Sanctions Monitoring Board

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.


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Terrorism related Listings and De listings


Designations by the Security Council Committee Pursuant to Resolutions 1267,(1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida.


Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida, is tasked, amongst other with overseeing  the implementation of the sanctions measures and the designation of individuals and entities who meet the listing criteria set out in the relevant resolutions. It is also tasked with considering requests for exemptions from the sanctions measures and requests to remove a name from the Al-Qaida Sanctions List

The criteria for adding a name to the ISIL (Da'esh) & Al-Qaida Sanctions List is set out in paragraphs 2 to 4 of resolution 2368 (2017).

 States are required to impose the measures upon Al-Qaida or ISIL (Da'esh) and other individuals, groups, undertakings and entities associated with them[1]. The criteria are:

  • Participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of these groups;
  • Supplying, selling or transferring arms and related materiel to these groups;  
  • Recruiting for; or otherwise supporting acts or activities of Al-Qaida, ISIL, or any cell, affiliate, splinter group or derivative thereof;


The means of financing or support include but are not limited to the use of proceeds derived from crime, including the illicit cultivation, production and trafficking of narcotic drugs and their precursors; 

The Sanctions Monitoring Board is the focal point for the purposes of this Resolution. Upon receipt of a report from law enforcement or intelligence authorities, the Sanctions Monitoring Board shall proceed to submit a proposal for designation to the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), and Al-Qaida, in full compliance with the Committee Guidelines

Guidelines Link :

https://www.un.org/sc/suborg/en/sanctions/1267/committee-guidelines



Requests for Delistings submitted to the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida


A petitioner (an individual, group, undertaking, and/or entity on the ISIL (Da’esh) and AlQaida Sanctions List or their legal representative or estate) may submit a request for delisting to the 1267 Committee and may do so either through the Office of the Ombudsperson or through the Sanctions Monitoring Board which in turn would submit the request to the 1267 Committee in accordance with the Committee’s Guidelines as linked below:

https://www.un.org/sc/suborg/en/sanctions/1267/committee-guidelines

 

The Office of the Ombudsperson shall receive delisting requests submitted by, or on behalf, of a petitioner following the procedures outlined in annex II of resolution 2253 (2015)

Resolution 2253 (2015) link

https://www.un.org/sc/suborg/en/s/res/2253-%282015%29

 

The Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaeda Sanctions Committee


Office of the Ombudsperson
Room DC2-2206
United Nations
New York, NY 10017
United States of America
Tel: +1 212 963 8226
E-mail:
ombudsperson@un.org

 

 

The petition may be sent to the Sanctions Monitoring Board, which will then submit the petition to the 1267 Committee. Individuals entitled to do so are designated Maltese nationals or foreign nationals who are resident in Malta. In the case of entities who would like to petition the Committee, these need to be registered in Malta.

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 .

In submitting the petition to the Office of the Ombudsman, the legal beneficiary will follow the requirements and procedures laid down in annex II of resolution 2253 (2015)

Resolution 2253 (2015) link:

https://www.un.org/sc/suborg/en/s/res/2253-%282015%29



Deceased Individuals and Defunct Entities


A petition to the 1267 Committee to delist a deceased individual or a defunct entity may be submitted either by the Sanctions Monitoring Board. Alternatively, the Office of the Ombudsman may be contacted directly by the legal beneficiary together with all documentation certifying the deceased status of the individual or defunct status or the entity in accordance with the procedures established in the 1267 Guidelines as linked below:

https://www.un.org/sc/suborg/en/sanctions/1267/committee-guidelines

as well as the requirements laid down in annex II of resolution 2253 (2015)

Resolution 2253 (2015) link

https://www.un.org/sc/suborg/en/s/res/2253-%282015%29

 

 

The Sanctions Monitoring Board may be contacted on the following address :

The Chairman

Sanctions Monitoring Board

Ministry of Foreign Affairs and Trade Promotion

Palazzo Parisio

Merchants Street,

Valletta.

