associated with him Regulations, 2014

L.N. 279 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions maintaining a freeze

of funds in relations to Mr. Milosevic and those persons

associated with him 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

European Union Sanctions maintaining a freeze of funds in relation to

Mr. Milosevic and those persons associated with him Regulations,

2014.

(Regulation 3)

COUNCIL REGULATION (EC) No 2488/2000 of 10 November 2000 maintaining a freeze of funds

in relation to Mr Milosevic and those persons associated with him and repealing Regulations (EC)

Nos 1294/1999 and 607/2000 and Article 2 of Regulation (EC) No 926/98

THE COUNCIL OF THE EUROPEAN UNION,

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

60 and 301 thereof,

Having regard to Common Position 2000/599/CFSP of 9 October 2000 on support to a

democratic FRY and the immediate lifting of certain restrictive measures * , and to Common

Position 2000/696/CFSP of 10 November 2000 on the maintenance of specific restrictive measures

directed against Mr Milosevic and persons associated with him,

Having regard to the proposal from the Commission,

Whereas

(1) On 15 June 1999, the Council adopted Regulation (EC) No 1294/1999 concerning a

freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia (FRY) **

because of the continued violation of human rights and international humanitarian law by the

Government of that country.

(2) Following the elections on 24 September 2000, a new President of the FRY was

democratically elected and formally sworn in, namely Mr V. Kostunica.

(3) On 9 October 2000, the Council approved a declaration on the FRY calling for a lifting

of all sanctions imposed on the FRY since 1998, with the exception of the provisions affecting the

former President of the FRY, Mr Slobodan Milosevic and those persons associated with him, as

they continue to represent a threat to the consolidation of democracy in the FRY.

(4) Therefore, the scope of provisions of the present legal framework concerning the

freezing of funds held abroad by the Governments of the FRY and of the Republic of Serbia should

be restricted to cover Mr. Milosevic and the persons associated with him.

(5)

These measures fall within the scope of the Treaty.

(6) Therefore, and with a view to avoiding distortion of competition, Community

legislation is necessary for the implementation of the said measures as far as the territory of the

Community is concerned. Such territory is deemed to encompass, for the purposes of this

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

conditions laid down in that Treaty.

(7) The competent authorities of the Member States should, where necessary, be

empowered to ensure compliance with the provisions of this Regulation.

(8) There is a need for the Commission and the Member States to inform each other of the

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

* OJ L 261, 14.10.2000, p. 1.

** OJ L 153, 19.6.1999, p. 63. Regulation as last amended by Commission Regulation (EC)

No 1440/2000 (OJ L 161, 1.7.2000, p. 68).

connection with this Regulation, without prejudice to existing obligations with regard to certain

items concerned.

(9) It is desirable that penalties for violations of the provisions of this Regulation can be

imposed as of the date of the entry into force of this Regulation.

(10) For reasons of transparency and simplicity, the main provisions of Regulation (EC) No

1294/1999 have been incorporated into this Regulation and therefore the former Regulation shall be

repealed. For the same reasons, Regulation (EC) No 607/2000 and Article 2 of Regulation (EC) No

926/98 should also be repealed.

(11) A procedure should be laid down for amending the Annexes to this Regulation and for

granting specific exemptions for strictly humanitarian purposes.

(12) The measures necessary for the implementation of this Regulation should be adopted

in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for

the exercise of implementing powers conferred on the Commission,

HAS ADOPTED THIS REGULATION

Article 1

1. All funds held outside the territory of the Federal Republic of Yugoslavia belonging to

Mr Milosevic and to natural persons associated with him, as listed in Annex I, shall be frozen.

2.ċNo funds shall be made available, directly or indirectly, to or for the benefit of any person

referred to in paragraph 1.

3. For the purpose of this Regulation

-

funds means: financial assets and economic benefits of any kind, including,

but not necessarily limited to, cash, cheques, claims on money, drafts, money orders and

other payment instruments; deposits with financial institutions or other entities, balances on

accounts, debts and debt obligations; publicly and privately traded securities and debt

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

warrants, debentures, derivatives contracts; interest, dividends or other income on or value

accruing from or generated by assets; credit, right of set-off, guarantees, performance bonds

or other financial commitments; letters of credit, bills of lading, bills of sale;

-

documents evidencing an interest in funds or financial resources, and any

other instrument of export-financing;

-

freezing of funds shall mean: preventing any move, transfer, alteration, use of

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 make

possible the use of the funds, including portfolio management, except that any interest or

income arising or any capital automatically repayable on maturity of any funds shall be paid

into and held in a frozen account.

Article 2

1. The participation, knowingly and intentionally, in related activities, the object or effect

of which is, directly or indirectly, to promote the transactions or activities referred to in Article 1 or

to circumvent the provisions of this Regulation shall be prohibited.

2. Any information that the provisions of this Regulation are being, or have been

circumvented shall be notified to the competent authorities as indicated in the websites listed in

Annex II and/or to the Commission.

Article 3

1. Without prejudice to the applicable rules concerning reporting, confidentiality and

professional secrecy, 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 1, to the

competent authorities of Member States as indicated in the websites listed in Annex II for

the country where they are resident or located and shall transmit such information, directly

or through the competent authority as indicated in the websites listed in Annex II, to the

Commission; and

(b)

cooperate with that competent authority in any verification of this

information.

2. Any additional information directly received by the Commission shall be made

available to 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 4

1. The measures necessary for the implementation of this Regulation relating to the

matters referred to below with the exception of those referred to in paragraph (c) shall be adopted in

accordance with the management procedure referred to in Article 5(2).

