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The mechanism of implementing Security Council Resolutions


The mechanism of implementing Security Council Resolutions under Chapter VII of the UN Charter which are related to the prevention of proliferation of weapons of mass destruction and its financing. 

Article One: 

For the application of this mechanism, the following terms and expressions shall have the meanings respectively indicated below, unless the context indicates otherwise: 
The mechanism: 
The mechanism of implementing Security Council Resolutions under Chapter VII of the UN Charter which are related to the prevention of proliferation of weapons of mass destruction and its financing. 
Freezing of funds: 
Prohibit any transporting, transferring, converting, or using funds in a way that might result in changes in their amount, quantity, location, ownership, nature, or destination, or may allow in any possible way using these funds in portfolio management, or obtaining money, goods, or services including through their sale, renting or mortgaging. 
Security Council Resolution: 
Security Council resolution under Chapter VII of the Charter of the United Nations. 
Sanctions Committee: 
The committee created under the Security Council resolution. 
‏ ‏ 
Permanent ‏ ‏ committee: 
The permanent ‏ ‏ committee is responsible for implementing Security Council Resolutions under Chapter VII of the UN Charter formed under the royal decree no. (7753 ‏/‏ M B) of 29-10-1427 A.H. 
Person: 
any natural person or has legal status person. 

Article Two: 

The permanent ‏ ‏ committee shall be responsible for following up the implementation of Security Council Resolutions related to the prevention of proliferation of weapons of mass destruction and its financing, and taking the necessary measures without delay including addressing the concerned authorities to implement the measures contained in the Security Council Resolutions. These authorities shall forward the executed measures to the permanent committee in order to notify the Sanctions Committee about it. 

Article Three: 

  1. Any person- including financial institutions and relevant non-financial businesses and professions- shall freeze funds belonging to any person or entity listed by the sanction committee under the Security Council resolution whether owned jointly or privately, or directly or indirectly under his control without delay or prior warning. 
  2. Freezing measures include all the following funds: 
    • a- Funds coming or arising from funds mentioned in ‏ ‏ paragraph (1) of this article. 
    • b- Money disposed by anyone on behalf of a person or entity listed, or under the guidance of it, or owned or controlled directly or indirectly by it. Including through unlawful means. 

Article Four: 

It’s prohibited for anyone –including the specified financial institutions, business and non-financial occupations- to make funds available or to provide investment services, mediation, or any other kind of financial services, directly or indirectly to any of the following: 
  1. A person or entity listed by the Sanctions Committee or by Security Council Resolution, or in favor to any of them. 
  2. A person acting on behalf of a person or entity listed or under the guidance of it, or owned or controlled by it. 

Article Five: 

Provisions listed in article (Three) and (Four) of the mechanism do not prevent financial institutions from depositing funds in frozen accounts, when they’re interests or dividends payable to the account or payments due it under contracts or agreements or commitments concluded. Or if these funds are existed before the date of listing the person or entity. Provided that the funds deposited in the account be frozen. The financial institutions shall report these operations without delay to the permanent committee through regulators. 


Article Six: 

Without prejudice to article (Three) and (Four) of the mechanism, the permanent committee may make funds available, or release some of the frozen money –under the conditions that it deems appropriate- if the committee considers the following: 
  1. The funds are subjected to mortgage,   judicial decision , arbitral award, or administrative decision issued before the date of listing the person or entity by the Sanctions Committee or by Security Council Resolution. 
  2. The funds used exclusively ‏ ‏ to meet the needs guaranteed by this mortgage or its validity acknowledged in judgement or decision. 
  3. The mortgage, judgement, or decision are not in favor of the person or entity listed by the Sanctions Committee or by Security Council Resolution. 
  4. The mortgage, judgement, or decision are not against the provisions applicable in Saudi Arabia. 
Before releasing funds or making them available under this article, the permanent committee –according to the provisions included in the Security Council Resolution- shall report this mortgage, judgement, or decision and the suggested course of action to the Sanctions Committee. 

