Enforcement of European Union Sanctions

L.N. 166 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Liberia) 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 (Liberia) Regulations, 2014.

(Regulation 3)

COUNCIL REGULATION (EC) No 234/2004

of 10 February 2004

concerning certain restrictive measures in respect of Liberia

and repealing Regulation (EC) No 1030/2003

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 2004/137/CFSP of 10 February

2004 concerning restrictive measures against Liberia and repealing Common

Position 2001/357/CFSP

Having regard to the proposal from the Commission,

Whereas

(1) In its Resolution 1521 (2003) of 22 December 2003, the UN Security

Council, acting under Chapter VII of the Charter of the United Nations, and noting

the changed circumstances in Liberia, in particular the departure of former

President Charles Taylor and the formation of the National Transitional

Government of Liberia, decided to modify certain of the restrictive measures

imposed against Liberia by United Nations Security Council Resolutions 1343

(2001) of 7 March 2001 and 1478 (2003) of 6 May 2003.

(2) Common Position 2004/137/CFSP provides for the implementation of

the measures set out in UN Security Council Resolution 1521 (2003), including a

ban on technical assistance related to military activities and imports of rough

diamonds from and of round logs and timber products originating in Liberia.

(3) Common Position 2004/137/CFSP also provides for a ban on services

related to military activities, and on financial assistance related to military

activities, which is not cited in UN Security Council Resolution 1521 (2003).

(4) Some of the measures provided for by Resolutions 1343 (2001) and

1478 (2003) were implemented by Council Regulation (EC) No 1030/2003 of 16

June 2003 concerning certain restrictive measures in respect of Liberia. * The

amendments to those measures fall within the scope of the Treaty and, therefore, in

order to avoid any distortion of competition, Community legislation is necessary to

implement the relevant decisions of the Security Council as far as the Community

* OJ L 150, 18.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC)

No 2061/2003 (OJ L 308, 25.11.2003, p. 5).

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) For the sake of clarity, a single text containing all the relevant

provisions as amended should be adopted, replacing Regulation (EC) No 1030/

2003, which should be repealed.

(6) In order to ensure that the measures provided for in this Regulation are

effective, this Regulation should enter into force on the day following that of its

publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION

Article 1

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

‘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 includes

verbal forms of assistance.

Article 2

It shall be prohibited

(a)

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

military activities and to the provision, manufacture, maintenance and use of

arms and related materiel of all types, including weapons and ammunition,

military vehicles and equipment, paramilitary equipment, and spare parts for

the aforementioned, directly or indirectly to any person, entity or body in, or

for use in, Liberia;

(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 materiel, directly

or indirectly to any person, entity or body in, or for use in, Liberia;

(c)

to participate, knowingly and intentionally, in activities the

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

referred to in paragraphs (a) and (b).

Article 3

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

in Annex I, of the Member State where the service provider is established, may

authorise the provision of

(a)

technical assistance, financing and financial assistance related to

arms and related materiel, where such assistance or services are intended

solely for support of and use by the United Nations Mission in Liberia, or of

(b) financing and financial assistance related to

(i) arms and related materiel intended solely for support of

and use in an international training and reform programme for the

Liberian armed forces and police, or to

(ii) non-lethal military

equipment

intended

solely

for

humanitarian or protective use.

2. No authorisations shall be granted for activities that have already taken

place.

Article 4

1. Where such activities have been approved in advance by the Committee

established by paragraph 21 of UN Security Council Resolution 1521 (2003), and

by way of derogation from Article 2 of this Regulation, the competent authority, as

listed in Annex I, of the Member State where the service provider is established,

may authorise the provision of technical assistance related to

(a)

arms and related materiel intended solely for support of and use

in an international training and reform programme for the Liberian armed

forces and police, or to

(b)

non-lethal military equipment intended solely for humanitarian

or protective use.

Such approval shall be obtained through the competent authority, as listed in

Annex I, of the Member State where the service provider is established.

2. No authorisations shall be granted for activities that have already taken

place.

Article 5

Article 2 shall not apply to protective clothing, including flak jackets and

military helmets, temporarily exported to Liberia by United Nations personnel,

personnel of the European Union, the Community or its Member States,

representatives of the media and humanitarian and development workers and

associated personnel, for their personal use only.

