UN sanctions list

RESOLUTION ON DESIGNATION OF TERRORISTS, FREEZING OF ASSESTS AND REVIEW OF FROZEN ASSETS

Attachment to the Government resolution Number 347 of October 12, 2013

RESOLUTION ON DESIGNATION OF TERRORISTS, FREEZING OF ASSESTS AND REVIEW OF FROZEN ASSETS.

ARTICLE 1. GENERAL

1.1. The purpose of this regulation is to identify, designate, list or de-list persons and entities and unfreeze, provide access to frozen funds, review designations, protect rights of bona fide third parties in relation to asset freeze actions pursuant to the Article 6.1.6, 7.1.7 and Article 8.2 of Anti terrorism law of Mongolia and United Nations Security Council Resolutions.

1.2. The following definitions shall be understood as follows:

1.2.1. “Designation” refers to the identification of an individual or entity that is subject to targeted financial sanctions pursuant to international obligations under United Nations Security Council Resolution (UNSCR 1267) and successor resolutions and United Nations Security Council Resolution (UNSCR 1373), including the legal determination that the relevant sanctions will be applied to the individual or entity and the public communication of that determination.

1.2.2. “Targeted financial sanctions” refers to those measures that Mongolia undertakes to implement the following economic and financial obligations pursuant to UNSCR 1267 and successor resolutions and UNSCR 1373 and successor resolutions:

1.2.2.1. freeze assets of persons designated pursuant to UNSCR 1267 and successor resolutions and those that meet the criteria specified in UNSCR 1373;

1.2.2.2. report any assets frozen to competent authorities;

1.2.2.3. prohibit unlicensed transactions or dealings with such designated parties

1.2.3. ”funds”  means any assets, including, but not limited to, financial assets, economic resources, property of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets and includes  funds and assets from a legitimate or illegitimate source.

1.2.4. “UN Sanctions Committee” means the Committees of the Security Council of the United Nations established by UNSCR 1267 of October 15, 1999 and UNSCR 1988 or any other Committee of the Security Council of the United nations that has been established to implement the provisions of an enforced United Nations Security Council resolution.

1.2.5. Competent Authority” means the General intelligence agency, Police, the Bank of Mongolia, Financial regulatory committee.

1.2.6. “Designated non financial businesses and professions” mean real estate agents, dealers in precious metals and dealers in precious stones, lawyers, notaries, other independent legal professionals and accountants, trust and company service providers.

ARTICLE 2. AUTHORITIES FOR DESIGNATIONS AND COMMUNICATIONS OF DESIGNATIONS

2.1. For UNSCR 1267 and its successor resolutions, designations relating to Al-Qaida are made by the 1267 Committee, and designations pertaining to the Taliban and related threats to Afghanistan are made by the 1988 Committee.

2.2. The General intelligence agency shall be an authorized agency (Agency) to implement this regulation and targeted financial sanctions under the Article 6.1, 7.1.7, 8.2 of Anti terrorism law of Mongolia and United Nation Security Council resolutions.

2.3. Agency shall designate persons or entities that meet the specific criteria for designation, as set forth in UNSCR1373 (2001), as put forward either on it is own motion or, after examining and giving effect to the request of another country, if it is satisfied that a requested designation is supported by reasonable grounds, or a reasonable basis, to suspect or believe that the proposed designee meets the criteria for designation in UNSCR1373.

2.4. Agency shall publish the designations made by Article 2.1, 2.3 of this regulation and communicate them without delay through the competent authorities to the relevant financial institutions and designated non financial businesses and professions.

2.5. Agency may designate a person, group or entity pursuant to regulation even in the absence of any criminal investigation or proceedings against that person, group or entity.

2.6. Agency shall inform designated individuals and entities of the followings, within 15 working days after the designation has taken effect:

         2.6.1. the designation and its implications.
         2.6.2. the review procedure and information on the de-listing process.
         2.6.3. reasons for designation.
         2.6.4. procedures to allow licensed access to funds for basic expenses.
         2.6.5. existence of a focal point in the United Nations Secretariat to facilitate applications for de-listing under UNSCR 1267

ARTICLE 3. AUTHORITY TO PROPOSE FOR DESIGNATION

3.1. Agency shall propose through Ministry of Foreign Affairs to the relevant Committee of the United Nations, for designation as appropriate, persons or entities that meet the specific criteria for designation if Agency decides to do so and believes that it has sufficient evidence to support the designation criteria.

3.2. When proposing names to the 1267 Committee for inclusion on the Al-Qaida Sanctions List, pursuant to UNSCR1267 (1999) and its successor resolutions, Agency shall take the following measure:
    3.2.1. follow the procedures and standard forms for listing, as adopted by the 1267 Committee;
    3.2.2. provide as much relevant information as possible on the proposed name, in particular, sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings, and entities, and to the extent possible, the information required by Interpol to issue a Special Notice;
    3.2.3. provide a statement of case which contains as much detail as possible on the basis for the listing, including specific information supporting a determination that the person or entity meets the relevant criteria for designation, the nature of the information, supporting information or documents that can be provided, and details of any connection between the proposed designee and any currently designated person or entity.

3.4. Agency shall consult with the Ministry of Foreign Affairs whether Mongolian status as a designating state may be made known.

3.5. Agency shall solicit and consider information from all relevant sources, including competent authorities to identify, and to collect identifier information about persons and entities that, based on reasonable grounds to suspect or believe, meet the criteria for designation described in this regulation.

