I. Relevant Security Council resolutions and Committee Guidelines
The exemptions from the assets freeze are provided for by the following:
- Security Council Resolution 1718 (2006): paragraph 9
- Security Council Resolution 2270 (2016): paragraph 32
- Security Council Resolution 2371 (2017): paragraph 26
- Committee Guidelines: Section 11
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 assets freeze can be requested?
There are six types of exemptions to assets freeze:
- For basic expenses
- For extraordinary expenses
- As a subject to judicial, administrative or arbitral lien or judgement
- DPRK diplomatic missions
- The 1718 Committee case-by-case determination
- Financial transactions with the DPRK Foreign Trade Bank or the Korea National Insurance Corporation
1. The basic expenses exemption
Pursuant to paragraph 9 (a) of resolution 1718 (2006) and Section 11 of the Committee’s Guidelines, notifications for the basic expenses are to be submitted for Committee’s consideration. Notifications, in writing from Member States, should include intention to authorize, where appropriate, access to frozen funds or other financial assets or economic resources to cover expenses.
2. The extraordinary expenses exemption
Pursuant to paragraph 9 (b) of resolution 1718 (2006) and Section 11 of the Committee’s Guidelines, requests for the extraordinary expenses are to be submitted for 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
- Amount of installment
- Number of installments
- Payment starting date
- Bank transfer or direct debit
- Interests
- Specific funds being unfrozen
- Other information
3. The subject to judicial, administrative or arbitral lien or judgement (prior to the date of 14 October 2006)
Pursuant to paragraph 9 (c) of resolution 1718 (2006) and Section 11 of the Committee’s Guidelines, requests for financial assets and economic resources used to satisfy lien or judgement (provided that it was entered prior 14 October 2006) as subject to the judicial, administrative or arbitral lien or judgement, and is not for the benefit of a designated individual and/or entity, requires no Committee decision.
4. DPRK diplomatic missions
Paragraph 32 of resolution 2270 (2016) decides that the measures imposed by the same paragraph shall not apply with respect to funds, other financial assets and economic resources that are required to carry out activities by the DPRK’s missions to the United Nations and its specialized agencies and related organizations or other diplomatic and consular missions of the DPRK.
5. 1718 Committee case-by-case determination
Paragraph 32 of resolution 2270 (2016) decides that the measures imposed by the same paragraph shall not apply with respect to any funds, or other financial assets or economic resources that the Committee determines in advance on a case-by-case basis and which are required for the delivery of humanitarian assistance, denuclearization or any other purposes consistent with the objectives of resolution 2270 (2016).
6. Financial transactions with the DPRK Foreign Trade Bank or the Korea National Insurance Corporation
Security Council resolution 2371 (2017), adopted on 5 August 2017, the Security Council designates the Foreign Trade Bank (FTB) and the Korea National Insurance Corporation (KNIC) to be subject to the measures specified in paragraph 8 (d) of Security Council resolution 1718 (2006).
In paragraph 26 of Security Council resolution 2371 (2017), the Security Council further decides that the measures specified in paragraph 8 (d) of Security Council resolution 1718 (2006) shall not apply with respect to financial transactions with the DPRK Foreign Trade Bank or the Korea National Insurance Corporation if such transactions are solely for the operation of diplomatic or consular missions in the DPRK or humanitarian assistance activities that are undertaken by, or in coordination with, the United Nations.
IV. How to make the request for exemptions to the assets freeze?
Please send the requests/notifications for exemptions to the assets freeze to:
- 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
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 5 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.