S.L. 653.3 Art. 3ATransit of dual-use items.

(1) The Director may prohibit the transit of non-

Community dual-use items listed in Annex I of the Council

Regulations if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Council Regulation. When deciding on such a prohibition, the Director shall take into account the obligations and commitments Malta has agreed to as a party to international treaties or as a member of international non-proliferation regimes.

(2) Before deciding whether or not to prohibit a transit, the Director may impose in individual cases an authorisation requirement for the specific transit of dual-use items listed in Annex I of the Council Regulations if the items are or may be intended in their entirety or in part for the uses mentioned in Article 4(1) of the Council Regulation.

(3) The Director may prohibit the transit of non-Community dual-use items not listed in Annex I for uses referred to in Article 4(1) of the Council Regulation and to dual-use items for military end use and destinations referred to in Article 4(2) of the Council Regulation. When deciding on such a prohibition, the Director shall take into account the obligations and commitments Malta has agreed to as a party to international treaties or as a member of international non-proliferation regimes.

(4) Subregulation (2) shall also apply to the transit of non-Community dual-use items not listed in Annex I of Council Regulation referred to in subregulation (3).

(5) Subregulations (1), (2), (3) and (4) shall also apply to items which are transboarded from one vessel or aircraft onto another.