I. Relevant Security Council resolutions and Committee Guidelines
The exemptions from the assets freeze are provided for by the following:
• Paragraphs 7, 8 and 9 of Security Council Resolution 2653 (2022)
• Paragraph 1 of Security Council Resolution 2664 (2022)
• 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 the assets freeze can be requested or notified?
There are three types of exemptions to the assets freeze:
• For basic expenses: resolution 2653 (2022), paragraph 7 (a)
• For extraordinary expenses: resolution 2653 (2022), paragraph 7 (b)
• For judicial, administrative or arbitral lien or judgment: resolution 2653 (2022), paragraph 7 (c)
1. The basic expenses exemption
Pursuant to Section 11 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:
1. Recipient (name and address)
2. Recipient’s bank information (name and address of bank, account number)
3. Purpose of payment and justification of the determination of the expenses falling under the basic expenses exemption, the extraordinary expenses exemption, and the reconciliation expenses exemption
4. Amount of installment
5. Number of installments
6. Payment starting date
7. Bank transfer or direct debit
8. Interests
9. Specific funds being unfrozen
10. Other information
2. The extraordinary expenses exemption
Pursuant to Section 11 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:
1. Recipient (name and address)
2. Recipient’s bank information (name and address of bank, account number)
3. Purpose of payment and justification of the determination of the expenses falling under the basic and extraordinary expenses exemptions
4. Amount of installment
5. Number of installments
6. Payment starting date
7. Bank transfer or direct debit
8. Interests
9. Specific funds being unfrozen
10. Other information
Please Note that Member States are requested, 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 11 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:
1. Recipient (name and address)
2. Recipient’s bank information (name and address of bank, account number)
3. 3. Purpose of payment and justification of the determination of the expenses falling under the basic and extraordinary expenses exemptions
4. Amount of installment
5. Number of installments
6. Payment starting date
7. Bank transfer or direct debit
8. Interests
9. Specific funds being unfrozen
10. Other information
Please Note that the lien or judgment has to have been entered prior to the date of adoption of resolution 2653 (2022) 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, Her Excellency Mrs. Carolyn Rodrigues-Birkett (Guyana), through the Permanent Mission of the Co-operative Republic of Guyana to the United Nations.
With copy to:
• The Secretary of the Committee, Mr. Enrico Formica (sc-2653-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.