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SMB: Sanctions Update

27 Jul 2022 14:00 | Anonymous

UNSC Resolution 1718 (2006)

On 26 July 2022, the Security Council Committee established pursuant to resolution 1718 (2006) enacted the amendments to 44 entries on its Sanctions List of individuals and entities.

Libya Regime

Council Implementing Regulation (EU) 2022/1308 of 26 July 2022 implementing Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya (linked here)

Council Implementing Decision (CFSP) 2022/1315 of 26 July 2022 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (linked here)

The Council of the EU has on 26 July 2022 amended Annex III of Regulation (EU) No 204/2011 to conclude that the entry for one person, who is deceased, should be deleted and that the restrictive measures against all other natural and legal persons, entities or bodies in the lists set out in Annex III to Regulation EU (2016/44) should be maintained. In addition, the statement of reasons and identifying information for two persons have been updated.

Annex III (List of natural and legal persons, entities or bodies referred to in Article 6(2) to Regulation (EU) 2016/44 is therefore amended in accordance with the Annex to this Regulation.

Ukraine Regime

Council Amending Decision (EU) 2014/512/CFSP of 26 July 2022 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. (linked here)

In view of the gravity of the situation, and in response to Russia’s continued actions destabilising the situation in Ukraine, the Council considers that Decision 2014/512/CFSP should be renewed for a further six months. Decision 2014/512/CFSP should therefore be amended accordingly. (linked here)

In Decision 2014/512/CFSP, Article 9(1) is replaced by the following: This Decision shall apply until 31 January 2023.

Lebanon Regime

Council Amending Decision (CFSP) 2021/1277 of 26 July 2022 concerning restrictive measures in view of the situation in Lebanon. (linked here)

On 30 July 2021, the Council adopted Decision (CFSP) 2021/1277 concerning restrictive measures in view of the situation in Lebanon. Decision (CFSP) 2021/1277 applies until 31 July 2022. Based on a review of that Decision, the restrictive measures should be renewed until 31 July 2023. (linked here)

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:

SMB: Sanctions Update

22 Jul 2022 11:00 | Anonymous

Ukraine Regime

Council Regulation (EU) 2022/1269 of 21 July 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

On 21 July 2022, the Council adopted Decision (CFSP) 2022/1271, amending Decision 2014/512/CFSP. Decision (CFSP) 2022/1271 extends the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector. It also imposes a prohibition on the direct or indirect import, purchase or transfer of gold. This prohibition applies to Russian-origin gold, exported from Russia after the entry into force of the Regulation. Decision (CFSP) 2022/1271 extends the port access ban to locks in order to ensure full implementation of the measure and avoid circumvention. In order to safeguard the technical industrial standard setting process of the International Civil Aviation Organization (ICAO), Decision (CFSP) 2022/1271 allows, the sharing of technical assistance with Russia in relation to aviation goods and technology in this specific framework. In order to ensure access to justice, Decision (CFSP) 2022/1271 also allows an exemption from the prohibition to enter into any transactions with Russian public entities necessary to ensure access to judicial, administrative or arbitral proceedings. In order to ensure the correct implementation of the measures set out in Regulation (EU) No 833/2014, it is necessary to clarify the scope of the prohibition on public procurement. Further, it is necessary to harmonise the notification requirements for national competent authorities granting authorisations pursuant to derogations provided for in that Regulation. Decision CFSP 2022/1271 expands the scope of the prohibition on accepting deposits to include those from legal persons, entities or bodies established in third countries and majority-owned by Russian nationals or natural persons residing in Russia. Additionally, it subjects the acceptance of deposits for non-prohibited cross-border trade to a prior authorisation by the national competent authorities. Finally, Decision CFSP 2022/1271 makes certain technical corrections in the operative text and certain annexes. In view of the Union’s determined stance to combat food and energy insecurity around the world, and in order to avoid any potential negative consequences therefor, Decision (CFSP) 2022/1271 extends the exemption from the prohibition to engage in transactions with certain State-owned entities as regards transactions for agricultural products and the supply of oil and petroleum products to third countries. In more general terms, the Union is committed to avoiding all measures which might lead to food insecurity around the globe. Consequently, none of the measures in this Regulation or any of those adopted earlier in view of Russia’s actions destabilising the situation in Ukraine target in any way the trade in agricultural and food products, including wheat and fertilisers, between third countries and Russia. Similarly, the Union measures do not prevent third countries and their nationals operating outside of the Union from purchasing pharmaceutical or medical products from Russia. These measures fall within the scope of the Treaty and, therefore, in particular 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 833/2014 should therefore be amended accordingly.

