Enforcement of European Union Sanctions

L.N. 276 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Myanmar/Burma) 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 (Myanmar/Burma) Regulations, 2014.

(Regulation 3)

COUNCIL REGULATION (EU) No 401/2013

of 2 May 2013

concerning restrictive measures in respect of Myanmar/Burma

and repealing Regulation (EC) No. 94/2008

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

Having regard to Council Decision 2013/184/CFSP of 22 April 2013

concerning restrictive measures against Myanmar/ Burma ( * ),

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

Union for Foreign Affairs and Security Policy and the Commission,

Whereas

(1) Regulation (EC) No 194/2008 of 25 February 2008 renewing and

strengthening the restrictive measures in respect of Burma/Myanmar ( ** ) provides

for certain measures to be taken in relation to Myanmar/Burma, including

restrictions on certain exports from Myanmar/Burma and a freezing of the assets of

certain individuals and entities.

(2) By Decision 2013/184/CFSP, the Council agreed, as a means of

encouraging positive changes to continue, that all those restrictive measures

should be lifted, with the exception of the arms embargo and the embargo on

equipment which might be used for internal repression.

(3) Council Regulation (EC) No 194/2008 should therefore be repealed,

and certain of its provisions replaced by this Regulation.

(4) 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,

Article 1

For the purposes of this Regulation, the following definitions apply

* OJ L 111, 23.4.2013, p. 75.

** OJ L 66, 10.3.2008, p. 1.

(1) 'import' means any entry of goods into the customs territory of the

Union or other territories to which the Treaty applies, under the conditions laid

down in Articles 349 and 355 thereof. It includes, within the meaning of Council

Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community

Customs Code ( * ), placing in a free zone or free warehouse, placing under a

suspensive procedure and release for free circulation, but it excludes transit and

temporary storage;

(2) 'export' means any departure of goods from the customs territory of the

Union or other territories to which the Treaty applies, under the conditions laid

down in Articles 349 and 355 thereof. It includes, within the meaning of

Regulation (EEC) No 2913/92, the departure of goods that requires a customs

declaration and the departure of goods after their storage in a free zone of control

type I or free warehouse, but it excludes transit;

(3) 'exporter' means any natural or legal person on whose behalf an export

declaration is made, being the person who, at the time when the declaration is

accepted, holds the contract with the consignee in the third country and has the

power for determining the sending of the item out of the customs territory of the

Union or other territories to which the Treaty applies;

(4) 'technical assistance' means any technical support related to repairs,

development, manufacture, assembly, testing, main-tenance, or any other technical

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

working knowledge or skills or consulting services; technical assistance shall

include verbal forms of assistance;

(5) 'territory of the Union' means the territories to which the Treaty is

applicable, under the conditions laid down in the Treaty.

CHAPTER 1

Article 2

1. It shall be prohibited to sell, supply, transfer or export, directly or

indirectly, equipment which might be used for internal repression as listed in

Annex I, whether or not originating in the Union, to any natural or legal person,

entity or body in, or for use in Myanmar/Burma.

2. Paragraph 1 shall not apply to protective clothing, including flak jackets

and helmets, temporarily exported to Myanmar/Burma by United Nations

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

of the media and humanitarian and development workers and associated personnel

for their personal use only.

*

OJ L 302, 19.10.1992, p. 1

Article 3

1. 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

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 natural or legal person, entity or

body in, or for use in Myanmar/Burma;

(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 natural or legal person, entity or body in, or for use in

Myanmar/Burma.

2. It shall be prohibited

(a)

to provide technical assistance related to the equipment which

might be used for internal repression as listed in Annex I, directly or

indirectly to any natural or legal person, entity or body in, or for use in

Myanmar/Burma;

(b)

to provide financing or financial assistance related to the

equipment listed in Annex I, including, in particular, grants, loans and export

credit insurance, directly or indirectly to any natural or legal person, entity or

body in, or for use in Myanmar/Burma.

3. It shall be prohibited to participate, knowingly and intentionally, in

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

in paragraphs 1 and 2.

4. The prohibitions set out in paragraphs 1(b) and 2(b) shall not give rise

to liability of any kind on the part of the natural or legal persons or entities

concerned, if they did not know, and had no reasonable cause to suspect, that their

actions would infringe those prohibitions.

Article 4

1. By way of derogation from Articles 2(1) and 3(2), and subject to Article

5, 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

(a)

the sale, supply, transfer or export of equipment which might be

used for internal repression as listed in Annex I, intended solely for

humanitarian or protective use, or for institution-building programmes of the

United Nations and the European Union, or for European Union and United

B B 3054

Nations crisis-management operations;

(b)

the sale, supply, transfer or export of de-mining equipment and

material for use in de-mining operations; and

(c)

the provision of financing and financial assistance and technical

assistance related to equipment, material, programmes and operations

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

2. By way of derogation from Article 3(1), and subject to Article 5, the

competent authorities in the Member States, as listed in Annex II, may authorise,

under such conditions as they deem appropriate, the provision of financing and

financial assistance and technical assistance related to

(a)

non-lethal military equipment intended solely for humanitarian

or protective use, or for institution-building programmes of the United

Nations and the European Union;

(b)

materiel intended for European Union and United Nations

crisis-management operations.