Article 6

1. The direct or indirect import into the Community of all rough diamonds

from Liberia, as defined in Annex II, whether originating there or not, shall be

prohibited.

2. The import into the Community of all round logs and timber products

originating in Liberia, as defined in Annex III, shall be prohibited.

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

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

in paragraphs 1 and 2, shall also be prohibited.

Article 7

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 Committee established by paragraph 21 of UN Security Council

Resolution 1521 (2003) for the purposes of effective implementation of this

Regulation.

Article 8

Member States shall immediately inform each other and the Commission 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

judgements handed down by national courts.

Article 9

The Commission shall be empowered to

(a)

amend Annex I on the basis of information supplied by Member

States;

(b)

amend Annexes II and III in order to bring them into line with

changes that may be made to the Combined Nomenclature.

Article 10

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 13 February 2004.

Article 11

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

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

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

effective, proportionate and dissuasive.

2. The Member States shall notify these rules to the Commission without

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

subsequent amendment.

Article 12

This Regulation shall apply

(a)

within the territory of the Community, including its airspace;

(b)

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

Member State;

(c)

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

(d)

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

constituted under the law of a Member State;

(e)

to any legal person, group or entity doing business within the

Community.

Article 13

Regulation (EC) No 1030/2003 is hereby repealed.

Article 14

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

Done at Brussels, 10 February 2004.

For the Council

The President

C. McCREEVY

ANNEX I

List of competent authorities referred to in Articles 3 and 4

BELGIUM

Service public fédéral des affaires étrangères, commerce extérieur et

coopération au développement

Egmont 1

Rue des Petits Carmes 19

B-1000 Bruxelles

Federale Overheidsdienst Buitenlandse Zaken, Buitenlandse Handel en

Ontwikkelingssamenwerking

Egmont 1

Karmelietenstraat 19

B-1000 Brussel

Direction générale des affaires bilatérales

Service ‘Afrique du sud du Sahara’

Téléphone (32-2) 501 88 75

Télécopieur (32-2) 501 38 26

Directoraat-generaal Bilaterale zaken

Dienst Afrika ten zuiden van de Sahara

Tel. (32-2) 501 88 75

Fax (32-2) 501 38 26

Service public fédéral de l'économie, des PME, des classes moyennes et de

l'énergie

ARE 4e o division, service des licences

Avenue du Général Leman 60

B-1040 Bruxelles

Téléphone (32-2) 206 58 16/27

Télécopieur (32-2) 230 83 22

Federale Overheidsdienst Economie, KMO, Middenstand en Energie

BEB, afdeling 4, Dienst vergunningen

Generaal Lemanlaan 60

B-1040 Brussel

Tel. (32-2) 206 58 16/27

Fax (32-2) 230 83 22

Brussels Hoofdstedelijk Gewest - Région de Bruxelles-Capitale (Region

Brüssel-Hauptstadt)

Kabinet van de minister van Financiën, Begroting, Openbaar Ambt en

Externe Betrekkingen van de Brusselse Hoofdstedelijke regering

Kunstlaan 9

B-1210 Brussel

Cabinet du ministre des finances, du budget, de la fonction publique et des

relations extérieures du gouvernement de la Région de Bruxelles-Capitale

Avenue des Arts 9

B-1210 Bruxelles

Téléphone (32-2) 209 28 25

Télécopieur (32-2) 209 28 12

Région wallonne (Wallonische Region)

Cabinet du ministre-président du gouvernement wallon

Rue Mazy 25-27

B-5100 Jambes-Namur

Téléphone (32-81) 33 12 11

Télécopieur (32-81) 33 13 13

Vlaams Gewest (Flämische Region)

