Australia
The Minister for Foreign Affairs, assisted by the Australian Sanctions Office, may grant “sanctions permits” to authorise activities that would otherwise be prohibited by Australian sanctions law. The permit may be subject to conditions.
Different sanctions regimes impose different criteria for the grant of a permit. For UN sanctions regimes, the Minister may need to notify or receive the approval of the UNSC before granting a sanctions permit.
Applications for sanctions permits must be made through the Australian sanctions portal Pax and should include relevant information about the proposed activity, for example a detailed description of the goods or services involved, the end use of the goods or services, information on the end users, and the intended transport pathway for the goods or services.
The Australian Department of Foreign Affairs and Trade website says that it usually takes 6-8 weeks to process a Pax application, but “you should allow 3 months”, especially for complex activities and activities in high-risk countries. The length of time for a permit is decided on a case-by-case basis. Permits are usually issued for a period of 180 days.
Bermuda
The Minister of Legal Affairs is responsible for licensing.
Applicants for a licence for an activity otherwise prohibited under asset freezing measures in the Overseas Territories Orders in Council (Overseas Territories Orders) listed in the International Sanctions Act Regulations 2013 (2013 Regulations) should use the prescribed form.
For licensing that relates to a person or entity designated under the Counter-Terrorism (Sanctions) (Overseas Territories) Order 2020, the Minister must consult the UK Treasury before issuing a licence.
Licensing grounds, which are set out in the prescribed form include:
- basic expenses of the designated person or his or her dependent family members
- reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services
- fees or service charges for the maintenance of frozen funds or economic resources
- extraordinary expenses
- obligations due under a contract or agreement entered into, or an obligation which arose prior to the designation of the person or entity in question (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
- obligations arising in connection with certain judicial, administrative or arbitral liens, decisions or judgments (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
Other grounds may be available if the applicant specifies the ground with reference to relevant legislation.
All sanctions licence applications, notifications and authorisations should be made to:
The Minister of Legal Affairs
Financial Sanctions Implementation Unit
Global House
43 Church Street
Hamilton HM 12
Email: [email protected]
General Licences:
UK General Licences do not extend to Bermuda, Bermuda issues its own General Licences (listed below).
Anyone intending to use a General Licence should notify the Financial Sanctions Implementation Unit (FSIU, a unit within the Ministry of Legal Affairs Headquarters) within 14 days (except in relation to: 1)a) the General Licence: Wind down of Trust Services Provided to Designated Persons; and 1)b) the General Licence: Russian Sanctions – Vessels, which in each case is 30 days; and 2) in relation to the General Licence: Russian Oil Price Cap which is 40 days or 60 days (as applicable)).
General Licence – Russia Sanctions – Legal Fees (3 January 2025)
- allows for payment for the provision of legal services to a designated person under the Russia or Belarus regimes.
General Licence – GTLK Companies and their subsidiaries – Insolvency related payments and activities (20 December 2024)
- allows payments and other permitted activities to take place in relation to insolvency proceedings associated with GTLK Europe and GTLK Capital and their subsidiaries.
General Licence: Russia Sanctions – Wind down of Trust Services Provided to Designated Persons (21 March 2023)
- permits Persons to undertake activity necessary to terminate an arrangement to provide Trust Services between them and a Designated Person, provided that the terms of the general licence are met.
General Licence: Russian Oil Price Cap (17 March 2023)
- permits the supply or delivery of Russian oil and oil products by ship, as well as provision of associated services, subject to the price cap terms being met.
General Licence: Russia Sanctions – Vessels (20 October 2022)
- authorises the provision of technical assistance, financial services, and funds, and brokering services, related to vessels, subject to restrictions set out in the licence
Canada
Canadian sanctions regulations generally include mechanisms for the Minister of Foreign Affairs to issue permits or certificates to authorise specified activities or transactions that are otherwise prohibited. This authority is found in the related Permit Authorisation Order or in the relevant Act or regulation.
Permits can only be issued to individuals and entities in Canada and Canadians outside Canada.
Applications for permits under the regulations should be made to the Sanctions Policy and Operations Coordination Division (e-mail: [email protected]). Applications for permits under the Freezing Assets of Corrupt Foreign Officials Act should be made to the Criminal, Security and Diplomatic Law Division (e-mail: [email protected]).
Applications should set out (inter alia) a detailed description of the proposed activity or transaction; an explanation as to how the activity or transaction would violate the relevant regulation, or how the request otherwise meets the criteria for application; which section of the regulation and/or which permit authorization order is being relied on to support the application; and a detailed explanation of the reasons for the transaction and the anticipated effects if a permit or certificate is not granted.
Justice for Victims of Corrupt Foreign Officials Permit Authorization Order
Gibraltar
The Chief Minister can issue licences under section 10 of the Sanctions Act 2019 where there are licensing grounds enabling the minister to do so, and where the conditions on those grounds have been met. The Minister can also create exceptions to autonomous Gibraltar sanctions regulations under section 31 of the Sanctions Act 2019.
The licensing grounds are:
- basic needs
- legal fees and disbursements
- fees or service charges for routine holding/maintenance of frozen funds/economic resources
- satisfaction of prior court judgments/arbitration decisions against the designated person/entity
- satisfaction of prior contractual obligations of the designated person
- extraordinary expenses
For sanctions exemption licence applications, contact the competent authority at [email protected].
Licences may come with reporting conditions within a particular time frame. A failure to comply with these reporting requirements may result in the revocation, suspension or termination of a licence or further restrictions being included in it. It may also result in a criminal prosecution or monetary penalty.
General Licences
UK General Licences do not extend to Gibraltar, which issues its own GLs (listed below):
Guernsey
Guernsey does not automatically adopt General Licences issued by the Office of Financial Sanctions Implementation and as such they do not have direct effect but in certain circumstances it may choose to do so. Further, the Policy & Resource Committee may independently issue a General Licence insofar as the UK sanctions provide for General Licences to be issued.
Licenses in respect of financial sanctions – a guide
Template for making licence requests
INT/2022/1280976 – Russia: Regulatory Authorities – Prudential Supervision or Financial Stability
INT/2022/1280876 – Russian Banks – UK subsidiaries – Basic needs, routine holding and maintenance and the payment of legal fees
INT/2022/1322576 – Provision of navigational data to civilian aircrafts for flight safety
INT/2022/1845976, “Crown Servants, Contractors & their Family Members”
INT/2022/1678476, “Amsterdam Trade Bank N.V – winding down, basic needs and insolvency related payments”
INT/2023/2589788, “Wind down of Trust Services provided to Designated Persons”
General Licence – RUSSIA/GY/2022/1
General Licence – RUSSIA/GY/2022/2
General Licence – GY/RUSSIA/2022/6
General Licence – RUSSIA/GY/2022/9
General Licence – RUSSIA/GY/2022/18
General Licence – RUSSIA/GY/2022/21
General Licence – GY/RUSSIA/2023/17
General Licence — GY/ RUSSIA /2024/4
General Licence – RUSSIA/GY/2024/GL2
Isle of Man
A licence can be sought from Isle of Man Treasury to allow an activity or transaction to take place that would otherwise be prohibited under asset freezing measures using the application form below.
Sanctions and Export Control – Sanctions Licences (general licences)
Japan
Sanctioned people and entities can apply for permission for financial transactions/trade otherwise prohibited by sanctions under article 10 Foreign Exchange and Foreign Trade Act 1949. Applications are submitted to prefectural public safety commissions (committees established under the jurisdiction of governors of prefectures). The commission must grant the application if for:
- payment of expenses normally required for the living of the relevant person subject to freezing of assets, etc., and the spouse or other relatives who have the same livelihood with the relevant person;
- payment of taxes and other public charges;
- payment of costs in connection with a lawsuit involving a disposition under the provisions of the Foreign Exchange and Foreign Trade Act, or any other act involving the exercise of public authority;
and there is no risk of the permission being used for:
- international terrorists, criminal acts for the purpose of intimidating the general public, etc.;
- people involved in weapons of mass destruction programs and activities, etc.,
The public safety commission may attach conditions to the licence.
Jersey
The Minister for External Relations is responsible for handling sanctions licence applications.
A licence is defined as “a written permission from the Minister for External Relations (the “Minister”) allowing an act that would otherwise breach prohibitions imposed by financial sanctions” under the Jersey Financial Sanctions and Implementation Unit Guide.
A licence will only normally be granted by the Minister for External Relations if there is scope in the relevant UK Sanctions Regulations (e.g. Russia (Sanctions) (EU Exit) Regulations 2019) implemented in Jersey under the Jersey Sanctions Order.