Council Decision (CFSP) 2022/1271 of 21 July 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

On 21 July 2022, in view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, the EU considered it appropriate to introduce further restrictive measures. In particular, it is appropriate to prohibit the direct or indirect import, purchase or transfer of gold. This prohibition applies to Russian-origin gold, exported from Russia after the entry into force of the Decision. It is also appropriate to extend the port access ban to locks in order to ensure full implementation of the measure and avoid circumvention. Moreover, it is appropriate to expand the scope of the prohibition on accepting deposits to include those from legal persons, entities or bodies established in third countries and majority-owned by Russian nationals or natural persons residing in Russia. It is also appropriate to subject the acceptance of deposits for non-prohibited cross-border trade to a prior authorisation by the national competent authorities. It is also appropriate to add certain entries to the lists of legal persons, entities and bodies set out in Annex IV of Decision 2014/512/CFSP. Furthermore, it is appropriate to clarify the scope of the prohibition on public procurement. In order to safeguard the technical industrial standard setting process of the International Civil Aviation Organization (ICAO), it is appropriate to allow the sharing of technical assistance with Russia in relation to aviation goods and technology in this specific framework. In order to ensure access to justice, it is also appropriate to introduce an exemption from the prohibition to enter into any transactions with Russian public entities where this is necessary to ensure access to judicial, administrative or arbitral proceedings. In view of the Union’s determined stance to combat food and energy insecurity around the world, and in order to avoid any potential negative consequences therefor, it is appropriate to extend the exemption from the prohibition to engage in transactions with certain State-owned entities as regards transactions for agricultural products and the supply of oil and petroleum products to third countries. In more general terms, the Union is committed to avoiding all measures which might lead to food insecurity around the globe. Consequently, none of the measures in this Decision or any of those adopted earlier in view of Russia’s actions destabilising the situation in Ukraine target in any way the trade in agricultural and food products, including wheat and fertilisers, between third countries and Russia. Similarly, the Union measures do not prevent third countries and their nationals operating outside of the Union from purchasing pharmaceutical or medical products from Russia. Further action by the Union is needed in order to implement certain measures.

Decision 2014/512/CFSP should therefore be amended accordingly.

Council Implementing Regulation (EU) 2022/1270 of 21 July 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

On 21 July 2022, the EU added 48 persons and 9 entities considered responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine should be added to the list of natural and legal persons, entities and bodies under in Annex I to Regulation (EU) No 269/2014.

Regulation (EU) No 269/2014 should therefore be amended accordingly.

Council Decision (CFSP) 2022/1272 of 21 July 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

On 21 July 2022, the EU added 48 persons and 9 entities considered responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. Moreover, it is appropriate to introduce a further derogation from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities in order to urgently prevent or mitigate an event likely to have a serious and significant impact on human health and safety or the environment. In view of the Union’s determined stance to avoid and combat food insecurity around the world, and in order to avoid disruptions in the payment channels for agricultural products, it is also appropriate to introduce a derogation from the asset freeze and the prohibition to make funds and economic resources available to designated banks. It is also appropriate to introduce a derogation from the asset freeze and the prohibition to make funds and economic resources available for the orderly wind-down of operations, including correspondent banking relations, with one designated bank. Further action by the Union is needed in order to implement certain measures.

Decision 2014/145/CFSP should therefore be amended accordingly.

Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

On 21 July 2022, the Council adopted Decision (CFSP) 2022/1272 amending Decision 2014/145/CFSP, whereby it introduced a further derogation from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities in order to urgently prevent or mitigate an event likely to have a serious and significant impact on human health and safety or the environment. Decision (CFSP) 2022/1272 also introduces a derogation from the asset freeze and the prohibition to make funds and economic resources available to designated banks. Decision (CFSP) 2022/1272 also introduces a derogation from the asset freeze and the prohibition to make funds and economic resources available for the orderly wind-down of operations, including correspondent banking relations, with one designated bank. Designated persons and entities with assets within the jurisdiction of a Member State are obliged to report these assets and to cooperate with the competent authority in the verification of this reporting. Failure to respect this obligation would constitute a circumvention of the freezing of assets and would be subject to penalties if the conditions for such penalties are met under applicable national rules and procedures.

Regulation (EU) No 269/2014 should therefore be amended accordingly.

Council Implementing Regulation (EU) 2022/1274 of 21 July 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 (linked here)
Council Decision (CFSP) 2022/1276 of 21 July 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (linked here)

On 21 July 2022, the EU added six individuals and one entity involved in the recruitment of Syrian mercenaries to fight in Ukraine alongside Russian troops under the list of persons, entities and bodies subject to restrictive measures set out in the Annex I to Regulation (EU) No 269/2014 and Annex to Decision 2014/145/CFSP.