Administratie Buitenlands Beleid

Boudewijnlaan 30

B-1000 Brussel

Tel. (32-2) 553 59 28

Fax (32-2) 553 60 37

DENMARK

Erhvervs- og Boligstyrelsen

Dahlerups Pakhus

Langelinie Allé 17

DK-2100 København Ø

Tlf. (45) 35 46 60 00

Fax (45) 35 46 60 01

Udenrigsministeriet

Asiatisk Plads 2

DK-1448 København K

Tlf. (45) 33 92 00 00

Fax (45) 32 54 05 33

Justitsministeriet

Slotsholmsgade 10

DK-1216 København K

Tlf. (45) 33 92 33 40

Fax (45) 33 93 35 10

GERMANY

Concerning financing and financial assistance

Deutsche Bundesbank

Servicezentrum Finanzsanktionen

Postfach

D-80281 München

Tel.: (49-89) 28 89 38 00

Fax: (49-89) 35 01 63 38 00

Concerning technical assitance and other services

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Frankfurter Straße 29-35

D-65760 Eschborn

Tel.: (49) 619 69 08-0

Fax: (49) 619 69 08-800

GREECE

A. Freezing of Assets

Ministry of Economy and Finance

General Directory of Economic Policy

5 Nikis Str.

GR-101 80 Athens

Tel. (30) 210 333 27 86

Fax (30) 210 333 28 10

A. ∆ΕSΜΕΥSΗ ΚΕFΑΛΑΙΩΝ

Υpουργeίο Οικονοµίaς κaι Οικονοµικών

Geνική ∆ιeύθυνsη Οικονοµικής Πολιtικής

Νίκης 5

GR-101 80 Αθήνa

Τηλ. (30) 210 333 27 86

Faξ (30) 210 333 28 10

B. Import- Export restrictions

Ministry of Economy and Finance

General Directorate for Policy Planning and Management

Kornaroy Str. 1

GR-105 63 Athens

Tel. (30) 210 328 64 01-3

Fax (30) 210 328 64 04

B. ΠΕΡΙΟΡΙSΜΟΙ ΕΙSΑGΩGΩΝ - ΕΞΑGΩGΩΝ

Υpουργeίο Οικονοµίaς κaι Οικονοµικών

Geνική ∆ιeύθυνsη Sχedιasµού κaι ∆ιaχeίριsης Πολιtικής

Κορνάρου 1

GR-105 63 Αθήνa

Τηλ. (30) 210 328 64 01-3

Faξ (30) 210 328 64 04

SPAIN

Ministerio de Economía

Dirección General de Comercio e Inversiones

Paseo de la Castellana, 162

E-28046 Madrid

Tel.: (34) 913 49 38 60

Fax: (34) 914 57 28 63

FRANCE

Ministère de l'économie, des finances et de l'industrie

Direction générale des douanes et des droits indirects

Cellule embargo - Bureau E2

Téléphone (33) 144 74 48 93

Télécopieur (33) 144 74 48 97

Ministère des affaires étrangères

Direction des Nations unies et des organisations internationales

Téléphone (33) 143 17 59 68

Télécopieur (33) 143 17 46 91

IRELAND

Department of Enterprise, Trade and Employment

Licensing Unit

Earlsfort Centre

Lower Hatch Street

Dublin 2

Ireland

Tel.: (353) 1 631 2121

Fax: (353) 1 631 2562

ITALY

Ministero degli Affari esteri

DGAS.-Uff. I

Roma

Tel. (39) 06 36 91 4492/2988/5805

Fax (39) 06 36 91 5446

Ministero del Commercio estero

Gabinetto

Roma

Tel. (39) 06 59 93 23 10

Fax (39) 06 59 64 74 94

Ministero dei Trasporti

Gabinetto

Roma

Tel. (39) 06 44 26 71 16/84 90 40 94

Fax (39) 06 44 26 71 14

LUXEMBOURG

Ministère des affaires étrangères

Office des licences

21, rue Philippe II

L-2340 Luxembourg

Téléphone (352) 478 23 70

Télécopieur (352) 46 61 38

NETHERLANDS

Ministerie van Economische Zaken

Directoraat-generaal Buitenlandse Economische Betrekkingen