Licensing grounds, which are set out in the sanctions licence application form, include the following:
- basic expenses of the designated person or his or her dependent family members
- reasonable professional fees and expenses associated with the provision of legal services
- fees or service charges for the maintenance of frozen funds or economic resources
- extraordinary expenses
- obligations due under a contract or agreement entered into, or an obligation which arose prior to the designation of the person or entity in question (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
- obligations arising in connection with certain judicial, administrative or arbitral liens, decisions or judgments (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
Other grounds may be available if the applicant specifies the ground with reference to relevant legislation. All licence applications must be submitted using the sanctions licence application form to:
Financial Sanctions Implementation Unit
Ministry of External Relations
19-21 Broad Street
St Helier
Jersey
JE2 3RR
Email: [email protected]
All UK General Licences issued under the Russia and Belarus sanctions regimes only, apply automatically in Jersey and may be relied upon by Jersey-based individuals and entities. All reporting requirements of a UK General Licence are applicable in Jersey and reports must be filed to the Minister for External Relations.
Note, however, that UK General Licences issued under all other regimes do not apply to Jersey-based individuals and entities, though they may be considered as basis for a licence application.
Financial Sanctions Implementation Unit Sanctions Licences and Exemptions Guidance
Sanctions forms for licences and suspected breach notifications
New Zealand
Applications for sanctions licenses under the Russia Sanctions Act must be made using this application form and sent to [email protected]. Applications are considered by either the Minister of Foreign Affairs or the Secretary of Foreign Affairs and Trade.
According to the guidance, the following criteria will be considered when applications are assessed:
- the purpose of the Russia Sanctions Act 2022 and Russia Sanctions Regulations 2022;
- risk of an exemption benefitting a sanctioned person or entity;
- any harm if an exemption is not granted;
- the accuracy of facts and law;
- other factors material to the application; and
- principles of natural justice or procedural fairness.
Applications for amendments or revocation of a regulation can also be made to the Minister using the same application form.
Requests for guidance on whether general exceptions apply to certain circumstances may be made to the New Zealand Sanctions Unit at [email protected].
Apply for an exemption, amendment or revocation
Norway
Designated persons (or their representatives) may submit an application to the Ministry of Foreign Affairs ([email protected]) to use frozen assets.
Applications for and inquiries about sanctions and export licences may be submitted using the Ministry of Foreign Affairs’ E-license portal.
Applications for permission for port calls or road transport must be sent to [email protected].
Section 4.4 of Financial sanctions: Guidance on the freezing provisions
Section 3.2 of Guidance on sanctions in response to Russia’s military aggression against Ukraine
Russia
The Sub-Commission of the Government Commission for Control over Foreign Investments in Russia can grant permits to execute restricted transactions. For transactions involving financial organisations, the permits are issued by the Central Bank of the Russian Federation.
A permit issued by the President is required for transactions involving Russian entities operating in sectors critical to national defense and security.
The Ministry of Industry and Trade is responsible for licensing export and import of goods.
The Ministry of Finance is responsible for granting licences on transactions with designated persons.
Singapore
Financial Measures In Relation To Russia – Non-Prohibited Payments And Transactions – this Notice sets out categories of payments and transactions which are excluded from the prohibition on dealing with certain designated Russian banks (in Notice SNR-N01).
Non-prohibited payments include payments for basic expenses, transactions involving a designated bank to facilitate withdrawal of a person’s funds from a non-designated bank, and transactions necessary for the performance of the functions of the Russian Embassy in Singapore.
Taiwan
Under Article 6 of the CFT Act, the Ministry of Justice can provide exemptions to sanctions for the following:
- payments necessary for maintaining the family life of a designated individual or the dependents
- expenses necessary for the management of the property or property interests by a designated individual, legal person or entity
- payments made by a designated individual, legal person or entity to a bona fide third-party creditor, whose right is given before sanctions
The Ministry of Justice can set restrictions on how funds are used under theses exemptions.
United Arab Emirates
An individual or entity listed in the Local List, or legal representative or stakeholder may submit to the Executive Office a written request for accessing all or part of frozen funds which will be referred to the Ministry of Justice. Send the request form to [email protected].
Following coordination with the Supreme Council, the Ministry of Justice may approve the use of part of the frozen funds of an individual or legal entity listed in Local List for any of the following purposes:
- To cover necessary or basic expenses, such as foodstuffs, rent, mortgage, medicine, medical treatment, insurance, educational and judicial fees, and public utility fees.
- To pay professional fees and costs relating to rendered legal services and other exceptional expenses within reasonable limits, or services relating to safekeeping or management of frozen funds.
- Extraordinary expenses if and as approved, on a case-by-case basis, by the Ministry of Justice.
The Executive Office will notify the applicant in writing of the outcome of the decision related to the approval or rejection of the request.
If the application is rejected or remains without response for 30 days from the date of its submission, the applicant may file a claim with the UAE court.