UNITED NATIONS SANCTIONS (SOMALIA) ġ S.L.365.04 1
SUBSIDIARY LEGISLATION 365.04
UNITED NATIONS SANCTIONS (SOMALIA) 
REGULATIONS
14th February, 1995
LEGAL NOTICE 17 of 1995, as amended by Legal Notices 201 of 2001
and 312 of 2002.
Citation.
Sanctions (Somalia) Regulations.
Interpretation.
Cap. 9.
"weapons" means arms proper as defined in article 64(1) of the
Criminal Code and includes every component part thereof and any
accessory thereto.
Text of Resolution.
Substituted by:
L.N. 201 of 2001.
Cap. 365.
3. For the purposes of article 3(4) of the National Interest
(Enabling Powers) Act the Resolutions are published in the English
Language in the Schedules.
Prohibitions.
Amended by:
L.N. 201 of 2001;
L.N. 312 of 2002.
4. (1) The supply in any manner whatsoever, by any person in
Malta or by any citizen or permanent resident of Malta, whether in
Malta or elsewhere, of any weapons or military equipment to any
person or entity in Somalia is prohibited:
Provided that this prohibition shall not apply to protective
clothing, including flak jackets and military helmets, temporarily
exported to Somalia by United Nations personnel, representatives
of the media and humanitarian and development workers and
associated personnel for their personal use only:
Provided further that this prohibition shall not apply to
supplies of non-lethal military equipment intended solely for
humanitarian or protective use, as approved in advance by the
Committee established pursuant to resolution 751(1992).
(2) The supply in any manner whatsoever, by any person in
Malta or by any citizen or permanent resident of Malta, whether in
Malta or elsewhere, of any technical advice, financial and other
assistance, or training related to military activities, to Somalia is
prohibited.
Penalty.
regulations shall, on conviction, be liable to a fine ( multa ) not
exceeding fifty thousand liri.
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Adopted by the Security Council at its 3039th meeting, on 23rd January, 1992
The Security Council
Considering  the request by Somalia for the Security Council to consider the
situation in Somalia,
Having heard  the report of the Secretary-General on the situation in Somalia and
commending the initiative taken by him in the humanitarian field,
Gravely alarmed  at the rapid deterioration of the situation in Somalia and the
heavy loss of human life and widespread material damage resulting from the conflict
in the country and aware of its consequences on stability and peace in the region,
Concerned  that the continuation of this situation constitutes, as stated in the
report of the Secretary-General, a threat to international peace and security,
Recalling  its primary responsibility under the Charter of the United Nations for
the maintenance of international peace and security,
Recalling also  the provisions of Chapter VIII of the Charter,
Expressing  its appreciation to the international and regional organizations that
have provided assistance to the populations affected by the conflict and deploring
that personnel of these organizations have lost their lives in the exercise of their
humanitarian tasks,
Taking note  of the appeals addressed to the parties by the Chairman of the
Organization of the Islamic Conference on 16 December 1991, the Secretary-
General of the Organization of African Unity on 18 December 1991 and the League
of Arab States on 5 January 1992,
1. Takes note  of the report of the Secretary-General on the situation in
Somalia and expresses its concern with the situation prevailing in that country;
2. Requests  the Secretary-General immediately to undertake the necessary
actions to increase humanitarian assistance by the United Nations and its specialized
agencies to the affected population in all parts of Somalia in liaison with the other
international humanitarian organizations and to this end to appoint a coordinator to
oversee the effective delivery of this assistance;
3. Also requests  the Secretary-General of the United Nations, in cooperation
with the Secretary-General of the Organization of African Unity and the Secretary-
General of the League of Arab States, immediately to contact all parties involved in
the conflict, to seek their commitment to the cessation of hostilities in order to
permit the humanitarian assistance to be distributed, to promote a cease-fire and
compliance therewith, and to assist in the process of a political settlement of the
conflict in Somalia;
4. Strongly urges  all parties to the conflict immediately to cease hostilities
and agree to a cease-fire and to promote the process of reconciliation and of political
settlement in Somalia;
5. Decides , under Chapter VII of the Charter of the United Nations, that all
States shall, for the purposes of establishing peace and stability in Somalia,
Amended by:
L.N. 201 of 2001. FIRST SCHEDULE Regulation 3
RESOLUTION 733 (1992)
UNITED NATIONS SANCTIONS (SOMALIA) ġ S.L.365.04 3
immediately implement a general and complete embargo on all deliveries of
weapons and military equipment to Somalia until the Council decides otherwise;
6. Calls on  all States to refrain from any action which might contribute to
increasing tension and to impeding or delaying a peaceful and negotiated outcome to
the conflict in Somalia, which would permit all Somalis to decide upon and to
construct their future in peace;
7. Calls upon  all parties to cooperate with the Secretary-General to this end
and I to facilitate the delivery by the United Nations, its specialized agencies and
other humanitarian organizations of humanitarian assistance to all those in need of it,
under the supervision of the coordinator;
8. Urges  all parties to take all the necessary measures to ensure the safety of
personnel sent to provide humanitarian assistance, to assist them in their tasks and to
ensure full respect for the rules and principles of international law regarding the
protection of civilian populations;
9. Calls upon  all States and international organizations to contribute to the
efforts of humanitarian assistance to the population in Somalia;
10. Requests  the Secretary-General to report to the Security Council as soon as
possible on this matter;
