Derogations

The General Administration of Treasury can grant on request derogations from financial sanctions.

The financial and non-financial institutions are obliged to check if they have funds on behalf of persons and entities concerned by the regulations. In this case, they must apply the imposed freezing measures and inform immediately the Treasury of that fact. The aforementioned institutions must also tell the General Administration of Treasury if they keep funds on behalf of these persons and entities.

With each new addition of persons or entities, each institution must analyze them in order to determine if they keep funds on behalf of these persons or entities.

Which information must be mentioned in a request for derogation as regards the freezing of funds and economic assets?

The requests as regards the authorisation for the release or transfer of funds and economic assets must mention the following information:

  • The regulation and the article concerned;
  • The identity of the debtor/instructing party;
  • The identity of the creditor/beneficiary;
  • The amount and the currency unit for which the release is requested;
  • The motive for the request for derogation;
  • The data as regards the banks and the institutions concerned by this operation;
  • The date of the agreement, the convention or the obligation pursuant to which the payment is possibly due;
  • The supporting documents allowing the General Administration of Treasury to carry out checking (for instance a copy of the invoice);
  • In case of transfer of goods - the description of the nature of the goods (for instance the product fiche)
  • In case of transfer of weapons or dual use goods, the licences received from following authorities: 
    • the Flemish Region: Internationaal Vlaanderen, Boudewijnlaan 30 - bus (PO Box) 80 1000 Brussels; 
    • For the Walloon Region: Direction générale opérationnelle de l'Economie, de l'Emploi et de la Recherche-Direction des Licences d'Armes, Place de la Wallonie 1, 5100 Namur (Jambes); 
    • For the Region of Brussels Capital: External Relations Directorate Licence Cell, Boulevard du Jardin Botanique, 20, 1035 Brussels

Where to send the request for derogation in Belgium?

This request must be sent to the General Administration of Treasury:

The assets frozen in Belgium can never be released without the express authorisation of the General Administration of Treasury.

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