 

The Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaeda Sanctions Committee


Office of the Ombudsperson
Room DC2-2206
United Nations
New York, NY 10017
United States of America
Tel: +1 212 963 8226
E-mail:
ombudsperson@un.org

 

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Designations by the Committee of the Security Council established by paragraph 30 of Security Council resolution 1988 (2011) of 17 June 2011 , the 1988 Sanctions Committee.


Mandate of the 1988 Sanctions Committee


The Committee of the Security Council established by paragraph 30 of Security Council resolution 1988 (2011) of 17 June 2011 is tasked with considering listing and delisting requests and proposed updates to the existing information in relation to  the Taliban, and other individuals, groups, undertakings and entities associated with them.

Link to UNSCR 1988 (2011)

http://unscr.com/en/resolutions/doc/1988



Criteria for Designations


The Committee will consider designations of individuals, groups, undertakings, and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan on the basis of the criteria contained in paragraphs 2 and 3 of resolution 2082 (2012). These criteria in relation to the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban are as follows:

(a) Participating in the financing, planning, facilitating, preparing or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of; 

(b) Supplying, selling or transferring arms and related materiel to; 

(c) Recruiting for; or 

(d) Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

The Committee shall consider including new names based on submissions received from Member States in line with paragraph 12 of resolution 2082 (2012). The submission of new listings by Malta under this provision to the 1988 Committee will be in accordance with the rules laid down in the 1988 Committee Guidelines linked hereunder.


Delisting


A petitioner (individual, group, undertaking, and/or entity on the 1988 Sanctions List) can submit a request for delisting to the Focal Point for Delisting in accordance with the 1988 Committee Guidelines (link below).

Alternatively, provided the petitioner is a Maltese national or a person who is resident in Malta, the request for delisting can be submitted to the Sanctions Monitoring Board, which will then submit it to the 1988 Sanctions Committee in accordance with the procedure stated in the 1988 Committee Guidelines.

Link to the 1988 Committee Guidelines

https://www.un.org/sc/suborg/en/sanctions/1988/guidelines


Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006) https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:


Focal Point for De-listing
Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email:
delisting@un.org     

 

The Sanctions Monitoring Board can be contacted 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 .



Deceased Individuals


In order to request the delisting of a deceased individual  who was a Maltese national or was resident in Malta, the legal beneficiary shall submit a request to the Sanctions Monitoring Board for onward transission to the 1988 Sanctions Committee. The request is to be made in accordance with the 1988 Sanctions Committee Guildelines  as linked hereunder:

https://www.un.org/sc/suborg/en/sanctions/1988/guidelines

Alternatively, the deceased individual’s legal beneficiary may submit the request to the Focal Point for Delisting  together with official documentation certifying death.



Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006) https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:

Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email:
delisting@un.org     

 

 

The Sanctions Monitoring Board can be contacted 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.

 

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UN Security Council, Security Council resolution 1373 (2001) [on threats to international peace and security caused by terrorist acts], 28 September 2001


UNSCR 1373 (2001) places an obligation on states to

(a) Prevent and suppress the financing of terrorist acts;

(b) Criminalize the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts;

(c) Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities;

(d) Prohibit their nationals or any persons and entities within their territories from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities owned or controlled, directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such person

In the fulfilment of Malta’s obligations under UNSCR 1373 (2001), the Sanctions Monitoring Board and the Attorney General, acting on their own initiative, or following a report received from the Law Enforcement Authorities or Intelligence Services, may take steps to recommend the listing of individuals and entities through an order issued by clause 3 (4) of the National Interest (Enabling Powers) Act.

Petitioners listed through the above mentioned procedure may make an application before the First Hall Civil Court requesting the cancellation of the order made in accordance with clause 3 (4) . Petitioners may also submit an appeal to the Sanctions Monitoring Board . 

See

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

The same procedure would be applicable in case of de-listing an individual or entity and the application would need to be submitted by the legal beneficiary together with all documentation certifying the deceased status of the individual or defunct status or the entity.