Regulation (EU) No 269/2014 and Decision 2014/145/CFSP have therefore be amended accordingly.

Syria Regime

Council Implementing Regulation (EU) 2022/1275 of 21 July 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (linked here)
Council Implementing Decision (CFSP) 2022/1277 of 21 July 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (linked here)

On 21 July 2022, The EU added four persons and one entity under list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012 and Annex I to Decision 2013/255/CFSP

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:

SMB: Sanctions Update

19 Jul 2022 13:30 | Anonymous

UNSC Resolution 1970 (2011)

On 18 July 2022, the Security Council Committee established pursuant to Resolution 1970 (2011) amended one entry on its Sanctions List.

Terrorism Regime

Council Implementing Regulation (EU) 2022/1230 of 18 July 2022 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2022/147 (link)
Council Decision (CFSP) 2022/1241 of 18 July 2022 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2022/152 (link)

The Council of the European Union on 18 July 2022 concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001 and consequently decided to update the list of persons, groups and entities referred to in Article 1 of Regulation (EU) 2022/1230 and which is found in the Annex of the same Regulation. The Council of the European Union also decided to repeal Implementing Regulation (EU) 2022/147.

Belarus Regime

Council Implementing Regulation (EU) 2022/1231 of 18 July 2022 implementing Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

The Council of the European Union on 18 July 2022 decided to delete an entry from the list set out in Section B (‘Legal persons, entities and bodies referred to in Article 2(1)’) of Annex I to Regulation (EC) No 765/2006.

Council Implementing Decision (CFSP) 2022/1243 of 18 July 2022 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

The Council of the European Union on 18 July 2022 decided to delete an entry from the list set out in Section B (‘Legal persons, entities or bodies referred to in Article 4(1)’) of Annex I to Decision 2012/642/CFSP.

Russia Regime

Corrigendum to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (Official Journal of the European Union L 111 of 8 April 2022)

Page 62 of Annex VI (new Annex XXIII), under the column CN code has been amended as follows:

for:

‘8482 40’,

read:

‘8482 20 00’;

The heading on page 66 of Annex VI (new Annex XXIV) has been amended as follows:

for:

‘ANNEX XXIV

LIST OF GOODS AS REFERRED TO IN ARTICLE 3ea(4)(a)’,

read:

‘ANNEX XXIV

LIST OF GOODS AS REFERRED TO IN ARTICLE 3ea(5)(a)’.

The following has been published in the Press release issued by the UNSC.

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:

SMB: Sanctions Update

18 Jul 2022 14:00 | Anonymous

Belarus Regime

Corrigendum to 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.

Article 1fb has been amended and now reads as follows:

1. The notification to the competent authority referred to in Articles 1e(3) and 1f(3) shall be submitted by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the models set out in Annex Vc.

2. All authorisations referred to in Articles 1e and 1f shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the models set out in Annex Vc.’.

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:

SMB: Sanctions Update

1 Jul 2022 12:30 | Anonymous

UNSC Resolution 1718 (2006)

On 30 June 2022, the Security Council Committee established pursuant to 1718 (2006) amended one entry on its Sanctions List of individuals and entities.

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:

SMB: Sanctions Update

28 Jun 2022 13:00 | Anonymous

Democratic Republic of the Congo Regime

Council Implementing Regulation (EU) 2022/1009 of 27 June 2022 implementing Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

The Council of the European Union on 27 June 2022 decided to amend Annex Ia to Regulation (EC) No 1183/2005 and delete the following entry:

‘3. Ferdinand Ilunga LUYOYO’

Council Implementing Decision (CFSP) 2022/1020 of 27 June 2022 implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

The Council of the European Union on 27 June 2022 decided to amend Annex II to Decision 2010/788/CFSP and delete the following entry:

‘3. Ferdinand Ilunga LUYOYO’

Iran Regime

Council Implementing Regulation (EU) 2022/1010 of 27 June 2022 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

The Council of the European Union on 27 June 2022 decided to amend Annex IX to Regulation (EU) No 267/2012.

Council Decision (CFSP) 2022/1019 of 27 June 2022 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

The Council of the European Union on 27 June 2022 decided to amend Annex II to Decision 2010/413/CFSP.