11. Decides  to remain seized of the matter until a peaceful solution is achieved.
Adopted by the Security Council on the 19th June, 2001
The Security Council,
Reaffirming  its resolutions 733 (1992) of 23 January 1992 and 751 (1992) of 24
April 1992,
Expressing  its desire to see peace and security return to Somalia,
Recognizing  the ongoing efforts of the United Nations, its specialized agencies
and humanitarian organizations to deliver humanitarian assistance to Somalia,
Acting  under Chapter VII of the Charter of the United Nations,
1. Reiterates  to all States their obligation to comply with the measures imposed
by resolution 733 (1992), and urges each State to take the necessary steps to ensure
full implementation and enforcement of the arms embargo;
2. Decides  that the measures imposed by paragraph 5 of resolution 733 (1992)
shall not apply to protective clothing, including flak jackets and military helmets,
temporarily exported to Somalia by United Nations personnel, representatives of the
media and humanitarian and development workers and associated personnel for their
personal use only;
3. Decides  also that the measures imposed by paragraph 5 of resolution 733
(1992) shall not apply to supplies of non-lethal military equipment intended solely
for humanitarian or protective use, as approved in advance by the Committee
SECOND SCHEDULE Added by:L.N. 201 of 2001.
Regulation 4
RESOLUTION 1356 (2001)
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established pursuant to resolution 751 (1992) (the Committee);
4. Requests  the Committee to give consideration to and decide upon requests
for the exemptions set out in paragraph 3 above;
5. Decides  to remain seized of the matter.
Adopted by the Security Council at its 4580th meeting, on 22 July 2002
The Security Council,
Reaffirming  its previous resolutions concerning the situation in Somalia, in
particular on the weapon and military equipment embargo established by paragraph
5 of resolution 733 (1992) of 23 January 1992 (hereinafter referred to as the "arms
embargo"), resolution 1407 (2002) of 3 May 2002, and the statement of its President
of 28 March 2002 (S/PRST/2002/8),
Noting  with serious concern the continued flow of weapons and ammunition
supplies to and through Somalia from sources outside the country, in contravention
of the arms embargo, which is severely undermining peace and security and the
political efforts for national reconciliation in Somalia,
Reiterating  its call on all States and other actors to comply scrupulously with the
arms embargo, and its insistence that all States, in particular those of the region,
should not interfere in the internal affairs of Somalia. Such interference only further
destabilizes Somalia, contributes to a climate of fear and impacts adversely on
human rights, and could jeopardize the sovereignty, territorial integrity, political
independence and unity of Somalia,
Underlining  the role of the Intergovernmental Authority of Development (IGAD),
in particular the frontline States (Djibouti, Ethiopia and Kenya), in bringing lasting
peace to Somalia, and expressing its support and expectation that the planned
National Reconciliation Conference for Somalia to be held in Nairobi will move
forward as a matter of urgency and with the pragmatic and result-oriented
involvement of the frontline States,
Welcoming  the report of the Secretary-General of 27 June 2002 (S/2002/709) and
the report of the expert team appointed by the Secretary-General (S/2002/722),
detailing the resources and expertise required for a Panel of Experts to generate
independent information on the violations and for improving the enforcement of the
arms embargo, in accordance with resolution 1407 (2002),
Acting  under Chapter VII of the Charter of the United Nations,
1. Stresses  that the arms embargo on Somalia prohibits financing of all
acquisitions and deliveries of weapons and military equipment;
2. Decides  that the arms embargo prohibits the direct or indirect supply to
Somalia of technical advice, financial and other assistance, and training related to
military activities;
3. Requests  the Secretary-General to establish, within one month from the date
Added by:
L.N. 312 of 2002. THIRD SCHEDULE Regulation 4
RESOLUTION 1425 (2002)
UNITED NATIONS SANCTIONS (SOMALIA) ġ S.L.365.04 5
of ado lion of this resolution, in consultation with the committee established by
resolution 751 (1992) of 24 April 1992 (hereinafter referred to as "the Committee"),
a Panel of Experts consisting of three members to be based in Nairobi for a period of
six months, in order to generate independent information on violations of the arms
embargo and as a step towards giving effect to and strengthening the embargo, with
the following mandate:
- investigating the violations of the embargo covering access to Somalia
by land, air and sea, in particular by pursuing any sources that might
reveal information related to violations, including relevant States,
intergovernmental organizations and international law enforcement
cooperation bodies, non-governmental organizations, financial
institutions and intermediaries, other brokering agencies, civil aviation
