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National Interest (Enabling Powers) Act (Cap. 365) United Nations Sanctions (Liberia) (Amendment) Regulations, 2003. (L.N. 236 Of 2003 )

IN exercise of the powers conferred by article 3(1) of the National Interest (Enabling Powers) Act, the Prime Minister has made the following regulations>–
1. The title of these regulations is the United Nations Sanctions (Liberia) (Amendment) Regulations, 2003, and they shall be read and construed as one with the United Nations Sanctions (Liberia) Regulations, 2001, hereinafter referred to as “the principal regulations”.
2. In regulation 3 of the principal regulations, immediately after sub-regulation (2) there shall be added the following new sub- regulation>–
“(3) For the purposes of subarticle (4) of article 3 of the Act, Resolution 1478 (2003) adopted by the Security Council of the United Nations on the 6th May, 2003, is being published in Schedule 1478 (2003) to these regulations.”.
3. In regulation 7 of the principal regulations, immediately after the words “from the 7th May, 2002” there shall be added the words “, and there shall further now apply the provisions of Resolution 1478 (2003) adopted by the Security Council of the United Nations on the
6th May, 2003 by means of which the measures imposed by the said paragraphs 5, 6 and 7 shall remain in force for a further period of 12
months from the 7th May, 2003.”.
4. Immediately after regulation 7 of the principal regulations there shall be added the following new regulation>–
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Citation.

L.N. 153 of 2001

. Amends regulation

3 of the principal regulations.

Amends regulation

7 of the principal regulations.

Adds new regulation 8

to the principal regulations.

“Importation of timber products.

8. (1) Notwithstanding the provisions of any other law, the importation into Malta of all round logs and timber products originating in Liberia, is prohibited.
(2) For the purposes of paragraph 9 (b) of Resolution 1478 (2003), sub-regulation (1) hereof shall be in force up till the 6th May, 2004.”.
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Adds new

Schedule

1478#2003 to the principal regulations.

9. Immediately after SCHEDULE 1408 (2002) there shall be added the new SCHEDULE 1478 (2003) as follows>–
“SCHEDULE 1478 (2003)
Resolution 1478 (2003)
Adopted by the Security Council at its 4751st meeting, on 6 May 2003

The Security Council,

Recalling its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June

1998, 1306 (2000) of 5 July 2000, 1343 (2001) of 7 March 2001, 1385 (2001) of 19
December 2001, 1395 (2002) of 27 February 2002, 1400 (2002) of 28 March 2002,
1408 (2002) of 6 May 2002, 1458 (2003) of 28 January 2003, 1467 (2003) of 18
March 2003 and its other resolutions and statements of its President on the situation in the region,

Taking note of the Secretary-General’s report of 22 April 2003 (S#2003#466),

Taking note of the reports of the United Nations Panel of Experts on Liberia dated 25 October 2002 (S#2002#1115) and 24 April 2003 (S#2003#498) submitted pursuant to paragraph 16 of resolution 1408 (2002) and paragraph 4 of resolution 1458 (2003) respectively,

Expressing serious concern at the findings of the Panel of Experts about the actions of the Government of Liberia and the LURD and other armed rebel groups, including the evidence that the Government of Liberia continues to breach the measures imposed by resolution 1343 (2001), particularly through the acquisition of arms,

Welcoming General Assembly Resolution A#Res#57#302 of 15 April 2003, and Security Council resolution 1459 (2003), welcoming the launch of the Kimberley Process on 1 January 2003, and recalling its concern at the role played by the illicit trade in diamonds in the conflict in the region,

Welcoming the continued efforts of the Economic Community of West African States (ECOWAS) and the International Contact Group on Liberia to work towards the restoration of peace and stability in the region, particularly the appointment of former President Abubakar of Nigeria as a mediator in the conflict in Liberia,

Noting the positive effects of the Rabat Process on peace and security in the subregion, and encouraging all countries of the Mano River Union to reinvigorate the Rabat Process with further meetings and renewed cooperation,

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Encouraging civil society initiatives in the region, including those of the Mano River Union Women’s Peace Network, to continue their contribution towards regional peace,

Welcoming the summit meeting between the Presidents of Liberia and Côte d’Ivoire held in Togo on 26 April 2003, and encouraging them to continue dialogue,

Calling on all States, in particular the Government of Liberia, to cooperate fully with the Special Court for Sierra Leone,

Recalling the ECOWAS Moratorium on the Importation, Exportation and

Manufacture of Small Arms and Light Weapons in West Africa adopted in Abuja on
31 October 1998 (S#1998#1194, annex), and its extension from 5 July 2001 (S#2001#700),

Deeply concerned by the deteriorating humanitarian situation and widespread human rights violations in Liberia, and by the serious instability in Liberia and neighbouring countries, including Côte d’Ivoire,

Determining that the active support provided by the Government of Liberia to armed rebel groups in the region, including to rebels in Côte d’Ivoire and former Revolutionary United Front (RUF) combatants who continue to destabilize the region, constitutes a threat to international peace and security in the region,

