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Republic Regulations, 2015

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Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

L.N. 215 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions Central African

Republic Regulations, 2015

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:-

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

The title of these regulations is the Enforcement of

European Union Sanctions (Central African Republic) Regulations,

2015.

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

COUNCIL REGULATION (EU) No 224/2014

of 10 March 2014

concerning restrictive measures in view of the situation in the Central

African Republic

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

Having regard to Council Decision 2013/798/CFSP of 23

December 2013 concerning restrictive measures against the Central

African Republic ( * ),

Having regard to the joint proposal of the High Representative

of the Union for Foreign Affairs and Security Policy and of the

European Commission,

Whereas

(1) In accordance with United Nations Security Council

Resolution (UNSCR) 2127 (2013) of 5 December 2013 and UNSCR

2134 (2014) of 28 January 2014, Decision 2013/798/CFSP, as

amended by Council Decision 2014/125/CFSP ( ** ), provides for an

arms embargo against the Central African Republic and the freezing

of funds and economic resources of certain persons engaging in or

providing support for acts that undermine the peace, stability or

security of the Central African Republic.

(2) Certain measures provided for in UNSCR 2127 (2013) and

UNSCR 2134 (2014) fall within the scope of the Treaty on the

Functioning of the European Union and therefore, with a view, in

particular, to ensuring their uniform application by economic

operators in all Member States, regulatory action at the level of the

Union is necessary in order to implement them.

(3) This Regulation respects the fundamental rights and

observes the principles recognised in particular by the Charter of

Fundamental Rights of the European Union, and in particular the

rights to an effective remedy, to a fair trial and to the protection of

personal data. This Regulation has to be applied in accordance with

*OJ L 352, 24.12.2013, p. 51.

**Council Decision 2014/125/CFSP of 10 March 2014 amending Decision 2013/

798/CFSP concerning restrictive measures against the Central African Republic (see

page 22 of this Official Journal).

those rights and principles.

(4) 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

the Central African Republic and in order to ensure consistency with

the process for amending and reviewing the Annex to Decision 2014/

125/CFSP.

(5) 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 of the United Nations Security Council

established pursuant to paragraph 57 of UNSCR 2127 (2013), 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.

(6) For the implementation of this Regulation, and in order to

create maximum legal certainty within the Union, the names and

other relevant data concerning natural and legal persons, entities and

bodies whose funds and economic resources must be frozen in

accordance with this Regulation should be made public. Any

processing of personal data of natural persons under this Regulation

should comply with Regulation (EC) No 45/2001 of the European

Parliament and of the Council ( * ) and Directive 95/46/EC of the

European Parliament and of the Council ( ** ).

(7) In order to ensure that the measures provided for in this

Regulation are effective, it should enter into force immediately,

HAS ADOPTED THIS REGULATION

Article 1

For the purposes of this Regulation, the following definitions

apply

(a)

‘brokering services’ means

*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 per-

sonal data by the Community institutions and bodies and on the free movement of such

data (OJ L 8, 12.1.2001, p. 1).

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

(i)

the negotiation or arrangement of transactions for

the purchase, sale or supply of goods and technology or of

financial and technical services, from a third country to any

other third country, or

(ii)

the selling or buying of goods and technology or of

financial and technical services that are located in a third

country for their transfer to another third country;

(b) ‘claim’ means any claim, whether asserted by legal

proceedings or not, made before or after the date of entry into force of

this Regulation, under or in connection with a contract or transaction,

including in particular

(i)

a claim for performance of any obligation arising

under or in connection with a contract or transaction;

(ii)

a claim for extension or payment of a bond,

financial guarantee or indemnity of whatever form;

(iii)

a claim for compensation in respect of a contract or

transaction;

(iv)

a counterclaim;

(v)

a claim for the recognition or enforcement,

including by the procedure of exequatur, of a judgment, an

arbitration award or an equivalent decision, wherever made or

given;

(c)

‘contract or transaction’ means any transaction of

whatever form and whatever the applicable law, whether comprising

one or more contracts or similar obligations made between the same

or different parties; for this purpose, ‘contract’ includes a bond,

guarantee or indemnity, particularly a financial guarantee or financial

indemnity, and credit, whether legally independent or not, as well as

any related provision arising under, or in connection with, the

transaction;

(d) ‘competent authorities’ means the competent authorities of

the Member States as identified on the websites listed in Annex II;

(e) ‘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;

(f) ‘freezing of economic resources’ means preventing the use

of economic resources to obtain funds, goods or services in any way,

including, but not limited to, by selling, hiring or mortgaging them;

(g) ‘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;

(h) ‘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; and

(vii) documents showing evidence of an interest in

funds or financial resources;

(i) ‘Sanctions Committee’ means the Committee of the United

Nations Security Council which was established pursuant to

paragraph 57 of United Nations Security Council Resolution UNSCR

2127 (2013);

(j) ‘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;

(k) ‘territory of the Union’ means the territories of the

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

laid down in the Treaty, including their airspace.

Article 2

It shall be prohibited to provide, directly or indirectly

(a) technical assistance or brokering services related to the

goods and technology listed in the Common Military List of the

European Union ( * ) (Common Military List) or related to the

provision, manufacture, maintenance and use of goods included in

that list, to any person, entity or body in the Central African Republic

or for use in the Central African Republic;

(b) financing or financial assistance related to the sale, supply,

transfer or export of goods and technology listed in the Common

Military List, including in particular grants, loans and export credit

insurance, as well as insurance and reinsurance, for any sale, supply,

transfer or export of such items, or for any provision of related

technical assistance or brokering services to any person, entity or

body in the Central African Republic or for use in the Central African

Republic;

(c) technical assistance, financing or financial assistance,

brokering services or transport services related to the provision of

armed mercenary personnel in the Central African Republic or for use

in the Central African Republic.

Article 3

By way of derogation from Article 2, the prohibitions laid down

in that Article shall not apply to the provision of technical assistance,

financing or financial assistance or brokering services intended solely

for the support of or use by the Mission for the Consolidation of

Peace in Central African Republic (MICOPAX), the African-led

International Support Mission to the Central African Republic

(MISCA), the United Nations Integrated Peacebuilding Office in the

Central African Republic (BINUCA) and its guard unit, the African

Union-Regional Task Force (AU-RTF), the French forces deployed in

the Central African Republic and the European Union operation in the

Central African Republic (EUFOR RCA).

Article 4

By way of derogation from Article 2, and provided that the

provision of such technical assistance or brokering services, financing

or financial assistance has been approved in advance by the Sanctions

Committee, the prohibitions laid down in that Article shall not apply

*OJ C 69, 18.3.2010, p. 19.

to the provision of

(a) technical assistance or brokering services related to non-

lethal military equipment intended solely for humanitarian or

protective use;

(b) technical assistance, financing or financial assistance to

the sale, supply, transfer or export of goods and technology listed in

the Common Military List or for any provision of related technical

assistance or brokering services.

Article 5

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

held or controlled by any natural or legal person, entity or body 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 any natural or legal

person, entity or body listed in Annex I.

3. Annex I shall include natural or legal persons, entities and

bodies identified by the Sanctions Committee as

(a) engaging in or providing support for acts that undermine

the peace, stability or security of the Central African Republic,

including acts that threaten or violate transitional agreements, or that

threaten or impede the political transition process, including a

transition towards free and fair democratic elections, or that fuel

violence;

(b) acting in violation of the arms embargo established in

paragraph 54 of UNSCR 2127 (2013), or having directly or indirectly

supplied, sold, or transferred to armed groups or criminal networks in

the Central African Republic, or having been the recipient of arms or

any related materiel, or any technical advice, training, or assistance,

including financing and financial assistance, related to violent

activities of armed groups or criminal networks in the Central African

Republic;

(c) being involved in planning, directing, or committing acts

that violate international human rights law or international

humanitarian law, as applicable, or that constitute human rights

abuses or violations, in the Central African Republic, including acts

involving sexual violence, targeting of civilians, ethnic- or religious-

based attacks, attacks on schools and hospitals, and abduction and

forced displacement;

(d) recruiting or using children in armed conflict in the Central

African Republic, in violation of applicable international law;

(e) providing support for armed groups or criminal networks

through the illicit exploitation of natural resources, including

diamonds and wildlife and wildlife products, in the Central African

Republic;

(f) obstructing the delivery of humanitarian assistance to the

Central African Republic, or access to, or distribution of,

humanitarian assistance in the Central African Republic;

(g) being involved in planning, directing, sponsoring, or

conducting attacks against UN missions or international security

presences, including BINUCA, MISCA, EUFOR RCA and the other

forces who support them;

(h) being leaders of, having provided support to, or having

acted for or on behalf of or at the direction of, an entity designated by

the Sanctions Committee;

(i) acting on behalf of or at the direction of persons, entities or

bodies listed in points (a) to (h), or entities owned or controlled by

them.