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:

Publication in the Official Journal of the EU

8 Jun 2022 13:30 | Anonymous

Ukraine Regime

COUNCIL IMPLEMENTING REGULATION (EU) 2022/878 of 3 June 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 and COUNCIL DECISION (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
- On 03 June 2022, the EU has included sixty-five individuals and eighteen entities under 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 and Annex to Decision 2014/145/ CFSP.
COUNCIL REGULATION (EU) 2022/879 of 3 June 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine and COUNCIL DECISION (CFSP) 2022/884 of 3 June 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
- On 3 June 2022, the Council adopted Decision (CFSP) 2022/884, amending Decision 2014/512/CFSP and imposing further restrictive measures in various sectors:
- - Decision (CFSP) 2022/884 extends the prohibition on the provision of specialised financial messaging services to three additional Russian credit institutions.
  - Decision (CFSP) 2022/884 also expands the list of persons connected to Russia’s defence and industrial base, on whom tighter export restrictions regarding dual-use goods and technology, as well as goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector, are imposed.
  - It is also considered appropriate to extend the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector.
  - Decision (CFSP) 2022/884 extends the suspension of the broadcasting licences in the Union of Russian media outlets under the permanent control of the Russian leadership and to introduce further restrictive measures to suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. The 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. Such measures do not prevent the media outlets and their staff from carrying out activities in the Union other than broadcasting, such as research and interviews. In particular, those measures do not modify the obligation to respect the rights, freedoms and principles referred to in Article 6 of the Treaty on European Union, including in the Charter of Fundamental Rights, and in Member States’ constitutions, within their respective fields of application.
  - Decision (CFSP) 2022/884 also imposes a prohibition on advertising products or services in any content produced or broadcast by the Russian media outlets under the permanent control of the Russian leadership subject to the suspension of broadcasting licences.
  - Decision (CFSP) 2022/884 also imposes prohibitions on the purchase, import or transfer into Member States, directly or indirectly, of crude oil and certain petroleum products, which originate in Russia or are exported from Russia, and on the insurance and reinsurance of maritime transport of such goods to third countries. Appropriate transitional periods are provided for.
  - Due to the geographical situation of several Member States, which generates specific dependence on crude oil imported by pipeline from Russia, the import prohibitions on crude oil from Russia should temporarily not apply, until the Council decides otherwise, to imports by pipeline of crude oil from Russia into those Member States.
  - It is necessary to prohibit the onward transfer, transport or re-sale of crude oil from Russia delivered into a Member State by pipeline to other Member States or to third countries, as well as to prohibit, following a transitional period of eight months, the onward transfer, transport or re-sale to other Member States of petroleum products obtained from such crude oil.
  - Due to the specific geographical exposure of Bulgaria, a special derogation from the prohibition on imports of crude oil via maritime transport ('seaborne crude oil') and of petroleum products should be provided for a limited period. Due to Croatia's specific situation linked to the need for its refinery to secure regular supply of vacuum gas oil for its functioning, it should be possible for the national competent authority to authorise the purchase, import or transfer of Russian vacuum gas oil for a specific period of time under certain conditions.
  - If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons beyond the control of that Member State, the import of seaborne crude oil from Russia into that Member State should be allowed, by way of an exceptional temporary derogation, until the supply by pipeline is resumed or until the Council decides that the prohibition on the import of crude oil delivered by pipeline is to apply with regard to that Member State.
  - In the event of a sudden disruption of oil supplies, whether by pipeline or seaborne, Member States should act in a spirit of solidarity and regional cooperation, involving both public authorities and energy undertakings, in close coordination within the Oil Coordination Group, with a view to possible releases of oil stocks, including emergency oil stocks, and other measures, including the supply of the appropriate blend, as foreseen in their national contingency plans or agreed in accordance with Directive 2009/119/EC. This commitment of solidarity and cooperation is of particular relevance in view of Russia’s aggression on Ukraine and a possible disruption of supplies of Russian crude oil or refined petroleum products in the region, in particular regarding pipelines or Black Sea ports. The Commission will monitor markets and the security of supply, and will report to the Council on a regular basis and, if necessary, make proposals to strengthen the security of supply.
  - In compliance with the principle of the freedom of transit, the prohibitions on the purchase, import or transfer of seaborne crude oil and of certain petroleum products from Russia should be without prejudice to the purchase, import or transfer of such goods which originate in a third country and are only transiting through Russia. In particular, those prohibitions should not apply in the situation where Russia is identified as the State of export in the customs declarations, if the country of origin for the crude oil and other petroleum products is identified in those declarations as a third State.
  - National authorities should conduct the necessary checks to ensure that the transit of third country goods does not lead to the circumvention of the prohibitions. If there is sufficient evidence that the imports of third-country goods leads to the circumvention of the prohibition, such imports should be prohibited.
  - Furthermore, Decision (CFSP) 2022/884 imposes prohibitions on the provision to Russia of accounting, auditing, bookkeeping and tax consulting services, as well as on business and management consulting and public relations services.
  - In order to ensure the smooth implementation of Article 5m of Regulation (EU) No 833/2014, it is appropriate to extend the deadline for the cessation of activities provided for in paragraphs 2 and 3 of that Article from 10 May 2022 until 5 July 2022.
  - It is appropriate to clarify that this Regulation does not prevent the reception of payments by a legal person, entity or body incorporated or constituted under the law of a Member State from its Russian counterparty pursuant to contracts related to goods and technologies as listed in Annex X to Regulation (EU) No 833/2014 which were concluded before 26 February 2022 and performed by that legal person, entity or body before 27 May 2022.
  - Having regard to Annex II to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment, accounting, auditing, bookkeeping and tax consultancy services cover the recording of commercial transactions for businesses and others; examination services of accounting records and financial statements; business tax planning and consulting; and the preparation of tax documents. Business and management consulting and public relations services cover advisory, guidance and operational assistance services provided to businesses for business policy and strategy and the overall planning, structuring and control of an organisation. Management fees, management auditing; market management, human resources, production management and project management consulting; and advisory, guidance and operational services related to improving the image of the clients and their relations with the general public and other institutions are all included.
  - In order to ensure correct implementation of the measures set out in Regulation (EU) No 833/2014, it is appropriate to extend the exemption from the prohibition on the transport of goods by road transport undertakings established in Russia to all diplomatic and consular representations in Russia. It is also appropriate to extend certain exemptions from the prohibitions on accepting deposits and on trusts, and to clarify and strengthen the provisions on national penalties for the breach of the measures in that Regulation.
  - Regulation (EU) No 833/2014 and Decision 2014/512/CFSP have been amended accordingly.
COUNCIL REGULATION (EU) 2022/880 of 3 June 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and COUNCIL DECISION (CFSP) 2022/885 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
- On 3 June 2022, the Council adopted Decision (CFSP) 2022/885 amending Decision 2014/145/CFSP, which introduced further derogation options from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities. It is also appropriate to clarify and strengthen the provisions on national penalties for the breach of the measures in that Regulation. Regulation (EU) No 269/2014 and Decision 2014/145/CFSP have therefore been amended accordingly.