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The Security Council Committee established pursuant to resolution 1718 (2006)- DPRK Non Proliferation related Sanctions .


The mandate of the Committee established pursuant to resolution 1718 (2006), is defined in paragraph 12 of resolution 1718 (2006) and expanded by paragraphs 24 and 25 of resolution 1874 (2009), paragraph 12 of resolution 2087 (2013) and paragraphs 21, 27 and 28 of resolution 2094 (2013).


The Committee decides on a requests for designation of an individual and/or entity referred to in paragraph 8 (d) and/or 8 (e) of resolution 1718 (2006), on the basis of established criteria, when it receives the request for designation and relevant information with respect to that individual or entity. The criteria for designation for individuals and entities is engaging in or providing support for, including through other illicit means, DPRK’s nuclear-related, other weapons of mass destruction-related and ballistic missile/weapons of mass destruction related programmes, or by persons or entities acting on their behalf or at their direction.



UNSCR 1718 (2006)


“8(d) All Member States shall, in accordance with their respective legal processes, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of the adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons or entities designated by the Committee or by the Security Council as being engaged in or providing support for, including through other illicit means, DPRK’s nuclear-related, other weapons of mass destruction-related and ballistic missile related programmes, or by persons or entities acting on their behalf or at their direction, and ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of such persons or entities;


8(e) All Member States shall take the necessary steps to prevent the entry into or transit through their territories of the persons designated by the Committee or by the Security Council as being responsible for, including through supporting or promoting, DPRK policies in relation to the DPRK’s nuclear-related, ballistic missile-related and other weapons of mass destruction-related programmes, together with their family members, provided that nothing in this paragraph shall oblige a state to refuse its own nationals entry into its territory;” 

 

The Sanctions Monitoring Board may propose designations to the 1718 Committee following reports it receives from law enforcement authorities. Please see link Procedure for the Listing of Individuals and Entities.



De-Listing


A petitioner can submit a request for delisting to the Focal Point for Delisting in accordance with the 1718 Sanctions Committee Guidelines (link below).


Alternatively, provided the petitioner is a Maltese national or a person who is resident in Malta, the request for delisting can be submitted to the Sanctions Monitoring Board, which will then submit it to the 1718 Sanctions Committee in accordance with the procedure stated in the 1718 Sanctions  Committee Guidelines.

Link to the 1718 Committee Guidelines

https://www.un.org/sc/suborg/en/sanctions/1718/committee-guidelines


Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006) https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:

Focal Point for De-listing
Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email:
delisting@un.org     

Submissions to the focal point are subject to the procedure as established in resolution 1730 (2006).

http://unscr.com/en/resolutions/1730

 

The Sanctions Monitoring Board can be contacted 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 .



Deceased Individuals


In order to request the delisting of a deceased individual  who was a Maltese national or was resident in Malta, the legal beneficiary shall submit a request to the Sanctions Monitoring Board for onward transission to the 1718 Sanctions Committee. The request is to be made in accordance with the 1718 Sanctions Committee Guildelines  as linked hereunder:

https://www.un.org/sc/suborg/en/sanctions/1988/guidelines


Alternatively, the deceased individual’s legal beneficiary may submit the request to the Focal Point for Delisting  together with official documentation certifying death.


Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006) https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:

Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email:
delisting@un.org     


The Sanctions Monitoring Board can be contacted 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.


Requests for Exemption to the Asset Freeze


Requests from petitioners for the unfreezing of funds or other financial assets or economic resources may be submitted to the Sanctions Monitoring Board for the purposes stated in paragraph  9 of Resolution 1718 (2006)

9(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, 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 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 five working days of such notification;

9(b)  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

9(c)  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 8 (d) above or an individual or entity identified by the Security Council or the Committee, and has been notified by the relevant States to the Committee;’


The Sanctions Monitoring Board may be contacted 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 .


