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Regulations, 2015

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Statutory Text (10 Articles)

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

L.N. 217 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions (South Sudan)

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 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

The title of these regulations is the Enforcement of Citation.

European Union Sanctions (South Sudan) Regulations, 2015.

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

COUNCIL REGULATION (EU) 2015/735

of 7 May 2015

concerning restrictive measures in respect of the situation in South

Sudan, and repealing Regulation (EU) No 748/2014

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 the joint proposal of the High Representative

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

European Commission,

Whereas

(1) Council Regulation (EU) No 748/2014 (1) gives effect to

Council Decision 2014/449/CFSP (2) providing for restrictions on

admission and the freezing of funds and economic resources of

persons obstructing the political process in South Sudan, including by

acts of violence or violations of ceasefire agreements, as well as

persons responsible for serious violations of human rights in South

Sudan.

(2) On 3 March 2015, the United Nations Security Council

adopted Resolution (UNSCR) 2206 (2015) providing for restrictions

on admission and the freezing of funds and economic resources of

certain persons responsible for, complicit in or having engaged in,

directly or indirectly, actions or policies that threaten the peace,

security or stability of South Sudan.

(3) In Decision (CFSP) 2015/740 (3), the Council decided to

integrate the restrictive measures provided for by UNSCR 2206

(2015) and the restrictive measures imposed by Decision 2014/449/

CFSP into a single legal instrument.

(4) Some of those measures fall within the scope of the Treaty

and regulatory action at the level of the Union is therefore necessary

in order to give effect to them, in particular with a view to ensuring

their uniform application by economic operators in all Member

States.

(5) This Regulation respects the fundamental rights and

observes the principles recognised in particular by the Charter of

Fundamental Rights of the European Union and notably the right to

an effective remedy and to a fair trial and the right to the protection of

personal data. This Regulation should be applied in accordance with

those rights.

(6) The power to amend the list in Annexes I and II 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 South Sudan and in order to ensure consistency with the

process for amending and reviewing the Annexes to Decision (CFSP)

2015/740.

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

ensure 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, must be made public. Any

processing of personal data should comply with Directive 95/46/ECof

the European Parliament and of the Council (4) and Regulation (EC)

No 45/2001of the European Parliament and of the Council (5).

(8) Regulation (EU) 748/2014 should be repealed and replaced

by this Regulation,

HAS ADOPTED THIS REGULATION

Article 1

For the purposes of this Regulation, the following definitions apply

(a)

‘brokering services’ means

(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 third

countries 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,

and includes 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 that purpose ‘contract’ includes a bond,

guarantee or indemnity, in particular 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 III;

(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) ‘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;

(j) ‘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

(1) provide technical assistance or brokering services 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 therefor, directly or indirectly to any

natural or legal person, entity or body in, or for use in, South Sudan;

(2) provide financing or financial assistance related to military

activities, including in particular grants, loans and export credit

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

transfer or export of arms and related materiel, or for the provision of

related technical assistance, directly or indirectly to any natural or

legal person, entity or body in, or for use in South Sudan.

Article 3

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

authorities may authorise the provision of financing and financial

assistance, technical assistance and brokering services related to

(a) non-lethal military equipment intended solely for

humanitarian, human rights monitoring or protective use, or for

institution-building programmes of the UN, the African Union (AU),

the European Union (EU) or the Intergovernmental Authority on

Development (IGAD);

(b) materiel intended for EU, UN and AU crisis management

operations;

(c) demining equipment and materiel for use in demining

operations;

(d) support for the process of Security Sector Reform in South

Sudan.

2. No authorisations shall be granted for activities that have

already taken place.

Article 4

Article 2 shall not apply to protective clothing, including flak

jackets and military helmets, temporarily exported to South Sudan by

personnel of the EU or its Member States, by UN or IGAD personnel,

or by representatives of the media, humanitarian and development

workers and associated personnel for their personal use only.

Article 5

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

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

listed in Annex I shall be frozen. Annex I shall include natural or

legal persons, entities and bodies identified by the Committee of the

UN Security Council established pursuant to paragraph 16 of UNSCR

2206 (2015) (‘Sanctions Committee’) as responsible for or complicit

in, or having engaged in, directly or indirectly, actions or policies that

threaten the peace, security or stability of South Sudan, in accordance

with paragraphs 6, 7, 8, and 12 of UNSCR 2206 (2015).

