names, place and date of registration, registration number and place

of business. Annex I shall also include the date of designation by the Security

Council or by the Sanctions Committee.

Article 15

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 16

1. Member States shall designate the competent authorities referred to in

this Regulation and identify them in, or through, the websites listed in Annex II.

2. Member States shall notify the Commission of their competent

authorities without delay after the entry into force of this Regulation, and shall

notify it of any subsequent amendment thereto.

3. Where this Regulation sets out a requirement to notify, inform or

otherwise communicate with the Commission, the address and other contact details

to be used for such communication shall be those indicated in Annex II.

Article 17

This Regulation shall apply

(a)

within the territory of the Union, including its airspace;

(b)

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

Member State;

(c)

to any person inside or outside the territory of the Union 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 Union.

Article 18

This Regulation shall enter into force on the day following that 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.

Done at Luxembourg, 26 April 2010.

For the Council

The President

C. ASHTON

ANNEX I

NATURAL AND LEGAL PERSONS, ENTITIES OR BODIES

REFERRED TO IN ARTICLES 2 AND 8

I.

Natural persons

1. Yasin Ali Baynah (a.k.a. a) Ali, Yasin Baynah, b) Ali, Yassin Mohamed,

c) Baynah, Yasin, d) Baynah, Yassin, e) Baynax, Yasiin Cali, f) Beenah, Yasin, g)

Beenah, Yassin, h) Beenax, Yasin, i) Beenax, Yassin, j) Benah, Yasin, k) Benah,

Yassin, l) Benax, Yassin, m) Beynah, Yasin, n) Binah, Yassin, o) Cali, Yasiin

Baynax) Date of birth: circa 1966. Nationality: Somalia. Alt. Nationality: Sweden.

Location: Rinkeby, Stockholm, Sweden; Mogadishu, Somalia.

2. Hassan Dahir Aweys (a.k.a. a) Ali, Sheikh Hassan Dahir Aweys, b)

Awes, Hassan Dahir, c) Awes, Shaykh Hassan Dahir, d) Aweyes, Hassen Dahir, e)

Aweys, Ahmed Dahir, f) Aweys, Sheikh, g) Aweys, Sheikh Hassan Dahir, h) Dahir,

Aweys Hassan, i) Ibrahim, Mohammed Hassan, j) OAIS, Hassan Tahir, k) Uways,

Hassan Tahir, l) ‘Hassan, Sheikh’) Date of birth: 1935. Citizen: Somalia.

Nationality: Somalia. Location: Somalia; Eritrea.

3. Hassan Abdullah Hersi Al-Turki (a.k.a. a) Al-Turki, Hassan, b) Turki,

Hassan, c) Turki, Hassan Abdillahi Hersi, d) Turki, Sheikh Hassan, e) Xirsi, Xasan

Cabdilaahi, f) Xirsi, Xasan Cabdulle) Date of birth: circa 1944. Place of birth

Ogaden Region, Ethiopia. Nationality: Somalia. Location: Somalia.

4. Ahmed Abdi aw-Mohamed (a.k.a. a) Abu Zubeyr, Muktar Abdirahman,

b) Abuzubair, Muktar Abdulrahim, c) Aw Mohammed, Ahmed Abdi, d) Aw-

Mohamud, Ahmed Abdi, e) ‘Godane’, f) ‘Godani’, g) ‘Mukhtar, Shaykh’, h)

‘Zubeyr, Abu’) Date of birth: 10 July 1977. Place of birth: Hargeysa, Somalia.

Nationality: Somalia.

5. Fuad Mohamed Khalaf (a.k.a. a) Fuad Mohamed Khalif, b) Fuad

Mohamed Qalaf, c) Fuad Mohammed Kalaf, d) Fuad Mohamed Kalaf, e) Fuad

Mohammed Khalif, f) Fuad Khalaf, g) Fuad Shongale, h) Fuad Shongole, i) Fuad

Shangole, j) Fuad Songale, k) Fouad Shongale, l) Fuad Muhammad Khalaf

Shongole) Nationality: Somalia. Location: Mogadishu, Somalia. Alt. Location

Somalia.

