UN Security Council, Security Council resolution 1373 (2001) [on threats to international peace and security caused by terrorist acts], 28 September 2001

UNSCR 1373 (2001) places an obligation on states to:

(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 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 person

In the fulfilment of Malta’s obligations under UNSCR 1373 (2001), the Sanctions Monitoring Board and the Attorney General, acting on their own initiative, or following a report received from the Law Enforcement Authorities or Intelligence Services, may take steps to recommend the listing of individuals and entities through an order issued by clause 3 (4) of the National Interest (Enabling Powers) Act.

Petitioners listed through the above mentioned procedure may make an application before the First Hall Civil Court requesting the cancellation of the order made in accordance with clause 3 (4). Petitioners may also submit an appeal to the Sanctions Monitoring Board.


Review of National Listings / Petitions by Persons inadvertently Designated due to a Similar Name

The same procedure would be applicable in case of de-listing an individual or entity and the application would need to be submitted by the legal beneficiary together with all documentation certifying the deceased status of the individual or defunct status or the entity.