UNSC Resolutions 1267 (1999), 1989 (2011) and 2253 (2015)

On 7 March 2022, the Security Council Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) added one entry to its Sanctions List of individuals and entities.

For further information kindly consult the following link.

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.mfea@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

Ukraine Regime

Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

On the basis of a review by the Council, the information in Annex I to that Regulation regarding the rights of defence and the right to effective judicial protection should be updated.

Annex I to Regulation (EU) No 208/2014 should therefore be amended accordingly.

Read more.

Council Decision (CFSP) 2022/376 of 3 March 2022 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

On the basis of a review of Decision 2014/119/CFSP, the application of restrictive measures directed against certain persons, entities and bodies should be extended until 6 March 2023 in respect of three persons, and until 6 September 2022 in respect of four persons. Furthermore, the information in the Annex to Decision 2014/119/CFSP regarding the rights of defence and the right to effective judicial protection, including the fundamental right to have a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law, should be updated. Moreover, the entry for one person – against whom the application of restrictive measures expired on 6 September 2021 – as well as the information regarding his rights of defence and his right to effective judicial protection should be deleted.

Decision 2014/119/CFSP should therefore be amended accordingly.

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UNSC Resolution 1518 (2003) 

On 3 March 2022, the Security Council Committee established pursuant to resolution 1518 (2003) removed seven entries from its Sanctions List of individuals and entities. For further information please kindly consult the following link.

Please be reminded that all EU/UN sanctions are directly applicable under Maltese law (without the need of any further legislation or notification) 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.mftp@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

Belarus Regime

Council Regulation (EU) 2022/355 of 2 March 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus

On 2 March 2022, the Council adopted Decision (CFSP) 2022/356, which expands the scope of the sanctions to implement the conclusions of the European Council of 24 February 2022 following the involvement of Belarus in the unacceptable and illegal Russian military aggression against Ukraine, which under international law qualifies as an act of aggression.

Decision (CFSP) 2022/356 introduces further restrictions related to the trade of goods used for the production or manufacturing of tobacco products, mineral products, potassium chloride (“potash”) products, wood products, cement products, iron and steel products and rubber products. It also prohibits the export to Belarus or for use in Belarus of dual-use goods and technology, exports of goods and technology which might contribute to Belarus’s military, technological, defence and security development, and exports of machinery. Decision (CFSP) 2022/356 also amends certain provisions related to the execution of contracts concluded before 25 June 2021 and the provision of financing, as well as financial and technical assistance, in relation to prohibited goods.

Regulation (EC) No 765/2006 has been amended accordingly.

Read more.

Council Decision (CFSP) 2022/356 of 2 March 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus

In view of the gravity of the situation, and in response to Belarus's involvement in Russia's aggression against Ukraine, it is appropriate to amend the title of Decision 2012/642/CFSP and to introduce further restrictive measures.

In particular, is appropriate to introduce further restrictions related to the trade of goods used for the production or manufacturing of tobacco products, mineral fuels, bituminous substances and gaseous hydrocarbon products, potassium chloride (‘potash’) products, wood products, cement products, iron and steel products and rubber products. It is also appropriate to impose further restrictions on exports of dual-use goods and technology and on the provision of related services, as well as restrictions on exports of certain goods and technology which might contribute to Belarus's military, technological, defence and security development, together with restrictions on the provision of related services.

Decision 2012/642/CFSP has been amended accordingly.

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Corrigendum to Council Decision (CFSP) 2022/337 of 28 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 59 of 28 February 2022)

A new entry has been made (entry 675) on page 6, under the heading ‘Identifying information’.

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Corrigendum to Council Implementing Regulation (EU) 2022/336 of 28 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 58 of 28 February 2022)

A new entry (entry 675) has been made on page 7, under the heading ‘Identifying information’.

Read more.

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.mfea@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

The Sanctions Monitoring Board has issued a Guidance Note on the imposition of EU sanctions concerning Restrictive Measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. This may be accessed by clicking on the following link or by visiting the website of the Sanctions Monitoring Board directly. 

In addition to this guidance note, the Board is also providing regular updates in relation to Russia sanctions through both its notification service as well as having a dedicated web-page.

Ukraine Regime

Council Implementing Regulation (EU) 2022/353 of 2 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

In view of the gravity of the situation and of the fact that Belarus is participating in a Russian unprovoked invasion against Ukraine by allowing military aggression from its territory, the Council considers that 22 persons should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014. 

Regulation (EU) No 269/2014 has been amended accordingly.

Read more.

Council Decision (CFSP) 2022/354 of 2 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

In view of the gravity of the situation and of the fact that Belarus is participating in a Russian unprovoked invasion against Ukraine by allowing military aggression from its territory, the Council considers that 22 persons should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. 

Decision 2014/145/CFSP has been amended accordingly. 

Read more. 

