  NATIONAL INTEREST (ENABLING POWERS)   [ CAP. 365.        1
CHAPTER 365
Substituted by:
V. 2000.2.
NATIONAL INTEREST (ENABLING POWERS) ACT
Amended by:
V. 2000.2.
To enable the implementation of certain treaties and measures and the
restriction of trade and travel where the national or international interest
of Malta so requires and to enable effect to be given to certain provisions
of the Charter of the United Nations.
3rd August, 1993
Act XX of 1993 as amended by Act V of 2000.
Title.
Substituted by:
V. 2000.2.
l. The title of this Act is National Interest (Enabling Powers)
Act.
Interpretation.
Amended by:
V. 2000.3.
2. In this Act -
"Charter" means the Charter of the United Nations signed at San
Francisco on the 26th June, 1945;
"international treaty" includes any bilateral or regional treaty;
"prohibition" includes restriction and regulation including the
obligation to report or register any activity or transaction, and
prohibition of trade includes the interruption or reduction of
economic relations;
"Security Council" means the Security Council established under
Chapter V of the Charter;
"trade" includes the manufacture, assembly or processing of
goods as well as the provision of services including the movement
of capital, payments and other financial services, as well as the
transfer of technological and scientific knowledge;
"United Nations" means the international organisation set up by
the Charter.
Power of the Prime 
Minister to make 
regulations.
Amended by:
V. 2000.4.
3. ( 1 ) Whenever the Security Council, acting under Article
forty-one of Chapter VII of the Charter, calls upon member states
of the United Nations to apply any measures to give effect to any
decision of the said Security Council  ( being measures not involving
the use of armed force under Article 42 of the Charter ) , or
whenever an entity or competent authority appointed or set up by or
under the Charter advices, directs or orders member states of the
United Nations to take such action as may be advised, directed or
ordered by that entity or competent authority, the Prime Minister
may, subject to the provisions of sub-articles (4), (7) and (8) of this
article, make regulations as appear to him necessary or expedient
for the implementation of such measures or action.
( 2 ) Whenever the House of Representatives ratifies or
authorises the ratification of an international treaty or whenever
such ratification or authorisation is made or given by an Act of
Parliament, the Prime Minister may, subject to the provisions of
sub-articles (4), (7) and (8) of this article, make regulations as
appear to him to be necessary or expedient to give effect to any of
  2      CAP. 365. ]         NATIONAL INTEREST (ENABLING POWERS)
the provisions of that treaty or to give effect to any advice,
direction or order of any entity or competent authority appointed or
set up by or under any such international treaty and any such
regulations shall contain the text of the Resolution of the House of
Representatives ratifying or authorising the ratification of that
treaty or shall contain a reference to the Act of Parliament by which
the ratification is made or authorisation given, as the case may be.
(3) Whenever the Prime Minister considers that the national or
international interests of Malta so require, he may by regulations
under this Act and subject to the provisions of sub-articles (7) and
(8), order the prohibition of trade with other countries, either in
general or with any country or countries or part thereof, or the
prohibition of travel to and from any country or countries or part
thereof, as may be stated in the regulations.
(4) Regulations made under sub-article (1) or (2) shall contain
the text of the recommendation, resolution or decision of the
Security Council or of the advice, direction or order of the entity or
competent authority containing those measures or action which the
regulations are intended to implement.
(5) Regulations made under this article may be made applicable
to persons in Malta, persons resident in Malta, to citizens of Malta
wherever they may be or to vessels, aircraft or other means of
transport registered in or belonging to Malta or travelling to or
from such countries as the Prime Minister may in the regulations
determine.
(6) Regulations made under this article may also provide for
such measures as may be necessary for such regulations to be
effectively applied including the cancellation or the suspension of
any obligation arising under any agreement, and without prejudice
of the foregoing such regulations may provide for the
apprehension, trial and punishment of persons offending against
such regulations.
Cap. 9.
( 7 ) When regulations made under this article provide for the
trial and punishment of persons offending against those
regulations, the Court of Magistrates  ( Malta )  and the Court of
Magistrates  ( Gozo ) , as courts of criminal judicature, shall,
notwithstanding the provisions of article 370 of the Criminal Code,
be competent to try all offences against those regulations.
( 8 ) ( a ) When regulations made under this article provide for
the punishment of deprivation of liberty or for
pecuniary punishments, or for both, such punishment
shall not, in the case of deprivation of liberty, exceed
the term of imprisonment of five years and, in the case
of pecuniary punishment, exceed a fine  ( multa )  of fifty
thousand liri; and
( b ) Where the facts constituting a breach of a regulation
under this Act also constitute a breach of any other law
prohibiting all the facts prohibited by the particular
regulation, proceedings shall not be taken in respect of
the breach of the regulations under this Act but only in
respect of the breach of the other law.
