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SMB: Updates to Applicable Sanctions

24 Jan 2023 12:00 | Malta Institute of Accountants (Administrator)


Iran Regime

Council Implementing Regulation (EU) 2023/152 of 23 January 2023 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

On 12 April 2011, the Council adopted Regulation (EU) No 359/2011. On 25 September 2022, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union deploring the widespread and disproportionate use of force by the Iranian security forces against non-violent protestors, noting that it had resulted in the loss of lives as well as a large number of injuries.

In this context, and in line with the Union’s commitment to address all issues of concern with Iran, including the human rights situation, 18 persons and 19 entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 359/2011. Regulation (EU) No 359/2011 has therefore been amended accordingly.

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Somalia Regime

• Council Regulation (EU) 2023/154 of 23 January 2023 amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

On 17 November 2022, the United Nations Security Council adopted Resolution (UNSCR) 2662 (2022). On 23 January 2023, the Council adopted Decision (CFSP) 2023/160 (3), which amends Decision 2010/231/CFSP in accordance with UNSCR 2662 (2022). Some of those amendments fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, notably with a view to ensuring their uniform application by economic operators in all Member States. Regulation (EC) No 147/2003 has therefore been amended accordingly.

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• Council Regulation (EU) 2023/154 of 23 January 2023 amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

Council Regulation (EU) No 356/2010 (2) gives effect to measures provided for in Decision 2010/231/CFSP. On 17 November 2022, the United Nations Security Council adopted Resolution (UNSCR) 2662 (2022), which notably expands the designation criteria guiding the determination of persons and entities subject to restrictive measures. Council Decision (CFSP) 2023/160 (3) amended Decision 2010/231/CFSP in order to reflect the changes in UNSCR 2662 (2022). Those measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. Regulation (EU) No 356/2010 has therefore been amended accordingly.

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Tunisia Regime

• Council Implementing Regulation (EU) 2023/156 of 23 January 2023 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia

On 4 February 2011, the Council adopted Regulation (EU) No 101/2011. On the basis of a review, the information in Annex I to that Regulation regarding the statements of reasons and the identifying information should be amended for five persons, and the identifying information should be updated for four other persons. Annex I to Regulation No (EU) 101/2011 should therefore be amended accordingly,

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Please be reminded that all EU/UN sanctions are directly applicable under Maltese law under the National Interest (Enabling Powers) Act, cap 365 of the Laws of Malta as linked here.

Should any of your clients be a person or entity who is listed under UN/EU or national sanctions or who is directly or indirectly owned or controlled by a listed person or entity, the freezing measures mentioned under Article 17 of the Act apply.

The Sanctions Monitoring Board is to be informed immediately of the actions that have been taken in relation to the assets of such listed persons.

The Sanctions Monitoring Board may be contacted on sanctions.mfet@gov.mt on any issue relating to sanctions.


Please find below links to the:

EU Financial Sanctions Database

Consolidated UN Sanctions List

EU Sanctions Map

Sanctions Monitoring Board

               

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