SECURITY COUNCIL RESOLUTIONS (TERRORISM) _g S.L.365.14 1
SUBSIDIARY LEGISLATION 365.14
SECURITY COUNCIL RESOLUTIONS 
(TERRORISM) REGULATIONS
21st June, 2002
LEGAL NOTICE 156 of 2002.
Citation.
Resolutions (Terrorism) Regulations.
Text of resolutions.
(Enabling Powers) Act, Resolutions number 1269 (1999), 1368
(2001), 1373 (2001) and 1390 (2002) adopted by the Security
Council of the United Nations on the 19th October 1999, on the
12th September 2001, the 28th September 2001 and the 16th
January 2002 respectively, are being hereby published in the
Schedule.
Cooperation in 
fight against 
terrorism.
3. (1) Whenever the Government receives a request for
cooperation as envisaged in a resolution, referred to in regulation 2,
in connection with a relevant vessel by a foreign Government to
take appropriate measures with regard to such vessels reasonably
suspected to carry terrorists or to carry equipment or other material
on behalf of or in order to aid terrorism, the Attorney General may,
with the concurrence of the Prime Minister, authorise the taking of
the said measures by the competent authorities of the said foreign
Government subject to such conditions as may be agreed between
such authorities and the Attorney General with the concurrence of
the Prime Minister.
(2) Where authorisation has been given by the Attorney
General as aforesaid, the competent authorities so authorised,
subject to the conditions as may have been agreed as provided in
this regulation, shall be authorised to take the appropriate measures
and to exercise on board the vessel in regard to which appropriate
measures have been authorised under this regulation all such
powers of arrest, entry, search and seizure vested in the executive
police of Malta.
(3) For the purpose of this regulation, "relevant vessel" means
a ship or any other floating craft of any description, including
hovercrafts and submersible crafts, flying the flag of Malta, or
displaying any marks of registry of Malta and exercising freedom
of navigation according to international law; and "appropriate
measures" with regard to a vessel include the boarding of and
carrying a search on such vessel as well as any other appropriate
action with respect to the vessel, persons and cargo on board such
vessel, if evidence of involvement of the vessel in acts of, or acts
aiding, terrorism is found.
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SCHEDULE
RESOLUTION 1269 (1999)
Adopted by the Security Council at its 4053rd meeting, on 19 October 1999
The Security Council ,
Deeply concerned  by the increase in acts of international terrorism which
endangers the lives and well-being of individuals worldwide as well as the peace and
security of all States,
Condemning  all acts of terrorism, irrespective of motive, wherever and by
whomever committed,
Mindful  of all relevant resolutions of the General Assembly, including resolution
49/60 of 9 December 1994, by which it adopted the Declaration on Measures to
Eliminate International Terrorism,
Emphasizing  the necessity to intensify the fight against terrorism at the national
level and to strengthen, under the auspices of the United Nations, effective
international cooperation in this field on the basis of the principles of the Charter of
the United Nations and norms of international law, including respect for
international humanitarian law and human rights,
Supporting  the efforts to promote universal participation in and implementation of
the existing international anti-terrorist conventions, as well as to develop new
international instruments to counter the terrorist threat,
Commending  the work done by the General Assembly, relevant United Nations
organs and specialized agencies and regional and other organizations to combat
international terrorism,
Determined  to contribute, in accordance with the Charter of the United Nations, to
the efforts to combat terrorism in all its forms,
Reaffirming  that the suppression of acts of international terrorism, including those
in which States are involved, is an essential contribution to the maintenance of
international peace and security,
1. Unequivocally condemns  all acts, methods and practices of terrorism as
criminal and unjustifiable, regardless of their motivation, in all their forms and
