Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption

• CELEX: Decision (CFSP) 2023/338
• Articles: 7

Article 1

In Article 6 of Decision 2010/231/CFSP, paragraph 6 is replaced by the following:

‘6.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)

international organisations;

(c)

Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 2

In Article 2b of Decision 2013/798/CFSP, the following paragraph is added:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)

international organisations;

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Committee.’.

Article 3

Decision 2014/932/CFSP is amended as follows:

(1)

in Article 2b, the following paragraph is added:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)

international organisations;

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Sanctions Committee.’

;

(2)

Article 6a is replaced by the following:

‘Article 6a

Without prejudice to Article 2b(7), by way of derogation from the measures imposed by UNSCR 2140 (2014) and UNSCR 2216 (2015), provided that the Sanctions Committee has determined on a case-by-case basis that an exemption is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of those Resolutions, the competent authority of a Member State shall grant the necessary authorisation.’.

Article 4

In Article 3 of Decision (CFSP) 2022/2319, paragraph 7 is replaced by the following:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)

international organisations;

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Sanctions Committee.’

.

Article 5

Common Position 2003/495/CFSP is amended as follows:

(1)

Article 2 is replaced by the following:

‘Article 2

All funds or other financial assets or economic resources:

(a)

of the previous Government of Iraq or its State bodies, corporations or agencies located outside Iraq on the date of 22 May 2003, as designated by the Security Council Committee established pursuant to UNSCR 1518 (2003) (the ‘Sanctions Committee’); or

(b)

that have been removed from Iraq, or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled directly or indirectly by them or by persons acting on their behalf or at their direction, as designated by the Sanctions Committee;

shall be frozen without delay and, unless those funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative or arbitral lien or judgement, in which case they may be used to satisfy such lien or judgement, Member States shall immediately cause their transfer to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).’

;

(2)

the following Article is inserted:

‘Article 2b

Articles 2 and 2a shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialized agencies and related organisations;

(b)

international organisations;

(c)

Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 6

In Article 2 of Common Position 2005/888/CFSP, the following paragraph is added:

‘5.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)

international organisations;

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f)

appropriate other actors as determined by the Committee.’.

Article 7

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .