Regulations, 2015

L.N. 219 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions (Republic of Yemen)

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 (Republic of Yemen) Regulations, 2015.

COUNCIL REGULATION (EU) No 1352/2014

of 18 December 2014

concerning restrictive measures in view of the situation in Yemen

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 2014/932/CFSP (1),

Having regard to the joint proposal from the High

Representative of the Union for Foreign Affairs and Security Policy

and the European Commission,

Whereas

(1) In accordance with the United Nations Security Council

Resolution (UNSCR) 2140 (2014) of 26 February 2014, Decision

2014/932/CFSP provides for restrictions on the entry or transit and

the freezing of funds and economic resources of certain persons to be

designated by the Committee established pursuant to paragraph 19 of

UNSCR 2140 (2014).

(2) On 7 November 2014, that Committee designated three

individuals to be subject to restrictions on entry or transit and to the

freezing of funds and economic resources as set out in UNSCR 2140

(2014).

(3) Certain measures provided for in Decision 2014/932/CFSP

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 by economic operators in all Member States, regulatory

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

them.

(4) 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 is to be applied in accordance with

those rights.

(5) 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

Yemen and in order to ensure consistency with the process for

amending and reviewing the Annex to Decision 2014/932/CFSP.

(6) The procedure for amending the list in Annex I to this

Regulation should include the provision of reasons for their listing as

transmitted by the Committee established pursuant to paragraph 19 of

UNSCR 2140 (2014) to designated natural or legal persons, entities

or bodies, 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.

(7) 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 should comply with Regulation (EC) No

45/2001 of the European Parliament and of the Council (2) and

Directive 95/46/EC of the European Parliament and of the Council

(3).

(8) 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

shall apply

(a) ‘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;

(b) ‘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;

(c) ‘competent authorities’ refers to the competent authorities

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

(d) ‘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;

(e) ‘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;

(f) ‘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;

(g) ‘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;

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

Nations Security Council established pursuant to paragraph 19 of

UNSCR 2140 (2014);

(i) ‘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

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 to this Regulation shall be frozen.

2. 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 Annex I.

Article 3

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

bodies identified by the Sanctions Committee as engaging in or

providing support for acts that threaten the peace, security or stability

of Yemen, including but not limited to

(a) acts obstructing or undermining the successful completion

of the political transition, as outlined in the Gulf Cooperation Council

(GCC) Initiative and Implementation Mechanism Agreement;

(b) acts impeding the implementation of the outcomes of the

final report of the Comprehensive National Dialogue Conference

through violence, or attacks on essential infrastructure;

(c) planning, directing or committing acts that violate

applicable international human rights law or international

humanitarian law, or acts that constitute human rights abuses, in

Yemen.

2. Annex I shall include the grounds for the listing of natural

or legal persons, entities or bodies concerned.

3. 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 4

By way of derogation from Article 2, 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 natural or

legal persons, entities or bodies 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 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 5

By way of derogation from Article 2, 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 that determination.

Article 6

By way of derogation from Article 2, the competent authorities

in the Member States may authorise the release of certain frozen

funds or economic resources, if 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 2 was

included in Annex I, or of a judicial, administrative or arbitral

judgment delivered 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;

(d) recognising 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 concerned of the lien or judgment.

Article 7

By way of derogation from Article 2 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 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 2(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 8

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

accounts by financial or credit institutions that receive funds

transferred by third parties onto 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. Article 2(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 arose before the date on which the natural or

legal person, entity or body referred to in Article 2 has been included

in Annex I; or

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

lien or judgment, as referred to in Article 6;

provided that any such interest, other earnings and payments are

frozen in accordance with Article 2(1).

Article 9

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 2, 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 10

It shall be prohibited to participate, knowingly and intentionally,

in activities where the object or effect is to circumvent the measures

referred to in Article 2.

Article 11

1. The freezing of funds and economic resources or the

refusal to make funds or economic resources available, done 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 carrying out such an

action, or its directors or employees, unless it is proven 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 set out in this Regulation.

Article 12

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, notably 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 13

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

(a) in respect of funds frozen under Article 2 and

authorisations granted under Articles 4, 5, 6 and 7;

(b) 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 14

The Commission shall be empowered to amend Annex II on the

basis of information supplied by Member States.