ARTICLE 4. ROLES AND RESPONSIBILITIES OF COMPETENT AUTHORITIES FOR ENFORCEMENT DESIGNATION, DELISTING AND UNFREEZING.

4.1. Agency shall be responsible for implementing and enforcing targeted financial sanctions, in accordance with the standards and procedures described in this regulation.

4.2. For the purposes of Article 4.1 of this regulation Agency shall cooperate and communicate with competent authorities.

4.3. Agency shall adopt a regulation which protects the rights of bona fide third parties acting in good faith when implementing the obligations under this regulation.

4.4. Agency shall be responsible of receiving and reviewing of applications in relation to release of funds affected by designations for the purposes of protection of bona fide third parties. 

4.5. For the purposes of implementing this regulation Agency has a right to request the affected parties to present the case in person.

4.6. Agency shall inform the affected parties on its decision within 30 working days after receiving of release of funds application pursuant to Article 4.4 of this regulation.

4.7. Agency shall develop and implement publicly known procedures to submit de-listing requests to the Security Council in the case of persons and entities designated pursuant to UNSCR1267 and its successor resolutions that, if the Agency considers that the person does not or no longer meet the criteria for designation.

4.8. In the case of de-listing requests, such procedures and criteria issued by Agency shall be in accordance with procedures adopted by the relevant Committees under Security Council resolutions of United Nations.

4.9. Agency shall review and determine if funds or other assets of persons and entities designated by the Security Council, or one of its relevant sanctions committees, are necessary for basic expenses, for the payment of certain types of fees, expenses and service charges, or for extraordinary expenses.

4.10. Agency shall authorize the access to funds or other assets described in the Article 4.9 of this regulation.

4.11. Agency shall authorize access to funds or other assets, if freezing measures are applied to persons and entities designated pursuant to UNSCR1373 (2001) and as set out in resolution 1963 (2010).

4.12. Agency shall be responsible of reviewing and resolving challenges of designations made by designated persons or entities.

4.13. Agency shall inform designated persons and entities of the availability of the United Nations Office of the Ombudsperson, pursuant to resolution 1904, to accept de-listing petitions with respect to designations on the Al-Qaida Sanctions List,

4.14. Agency shall communicate through competent authorities de-listings and unfreezing to the financial sector and the DNFBPs immediately upon de-listings and unfreezing.

4.15. For the purposes of implementing Article 4.14 of this Regulation Agency shall provide a guidance to financial institutions and other persons or entities, including DNFBPs, that may be holding targeted funds or other assets, on their obligations to respect a de-listing or unfreezing action.

4.16. Agency shall unfreeze the funds or other assets of persons or entities with the same or similar name as designated persons or entities, who are inadvertently affected by a freezing mechanism within 15 working days, upon verification that the person or entity involved is not a designated person or entity.

4.17. Agency shall develop and implement procedures to communicate unfreeze decision stipulated in the Article 4.16 of this Regulation.

ARTICLE 5. ROLES AND RESPONSIBILITIES OF NATIONALS OF MONGOLIA
AND ENTITIES OPERATING IN MONGOLIA.

5.1. All natural and legal persons within Mongolia shall freeze, without delay and without prior notice, the following funds or other assets of designated persons and entities pursuant to this regulation and Article 7.1.7 of Anti terrorism law:
    5.1.1. all funds or other assets that are owned or controlled by the designated person or entity, and not just those that can be tied to a particular terrorist act, plot or threat;
    5.1.2. funds or other assets that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities;
    5.1.3. the funds or other assets derived or generated from funds or other assets owned or controlled directly or indirectly by designated persons or entities, as well as funds or other assets of persons and entities acting on behalf of, or at the direction of, designated persons or entities.

5.2. Banks shall report to the Bank of Mongolia and financial institutions and DNFBPs shall report to Financial regulatory committee of any assets frozen or actions taken in compliance with the prohibition requirements of this regulation, including attempted transactions.

SIGNATURE.                     PRIME MINISTER

UN Sanctions List

DE-LISTING

Security Council press releases are issued each time a change is made to the Al-Qaida Sanctions List, including when the names of individuals and entities are removed from the Al-Qaida Sanctions List pursuant to a decision by the Committee. All such press releases remain available on the Committee’s website at: http://www.un.org/sc/committees/1267/pressreleases.shtml. 

The Committee has made available basic information on de-listing procedures in a ‘Fact Sheet on de-listing’ which can be accessed through the link below. A standard form for de-listing requests is also available through the relevant link below. The procedures for the submission of delisting requests are set out in section 7 of the Committee’s Guidelines.

By resolution 1904 (2009), the Security Council established an ‘Office of the Ombudsperson’ to assist the Committee in considering de-listing requests. On 3 June 2010, the Secretary-General appointed Ms. Kimberly Prost to serve as Ombudsperson. On 17 June 2011, by resolution 1989 (2011), the Security Council extended the mandate of the Ombudsperson until December 2012. On 17 December 2012, by resolution 2083 (2012), the Security Council further extended the mandate of the Ombudsperson for a period of thirty months. The Ombudsperson process is set out in Annex II of resolution 2083 (2012). The Ombudsperson can be reached by e-mail at ombudsperson@un.org.

>> For additional details on the status of de-listing requests submitted to the Office of the Ombudsperson, please refer to the status page on the website of the Office of the Ombudsperson.

Relevant documents and links:

Security Council Sanctions Committee Concerning Iraq Removes One Entity from Its Sanctions List

Contact information

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