Lifting or amending freezing procedures, or authorizing access to frozen funds or economic resources
Request to lift or amend the freezing procedure.
- Any person affected by a freezing decision pursuant to the NCTC Decision No. (1/2022) may submit a written request to the Targeted Financial Sanctions Committee to lift or amend the freezing procedure.
- To lift or amend the procedure for freezing funds and/or economic resources - or part thereof - the following must be available:
- The applicant should not be the person intended by the designation decision.
- The applicant should not be a person designated in the UN List according to a relevant resolution issued by the Security Council, except for Resolution No. (1373).
- The decision to lift or amend is limited to funds and economic resources that are not subject to freezing from the outset.
Request Permission to Access Frozen Funds or economic resources
- Any person whose funds or economic resources have been frozen, or any person affected by a freezing decision pursuant to the NCTC Decision No. (1/2022), may submit a written request to the Targeted Financial Sanctions Committee to obtain permission to access those frozen funds and resources or part thereof to (cover basic expenses, coverage of exceptional expenses, and payment of obligations due under a contract previously concluded before the decision to freeze).
- There are 4 scenarios in which a person whose funds or economic resources have been frozen or affected by the freezing decision can apply for permission to access or lift the freezing measures for frozen funds or economic resources, which are as follows:
First Scenario: access to frozen funds and resources for basic expenses.
A person may request permission to access his frozen funds or economic resources or part thereof for the following purposes:
- Payment of necessary or basic expenses, including payments for foodstuffs, medicines, medical treatment, rent, mortgage, taxes, insurance premiums, fees and bills for public utility services such as water, electricity, gas and communications, within reasonable limits.
- Payment of professional fees and charges and expenses related to preservation and maintenance and those related to the provision of legal services, within reasonable limits.
- Payment of service costs and fees due to a financial institution for managing frozen funds or economic resources.
Second Scenario: access to frozen funds and resources for exceptional expenses
A person can request permission to access his frozen funds or economic resources or part of them for exceptional expenses.
Third Scenario: Adding interest, profits, or returns due to the frozen accounts, or paying the payments due under contracts or agreements arising before the date of the freezing decision
- A person can obtain permission to allow the addition of any (interests, profits or returns) due to his accounts or to make payments due on his frozen accounts under (contracts, agreements or commitments) that arose and were concluded prior to the date on which those accounts became subject to freezing under the relevant Security Council resolutions; except for the payments due under (contracts, agreements, or commitments) on his accounts, which were frozen under Resolution No. (1373) and continued under Resolution No. (2231).
- Financial institutions, non-financial businesses and professions, and non-profit organizations and associations must notify the NCTC when adding any interest, profits, or other returns due to his accounts, or payments due on his frozen accounts, and those interests, profits, or other payments must be subject to immediate freezing.
Fourth Scenario: Payment of obligations due on accounts frozen according to Resolution No. (1373) and continuing under Resolution No. (2231)
- A person can obtain permission to allow payments due on his accounts under (contracts, agreements, or commitments) that arose and concluded before the date on which those accounts became subject to freezing under Security Council Resolutions No. (1373) and continuing with Resolution No. (2231).
- The Targeted Financial Sanctions Committee, when considering the written request submitted by the person whose funds or economic resources have been frozen or affected by the freezing, must take into account the following:
- Verify that the contract is not related to any of the materials, equipment, goods, technology, assistance, training, financial assistance, investment, mediation and services specified in UN Security Council Resolution No. (2231) and its subsequent resolutions.
- Ensure that the payment will not be received directly or indirectly by a person who is subject to the measures contained in Paragraph (6) of Annex (B) of UN Security Council Resolution No. (2231).
- Notify the UN Security Council of its intention to make or receive financial payments or to authorize the lifting of the freeze on funds or economic resources for this purpose, prior to (10) working days from the date specified for carrying out the procedure.
Procedures for Lifting or Amending Freezing Procedures, or Authorizing Access Frozen Funds or Economic Resources
- The Targeted Financial Sanctions Committee shall decide on the application for lifting or amending the freezing procedures, or for permission to access frozen funds or economic resources submitted by the person whose funds or economic resources have been frozen or affected by the freezing decision, within (30) thirty days from the date of its complete submission, and the application is considered rejected. In case that the thirty (30) days have passed without a response.
- In case that the application is rejected according to the two cases mentioned in the above paragraph; it is permissible for the person who submitted a petition against that before the NCTC within (30) thirty days from the date of his knowledge of the rejection decision, and it shall decide on the grievance within (60) sixty days from the date of its complete submission. Its decision is considered final.
- To grant permission to access funds and/or economic resources - or part thereof - that have been frozen due to the designation of a person in the UN Security Council List, the NCTC must notify the UN Security Council or its relevant sanctions committee; that it is in the process of agreeing to grant permission to the applicant to access the frozen funds and/or economic resources, and there was no objection from them to that within (5) five working days from the date of their receipt of the notification. (Quoted from the First Scenario).
- To grant permission to access funds and/or economic resources - or part thereof - that have been frozen due to the designation of a person in the UN Security Council List - except for Security Council Resolution No. (1373) - the NCTC notifies the UN Security Council or the relevant sanctions committee that it is in the process of agreeing to grant permission to the applicant to access the frozen funds and/or economic resources, and has received an express consent to allow access to those frozen funds and economic resources. (Quoted from the Second Scenario).
- In case that the person is designated in the Local List and a decision is issued approving the lifting or amending the freezing procedure or permission to access frozen funds or economic resources, the decision shall be published in the Official Gazette and the website of the NCTC.
- All financial institutions, non-financial businesses and professions, non-profit bodies, and the relevant authorities shall be notified of the decision to delist or authorize access, whether the person is on the Local List or the UN List, and those institutions and agencies must take measures to delist or authorize access to the funds and economic resources of that person within a period not exceeding (24) twenty-four hours of being notified.
- The NCTC and the Targeted Financial Sanctions Committee determine the conditions that are considered necessary to prevent the use of funds or economic resources that have been unfrozen or allowed to access to finance terrorism. The procedure for freezing or authorizing access to frozen funds or economic resources may lead to the use of such funds or economic resources in the financing of terrorism.
- The person whose funds or economic resources have been frozen, modified, or granted permission to access them, shall be notified as follows:
- The person residing in the Sultanate of Oman by sending the notice to them by e-mail or to his last registered address, or by any means possible.
- The person whose residing outside the Sultanate of Oman through the Foreign Ministry of Oman to the representative of the country in which he resides or is present.
- The person whose address is unknown through the Foreign Ministry of Oman to the representative of the country whose nationality he holds.