Article 15

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 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 United Nations Security Council or the

Sanctions Committee 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 16

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 these rules to the Commission

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

notify it of any subsequent amendment.

Article 17

1. Member States shall designate the competent authorities

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

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

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

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 II.

Article 18

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 19

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.

(1) Council Decision 2014/932/CFSP of 18 December 2014

concerning restrictive measures in view of the situation in Yemen (see

page 147 of this Official Journal).

(2) 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 personal data by the

Community institutions and bodies and on the free movement of such

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

(3) 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).

ANNEX I

LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN

ARTICLE 2

A. PERSONS

1. Abdullah Yahya Al Hakim (aliases: a) Abu Ali al Hakim;

b) Abu-Ali al-Hakim; c) Abdallah al-Hakim; d) Abu Ali Alhakim; e)

Abdallah al-Mu'ayyad).

Designation: Huthi group second-in-command.

Address: Dahyan, Sa'dah Governorate, Yemen.

Date of Birth: a) Approximately 1985; b) Between 1984 and 1986.

Place of Birth: a) Dahyan, Yemen; b) Sa'dah Governorate, Yemen.

Nationality: Yemen.

Other information: Gender: male.

Date of UN designation: 7.11.2014.

Additional information from the narrative summary of reasons for

listing provided by the Sanctions Committee

Abdullah Yahya al Hakim was designated for sanctions on 7

November 2014 pursuant to paragraphs 11 and 15 of UNSCR 2140

(2014), as meeting the designation criteria set out in paragraphs 17

and 18 of the Resolution.

Abdullah Yahya al Hakim has engaged in acts that threaten the peace,

security, or stability of Yemen, such as acts that obstruct the

implementation of the agreement of 23 November 2011, between the

Government of Yemen and those in opposition to it, which provides

for a peaceful transition of power in Yemen, and that obstruct the

political process in Yemen.

In June 2014, Abdullah Yahya al Hakim reportedly held a meeting in

order to plot a coup against Yemeni President Abdrabuh Mansour

Hadi. Al Hakim met with military and security commanders, and

tribal chieftains; leading partisan figures loyal to former Yemeni

President Ali Abdullah Saleh also attended the meeting, which aimed

to coordinate military efforts to take over Sana'a, Yemen's capital.

In a 29 August 2014 public statement, the President of the United

Nations Security Council stated that the Council condemned the

actions of forces commanded by Abdullah Yahya al Hakim who

overran Amran, Yemen, including the Yemeni Army Brigade

headquarters on 8 July 2014. Al Hakim led the July 2014 violent

takeover of the Amran Governorate and was the military commander

responsible for making decisions regarding ongoing conflicts in the

Amran Governorate and Hamdan, YemenAs of early September 2014,

Abdullah Yahya al Hakim remained in Sana'a to oversee combat

operations in case fighting began. His role was to organise military

operations so as to be able to topple the Yemeni government, and he

was also responsible for securing and controlling all routes in and out

of Sana'a.

2. Abd Al-Khaliq Al-Huthi (aliases: a) Abd-al-Khaliq al-

Huthi; b) Abd-al-Khaliq Badr-al-Din al Huthi; c) 'Abd al-Khaliq Badr

al-Din al-Huthi; d) Abu-Yunus).

Designation: Huthi military commander.

Date of Birth: 1984.

Nationality: Yemen.

Other information: Gender: Male.

Date of UN designation: 7.11.2014.

Additional information from the narrative summary of reasons for

listing provided by the Sanctions Committee

Abd al-Khaliq al-Huthi was designated for sanctions on 7 November

2014 pursuant to paragraphs 11 and 15 of UNSCR 2140 (2014), as

meeting the designation criteria set out in paragraphs 17 and 18 of the

Resolution.

Abd al-Khaliq al-Huthi has engaged in acts that threaten the peace,

security, or stability of Yemen, such as acts that obstruct the

implementation of the agreement of 23 November 2011 between the

Government of Yemen and those in opposition to it, which provides

for a peaceful transition of power in Yemen, and acts that obstruct the

political process in Yemen.