Should the Sanctions Monitoring Board determine that the request is justified on the basis of paragraph 9 of UNSCR 1718 it will send all material to the 1718 Sanctions Committee for its consideration. The request will be made in accordance with the Guidelines of the 1718 Sanctions Committee inked hereunder:

https://www.un.org/sc/suborg/en/sanctions/1718/committee-guidelines



Requests for Exemptions to Travel Restrictions


Requests from petitioners who are listed for exemptions to travel restrictions may be submitted to the Sanctions Monitoring Board for the purposes stated in paragraph  10 of Resolution 1718 (2006),whereupon receipt of such request, the Sanction Monitoring Board will seek the  seek the approval of the 1718 Sanctions Committee. The 1718 Sanctions Committee will consider such requests where such travel is justified on the ground of humanitarian need, including religious obligation or when the 1718 Sanctions Committee determines that the exemption would otherwise further the objectives of UNSCR 1718.

Petitioners may submit a request to the Sanctions Monitoring Board if Malta is the country of nationality, or residence or transit or destination in accordance with the 1718 Sanctions Committee Guildeines as per following link :

https://www.un.org/sc/suborg/en/sanctions/1988/guidelines

 

The Sanctions Monitoring Board may be contacted 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 .


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UNSCR 223 1(2015)


The 2231 List includes the individuals and entities that were specified on the list established and maintained by the Security Council Committee established pursuant to resolution 1737 (2006) as of the date of adoption of resolution 2231 (2015) (20 July 2015).

UNSCR2231 (2015) places an obligation on states that for a period  of eight years after the  JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier, to continue to freeze the funds, other financial assets and economic resources which on their territories on adoption day, and those assets at any time thereafter, that are owned or controlled by the individuals and entities listed by the. Security Council Committee established pursuant to paragraph 18 of UNSCR 1737 (2006).

States are also to freeze the assets and financial resources of those additional individuals and entities that may be designated by the Security Council as:

  • having engaged in, directly associated with or provided support for Iran’s proliferation sensitive nuclear activities undertaken contrary to Iran’s commitments in the JCPOA or the development of nuclear weapons delivery systems, including through the involvement in procurement of prohibited items, goods, equipment, materials and technology; or
  • having assisted designated individuals or entities in evading or acting inconsistently with the JCPOA or the new resolution; or
  • having acted on behalf or at the direction of designated individuals or entities; or having been owned or controlled by designated individuals or entities, including through illicit means.
  • The Security Council Committee established pursuant to paragraph 18 of UNSCR 1737 (2006) may list additional individuals and entities for:
  • having engaged in, directly associated with or provided support for Iran’s proliferation-sensitive nuclear activities undertaken contrary to Iran’s commitments in the JCPOA or the development of nuclear weapon delivery systems, including through the involvement in procurement of prohibited items, goods, equipment, materials and technology specified in Annex B of resolution 2231 (2015);
  • having assisted designated individuals or entities in evading or acting inconsistently with the JCPOA or resolution 2231 (2015);
  • having acted on behalf or at the direction of designated individuals or entities; or
  • having been owned or controlled by designated individuals or entities, including through illicit means.

 

The Sanctions Monitoring Board may propose designations to the Security Council Committee established pursuant to paragraph 18 of UNSCR 1737 following reports it receives from law enforcement authorities. Please see link Procedure for the Listing of Individuals and Entities.



Delistings


Provided the petitioner is a Maltese national or a person who is resident in Malta, the request for delisting can be submitted to the Sanctions Monitoring Board, which will then submit it to the Security Council Committee established pursuant to paragraph 18 of UNSCR 1737.

 

The Sanctions Monitoring Board can be contacted 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 .




[1] Applies to any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL or Al-Qaida, including on the ISIL (Da’esh) & Al-Qaida Sanctions List, shall be eligible for listing;

Address
Ministry for Foreign Affairs and Trade Promotion
Palazzo Parisio
Merchants Street
Valletta, VLT 1171
Malta

Telephone
2124 2191

Fax
2123 6604

Email