Financial Crime World

Humanitarian Exception to Asset Freeze Regulations

In a move aimed at ensuring timely delivery of humanitarian assistance, the regulations have made an exception to the asset freeze restrictions. This allows certain activities to be carried out without contravening the prohibitions.

Eligible Activities

The following activities are eligible for the humanitarian exception:

  • Export, Supply, or Delivery: Non-lethal military goods or technology for use outside of the Darfur region and intended solely for institution-building programs of the UN or certain regional organizations.
  • Technical Assistance and Brokering Services: Financial services, technical assistance, brokering services relating to non-lethal military goods or technology if intended solely for humanitarian, human rights monitoring, or protective use.
  • De-Mining Operations: Export, supply, or delivery of de-mining goods or technology if intended solely for humanitarian purposes.
  • Monitoring and Peace Support Operations: Providing financial services, technical assistance, and brokering services relating to military goods or technology if intended for monitoring, verification, or peace support operations authorized by the UN.

Application Process

Organizations and individuals seeking to engage in eligible activities under the exception must apply for a licence. The application process will involve submitting a detailed proposal outlining:

  • The activity and its purpose
  • How it relates to the humanitarian exception

The application will be reviewed on a case-by-case basis to ensure that the proposed activity is consistent with the purposes of the sanctions regime and any relevant international law obligations.

Important Notice

It is essential to note that engaging in activities prohibited by the regulations without a licence is strictly prohibited. Any organization or individual found to have engaged in unauthorized activities may face serious consequences, including:

  • Fines
  • Criminal penalties

Conclusion

The humanitarian exception to the asset freeze regulations aims to support international efforts to address the crisis in Sudan while ensuring that the sanctions regime remains effective in achieving its goals. Organizations and individuals involved in humanitarian work are encouraged to apply for a licence if they wish to engage in eligible activities under this exception.