In late October 2013, Abd al-Khaliq al-Huthi led a group of fighters

dressed in Yemeni military uniforms in an attack on locations in

Dimaj, Yemen. The ensuing fighting resulted in multiple deaths.

In late September 2014, an unknown number of unidentified fighters

allegedly were prepared to attack diplomatic facilities in Sana'a,

Yemen, upon receiving orders from Abd al-Khaliq al-Huthi. On 30

August 2014, al-Huthi coordinated to move weapons from Amran to a

protest camp in Sana'a.

3. Ali Abdullah Saleh (alias: Ali Abdallah Salih).

Designation: a) President of Yemen's General People's Congress

party; b) Former President of the Republic of Yemen.

Date of Birth: a) 21.3.1945; b) 21.3.1946; c) 21.3.1942; d) 21.3.1947.

Place of Birth: a) Bayt al-Ahmar, Sana'a Governorate, Yemen; b)

Sana'a, Yemen; c) Sana'a, Sanhan, Al-Rib' al-Sharqi.

Nationality: Yemen.

Passport no: 00016161 (Yemen).

National identification no: 01010744444.

Other information: Gender: Male.

Date of UN designation: 7.11.2014.

Additional information from the narrative summary of reasons for

listing provided by the Sanctions Committee

Ali Abdullah Saleh was designated for sanctions on 7 November

2014 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as

meeting the designation criteria set out in paragraphs 17 and 18 of the

resolution.

Ali Abdullah Saleh has engaged in acts that threaten the peace,

security or stability of Yemen, such as acts that obstruct the

implementation of the agreement of 23 November 2011 between the

Government of Yemen and those in opposition to it, which provides

for a peaceful transition of power in Yemen, and acts that obstruct the

political process in Yemen.

Per the 23 November 2011 agreement backed by the Gulf

Cooperation Council, Ali Abdullah Saleh stepped down as President

of Yemen after more than 30 years.

As of autumn 2012, Ali Abdullah Saleh had reportedly become one of

the primary supporters of violent Huthi actions in northern Yemen.

Clashes in the south of Yemen in February 2013 were a result of the

combined efforts of Saleh, AQAP and southern secessionist Ali Salim

al-Bayd to cause trouble before the 18 March 2013 National Dialogue

Conference in Yemen.

More recently, as of September 2014, Saleh has been destabilizing

Yemen by using others to undermine the central government and

create enough instability to threaten a coup. According to a

September 2014 report by the United Nations Panel of Experts for

Yemen, interlocutors alleged that Saleh supports violent actions of

some Yemenis by providing them with funds and political support, as

well as ensuring that GPC members continue to contribute to the

destabilization of Yemen through various means.

ANNEX II

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://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

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

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

B

€1.71

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.

1352/2014 of 18 December, 2014, concerning restrictive measures in

view of the situation in the Republic of Yemen, which text is

2014. 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 Corporate

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

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

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

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

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

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

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

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

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

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

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

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

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

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

vested with the legal representation of the same body corporate which

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

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

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

Any person who commits an offence against any provision Penalty.

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

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

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

exceeding one hundred and sixteen thousand four hundred and sixty-

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

3.1947.

Post tat-twelid: a) Bayt al-Ahmar, Sana'a Governorate, il-Jemen; b)

Sana'a, il-Jemen; c) Sana'a, Sanhan, Al-Rib' al-Sharqi.

Ċittadinanza: Jemen.

Nru tal-Passaport: 00016161 (Jemen).

Nru ta' identifikazzjoni nazzjonali: 01010744444.

Informazzjoni oħra: Sess: Raġel.

Data tal-għażla min-NU: 7.11.2014.

Informazzjoni addizzjonali mit-taqsira narrattiva tar-raġunijiet għall-

elenkar ipprovduta mill-Kumitat tas-Sanzjonijiet

Ali Abdullah Saleh ġie nominat għas-sanzjonijiet fis-7 ta' Novembru

2014 skont il-paragrafi 11 u 15 tar-Riżoluzzjoni 2140 (2014),

minħabba li jissodisfa l-kriterji tal-għażla stabbiliti fil-paragrafi 17 u

18 tar-Riżoluzzjoni.

