UNITED NATIONS SANCTIONS (IRAQ) ġ S.L.365.16 1
SUBSIDIARY LEGISLATION 365.16
UNITED NATIONS SANCTIONS (IRAQ) 
REGULATIONS
5th September, 2003
LEGAL NOTICE 229 of 2003.
Citation.
Sanctions (Iraq) Regulations.
Interpretation.
Cap. 365.
''the Authority'' means such States working under unified
command;
''the Committee'' means the Committee mentioned in paragraph
19 of the Resolution referred to in regulation 3 hereof.
Text of Resolution 
1483 (2003).
3. For the purpose of article 3(4) of the Act, Resolution
number 1483 (2003) adopted by the Security Council of the United
Nations on the 22nd May, 2003 is published in the English
language in the Schedule.
Prohibition of trade 
or transfer of 
cultural property.
4. Notwithstanding any other law, the trading or transfer, in
any manner whatsoever, by any person in Malta or by any citizen or
permanent resident of Malta, whether in Malta or elsewhere, or by
using their flag vessels or aircraft, of Iraqi cultural property and
other items of archaeological, historical, cultural, rare scientific
and religious importance, illegally removed or suspected to have
been illegally removed from the Iraq National Museum, the
National Library or other locations in Iraq, is prohibited.
Prohibition of sales 
or supply of 
materiel related to 
arms.
5. Notwithstanding any other law, the sale or supply, in any
manner whatsoever, by any person in Malta or by any citizen or
permanent resident of Malta, whether in Malta or elsewhere, or by
using their flag vessels or aircraft, of arms and related materiel to
Iraq, other than those arms and related materiel required by the
Authority, is prohibited.
Notification about 
freezing of assets.
6. (1) Where any provision of any regulation made under the
Act requires any person or any other entity, hereinafter ''a subject
person'', to carry out the identification of funds or assets belonging
to or in the possession of persons or entities as may be identified or
are identifiable under any regulations made in terms of the Act, or
the freezing or blocking of such funds or assets, any subject person
whose activities are subject to a licence, as described in
subregulation (2), shall without delay notify in writing any relevant
information it may have regarding persons, entities, assets or funds
affected by the requirements of identification or freezing and
blocking of funds to its licensing authority within the meaning of
subregulation (2) hereof; and such licensing authority shall pass
such relevant information to the Sanctions Monitoring Board
established under the Act, or to such other public authority as may
2 ġ S.L.365.16 UNITED NATIONS SANCTIONS (IRAQ)
be prescribed, for the purposes of the Act.
(2) In this regulation -
Cap. 371.
Cap. 370.
Cap. 403.
Cap. 404.
Cap. 345.
( a ) ''licence'' means any licence or other form of
authorisation required to be issued under the Banking
Act, the Investment Services Act, the Insurance
Business Act, the Insurance Brokers and Other
Intermediaries Act, the Financial Markets Act and
such other licence or authorisation as may be
prescribed from time to time; and
( b ) ''licensing authority'' means the competent authority or
other regulatory body authorised to issue any of the
licences mentioned in paragraph ( a ).
Cap. 377.
(3) The disclosure of any information within the terms and
requirements of this regulation shall not constitute a breach of the
Professional Secrecy Act, where applicable, or of any other
confidentiality obligation arising from a contract or any other law.
(4) Any funds or other financial assets or economic resources
of the previous Government of Iraq or its state bodies,
corporations, or agencies, located outside Iraq on the 22nd May,
2003 or funds or other financial assets or economic resources that
have been removed from Iraq, or acquired by Saddam Hussein or
other senior officials of the former Iraqi regime and their
immediate family members, including entities owned or controlled,
directly or indirectly, by them or by persons acting on their behalf
or at their direction, as designated by the Committee, are
immediately frozen and cannot be in any way transferred to the
person or entities herein before referred to.
Penalty. 7. Any person found guilty of an offence against these
regulations shall, on conviction, be liable to a fine ( multa ) not
exceeding fifty thousand Maltese liri.
