Sanctions Monitoring Board

Latest UN/EU/National sanctions

 
To subscribe to the SMB notifications with the latest UN/EU/National sanctions, please send an email to sanctions.mftp@gov.mt.

ISIL (DA’ESH) AND AL-QAIDA Sanction Regime

COUNCIL IMPLEMENTING REGULATION (EU) 2019/1943 of 25 November 2019 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them ST/13672/2019/INIT and COUNCIL DECISION (CFSP) 2019/1944 of 25 November 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them ST/13670/2019/INIT

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.LI.2019.303.01.0001.01.ENG&toc=OJ:L:2019:303I:TOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.LI.2019.303.01.0003.01.ENG&toc=OJ:L:2019:303I:TOC

In light of the enduring threat posed by ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them, one individual has been added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) 2016/1686. The new insertion is as follows:

       GUILLAUME PIROTTE; Date of birth: 7 June 1994; Place of birth: Grasse (France); Nationality: French

A provision stipulating that the Council and High Representative may process personal data in order to carry their tasks has also been added to Decision (CFSP) 2016/1693. 

 
ISIL (Da’esh) and AL-QAEDA Sanctions Regime

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1883 of 8 November 2019 amending for the 307th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations

On 5 November 2019, the Sanctions Committee of the United Nations Security Council decided to delete one entry in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply:

Mourad Ben Ali Ben Al-Basheer Al-Trabelsi (alias (a) Aboue Chiba Brahim, (b) Arouri Taoufik, (c) Ben Salah Adnan, (d) Sassi Adel, (e) Salam Kamel, (f) Salah Adnan, (g) Arouri Faisel, (h) Bentaib Amour, (i) Adnan Salah, (j) Hasnaoui Mellit, (k) Arouri Taoufik ben Taieb, (l) Abouechiba Brahim, (m) Farid Arouri, (n) Ben Magid, (o) Maci Ssassi, (p) Salah ben Anan, (q) Hasnaui Mellit. Address: Libya Street Number 9, Manzil Tmim, Nabeul, Tunisia. Date of birth: (a) 20.5.1969, (b) 2.9.1966, (c) 2.9.1964, (d) 2.4.1966, (e) 2.2.1963, (f) 4.2.1965, (g) 2.3.1965, (h) 9.2.1965, (i) 1.4.1966, (j) 1972, (k) 9.2.1964, (l) 2.6.1964, (m) 2.6.1966, (n) 2.6.1972. Place of birth: (a) Manzil Tmim, Tunisia; (b) Libya; (c) Tunisia; (d) Algeria; (e) Morocco; (f) Lebanon. Nationality: Tunisian. Passport No: (a) G827238 (Tunisian passport issued on 1.6.1996 which expired on 31.5.2001), (b) 05093588 (National identification). Other information: Mother's name is Mabrukah al-Yazidi. Date of designation referred to in Article 7d(2)(i): 12.11.2003.

Venezuela Sanctions Regime

COUNCIL REGULATION (EU) 2019/1889 of 11 November 2019 amending Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, COUNCIL DECISION (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and COUNCIL IMPLEMENTING REGULATION (EU) 2019/1891 of 11 November 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1889&from=EN

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019D1893&from=EN

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1891&from=EN

For the implementation of Regulation (EU) 2017/2063, and in order to ensure maximum legal certainty within the Union, the names of and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are frozen in accordance with that Regulation should be made public. Any processing of personal data must comply with Regulations (EU) 2016/679 ( 4 ) and (EU) 2018/1725 ( 5 ) of the European Parliament and of the Council. The council, The Commission and the High Representative, may therefore process personal data in order to fulfill their tasks under this Regulation.

Certain entries in the list found in Annex IV to Regulation (EU) 2017/2063 were reviewed and the information concerning eight persons has also been amended.

The application of the Council Decision imposing these restrictive measures has also been extended until 14 November 2020.