Article 6

By way of derogation from Article 5, the competent authorities

of the Member States may authorise the release of certain frozen

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

or economic resources, under such conditions as they deem

appropriate, provided that 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 a natural or

legal person, entity or body listed in Annex I, and dependent

family members of such natural persons, 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 or the 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 the determination referred to in point (a) and of its

intention to grant an authorisation, and the Sanctions Committee has

not objected to that course of action within five working days of

notification.

Article 7

By way of derogation from Article 5, the competent authorities

of the Member States may authorise the release of certain frozen

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

or economic resources, under such conditions as they deem

appropriate, provided that the competent authority concerned has

determined that the funds or economic resources are necessary for

extraordinary expenses, and provided that the Member State

concerned has notified the Sanctions Committee of that determination

and the Sanctions Committee has approved it.

Article 8

By way of derogation from Article 5, the competent authorities

of the Member States may authorise the release of certain frozen

funds or economic resources where the following conditions are met

(a)

the funds or economic resources in question are the

subject of a judicial, administrative or arbitral lien established prior to

the date on which the person, entity or body referred to in Article 5

was listed in Annex I, or of a judicial, administrative or arbitral

judgment handed down prior to that date;

(b) the funds or economic resources in question 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) recognition of 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 9

By way of derogation from Article 5, and provided that a

payment by a natural or legal person, entity or body listed in Annex I

is due under a contract or agreement that was concluded by, or under

an obligation that arose for, the natural or legal person, entity or body

concerned, before the date on which that natural or legal person,

entity or body had been designated by the UN Security Council or the

Sanctions Committee, the competent authorities of the Member States

may authorise, under such conditions as they deem appropriate, the

release of certain frozen funds or economic resources, provided that

the competent authority concerned has determined that

(a)

the funds or economic resources shall be used for a

payment by a natural or legal person, entity or body listed in Annex I;

(b) the payment is not in breach of Article 5(2); and

(c) the Sanctions Committee has been notified by the relevant

Member State of the intention to grant an authorisation 10 working

days in advance.

Article 10

1. Article 5(2) shall not prevent the crediting of the frozen

accounts by financial or credit institutions that receive funds

transferred by third parties into the account of a natural or legal

person, entity or body listed in Annex I, provided that any additions

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

shall inform the relevant competent authority about any such

transaction without delay.

2. Article 5(2) shall not apply to the addition to frozen

accounts of

(a)

interest or other earnings on those accounts;

(b) payments due under contracts, agreements or obligations

that were concluded or that arose before the date on which the natural

or legal person, entity or body referred to in Article 5 was included in

Annex I; or

(c) payments due under judicial, administrative or arbitral lien

or judgment, as referred to in Article 8; and

provided that any such interest, other earnings and payments are

frozen in accordance with Article 5(1).

Article 11

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 information on

accounts and amounts frozen in accordance with Article 5, to the

competent authority of the Member State where they are resident or

located, and shall transmit any such information, either directly or

through the Member State, to the Commission; and

(b) co-operate with the competent authority in any verification

of such information.

2. Any additional information received directly by the

Commission shall be made available to the Member States.

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 12

It shall be prohibited to participate, knowingly and intentionally,

in activities the object or effect of which is to circumvent the

measures referred to in Articles 2 and 5.

Article 13

1. 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 or body implementing it, or its

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

economic resources were frozen or withheld as a result of negligence.

2. Actions by natural or legal persons, entities or bodies shall

not give rise to any liability of any kind on their part if they did not

know, and had no reasonable cause to suspect, that their actions

would infringe the prohibitions laid down in this Regulation.

Article 14

1. No claims in connection with any contract or transaction

the performance of which has been affected, directly or indirectly, in

whole or in part, by the measures imposed under this Regulation,

including claims for indemnity or any other claim of this type, such as

a claim for compensation or a claim under a guarantee, in particular a

claim for extension or payment of a bond, guarantee or indemnity,

particularly a financial guarantee or financial indemnity, of whatever

form, shall be satisfied, if they are made by

(a) designated natural or legal persons, entities or bodies listed

in Annex I;

(b) any natural or legal person, entity or body acting through

or on behalf of one of the persons, entities or bodies referred to in

point (a).