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

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

listed in Annex II shall be frozen. Annex II shall include natural or

legal persons, entities and bodies which, in accordance with Article

6(1)(b) of Decision (CFSP) 2015/740, have been identified by the

Council as being responsible for obstructing the political process in

South Sudan, including by acts of violence or violations of ceasefire

agreements, as well as persons responsible for serious violations of

human rights in South Sudan, and natural or legal persons, entities or

bodies associated with them.

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

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

or bodies listed in Annexes I and II.

Article 6

By way of derogation from Article 5(1), the competent

authorities 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 natural or

legal persons, entities or bodies listed in Annex I, 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 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 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(1), the competent

authorities 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 all of the following conditions are met

(a) the competent authority concerned has determined that the

funds or economic resources are necessary for extraordinary

expenses;

(b) the Member State concerned has notified the Sanctions

Committee of that determination and the Sanctions Committee has

approved that determination.

Article 8

1. By way of derogation from Article 5(2), the competent

authorities 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,

after having determined that the funds or economic resources

concerned are

(a) necessary to satisfy the basic needs of natural or legal

persons, entities or bodies listed in Annex II, 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;

(b) intended exclusively for payment of reasonable

professional fees or 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; or

(d) necessary for extraordinary expenses, provided that the

relevant competent authority has notified the competent authorities of

the other Member States and the Commission of the grounds on

which it considers that a specific authorisation should be granted at

least two weeks prior to the authorisation.

2. The Member State concerned shall inform the other

Member States and the Commission of any authorisation granted

under paragraph 1.

Article 9

By way of derogation from Article 5(1), the competent

authorities may authorise the release of certain frozen funds or

economic resources, provided that all of 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 of adoption of UNSCR 2206 (2015), or of a judicial,

administrative or arbitral judgment rendered 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 person,

entity or body listed in Annex I or II;

(d) recognising the lien or judgment is not contrary to public

policy in the Member State concerned;

(e) the Sanctions Committee has been notified by the Member

State of the lien or judgment.

Article 10

1. By way of derogation from Article 5(2), the competent

authorities may authorise the release of certain frozen funds or

economic resources, provided that all of the following conditions are

met

(a) the funds or economic resources are the subject of an

arbitral decision rendered prior to the date on which the natural or

legal person, entity or body referred to in Article 5(2) was listed in

Annex II, or of a judicial or administrative decision rendered in an

Member State, or a judicial decision enforceable in the Member State

concerned, prior to or after that date;

(b) the funds or economic resources will be used exclusively

to satisfy claims secured by such a decision or recognised as valid in

such a decision, within the limits set by applicable laws and

regulations governing the rights of persons having such claims;

(c) the decision is not for the benefit of a natural or legal

person, entity or body listed in Annex I or II;

(d) recognition of the decision is not contrary to public policy

in the Member State concerned.

2. The Member State concerned shall inform the other

Member States and the Commission of any authorisation granted

under paragraph 1.

Article 11

By way of derogation from Article 5(1) 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 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 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 all of the following

(a) that the funds or economic resources are to be used for a

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

(b) that the payment is not in breach of Article 5(3);

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

relevant Member State of the intention to grant an authorisation 10

working days in advance.

Article 12

1. By way of derogation from Article 5(2) and provided that a

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

is due under a contract or agreement that was concluded by, or 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 was included in Annex II, the competent authorities 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 all of the following

(a) that the funds or economic resources are to be used for a

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

II;

(b) that the payment is not in breach of Article 5(3).

2. The Member State concerned shall inform the other

Member States and the Commission of any authorisation granted

under paragraph 1.

Article 13

1. Articles 5(3) shall not prevent the crediting of the frozen

accounts by financial or credit institutions that receive funds

transferred by third parties to the account of a listed natural or legal

person, entity or body, provided that any additions to such accounts

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

relevant competent authority about any such transaction without

delay.

2. Provided that any such interest, other earnings and

payments are frozen in accordance with Article 5(1) and (2), Article

5(3) shall not apply to the addition to frozen accounts of any of the

following

(a)

interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations

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

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

in Annex I or II.

3. With respect to natural or legal persons, entities or bodies

listed in Annex II, Article 5(3) shall not apply to the addition to

frozen accounts of payments due under judicial, administrative or

arbitral decisions rendered in an Member State or enforceable in the

Member State concerned, provided that any such payments are frozen

in accordance with Article 5(2).

Article 14

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 such 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 such information, directly or through the

Member State, to the Commission; and

(b) cooperate with the competent authority in any verification

of this 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 15

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 16

1. The freezing of funds and economic resources or the

refusal to make funds or economic resources available, carried out in

good faith and 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 measures set out in this Regulation.

