Article 5
Decision (CFSP) 2015/1333 is amended as follows: (1) in Article 9, the following paragraph is added: ‘14. Paragraphs 1, 2 and 4 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 by, (f) appropriate other actors as determined by the Committee as regards paragraph 1, and paragraph 4 in so far as it refers to the persons and entities covered by paragraph 1, and by the Council as regards paragraph 2, and paragraph 4 in so far as it refers to the persons and entities covered by paragraph 2.’ ; (2) in Article 9, paragraph 8 is replaced by the following: ‘8. Without prejudice to Article 9(14), with regard to persons and entities listed in Annex IV, exemptions may also be made for funds and economic resources which are necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, the provision of electricity, humanitarian workers and related assistance, or evacuating foreign nationals from Libya.’ ; (3) in Article 9, paragraph 9 is replaced by the following: ‘9. Without prejudice to Article 9(14), with regard to entities referred to in paragraph 3, exemptions may also be made for funds, financial assets and economic resources provided that: (a) the Member State concerned has provided notice to the Committee of its intent to authorise access to funds, other financial assets, or economic resources, for one or more of the following purposes and in the absence of a negative decision by the Committee within five working days of such a notification: (i) humanitarian needs; (ii) fuel, electricity and water for strictly civilian uses; (iii) resuming Libyan production and sale of hydrocarbons; (iv) establishing, operating, or strengthening institutions of civilian government and civilian public infrastructure; or, (v) facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya; (b) the Member State concerned has notified the Committee that those funds, other financial assets or economic resources are not to be made available to or for the benefit of the persons referred to in paragraphs 1, 2 and 3; (c) the Member State concerned has consulted in advance the Libyan authorities about the use of such funds, other financial assets, or economic resources; and (d) the Member State concerned has shared with the Libyan authorities the notification submitted pursuant to this paragraph and the Libyan authorities have not objected within five working days to the release of such funds, other financial assets, or economic resources.’.