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

1. Decides that the Government of Liberia has not complied fully with the demands in resolution 1343 (2001)<
2. Notes with concern that the new aircraft registry updated by the Government of Liberia in response to the demand in paragraph 2 (e) of resolution 1343 (2001) remains inactive<
3. Stresses that the demands referred to in paragraph 1 above are intended to help consolidate and assure peace and stability in Sierra Leone and to build and strengthen peaceful relations among the countries of the region<
4. Calls upon all States in the region, particularly the Government of Liberia, to participate actively in all regional peace initiatives, particularly those of ECOWAS, the International Contact Group, the Mano River Union and the Rabat Process, and expresses its strong support for these initiatives<
5. Calls upon the Government of Liberia and the LURD to enter without delay into bilateral ceasefire negotiations under the auspices of ECOWAS and the mediation of former President Abubakar of Nigeria<
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6. Stresses its readiness to grant exemptions from the measures imposed by paragraph 7 (a) of resolution 1343 (2001) in cases of travel which would assist in the peaceful resolution of the conflict in the subregion<
7. Welcomes the Government of Liberia’s agreement to the revised mandate of the United Nations Office in Liberia and calls on the Government to respond constructively to the Council’s statement of 13 December 2002 (S#PRST#2002#36)<
8. Calls upon the Government of Liberia and all parties, particularly the LURD and other armed rebel groups, to ensure unimpeded and safe movement for the personnel of United Nations humanitarian agencies and non-governmental organizations, to end the use of child soldiers and to prevent sexual violence and torture<
9. Reiterates its demand that all States in the region cease military support for armed groups in neighbouring countries, take action to prevent armed individuals and groups from using their territory to prepare and commit attacks on neighbouring countries and refrain from any actions that might contribute to further destabilization of the situation in the region, and declares its readiness to consider, if necessary, ways of promoting compliance with this demand<
10. Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001) shall remain in force for a further period of 12 months from 00>01 Eastern Daylight Time on 7 May 2003, and that, before the end of this period, the Council will decide whether the Government of Liberia has complied with the demands referred to in paragraph 1 above, and, accordingly, whether to extend these measures for a further period with the same conditions<
11. Recalls that the measures imposed by paragraph 5 of resolution 1343 (2001) apply to all sales or supply of arms and related materiel to any recipient in Liberia, including all non-State actors, such as Liberians United for Reconciliation and Democracy (LURD)<
12. Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001) and by paragraph 17 below shall be terminated immediately if the Council, taking into account, inter alia, the reports of the Panel of Experts referred to in paragraph
25 below and of the Secretary-General referred to in paragraph 20 below, inputs from
ECOWAS, any relevant information provided by the Committee established pursuant to paragraph 14 of resolution 1343 (2001) (“the Committee”) and the Committee established pursuant to resolution 1132 (1997) and any other relevant information, particularly the conclusions of its forthcoming mission to West Africa, determines that the Government of Liberia has complied with the demands referred to in paragraph 1 above<
13. Reiterates its call upon the Government of Liberia to establish an effective Certificate of Origin regime for Liberian rough diamonds that is transparent, internationally verifiable and fully compatible with the Kimberley Process, and to provide the Committee with a detailed description of the proposed regime<
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14. Notwithstanding paragraph 15 of resolution 1343 (2001), decides that rough diamonds controlled by the Government of Liberia through the Certificate of Origin regime shall be exempt from the measures imposed by paragraph 6 of resolution 1343 (2001) when the Committee has reported to the Council, taking into account expert advice obtained through the Secretary-General, that an effective and internationally verifiable regime is ready to become fully operational and to be properly implemented<
15. Calls again upon States, relevant international organizations and other bodies in a position to do so to offer assistance to the Government of Liberia and other diamond exporting countries in West Africa with their Certificate of Origin regimes<
16. Considers that the audits commissioned by the Government of Liberia pursuant to paragraph 10 of resolution 1408 (2002) do not demonstrate that the revenue derived by the Government of Liberia from the Liberia Ship and Corporate Registry and the Liberian timber industry is used for legitimate social, humanitarian and development purposes, and is not used in violation of resolution 1408 (2002)<
17. Decides that
(a) all States shall take the necessary measures to prevent, for a period of 10 months, the import into their territories of all round logs and timber products originating in Liberia<
(b) these measures shall come into force at 00>01 Eastern Daylight Time on 7
July 2003, unless the Council decides otherwise<
(c) at the end of this period of 10 months, the Council will decide whether the Government of Liberia has complied with the demands referred to in paragraph 1 above, and, accordingly, whether to extend these measures for a further period with the same conditions<
18. Decides to consider by 7 September 2003 how best to minimize any humanitarian or socio-economic impact of the measures imposed by paragraph 17 above, including the possibility of allowing timber exports to resume in order to fund humanitarian programmes, taking into account the recommendations of the expert panel requested in paragraph 25 below and the assessment of the Secretary- General requested in paragraph 19 below<