2. In any proceedings for the enforcement of a claim, the

onus of proving that satisfying the claim is not prohibited by

paragraph 1 shall be on the natural or legal person, entity or body

seeking the enforcement of that claim.

3. This Article is without prejudice to the right of the natural

or legal persons, entities and bodies referred to in paragraph 1 to

judicial review of the legality of the non-performance of contractual

obligations in accordance with this Regulation.

Article 15

1. The Commission and the Member States shall inform each

other of the measures taken under this Regulation and share any other

relevant information at their disposal in connection with this

Regulation, in particular information in respect of

(a) funds frozen under Article 5 and authorisations granted

under Articles 6, 7 and 8;

(b) violation and enforcement problems and judgments handed

down by national courts.

2. The Member States shall immediately inform each other

and the Commission of any other relevant information at their

disposal which might affect the effective implementation of this

Regulation.

Article 16

The Commission shall be empowered to amend Annex II on the

basis of information supplied by Member States.

Article 17

1. Where the United Nations 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 that 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 that 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.

3. Where the United Nations 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 18

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 19

1. The 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. The Member States shall notify the rules referred to in

paragraph 1 to the Commission without delay after the entry into

force of this Regulation, and shall notify it of any subsequent

amendment to them.

Article 20

1. The Member States shall designate the competent

authorities referred to in this Regulation and identify them on the

websites listed in Annex II. The Member States shall notify the

Commission of any changes in the addresses of their websites listed

in Annex II.

2. The Member States shall notify the Commission of their

competent authorities, including the contact details of those

competent authorities, without delay after the entry into force of this

Regulation, and shall notify it of any subsequent amendment.

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 21

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, inside or outside the

territory of the Union, 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 22

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.

ANNEX I

LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE

A. Persons

1. François Yangouvonda BOZIZÉ (alias: a) Bozize Yangouvonda )

Date of Birth: 14 October 1946.

Place of Birth: Mouila, Gabon.

Nationality: Central African Republic.

Address: Uganda.

Other information: Mother's name is Martine Kofio.

Date of UN designation: 9 May 2014.

Information from the narrative summary of reasons for listing

provided by the Sanctions Committee

Bozize was listed on 9 May 2014 pursuant to paragraph 36 of

resolution 2134 (2014) as ‘engaging in or providing support for acts

that undermine the peace, stability or security of CAR.’

Additional information

In liaison with his supporters, Bozize encouraged the attack of 5

December 2013 on Bangui. Since then, he has continued trying to run

destabilization operations in order to maintain tensions in the capital

of CAR. Bozize reportedly created the anti-Balaka militia group

before he fled the CAR on March 24, 2013. In a communique, Bozize

called on his militia to pursue the atrocities against the current regime

and the Islamists. Bozize reportedly provided financial and material

support to militiamen who are working to destabilize the ongoing

transition and to bring Bozize back to power. The bulk of the anti-

Balaka are from the Central African Armed Forces who dispersed

into the countryside after the coup d'état and were subsequently

reorganized by Bozize. Bozize and his supporters control more than

half the anti-Balaka units.

Forces loyal to Bozize were armed with assault rifles, mortars and

rocket-launchers and they have become increasingly involved in

reprisal attacks against CAR's Muslim population. The situation in

CAR deteriorated rapidly after the December 5, 2013 attack in

Bangui by anti-Balaka forces that left over 700 people dead.

2. Nourredine ADAM (alias: a) Nureldine Adam; b) Nourreldine

Adam; c) Nourreddine Adam; d) Mahamat Nouradine Adam)

Designation: a) General; b) Minister for Security; c) Director General

of the ‘Extraordinary Committee for the Defence of Democratic

Achievements’.

Date of birth: a) 1970 b) 1969 c) 1971 d) 1 January 1970.

Place of birth: Ndele, Central African Republic.

Nationality: Central African Republic. Passport no.: D00001184

Address: Birao, Central African Republic.

Date of UN designation: 9 May 2014

Information from the narrative summary of reasons for listing

provided by the Sanctions Committee

Nourredine was listed on 9 May 2014 pursuant to paragraph 36 of

resolution 2134 (2014) as ‘engaging in or providing support for acts

that undermine the peace, stability or security of CAR.’

