the Central Mediterranean Regulations, 2020

L.N. 259 of 2020

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Measures in support of actions addressing smuggling activities in

the Central Mediterranean Regulations, 2020

IN EXERCISE of the powers conferred by article 3(3) and (7) of

the National Interest (Enabling Powers) Act, the Minister for Foreign

Affairs has made the following regulations:-

The title of these regulations is the Measures in support of

actions addressing smuggling activities in the Central Mediterranean

Regulations, 2020.

These regulations shall apply to vessels that will be

exported, transferred or transhipped to Libya from Malta and which

could be used for the smuggling of migrants and trafficking of human

beings in line with the Malta Declaration of 3 February 2017 by the

members of the European Council on the external aspects of

migration: addressing the Central Mediterranean route. These

regulations shall also apply to those vessels used in actions that could

undermine the security and stability of Libya.

In these regulations, unless the context otherwise requires

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

"vessel" includes vessels listed under Annex VII of Council

Regulation 2016/44 of 18 January as well as vessels with an inboard

motor of any size used in navigation.

Further to the prior authorisation mechanism established

under Council Regulation 2016/44 of 18 January 2016 concerning

vessels to Libya.

restrictive measures in view of the situation in Libya, directly

applicable under the Act, the direct or indirect export, transhipment,

sale, supply or transfer, by any person in Malta or from Malta of any

vessel, as defined in regulation 3, to Libya shall be prohibited

Provided that the prohibition shall also apply to vessels in

transit or which are to be transhipped to Libya and to any technical

assistance, financing, financial assistance and brokering services in

relation to such vessels.

Without prejudice to any restrictive measures imposed by

the Security Council or the Council of the European Union in relation

to Libya, the prohibition imposed by regulation 4 shall not apply to

(a) vessels that are used to ferry cargo between Malta and

Libya including tugboats and supply vessels;

(b) vessels that are to be supplied to the Government of

Libya, UN personnel, personnel of the European Union or its

Member States; and

(c) any other vessels that are to be transferred, exported

or transhipped to Libya following an authorisation by the

Sanctions Monitoring Board after it is satisfied of the legitimate

purpose for which the vessels will be transferred.

(1) The Sanctions Monitoring Board may, in its absolute Prior

discretion, following a request for authorisation submitted in terms of authorisation

from the

sub-regulation (2), grant prior authorisation for vessels to be exported, Sanctions

Monitoring

transhipped or transferred from Malta to Libya.

Board.

(2) The request for an authorisation shall be submitted by the

seller, the exporter or his representative or broker, hereinafter referred

to as "the applicant", to the Director responsible for trade and the

request shall be accompanied with the following documentation

(a)

details and photos of the vessels in question;

(b) a declaration as to whether the vessels are new or

second hand;

(c)

details of the exporter;

(d)

details of the end user;

(e) a declaration signed by the end user relating to the

purpose of the vessels

Provided that Director of Trade may request further

information or documentation as deemed necessary.

(3) Upon receipt of a request for authorisation accompanied

with the necessary information and documentation in accordance with

sub-regulation (2), the Director responsible for trade shall forward the

request to the Sanctions Monitoring Board.

(4) The Sanctions Monitoring Board shall, within a period of

thirty (30) working days of receiving the request for authorisation and

the necessary information and documentation, take a decision whether

the export should be authorised and communicate such decision to the

applicant.

(5) The decision issued by the Sanctions Monitoring Board

shall be final and not subject to appeal.

(6) No vessel as defined in regulation 3 shall leave Malta

without authorisation issued by the Sanctions Monitoring Board in

accordance with this regulation.

Any person violating any of the provisions of these

regulations shall, on conviction, be liable to the penalties provided in

article 6 of the Act.

These regulations apply to vessels that are in Malta upon

the coming into force of these regulations awaiting transhipment to

Libya.

€0.27