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Regulations, 2015

11 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

L.N. 359 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions (Republic of Burundi)

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 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

The title of these regulations is the Enforcement of

European Union Sanctions (Republic of Burundi) Regulations, 2015.

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

Regulation 3

COUNCIL REGULATION (EU) 2015/1755

of 1 October 2015

concerning restrictive measures in view of the situation in Burundi

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 (CFSP) 2015/1763 of 1 October 2015

concerning restrictive measures in respect of the situation in Burundi ( 1 ),

Having regard to the joint proposal from the High Representative of the Union for

Foreign Affairs and Security Policy and the Commission,

Whereas

(1) On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763

concerning restrictive measures in view of the situation in Burundi providing for travel

restrictions and the freezing of funds and economic resources of certain persons, entities

or bodies responsible for undermining democracy or obstructing the search for a political

solution in Burundi, including by acts of violence, repression or inciting violence, persons,

entities or bodies involved in planning, directing, or committing acts that violate

international human rights law or international humanitarian law, as applicable, or that

constitute serious human rights abuses, in Burundi. Those persons, entities and bodies are

listed in the Annex to Decision (CFSP) 2015/1763.

(2) Further action by the Union is needed in order to implement Decision (CFSP)

2015/1763.

(3) The High Representative of the Union for Foreign Affairs and Security Policy

and the European Commission should make a proposal for a Regulation concerning

restrictive measures in view of the situation in Burundi.

(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 should 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 Burundi and in order to ensure consistency with the

process for amending and reviewing the Annex to Decision (CFSP) 2015/1763.

(6) 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/EC ( 2 ) and Regulation (EC) No 45/2001 ( 3 ).

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

effective, it should enter into force immediately upon its publication,

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)

‘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 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.

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

accordance with Article 2(1) of Council Decision (CFSP) 2015/1763, have been identified

(a)

undermining democracy or obstructing the search for a political

solution in Burundi, including by acts of violence, repression or inciting violence;

(b)

being involved in planning, directing, or committing acts that violate

international human rights law or international humanitarian law, as applicable, or

that constitute serious human rights abuses, in Burundi; and

(c)

associated with the persons, entities or bodies referred to in points (a)

Article 3

1. 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, after having determined that the funds or economic resources concerned

(a)

necessary to satisfy the basic needs of natural or legal persons 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;

(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 authorisation.

2. The Member State concerned shall inform the other Member States and the

Commission of any authorisation granted under paragraph 1.

Article 4

1. By way of derogation from Article 2(1), the competent authorities of 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 are subject to an arbitral decision

rendered prior to the date on which the natural or legal person, entity or body

referred to in Article 2 was listed in Annex I, or of a judicial or administrative

decision rendered in the Union, 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; and

(d)

recognising 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 5

1. By way of derogation from Article 2(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 was included in Annex I, 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 will be used for a payment by a

natural or legal person, entity or body listed in Annex I; and

(b)

the payment is not in breach of Article 2(2).

2. The Member State concerned shall inform the other Member States and the

Commission of any authorisation granted under paragraph 1.

Article 6

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 was included in Annex I; or

(c)

payments due under judicial, administrative or arbitral decisions

rendered in a Member State or enforceable in the Member State concerned;

provided that any such interest, other earnings and payments are frozen in accordance with

Article 2(1).

Article 7

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 8

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 Article 2.

Article 9

1. The freezing of funds and economic resources or the refusal to make funds or

economic resources available, carried out in good faith on the basis that such action is in

accordance with this Regulation, shall not give rise to liability of any kind on the part of

the natural or legal person or entity or body implementing it, or its directors or employees,

unless it is proved that the funds and economic resources were frozen or withheld as a

result of negligence.

2. Actions by natural or legal persons, entities or bodies shall not give rise to any

liability of any kind on their part if they did not know, and had no reasonable cause to

suspect, that their actions would infringe the measures set out in this Regulation.

Article 10

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 11

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 3, 4 and 5;

(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 12

The Commission shall be empowered to amend Annex II on the basis of information

supplied by Member States.

Article 13

1. Where the Council decides to subject a natural or legal person, entity or body

to the measures referred to in Article 2(1), it shall amend Annex I 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 I shall be reviewed at regular intervals and at least every 12

months.

Article 14

1. Annex I shall include the grounds for the listing of natural or legal persons,

entities or bodies concerned.

2. Annex I 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 15

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.

