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National Interest (Enabling Powers) Act (Cap. 365) United Nations Sanctions (Libyan Arab Jamahiriya) Regulations, 2011 (L.N. 69 Of 2011 )

NATIONAL INTEREST (ENABLING POWERS) ACT (CAP. 365)United Nations Sanctions (Libyan Arab Jamahiriya) Regulations, 2011

IN exercise of the powers conferred by article 3 of the National Interest (Enabling Powers) Act, the Prime Minister has made the following regulations:-

Sanctions (Libyan Arab Jamahiriya) Regulations.

in Regulation 3;
“Annex II” means Annex II to the Resolution referred to in Regulation 3;
“the Act” means the National Interest (Enabling
Powers) Act;
“the Committee” means the Committee of the Security Council of the United Nations established pursuant to paragraph 24 of the Resolution;
“the Resolution” means the Resolution referred to in regulation 3;
“the Security Council” means the Security Council of the United Nations.
“weapons” shall have the same meaning as defined in regulation 2 of Legal Notice 17 of 1995 as amended by Legal Notices 201 of 2001, 312 of 2002 and 425 of
2007.

Citation.

Interpretation. Cap. 365.

L.N. 17 of 1995

.

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Text of Resolution

1970 (2011).

Prohibition of sale of arms, etc.

Prohibition of procurement of arms, etc.

( a ) a r m s a n d r e l a t e d m a t e r i a l o f a l l t y p e s , including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned;
(b) technical assistance, training, financial or other assistance, related to military activities or the provision, m a i n t e n a n c e o r u s e o f a n y a r m s a n d r e l a t e d m a t e r i a l , including the provision of armed mercenary personnel whether or not originating in Malta.
(2) The measures imposed by sub-regulation (1) of this regulation shall not apply to:
( a ) t h e s u p p l y o f n o n - l e t h a l m i l i t a r y e q u i p m e n t intended solely for humanitarian or protective use, and related technical assistance or training, as approved by the Committee; or
(b) protective clothing, including flak jackets and military helmets, temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personnel use only; or
(c) other sales or supply of arms and related material, or provision of assistance or personnel, as approved in advance by the Committee.

(2) The prohibition in sub-regulation (1) shall not apply to Maltese nationals entering into Malta.
(3) The measures imposed by sub-regulation (1) shall not apply where:
(a) the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation; or
(b) the entry or transit is necessary for the fulfilment of a judicial process or a judicial proceeding; or
(c) the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in the Libyan Arab Jamahiriya and stability in the region; or
(d) on a case-by-case basis it is determined that such entry or transit is required to advance peace and stability in the Libyan Arab Jamahiriya:
Provided that in such case, the Committee is notified of such a determination within a period of 48 hours after it has been made.

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Seizure and disposal

of prohibited arms etc.

Prohibition of entry into or transit through the territory of Malta.

Freezing of funds, assets and economic resources.

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Penalty.

(2) It shall be unlawful for any citizen of Malta or any person in Malta to make available any funds, other financial assets or economic resources to or for the benefit of the individuals or entities listed in Annex II of the Resolution.
(3) The provisions of this regulation do not apply to funds, other financial assets and economic resources that have been determined by the authorities of Malta:
(a) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources:
Provided that the Committee, having been notified of the intention by the Maltese authorities to authorise, where appropriate, access to such funds, other financial assets or economic resources, does not give a negative decision within five working days of such notification; or
(b) to be necessary for extraordinary expenses:
Provided that such determination has been notified by the Maltese authorities to the Committee and has been approved by the Committee; or
(c) to be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets or economic resources may be used to satisfy that lien or judgment:
Provided that such lien or judgement was entered into prior to the 26th February, 2011 and is not for the benefit of a person or entity duly designated pursuant to sub-regulation (1) of this regulation, and that such lien or judgement has been notified by the Maltese authorities to the Committee.

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