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National Interest (Enabling Powers) Act (Cap. 365) United Nations Sanctions (Ivory Coast) Regulations, 2005 (L.N. 38 Of 2005 )

NATIONAL INTEREST (ENABLING POWERS) ACT (CAP. 365)

United Nations Sanctions (Ivory Coast) Regulations, 2005

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

Citation and

applicability.

1. (1) The title of these regulations is the United Nations

Sanctions (Ivory Coast) Regulations, 2005.

(2) Other than the other provisions of these regulations –

and

(a) regulation 4 is applicable till the 15th December, 2005<

(b) regulations 5 and 6 are applicable till the 15th November,

2005.

Interpretation.

2. In these regulations, unless the context otherwise requires - “the Act” means the National Interest (Enabling Powers) Act<

“the Agreements” means the Linas-Marcoussis Agreement signed by the Ivoirian political forces in Linas-Marcoussis on the

24th January, 2003, and the Accra III Agreement signed in Accra on the 30th July, 2004<

“the Committee” means the Committee of the Security Council of the United Nations consisting of all the members of the said Council to undertake the tasks set out in paragraph 14 of the Resolution<

“Ivory Coast” is the state of Côte díIvoire<

“the Resolution” means the resolution referred to in regulation

3 hereof<

“UNOCI” means the United Nations Operation in Côte díIvoire.

3. For the purpose of article 3 (4) of the Act, Resolution number

1572 (2004) adopted by the Security Council of the United Nations on the 15th November, 2004 is published in the English language in the Schedule to these regulations.

4. (1) The direct or indirect supply, sale or transfer to Ivory Coast, from Malta or by citizens of Malta, or using their flag vessels or aircraft, of arms or any related materiel, in particular military aircraft and equipment, whether or not originating from Malta, and the provision of any assistance, advice or training related to military activities, is prohibited.

(2) The measures imposed by sub-regulation (1) hereof shall not apply to>-

(a) supplies and technical assistance intended solely for the support of or use by UNOCI and the French forces who support them<

(b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as approved in advance by the Committee<

(c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Ivory Coast by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only<

(d) supplies temporarily exported to Ivory Coast to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Ivory Coast, as notified in advance to the Committee<

(e) supplies of arms and related materiel and technical training and assistance intended solely for support of or use in the process of restructuring defence and security forces pursuant to the Agreements, as approved in advance by the Committee.

5. No persons designated by the Committee as -

(a) constituting a threat to the peace and national reconciliation process in Ivory Coast, in particular those persons who block the implementation of the Agreements<

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Text of Resolution

1572 (2004).

Prohibition of supply

of military material.

Entry or transit into Malta

of human rights violators, etc.

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Freezing of funds and assets.

(b) responsible for serious violations of human rights and international humanitarian law in Ivory Coast on the basis of relevant information<

(c) publicly inciting hatred and violence< or

(d) being in violation of measures imposed by regulation 4 hereof,

may enter into or transit through Malta>

Provided that nothing in this sub-regulation shall oblige Malta from refusing entry into its territory to any of its own citizens.

(2) The measures imposed by sub-regulation (1) hereof shall not apply where the Committee determines that such travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would further the objectives of the Council’s resolutions, for peace and national reconciliation in Ivory Coast and stability in the region.

6. (1) Any funds, other financial assets and economic resources which are in Malta and which are owned or controlled directly or indirectly by the persons designated by the Committee pursuant to regulation 5 (1) hereof, or that are held by entities owned or controlled directly or indirectly by any persons acting on their behalf or at their direction, as designated by the Committee, shall be immediately frozen.

(2) Such funds, financial assets or economic resources shall be prevented from being made available by any person in Malta to or for the benefit of such persons or entities.

(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, or fees or service charges for the routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a negative

decision by the Committee the foregoing shall be effected within two working days of such notification<

(b) to be necessary for extraordinary expenses, provided that such determination has been notified to the Committee and has been approved by the Committee< or

(c) to be the subject of a judicial, administrative or arbitral lien, or of a judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement>

Provided that such lien or judgement was entered prior to the date of the Resolution, that they are not for the benefit of a person referred to in sub-regulation (1) hereof or an individual or entity identified by the Committee, and that they have been notified to the Committee.