Directie Handelspolitiek en Investeringsbeleid

Bezuidenhoutseweg 153

2594 AG Den Haag

Nederland

Tel. (31) 70 379 7658

Fax (31) 70 379 7392

AUSTRIA

Bundesministerium für Wirtschaft und Arbeit

Abteilung C/2/2

Stubenring 1

A-1010 Wien

Tel.: (43-1) 711 00

Fax: (43-1) 711 00-83 86

PORTUGAL

Ministério dos Negócios Estrangeiros

Direcção-Geral dos Assuntos Multilaterais

Largo Rilvas

P-1350-179 Lisboa

Tel.: (351-21) 394 60 72

Fax: (351-21) 394 60 73

FINLAND

Ulkoasiainministeriö/Utrikesministeriet

PL/PB 176

FIN-00161 Helsinki/Helsingfors

P./Tfn (358-9) 16 05 59 00

Faksi/Fax (358-9) 16 05 57 07

Puolustusministeriö/Försvarsministeriet

Eteläinen Makasiinikatu 8/Södra Magasinsgatan 8

FIN-00131 Helsinki/Helsingfors

PL/PB 31

P./Tfn (358-9) 16 08 81 28

Faksi/Fax (358-9) 16 08 81 11

Inspektionen för strategiska produkter (ISP)

107 22 Stockholm

Tfn (46-8) 406 31 00

Fax (46-8) 20 31 00

Regeringskansliet

UtrikesdepartementetRättssekretariatet för EU-frågor

Fredsgatan 6

103 39 Stockholm

Tfn (46-8) 405 10 00

Fax (46-8) 723 11 76

UNITED KINGDOM

Sanctions Licensing Unit

Export Control Organisation Department of Trade and Industry

4 Abbey Orchard Street

London SW1P 2HT

United Kingdom

Tel.: (44) 20 7215 0594

Fax: (44) 20 7215 0593

ANNEX II

Rough diamonds referred to in Article 6(1)

Product description

Unsorted diamonds, unworked and not mounted or set

Industrial diamonds, unworked or simply sawn, cleaved or

bruted

Non-industrial diamonds, unworked or simply sawn, cleaved

or bruted

Dust and powder of diamonds

ANNEX III

Round logs and timber products referred to in Article 6(2)

Product description

Fuel wood, in logs, in billets, in twigs, in faggots or in similar

forms; wood in chips or particles; sawdust and wood waste and

scrap, whether or not agglomerated in logs, briquettes, pellets or

similar forms

Wood charcoal (including shell or nut charcoal), whether or not

agglomerated

Wood in the rough, whether or not stripped of bark or sapwood,

or roughly squared

Hoopwood; split poles; piles, pickets and stakes of wood,

pointed but not sawn lengthwise; wooden sticks, roughly

trimmed but not turned, bent or otherwise worked, suitable for

the manufacture of walking-sticks, umbrellas, tool handles or the

like; chipwood and the like

Wood wool; wood flour

Railway or tramway sleepers (cross-ties) of wood

Wood sawn or chipped lengthwise, sliced or peeled, whether or

not planed, sanded or endjointed, of a thickness exceeding 6 mm

Sheets for veneering (including those obtained by slicing

laminated wood), for plywood or for other similar laminated

wood and other wood, sawn lengthwise, sliced or peeled,

whether or not planed, sanded, spliced or end-jointed, of a

thickness not exceeding 6 mm

Wood (including strips and friezes for parquet flooring, not

assembled) continuously shaped (tongued, grooved, rebated,

chamfered, V-jointed, beaded, moulded, rounded or the like)