manifestations, wherever and by whomever committed, in particular those which
could threaten international peace and security;
2. Calls upon  all States to implement fully the international anti-terrorist
conventions to which they are parties, encourages all States to consider as a matter
of priority adhering to those to which they are not parties, and encourages also the
speedy adoption of the pending conventions;
3. Stresses  the vital role of the United Nations in strengthening international
cooperation in combating terrorism and,  emphasizes  the importance of enhanced
coordination among States, international and regional organizations;
4. Calls upon  all States to take,  inter alia , in the context of such cooperation
and coordination, appropriate steps to:
- cooperate with each other, particularly through bilateral and multilateral
agreements and arrangements, to prevent and suppress terrorist acts,
protect their nationals and other persons against terrorist attacks and
bring to justice the perpetrators of such acts;
- prevent and suppress in their territories through all lawful means the
SECURITY COUNCIL RESOLUTIONS (TERRORISM) _g S.L.365.14 3
preparation and financing of any acts of terrorism;
- deny those who plan, finance or commit terrorist acts safe havens by
ensuring their apprehension and prosecution or extradition;
- take appropriate measures in conformity with the relevant provisions of
national and international law, including international standards of
human rights, before granting refugee status, for the purpose of
ensuring that the asylum-seeker has not participated in terrorist acts;
- exchange information in accordance with international and domestic
law, and cooperate on administrative and judicial matters in order to
prevent the commission of terrorist acts;
5. Requests  the Secretary-General, in his reports to the General Assembly, in
particular submitted in accordance with its resolution 50/53 on measures to eliminate
international terrorism, to pay special attention to the need to prevent and fight the
threat to international peace and security as a result of terrorist activities;
6. Expresses  its readiness to consider relevant provisions of the reports
mentioned in paragraph 5 above and to take necessary steps in accordance with its
responsibilities under the Charter pt the United Nations in order to counter terrorist
threats to international peace and security;
7. Decides  to remain seized of this matter.
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Resolution 1368 (2001)
Adopted by the Security Council at its 4370th meeting, on 12 September 2001
The Security Council ,
Reaffirming  the principles and purposes of the Charter of the United Nations,
Determined  to combat by all means threats to international peace and security
caused by terrorist acts,
Recognizing  the inherent right of individual or collective self defence in
accordance with the Charter,
1. Unequivocally condemns  in the strongest terms the horrifying terrorist
attacks which took place on 11 September 2001 in New York, Washington, D.C. and
Pennsylvania and  regards  such acts, like any act of international terrorism, as a
threat to international peace and security;
2. Expresses  its deepest sympathy and condolences to the victims and their
families and to the people and Government of the United States of America;
3. Calls on  all States to work together urgently to bring to justice the
perpetrators, organizers and sponsors of these terrorist attacks and  stresses  that those
responsible for aiding, supporting or harbouring the perpetrators, organizers and
sponsors of these acts will be held accountable;
4. Calls also  on the international community to redouble their efforts to
prevent and suppress terrorist acts including by increased cooperation and full
implementation of the relevant international anti-terrorist conventions and Security
Council resolutions, in particular resolution 1269 (1999) of 19 October 1999;
5. Expresses  its readiness to take all necessary steps to respond to the terrorist
attacks of 11 September 2001, and to combat all forms of terrorism, in accordance
with its responsibilities under the Charter of the United Nations;
