MEASURES IN SUPPORT OF ACTIONS ADDRESSING SMUGGLING ACTIVITIES IN THE CENTRAL MEDITERRANEAN REGULATIONS

MEASURES IN SUPPORT OF ACTIONS ADDRESSING

SMUGGLING ACTIVITIES IN THE CENTRAL

MEDITERRANEAN

SUBSIDIARY LEGISLATION 653.07

MEASURES IN SUPPORT OF ACTIONS

ADDRESSING SMUGGLING ACTIVITIES IN THE

CENTRAL MEDITERRANEAN REGULATIONS

23rd June, 2020

LEGAL NOTICE 259 of 2020.

The title of these regulations is the Measures in support

of actions addressing smuggling activities in the Central

Mediterranean Regulations.

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

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;

MEASURES IN SUPPORT OF ACTIONS ADDRESSING

SMUGGLING ACTIVITIES IN THE CENTRAL

MEDITERRANEAN

(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 discretion, following a request for authorisation submitted in

terms of sub-regulation (2), grant prior authorisation for vessels to be

exported, transhipped or transferred from Malta to Libya.

(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

MEASURES IN SUPPORT OF ACTIONS ADDRESSING

SMUGGLING ACTIVITIES IN THE CENTRAL

MEDITERRANEAN

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.