Cap. 653 · National Interest (Enabling Powers) Act (Cap. 653)
Cap. 653 Art. 4Domestic restrictive measures and power of the Minister to make regulations. Cap. 9. Cap. 101. Cap. 31. Cap. 373.
(1) Whenever the Security Council, acting in accordance with Article 41 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, provided that they are 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 advises, recommends, directs or orders Member States of the United Nations to take such action as may be advised, recommended, directed or ordered by such entity or competent authority, the Minister may, subject to the provisions of sub-article (4), make regulations as he may deem necessary or expedient for the implementation of such measures or action.
(2) Whenever the House 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), make regulations as he may deem necessary or expedient to give effect to any of the provisions of such 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 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, impose a trade embargo 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 Board, issue regulations under this Act to impose domestic restrictive measures against any person, entity or body and, orders:
(i) that any person, entity or body immediately freeze, without prior notice, all funds and, or economic resources of a designated person, entity or body;
(ii) that any person, entity or body immediately freeze, without prior notice, all funds and economic resources that are owned or controlled, whether wholly or jointly, directly or indirectly, by a designated person, entity or body, or funds and economic resources that are derived or generated from other funds or economic resources that are owned or controlled, directly or indirectly, by a designated person, entity or body, and funds and economic resources of any person, entity or body acting on behalf of or at the direction of a designated person, entity or body;
(iii) that no Maltese citizen or any person, entity or body located in Malta shall make available any funds, economic resources or other related services, directly or indirectly, wholly or jointly, to or for the benefit of a designated person, entity or body or a legal person owned or controlled, directly or indirectly, by a designated person, entity or body, or a natural person or legal person acting on behalf of, or at the direction of, a designated person, entity or body unless licensed or authorised for such purpose;
(iv) the investigation of any matter relating to the designation of any person, entity or body, the confiscation of funds and economic resources of any designated person, entity or body and the applicability, mutatis mutandis, or otherwise of 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 frozen funds and economic resources of a designated person, entity or body, or of a person, entity or body which are subject to an investigation which may lead to the designation of such person, entity or body; or
(v) the amendment or revocation of any measure made under sub-paragraphs (i), (ii), (iii) and (iv) as may be determined in the regulations:
Provided that the Minister shall publish the regulations within a reasonable time from when the Board has made its recommendation for the publication of the regulations in the Gazette:
Provided further that an appeal from a measure issued under this sub-article can be filed by means of an application in the First Hall Civil Court.
(b) Nothing shall preclude the application of the restrictive measures referred to in this Act with respect to organizations or factions in any country or countries or part thereof, as may be determined in the regulations.
(5) Regulations made under this Act may also provide for such measures as may be necessary for the said regulations to be effectively applied including the cancellation or the suspension of any obligation arising under any agreement, and without prejudice to the foregoing, such regulations may provide for the apprehension, trial and punishment of natural persons breaching such regulations.
(6) Without prejudice to the provisions of the foregoing sub-articles, 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.
Verweist auf
- Cap. 653 Art. 41
- Cap. 653 Art. 42