Belarus Regime

COUNCIL IMPLEMENTING REGULATION (EU) 2022/876 of 3 June 2022 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine and COUNCIL IMPLEMENTING DECISION (CFSP) 2022/881 of 3 June 2022 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
- On 03 June 2022, the EU has included twelve individuals and eight entities under the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EC) No 765/2006 and Annex I to Decision 2012/642/CFSP.
COUNCIL REGULATION (EU) 2022/877 of 3 June 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine and COUNCIL DECISION (CFSP) 2022/882 of 3 June 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
- Council Decision (CFSP) 2022/882 (3) expands the scope of the sanctions to further implement the conclusions of the European Council of 24 March 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. In view of the gravity of the situation, it is necessary to take additional measures. Consequently, Decision (CFSP) 2022/882 expanded the list of entities subject to restrictions with regard to authorisations for the sale, supply, transfer or export of dual-use goods and technology, and goods and technology which might contribute to Belarus’s military and technological enhancement, or to the development of its defence and security sector. Decision (CFSP) 2022/882 also expands the list of Belarusian credit institutions and their Belarusian subsidiaries subject to restrictive measures with regard to the provision of specialised financial messaging services. Regulation (EC) No 765/2006 and Decision 2012/642/CFSP should therefore be amended accordingly.

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:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.147.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A147I%3ATOC

SMB: Sanctions Update

31 May 2022 14:00 | Anonymous

ISIL (Da'esh) and Al-Qaeda

The EU today decided to add one group and two persons to the list of those subject to restrictive measures against ISIL/Da'esh and Al-Qaeda and persons, groups, undertakings and entities associated with them. The measures target Hurras al-Din, a Syria-based al-Qaeda affiliated group, its leader Faruq al-Suri, and its religious leader Sami al-Aridi.

For further information, please consult the below links:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.147.01.0003.01.ENG&toc=OJ%3AL%3A2022%3A147I%3ATOC

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:

SMB: Sanctions Update

30 May 2022 13:30 | Anonymous

Iraq Regime

Commission Implementing Regulation (EU) 2022/815 of 23 May 2022 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

The European Commission on 23 May 2022 decided to amend Annex IV to Regulation (EC) No 1210/2003 in accordance with the Sanctions Committee of the United Nations Security Council’s decision of 19 May 2022 to remove one natural person and two entities from the list of persons and entities to whom the assets freeze should apply.

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: