Article 5
Council Regulation (EU) No 1352/2014 is amended as follows: (1) in Article 2, the following paragraph is added: ‘3. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources 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 3a is replaced by the following: ‘Article 3a 1. By way of derogation from Articles 1a and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, and provided that the Sanctions Committee has determined on a case-by-case basis that a derogation 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 UNSCR 2140 (2014) and UNSCR 2216 (2015), authorise: (a) the provision of technical assistance, financing or financial assistance related to the activities described in Article 1a; (b) the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources. 2. Paragraph 1(b) is without prejudice to Article 2(3).’ ; (3) Article 10 is replaced by the following: ‘Article 10 It shall be prohibited to participate, knowingly and intentionally, in activities where the object or effect is to circumvent the measures referred to in Article 2(1) and 2(2).’.