SCHEDULES

Regulation 88

SCHEDULE 3Treasury licences: purposes

PART 1Designated Persons

Basic needs

1.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.

(2) In the case of an individual, in sub-paragraph (1) “basic needs” includes—

(a)medical needs;

(b)needs for—

(i)food;

(ii)payments of insurance premiums;

(iii)payments of tax;

(iv)rent or mortgage payments;

(v)utility payments.

(3) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for—

(a)payment of insurance premiums;

(b)payment of reasonable fees for the provision of property management services;

(c)payment of remuneration, allowances or pensions of employees;

(d)payment of tax;

(e)rent or mortgage payments;

(f)utility payments.

(4) In sub-paragraph (1)

“dependent” means financially dependent;

“family member” includes—

(a)

the wife or husband of the designated person;

(b)

the civil partner of the designated person;

(c)

any parent or other ascendant of the designated person;

(d)

any child or other descendant of the designated person;

(e)

any person who is a brother or sister of the designated person, or a child or other descendant of such a person.

Legal services

2.  To enable the payment of—

(a)reasonable professional fees for the provision of legal services, or

(b)reasonable expenses associated with the provision of legal services.

Maintenance of frozen funds and economic resources

3.  To enable the payment of—

(a)reasonable fees, or

(b)reasonable service charges,

arising from the routine holding or maintenance of frozen funds or economic resources.

Extraordinary expenses

4.  To enable an extraordinary expense of a designated person to be met.

Pre-existing judicial decisions etc.

5.  To enable, by the use of a designated person’s frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—

(a)the funds or economic resources so used are the subject of the decision or lien,

(b)the decision or lien—

(i)was made or established before the date on which the person became a designated person, and

(ii)is enforceable in the United Kingdom, and

(c)the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.

Humanitarian assistance activities etc.

6.  To enable anything to be done in connection with the performance of—

(a)any humanitarian assistance activity, or

(b)any activity whose purpose is consistent with the objectives of resolution 1718, 1874, 2087, 2094, 2270, 2321, 2356, 2371, 2375 or 2397.

Diplomatic missions etc.

7.  To enable anything to be done in order that the functions of a diplomatic mission or consular post in the DPRK, or of an international organisation enjoying immunities in accordance with international law, may be carried out.

PART 2Non-UN designated persons

Prior obligations

8.  To enable, by the use of a non-UN designated person’s frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—

(a)the obligation—

(i)arose before the date on which the person became a non-UN designated person, and

(ii)does not relate to—

(aa)restricted goods or restricted technology,

(bb)armed forces goods or armed forces technology,

(cc)goods or technology for use by the armed forces of the DPRK, or

(dd)technical assistance, financial services, funds or brokering services related to restricted goods or restricted technology;

(b)no payments are made to another designated person, whether directly or indirectly.

Extraordinary situation

9.  To enable anything to be done to deal with an extraordinary situation.

PART 3Interpretation

10.  In this Schedule—

(a)“armed forces goods” and “armed forces technology” have the same meaning as they have in Part 6;

(b)“designated person” has the same meaning as it has in Part 4 (Finance);

(c)“frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 13, and any reference to a person’s frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purposes of that regulation;

(d)“restricted goods”, “restricted technology and “technical assistance” have the same meaning as they have in Part 6.