Regulations, 2015

L.N. 218 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions (Ukraine)

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:-

The title of these regulations is the Enforcement of

European Union Sanctions (Ukraine) Regulations, 2015.

COUNCIL REGULATION (EU) No 692/2014

of 23 June 2014

concerning restrictions on the import into the Union of goods

originating in Crimea or Sevastopol, in response to the illegal

annexation of Crimea and Sevastopol

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 2014/386/CFSP (1)

concerning restrictions on goods originating in Crimea or Sevastopol,

in response to the illegal annexation of Crimea and Sevastopol,

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) At its meeting of 20-21 March 2014, the European Council

strongly condemned the annexation of the Autonomous Republic of

Crimea (‘Crimea’) and the city of Sevastopol (‘Sevastopol’) to the

Russian Federation and emphasised that it will not recognise the

annexation. The European Council asked the Commission to evaluate

the legal consequences of that annexation and to propose economic,

trade and financial restrictions regarding Crimea for rapid

implementation.

(2) In its Resolution of 27 March 2014, the United Nations

General Assembly affirmed its commitment to the sovereignty,

political independence, unity and territorial integrity of Ukraine

within its internationally recognized borders, underscoring the

invalidity of the referendum held in Crimea on 16 March, and called

upon all States not to recognise any alterations in the status of Crimea

and of Sevastopol.

(3) On 23 June 2014, the Council adopted Decision 2014/386/

CFSP concerning restrictions on goods originating in Crimea or

Sevastopol and on the provision, directly or indirectly, of financing or

financial assistance, as well as insurance and reinsurance, related to

the import of such goods, in response to the illegal annexation of

Crimea and Sevastopol. In order to minimise the effect of such

restrictive measures on economic operators, exceptions and

transitional periods should be provided for in respect of trade in

goods and related services for which transactions are required by a

trade contract or ancillary contract, subject to a notification

procedure.

(4) These measures fall within the scope of the Treaty on the

Functioning of the European Union and, therefore, notably with a

view to ensuring their uniform application in all Member States,

regulatory action at the level of the Union is necessary in order to

implement them.

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

Regulation are effective, it should enter into force on the day

following that of its publication,

HAS ADOPTED THIS REGULATION

Article 1

For the purposes of this Regulation, the following definitions

apply

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

proceedings or not, made before or after 25 June 2014, 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;

(b) ‘contract or transaction’ means any transaction of

whatever form, whatever the applicable law, and 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;

(c) ‘goods originating in Crimea or Sevastopol’ means goods

which are wholly obtained in Crimea or in Sevastopol or which have

undergone their last substantial transformation there, in accordance,

mutatis mutandis, with Articles 23 and 24 of Regulation (EEC) No

2913/92 of 12 October 1992 establishing the Community Customs

Code (2);

(d) ‘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.

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

the Member States as identified on the websites listed in the Annex.

Article 2

It shall be prohibited

(a) to import into the European Union goods originating in

Crimea or Sevastopol;

(b) to provide, directly or indirectly, financing or financial

assistance as well as insurance and reinsurance related to the import

of the goods referred to in point (a).

Article 3

The prohibitions in Article 2 shall not apply in respect of

(a) the execution until 26 September 2014, of trade contracts

concluded before 25 June 2014, or of ancillary contracts necessary for

the execution of such contracts, provided that the natural or legal

persons, entity or body seeking to perform the contract have notified,

at least 10 working days in advance, the activity or transaction to the

competent authority of the Member State in which they are

established.

(b) goods originating in Crimea or Sevastopol which have

been made available to the Ukrainian authorities for examination, for

which compliance with the conditions conferring entitlement to

preferential origin has been verified in accordance with Regulation

(EU) No 978/2012 and Regulation (EU) No 374/2014 (3) or in

accordance with the EU-Ukraine Association Agreement.

Article 4

It shall be prohibited to participate, knowingly and intentionally,

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

prohibitions laid down in Article 2.

Article 5

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 6

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, particularly 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 to Council Regulation (EU) No 269/2014;

(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);

(c) any natural or legal person, entity or body which has been

found by an arbitral, judicial or administrative decision to have

infringed the prohibitions set out in this Regulation;

(d) any natural or legal person, entity or body, if the claim

relates to goods the import of which is prohibited under Article 2.

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 natural or

legal persons, entities or 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 7

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 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 8

1. Member States shall lay down the rules on penalties

applicable to infringements of the provisions of this Regulation and

shall take all measures necessary to ensure that they are implemented.

The penalties provided for must be effective, proportionate and

dissuasive.

2. Member States shall notify the 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.

Article 9

1. Member States shall designate the competent authorities

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

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

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

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 the Annex.

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, 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 11

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.

(1) Council Decision 2014/386/CFSP of 23 June 2014

concerning restrictions on goods originating in Crimea or

Sevastopol, in response to the illegal annexation of Crimea and

Sevastopol (see page 70 of this Official Journal).

(2) OJ L 302, 19.10.1992, p. 1.

(3) OJ L 118, 22.4.2014, p. 1.

ANNEX

Websites

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

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

B

€0.99

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 Council Regulation (EC) No.

692/2014 of 23 June 2014 concerning restrictions on the import into

the Union of goods originating in Crimea or Sevastopol, in response

2014. to the illegal annexation of Crimea and Sevastopol, which text is

contained in the Schedule to these regulations.

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.

(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

(1)

Where an offence against any provision of the Notification

Council Regulation to which these regulations apply, or against these about

of assets.

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.