companies and authorities, members of the Transitional National
Government, local authorities, political and traditional leaders, civil
society and the business community;
- detailing information in relevant areas of expertise related to violations
and measures to give effect to and strengthen the arms embargo in its
various aspects;
- carrying out field based research, where possible, in Somalia, States
neighbouring Somalia and other States, as appropriate;
- assessing the capacity of States in the region to implement fully the
arms embargo, including through a review of national customs and
border control regimes;
- providing recommendations on possible practical steps and measures
for giving effect to and strengthening the arms embargo;
4. Further requests  the Secretary-General to ensure that the Panel of Experts
comprises, and have access to, sufficient expertise in the areas of armament and
financing thereof, civil aviation, maritime transport, and regional affairs, including
specialized knowledge of Somalia, in accordance with the resource requirements,
administrative and financial arrangements outlined in the report of the expert team
pursuant to resolution 1407 (2002);
5. Requests  the Panel of Experts in its work in accordance with its mandate to
take fully into account the recommendations provided in the report of the experts
team pursuant to resolution 1407 (2002), including regarding cooperative
arrangements, methodology and issues related to the strengthening of the arms
embargo;
6. Requests  all States and the Transitional National Government and local
authorities in Somalia to cooperate fully with the Panel of Experts in its quest for
information in accordance with this resolution, including by facilitating visits to
sites and actors and by providing full access to government officials and records, as
required by the Panel of Experts;
7. Calls  again upon all States, in particular those in the region, to provide the
Committee with all available information on violations of the arms embargo;
8. Urges  all other individuals and entities contacted by the Panel of Experts to
cooperate fully by providing relevant information and facilitating its investigations,
including political and traditional leaders, members of the civil society and the
business community, financial institutions and intermediaries, other brokering
agencies, civil aviation companies and authorities, non-governmental organizations,
intergovernmental organizations and international law enforcement cooperation
bodies;
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9. Requests  the Panel of Experts to notify the Security Council immediately,
through the Committee, of any lack of cooperation by the States, authorities,
individuals and entities referred to in paragraphs 6 and 8 above;
10. Further requests  the Panel of Experts to brief the Chairman of the
Committee to inform his mission to the region, scheduled for October 2002, and to
provide an oral briefing to the Council, through the Committee, in November 2002;
11. Requests  the Panel of Experts to submit a final report at the end of its
mandated period to the Security Council, through the Committee, for its
consideration;
12. Requests  the Chairman of the Committee to forward the report of the Panel
of Experts, within two weeks of its reception, to the Security Council for its
consideration;
13. Expresses  its determination to consider the report of the Panel of Experts
and any relevant proposals for follow-up action and recommendations on possible
practical steps for strengthening the arms embargo;
14. Requests  the Secretary-General, in his next report due on 31 October 2002,
to include updates on:
- the activities undertaken to coordinate ongoing peace-building
initiatives and to provide for their incremental expansion, and on the
preparatory activities undertaken on the ground in preparation for a
comprehensive peace-building mission once security conditions permit,
in accordance with the statement of its President of 28 March 2002;
- the technical assistance and cooperation provided to enhance the
administrative and judicial capacities throughout Somalia to contribute
to the monitoring of and giving full effect to the arms embargo, in
accordance with the statement of its President of 28 March 2002 and
resolution 1407 (2002);
- the reporting by States to the Committee on measures they have in place
to ensure the full and effective implementation of the arms embargo, in
accordance with resolution 1407 (2002);
15. Further requests  the Secretary-General to invite Member States to make
contributions to the United Nations Trust Fund for Peace-Building in Somalia,
acknowledging any pledges already made, and to ensure proper coordination among
the involved United Nations agencies in implementing the tasks to be carried out in
accordance with the statement of its President of 28 March 2002;
16. Calls  on Member States to come forward with contributions to the United
Nations activities in support of Somalia, including the Consolidated Inter-Agency
Appeal for 2002;
17. Decides  to remain actively seized of the matter.