along any of its edges, ends or faces, whether or not planed,

sanded or end-jointed

Particle board and similar board (for example, oriented strand

board and waferboard) of wood or other ligneous materials,

whether or not agglomerated with resins or other organic binding

substances

Fibreboard of wood or other ligneous materials, whether or not

bonded with resins or other organic substances

Plywood, veneered panels and similar laminated wood

Densified wood, in blocks, plates, strips or profile shapes

Wooden frames for paintings, photographs, mirrors or similar

objects

Packing cases, boxes, crates, drums and similar packings, of

wood; cable-drums of wood; pallets, box pallets and other load

boards, of wood; pallet collars of wood

Casks, barrels, vats, tubs and other coopers' products and parts

thereof, of wood, including staves

Tools, tool bodies, tool handles, broom or brush bodies and

handles, of wood; boot or shoe lasts and trees, of wood

Builders’ joinery and carpentry of wood, including cellular wood

panels, assembled parquet panels, shingles and shakes

Tableware and kitchenware, of wood

Wood marquetry and inlaid wood; caskets and cases for

jewellery or cutlery, and similar articles, of wood; statuettes and

other ornaments, of wood; wooden articles of furniture not

falling in Chapter 94 CN

Other articles of wood

Mechanical wood pulp

Chemical wood pulp, dissolving grades

Chemical wood pulp, soda or sulphate, other than dissolving

grades

Chemical wood pulp, sulphite, other than dissolving grades

Wood pulp obtained by a combination of mechanical and

chemical pulping processes

Other seats, with wooden frames

Other seats, with wooden frames, which are not upholstered

Parts of seats of a kind used for aircraft, of wood

Wooden furniture of a kind used in offices

Wooden furniture of a kind used in the kitchen

Wooden furniture of a kind used in the bedroom

Other wooden furniture

Prefabricated buildings of wood

Wooden collectors' pieces

Wooden antiques

COUNCIL REGULATION (EC) No 872/2004

of 29 April 2004

concerning further restrictive measures in relation to Liberia

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 2004/487/CFSP of 29 April

2004 concerning the freezing of funds of the former Liberian President Charles

Taylor and those persons and entities associated with him,

Having regard to the proposal from the Commission,

Whereas

(1) On 10 February 2004, following the adoption by the United Nations

Security Council of UNSCR 1521 (2003), setting out revised measures regarding

Liberia to take into account the evolution of the situation in Liberia and in

particular the departure of former President Charles Taylor, and the adoption of

Council Common Position 2004/137/CFSP of 10 February 2004 concerning

restrictive measures against Liberia, * the Council adopted Regulation 234/2004

imposing restrictive measures in respect of Liberia. **

(2) UNSCR 1532 (2004) of 12 March 2004 provides that funds and

economic resources owned or controlled by former Liberian President Charles

Taylor, Jewell Howard Taylor and Charles Taylor Jr, other immediate family

members, his former senior officials and other close allies and associates as

designated by the Committee of the Security Council established pursuant to

paragraph 21 of UNSCR 1521 (2003) should be frozen.

(3) The actions and policies of former Liberian President Charles Taylor

and other persons, in particular their depletion of Liberian resources and their

removal from Liberia and secreting of Liberian funds and property from that

country, have undermined Liberia's transition to democracy and the orderly

development of its political, administrative, and economic institutions and

resources.

(4) In view of the negative impact on Liberia of the transfer abroad of

misappropriated funds and assets, and the use of such misappropriated funds by

Charles Taylor and his associates to undermine peace and stability in Liberia and

the region, the freezing of the funds of Charles Taylor and his associates is

necessary.

(5) Common Position 2004/487/CFSP provides for the implementation of

the freezing of funds and economic resources of the former Liberian President

Charles Taylor and his immediate family members, his former senior officials and

other close allies and associates.

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

order to avoid any distortion of competition, Community legislation is necessary to

implement them as far as the Community is concerned. For the purpose of this

Regulation, the territory of the Community should be deemed to encompass the

territories of the Member States to which the Treaty is applicable, under the

conditions laid down in that Treaty.

(7) Common

Position

2004/487/CFSP

also

provides

that

certain

* OJ L 40, 12.2.2004, p. 35.

** OJ L 40, 12.2.2004, p. 1.

exemptions from the freezing requirement can be granted for humanitarian

purposes or the satisfaction of liens or judgments entered prior to the date of

UNSCR 1532 (2004).

(8) The UN Security Council has expressed its intention to consider

whether and how to make available the funds and economic resources frozen

pursuant to UNSCR 1532 (2004) to the Government of Liberia, once that

Government has established transparent accounting and auditing mechanism to

ensure the responsible use of government revenue to benefit directly the people of

Liberia.

(9) In order to ensure that the measures provided for in this Regulation are

effective, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION

Article 1

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

1. ‘Sanctions Committee’ means: the Committee of the Security Council

of the United Nations which was established pursuant to paragraph 21 of UNSCR

1521 (2003);

2. ‘funds’ means financial assets and benefits of every kind, including but

not limited to

(a)

cash, cheques, claims on money, drafts, money orders and other

payment instruments;

(b)

deposits with financial institutions or other entities, balances on

accounts, debts and debt obligations;

(c)

publicly and privately traded securities and debt instruments,

including stocks and shares, certificates representing securities, bonds, notes,

warrants, debentures and derivatives contracts;

(d)

interest, dividends or other income on or value accruing from or

generated by assets;