Eastern Mediterranean Sanctions Regime

Council ​Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean and Council Decision (CFSP) 2019/1894 of 11 November 2019 concerning restrictive measures in view of Turkey's unauthorised drilling activities in the Eastern Mediterranean

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.291.01.0003.01.ENG&toc=OJ:L:2019:291:TOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.291.01.0047.01.ENG&toc=OJ:L:2019:291:TOC

These restrictive measures provide for the freezing of funds and economic resources of certain persons, entities or bodies responsible for or involved in, including by planning, preparing, for example by means of seismic surveys, participating in, directing, or assisting, drilling activities in relation to hydrocarbon exploration and production, or hydrocarbon extraction resulting from such activities, or providing financial, technical or material support for such activities, which have not been authorised by the Republic of Cyprus, within its territorial sea or in its exclusive economic zone or on its continental shelf, as well as of persons associated with them. No natural or legal persons have  been listed under this regime so far.

Iraq Sanctions Regime


Commission Implementing Regulation (EU) 2019/1853 of 5 November 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.285.01.0007.01.ENG&toc=OJ:L:2019:285:TOC

On 30 October 2019, the Sanctions Committee of the United Nations Security Council decided to remove two entries from the list of persons or entities to whom the freezing of funds and economic resources should apply. The deleted entities are:

  1. STATE ORGANISATION FOR IRRIGATION PROJECTS (alias GENERAL ESTABLISHMENT FOR IRRIGATION PROJECTS). Addresses: (a) Northgate, Karanteena, P.O. Box 148, Baghdad, Iraq; (b) Al-Muadham, near Engineering College, P.O. Box 14186, Baghdad, Iraq; and
  2. STATE ORGANISATION FOR LAND RECLAMATION (alias (a) GENERAL ESTABLISHMENT FOR PLANTATION AND DEVELOPMENT OF THE RECLAIMED LANDS, (b) GENERAL ESTABLISHMENT FOR EXECUTION OF LAND RECLAMATION CONTRACTS, (c) GENERAL ESTABLISHMENT FOR LAND RECLAMATION OF CENTRAL AND NORTHERN AREAS, (d) GENERAL ESTABLISHMENT FOR LAND RECLAMATION OF SOUTHERN AREAS). Addresses: (a) Amiriya, Abu Gharib, P.O. Box 6161, Baghdad, Iraq; (b) P.O. Box 6061, Aamrlya 7, Nisan, Iraq; (c) P.O. Box 609, Al-Sadoon St., Baghdad, Iraq; (d) P.O. Box 27, Wasit Province, Kut, Iraq.

Burundi Sanctions Regime

Council Implementing Regulation (EU) 2019/1779 implementing Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi, Council Regulation (EU) 2019/1777 amending regulation (EU 2015/1755 concerning restrictive measures in view of the situation in Burundi and Council Decision (CFSP) 2019/1788 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1572269553986&uri=CELEX:32019R1779

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1572269600843&uri=CELEX:32019R1777

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1572269620270&uri=CELEX:32019D1788

In order to maximize the effectiveness of Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi, the names of and other relevant data concerning natural legal persons, entities and bodies whose funds and economic resources are frozen in accordance with that Regulation should be made public. For this reason, the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy may process personal data including information related to criminal convictions or security measures concerning such persons. Any processing of personal data is done in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council. 

Extending the application of the restrictive measures until 31 October 2020 and  adding the following natural person: 

GODEFROID BIZIMANA (DOB: 23.4.1968)

 

Republic of Guinea Sanctions Regime

Council Regulation (EU) 2019/1778 amending Regulation (EU) No 1284/2009 imposing certain restrictive measures in respect of the Republic of Guinea and COUNCIL DECISION (CFSP) 2019/1790 of 24 October 2019 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.272.01.0003.01.ENG&toc=OJ:L:2019:272:TOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.272.01.0152.01.ENG&toc=OJ:L:2019:272:TOC

The application of Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea has been extended until 27 October 2020.

In order to maximize the effectiveness of Regulation (EU) 1284/2009 imposing certain specific restrictive measures in respect of the Republic Of Guinea, the names of and other relevant data concerning natural legal persons, entities and bodies whose funds and economic resources are frozen in accordance with that Regulation should be made public. For this reason, the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy may process personal data including information related to criminal convictions or security measures concerning such persons. Any processing of personal data is done in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council.

 

Republic of Moldova Sanctions Regime

Council Regulation (EU) 2019/1789 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.272.01.0150.01.ENG&toc=OJ:L:2019:272:TOC

The application of Decision 2010/573/CFSP has been extended until 31 October 2020.

In order to maximize the effectiveness of Decision 2010/573/CFSP, the names of and other relevant data concerning natural legal persons, entities and bodies whose funds and economic resources are frozen in accordance with that Regulation should be made public. For this reason, the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy may process personal data including information related to criminal convictions or security measures concerning such persons.


 
Central African Republic Sanctions Regime

Council Regulation (EU) 2019/1735 of 17 October 2019 amending Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

Council Decision (CFSP) 2019/1737 of 17 October 2019 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

On 12 September 2019 the United Nations Security Council (UNSC) amended the exceptions to the arms embargo against the Central African Republic (CAR). The restrictive measures against the CAR now include a derogation so that non-lethal military equipment can be supplied to the CAR for humanitarian or protective use. However, Member States would need to notify the Sanctions Committee at least 20 days before the sale, supply or transfer of the military equipment.

 
 

ISIL (Da’esh) and AL-QAEDA Sanctions Regime

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2019:264:FULL&from=EN

Commission Implementing Regulation (EU) 2019/1731 of 16 October 2019 amending for the 306th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations has implemented a minor change in the identifying data for a designated natural person. The amendment is as follows:

ANJEM CHOUDARY (alias Abu Luqman). Date of birth: 18.1.1967. Place of birth: Welling, London, United Kingdom. Address: Frankland Prison, United Kingdom. Nationality: British. Passport no: 516384722 (UK Passport issued by Passport Office Glasgow on 6.5.2013, expires on 6.6.2023). Date of designation referred to in Article 7d(2)(i): 15.10.2018.’ is replaced by the following: 

‘ANJEM CHOUDARY (alias Abu Luqman). Date of birth: 18.1.1967. Place of birth: Welling, London, United Kingdom. Address: London, United Kingdom. Nationality: British. Passport no: 516384722 (UK Passport issued by Passport Office Glasgow on 6.5.2013, expires on 6.6.2023). Other information: Pledged allegiance to Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaida in Iraq in July 2014. Imprisoned in the United Kingdom in September 2014 and subsequently released on licence in October 2018 which expires in July 2021. Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Date of designation referred to in Article 7d(2)(i): 15.10.2018.


 

Nicaragua Restrictive Measures

Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua and Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua

The Council Decision and corresponding EU Regulation have set up a framework to enable the imposition of restrictive measures against persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua. These restrictive measures include :

 

  • Restrictions on entry of listed persons
  • Freezing of assets owned, held or controlled by persons or entities listed
  • Prohibition against the satisfaction of claims, the performance of which has been affected in any manner by the measures imposed under this Council Decision

No persons, groups, undertakings or entities have been listed in relation to this restrictive measure so far.

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571140879139&uri=CELEX:32019D1720

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571143462691&uri=CELEX:32019R1716

 

ISIL (Da’esh) and AL-QAEDA Sanctions Regime

 

Extending the application of the restrictive measures contained in Article 2(2) and Article 3(3) and (4) of Decision (CFSP) 2016/1693 until 31 October 2020 and removing one person from the Annex to Decision (CFSP) 2016/1693 as follows:

FABIEN CLAIN (A.K.A. OMAR)

https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:32019D1721&qid=1571141538309&rid=1

 

Chemical Weapons Sanctions Regime

Extending the application of the measures contained in Decision (CFSP) 2018/1544 until 16 October 2020.

