Lifting the Freezing of Funds in Cases of False Positives

Regulations on Terrorists’ Lists under UAE AML Law, AML Training Dubai

Lifting the Freezing of Funds in Cases of False Positives

Lifting the Freezing of Funds in Cases of False Positives: Terrorism Lists Regulation and Implementation of UN Security Council Resolutions on the Suppression and Combating of Terrorism, Terrorist Financing, Countering the Proliferation of Weapons of Mass Destruction and its Financing and Relevant Resolutions Abrogating: Cabinet Decision No. 20 dated 25/02/2019.

Lifting the Freezing of Funds & Other Measures Taken in Cases of False Positives on the Sanctions List

The mechanism for lifting freezing and any other measures taken against a person or organization bearing a name similar to that of a listed person, shall be as follows:

1- The affected person shall submit a written request to the Office in person or through a legal representative, to lift freezing or any other measures taken against him, along with all documents supporting a false positive.

2- The Office shall examine the request, and for the purposes of deciding on the request, may ask for any clarifications or additional documents, it deems suitable from the applicant, the UN Security Council, the relevant Sanctions Committee or any other party.

3- The Office shall issue its decision to reject or approve the request to lift the freezing measures within thirty days from date of receipt of the request and shall notify the applicant accordingly.

4- The Office shall communicate the decision to approve the request, to the entity where the funds are frozen, Law Enforcement Authorities and concerned agencies. The addressed organization shall immediately execute the decision to lift freezing and other measures taken against the applicant due to a false positive.

5- In case the request to lift freezing and Other Measures is rejected, or remained without a response for thirty days from date of its submission, the applicant may file a grievance before the Competent Court within sixty days from the date on which he/she was notified of the rejection of the request, or from the expiry of the response period.

6- The court’s decision regarding the grievance shall not be subject to appeal. If a grievance is rejected, a new grievance may only be submitted after six months from the date of rejection of the previous grievance, unless a serious reason that is accepted by the president of the Court arises before the expiry of such period.

7- An appeal against a decision regarding freezing or Other Measures shall not be accepted before a grievance against such is filed and rejected, or the period for responding to such grievance has elapsed, as set out in the present Article.

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