CHAPTER 2

Article 5

The authorisations referred to in Article 4 shall not be granted for activities

that have already taken place.

Article 6

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 7

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

information supplied by Member States.

Article 8

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 9

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 changes.

Article 10

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 11

Regulation (EC) No 194/2008 is hereby repealed.

Article 12

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.

Done at Brussels, 2 May 2013.

For the Council

The President

E. GILMORE

ANNEX I

List of equipment which might be used for internal repression

as referred to in Articles 2, 3 and 4

1. Firearms, ammunition and related accessories therefor, as follows

1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military

List ( * );

1.2. Ammunition specially designed for the firearms listed in 1.1 and

specially designed components therefor;

1.3. Weapon-sights not controlled by the EU Common Military List.

2. Bombs and grenades not controlled by the EU Common Military List.

3. Vehicles as follows

3.1. Vehicles equipped with a water cannon, specially designed or modified

for the purpose of riot control;

3.2. Vehicles specially designed or modified to be electrified to repel

borders;

3.3. Vehicles specially designed or modified to remove barricades, including

construction equipment with ballistic protection;

3.4. Vehicles specially designed for the transport or transfer of prisoners

and/or detainees;

3.5. Vehicles specially designed to deploy mobile barriers;

3.6. Components for the vehicles specified in 3.1 to 3.5 specially designed

for the purposes of riot control.

Note 1: This item does not control vehicles specially designed for the

purposes of fire-fighting.

Note 2: For the purposes of item 3.5 the term 'vehicles' includes trailers.

Common Military List of the European Union (adopted by the Council on 11 March 2013)

(OJ C 30, 27.3.2013, p. 1).

4. Explosive substances and related equipment as follows

4.1. Equipment and devices specially designed to initiate explosions by

electrical or non-electrical means, including firing sets, detonators, igniters,

boosters and detonating cord, and specially designed components therefor; except

those specially designed for a specific commercial use consisting of the actuation

or operation by explosive means of other equipment or devices the function of

which is not the creation of explosions (e.g.,car air-bag inflaters, electric-surge

arresters of fire sprinkler actuators);

4.2. Linear cutting explosive charges not controlled by the EU Common

Military List;

4.3. Other explosives not controlled by the EU Common Military List and

related substances as follows

(a)

amatol;

(b)

nitrocellulose (containing more than 12,5% nitrogen);

(c)

nitroglycol;

(d)

pentaerythritol tetranitrate (PETN);

(e)

picryl chloride;

(f)

2,4,6-trinitrotoluene (TNT).

5. Protective equipment not controlled by ML 13 of the EU Common

Military List as follows

5.1. Body armour providing ballistic and/or stabbing protection;

5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot

helmets, antiriot shields and ballistic shields.

Note: This item does not control

-

equipment specially designed for sports activities;

-

equipment specially designed for safety of work requirements.

6. Simulators, other than those controlled by ML 14 of the EU Common

Military List, for training in the use of firearms, and specially designed software

therefor.

7. Night vision, thermal imaging equipment and image intensifier tubes,

other than those controlled by the EU Common Military List.

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

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

"the Council Regulation" means the Council Regulation 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

European Union Act.

These regulations apply to European Council Regulation Text of

(EC) No. 401 of 2 May, 2013, concerning certain restrictive measures European

Council

in respect of Myanmar/Burma, and repealing Regulation (EC) No. Regulation

No. 401/2013.

194/2008, which text is contained in the Schedule to these

regulations.

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

the Council Regulation is binding in its entirety on Malta and shall be the

Union Act.

part of the domestic law thereof under the conditions laid down in the Cap. 460.

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 Regulation 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 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.

Razor barbed wire.

Military knives, combat knives and bayonets with blade lengths in

excess of 10 cm.

Production equipment specially designed for the items specified in this

Specific technology for the development, production or use of the items

specified in this list.

ANNEX II

Websites for information on the competent authorities referred to in Articles 4, 7

and 9 and address for notifications to the European Commission

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/135/index.html

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/

aussenwirtschaftsrecht,did=404888.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-

sanctions.html

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/

Paginas/Sanciones_%20Internacionales.aspx

FRANCE

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

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

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/

MALTA

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

NETHERLANDS

http://www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/

sancties

AUSTRIA

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

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/

zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.mzv.sk/sk/europske_zalezitosti/sankcie_eu-sankcie_eu

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/competentauthorities

Address for notifications to the European Commission

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

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

€1.08