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571141612210&uri=CELEX:32019D1722

 

Restrictive Measures Against Libya

Council Decision (CFSP) 2019/1663 of 1 October 2019 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

Extending the measures referred to in Article 8(2) with regard to entries 14,15 and 16 in Annex II and the measures referred to in Article 9(2) with regard to entries 19,20 and 21 in Annex IV  i.e. the three spoilers until 2 April 2020.

 The three spoilers are :

SALEH ISSA GWAIDER, Agila

GHWELL, Khalifa a.k.a. AL GHWEIL, Khalifa, AL-GHAWAIL, Khalifa

ABU SAHMAIN, Nuri a.k.a. BOSAMIN, Nori, BO SAMIN, Nuri

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.252.01.0036.01.ENG&toc=OJ:L:2019:252:FULL


 



 


 

 

 
 

 

 

 
​​​​​​​​​​
Legislation

 

Sanctions in Malta are governed by the National Interest (Enabling Powers) Act, Cap 365 of the Laws of Malta and their application is monitored by the Sanctions Monitoring Board.

 


 

The 2018 Amendments to the National Interest (Enabling Powers) Act

 

Amendments enacted to The National Interest (Enabling Powers) Act in 2018on 30 May 2018 provide for the direct applicability into Maltese law of the sanctions issued by the United Nations Security Council and the sanctions imposed by the Council of the European Union. These measures are immediately binding in their entirety in Malta upon their enactment and are part and parcel of Maltese law. Given that upon the issuance of new sanctions by the United Nations Security Council or  by the Council of the E​uropean Union, these become directly applicable under Maltese law, it is incumbent upon all persons in Malta to keep track of developments in sanctions and this may be done by following the following web-links as provided in clause 2 of the National Interest (Enabling Powers) Act as follows:

 

 

  • Link to the Official journal of the European Union in which new restrictive measures are published;

 

http://eur-lex.europa.eu/oj/direct-access.html/

 

 

  • Link to the EEAS web-site which has a consolidated list of listed persons and entities;

 

 

 

  • Link to the UN web-site which has a consolidated list of listed persons and entities;

 

https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list

 

 

  • Link to the press releases page of the United Nations which would document any changes to the different sanctions regime including new additional listings.

 

https://www.un.org/press/en

 


 

The Sanctions Monitoring Board

 

The application of sanctions in Malta are monitored by the Sanctions Monitoring Board which is chaired by the Ministry for Foreign Affairs and Trade Promotion.

 

The Sanctions Monitoring Board is regulated by the National Interest (Enabling Powers) Act and is comprised of eighteen officials, acting collectively and representing the followingMinistries/Authorities:

 

 

  • Ministry for Foreign Affairs and Trade Promotion (Chairman),
  •  
  • Office of the Attorney General;
  •  
  • Financial Intelligence Analysis Unit;
  •  
  • Malta Security Services;
  •  
  • Malta Police;
  •  
  • Office of the Prime Minister;
  •  
  • Ministry for Home Affairs;
  •  
  • Ministry responsible for Defence;
  •  
  • Ministry of Finance;
  •  
  • Ministry responsible for the Economy;
  •  
  • Trade Department;
  •  
  • Customs Department;
  •  
  • Central Bank of Malta;
  •  
  • Malta Financial Services Authority;
  •  
  • Ministry responsible for maritime affairs;
  •  
  • Ministry responsible for aviation matters;
  •  
  • Ministry responsible for lands;
  •  
  • Ministry responsible for immigration matters.

