11Permit for assets and controlled assets

11 Permit for assets and controlled assets

(1) The Minister may, on application, grant a person a permit authorising: (a) the making available of an asset to a person or entity that would otherwise contravene subsection 9(1); or (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 10(1).

Note: Section 13A of the Act applies to a permit granted by the Minister under this subsection.

(2) The application must be: (a) for a basic expense dealing, contractual dealing or extraordinary expense dealing; or (b) for: (i) humanitarian assistance or other activities that support basic human needs in Afghanistan; or (ii) for a use of, or dealing with, a controlled asset necessary to ensure the timely delivery of such assistance or to support such activities.

Note: For basic expense dealing, contractual dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

(3) If paragraph (2)(a) applies, the application must specify which kind of dealing mentioned in that paragraph the application is for. (4) If the application is for a basic expense dealing, the Minister: (a) must notify the Committee of the application; and (b) may grant a permit only if 3 working days have passed since the notice was given, and the Committee has not advised against granting a permit to the applicant. (5) If the application is for an extraordinary expense dealing, the Minister: (a) must notify the Committee of the application; and (b) may grant a permit only with the approval of the Committee. (6) The permit is subject to any conditions specified in the permit.

Note: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to this regulation.