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The Regulation On Sanctions Against The Taliban

Original Language Title: Forskrift om sanksjoner mot Taliban

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The regulation on sanctions against the Taliban Date FOR-2013-11-08-1294 Ministry Ministry of Foreign Affairs Published in 2013 clip 15 entry into force 08.11.2013 last edited by-2016-05-25-537 Change applies to Norway Pursuant LAW-1968-06-07-4-section 1 Announced at 08.11.2013. 14.20 short title regulations on sanctions against the Taliban Authority: Provided by URkgl.res. november 8, 2013 with the legal authority of the Act 7. June 1968 No. 4 to the implementation of binding decisions of the United Nations Security Council section 1. Promoted by the Ministry of Foreign Affairs.
Changes: modified by regulation 25 may 2016 Nr. 537. section 1. (active area) This regulation applies: a) on the Norwegian territory, including Norwegian airspace b) on board all aircraft or vessel under Norwegian jurisdiction c) on all Norwegian citizens no matter where they are located d) on all legal persons, entities and bodies that are established or founded according to Norwegian legislation e) on all legal persons, entities and bodies with regard to the business they do in whole or in part in Norway.

§ 2. (definitions) Of this regulation is a) "money": financial assets and economic benefits of any kind, including, but not limited to the cash amount of money, checks, claims, bills of Exchange, orders and other payment instruments; in standing with financial institutions or other entities, balances on accounts, claim and claim proof; listed and unlisted financial instruments and debt instruments, including stocks and other holdings, investment certificates, bonds, promissory notes, the purchase or subscription rights, unsecured securities and derivative contracts; interest, dividends and other income of the or values accrued on or generated by assets; credits, offset dishes, warranties, guarantees or fulfillment other financial obligations; letters of credit, konnossementer and mortgage letter; documents showing interests in money or financial resources, and all other export financing documents, b) "formuesgoder": all types of fixed assets, tangible or intangible, real estate or personal property, which is not money, but which can be used to obtain money, goods or services, c) "freezing of funds": to prevent the removal, transfer, modification, or use of, access to, or handling of money in any way that may result in changes in volume , amount, location, ownership, possession, nature or purpose or other changes that could make it possible to use the money, including portfolio management, d) "freezing of the formuesgoder": to prevent formuesgoder in any way be used to raise money, goods or services, including, but not limited to sell, rent or mortgage them, s) "sanctions Committee": the Committee created under the UN Security Council in accordance with article 30 of the United Nations Security Council resolution 1988 (2011).

§ 3. (financial sanctions against listed individuals and entities) All the money and that belongs to or formuesgoder owned, held or controlled by a physical or legal person, an entity, a body or group listed on the Sanksjonskomiteens list, shall be frozen. The freezing money or formuesgoder in accordance with the provision in the first sentence, shall immediately notify the Ministry of Foreign Affairs about this.
No money or formuesgoder will be provided to you, either express or implied, or be for the benefit of natural or legal persons, entities, bodies or groups that are listed on the Sanksjonskomiteens list.
ListBox1 Sanksjonskomiteens includes physical or legal persons, groups, undertakings and entities a) that immediately prior to the adoption of the United Nations Security Council resolution 1988 (2011) was listed as a member of the Taliban, as well as other natural persons, groups, undertakings and entities associated with them, in part A ("natural persons associated with the Taliban") and part B ("Units and other groups and undertakings associated with the Taliban") on the consolidated list of the Committee appointed by resolution 1267 , or b) has determined that sanctions Committee are physical persons, groups, undertakings and entities associated with the Taliban that poses a threat to the peace, stability and security in Afghanistan.

It as a decision on the freeze of assets pursuant to this paragraph addresses, may request to be removed from the list in accordance with United Nations Security Council resolution 2082 (2012). 2 section 4. (exceptions for certain payments) Paragraph 3 does not apply to money or formuesgoder in cases a) where the State Department, at the request of a relevant natural or legal person, has ruled that the money or formuesgodene in) is necessary to cover basic expenses, including payment of food products, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and Government fees, ii) solely to go to the payment of reasonable fees and reimbursement of expenses in connection with the legal aid , iii) solely to go to payment of fees or administration fee for routine storage or management of frozen funds or frozen formuesgoder, or iv) is required to cover the extraordinary expenses, and b) where the sanctions Committee has been advised of the Department's decision, and c) in) where the sanctions Committee, by decisions according to the letter a) in), ii) or iii), has not put forward objections against the decision within three working days after underretningen was given or ii) where the sanctions Committee, by decisions according to the letter a) iv), has approved the decision.

Any person who would like a review under the provisions of the first paragraph, to direct a request to the Ministry of Foreign Affairs.
Ministry of Foreign Affairs shall immediately notify in writing the person who has made the request, and any other persons, bodies or entities that the Ministry know is directly affected, whether the request is taken to follow.
The provisions of section 3 the second paragraph does not apply to amounts that are credited to frozen accounts in the form of a) interest or other forms of return on these accounts, or b) amount due to the payment according to the contracts, agreements or obligations that arose prior to the date when these accounts were covered by the provisions of the United Nations Security Council resolutions.

As with the account they are credited, are also going to interest rates, and benefits created the past due amounts paid out will be frozen.

§ 5. (transfer to frozen accounts) Paragraph 3 Nr. 2 shall not prevent financial or credit institutions in credit frozen accounts when they are transferred money to the accounts belonging to listed natural or legal persons, entities, bodies or groups, provided that also the godskrevne the amounts frozen. The financial or credit institution shall immediately notify the Ministry of Foreign Affairs about such transactions.

section 6. (business that seeks to circumvent the prohibitions) It is forbidden to participate in the business, intentionally that directly or indirectly has the purpose or effect to circumvent the provisions of section 3.

section 7. (except for the responsibility for the money frozen in good faith) If money and formuesgoder be frozen or not provided to you and this is done in the good faith belief that the measure is in accordance with this regulation, it should not result in any form of responsibility for the physical or legal person, entity or body which is carrying out the measure, or to their managers or employees, unless it can be proved that the money or formuesgodene was frozen or not provided as a result of negligence.

section 8. (punishment) Violation of provisions given in this regulation is punishable according to the law to the implementation of binding decisions of the United Nations Security Council section 2.

§ 9. (change of the regulation) The State Department is given the authority to modify, suspend or repeal this regulation.

§ 10. (entry into force forskriftens) This Regulation shall enter into force immediately.