19. Requests the Secretary-General to submit a report to the Council by 7 August
2003 on the possible humanitarian or socio-economic impact of the measures imposed by paragraph 17 above<
20. Requests the Secretary-General to submit a report to the Council by 21
October 2003 and thereafter at six-monthly intervals from that date, drawing on information from all relevant sources, including the United Nations Office in Liberia, the United Nations Mission in Sierra Leone (UNAMSIL) and ECOWAS, on whether
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Liberia has complied with the demands referred to in paragraph 1 above, and calls on the Government of Liberia to support United Nations efforts to verify all information on compliance which is brought to the United Nations notice<
21. Invites ECOWAS to report regularly to the Committee on all activities undertaken by its members pursuant to paragraphs 10 and 17 above and in the implementation of this resolution, particularly on the implementation of the ECOWAS Moratorium on small arms and light weapons referred to in the preamble of this resolution<
22. Calls on States of the subregion to strengthen the measures they have taken to combat the spread of small arms and light weapons and mercenary activities and to improve the effectiveness of the ECOWAS Moratorium, and urges States in a position to do so to provide assistance to ECOWAS to this end<
23. Calls on all parties to conflicts in the region to include disarmament, demobilization and reintegration provisions in peace agreements<
24. Requests the Committee to carry out the tasks set out in this resolution and to continue with its mandate as set out in paragraph 14 (a)-(h) of resolution 1343 (2001) and in resolution 1408 (2002)<
25. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in consultation with the Committee, for a period of five months, a Panel of Experts consisting of up to six members, with the range of expertise necessary to fulfil the Panel’s mandate described in this paragraph, drawing as much as possible and as appropriate on the expertise of the members of the Panel of Experts established pursuant to resolution 1458 (2003), to undertake the following tasks>
(a) to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the Government of Liberia’s compliance with the demands referred to in paragraph 1 above, and on any violations of the measures referred to in paragraphs 10 and 17 above, including any involving rebel movements<
(b) to investigate whether any revenues of the Government of Liberia are used in violation of this resolution, with particular emphasis on the effect on the Liberian populace of any possible diversion of funds from civilian purposes<
(c) to assess the possible humanitarian and socio-economic impact of the measures imposed by paragraph 17 above and to make recommendations to the Council through the Committee by 7 August 2003 on how to minimize any such impact<
(d) to report to the Council through the Committee no later than 7 October 2003 with observations and recommendations, particularly on how to improve the effectiveness of implementing and monitoring the measures referred to in paragraph 5
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of resolution 1343 (2001), including any recommendations pertinent to paragraphs 28 and 29 below,
and further requests the Secretary-General to provide the necessary resources<
26. Requests the Panel of Experts referred to in paragraph 25 above, as far as possible, to bring any relevant information collected in the course of its investigations conducted in accordance with its mandate to the attention of the States concerned for prompt and thorough investigation and, where appropriate, corrective action, and to allow them the right of reply<
27. Calls upon all States to take appropriate measures to ensure that individuals and companies in their jurisdiction, in particular those referred to in the reports of the Panel of Experts established pursuant to resolutions 1343 (2001), 1395 (2002), 1408 (2002) and 1458 (2003), act in conformity with United Nations embargoes, in particular those established by resolutions 1171 (1998), 1306 (2000) and 1343 (2001), and, as appropriate, to take the necessary judicial and administrative action to end any illegal activities by those individuals and companies<
28. Decides that all States shall take the necessary measures to prevent entry into or transit through their territories of any individuals, including from the LURD or other armed rebel groups, determined by the Committee, taking account of information provided by the Panel of Experts and other relevant sources, to be in violation of paragraph 5 of resolution 1343 (2001), provided that nothing in this paragraph shall oblige a State to refuse entry into its territory by its own nationals<
29. Requests the Committee to establish, maintain and update, taking account of information provided by the Panel of Experts and other relevant sources, a list of air and maritime companies whose aircraft and vessels have been used in violation of paragraph 5 of resolution 1343 (2001)<
30. Calls on all member States of ECOWAS to cooperate fully with the Panel of Experts in the identification of such aircraft and vessels, and in particular to inform the Panel about any transit on their territory of aircraft and vessels suspected of being used in violation of paragraph 5 of resolution 1343 (2001)<
31. Asks the Government of Liberia to authorize the Approach and Control Unit at Robertsfield International Airport to provide regularly to the Flight Information Region in Conakry statistical data related to aircraft listed pursuant to paragraph 29 above<
32. Decides to conduct reviews of the measures referred to in paragraphs 10 and 17 above before 7 November 2003, and every six months thereafter<
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33. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and all interested parties to cooperate fully with the Committee and Panel of Experts referred to in paragraph 25 above, including by supplying information on possible violations of the measures referred to in paragraphs 10 and 17 above<
34. Decides to remain actively seized of the matter.

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