UNITED NATIONS SANCTIONS (IRAQ) ġ S.L.365.16 3
SCHEDULE
(Regulation 3)
Resolution 1483 (2003) adopted by the Security Council of the United Nations
at its 4761st meeting, on the 22 nd May, 2003
The Security Council ,
Recalling  all its previous relevant resolutions,
Reaffirming  the sovereignty and territorial integrity of Iraq,
Reaffirming  also the importance of the disarmament of Iraqi weapons of mass
destruction and of eventual confirmation of the disarmament of Iraq,
Stressing  the right of the Iraqi people freely to determine their own political future
and control their own natural resources,  welcoming  the commitment of all parties
concerned to support the creation of an environment in which they may do so as soon
as possible, and  expressing  resolve that the day when Iraqis govern themselves must
come quickly,
Encouraging  efforts by the people of Iraq to form a representative government
based on the rule of law that affords equal rights and justice to all Iraqi citizens
without regard to ethnicity, religion, or gender, and, in this connection,  recalls
resolution 1325 (2000) of 31 October 2000,
Welcoming  the first steps of the Iraqi people in this regard, and  noting  in this
connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad
statement,
Resolved  that the United Nations should play a vital role in humanitarian relief,
the reconstruction of Iraq, and the restoration and establishment of national and local
institutions for representative governance,
Noting  the statement of 12 April 2003 by the Ministers of Finance and Central
Bank Governors of the Group of Seven Industrialized Nations in which the members
recognized the need for a multilateral effort to help rebuild and develop Iraq and for
the need for assistance from the International Monetary Fund and the World Bank in
these efforts,
Welcoming  also the resumption of humanitarian assistance and the continuing
efforts of the Secretary-General and the specialized agencies to provide food and
medicine to the people of Iraq,
Welcoming  the appointment by the Secretary-General of his Special Adviser on
Iraq,
Affirming  the need for accountability for crimes and atrocities committed by the
previous Iraqi regime,
Stressing  the need for respect for the archaeological, historical, cultural, and
religious heritage of Iraq, and for the continued protection of archaeological,
historical, cultural, and religious sites, museums, libraries, and monuments,
Noting  the letter of 8 May 2003 from the Permanent Representatives of the United
States of America and the United Kingdom of Great Britain and Northern Ireland to
the President of the Security Council (Sċ2003ċ538) and recognizing the specific
authorities, responsibilities, and obligations under applicable international law of
these states as occupying powers under unified command (the ''Authority''),
Noting further  that other States that are not occupying powers are working now or
in the future may work under the Authority,
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Welcoming further  the willingness of Member States to contribute to stability and
security in Iraq by contributing personnel, equipment, and other resources under the
Authority,
Concerned  that many Kuwaitis and Third-State Nationals still are not accounted
for since 2 August 1990,
Determining  that the situation in Iraq, although improved, continues to constitute
a threat to international peace and security,
Acting  under Chapter VII of the Charter of the United Nations,
1. Appeals  to Member States and concerned organizations to assist the people
of Iraq in their efforts to reform their institutions and rebuild their country, and to
contribute to conditions of stability and security in Iraq in accordance with this
resolution;
2. Calls upon  all Member States in a position to do so to respond immediately
to the humanitarian appeals of the United Nations and other international
organizations for Iraq and to help meet the humanitarian and other needs of the Iraqi
people by providing food, medical supplies, and resources necessary for
reconstruction and rehabilitation of Iraq’s economic infrastructure;
3   Appeals  to Member States to deny safe haven to those members of the
previous Iraqi regime who are alleged to be responsible for crimes and atrocities and
to support actions to bring them to justice;
4. Calls upon  the Authority, consistent with the Charter of the United Nations
and other relevant international law, to promote the welfare of the Iraqi people
through the effective administration of the territory, including in particular working
towards the restoration of conditions of security and stability and the creation of
conditions in which the Iraqi people can freely determine their own political future;
5. Calls upon  all concerned to comply fully with their obligations under
international law including in particular the Geneva Conventions of 1949 and the
Hague Regulations of 1907;
6. Calls upon  the Authority and relevant organizations and individuals to
continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State
Nationals or the remains of those present in Iraq on or after 2 August 1990, as well
as the Kuwaiti archives, that the previous Iraqi regime failed to undertake, and, in
this regard, directs the High-Level Coordinator, in consultation with the
International Committee of the Red Cross and the Tripartite Commission and with
