General Humanitarian Exemption
In December 2022, the United Nations Security Council adopted Resolution 2664/2022, which created a humanitarian exemption applicable across UN sanctions regimes.
Under Resolution 2664, 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 do not violate asset freeze measures imposed by the Security Council or its sanctions committees.
Adoption by Other Sanctioning States
EU
In February 2023, the EU introduced the exemption to its Somalia, CAR, Yemen, Haiti, Iraq and Lebanon (assassination of former Prime Minister Rafiq Hariri) sanctions regimes.
In March 2023, the EU implemented the humanitarian exemption in respect of its Iran, DRC, Sudan, South Sudan, Libya, North Korea, terrorism and Mali sanctions regimes.
As such, the exemption now applies to 14 UN sanctions regimes transposed into EU law.
UK
IN February 2024, the UK adopted the Sanctions (Humanitarian Exception) (Amendment) Regulations 2023, which implements a humanitarian exemption applicable across UN sanctions regimes.
In September 2024, the UK government confirmed that the UN humanitarian exemption (adopted by Resolution 2664(2022)) applies to:
- the UK’s 7 UN sanctions regimes; and
- 12 mixed UN and UK autonomous sanctions regimes.
US
In December 2022, to implement the UN’s humanitarian exemption, the US issued and amended general licences that authorise US humanitarian activities in 4 categories:
- the official business of the US government;
- the official business of certain international organizations and entities, such as the United Nations or the International Red Cross;
- certain humanitarian transactions in support of NGOs’ activities, such as disaster relief, health services, and activities to support democracy, education, environmental protection, and peacebuilding; and
- the provision of agricultural commodities, medicine, and medical devices, as well as replacement parts and components and software updates for medical devices, for personal, non-commercial use.