Ali Abdullah Saleh kien involut f'atti li jheddu l-paċi, is-sigurtà jew l-

istabbiltà tal-Jemen, bħal atti li jxekklu l-implimentazzjoni tal-ftehim

tat-23 ta' Novembru 2011 bejn il-Gvern tal-Jemen u dawk fl-

oppożizzjoni, li jipprevedi transizzjoni paċifika tal-poter fil-Jemen, u

atti li jxekklu l-proċess politiku fil-Jemen.

Skont il-Ftehim tat-23 ta' Novembru 2011 appoġġat mill-Kunsill ta'

Kooperazzjoni tal-Golf, Ali Abdullah Saleh irriżenja minn President

tal-Jemen wara aktar minn 30 snin.

Mill-ħarifa tal-2012, Ali Abdullah Saleh kien allegatament sar

wieħed mis-sostenituri primarji tal-azzjonijiet vjolenti ta' Huthi fit-

Tramuntana tal-Jemen.

Ġlied fin-Nofsinhar tal-Jemen fi Frar 2013 kien ir-riżultat ta' sforzi

magħquda ta' Saleh, l-AQAP u s-seċessjonista tan-Nofsinhar Ali

Salim al-Bayd sabiex jaqilgħu l-inkwiet qabel il-Konferenza ta'

Djalogu Nazzjonali fil-Jemen tat-18 ta' Frar 2013.

Aktar reċentement, f'Settembru 2014, Saleh kien qed jiddestabbilizza

l-Jemen billi juża persuni oħrajn biex jimminaw lill-gvern ċentrali u

joħolqu biżżejjed instabbiltà biex jheddu b'kolp ta' stat. Skont rapport

ta' Settembru 2014 minn Bord ta' Esperti tan-Nazzjonijiet Uniti għall-

Jemen, interlokuturi allegaw li Saleh jappoġġa azzjonijiet vjolenti ta'

xi Jemeniti billi jipprovdilhom fondi u appoġġ politiku, kif ukoll billi

jiżgura li l-Membri tal-GPC jibqgħu jikkontribwixxu għad-

destabbilizzazzjoni tal-Jemen permezz ta' diversi mezzi.

ANNESS II

SITI WEB GĦALL-INFORMAZZJONI DWAR L-AWTORITAJIET

KOMPETENTI U L-INDIRIZZ GĦAN-NOTIFIKA LILL-

KUMMISSJONI EWROPEA

IL-BELĠJU

http://www.diplomatie.be/eusanctions

IL-BULGARIJA

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

IR-REPUBBLIKA ĊEKA

http://www.mfcr.cz/mezinarodnisankce

ID-DANIMARKA

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

IL-ĠERMANJA

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

aussenwirtschaftsrecht,did=404888.html

L-ESTONJA

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

L-IRLANDA

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

IL-GREĊJA

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

sanctions.html

SPANJA

http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/

GlobalizacionOportunidadesRiesgos/Documents/

ORGANISMOS%20COMPETENTES%20SANCIONES%20INTER

NACIONALES.pdf

FRANZA

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

IL-KROAZJA

http://www.mvep.hr/sankcije

L-ITALJA

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

ĊIPRU

http://www.mfa.gov.cy/sanctions

IL-LATVJA

http://www.mfa.gov.lv/en/security/4539

IL-LITWANJA

http://www.urm.lt/sanctions

IL-LUSSEMBURGU

http://www.mae.lu/sanctions

L-UNGERIJA

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/

nemzetkozi_szankciok/

MALTA

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

IL-PAJJIŻI L-BAXXI

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-

veiligheid/sancties

L-AWSTRIJA

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

IL-POLONJA

http://www.msz.gov.pl

IL-PORTUGALL

http://www.portugal.gov.pt/pt/os-ministerios/ministerio-dos-

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

restritivas/medidas-restritivas.aspx

IR-RUMANIJA

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

IS-SLOVENJA

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

zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

IS-SLOVAKKJA

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

sankcie_eu

IL-FINLANDJA

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

L-ISVEZJA

http://www.ud.se/sanktioner

IR-RENJU UNIT

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

Indirizz għan-notifiki lill-Kummissjoni Ewropea

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

Posta Elettronika: relex-sanctions@ec.europa.eu

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