Permission to Use Funds Frozen as Per the Sanctions List

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

Permission to Use Funds Frozen as Per the Sanctions List

Permission to Use Funds Frozen as Per the Sanctions List: 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.

Permission to Use Funds Frozen as Per the Sanctions List

1- The Office may approve a person’s request to access funds frozen as per the Sanctions List, in the following cases:

a- To cover necessary or basic expenses, such as the amounts payable for foodstuff, rent, mortgage, medicine, medical treatment, taxes, insurance premiums, educational or judicial fees, or public utility fees.

b- To pay professional fees and costs relating to rendered legal services within reasonable limits; or services relating to the safekeeping or management of frozen Funds.

c- To cover extraordinary expenses other than those mentioned in sub-paragraphs (a and b) of this paragraph.

d- In the case of sanctions imposed pursuant to UNSCRs 1718 (2006) and 1737 (2006), and continued as per UNSCR 2231 (2015), and in addition to the measures mentioned above, if access was requested to use frozen funds which are subject to mortgage, or a judicial, administrative or arbitral lien or ruling, and if the funds will be used, exclusively, to satisfy the expenses of that lien or judgment, and provided that the mortgage or the ruling entered into effect at a time prior to the date of the listing in accordance with the referenced resolutions, and that the funds are not used for the benefit of any Listed Peron, and after the Office notifies the UN Security Council or the relevant Sanctions Committee, as the case may be.

2- Requests for the purpose of deciding on any of the items under paragraph (1) of this article, shall be submitted directly to the Office, by the Listed Person or their legal representative, along with all supporting documents.

3- The Office shall examine the requests referred to in paragraph (2) of this article, their reasons, and the requested amounts, and may reduce or reject such amounts, based on justifiable grounds.

4- In the event that the submitted request is related to the expenses mentioned in sub-paragraphs (a, b, and d) of paragraph (1) of the present Article, the Office must notify the UN Security Council or the Sanctions Committee of its intention to approve the submitted request following consideration thereof in accordance with the provisions of paragraph (3) of this article, and in case the sanctions committee does not object, or issue a decision of rejection within five business days from the date of its notification, the funds that the Office agreed to unfreeze shall be unfrozen and the entity holding the frozen funds shall be immediately notified in writing to such effect and asked to implement the decision immediately. Such entity shall notify the Office of the actions taken in this regard.

5- In case the submitted request relates to the expenses mentioned in sub-paragraph (c) of Paragraph (1) of the present Article, the Office shall notify the Sanctions Committee of its intention to approve the submitted request following consideration thereof in accordance with the provisions of Paragraph (3) of this article, and obtain the Sanctions Committee’s written approval.

6- For the purposes of paragraphs (4) and (5) of this article, the Office must notify the person requesting the use of funds frozen as per the Sanctions List, or their legal representative, in writing, of its approval of the request or its justified rejection of such, as soon as possible.

7- The Office may revoke its decision to approve the request to use funds frozen under the Sanctions List, any time there are reasonable grounds for suspicion that the funds are used for financing terrorism or financing WMD proliferation.

8- In case the request to use funds frozen under the Sanctions List is rejected, or remains without 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.

9- The Court’s decision on the grievance may not be appealed, and if the court ruled to reject the grievance, a new grievance may only be filed after six months from the date of rejection of the grievance, unless a serious reason that is accepted by the president of the Court arises before the expiry of such period.

10- An appeal against a decision to refuse the use of frozen funds shall not be accepted before a grievance against such is filed and rejected, or the period for responding to such grievance has elapsed.

11- In all cases, the procedures set forth in UNSCRs 1452 (2002), 1718 (2006) and 2231 (2015) and any successor resolutions, shall be observed.

Article 20

The Office may set any controls it deems appropriate for the exemptions and payments stipulated in this Decision, to prevent the use of the funds for financing terrorism or WMD proliferation.

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