Cap. 365 Art. 7Sanctions Monitoring Board, composition and functions.

(1) There shall be a Sanctions Monitoring Board having the functions set out in this Act.

(2) The Sanctions Monitoring Board shall be composed of a representative of the Ministry for Foreign Affairs who shall be

Chairman, the Attorney General or his representative, the Commissioner of Police or his representative, a representative of the Office of the Prime Minister, a representative of the Financial Intelligence Analysis Unit, a representative of the Malta Security Service, a representative of the Ministry responsible for home affairs, a representative of the Ministry responsible for defence, a representative of the Ministry responsible for finance, a representative of the Ministry responsible for the economy, a representative of the Trade Department, a representative of the Customs Department, a representative of the Central Bank of Malta, a representative of the Malta Financial Services Authority, a representative of the Ministry responsible for maritime affairs, a representative of the Ministry responsible for aviation matters, a representative of the Ministry responsible for lands and a representative of the Ministry responsible for immigration matters.

(3) A Deputy Chairman shall be appointed by the Minister from among the members of the Board.

(4) There shall be a Secretary to the Board appointed from among serving officers of the Ministry for Foreign Affairs, on the advice of the Chairman. The Secretary shall take the minutes of Board meetings.

(5) (a) The Board shall have the function to:

(i) monitor the implementation and operation of sanctions imposed by regulations made under this Act, Regulations of the Council of the European Union and United Nations Security Council Resolutions and, where applicable, to harmonise practice thereon with that followed by other states;

(ii) propose persons or entities to be designated by the United Nations Security Council, or by the Council of the European Union or for a designation by order under article 3(4)(a);

(iii) propose the delisting of any designated person or entity, by the United Nations Security Council or by the Council of the European Union or by order under article 3(4)(a), or the unfreezing of property of any person or entity which property was frozen in accordance with the provisions of this Act;

(iv) receive and consider applications from designated persons or entities for delisting, 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 make recommendations in accordance with paragraph (iii); and

(v) authorize 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.

(b) The Board shall, in the exercise of its functions, have the power to take decisions, make recommendations, grant authorisations, issue rulings, issue guidance and notices, and refer to the relevant authorities for action, assistance or information.

(c) The Board shall have such other functions as may be assigned to it by the Prime Minister, by regulations made under this Act.

(6) The Board shall at the end of each year, or earlier if so requested, make a report of its activities to the Prime Minister and to the Minister responsible for foreign affairs.