Cap. 653 Art. 9Offences.

(1) Where it is intentional, the following breach of a prohibition of European Union restrictive measures or restrictive measures adopted by United Nations Security Council Resolution or domestic restrictive measures shall constitute a criminal offence under this Act:

(a) making funds or economic resources available directly or indirectly to, or for the benefit of, a designated person, entity or body;

(b) failing to freeze funds or economic resources belonging to or owned, held or controlled by a designated person, entity or body;

(c) enabling designated natural persons to enter into, or transit through the territory of Malta;

(d) entering into or continuing transactions with a third State, bodies of a third State or entities or bodies directly or indirectly owned or controlled by a third State or by bodies of a third State, including the award or continued execution of public or concession contracts;

(e) trading, importing, exporting, selling, purchasing, transferring, transiting or transporting goods, as well as providing brokering services, technical assistance or other services relating to those goods:

Provided this shall constitute an offence, even if committed with gross negligence;

(f) providing financial services or performing financial activities;

(g) providing services other than those referred to in paragraph (f);

(h) circumventing European Union Restrictive Measures or restrictive measures adopted by United Nations Security Council Resolutions or domestic restrictive measures by:

(i) using, transferring to a third party, or otherwise disposing of, funds or economic resources directly or indirectly owned, held, or controlled by a designated person, entity or body, which are to be frozen pursuant to European Union restrictive measures or restrictive measures adopted by United Nations Security Council Resolutions or domestic restrictive measures, in order to conceal those funds or economic resources;

(ii) providing false or misleading information to conceal the fact that a designated person, entity or body is the ultimate beneficial owner or beneficiary of funds or economic resources or has control over the said funds or economic resources which are to be frozen pursuant to European Union restrictive measures or restrictive measures adopted by United Nations Security Council Resolutions or domestic restrictive measures;

(iii) failure by a designated natural person, or by a representative of a designated entity or body, to comply with an obligation that constitutes European Union restrictive measures or restrictive measures adopted by United Nations Security Council Resolutions or domestic restrictive measures to report to the Board funds or economic resources within the jurisdiction of Malta, belonging to, owned, held, or controlled by them;

(iv) failing to comply with an obligation that constitutes a European Union restrictive measure or a restrictive measure adopted by United Nations Security Council resolution or domestic restrictive measures to provide the Board with information on funds or economic resources or information held about funds or economic resources within the territory of Malta, belonging to, owned, held or controlled by designated persons, entities or bodies and which have not been frozen, where such information was obtained in the performance of a professional duty;

(i) breaching or failing to fulfil conditions under authorisations granted by the Board to conduct activities, which in the absence of such an authorisation amount to a violation of a prohibition or restriction that constitutes European Union restrictive measures or restrictive measures adopted by United Nations Security Council Resolution or domestic restrictive measures.

(2) The following conduct does not constitute a criminal offence and is deemed to be an administrative failure subject to the procedure established in accordance with article 14:

(a) conduct listed in sub-article (1)(a), (b) and (h) where that conduct involves funds or economic resources of a value of less than ten thousand euro (€10,000);

(b) conduct listed in sub-article (1)(d), (e), (f), (g) and (i) where that conduct involves goods, services, transactions or activities of a value of less than ten thousand euro (€10,000):

Provided that in determining whether the ten thousand euro (€10,000) threshold is met or otherwise with regards to the conduct referred to in paragraphs (a), (b), and (d) to (i) regard shall be had to any series of conduct that is linked and of the same kind committed by the same offender.

(3) Nothing in sub-article (1) shall be understood as imposing an obligation on legal professionals to report information that they receive from, or obtain on, one of their clients in the course of ascertaining the legal position of such client or performing the task of defending or representing that client in, or concerning, judicial proceedings, including providing advice on instituting or avoiding such proceedings.

(4) Nothing in sub-articles (1) and (2) shall be understood as criminalising humanitarian assistance for persons in need or activities in support of basic human needs provided in accordance with the principles of impartiality, humanity, neutrality and independence and, where applicable, with international humanitarian law.