7. Any person found guilty of an offence against these regulations shall, on conviction, be liable to a fine (multa) not exceeding fifty thousand Maltese liri.

Penalty.

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SCHEDULE

(Regulation 3)

The Security Council,

Recalling its resolution 1528 (2004) of 27 February 2004, as well as the relevant statements of its President, in particular those of 6 November 2004 (S/PRST/2004/42) and of 5 August 2004 (S/PRST/2004/29),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,

Recalling that it endorsed the agreement signed by the Ivoirian political forces in Linas-Marcoussis on 24 January 2003 (S/2003/99) (the Linas-Marcoussis Agreement) approved by the Conference of Heads of States on Côte d’Ivoire, held in Paris on 25 and 26 January 2003, and the Agreement signed in Accra on 30 July

2004 (Accra III Agreement),

Deploring the resumption of hostilities in Côte d’Ivoire and the repeated violations of the ceasefire agreement of 3 May 2003,

Deeply concerned by the humanitarian situation in Côte d’Ivoire, in particular in the northern part of the country, and by the use of the media, in particular radio and television broadcasts, to incite hatred and violence against foreigners in Côte d’Ivoire,

Recalling strongly the obligations of all Ivoirian parties, the Government of Côte d’Ivoire as well as the Forces Nouvelles, to refrain from any violence against civilians, including against foreign citizens, and to cooperate fully with the activities of the United Nations Operation in Côte d’Ivoire (UNOCI),

Welcoming the ongoing efforts of the Secretary-General, the African Union and the Economic Community of Western African States (ECOWAS) towards re- establishing peace and stability in Côte d’Ivoire,

Determining that the situation in Côte d’Ivoire continues to pose a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

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d’Ivoire (FANCI) which constitute flagrant violations of the ceasefire agreement of
3 May 2003 and demands that all Ivoirian parties to the conflict, the Government of
Côte d’Ivoire as well as Forces nouvelles, fully comply with the ceasefire;
2. Reiterates its full support for the action undertaken by UNOCI and French forces in accordance with their mandate under resolution 1528 (2004) and with the statement of its President of 6 November 2004 (S/PRST/2004/42);
3. Emphasizes again that there can be no military solution to the crisis and that the full implementation of the Linas-Marcoussis and Accra III Agreements remains the only way to resolve the crisis persisting in the country;
4. Urges as a consequence the President of the Republic of Côte d’Ivoire, the heads of all the Ivoirian political parties and the leaders of the Forces Nouvelles immediately to begin resolutely implementing all the commitments they have made under these agreements;
5. Expresses its full support for the efforts of the Secretary-General, the African Union and ECOWAS and encourages them to continue these efforts in order to relaunch the peace process in Côte d’Ivoire;
6. Demands that the Ivoirian authorities stop all radio and television broadcasting inciting hatred, intolerance and violence, requests UNOCI to strengthen its monitoring role in this regard, and urges the Government of Côte d’Ivoire and the Forces nouvelles to take all necessary measures to ensure the security and the safety of civilian persons, including foreign nationals and their property;
7. Decides that all States shall, for a period of thirteen months from the date of adoption of this resolution, take the necessary measures to prevent the direct or indirect supply, sale or transfer to Côte d’Ivoire, from their territories or by their nationals, or using their flag vessels or aircraft, of arms or any related materiel, in particular military aircraft and equipment, whether or not originating in their territories, as well as the provision of any assistance, advice or training related to military activities;
8. Decides that the measures imposed by paragraph 7 above shall not apply
to:
(a) supplies and technical assistance intended solely for the support of or use
by UNOCI and the French forces who support them,
(b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as approved in advance by the Committee established by paragraph 14 below,
(c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only,
(d) supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular

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responsibility in Côte d’Ivoire, as notified in advance to the Committee established by paragraph 14 below,
(e) supplies of arms and related materiel and technical training and assistance intended solely for support of or use in the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas- Marcoussis Agreement, as approved in advance by the Committee established by paragraph 14 below;
9. Decides that all States shall take the necessary measures, for a period of twelve months, to prevent the entry into or transit through their territories of all persons designated by the Committee established by paragraph 14 below, who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire on the basis of relevant information, any other person who incites publicly hatred and violence, and any other person determined by the Committee to be in violation of measures imposed by paragraph 7 above, provided that nothing in this paragraph shall oblige a State to refuse entry into its territory to its own nationals;
10. Decides that the measures imposed by paragraph 9 shall not apply where the Committee established by paragraph 14 below determines that such travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would further the objectives of the Council’s resolutions, for peace and national reconciliation in Côte d’Ivoire and stability in the region;
11. Decides that all States shall, for the same period of twelve months, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of adoption of this resolution or at any time thereafter, owned or controlled directly or indirectly by the persons designated pursuant to paragraph 9 above by the Committee established by paragraph 14 below, or that are held by entities owned or controlled directly or indirectly by any persons acting on their behalf or at their direction, as designated by the Committee, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons within their territories, to or for the benefit of such persons or entities;
12. Decides that the provisions of paragraph 11 do not apply to funds, other financial assets and economic resources that:
(a) have been determined by relevant States 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, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee established by paragraph 14 below of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification,

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(b) have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or
(c) have been determined by relevant States to be subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement: was entered prior to the date of the present resolution, is not for the benefit of a person referred to in paragraph 11 above or an individual or entity identified by the Committee, and has been notified by the relevant States to the Committee;
13. Decides that, at the end of a period of 13 months from the date of adoption of this resolution, the Security Council shall review the measures imposed by paragraphs 7, 9 and 11 above, in the light of progress accomplished in the peace and national reconciliation process in Côte d’Ivoire as defined by the Linas- Marcoussis and Accra III Agreements, and expresses its readiness to consider the modification or termination of these measures before the aforesaid period of 13 months only if the Linas-Marcoussis and Accra III Agreements have been fully implemented;
14. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (the Committee), to undertake the following tasks:
(a) to designate the individuals and entities subject to the measures imposed by paragraphs 9 and 11 above, and to update this list regularly,
(b) to seek from all States concerned, and particularly those in the region, information regarding the actions taken by them to implement the measures imposed by paragraphs 7, 9 and 11 above, and whatever further information it may consider useful, including by providing them with an opportunity to send representatives to meet the Committee to discuss in more detail any relevant issues,
(c) to consider and decide upon requests for the exemptions set out in paragraphs 8, 10 and 12 above,
(d) to make relevant information publicly available through appropriate media, including the list of persons referred to in subparagraph (a) above,
(e) to promulgate guidelines as may be necessary to facilitate the implementation of the measures imposed by paragraphs 11 and 12 above,
(f) to present regular reports to the Council on its work, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 7, 9 and 11 above;
15. Requests all States concerned, in particular those in the region, to report to the Committee, within ninety days from the date of adoption of this resolution, on the actions they have taken to implement the measures imposed by paragraphs 7, 9 and 11 above, and authorizes the Committee to request whatever further information it may consider necessary;
16. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties, to cooperate fully with the Committee, in

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particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 7, 9 and 11 above;
17. Expresses its determination to consider without delay further steps to ensure the effective monitoring and implementation of the measures imposed by paragraphs 7, 9 and 11 above, in particular the establishment of a panel of experts;
18. Requests the Secretary-General to submit a report to the Council by
15 March 2005, drawing on information from all relevant sources, including the Government of National Reconciliation in Côte d’Ivoire, UNOCI, ECOWAS and the African Union, on progress made towards the goals described in paragraph 13 above;
19. Decides that the measures imposed by paragraphs 9 and 11 above shall enter into force on 15 December 2004, unless the Security Council shall determine before then that the signatories of the Linas-Marcoussis and Accra III Agreements have implemented all their commitments under the Accra III Agreement and are embarked towards full implementation of the Linas-Marcoussis Agreement;
20. Decides to remain actively seized of the matter.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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