Committee decision-making
2.
33
Exemptions to financial/travel sanctions6
UN sanctions, comprehensive or targeted, have always included exemptions
for humanitarian purposes, with increased standardization and more consistent application taking place over time. In the case of travel bans, exemptions
are routinely authorised for medical or religious reasons, to participate in a
peace process, and for judicial processes. Such exemptions are provided for
ordinary or extraordinary expenses, in the case of an asset freeze. Exemption
procedures include approval by sanctions committees on a case-by-case basis
or by notification to the committee, with approval assumed in the absence
of a negative decision within a specified time period.
Notwithstanding the long history of humanitarian exemptions, concern was expressed during HLR consultations regarding the extent to which
individuals and entities subject to sanctions are aware of the availability of
exemptions and the procedures for obtaining them. Simplified procedures
for individuals or other actors with standing to directly request exemptions
are lacking, and in most cases only governments can request exemptions.
While sanctions committees have made greater efforts to inform sanctioned
individuals/entities of the availability of exemptions, the requirement for
individuals and entities to request exemptions through governments remains
unduly limiting, and the inability of international tribunals to initiate exemption requests has already challenged the system.
Many applications by Member States for exemptions on behalf of
listed individuals relate to travel to, or funding legal representation for, judicial proceedings. One HLR submission raised the question of international
courts and tribunals, such as the International Criminal Court, which were
generally independent of the host State authorities. In such cases, it was suggested that it is practical for the sanctions committee to deal directly with the
relevant court or tribunal for individuals in custody, or who were required
to travel to the host State to attend proceedings. Similarly, any information
requests regarding persons in detention could be addressed by the relevant
court or tribunal directly, rather than through the host state. Relevant sanctions resolutions could include a specific provision facilitating travel of listed
persons which related to the fulfilment of the mandate of an international
court or tribunal, as was the case in the sanctions resolution regarding the
Democratic Republic of Congo (DRC).7
6
7
See also section VII.D.2.
Paragraph 10 of S/RES/2078 (2012).