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.

 
 
Mali Sanctions : Latest LIstings by the UN Security Council

On 10 July 2019, the Security Council Committee established pursuant to resolution 2374 (2017) concerning Mali approved the addition of the entries specified below to its Sanctions List of individuals subject to the travel ban as set out in paragraphs 1 to 3 of Security Council resolution 2374 (2017) and renewed by paragraph 1 of resolution 2432 (2018) and adopted under Chapter VII of the Charter of the United Nations. Please see the listings in the following link:

https://www.un.org/press/en/2019/sc13878.doc.htm


 Restrictive Measures Against Venezuela

 Council Implementing Regulation (EU) 2019/1169 of 8 July 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/?uri=uriserv:OJ.L_.2019.183.01.0009.01.ENG&toc=OJ:L:2019:183:TOC

 Updating the statement of reasons for three persons listed in Annex IV to Regulation (EU) 2017/2063 and including the gender of all persons listed in that Annex in the identifying information.

Council Decision (CFSP) 2019/1171 of 8 July 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.183.01.0009.01.ENG&toc=OJ:L:2019:183:TOC

Updating the statement of reasons for three persons listed in Annex I to Decision (CFSP) 2017/2074 and including the gender of all persons listed in that Annex in the identifying information.



 
Russia Restrictive Measures

Council Decision (CFSP) 2019/1108 of 27 June 2019 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine.

 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.175.01.0038.01.ENG&toc=OJ:L:2019:175:TOC

 Following  review of Decision 2014/512/CFSP,  the measures are renewed until 31 January 2020.


 Restrictive measures against DPRK

Commission Implementing Regulation (EU) 2019/1083 of 21 June 2019 amending Council Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.171.01.0008.01.ENG&toc=OJ:L:2019:171:TOC


An amendment to identify the goods and technology included in parts VI, VII, VIII and IX of Annex II 

of Regulation (EU) 2017/1509 and the related categories in Council Regulation No 428/2009.

 

Ukraine Restrictive Measures

 Council Decision (CFSP) 2019/1018 of 20 June 2019 amending Decision 2014/386/CFSP 

concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol.

 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:165:TOC

 Following a review of Decision 2014/386/CFSP, the restrictive measures are renewed until 23 June 2020.


 

Maldives Restrictive Measures

Council Regulation 2019/985 of 17 June 2019 repealing Regulation (EU) 2018/1001 concerning restrictive measures in view of the situation in the Republic of Maldives.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.160.01.0001.01.ENG&toc=OJ:L:2019:160:TO

Council Decision (CFSP) 2019/993 of 17 June 2019 repealing Decision (CFSP) 2018/1006 concerning restrictive measures in view of the situation in the Republic of Maldives.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.160.01.0025.01.ENG&toc=OJ:L:2019:160:TOC

On 16 July 2018, the Council adopted Decision (CFSP) 2018/1006  concerning restrictive measures in view of the situation in the Republic of Maldives. That Decision provided, inter alia, for the freezing of funds and economic resources of certain persons, entities or bodies responsible for undermining the rule of law or obstructing an inclusive political solution in the Republic of Maldives, as well as persons and entities responsible for serious human rights violations or abuses in the Republic of Maldives. Council Regulation (EU) 2018/1001 gives effect to the measures provided for in Decision (CFSP) 2018/1006. Further to a review of these measures in light of its objectives and of the current situation in the Republic of Maldives, the Council has decided to lift the restrictive measures in place.



 Iran Restrictive Measures

 

Council Implementing Regulation (EU) 2019/855 of 27 May 2019 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran.

 

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.140.01.0001.01.ENG&toc=OJ:L:2019:140:TOC

Updating the entries for 17 listings included in Annex IX to Regulation (EU) No 267/2012.

 

Council Decision (CFSP) 2019/870 of 27 May 2019 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.140.01.0090.01.ENG&toc=OJ:L:2019:140:TOC

Updating the entries for 17 listings included in Annex II to Decision 2010/413/CFSP.


 

Al Qaeda Restrictive Measures:

 

Commission Implementing Regulation (EU) 2019/850 of 24 May 2019 amending for the 303rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations.

 

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.139.01.0008.01.ENG&toc=OJ:L:2019:139:TOC

 

On 21 May 2019, the Sanctions Committee of the United Nations Security Council removed one entry from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply:

 

The following entry under the heading ‘Natural persons’ is deleted: ‘Mazen Salah Mohammed (alias (a) Mazen Ali Hussein, (b) Issa Salah Muhamad). Date of birth: (a) 1.1.1982, (b) 1.1.1980. Place of birth: Baghdad, Iraq. Nationality: Iraqi. Passport No: German travel document (“Reiseausweis”) A 0144378 (revoked as at Sep.2012). Address: 94051 Hauzenberg, Germany. Date of designation referred to in Article 2a(4)(b): 6.12.2005.’

 


 

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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 European 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.​​​​​​​​​​​​​​​​​​​​​​