 

 

 


 

Functions of the Sanctions Monitoring Board

 

The functions of the Sanctions Monitoring Board are laid down in the National Interest (Enabling Powers Act). The Board is responsible for the following:

 

 

  • Monitoring of sanctions issued by the Council of the European Union and United Nations Security Council and national sanctions;
  •  
  • Proposing the listing and de-listing of persons and entities to the United Nations Sanctions Committees, the Council of the European Union or through an Order to be issued by the Prime Minister in accordance with article 3(4)(a) of the National Interest (Enabling Powers) Act;
  •  
  • Receiving and considering applications from designated persons or entities for de-listing, or unfreezing of property, where the criteria for designation or freezing are not met, or are no longer met, and from persons or entities who have been erroneously or inadvertently designated, and to make recommendations thereon;
  •  
  • Authorising access to frozen funds or other assets which the Board determines to be necessary for basic expenses, for the payment of reasonable costs and fees for legal, medical, professional or other essential services, or for documented extraordinary expenses;
  •  
  • The Board may also take decisions, make recommendations, grant authorisations, issue rulings, issue guidance and notices, and refer to the relevant authorities for action, assistance or information and have such other functions that may be assigned to it by the Prime Minister, through regulations made under the National Interest (Enabling Powers) Act.

 

 

 


 

Contacting the Sanctions Monitoring Board

 

Any person may send a communication  to the Sanctions Monitoring Board to obtain a ruling on whether any intended action or transaction would fall foul of applicable sanctions, whether EU, UN or domestic sanctions. Such a request for a ruling would ideally be accompanied by an assessment on the part of the enquirer through applicable arguments as to whether such action or transaction is in breach of sanctions.

 

Once the Sanctions Monitoring Board has issued a ruling on a particular issue, this would need to be followed. No liability can attach to a  person  who has acted in conformity with a ruling of the Board.

 

Once the Board has issued a ruling, an enquirer may send a request for reconsideration on the part of the Board, provided new facts previously not made available to the Board are presented with the request for reconsideration.

 

The Board may be contacted through the following email address;

 

Sanctions.mftp@gov.mt

 

Or in writing through the following address:

 

The Chairman

Sanctions Monitoring Board

Ministry of Foreign Affairs and Trade Promotion

Palazzo Parisio

Merchants Street,

Valletta.


 

 

The National Listing Procedure

 

Clause 3(4) of the National Interest (Enabling Powers) Act grants the Prime Minister  the power to order any of the following:

 

 

  • the designation of any person or entity;
  • the immediate freezing of property of designated persons and entities and/ or of any other persons or entities as may be indicated in the order;
  • the immediate freezing of all property that is owned or controlled, whether wholly or jointly, directly or indirectly, by designated persons or entities; or of property that is derived or generated from funds or other assets owned or controlled, directly or indirectly, by designated persons or entities; or of property of persons and entities acting on behalf of or at the direction of designated persons or entities;
  • prohibiting any person or entity from making available any funds or other assets, economic resources or financial or other related services, directly or indirectly, wholly or jointly, to or for the benefit of designated persons or entities; entities owned or controlled, directly or indirectly, by designated persons or entities; and persons or entities acting on behalf of, or at the direction of, designated persons or entities, unless licensed, authorised or notified for such purpose;
  • the investigation of any matter relating to the listing of any person;
  • the confiscation of property of any listed person and
  • the applicability mutatis mutandis of the provision of any other law in respect of the assets of a listed person or of a person who is subject to an investigation and which may lead to that person’s listing; 
  • the revocation of any such aforementioned orders;

 

 

 

 

 


 

Penalties for Breach of Sanctions

 

Any person or entity found guilty of a breach of sanctions by a Court of Law will incur penalties in accordance with the National Interest (Enabling Powers) Act. Criminal proceedings are initiated by the Commissioner of Police and in case guilt is determined, the following penalties are applicable:

For individuals : a term of imprisonment from a minimum of twelve (12) months to a maximum of twelve (12) years; and/or a  fine of not less than twenty-five thousand euros (€25,000) and not exceeding five million euros (€5,000,000).