6. Decides  to remain seized of the matter.
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Resolution 1373 (2001)
Adopted by the Security Council at its 4385th meeting, on 28 September 2001
The Security Council ,
Reaffirming  its resolutions 1269 (1999) of 19 October 1999 and 1368 (2001) of 12
September 2001,
Reaffirming   also  its unequivocal condemnation of the terrorist attacks which took
place in New York, Washington, D.C. and Pennsylvania on 11 September 2001,and
expressing its determination to prevent all such acts,
Reaffirming further  that such acts, like any act of international terrorism,
constitute a threat to international peace and security,
Reaffirming  the inherent right of individual or collective self-defence as
recognized by the Charter of the United Nations as reiterated in resolution 1368
(2001),
Reaffirming  the need to combat by all means, in accordance with the Charter of
the United Nations, threats to international peace and security caused by terrorist
acts,
Deeply concerned  by the increase, in various regions of the world, of acts of
terrorism motivated by intolerance or extremism,
Calling on  States to work together urgently to prevent and suppress terrorist acts,
including through increased cooperation and full implementation of the relevant
international conventions relating to terrorism,
Recognizing  the need for States to complement international cooperation by taking
additional measures to prevent and suppress, in their territories through all lawful
means, the financing and preparation of any acts of terrorism,
Reaffirming  the principle established by the General Assembly in its declaration
of October 1970 (resolution 2625 (XXV)) and reiterated by the Security Council in
its resolution 1189 (1998) of 13 August 1998, namely that every State has the duty to
refrain from organizing, instigating, assisting or participating in terrorist acts in
another State or acquiescing in organized activities within its territory directed
towards the commission of such acts,
Acting  under Chapter VII of the Charter of the United Nations,
1. Decides that all States shall:
(a) Prevent and suppress the financing of terrorist acts;
(b) Criminalize the wilful provision or collection, by any means, directly or
indirectly, of funds by their nationals or in their territories with the
intention that the funds should be used, or in the knowledge that they
are to be used, in order to carry out terrorist acts;
(c) Freeze without delay funds and other financial assets or economic
resources of persons who commit, or attempt to commit, terrorist acts or
participate in or facilitate the commission of terrorist acts; of entities
owned or controlled directly or indirectly by such persons; and of
persons and entities acting on behalf of, or at the direction of such
persons and entities, including funds derived or generated from property
owned or controlled directly or indirectly by such persons and
associated persons and entities;
(d) Prohibit their nationals or any persons and entities within their
territories from making any funds, financial assets or economic
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resources or financial or other related services available, directly or
indirectly, for the benefit of persons who commit or attempt to commit
or facilitate or participate in the commission of terrorist acts, of entities
owned or controlled, directly or indirectly, by such persons and of
persons and entities acting on behalf of or at the direction of such
persons;
2. Decides also  that all States shall:
(a) Refrain from providing any form of support, active or passive, to
entities or persons involved in terrorist acts, including by suppressing
recruitment of members of terrorist groups and eliminating the supply
of weapons to terrorists;
(b) Take the necessary steps to prevent the commission of terrorist acts,
including by provision of early warning to other States by exchange of
information;
(c) Deny safe haven to those who finance, plan, support, or commit terrorist
acts, or provide safe havens;
(d) Prevent those who finance, plan, facilitate or commit terrorist acts from
using their respective territories for those purposes against other States
or their citizens;
(e) Ensure that any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting terrorist
acts is brought to justice and ensure that, in addition to any other
measures against them, such terrorist acts are established as serious
criminal offences in domestic laws and regulations and that the
punishment duly reflects the seriousness of such terrorist acts;
(f) Afford one another the greatest measure of assistance in connection
with criminal investigations or criminal proceedings relating to the
financing or support of terrorist acts, including assistance in obtaining
evidence in their possession necessary for the proceedings;
(g) Prevent the movement of terrorists or terrorist groups by effective
border controls and controls on issuance of identity papers and travel
documents, and through measures for preventing counterfeiting, forgery
or fraudulent use of identity papers and travel documents;
3. Calls  upon all States to:
(a) Find ways of intensifying and accelerating the exchange of operational
information, especially regarding actions or movements of terrorist
persons or networks; forged or falsified travel documents; traffic in
arms, explosives or sensitive materials; use of communications
technologies by terrorist groups; and the threat posed by the possession
of weapons of mass destruction by terrorist groups;