the appropriate support of the people of Iraq and in coordination with the Authority,
to take steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State
National missing persons and property;
7. Decides  that all Member States shall take appropriate steps to facilitate the
safe return to Iraqi institutions of Iraqi cultural property and other items of
archaeological, historical, cultural, rare scientific, and religious importance illegally
removed from the Iraq National Museum, the National Library, and other locations
in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by
establishing a prohibition on trade in or transfer of such items and items with respect
to which reasonable suspicion exists that they have been illegally removed, and  calls
upon  the United Nations Educational, Scientific, and Cultural Organization,
Interpol, and other international organizations, as appropriate, to assist in the
implementation of this paragraph;
8. Requests the Secretary-General to appoint a Special Representative for Iraq
whose independent responsibilities shall involve reporting regularly to the Council
UNITED NATIONS SANCTIONS (IRAQ) ġ S.L.365.16 5
on his activities under this resolution, coordinating activities of the United Nations
in post-conflict processes in Iraq, coordinating among United Nations and
international agencies engaged in humanitarian assistance and reconstruction
activities in Iraq, and, in coordination with the Authority, assisting the people of Iraq
through:
(a) coordinating humanitarian and reconstruction assistance by United
Nations agencies and between United Nations agencies and non-
governmental organizations;
(b) promoting the safe, orderly, and voluntary return of refugees and
displaced persons;
(c) working intensively with the Authority, the people of Iraq, and others
concerned to advance efforts to restore and establish national and local
institutions for representative governance, including by working
together to facilitate a process leading to an internationally recognized,
representative government of Iraq;
(d) facilitating the reconstruction of key infrastructure, in cooperation with
other international organizations;
(e) promoting economic reconstruction and the conditions for sustainable
development, including through coordination with national and regional
organizations, as appropriate, civil society, donors, and the international
financial institutions;
(f) encouraging international efforts to contribute to basic civilian
administration functions;
(g) promoting the protection of human rights;
(h) encouraging international efforts to rebuild the capacity of the Iraqi
civilian police force; and
(i) encouraging international efforts to promote legal and judicial reform;
9. Supports  the formation, by the people of Iraq with the help of the Authority
and working with the Special Representative, of an Iraqi interim administration as a
transitional administration run by Iraqis, until an internationally recognized,
representative government is established by the people of Iraq and assumes the
responsibilities of the Authorityġ
10. Decides  that, with the exception of prohibitions related to the sale or supply
to Iraq of arms and related materiel other than those arms and related materiel
required by the Authority to serve the purposes of this and other related resolutions,
all prohibitions related to trade with Iraq and the provision of financial or economic
resources to Iraq established by resolution 661 (1990) and subsequent relevant
resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer
apply;
11. Reaffirms  that Iraq must meet its disarmament obligations, encourages the
United Kingdom of Great Britain and Northern Ireland and the United States of
America to keep the Council informed of their activities in this regard, and
underlines the intention of the Council to revisit the mandates of the United Nations
Monitoring, Verification, and Inspection Commission and the International Atomic
Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999) of
17 December 1999, and 1441 (2002) of 8 November 2002;
12. Notes  the establishment of a Development Fund for Iraq to be held by the
Central Bank of Iraq and to be audited by independent public accountants approved
by the International Advisory and Monitoring Board of the Development Fund for
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Iraq and looks forward to the early meeting of that International Advisory and
Monitoring Board, whose members shall include duly qualified representatives of
the Secretary-General, of the Managing Director of the International Monetary Fund,
of the Director-General of the Arab Fund for Social and Economic Development,
and of the President of the World Bank;
13. Notes further  that the funds in the Development Fund for Iraq shall be
disbursed at the direction of the Authority, in consultation with the Iraqi interim
administration, for the purposes set out in paragraph 14 below;
14. Underlines  that the Development Fund for Iraq shall be used in a transparent
manner to meet the humanitarian needs of the Iraqi people, for the economic
reconstruction and repair of Iraq’s infrastructure, for the continued disarmament of
Iraq, and for the costs of Iraqi civilian administration, and for other purposes
benefiting the people of Iraq;
15. Calls upon  the international financial institutions to assist the people of Iraq
in the reconstruction and development of their economy and to facilitate assistance
by the broader donor community, and welcomes the readiness of creditors, including
those of the Paris Club, to seek a solution to Iraq’s sovereign debt problems;
16. Requests  also that the Secretary-General, in coordination with the Authority,
continue the exercise of his responsibilities under Security Council resolution 1472
(2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of six
months following the adoption of this resolution, and terminate within this time
period, in the most cost effective manner, the ongoing operations of the ''Oil-for-
Food'' Programme (the ''Programme''), both at headquarters level and in the field,
transferring responsibility for the administration of any remaining activity under the
Programme to the Authority, including by taking the following necessary measures:
(a) to facilitate as soon as possible the shipment and authenticated delivery
of priority civilian goods as identified by the Secretary-General and
representatives designated by him, in coordination with the Authority
and the Iraqi interim administration, under approved and funded
contracts previously concluded by the previous Government of Iraq, for
the humanitarian relief of the people of Iraq, including, as necessary,
negotiating adjustments in the terms or conditions of these contracts and
respective letters of credit as set forth in paragraph 4(d) of resolution
1472 (2003);
(b) to review, in light of changed circumstances, in coordination with the
Authority and the Iraqi interim administration, the relative utility of
each approved and funded contract with a view to determining whether
such contracts contain items required to meet the needs of the people of
Iraq both now and during reconstruction, and to postpone action on
those contracts determined to be of questionable utility and the
respective letters of credit until an internationally recognized,
representative government of Iraq is in a position to make its own
determination as to whether such contracts shall be fulfilled;
(c) to provide the Security Council within 21 days following the adoption
of this resolution, for the Security Council’s review and consideration,
an estimated operating budget based on funds already set aside in the
account established pursuant to paragraph 8(d) of resolution 986 (1995)
of 14 April 1995, identifying:
(i) all known and projected costs to the United Nations required to
ensure the continued functioning of the activities associated with
implementation of the present resolution, including operating and
UNITED NATIONS SANCTIONS (IRAQ) ġ S.L.365.16 7
administrative expenses associated with the relevant United
Nations agencies and programmes responsible for the
implementation of the Programme both at Headquarters and in the
field;
(ii) all known and projected costs associated with termination of the
Programme;
(iii) all known and projected costs associated with restoring
Government of Iraq funds that were provided by Member States
to the Secretary-General as requested in paragraph 1 of resolution
778 (1992); and
(iv) all known and projected costs associated with the Special
Representative and the qualified representative of the Secretary-
General identified to serve on the International Advisory and
Monitoring Board, for the six month time period defined above,
following which these costs shall be borne by the United Nations;
(d) to consolidate into a single fund the accounts established pursuant to
paragraphs 8(a) and 8 (b) of resolution 986 (1995);
(e) to fulfil all remaining obligations related to the termination of the
Programme, including negotiating, in the most cost effective manner,
any necessary settlement payments, which shall be made from the
escrow accounts established pursuant to paragraphs 8(a) and 8(b) of
resolution 986 (1995), with those parties that previously have entered
into contractual obligations with the Secretary-General under the
Programme, and to determine, in coordination with the Authority and
the Iraqi interim administration, the future status of contracts
undertaken by the United Nations and related United Nations agencies
under the accounts established pursuant to paragraphs 8(b) and 8(d) of
resolution 986 (1995);
(f) to provide the Security Council, 30 days prior to the termination of the
Programme, with a comprehensive strategy developed in close
coordination with the Authority and the Iraqi interim administration that
would lead to the delivery of all relevant documentation and the transfer
of all operational responsibility of the Programme to the Authority;
17. Requests further  that the Secretary-General transfer as soon as possible to
the Development Fund for Iraq 1 billion United States dollars from unencumbered
funds in the accounts established pursuant to paragraphs 8(a) and 8(b) of resolution
986 (1995), restore Government of Iraq funds that were provided by Member States
to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and
decides  that, after deducting all relevant United Nations expenses associated with
the shipment of authorized contracts and costs to the Programme outlined in
paragraph 16(c) above, including residual obligations, all surplus funds in the
escrow accounts established pursuant to paragraphs 8(a), 8(b), 8(d), and 8(f) of
resolution 986 (1995) shall be transferred at the earliest possible time to the
Development Fund for Iraq;
18. Decides  to terminate effective on the adoption of this resolution the
functions related to the observation and monitoring activities undertaken by the
Secretary-General under the Programme, including the monitoring of the export of
petroleum and petroleum products from Iraq;
19. Decides  to terminate the Committee established pursuant to paragraph 6 of
resolution 661 (1990) at the conclusion of the six month period called for in
paragraph 16 above and  further decides  that the Committee shall identify individuals
8 ġ S.L.365.16 UNITED NATIONS SANCTIONS (IRAQ)
and entities referred to in paragraph 23 below;
20. Decides  that all export sales of petroleum, petroleum products, and natural
gas from Iraq following the date of the adoption of this resolution shall be made
consistent with prevailing international market best practices, to be audited by
independent public accountants reporting to the International Advisory and
Monitoring Board referred to in paragraph 12 above in order to ensure transparency,
and  decides further  that, except as provided in paragraph 21 below, all proceeds
from such sales shall be deposited into the Development Fund for Iraq until such
time as an internationally recognized, representative government of Iraq is properly
constituted;
21. Decides further  that 5 per cent of the proceeds referred to in paragraph 20
above shall be deposited into the Compensation Fund established in accordance with
resolution 687 (1991) and subsequent relevant resolutions and that, unless an
internationally recognized, representative government of Iraq and the Governing
Council of the United Nations Compensation Commission, in the exercise of its
authority over methods of ensuring that payments are made into the Compensation
Fund, decide otherwise, this requirement shall be binding on a properly constituted,
internationally recognized, representative government of Iraq and any successor
thereto;
22. Noting  the relevance of the establishment of an internationally recognized,
representative government of Iraq and the desirability of prompt completion of the
restructuring of Iraq’s debt as referred to in paragraph 15 above, further  decides  that,
until December 31, 2007, unless the Council decides otherwise, petroleum,
petroleum products, and natural gas originating in Iraq shall be immune, until title
passes to the initial purchaser from legal proceedings against them and not be subject
to any form of attachment, garnishment, or execution, and that all States shall take
any steps that may be necessary under their respective domestic legal systems to
assure this protection, and that proceeds and obligations arising from sales thereof,
as well as the Development Fund for Iraq, shall enjoy privileges and immunities
equivalent to those enjoyed by the United Nations except that the above-mentioned
privileges and immunities will not apply with respect to any legal proceeding in
which recourse to such proceeds or obligations is necessary to satisfy liability for
damages assessed in connection with an ecological accident, including an oil spill,
that occurs after the date of adoption of this resolution;
23. Decides  that all Member States in which there are:
(a) funds or other financial assets or economic resources of the previous
Government of Iraq or its state bodies, corporations, or agencies,
located outside Iraq as of the date of this resolution, or
(b) funds or other financial assets or economic resources that have been
removed from Iraq, or acquired, by Saddam Hussein or other senior
officials of the former Iraqi regime and their immediate family
members, including entities owned or controlled, directly or indirectly,
by them or by persons acting on their behalf or at their direction,
shall freeze without delay those funds or other financial assets or economic
resources and, unless these funds or other financial assets or economic resources are
themselves the subject of a prior judicial, administrative, or arbitral lien or
judgement, immediately shall cause their transfer to the Development Fund for Iraq,
it being understood that, unless otherwise addressed, claims made by private
individuals or non-government entities on those transferred funds or other financial
assets may be presented to the internationally recognized, representative government
of Iraq; and  decides further  that all such funds or other financial assets or economic
UNITED NATIONS SANCTIONS (IRAQ) ġ S.L.365.16 9
resources shall enjoy the same privileges, immunities, and protections as provided
under paragraph 22;
24. Requests  the Secretary-General to report to the Council at regular intervals
on the work of the Special Representative with respect to the implementation of this
resolution and on the work of the International Advisory and Monitoring Board and
encourages the United Kingdom of Great Britain and Northern Ireland and the
United States of America to inform the Council at regular intervals of their efforts
under this resolution;
25. Decides  to review the implementation of this resolution within twelve
months of adoption and to consider further steps that might be necessary;
26. Calls upon  Member States and international and regional organizations to
contribute to the implementation of this resolution;
27. Decides  to remain seized of this matter.
