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The Libya (Restrictive Measures) (Overseas Territories) Order 2011

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Licences

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15.—(1) The Governor may grant a licence to disapply the prohibition in articles 10(1) or 11(1) in relation to the acts specified in the licence.

(2) A licence may relate to—

(a)basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges after notification to the Sanctions Committee and no objection having been made with 5 working days of such notification;

(b)payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services after notification to the Sanctions Committee and no objection having been made within 5 working days of such notification;

(c)payment of fees or service charges for the routine holding or maintenance of frozen funds, other financial assets and economic resources after notification to the Sanctions Committee and no objection having been made within 5 working days of such notification;

(d)payment of necessary extraordinary expenses as determined by the Governor and approved by the Sanctions Committee;

(e)satisfaction of a judicial, administrative or arbitral lien or judgement provided that the lien or judgement was entered into prior to 26th February 2011(1) and is not for the benefit of a designated person and has been notified to the Sanctions Committee;

(f)payment by a designated person of sums due under a contract entered into prior to the date on which the person was so designated, provided that the payment is not directly or indirectly received by another designated person and the Sanctions Committee has been notified of the intention to make or receive such payments or has been notified 10 working days in advance of the intention to authorise the unfreezing of funds, other financial assets or economic resources for the payment of the sums due.

(3) A licence may be—

(a)general or granted to a category of persons or to a particular person;

(b)subject to conditions; or

(c)of indefinite duration or subject to an expiry date.

(4) The Governor may vary or revoke a licence at any time.

(5) The Governor, where he grants, varies or revokes a licence, shall—

(a)in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and

(b)in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.

(1)

This is the date on which the Security Council resolution 1970 (2011) came into force.

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