Article 17

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, in

particular 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 or II;

(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 18

1. The Commission and 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 Article 3 and Articles 6 to 12;

(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 19

The Commission shall be empowered to amend Annex III on the

basis of information supplied by Member States.

Article 20

1. Where the UN 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 with 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 UN decides to de-list a person, entity or body,

or to amend the identifying data of a listed person, entity or body, the

Council shall amend Annex I accordingly.

Article 21

Annex I shall include, where available, information provided by

the UN 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 UN Security Council or by the Sanctions Committee.

Article 22

1. Where the Council decides to subject a natural or legal

person, entity or body to the measures referred to in Article 5(2), it

shall amend Annex II accordingly.

2. The Council shall communicate its decision, including the

grounds for listing, to the natural or legal person, entity or body

referred to in paragraph 1, either directly, if the address is known, or

through the publication of a notice, providing such natural or legal

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

3. Where observations are submitted, or where substantial

new evidence is presented, the Council shall review its decision and

inform the natural or legal person, entity or body accordingly.

4. The list in Annex II shall be reviewed at regular intervals

and at least every 12 months.

Article 23

1. Annex II shall include the grounds for the listing of

natural or legal persons, entities or bodies concerned.

2. Annex II shall include, where available, information

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 and

bodies, such information may include names, place and date of

registration, registration number and place of business.

Article 24

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 those rules to the Commission

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

notify it of any subsequent amendment thereof.

Article 25

1. Member States shall designate the competent authorities

referred to in this Regulation and identify them on the websites listed

in Annex III. Member States shall notify the Commission of any

changes in the addresses of their websites listed in Annex III.

2. 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 III.

Article 26

This Regulation shall apply

(a)

within the territory of the Union, including its airspace;

(b) on board of 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 27

This Regulation shall enter into force on the day following that

of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly

applicable in all Member States.

ANNEX I

List of natural and legal persons, entities and bodies referred to

in Article 5(1)

A.

NATURAL PERSONS

B.

LEGAL PERSONS, ENTITIES AND BODIES

ANNEX II

List of natural and legal persons, entities and bodies referred to

in Article 5(2)

Name

Identifying

Reasons

Date of listin

information

1.Santino

Commander

Santino Deng is

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

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 S.L. 365.08

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.

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

These regulations apply to Council Regulation (EC) No. Text of Council

735/2015 of 7 May 2015 concerning restrictive measures in respect of Regulations

(EU) No.735/

the situation in South Sudan, and repealing Regulation (EU) No. 748/ 2015.

2014, which text is contained in the Schedule to these regulations.

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

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

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.

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

(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) hereof shall be guilty of an offence as is referred to in

article 4 of the Criminal Code

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

(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).

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

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.

Malta Government Gazette — Legal Notice 2015 217 · Gazzetta tal-Gvern ta’ Malta Nru. 19,452 – 14.07.2015 — Regulations, 2015

7.2014

DENG (a.k.a.

of the third

commander of the third

Santino Deng

Infantry

Infantry Division of the

Wol)

Division of

SPLA that took part in

the Sudan

the recapture of Bentiu

People's

in May 2014. Santino

Liberation

Deng is thus

Army (SPLA)

responsible for

violations of the 23

January Cessation of

Hostilities Agreement.

2. Peter

Leader of the

Peter Gadet is leader of

11.7.2014

GADET (aka

anti-

the anti-government

Peter Gatdet

government

Nuer militia that

Yaka; Peter

Nuer militia.

conducted an attack on

Cadet; Peter

Place of birth

Bentiu on 15-17 April

Gadet Yak;

Mayom

2014, in violation of the

Peter Gadet

County Unity

23 January Cessation of

Yaak: Peter

State

Hostilities Agreement.

Gatdet Yaak;

The attack resulted in

Peter Gatdet;

the killing of more than

Peter Gatdeet

200 civilians. Peter

Yaka)

Gadet is thus

responsible for fuelling

the cycle of violence,

thus obstructing the

political process in

South Sudan, and for

serious human rights

violations.

ANNEX III

Websites for information on the competent authorities and address for

notification 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://2010-2014.kormany.hu/download/b/3b/70000/ENSZBT-ET-

szankcios-tajekoztato.pdf

MALTA

https://www.gov.mt/en/Government/Government%20of%20Malta/

Ministries%20and%20Entities/Officially%20Appointed%20Bodies/

Pages/Boards/Sanctions-Monitoring-Board-.aspx

NETHERLANDS

http://www.rijksoverheid.nl/onderwerpen/internationale-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/omejevalni_ukrepi

SLOVAKIA

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

sankcie_euFINLAND

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

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

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

B

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

€1.80

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