Article Seven: 

Without prejudice to article (Three) and (Four) of the mechanism, if a payment due owed by the person or entity listed by Sanctions Committee or Security Council Resolution under contracts or agreements or commitments concluded or existed before the date of listing the person or entity, committee may release some of the frozen money –under the conditions that it deems appropriate- if the committee considers the following:
 
  1. The funds will be used for payment by the person or entity listed by the Sanctions Committee or Security Council Resolution. 
  2. The payment ‏ ‏ is not related to a contract to obtain any materials, equipment, goods, technologies, training, assistance, financial services, investment services, mediation, or any other activities referred to in the Security Council Resolution. 
  3. This payment does not violate the provision included in article (Four) of the mechanism. 

Before releasing funds under this article, the permanent committee –according to the provisions included in the Security Council Resolution- shall report the suggested course of action to the Sanctions Committee. 

Article Eight: 

Without prejudice to article (Three) and (Four) of the mechanism, the permanent committee may –upon the request of the Sanctions Committee- make funds available or release some of the frozen funds under the conditions that it deems appropriate, if the funds are: 
  1. Needed to carry out the activities of the missions of other countries to the UN, its specialized agencies or related organizations. 
  2. Needed to achieve any other purpose consistent with the Security Council goals. 

Article Nine: 

Without prejudice to Article (Three) and (Four) of the mechanism, the committee may make funds available or release some of the frozen funds under the conditions that it deems appropriate if the committee considers the following: 
  1. The funds are essential to meet the basic needs of the person listed by the Sanctions Committee or Security Council Resolution or any of his family members, including food, rent, mortgage medications, medical treatments, taxes, insurance, or public services costs. 
  2. The funds are used exclusively to pay the reasonable costs related to providing legal services. 
  3. The funds are used exclusively to pay the fees of deserved service costs in return for routinely managing frozen funds. 
Before releasing funds under this article, the permanent committee –according to the provisions included in the Security Council Resolution- shall report the suggested course of action to the Sanctions Committee. 

Article Ten: 

Without prejudice to Article (Three) and (Four) of the mechanism, the permanent committee may make funds available or release some of the frozen funds after deciding that they are essential to pay for exceptional expenditures after reporting to the Sanctions Committee and receiving approval to the course of actions suggested by it.  

Article Eleven: 

The specified financial institutions, business and non-financial occupations shall applicate the needed procedures established by regulators to implement Security Council Resolutions. 

Article Twelve: 

The specified financial institutions, business and non-financial occupations shall do the following: 
  1. Report freezing any funds or taking any measures under the Security Council Resolutions to the permanent committee through regulators. 
  2. The permanent committee shall immediately be provided with any information related to Security Council Resolutions through regulators except confidential information.

Article Thirteen: 

In case of negligence or delay to any reason for whatever reason in the implementation of actions included in the mechanism, the person shall be punished –including specified financial institutions, business and non-financial occupations- according to the applicable regulations. 

Article Fourteen: 

  1. The permanent committee has the right to provide instructions –upon the request of the related requester- to amend the measure of a particular freezing implemented according to article (Three) of the mechanism, or lift it if the person or entity subjected to freezing turned out not to be the person or entity specified by the Sanctions Committee or security council resolution. 
  2. The permanent committee shall inform any person –through regulators- who file the request or is related to its decision regarding amending freezing measures or lifting it. If the committee decided to reject a request filed according to this article, the applicant may file a request to the competent court to look into the permanent committee’s resolution within (thirty) days from the date of receiving a notification of its decision, without prejudice to the rights of the goodwill person. 

Article Fifteen: 

  1. Any person or entity listed by the Sanctions Committee or Security Council Resolution who is of a Saudi nationality or own a work or residence place in The Kingdom of Saudi Arabia may submit a request to be omitted from the list to regulators who shall transfer the request to the Ministry of Foreign Affairs to be sent to the UN or directly to the focal points at the UN. 
  2. The applicant shall clarify in the request the reasons of failure to meet the listing standards stated in Security Council Resolution, and attach information about its profession or current activities and any other related information. Any supporting document to the request shall be attached with an explanation of its relation to the subject, when appropriate. 

Article Sixteen: 

The permanent ‏ ‏ committee is responsible for suggesting names of persons or entities that have the standards of listing stated in Security Council Resolution for the Sanctions Committee.