Article 16

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 17

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 natural 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 18

This Regulation shall enter into force on the date 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.

Done at Luxembourg, 1 October 2015.

For the Council

The President

E. SCHNEIDER

See page 37 of this Official Journal.

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).

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).

ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2

Name

Identifying information

Grounds for designation

1. Godefroid BIZIMANA

DOB: 23.4.1968

Deputy Director-General of the National

POB: NYAGASEKE,

Police, responsible for undermining

MABAYI, CIBITOKE

democracy by making operational decisions

Burundian nationality.

that have led to a disproportionate use of

Passport number

force and acts of violent repression towards

DP0001520

peaceful demonstrations that started on 26

April 2015 following the announcement of

the presidential candidacy of President

Nkurunziza.

2. Gervais NDIRAKOBUCA

DOB: 1.8.1970

Head of Cabinet of the Presidential

alias NDAKUGARIKA

Burundian nationality.

Administration (Présidence) responsible for

Passport number

matters relating to the National Police.

DP0000761

Responsible for obstructing the search for a

political solution in Burundi by issuing

instructions that led to disproportionate use

of force, acts of violence, acts of repression

and violations of international human rights

law against protestors demonstrating from 26

April 2015 onwards, following the

announcement of the presidential candidacy

of President Nkurunziza, including on 26, 27

and 28 April in the Nyakabiga and Musaga

districts in Bujumbura.

3. Mathias/Joseph

Registration number

Officer of the National Intelligence Service.

NIYONZIMA alias

(SNR): O/00064

Responsible for obstructing the search for a

KAZUNGU

Burundian nationality.

political solution in Burundi by inciting

Passport number

violence and acts of repression during the

OP0053090

demonstrations that started on 26 April 2015

following the announcement of the

presidential candidacy of President

Nkurunziza. Responsible for helping train,

coordinate and arm the Imbonerakure

paramilitary militias, including outside

Burundi, who are responsible for acts of

violence, repression and serious human

rights abuses in Burundi.

4. Léonard

DOB: 24.11.1968

Former ‘Chargé de Missions de la

NGENDAKUMANA

Burundian nationality.

Présidence’ and former army general.

Passport number

Responsible for obstructing the search for a

DP0000885

political solution in Burundi by participating

in the attempted coup d'état of 13 May 2015

to overthrow the Burundi Government.

Responsible for acts of violence — grenade

attacks — committed in Burundi, as well as

for incitement to violence. General Léonard

Ngendakumana publicly supported violence

as a means to achieve political goals.

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%20INTERNACIONALES.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_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

1049 Brussels

BELGIUM

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

€1.35

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

In these regulations, unless the context otherwise

requires –

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

"the Council Regulation" means the Council Regulation referred

to in regulation 3, any amendment thereto and any repealing

Regulation;

"Monitoring Board" means the Board established under

regulation 2 of the Sanctions (Monitoring Board) Regulations;

"the Treaty" means the Treaty referred to in article 2 of the

European Union Act.

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

These regulations apply to Council Regulation (EC) No.

1755/2015 of 1 October 2015 concerning restrictive measures in view

of the Republic of Burundi, which text is contained in the Schedule to

2015. these regulations.

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

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

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

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

Treaty.

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

(1)

Where any provision of any regulation made under

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

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

persons or entities as may be identified or identifiable under these

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

person or entity shall without delay notify in writing any relevant

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

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

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

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

requirements of this regulation shall not constitute a breach of the

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

confidentiality obligation arising from a contract or any other law.

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

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

of the Criminal Code.

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

(1)

Where an offence against any provision of the Corporate

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

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

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

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

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

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

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

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

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

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

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

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

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

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

vested with the legal representation of the same body corporate which

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

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

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

Malta Government Gazette — Legal Notice 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Regulations, 2015

Any person who commits an offence against any provision Penalty.

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

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

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

exceeding one hundred and sixteen thousand four hundred and sixty-

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

Gazzetta tal-Gvern ta' Malta — Avviż Legali 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Ewropea fir-rigward tar-Repubblika tal-Burundi

1.2001, p. 1).

