Financial Crime World

Implementing United Nations Sanctions: Procedures for De-Listing and Unfreezing Assets

Introduction

This article outlines the procedures and mechanisms for de-listing and unfreezing assets within the context of United Nations (UN) sanctions and financial restrictive measures. The focus is on the roles of various authorities and entities involved in these processes, including the State Information Service (SIS), the Sanctions Committee Management Liaison (SPCML), regulatory entities (REs), and the UN Office of the Ombudsperson.

Procedures for De-Listing Requests

  • Publicly Known Procedures: The regulation outlines publicly known procedures to submit de-listing requests to the UN sanctions Committees (1267/1989 and 1988) through designated authorities or intermediaries.
  • Authority of SIS: The SIS has the authority to issue decisions on removing restrictive measures based on amendments to exclusion lists from UNSCRs.

Decision Communication

  • Decisions Communication: Decisions are communicated to the relevant REs, which applied the freezing measure, and interested parties in specific cases.
  • Provisions for Review of Designation Decisions: There are provisions for review upon request, including the involvement of a coordinator designated by the sanctions committee and the provision of necessary information or documents.

Availability of UN Ombudsperson

  • Informing Designated Persons and Entities: The regulation refers to procedures for informing designated persons and entities about the availability of the United Nations Office of the Ombudsperson to accept de-listing petitions.
  • Clarification on Identity Issues: In cases where there is doubt about the identity of a person, group, or entity on the designation list, REs are advised to inform the SPCML, which consults with the SIS before communicating the necessity of application or non-application of restrictive measures.

Corrections of Errors

  • Correcting Errors in Designations: The regulation includes provisions for correcting errors in designations, allowing persons or entities whose designation was done erroneously to request exclusion from the additional list, and enabling authorities to take decisions within a specified timeframe.
  • Role of Regulatory Entities (REs): REs are advised to inform the SPCML about any doubts regarding identity issues, which then consults with the SIS before communicating the necessity of application or non-application of restrictive measures.