2. The Commission shall be empowered

(a)

to amend Annex I, taking into account decisions implementing Common

Position 2000/696/CFSP,

(b)

on an exceptional basis, to grant exemptions to Article 1 for strictly

humanitarian purposes,

(c)

to amend Annex II on the basis of information supplied by Member States.

3. Any request by a person for an exemption referred to in paragraph 2(b) or for an

amendment of Annex I shall be made through the competent authorities as indicated in the websites

listed in Annex II.

The competent authorities of the Member States shall verify, to the fullest extent possible,

the information provided by the persons making a request.

Article 5

1. The Commission shall be assisted by the Committee established under Regulation

(EC) No 2271/96.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC

shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 10 working

B B 3627

3. The Committee shall adopt its rules of procedure.

Article 6

1. The Committee referred to in Article 5 shall examine all questions concerning the

application of this Regulation, which may be raised either by the chairman or by a representative of

a Member State.

2. The Committee shall regularly review the effectiveness of the provisions of this

Regulation and the Commission shall, on the basis of that review, report regularly to the Council.

Article 7

The Commission and the Member States shall inform each other of the measures taken under

this Regulation and supply each other with the relevant information at their disposal in connection

with this Regulation, in particular information received in accordance with Article 3, and in respect

of violation and enforcement problems or judgments handed down by national courts.

Article 8

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 be those determined by the Member States in

accordance with Article 12 of Regulation (EC) No 1294/1999.

Article 8a

1. Member States shall designate the competent authorities referred to in Articles 2, 3

and 4 and identify them in the websites as listed in Annex II. Member States shall notify the

Commission of any changes to the addresses of their websites listed in Annex II before such

changes take effect.

2. Member States shall notify the Commission of their competent authorities, including

the contact details of those competent authorities, by 15 July 2010 and shall notify the Commission

without delay of any subsequent amendment.

Article 9

Regulations (EC) Nos 1294/99 and 607/2000 and Article 2 of Regulation (EC) No 926/98

shall be repealed.

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

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

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

ANNEX I

Former President of the Federal Republic of Yugoslavia, born at

Pozarevac, Republic of Serbia, on 20 August 1941

Milica Daughter-in-law, born 1970

Wife, born on 10 July 1942

Brother, born 1936

Daughter, born 1965

Son, born on 2 July 1974

President of Serbia, born at Belgrade, Republic of Serbia, on 19

December 1942

Former Minister of Defence, born at Ravni, Republic of Serbia, on

1 June 1941

Former Deputy Prime Minister, born at Bor, Republic of Serbia, on

7 December 1948

Former Minister of the Interior, born at Mala Krsna, Republic of

Serbia, in 1937

Indicted by International Criminal Tribunal for former Yugoslavia

(IT-95-13a), born near Vriginmost, Croatia, on 20 July 1947

Indicted by International Criminal Tribunal for former Yugoslavia

(IT-95-13a), born on 1 January 1961

Indicted by International Criminal Tribunal for former Yugoslavia

(IT-95-13a), born near Zabljak, Republic of Montenegro, on 13

June 1953

ANNEX II

Websites for information on the competent authorities referred to in Articles 2, 3 and 4 and

address for notifications and requests to the European Commission

http://www.diplomatie.be/eusanctions

http://www.mfa.government.bg

http://www.mfcr.cz/mezinarodnisankce

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/

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.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/

International+Sanctions/

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/SancionesInternacionales/Paginas

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

http://www.minbuza.nl/nl/Onderwerpen/Internationale_rechtsorde/Internationale_Sancties/

Bevoegde_instanties_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&ca t=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 and requests to the European Commission

European Commission

DG External Relations

Directorate A. Crisis Platform and Policy Coordination in Common Foreign and Security

Policy

Unit A2. Crisis Response and Peace Building

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

€0.81

In these regulations, unless the context otherwise requires -

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

"the Council Regulation" means the Council Regulation referred

to in regulation 3, 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

(EC) No. 2488 of 10 November 2000, maintaining a freeze of funds

in relation to Mr. Milosevic and those persons associated with him

and repealing Regulations (EC) Nos. 1294/1999 and 607/2000 and

Article 2 of Regulation (EC) No. 926/98 (as subsequently amended),

which text is contained in the Schedule to these regulations.

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

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

part of the domestic law thereof under the conditions laid down in the

Treaty.

(1)

Where any provision of any regulation made under

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

identification of funds or assets belonging to or in the possession of

persons or entities as may be identified or identifiable under these

regulations, or the freezing or blocking of such funds or assets, such

person or entity shall without delay notify in writing any relevant

information it may have regarding persons, entities, assets or funds

affected by these regulations to the Monitoring Board, or to such

other public authority as may be prescribed by any other law.

(2) The disclosure of any information within the terms and

requirements of this regulation shall not constitute a breach of the

Professional Secrecy Act, where applicable, or of any other Cap.377.

confidentiality obligation arising from a contract or any other law.

(3) Whosoever fails to abide by the provisions of sub-

regulation (1) shall be guilty of an offence as is referred to in article 4

of the Criminal Code.

(1)

Where an offence against any provision of the Corporate

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

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

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

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

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

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

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

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

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

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

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

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

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

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

vested with the legal representation of the same body corporate which

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

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

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

Any person who commits an offence against any provision Penalty.

of the Council Regulation to which these regulations apply, or against

these regulations shall, on conviction, be liable to imprisonment for a

term from twelve months to five years or to a fine (multa) not

exceeding one hundred and sixteen thousand four hundred and sixty-

eight euro (€116,468), or to both such imprisonment and fine.