Additional information

Noureddine is one of the original leaders of the Seleka. He has been

identified as both a General and the President of one of the armed

rebel groups of the Seleka, the Central PJCC, a group formally known

as the Convention of Patriots for Justice and Peace and whose

acronym is also acknowledged as CPJP. As former head of the

‘Fundamental’ splinter group of the Convention of Patriots for Justice

and Peace (CPJP/F), he was the military coordinator of the ex-Séléka

during offensives in the former rebellion in the Central African

Republic between early December 2012 and March 2013. Without

Noureddine's assistance and close relationship with Chadian Special

Forces, the Seleka would likely have been unable to wrest power

from former CAR President Francois Bozize.

Since the appointment as interim president of Catherine Samba-Panza

on 20 January 2014, he was one of the main architects of the ex-

Séléka's tactical withdrawal in Sibut with the aim of implementing his

plan to create a Muslim stronghold in the north of the country. He had

clearly urged his forces to resist the injunctions of the transitional

government and of the military leaders of the African-led

International Support Mission in the Central African Republic

(MISCA). Noureddine actively directs ex-Seleka, the former Seleka

forces that were reportedly dissolved by Djotodia in September 2013,

and directs operations against Christian neighborhoods and continues

to provide significant support and direction to the ex-Seleka operating

in CAR.

Nourredine was also listed on 9 May 2014 pursuant to paragraph

37(b) of resolution 2134 (2014) as ‘involved in planning, directing, or

committing acts that violate international human rights law or

international humanitarian law, as applicable.’

Additional information

After the Séléka took control of Bangui on 24 March 2013,

Nourredine Adam was appointed Minister for Security, then Director

General of the ‘Extraordinary Committee for the Defence of

Democratic Achievements’ (Comité extraordinaire de défense des

acquis démocratiques- CEDAD, a now-defunct CAR intelligence

service). Nourredine Adam used the CEDAD as his personal political

police, carrying out many arbitrary arrests, acts of torture and

summary executions. In addition, Noureddine was one of the key

figures behind the bloody operation in Boy Rabe. In August 2013,

Seleka forces stormed Boy Rabe, a CAR neighborhood regarded as a

bastion of Francois Bozize supporters and his ethnic group. Under the

pretext of looking for arms caches, Seleka troops reportedly killed

scores of civilians and went on a rampage of looting. When these

raids spread to other quarters, thousands of residents invaded the

international airport, which was perceived as a safe place because of

the presence of French troops, and occupied its runway.

Nourredine was also listed on 9 May 2014 pursuant to paragraph

37(d) of resolution 2134 (2014) as ‘providing support for armed

groups or criminal networks through illegal exploitation of natural

resources’.

Additional information

In early 2013, Nourredine Adam played an important role in the ex-

Séléka's financing networks. He travelled to Saudi Arabia, Qatar and

the United Arab Emirates to collect funds for the former rebellion. He

also operated as a facilitator for a Chadian diamond-trafficking ring

operating between the Central African Republic and Chad.

B. Entities

ANNEX II

Websites for information on the competent authorities 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.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/

GlobalizacionOportunidadesRiesgos/Documents/

ORGANISMOS%20COMPETENTES%20SANCIONES%20INTER

NACIONALES.pdf

FRANCE

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

CROATIA

http://www.mvep.hr/sankcije

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

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.portugal.gov.pt/pt/os-ministerios/ministerio-dos-

negocios-estrangeiros/quero-saber-mais/sobre-o-ministerio/medidas-

restritivas/medidas-restritivas.aspx

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/europske_politiky-

sankcie_eu

FINLAND

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

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

https://www.gov.uk/sanctions-embargoes-and-restrictions

Address for notifications to the European Commission

European Commission

B

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

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

€1.89

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

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.

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

These regulations apply to Council Regulation (EC) No.

224/2014 of 10 March 2014 concerning restrictive measures in view

of the situation in the Central African Republic, which text is

2014. contained in the Schedule to these regulations.

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

For the purpose 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.

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

(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 Cap.9.

of the Criminal Code

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

(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).

Malta Government Gazette — Legal Notice 2015 215 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Republic Regulations, 2015

Any person who commits an offence against any provision Penalty.

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

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

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

exceeding one hundred and sixteen thousand four hundred and sixty-

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

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