 

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.mfea@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

Ukraine Regime

Council Regulation (EU) 2022/345 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

On 01 March 2022, the Council of the European Union adopted Decision (CFSP) 2022/346, amending Decision 2014/512/CFSP and imposing further restrictive measures with regard to the provision of specialised financial messaging services to certain Russian credit institutions and their Russian subsidiaries, which are relevant for the Russian financial system and which are already the subject of restrictive measures imposed by the Union or by partner countries and, subject to certain exceptions, with regard to engagement with the Russian Direct Investment Fund. It also prohibits, subject to certain exceptions, the supply of euro banknotes to Russia. 

Regulation (EU) No 833/2014 has been amended accordingly.

Read more.

Council Decision (CFSP) 2022/346 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures with regard to the provision of specialised financial messaging services to certain Russian credit institutions and their Russian subsidiaries, which are relevant for the Russian financial system and which are already the subject of restrictive measures imposed by the Union or by partner countries and, subject to certain exceptions, with regard to engagement with the Russian Direct Investment Fund. It is also appropriate to prohibit, subject to certain exceptions, the supply of euro denominated banknotes to Russia.

Decision 2014/512/CFSP has been amended accordingly.

Read more.

Council Regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to urgently suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. These measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States. 

Regulation (EU) No 833/2014 has been amended accordingly.

Read more.

Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to urgently suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. These measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States.

Decision 2014/512/CFSP has been amended accordingly.

Read more.

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.mfea@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

The Financial Intelligence Analysis Unit (FIAU) would like to bring to your attention the latest Delegated Act of the European Union’s (EU) Commission on High Risk Third Countries, which was adopted by virtue of Delegated Regulation (EU) 2022/229 of 7 January 2022 and published in the EU’s Official Journal of 22 February 2022. A copy of this document has been uploaded on the FIAU’s website under ‘Country Statements’.

In terms of Article 9 of Directive (EU) 2015/849,  the European Commission is to identify third countries which present strategic deficiencies in their AML/CFT regimes and which pose a significant threat to the EU’s financial system (“high risk third countries”). The resulting list, which is reviewed and updated from time to time, is then made public through delegated acts.   

A high risk third country is considered as a non-reputable jurisdiction in line with the definition provided under Regulation 2(1) of the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR).  It is important that, in ensuring compliance with their obligations under Regulation 11(10) and Regulation 11(11) of the PMLFTR, as well as with Section 8.1.1 and Section 8.1.3 of the Implementing Procedures - Part I as they may be applicable, subject persons also take note of the EU’s consolidated list of high risk third countries.

While the resulting list of high risk third countries presents similarities with the FATF’s own lists, it is important that subject persons are aware that the two are not identical and a country may be present on one list but not on the other.

Any queries in relation to the above should be addressed on queries@fiaumalta.org.

The current situation in Ukraine has once more brought to the fore the importance of ensuring that all subject persons adhere to their obligations arising from the National Interest (Enabling Powers) Act and from the Prevention of Money Laundering and Funding of Terrorism Regulations, as complemented and expanded upon by the Implementing Procedures.  To this end, the Financial Intelligence Analysis Unit has issued a Guidance Note addressed to all subject persons on sanctions, anti-money laundering and counter-funding of terrorism obligations (AML/CFT) and the interplay between the two.  The said Guidance Note can be accessed here.

Subject persons are invited to keep abreast of developments, including keeping themselves updated as to the latest sanctions and restrictive measures imposed by the European Union.  Information on these measures can be accessed through the following dedicate webpage maintained by the Sanctions Monitoring Board (SMB) here.

In addition, subject persons are invited to consult the FIAU’s Guidance Note to better understand how sanctions influence and interact with their AML/CFT obligations.  This Guidance Note complements the one recently issued by the SMB on the imposition of European Union sanctions concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.  This latter document is accessible through the following link.

Any questions relative to this Guidance Note and AML/CFT should be forwarded via email on the following email address – queries@fiaumalta.org.  Where the query relates to sanctions, subject persons are to seek directions from the Sanctions Monitoring Board. Queries may be sent by email on the following email address – sanctions.mfea@gov.mt.

Somalia Regime

Council Implementing Regulation (EU) 2022/340 of 28 February 2022 implementing Article 12 of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia and Council Implementing Decision (CFSP) 2022/341 of 28 February 2022 implementing Decision 2010/231/CFSP concerning restrictive measures against Somalia

On 28 February 2022, the Council of the European Union decided to amend Annex I to Regulation (EU) No 356/2010 by adding a person to the list set out in the same Annex and amended Annex I to Decision 2010/231/CFSP accordingly.

For further information please click here and here.

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.mfea@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

The European Union Consolidated Financial Sanctions List updated on 01 March 2022 at 11:00 to include the latest designations made under the restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

For further details please kindly consult the following link.