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Council Decision 2011/486/CFSPShow full title

Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

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Article 4

1.All funds and other financial assets or economic resources of individuals, groups, undertakings and entities referred to in Article 1, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, shall be frozen.

2.No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of individuals, groups, undertakings and entities referred to in paragraph 1.

3.Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and other financial assets or economic resources which are:

(a)necessary for basic expenses, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds, other financial resources or economic resources;

(d)necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;

4.The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, assets or resources, and in the absence of a negative decision by the Sanctions Committee within three working days of such notification.

5.Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)interest or other earnings on those accounts; or

(b)payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to restrictive measures,

provided that any such interest, other earnings and payments remain subject to paragraph 1.

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