(b) Exchange information in accordance with international and domestic
law and cooperate on administrative and judicial matters to prevent the
commission of terrorist acts;
(c) Cooperate, particularly through bilateral and multilateral arrangements
and agreements, to prevent and suppress terrorist attacks and take action
against perpetrators of such acts;
(d) Become parties as soon as possible to the relevant international
conventions and protocols relating to terrorism, including the
International Convention for the Suppression of the Financing of
SECURITY COUNCIL RESOLUTIONS (TERRORISM) _g S.L.365.14 7
Terrorism of 9 December 1999;
(e) Increase cooperation and fully implement the relevant international
conventions and protocols relating to terrorism and Security Council
resolutions 1269 (1999) and 1368 (2001);
(f) Take appropriate measures in conformity with the relevant provisions of
national and international law, including international standards of
human rights, before granting refugee status, for the purpose of
ensuring that the asylum-seeker has not planned, facilitated or
participated in the commission of terrorist acts;
(g) Ensure, in conformity with international law, that refugee status is not
abused by the perpetrators, organizers or facilitators of terrorist acts,
and that claims of political motivation are not recognized as grounds for
refusing requests for the extradition of alleged terrorists;
4. Notes  with concern the close connection between international terrorism and
transnational organized crime, illicit drugs, money-laundering, illegal arms-
trafficking, and illegal movement of nuclear, chemical, biological and other
potentially deadly materials, and in this regard emphasizes the need to enhance
coordination of efforts on national, subregional, regional and international levels in
order to strengthen a global response to this serious challenge and threat to
international security;
5. Declares  that acts, methods, and practices of terrorism are contrary to the
purposes and principles of the United Nations and that knowingly financing,
planning and inciting terrorist acts are also contrary to the purposes and principles of
the United Nations;
6. Decides to establish, in accordance with rule 28 of its provisional rules of
procedure, a Committee of the Security Council, consisting of all the members of the
Council, to monitor implementation of this resolution, with the assistance of
appropriate expertise, and  calls upon  all States to report to the Committee, no later
than 90 days from the date of adoption of this resolution and thereafter according to
a timetable to be proposed by the Committee, on the steps they have taken to
implement this resolution;
7. Directs  the Committee to delineate its tasks, submit a work programme
within 30 days of the adoption of this resolution, and to consider the support it
requires, in consultation with the Secretary-General;
8. Expresses  its determination to take all necessary steps in order to ensure the
full implementation of this resolution, in accordance with its responsibilities under
the Charter;
9. Decides  to remain seized of this matter.
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Resolution 1390 (2002)
Adopted by the Security Council at its 4452nd meeting, on 16 January 2002
The Security Council ,
Recalling  its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19
December 2000 and 1363 (2001) of 30 July 2001,
Reaffirming  its previous resolutions on Afghanistan, in particular resolutions 1378
(2001) of 14 November 2001 and 1383 (2001) of 6 December 2001,
Reaffirming  also its resolutions 1368 (2001) of 12 September 2001 and 1373
(2001) of 28 September 2001, and reiterating its support for international efforts to
root out terrorism, in accordance with the Charter of the United Nations,
Reaffirming  its unequivocal condemnation of the terrorist attacks which took place
in New York, Washington and Pennsylvania on 11 September 2001, expressing its
determination to prevent all such acts, noting the continued activities of Usama bin
Laden and the Al-Qaida network in supporting international terrorism, and
expressing its determination to root out this network,
Noting  the indictments of Usama bin Laden and his associates by the United States
of America for, inter alia, the 7 August 1998 bombings of the United States
embassies in Nairobi, Kenya and Dar as Salaam, Tanzania,
Determining  that the Taliban have failed to respond to the demands in paragraph
13 of resolution 1214 (1998) of 8 December 1998, paragraph 2 of resolution 1267
(1999) and paragraphs 1, 2 and 3 of resolution 1333 (2000),
Condemning  the Taliban for allowing Afghanistan to be used as a base for
terrorists training and activities, including the export of terrorism by the Al-Qaida
network and other terrorist groups as well as for using foreign mercenaries in hostile
actions in the territory of Afghanistan,
Condemning  the Al-Qaida network and other associated terrorist groups, for the
multiple criminal, terrorist acts, aimed at causing the deaths of numerous innocent
civilians, and the destruction of property,
Reaffirming  further that acts of international terrorism constitute a threat to
international peace and security,
Acting  under Chapter VII of the Charter of the United Nations,
1. Decides  to continue the measures imposed by paragraph 8 (c) of resolution
1333 (2000) and  takes note  of the continued application of the measures imposed by
paragraph 4 (b) of resolution 1267 (1999), in accordance with paragraph 2 below,