 

For entities a fine of not less than eighty thousand euros (€80,000) and not exceeding ten million euros (€10,000,000) for corporations;

 


 

Corporate Liability

 

There is corporate liability when sanctions are breached by an entity following the lack of supervision or control of an officer of the company (as listed in Article 121D of the Criminal Code) for the benefit of the body corporate;

 

The Courts may take any action against an offending body corporate, including the suspension or cancellation of a licence; temporary or permanent closure of the establishment; compulsory winding up of the body corporate; and exclusion from entitlement to public benefits or aid;

 

Moreover, where an offence is committed by a body corporate, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such body corporate, shall be guilty of an offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

 


 

Jurisdiction of the Maltese Courts

 

The National Interest (Enabling Powers Act) expands the jurisdiction of the Maltese Courts, over and above the provisions of article 5 of the Criminal Code, to cover the following situations:

 

 

  • Where only part of the action giving rise to the offence is committed in Malta;
 
  • Where the person committing the violation is a Maltese national or habitual resident in Malta;
 
  • Where the offence was committed for the benefit of a body corporate registered in Malta;
 
  • Where the gain from the commission of the offence was received in Malta; and
 
  • Where a person in Malta knowingly assisted or induced another person to commit the offence;

 

 


 

Forfeiture of Goods in Violation of Sanctions

 

The Sanctions Monitoring Board may make recommendations with regards to the disposal of seized goods which are seized and found to be contrary to sanctions. The seizure and disposal of such goods will be made by Customs in accordance with the Customs Ordinance, and on the recommendations made by the Board with regard to their disposal.

 

In giving its recommendation, the Board shall consider  the most economically advantagious option for disposal in full adherence with the laws and regulations in force in Malta. Moreover, this provision applies retroactively, i.e. to all goods which are in Malta at the time of the coming into force of these amendments.

 


 

Procedure for the Listing of Individuals and Entities

 

1.      The Sanctions Monitoring Board will initiate the process for designating individuals or entities whether at UN level, EU level or National level upon its own initiative, or following a report received from the Law Enforcement Authorities or Intelligence Services.

2.      The Sanctions Monitoring Board may also initiate the process for the designation of individuals and entities following the request received by another country accompanied by sufficient and reasonable information making a case for designation.

3.      When the Sanctions Monitoring Board, receives information for the designation of a person or entity, it will, in conjunction with the office of the Attorney General, make an assessment of the applicable sanctions regime and take a decision as to whether the designation is to be made at UN level, EU level or at national level, or concurrently at national and UN/EU level.

4.      The Sanctions Monitoring Board will, in conjunction with the Office of the Attorney General, assess the facts related to the proposed designations and the fulfilment of the applicable sanctions criteria. In this endeavour, the Board will ensure that the facts in their entirety constitute a prima facie reasonable basis for designation. Such proposals for designations are not dependent on any ongoing criminal proceedings.

5.      The Board will conduct the necessary verifications with regard to any moveable and immovable property in Malta belonging to the person that it is to be designated or which are partly owned by him or are otherwise under his control.

6.      The Sanctions Monitoring Board, when proposing persons for listings, is to follow the procedures established by the relevant UN Sanctions Committees/Council of the European Union for the designation of persons and entities and to the particular rules created for the particular sanctions regimes under which such persons will be listed.

7.      In its proposal the Sanctions Monitoring Board will indicate whether the status of a designating person may be made known.

8.      In the case of national sanctions issued under clause 3(4) of the National Interest (Enabling Powers) Act, a notification in this regard is to be circulated among members of the Sanctions Monitoring Board for circulation to financial institutions and relevant stakeholders. Moreover a specific notification of the national Order will be issued on this web-page

 


 

Proposed Listings to another Country

 

When proposing listings to another country, the Sanctions Monitoring Board will ensure that sufficient information is provided which will constitute a prima facie reasonable basis for designation by that country.

 


 

Petitions submitted by Individuals and Entities concerning a UN Listing

 

1.      Individuals and entities that do not or no longer meet the designation criteria established by the UN sanction regime and who would like to petition the UN Sanctions Committee, must follow the procedure established by the UN Committee pertaining to the sanctions regime in question as laid down in the Committee’s guidelines. This can be either by applying through the State or his nationality or residence, which will in turn submit an application to the Sanctions Committee on behalf of the petitioner; or by petitioning the Focal Point for Delisting directly or in the case of the Al Qaeda sanction list, the application must be submitted to the Office of the Ombudsperson of the UN which shall receive requests from individuals, groups and entities seeking to be removed from the UN Sanctions Consolidated List, in accordance with the procedures in annex II of UNSCR resolution 1904(2009),1989 (2011), and 2083 (2012) to accept de-listing petitions

2.      Should the UN Committee Guidelines allow for a petition to be brought forward by the State, a petitioner who is a designated Maltese national or foreign national who is resident in Malta may submit an application to this effect to the Sanctions Monitoring Board

3.      The petition may be submitted in writing, enclosing any relevant material on the following address :

The Chairman

Sanctions Monitoring Board

Ministry of Foreign Affairs and Trade Promotion

Palazzo Parisio

Merchants Street,

Valletta.

Additionally a copy of the petition and documents may be sent in writing on  sanctions.mftp@gov.mt .

 


 

Petitions submitted by Individuals and Entities concerning an EU Listing

 

Individuals and entities that are designated by the Council of the European Union, may petition the EU Commission making a case for de-listing on the basis that they no longer satisfy the designation  criteria established by the EU sanction regime. These petitions will be examined on an annual basis prior to the review of designations for every sanctions regime.

 


 

Review of National Listings / Petitions by Persons inadvertently Designated due to a Similar Name

 

1.      A petitioner may submit an application before the First Hall Civil Court in accordance with Clause 4(18) of the National Interest (Enabling Powers) Act requesting the issuance of an order to cancel the designation  made in accordance with Clause 3(4) of the said Act.

2.      A petitioner may also petition the Sanctions Monitoring Board for a review of a designation a made in accordance with Cause 3 (4) of the National Interest (Enabling Powers) Act.

3.      The petition may be submitted in writing, enclosing any relevant material on the following address :

The Chairman

Sanctions Monitoring Board

Ministry of Foreign Affairs and Trade Promotion

Palazzo Parisio

Merchants Street

Valletta

In addition to the above, a copy of the petition and documents may be sent in writing on  sanctions.mftp@gov.mt .

4.      Upon receipt of the Petition, the Sanctions Monitoring Board will, in consultation with the law enforcement and intelligence authorties and the Office of the Attorney General, make an assesment and give a formal reply to the petitioner.

5.      Should the Sanctions Monitoring Board, in consultation with the Attorney General, agree with the petitioner, the Sanctions Monitoring Board will make a case to the Office of the Prime with a recommendation that an order is issued to cancel the designation of the petitioner.

6.      Should the Sanctions Monitoring Board issue a negative reply, the petitioner may submit an appeal to the First Hall Civil Court in accordance with clause 4 (18) of the National Interest (Enabling Powers) Act.

 


 

Applications for the unfreezing of funds or other assets

 

7.      All applications for the unfreezing of funds or other assets which are necessary for basic expenses, payment of certain types of fees, expenses and service charges or extraordinary expenses shall be received by the Sanctions Monitoring Board .

8.      Upon receipt of the application, the Sanctions Monitoring Board will assess the arguments brought forward and in consultation with the Attorney General reach a conclusion allowing or denying the release of frozen funds. The assessment will take into account the conditions referred to the particular sanctions regime to which the designation refers or conditions attached to an Order issued in accordance with article 4 of the National interest Enabling Powers Act.​​​​​​​​​​​​​​​​​​​​​​