Cap. 365 Art. 3Power of the Minister to make regulations.

(1) Whenever the Security Council, acting under Article forty-one of Chapter VII of the Charter, calls upon member states of the United Nations to apply any measures to give effect to any decision of the said Security Council (being measures not involving the use of armed force under Article 42 of the Charter), or whenever an entity or competent authority appointed or set up by or under the Charter advices, recommends, directs or orders member states of the United Nations to take such action as may be advised, recommended, directed or ordered by that entity or competent authority, the Minister may, subject to the provisions of sub-article

(4) of this article, make regulations as appear to him necessary or expedient for the implementation of such measures or action.

(2) Whenever the House of Representatives ratifies or authorises the ratification of an international treaty or whenever such ratification or authorisation is made or given by an Act of Parliament, the Minister may, subject to the provisions of sub-article (4) of this article, make regulations as appear to him to be necessary or expedient to give effect to any of the provisions of that treaty or to give effect to any advice, recommendation, direction or order of any entity or competent authority appointed or set up by or under any such international treaty and any such regulations shall contain the text of the Resolution of the House of Representatives ratifying or authorising the ratification of that treaty or shall contain a reference to the Act of Parliament by which the ratification is made or authorisation given, as the case may be.

(3) Whenever the Minister considers that the national or international interests of Malta so require, he may by regulations under this Act, order the prohibition of trade with other countries, either in general or with any country or countries or part thereof, or the prohibition of travel to and from any country or countries or part thereof, as may be stated in the regulations.

(4) (a) Whenever the Minister considers that the national or international interests of Malta so require, he shall, on the recommendation of the Sanctions Monitoring Board and of the Attorney

General, by regulations under this Act, order -

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

(i) the designation of any person or entity;

(ii) that any natural or legal person in Malta immediately freeze, without prior notice, all property of a designated person or entity or of any other persons or entities as may be indicated in the order;

(iii) that any natural or legal person in Malta immediately freeze, without prior notice, all property that is owned or controlled, whether wholly or jointly, directly or indirectly, by a designated person or entity; or property that is derived or generated from other funds or assets that are owned or controlled, directly or indirectly, by a designated person or entity; and property of any person or entity acting on behalf of or at the direction of a designated person or entity;

(iv) that no Maltese citizen or any person or entity located in Malta shall make available any property or financial services or other related services, directly or indirectly, wholly or jointly, to or for the benefit of a designated person or entity; or an entity owned or controlled, directly or indirectly, by a designated person or entity; or a person or entity acting on behalf of, or at the direction of, a designated person or entity, unless licensed, authorised or notified for such purpose;

(v) the investigation of any matter relating to the designation of any person or entity, the confiscation of property of any designated person or entity and the applicability, or otherwise of mutatis mutandis, any provisions of any other law including but not limited to the Criminal Code, the Dangerous

Drugs Ordinance, the Medical and Kindred

Professions Ordinance and the Prevention of

Money Laundering Act in respect of the property of a designated person or entity, or of a person or entity who is subject to an investigation which may lead to the designation of that person or entity; or

(vi) the amendment or revocation of any order made under sub-paragraphs (i), (ii), (iii), (iv) and (v) as may be stated in the regulations: Provided that the Minister shall publish the regulations within a reasonable time from when the Sanctions Monitoring Board and the Attorney General as the case may be have made their recommendation for the publication of the regulations.

(b) Nothing shall preclude the application of the measures referred to in this Act with respect to organizations or factions in any country or countries or part thereof, as may be stated in the regulations.

(c) For purposes of this Act:

"person" shall include a body or association of persons, whether corporate or incorporate; and

"property" shall mean assets, including but not limited to financial assets, economic resource, including oil and other natural resources, property of every kind, whether tangible or intangible, moveable or immoveable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, and any interest, dividends, or other income on or value accruing from or generated by such funds or other assets, and any other assets which potentially may be used to obtain funds, goods or services.

(5) Regulations made under this Act may be made applicable to persons in Malta, persons resident in Malta, to citizens of Malta wherever they may be or to vessels, aircraft or other means of transport registered in or belonging to Malta or travelling to or from such countries as the Minister may in the regulations determine.

(6) Regulations made under this Act may also provide for such measures as may be necessary for such regulations to be effectively applied including the cancellation or the suspension of any obligation arising under any agreement, and without prejudice of the foregoing such regulations may provide for the apprehension, trial and punishment of persons offending against such regulations.

(7) Without prejudice to the provisions of the foregoing sub-articles of this article the Minister may make regulations to give effect to any provisions of this Act and such regulations may also provide for any matter which is incidental, ancillary or consequential thereto.