United Nations Financial Sanctions Act
Vanuatu has enacted a new United Nations Financial Sanctions Act in June 2017 that aims to prevent terrorism and impose prohibitions arising from UN Security Council Resolutions and domestic resolutions. The Act outlines a designation process for which prohibitions are placed on persons designated by either the UN Security Council Resolutions or by the Prime Minister of Vanuatu.
Vanuatu FIU is the sanctions secretariat as provided for by the said Act and supports the functions of the newly appointed National Security Advisory Committee that advices the Prime Minister on designation purposes.
United Nations Financial Sanctions Act No. 6 of 2017 | DOWNLOAD | |
Guidance Note to the Reporting Entities & the Public regarding the United Nations Financial Sanctions Act No. 6 of 2017 (the UNFS Act) | DOWNLOAD | |
Application by a foreign Governmentfor designation of a person or entity under section 29 of theUnited Nations Financial Sanctions Act No. 6 of 2017 | DOWNLOAD | |
Application for authorisation to use or deal with property or make property or a financial service available to a designated person or entity under section 15 of the United Nations Financial Sanctions Act No. 6 of 2017 | DOWNLOAD | |
Application for Certificate of Acknowledgement of False Positive Identification under the United Nations Financial Sanctions Act No. 6 of 2017 | DOWNLOAD | |
Property report of a designated person or entity completed under section 16 of the United Nations Financial Sanctions Act No. 6 of 2017 | DOWNLOAD |
United Nations Financial Sanctions Act (Cont.)
Designated persons (natural or legal) will be notified of the prohibitive measures. Avenues are available to designated persons to seek authorisation, review and revocation. Authorisations to deal with frozen assets and have access to financial services, when given, would be for basic expenses, contractual obligations or extraordinary expenses. Authorisations relating to UN Security Council (UNSC) designations must be sought from relevant committees under the UNSC via the Sanctions Secretariat:
- 1267 Committee:www.un.org/sc/suborg/en/sanctions/1267/travel-ban/assetsfreeze
- 1988 Committee:www.un.org/sc/suborg/en/sanctions/1988/exemptions/assets-freeze
- 1718 Committee:www.un.org/sc/suborg/en/sanctions/1718/exemptions-measures/assets-freeze
A person designated by the 1267 or 1988 Committees may also apply to the Focal Point for an exemption to the asset freeze measures, additional information of which may be obtained via contact with the Sanctions Secretariat (www.un.org/sc/suborg/en/sanctions/delisting/travel-ban-and-assets-freeze-exemption-requests).
Review and revocation involves requesting delisting, conducting reviews for revocation or extensions of designations, rights of the designated person to seek judicial review from the courts and requests for false positive matches.
It is important to note that requests for delisting can be made either by requesting via the Sanctions Secretariat or directly to the relevant UNSC Committee. Designated persons listed on the 1267 Sanctions List can submit a request for delisting directly, or via a representative, by contacting the Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaida Sanctions Committee (www.un.org/sc/suborg/en/node/189).
Designated persons listed on the 1988 or 1718 Sanctions Lists can submit a request for delisting directly, or through their State of residence/nationality, to the Focal Point for Delisting (www.un.org/sc/suborg/en/sanctions/delisting/delisting-requests).
Processes for false positive matches, domestic review and revocation are available via contact with the Sanctions Secretariat.
The contact details of the Sanctions Secretariat are as follows:
Tel: (678) 22362
Mob: (678) 7330250
Email: vfiu@vanuatu.gov.vu
United Nations Listing
Reporting entities and persons holding properties for or on behalf of any other persons are required to know and understand their customers or properties held in their custody. Should they become aware that their customer is subject to sanctions or that they hold sanctioned property, reporting entities and such persons must report the matter to the FIU immediately and not to proceed any further with the transaction.
Reporting entities and members of the public may obtain the list of United Nations Listing via this link:
United Nations Sanctions List | GO TO WEBSITE | |
Vanuatu Domestic Sanctions List | GO TO LISTING |