6. Bashir Mohamed Mahamoud (a.k.a. a) Bashir Mohamed Mahmoud, b)

Bashir Mahmud Mohammed, c) Bashir Mohamed Mohamud, d) Bashir Mohamed

Mohamoud, e) Bashir Yare, f) Bashir Qorgab, g) Gure Gap, h) ‘Abu Muscab’, i)

‘Qorgab’) Date of birth: circa 1979-1982. Alt. date of birth: 1982. Nationality

Somalia. Location: Mogadishu, Somalia.

7. Mohamed Sa’id (a.k.a. a)‘Atom’, b) Mohamed Sa’id Atom, c)

Mohamed Siad Atom) Date of birth: circa 1966. Place of birth: Galgala, Somalia.

Location: Galgala, Somalia. Alt.Location: Badhan, Somalia.

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

"the Act" means the National Interest (Enabling Powers) Act;

"the Council Regulations" means the Council Regulations

referred to in regulation 3, any amendment thereto and any repealing

Regulation;

"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 Cap. 460.

European Union Act.

These regulations apply to the following European Council Text of

European

Regulations

Council

Regulation No.

147/2003 and of

(a)

European Council Regulation (EC) No. 147/2003

European

of 27 January, 2003 concerning certain restrictive measures in

Council

Regulation No.

respect of Somalia (as amended); and

356/2010.

(b)

European Council Regulation (EC) No. 356/2010

of 26 April 2010, imposing certain specific restrictive measures

directed against certain natural or legal persons, entities or

bodies in view of the situation in Somalia (as amended),

which texts are contained in the Schedule to these regulations.

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

the Council Regulations are binding in their entirety in Malta and the

Union Act.

shall be part of the domestic law thereof under the conditions laid Cap. 460.

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 as is referred to in article 4

of the Criminal Code.

(1)

Where an offence against any provision of the

Council Regulations, to which these regulations apply, or against

these 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

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

of the Council Regulations 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.

Fares Mohammed Mana’a (a.k.a.: a) Faris Mana’a, b) Fares Mohammed

Manaa) Date of birth: 8 February 1965. Place of birth: Sadah, Yemen. Passport

No.: 00514146; place of issue: Sanaa, Yemen. ID Card No.: 1417576; place of

issue: Al-Amana, Yemen; date of issue: 7 January 1996.

II.

Legal persons, entities or bodies

AL-SHABAAB (a.k.a. a) Al-Shabab, b) Shabaab, c) The Youth, d)

Mujahidin Al-Shabaab Movement, e) Mujahideen Youth Movement, f) Mujahidin

Youth Movement, g) MYM, h) Harakat Shabab Al-Mujahidin, i) Hizbul Shabaab,

j) Hisb’ul Shabaab, k) Al-Shabaab Al-Islamiya, l) Youth Wing, m) Al-Shabaab Al-

Islaam, n) Al-Shabaab Al-Jihaad, o) The Unity Of Islamic Youth, p) Harakat Al-

Shabaab Al-Mujaahidiin, q) Harakatul Shabaab Al Mujaahidiin, r) Mujaahidiin

Youth Movement) Location: Somalia.

ANNEX II

WEBSITES FOR INFORMATION ON THE COMPETENT AUTHORITIES

REFERRED TO IN ARTICLES 3(2), 5, 6 AND 9 AND ADDRESS FOR

NOTIFICATIONS TO THE EUROPEAN COMMISSION

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

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.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/

International+Sanctions/

SPAIN

www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales

FRANCE

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

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

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

LATVIA

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

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

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

nemzetkozi_szankciok/felelos_illetekes_hatosagok.htm

MALTA

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

NETHERLANDS

www.minbuza.nl/nl/Onderwerpen/Internationale_rechtsorde/

Internationale_Sancties/Bevoegde_instnties_algemeen

AUSTRIA

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

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.mne.gov.pt/mne/pt/AutMedidasRestritivas.htm

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

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/en/about-us/what-we-do/services-we-deliver/

business-services/export-controls-sanctions/

Address for notifications to the European Commission

European Commission

DG for External Relations

Directorate A. Crisis Platform and Policy Coordination in CFSP

Unit A.2. Crisis Management and Conflict Prevention

CHAR 12/106

B-1049

Bruxelles/Brussel (Belgium)

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

Tel.: (32 2) 295 55 85

Fax: (32 2) 299 08 73