UN licensing
Each sanctions regime permits sanctions exemptions (licences) in UN resolutions. Depending on the regime and type of exemption, individuals and entities may be required to submit a request to the relevant Sanctions Committee and await approval before the exemption is granted or to notify the relevant Sanctions Committee of the use of the exemption. Neither approval nor notification is required where the exemptions is a “standing exemption”.
Generally, travel ban exemptions can be requested from the relevant Sanctions Committee on the grounds of: humanitarian need, including religious obligation, where travel is necessary for the fulfilment of a judicial process, and or would further the objectives of peace and stability in the region.
Asset freeze exemptions can be granted by UN resolution for basic expenses (including the payment for foodstuffs, rent, medicines etc), the payment of judgment debts, and the general humanitarian exemption (below). Depending on the regime, the UN may require prior approval or ex-post reporting for extraordinary expenses.
Exemptions to arms embargoes are sometimes made by UN resolution for the government of the sanctioned country. There is currently a standing exemption for the supply of arms to the Government of Iraq and an exemption requiring notification for the supply of arms to the Governments of Somalia and the DRC.
Humanitarian exemption
Since December 2022, Resolution 2664 (2022) permits the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.
Since the humanitarian exemption is a “standing exemption”, neither approval nor notification is required to rely upon the exemption. The humanitarian exemption applies to all sanctions regimes. Paragraph 2 of Resolution 2664 (2022) makes provision for the automatic expiry of the application of the humanitarian exemption to the ISIL (Da’esh) and Al-Qaida sanctions regime on 9 December 2024 unless the Sanctions Committee decides to extend its application prior to that date.
Sanctions Regimes Exemptions
Al-Shabaab (Somalia) Exemptions
ISIL (Da’esh) & Al-Qaida Exemptions