(e)

credit, right of set-off, guarantees, performance bonds or other

financial commitments;

(f)

letters of credit, bills of lading, bills of sale;

(g)

documents evidencing an interest in funds or financial

resources;

(h)

any other instrument of export-financing;

3. ‘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, possession, character, destination or

other change that would enable the funds to be used, including portfolio

management;

4. ‘economic resources’ means assets of every kind, whether tangible or

intangible, movable or immovable, which are not funds but can be used to obtain

funds, goods or services;

5. ‘freezing of economic resource’ means preventing their use to obtain

funds, goods or services in any way, including, but not limited to, the selling,

hiring or mortgaging of them.

Article 2

1. All funds and economic resources owned, or controlled, directly or

indirectly, by former Liberian President Charles Taylor, Jewell Howard Taylor and

Charles Taylor Jr, and by the following persons and entities, as designated by the

Sanctions Committee and listed in Annex I, shall be frozen

(a)

other immediate family members of former Liberian President

Charles Taylor;

(b)

senior officials of the former Taylor regime, and other close

allies and associates;

(c)

legal persons, bodies or entities owned or controlled, directly or

indirectly by the persons referred to above;

(d)

any natural or legal person acting on behalf or at the direction of

the persons referred to above.

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

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

listed in Annex I.

3. 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.

Article 3

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

economic resources, if the competent authority has determined that the funds or

economic resources concerned are

(a)

necessary for basic expenses, including payments for foodstuffs,

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

premiums, and public utility charges;

(b)

intended exclusively for payment of reasonable professional

fees and reimbursement of incurred expenses associated with the provision of

legal services;

(c)

intended exclusively for payment of fees or service charges for

routine holding or maintenance of frozen funds or economic resources,

provided it has notified the intention to authorise access to such funds and

economic resources to the Sanctions Committee and has not received a

negative decision by the Sanctions Committee within two working days of

such notification.

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

economic resources, if the competent authority has determined that the funds or

economic resources are necessary for extraordinary expenses, and provided that

competent authority has notified that determination to the Sanctions Committee

and that the determination has been approved by that Committee.

Article 4

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

Member States, as 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 subject of a judicial,

administrative or arbitral lien established prior to 12 March 2004 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 person, entity or

body designated by the Sanctions Committee and mentioned in Annex I;

(d)

recognising the lien or judgement is not contrary to public

policy in the Member State concerned.

(e)

the competent authority has notified the lien or judgement to the

Sanctions Committee.

Article 5

The relevant competent authority shall inform the competent authorities of

the other Member States and the Commission of any authorisation granted under

Articles 3 and 4.

Article 6

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 prior to the date on which those accounts became

subject to this Regulation,

provided that any such interest, other earnings and payments are frozen in

accordance with Article 2(1).

Article 7

Article 2(2) shall not prevent the crediting of the frozen accounts by financial

institutions that receive funds transferred by third parties to the account of the

listed person or entity, provided that any such additions to such accounts will also

be frozen. The financial institution shall inform the competent authorities about

such transactions without delay.

Article 8

1. Without prejudice to the applicable rules concerning reporting,

confidentiality and professional secrecy and to the provisions of Article 284 of the

Treaty, natural and legal persons, entities and bodies shall

(a)

supply immediately any information which would facilitate

compliance with this Regulation, such as accounts and amounts frozen in

accordance with Article 2, to the competent authorities of the Member States

listed in Annex II where they are resident or located, and shall transmit such

information, directly or through these competent authorities, to the

Commission;

(b)

cooperate with the competent authorities listed in Annex II in

any verification of this information.

2. Any additional information directly received by the Commission shall

be made available to the competent authorities of the Member State concerned.

3. 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 9

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 result of negligence.

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

other relevant information at their disposal in connection with this Regulation, in

particular information in respect of violation and enforcement problems and

judgements handed down by national courts.

Article 11

The Commission shall be empowered to

(a)

amend Annex I on the basis of determinations made by either

the United Nations Security Council or the Sanctions Committee; and

(b)

amend Annex II on the basis of information supplied by

Member States.

Article 12

The Member States shall lay down the rules on sanctions applicable to

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

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

effective, proportionate and dissuasive. The Member States shall notify those rules

to the Commission without delay after the entry into force of this Regulation and

shall notify it of any subsequent amendment.

Article 13

This Regulation shall apply

(a)

within the territory of the Community, 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 Community

who is a national of a Member State;

(d)

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

constituted under the law of a Member State;

(e)

to any legal person, group or entity doing business within the

Community.

Article 14

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

ANNEX I

List of natural and legal persons, bodies or entities referred to in Article 2

Name

Date of birth

Place of birth

Others

Charles Ghankay Taylor, Senior,

1.9.1947

Liberia

Former President of Liberia

Jewell Howard Taylor,

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.

234/2004 and of

(a)

European Council Regulation (EC) No. 234/2004 European

of 10 June, 2004 concerning certain restrictive measures in Council

Regulation No.

respect of Liberia and repealing Regulation (EC) No 1030/2003; 872/2004.

and

(b)

European Council Regulation (EC) No. 872/2004

of 29 April 2004, concerning further restrictive measures in

relation to Liberia,

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 Notification

the Act requires any person or any other entity to carry out the about

of assets.

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.

1.1963

Liberia

Wife Former President Taylor

Charles Taylor Junior

Liberia

Son of Former President Taylor

ANNEX II

List of competent authorities referred to in Articles 3, 4, 5, 7 and 10

BELGIUM

Service Public Fédéral des Finances

Administration de la Trésorerie

30 Avenue des Arts

B-1040 Bruxelles

Fax 00 32 2 233 74 65

E-mail: Quesfinvragen.tf@minfin.fed.be

DENMARK

Erhvervs- og Boligstyrelsen

Dahlerups Pakhus

Langelinie Allé 17

DK - 2100 København Ø

Tel. (45) 35 46 60 00

Fax (45) 35 46 60 01

GERMANY

Concerning freezing of funds

Deutsche Bundesbank

Servicezentrum Finanzsanktionen

Postfach

D - 80281 München

Tel. (49-89) 2889 3800

Fax (49-89) 350163 3800

Concerning goods

Bundesamt für Wirtschafts- und Ausfuhrkontrolle (BAFA)

