Cap. 653 Art. 15Sanctions Monitoring Board.

(1) There shall be a board to be known as the "Sanctions

Monitoring Board".

(2) The Board shall be composed of the following members:

(a) a representative of the Ministry responsible for foreign affairs who shall be the Chairperson;

(b) the Attorney General or his representative;

(c) the State Advocate or his representative;

(d) the Commissioner of Police or his representative;

(e) a representative of the Office of the Prime Minister;

(f) a representative of the Financial Intelligence Analysis Unit;

(g) a representative of the Malta Security Service;

(h) a representative of the Ministry responsible for home affairs;

(i) a representative of the Ministry responsible for defence;

(j) a representative of the Ministry responsible for finance;

(k) a representative of the Ministry responsible for the economy;

(l) a representative of the Commerce Department;

(m) a representative of the Malta Tax and Customs Administration;

(n) a representative of the Central Bank of Malta;

(o) a representative of the Malta Financial Services Authority;

(p) a representative of the Ministry responsible for maritime affairs;

(q) a representative of the Ministry responsible for aviation matters;

(r) a representative of the Ministry responsible for lands;

(s) a representative of the Ministry responsible for the public registry;

(t) a representative of the Ministry responsible for immigration, citizenship and residency matters;

(u) the Registrar of Companies and Registrar for Legal Persons or his representative;

(v) a representative of the Office of the Commissioner for Voluntary Organisations; and

(w) a representative of the Malta Gaming Authority.

(3) There shall be a Secretary to the Board appointed from among officers of the Ministry responsible for foreign affairs, on the advice of the Chairperson. The Secretary shall be responsible for recording the minutes of all Board meetings.

(4) In its day-to-day functions, the Board shall be assisted by a designated Directorate within the Ministry responsible for foreign affairs. The Directorate shall act on the direction of the Board and its officers may be delegated by the Board to act on its behalf and in its name to carry out anything that may be necessary to ensure the proper exercise of any functions, powers or obligations entrusted or imposed on the Board, including exercising any rights to access registers, databases or other compilation of records vested or otherwise entrusted to the Board and carry out searches within the same.

(5) (a) The functions of the Board include:

(i) monitor the implementation of restrictive measures imposed by regulations made under this Act, European Union restrictive measures, restrictive measures adopted by United Nations Security Council Resolutions and domestic restrictive measures;

(ii) propose persons, entities or bodies to be designated by the United Nations Security Council, or by the Council of the European Union or domestic restrictive measures;

(iii) propose the delisting of any designated person, entity or body, by the United Nations Security Council or by the Council of the European Union or domestic restrictive measures, or the unfreezing of funds or economic resources of any natural person or legal person which funds or economic resources were frozen in accordance with the provisions of this Act;

(iv) receive and consider applications from designated persons, entities or bodies for de-listing, or unfreezing of funds or economic resources, where the criteria for designation or freezing are not satisfied, or are no longer satisfied, and from persons, entities or bodies who have been erroneously or inadvertently designated, and make recommendations in accordance with sub-paragraph (iii);

(v) authorise access to frozen funds, economic resources 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;

(vi) ensuring coordination and cooperation between law enforcement authorities and authorities in charge of implementation;

(vii) ensure common priorities and understanding of the relationship between criminal and administrative enforcement;

(viii) exchange information for strategic purposes, within the limits established in applicable Union and national law;

(ix) consult in individual investigations, within the limits set out in the applicable Union and national law;

(x) monitor and enforce the obligations referred to in articles 32 and 33;

(xi) have the authority to appoint temporary administrators in accordance with article 34;

(b) the Board shall, in the exercise of its functions, have the power to take decisions, make recommendations, grant or deny authorisations, issue rulings, declarations and notices, monitor and evaluate compliance with restrictive measures, impose administrative penalties, conduct inspections, including on-site and off-site examinations in accordance with the internal policies and procedures of the Board, and refer to the relevant authorities for action, assistance or information;

(c) the Board may issue procedures and guidance as may be required for the carrying into effect of the provisions of this Act, and which shall be binding on all persons to whom they are addressed;

(d) the Board may, whenever it deems necessary, engage one or more persons, whom it considers to be in possession of suitable expertise or may provide legal counsel, to assist it in carrying out of specific tasks requiring such expertise and for this purpose, the Board may impose such conditions as it considers necessary;

(e) 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.