The mandate of the Committee established pursuant to resolution 1718 (2006), is defined in paragraph 12 of resolution 1718 (2006) and expanded by paragraphs 24 and 25 of resolution 1874 (2009), paragraph 12 of resolution 2087 (2013) and paragraphs 21, 27 and 28 of resolution 2094 (2013).
The Committee decides on a requests for designation of an individual and/or entity referred to in paragraph 8 (d) and/or 8 (e) of resolution 1718 (2006), on the basis of established criteria, when it receives the request for designation and relevant information with respect to that individual or entity. The criteria for designation for individuals and entities is engaging in or providing support for, including through other illicit means, DPRK’s nuclear-related, other weapons of mass destruction-related and ballistic missile/weapons of mass destruction related programmes, or by persons or entities acting on their behalf or at their direction.
UNSCR 1718 (2006)
“8(d) All Member States shall, in accordance with their respective legal processes, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of the adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons or entities designated by the Committee or by the Security Council as being engaged in or providing support for, including through other illicit means, DPRK’s nuclear-related, other weapons of mass destruction-related and ballistic missile related programmes, or by persons or entities acting on their behalf or at their direction, and ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of such persons or entities;
8(e) All Member States shall take the necessary steps to prevent the entry into or transit through their territories of the persons designated by the Committee or by the Security Council as being responsible for, including through supporting or promoting, DPRK policies in relation to the DPRK’s nuclear-related, ballistic missile-related and other weapons of mass destruction-related programmes, together with their family members, provided that nothing in this paragraph shall oblige a state to refuse its own nationals entry into its territory;”
The Sanctions Monitoring Board may propose designations to the 1718 Committee following reports it receives from law enforcement authorities. Please see link Procedure for the Listing of Individuals and Entities.
De-Listing
A petitioner can submit a request for delisting to the Focal Point for Delisting in accordance with the 1718 Sanctions Committee Guidelines (link below).
Alternatively, provided the petitioner is a Maltese national or a person who is resident in Malta, the request for delisting can be submitted to the Sanctions Monitoring Board, which will then submit it to the 1718 Sanctions Committee in accordance with the procedure stated in the 1718 Sanctions Committee Guidelines.
Link to the 1718 Committee Guidelines
https://www.un.org/sc/suborg/en/sanctions/1718/committee-guidelines
Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006)https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:
Focal Point for De-listing
Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email: delisting@un.org
Submissions to the focal point are subject to the procedure as established in resolution 1730 (2006).
http://unscr.com/en/resolutions/1730
The Sanctions Monitoring Board can be contacted in writing enclosing any relevant material on the following address:
The Chairman
Sanctions Monitoring Board
Ministry for Foreign and European Affairs and Trade
Palazzo Parisio
Merchants Street,
Valletta.
Additionally a copy of the petition and documents may be sent in writing on sanctions.mftp@gov.mt.
Deceased Individuals
In order to request the delisting of a deceased individual who was a Maltese national or was resident in Malta, the legal beneficiary shall submit a request to the Sanctions Monitoring Board for onward transission to the 1718 Sanctions Committee. The request is to be made in accordance with the 1718 Sanctions Committee Guildelines as linked hereunder:
https://www.un.org/sc/suborg/en/sanctions/1988/guidelines
Alternatively, the deceased individual’s legal beneficiary may submit the request to the Focal Point for Delisting together with official documentation certifying death.
Petitions to the Focal Point for Delisting established pursuant to resolution 1730 (2006)https://www.un.org/sc/suborg/en/s/res/1730-%282006%29. https://www.un.org/sc/suborg/en/sanctions/delisting can be sent to:
Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel. +1 917 367 9448
Fax. +1 212 963 1300
Email: delisting@un.org
The Sanctions Monitoring Board can be contacted in writing enclosing any relevant material on the following address:
The Chairman
Sanctions Monitoring Board
Ministry for Foreign and European Affairs and Trade
Palazzo Parisio
Merchants Street,
Valletta.
Requests for Exemption to the Asset Freeze
Requests from petitioners for the unfreezing of funds or other financial assets or economic resources may be submitted to the Sanctions Monitoring Board for the purposes stated in paragraph 9 of Resolution 1718 (2006)
9(a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within five working days of such notification;
9(b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee; or
9(c) To be subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered prior to the date of the present resolution, is not for the benefit of a person referred to in paragraph 8 (d) above or an individual or entity identified by the Security Council or the Committee, and has been notified by the relevant States to the Committee;’
The Sanctions Monitoring Board may be contacted in writing enclosing any relevant material on the following address:
The Chairman
Sanctions Monitoring Board
Ministry for Foreign and European Affairs and Trade
Palazzo Parisio
Merchants Street,
Valletta.
Additionally a copy of the petition and documents may be sent in writing on sanctions.mftp@gov.mt .
Should the Sanctions Monitoring Board determine that the request is justified on the basis of paragraph 9 of UNSCR 1718 it will send all material to the 1718 Sanctions Committee for its consideration. The request will be made in accordance with the Guidelines of the 1718 Sanctions Committee inked hereunder:
https://www.un.org/sc/suborg/en/sanctions/1718/committee-guidelines
Requests for Exemptions to Travel Restrictions
Requests from petitioners who are listed for exemptions to travel restrictions may be submitted to the Sanctions Monitoring Board for the purposes stated in paragraph 10 of Resolution 1718 (2006),whereupon receipt of such request, the Sanction Monitoring Board will seek the seek the approval of the 1718 Sanctions Committee. The 1718 Sanctions Committee will consider such requests where such travel is justified on the ground of humanitarian need, including religious obligation or when the 1718 Sanctions Committee determines that the exemption would otherwise further the objectives of UNSCR 1718.
Petitioners may submit a request to the Sanctions Monitoring Board if Malta is the country of nationality, or residence or transit or destination in accordance with the 1718 Sanctions Committee Guildeines as per following link :
https://www.un.org/sc/suborg/en/sanctions/1988/guidelines
The Sanctions Monitoring Board may be contacted in writing enclosing any relevant material on the following address:
The Chairman
Sanctions Monitoring Board
Ministry for Foreign and European Affairs and Trade
Palazzo Parisio
Merchants Street,
Valletta.
Additionally a copy of the petition and documents may be sent in writing on sanctions.mftp@gov.mt.
