Authorisations relating to Assets

The Act upholds Human Rights protections by ensuring that designated persons or entities still have avenues to seek authorisations to deal with frozen assets or make financial services available to meet basic expenses, contractual obligations or extraordinary expenses.

The authorisation to deal with frozen assets or financial services can either be initiated by the designated person or entity, or another person or another person in another jurisdiction (e.g. next of kin, family member).  These mentioned individuals can make an application to the Prime Minster 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:

  1. 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;
  2. 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;
  3. 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.

Authorisations relating to designations made by the UNSC or its Committee

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 UNSCR’s.  It is in this regard that the Prime Minister submits requests for authorisations 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.

An application may also be made to the Focal Point of UNSC. The Focal Point was established pursuant to UNSCR 1730. Its functions are to ensure that fair and clear procedures exist for placing individuals and entities on sanctions lists and for removing them, as well as for granting humanitarian exemption.   This means that a listed individual, group undertaking or entity may apply to the Focal point for an exemption to the asset freeze measures.

Further information on the procedures of the Focal Point, including how to submit asset freeze exemption requests is available at:

https://www.un.org/sc/suborg/en/sanctions/delisting/travel-ban-and-assets-freeze-exemption-reqests

 

Addition of funds to frozen accounts

Subject to relevant UNSCRs States may allow additional funds to be added to accounts which have been frozen:

  • interest or other earnings due on those accounts, or
  • payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the assets freeze, or
  • any payment in favour of listed individuals, groups, undertakings or entities,

provided that any such interest, other earnings and payments continue to be subject to the assets freeze.

 

 

 

Contact Us                       Related Sites 

PNG Sanctions Office 

Department of Prime Minister & NEC

P.O Box 639, WAIGANI, NCD

Level 3, Morauta Haus

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