Are there any exemptions/ exceptions to sanctions
The aim of the sanctions regime is to curb the activity of specified individuals/ entities and not target the general masses per se. Hence the sanctions regime includes various exceptions and exemptions.
Often the terms exceptions and exemptions are used interchangeably. However there is a thin line of difference between the same. Exception refers to a situation where a particular activity or transaction is allowed despite the existence of sanctions. Exemption refers to a formal waiver or exclusion from the sanctions regime.
Key exemptions/ exceptions are as under:
- Humanitarian grounds (supply of food, medicine, relied in case of emergencies etc.)
- Issuance of a special permit/ authorisation enabling a sanctioned person/ entity to comply with their pre-existing obligations
- In case of a sector based sanctions, issuance of a special permit/ authorisation to ensure that existing contracts can be honoured
- Any exceptions required for maintenance of diplomatic ties
Can an individual/ entity get its name excluded from sanctions list
Sanctions are typically imposed upon an individual / entity only upon the evidence being available by the sanction imposing authority that they meet the ‘listing’ criteria.
Representation can be made for delisting by submission of an explanation why the listing criteria is no longer applicable. Adequate evidence supporting this claim needs to be furnished. If the sanctioning authority is satisfied with this explanation, the request for delisting may be considered.
The representation for exclusion of name can be made by the individual in case of unilateral sanctions and by a country in case of collective sanctions. The name of an individual is usually delisted after their death.
The above article provides a general overview on the topic. For further information with respect to the exemptions and exclusions pertaining to sanctions, kindly contact services@jneela.com.