ANNESS I

Lista ta’ persuni fiżiċi u ġuridiċi, entitajiet u korpi msemmijin fl-Artikolu 2

Nru

Isem

Informazzjoni ta' Raġunijiet għad-deżinjazzjoni

identifikazzjoni

1. Godefroid

Data tat-Twelid

Viċi Direttur Ġenerali tal-Pulizija Nazzjonali, responsabbli li

BIZIMANA

Gazzetta tal-Gvern ta' Malta — Avviż Legali 2015 359 · Gazzetta tal-Gvern ta’ Malta Nru. 19,493 – 06.11.2015 — Ewropea fir-rigward tar-Repubblika tal-Burundi

4.1968

dgħajjef id-demokrazija billi ħa deċiżjonijiet operazzjonali li

Post tat-Twelid

wasslu għal użu sproporzjonat ta' forza u atti ta' repressjoni vjolenti

NYAGASEKE,

lejn dimostrazzjonijiet paċifiċi li bdew fis-26 ta' April 2015 wara li

MABAYI,

tħabbret il-kandidatura presidenzjali tal-President Nkurunziza.

CIBITOKE

Nazzjonalità

Burundjana.

Numru tal-

passaport

DP0001520

2. Gervais

Data tat-Twelid

Kap tal-Kabinett tal-Amministrazzjoni Presidenzjali (Présidence)

NDIRAKOBUCA 1.8.1970

responsabbli minn kwistjonijiet relatati mal-Pulizija Nazzjonali.

psewdonimu

Nazzjonalità

Responsabbli li fixkel it-tfittxija għal soluzzjoni politika fil-

NDAKUGARIK Burundjana.

Burundi billi ta struzzjonijiet li wasslu għal użu sproporzjonat ta'

A

Numru tal-

forza, atti ta' vjolenza, atti ta' repressjoni u ksur tal-liġi

passaport

internazzjonali dwar id-drittijiet tal-bniedem kontra dimostranti

DP0000761

waqt protesti mis-26 ta' April 2015 'il quddiem, wara li tħabbret il-

kandidatura tal-President Nkurunziza, inkluż fis-26, 27 u t-28 ta'

April fid-distretti ta' Nyakabiga u Musaga f'Bujumbura.

3. Mathias/Joseph

Numru ta'

Uffiċjal fis-Servizz tal-Intelligence Nazzjonali. Responsabbli li

NIYONZIMA

reġistrazzjoni

fixkel it-tfittxija għal soluzzjoni politika fil-Burundi billi inċita l-

psewdonimu

(SNR): O/00064

vjolenza u atti ta' repressjoni waqt il-protesti li bdew fis-26 ta'

KAZUNGU

Nazzjonalità

April 2015 wara li tħabbret il-kandidatura presidenzjali tal-

Burundjana.

President Nkurunziza. Responsabbli li għen iħarreġ, jikkoordina u

Numru tal-

jarma lill-milizzji paramilitari Imbonerakure, inkluż barra l-

passaport

Burundi, li huma responsabbli għal atti ta' vjolenza, repressjoni u

OP0053090

abbużi serji kontra d-drittijiet tal-bniedem fil-Burundi.

4. Léonard

Data tat-Twelid

Ex-"Chargé de Missions de la Présidence" u ex ġeneral tal-armata.

NGENDAKUMA 24.11.1968

Responsabbli li fixkel it-tfittxija għal soluzzjoni politika fil-

NA

Nazzjonalità

Burundi billi ħa sehem fit-tentattiv ta' kolp ta' stat fit-13 ta' Mejju

Burundjana.

2015 biex iwaqqa' l-Gvern Burundjan. Responsabbli għal atti ta'

Numru tal-

vjolenza — attakki bil-granati — imwettqa fil-Burundi, kif ukoll

passaport

għal inċitament għall-vjolenza. Il-Ġeneral Léonard Ngendakumana

DP0000885

pubblikament appoġġa l-vjolenza bħala mezz biex jintlaħqu

għanijiet politiċi.

ANNESS II

Siti elettroniċi għal informazzjoni dwar l-awtoritajiet kompetenti u indirizz biex tiġi

nnotifikata l-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/

ILĠERMANJA

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%20INTERNACIONALES.pdf

FRANZA

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

IL-KROAZJA

http://www.mvep.hr/sankcije

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://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

IN-NETHERLANDS

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

RUMANIJA

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

IS-SLOVENJA

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

IS-SLOVAKKJA

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

IL-FINLANDJA

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

L-IŻVEZJA

http://www.ud.se/sanktioner

IR-RENJU UNIT

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

INDIRIZZ GĦAL NOTIFIKI LILL-KUMMISSJONI EWROPEA

European Commission

Service for Foreign Policy Instruments (FPI) EEAS 02/309

1049 Brussels

Belgium

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

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