Frankfurter Strasse, 29-35

D-65760 ESCHBORN

Tel. (49-61) 969 08-0

Fax (49-61) 969 08-800

GREECE

A. Freezing of Assets

Ministry of Economy and Finance

General Directory of Economic Policy

Address: 5 Nikis Str., 101 80

Athens.- Greece

Tel.: + 30 210 3332786

Fax: + 30 210 3332810

A. Α. ∆ΕSΜΕΥSΗ ΚΕFΑΛΑΙΩΝ

Υpουργeίο Οικονοµίaς κaι Οικονοµικών

Geνική ∆/νsη Οικονοµικής Πολιtικής

∆/νsη: Νίκης 5, ΑTΗΝΑ 101 80

Τηλ.: + 30 210 3332786

Faξ: + 30 210 3332810

B. Import- Export restrictions

Ministry of Economy and Finance

General Directorate for Policy Planning and Management

Address Kornaroy Str., 105 63 Athens

Tel.: + 30 210 3286401-3

Fax.: + 30 210 3286404

B. ΠΕΡΙΟΡΙSΜΟΙ ΕΙSΑGΩGΩΝ - ΕΞΑGΩGΩΝ

Υpουργeίο Οικονοµίaς κaι Οικονοµικών

Geνική ∆/νsη Sχedιasµού κaι ∆ιaχeίριsης Πολιtικής

∆/νsη: Κορνάρου 1, Τ.Κ. 105 63

Αθήνa - Ελλάς

Τηλ.: + 30 210 3286401-3

Faξ: + 30 210 3286404

SPAIN

Dirección General del Tesoro y Política Financiera

Subdirección General de Inspección y Control de Movimientos de Capitales

Ministerio de Economía

Paseo del Prado, 6

E - 28014 Madrid

Tel. (00-34) 912 09 95 11

Fax (00-34) 912 09 96 56

FRANCE

Ministère de l'économie, des finances et de l'industrie

Direction générale des douanes et des droits indirects

Cellule embargo - Bureau E2

Tél.: (33) 1 44 74 48 93

Télécopie: (33) 1 44 74 48 97

Ministère de l'économie, des finances et de l'industrie

Direction du Trésor

Service des affaires européennes et internationales

Sous-direction E

139, rue du Bercy

75572 Paris Cedex 12

Tel.: (33) 1 44 87 72 85

Télécopie: (33) 1 53 18 96 37

Ministère des Affaires étrangères

Direction de la coopération européenne

Sous-direction des relations extérieures de la Communauté

Tél.: (33) 1 43 17 44 52

Télécopie: (33) 1 43 17 56 95

Direction générale des affaires politiques et de sécurité

Service de la Politique Etrangère et de Sécurité Commune

Tél.: (33) 1 43 17 45 16

Télécopie: (33) 1 43 17 45 84

IRELAND

Central Bank of Ireland

Financial Markets Department

PO Box 559

Dame Street

Dublin 2

Tel. (353-1) 671 66 66

Department of Foreign Affairs

Bilateral Economic Relations Division

80 St. Stephen's Green

Dublin 2

Tel: (353-1) 408 2153

Fax: (353-1) 408 2003

ITALY

Ministero degli Affari Esteri

Piazzale della Farnesina, 1 - 00194 Roma

D.G.A.S. - Ufficio II

Tel. (39) 06 3691 7334

Fax. (39) 06 3691 5446

Ministero degli Affari Esteri

Piazzale della Farnesina, 1 - 00194 Roma

D.G.A.O. - Ufficio II

Tel. (39) 06 3691 3820

Fax. (39) 06 3691 5161

U.A.M.A.

Tel. (39) 06 3691 3605

Fax. (39) 06 3691 8815

Ministero dell'Economia e delle finanze

Dipartimento del Tesoro

Comitato di Sicurezza Finanziaria

Via XX Settembre, 97 - 00187 Roma

Tel. (39) 06 4761 3942

Fax. (39) 06 4761 3032

Ministero della attivita' produttive

Direzione Generale Politica Commerciale

Viale Boston, 35 - 00144 Roma

Tel. (39) 06 59931

Fax. (39) 06 5964 7531

Firma e funzione: Ferdinando Nelli Feroci, Direttore Generale per

l'Integraxione Europea

LUXEMBOURG

Ministère des Affaires Etrangères

Direction des Relations internationales

6, rue de la Congrégation

L-1352 LUXEMBOURG

Tel. (352) 478 23 46

Fax (352) 22 20 48

Ministère des Finances

3, rue de la Congrégation

L - 1352 Luxembourg

Tel. (352) 478 27 12

Fax (352) 47 52 41

NETHERLANDS

Ministerie van Financiën

Directie Financiële Markten, afdeling Integriteit

Postbus 20201

2500 EE Den Haag

Tel 070-342 8997

Fax: 070-342 7984

AUSTRIA

Oesterreichische Nationalbank

Otto Wagner Platz 3

A-1090 Wien

Tel. (01-4042043 1) 404 20-0

Fax (43 1) 404 20 - 73 99

PORTUGAL

Ministério das Finanças

Direcção Geral dos Assuntos Europeus e Relações Internacionais

Avenida Infante D. Henrique, n.o 1, C 2.o

P - 1100 Lisboa

Tel. (351) 218 82 32 40/47

Fax (351) 218 82 32 49

FINLAND

Ulkoasiainministeriö/Utrikesministeriet

PL/PB 176

00161 Helsinki/Helsingfors

Tel. (358) 9 16 05 59 00

Fax (358) 9 16 05 57 07

SWEDEN

Finansinspektionen

Box 6750

SE- 113 85 Stockholm

Sweden

Tel. 46 +(0)8-787 80 00

Fax 46 +(0)8-24 13 35

Riksförsäkringsverket

SE-103 51 Stockholm

Sweden

Tel. 46 +(0)8-786 90 00

Fax 46 +(0)8-411 27 89

UNITED KINGDOM

HM Treasury

Financial Systems and International Standards

1, Horse Guards Road

London SW1A 2HQ

United Kingdom

Tel. (44-207) 270 5977

Fax (44-207) 270 5430

Bank of England

Financial Sanctions Unit

Threadneedle Street

London EC2R 8AH

United Kingdom

Tel. (44-207) 601 4607

Fax (44 207) 601 4309

B

€2.52