and decides to terminate the measures imposed in paragraph 4 (a) of resolution 1267
(1999);
2. Decides  that all States shall take the following measures with respect to
Usama bin Laden, members of the Al-Qaida organization and the Taliban and other
individuals, groups, undertakings and entities associated with them, as referred to in
the list created pursuant to resolutions 1267 (1999) and 1333 (2000) to be updated
regularly by the Committee established pursuant to resolution 1267 (1999)
hereinafter referred to as "the Committee":
(a) Freeze without delay the funds and other financial assets or economic
resources of these individuals, groups, undertakings and entities,
including funds derived from property owned or controlled, directly or
indirectly, by them or by persons acting on their behalf or at their
direction, and ensure that neither these nor any other funds, financial
SECURITY COUNCIL RESOLUTIONS (TERRORISM) _g S.L.365.14 9
assets or economic resources are made available, directly or indirectly,
for such persons' benefit, by their nationals or by any persons within
their territory;
(b) Prevent the entry into or the transit through their territories of these
individuals, provided that nothing in this paragraph shall oblige any
State to deny entry into or require the departure from its territories of its
own nationals and this paragraph shall not apply where entry or transit
is necessary for the fulfilment of a judicial process or the Committee
determines on a case by case basis only that entry or transit is justified;
(c) Prevent the direct or indirect supply, sale and transfer, to these
individuals, groups, undertakings and entities from their territories or
by their nationals outside their territories, or using their flag vessels or
aircraft, of arms and related matériel of all types including weapons and
ammunition, military vehicles and equipment, paramilitary equipment,
and spare parts for the aforementioned and technical advice, assistance,
or training related to military activities;
3. Decides  that the measures referred to in paragraphs 1 and 2 above will be
reviewed in 12 months and that at the end of this period the Council will either allow
these measures to continue or decide to improve them, in keeping with the principles
and purposes of this resolution;
4. Recalls  the obligation placed upon all Member States to implement in full
resolution 1373 (2001), including with regard to any member of the Taliban and the
Al-Qaida organization, and any individuals, groups, undertakings and entities
associated with the Taliban and the Al-Qaida organization, who have participated in
the financing, planning, facilitating and preparation or perpetration of terrorist acts
or in supporting terrorist acts;
5. Requests  the Committee to undertake the following tasks and to report on its
work to the Council with its observations and recommendations:
(a) to update regularly the list referred to in paragraph 2 above, on the basis
of relevant information provided by Member States and regional
organizations;
(b) to seek from all States information regarding the action taken by them
to implement effectively the measures referred to in paragraph 2 above,
and thereafter to request from them whatever further information the
Committee may consider necessary;
(c) to make periodic reports to the Council on information submitted to the
Committee regarding the implementation of this resolution;
(d) to promulgate expeditiously such guidelines and criteria as may be
necessary to facilitate the implementation of the measures referred to in
paragraph 2 above;
(e) to make information it considers relevant, including the list referred to
in paragraph 2 above, publicly available through appropriate media;
(f) to cooperate with other relevant Security Council Sanctions Committees
and with the Committee established pursuant to paragraph 6 of its
resolution 1373 (2001); 6. Requests all States to report to the
Committee, no later than 90 days from the date of adoption of this
resolution and thereafter according to a timetable to be proposed by the
Committee, on the steps they have taken to implement the measures
referred to in paragraph 2 above;
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7. Urges  all States, relevant United Nations bodies, and, as appropriate, other
organizations and interested parties to cooperate fully with the Committee and with
the Monitoring Group referred to in paragraph 9 below;
8. Urges  all States to take immediate steps to enforce and strengthen through
legislative enactments or administrative measures, where appropriate, the measures
imposed under domestic laws or regulations against their nationals and other
individuals or entities operating on their territory, to prevent and punish violations
of the measures referred to in paragraph 2 of this resolution, and to inform the
Committee of the adoption of such measures, and  invites  States to report the results
of all related investigations or enforcement actions to the Committee unless to do so
would compromise the investigation or enforcement actions;
9. Requests  the Secretary-General to assign the Monitoring Group established
pursuant to paragraph 4 (a) of resolution 1363 (2001), whose mandate expires on 19
January 2002, to monitor, for a period of 12 months, the implementation of the
measures referred to in paragraph 2 of this resolution;
10. Requests  the Monitoring Group to report to the Committee by 31 March
2002 and thereafter every 4 months;
11. Decides  to remain actively seized of the matter.
