The Sanctions Act upholds Human Rights protections by ensuring that designated persons or entities still can apply for (i) a review and revocation of a designation and (ii) authorisations to deal with frozen assets or make financial services available to meet basic expenses, contractual obligations or extraordinary expenses.
1. PROCEDURES FOR SUBMITTING REQUESTS DIRECTLY TO THE UNSC
(a) Review and revocation of UNSC designations (delisting)
Review and revocation of any persons or entities designated by the UNSC or its Committees are subject to the necessary approval of the UNSC or its Committee pursuant to the relevant UNSCRs. In this regard, the Prime Minister submits requests for the authorisation to the UNSC or its relevant Committee for their consideration and subsequent decision.
A designated person or entity can apply directly to either the Office of the Ombudsperson or the Focal point, depending on which Sanctions Lists the person or entity is inscribed, as explained below.
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A designated person inscribed on the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions List can submit a request for delisting directly to the Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaida Sanctions Committee. The details are accessible via the URL link below:
Ombudsperson to the ISIL (Da’esh) and Al-Qaida Sanctions Committee | United Nations Security Council
Alternatively, the petitioner may contact the Office of the Ombudsperson as follows:
United Nations
Department of Political and Peacebuilding Affairs
Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaida Sanctions Committee
New York, NY 10017
United States of America
Tel: +1 212 963 2671
E-mail: ombudsperson@un.org
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Designated persons or entities inscribed on the 1988, 1718 or 2231 Sanctions Lists can submit a request for delisting directly to the UNSC Focal Point for Delisting at the following URL:
De-listing requests | United Nations Security Council
Alternatively, the petitioner can submit the request directly to the Focal Point as follows:
Focal Point for De-listing
Security Council Subsidiary Organs Branch
Room DC2 0853B
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
(b) Authorisations to deal with or provide assets or financial services to designated persons and entities (unfreezing)
Authorisations relating to frozen assets and making financial services available to persons or entities designated by the UNSC or its committees are subject to the necessary approval of the UNSC or its Committee pursuant to the relevant UNSCRs. In this regard, the Prime Minister submits requests for authorisation to the UNSC or its relevant Committee for their consideration and subsequent decision.
The Prime Minister must communicate the decision made by the UNSC or its relevant Committee to the relevant parties.
A petitioner can apply directly to the relevant UNSC Committee as follows:
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Persons or entities inscribed on the 1267/1989/2253 Committee’s List (“the ISIL (Da’esh) and Al-Qaida Sanctions List”) and on the 1988 Committee’s List can submit exemption requests directly to the assets freeze measures directly to the UNSC Focal Point as detailed above.
Further information on the UNSC procedures is available at the following URL:
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For UNSCR 1718 (and successor resolutions) on DPRK, the request for unfreezing can be made to the following UNSC Committee:
The Chair of the Committee, Her Excellency Mrs. Pascale Christine Baeriswyl (Switzerland), through the Permanent Mission of Switzerland to the United Nations
With copies to:
The Secretary of the Committee, Mr. Davey McNab, Email address: sc-1718-committee@un.org
Further information on the UNSC procedures is available at the following URL:
www.org/securitycouncil/sanctions/1718/exemptions-measures/assets-freeze
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For UNSCR 2231 on Iran, the requests/notifications for exemptions from the assets freeze can be made directly and should be addressed to the:
Security Council Facilitator
Her Excellency Mrs. Vanessa Frazier (Malta)
Security Council Affairs Division
Email address: SC-Resolution2231@un.org
Further information on the UNSC procedures is available at the following URL:
www.un.org/securitycouncil/2231/assets freeze exemptions
2. PROCEDURES FOR DOMESTIC REVIEW, REVOCATION AND AUTHORISATION (DELISTING AND UNFREEZING)
(a) Review and revocation of designations (delisting)
Application for review and revocation can be made to the Prime Minister through the Sanctions Secretariat pursuant to sections 11 and 12 of the Sanctions Act.
(b)Authorisation to deal with or provide assets or financial services to designated persons and entities (unfreezing)
The authorisation pursuant to section 17 of the Sanctions Act to deal with frozen assets or financial services can be initiated by the designated person or entity, another person or another person in another jurisdiction (e.g. next of kin, family member). These individuals can apply to the Sanctions Secretariat for authorisation to deal with frozen assets or financial services.
An application seeking authorisation must be made in accordance with the necessary templates. The authorisation are done in relation to three types of expenses namely 1) basic expense 2) contractual obligation and 3) Extraordinary expense.
The following is a brief description of the 3 expenses:
- Basic Expense: Means an expense necessary for reasons including but not limited to
- Obtaining foodstuff
- Paying rent or mortgage
- Obtaining medicine or medical treatment (i.e. going to the hospital or clinic to treat curable illness like malaria, fever, cold and flu etc)
- Paying taxes
- Paying insurance premiums
- paying public utility charges
- paying reasonable professional fees
- paying reasonable expenses associated with the provision of legal services, and
- paying fees or service charges that are in accordance with laws of PNG for the routine holding or maintenance of a frozen asset;
- Contractual Obligation means an obligation whereby a payment is required under contracts or agreements made before the date of designation and where payment required does not defeat the objective of the Act;
- Extraordinary Expense: means an expense that is neither basic expense or contractual obligation that the Prime Minsters considers to be necessary (i.e. medical/emergency operation) and does not defeat the purpose of the Act.
The application is to be accompanied by sufficient evidence to support a claim for authorisation and to demonstrate the criteria required by the Sanctions Act are met. Incomplete applications will not be considered and will be returned to the applicant for re-submission.
Where the Prime Minster is satisfied that all the necessary requirements for an application for authorisation are met, the Prime Minster or relevant delegate may authorise dealing with frozen assets or financial services to a designated person or entity.
The Secretariat is responsible for providing the necessary assistance to applicants seeking authorisation, including providing information about the authorisation processes and evidentiary requirements for seeking authorisations.
All applications must be sent to the Secretariat via post or e-mail.
Please note that authorisations are subject to other considerations by the UNSC or its relevant Committee prior to its issuance or denial.