I. Relevant Security Council resolutions and Committee Guidelines
The exemptions from the assets freeze are provided for by the following:
- Security Council Resolution 1591 (2005): paragraph 3 (g) (i), (ii) and (iii)
- Committee Guidelines: Section 10
II. Who is entitled to submit the request for exemptions to the assets freeze?
Member States who intend to authorize, where appropriate, access to frozen funds or other financial assets or economic resources.
III. What type of exemptions to the assets freeze can be requested or notified?
There are three types of exemptions to the assets freeze:
- For basic expenses (resolution 1591 (2005), paragraph 3 (g) (i))
- For extraordinary expenses (resolution 1591 (2005), paragraph 3 (g) (ii))
- For judicial, administrative or arbitral lien or judgment (resolution 1591 (2005), paragraph 3 (g) (iii))
1. The basic expenses exemption
Pursuant to Section 10 of the Committee’s Guidelines, notifications for the basic expenses exemption are to be submitted for the Committee’s consideration and must, as appropriate, include the following information:
- Recipient (name and address)
- Recipient’s bank information (name and address of bank, account number)
- Purpose of payment and justification of the determination of the expenses falling under the basic expenses exemption
- Amount of installment
- Number of installments
- Payment starting date
- Bank transfer or direct debit
- Interests
- Specific funds being unfrozen
- Other information
2. The extraordinary expenses exemption
Pursuant to Section 10 of the Committee’s Guidelines, requests for the extraordinary expenses exemption are to be submitted for the Committee’s consideration and must, as appropriate, include the following information:
- Recipient (name and address)
- Recipient’s bank information (name and address of bank, account number)
- Purpose of payment and justification of the determination of the expenses falling under the basic expenses exemption
- Amount of installment
- Number of installments
- Payment starting date
- Bank transfer or direct debit
- Interests
- Specific funds being unfrozen
- Other information
Please Note that Member States are encouraged, when submitting requests for the extraordinary expenses exemption, to report in a timely way on the use of such funds, with a view to preventing such funds from being used to conduct any of the acts described in the Listing Criteria.
3. The judicial, administrative or arbitral lien or judgment exemption
Pursuant to Section 10 of the Committee’s Guidelines, notifications regarding frozen assets which have been determined by relevant States to be the subject of a judicial, administrative or arbitral lien or judgment must, as appropriate, include the following information:
- Recipient (name and address)
- Recipient’s bank information (name and address of bank, account number)
- Purpose of payment and justification of the determination of the expenses falling under the basic expenses exemption
- Amount of installment
- Number of installments
- Payment starting date
- Bank transfer or direct debit
- Interests
- Specific funds being unfrozen
- Other information
Please Note that the lien or judgment has to have been entered prior to the date of adoption of resolution 1591 (2005) and cannot be for the benefit of a listed person or entity.
IV. How to make the requests/notifications for exemptions to the assets freeze?
Please address the requests/notifications for exemptions to the assets freeze to:
- The Chair of the Committee, His Excellency Mr. Joonkook Hwang (Republic of Korea), through the Permanent Mission of the Republic of Korea to the United Nations
With copy to:
- The Senior Secretary of the Committee, Mr. Davey McNab (sc-1591-committee@un.org)
V. Decision Making of the Committee
The Committee, through the Secretariat, will immediately acknowledge receipt of the basic expense notification. Should no negative decision be taken by the Committee within the requisite 2 working day period, the Committee, through its Chair, will inform the notifying Member State thereof. The Committee will also inform the notifying Member State if a negative decision has been taken regarding the notification.
The Committee, through its Chair, will inform the Member States requesting an exemption for extraordinary expenses about its decision.