| (2) | In Article 2a paragraphs 1 and 2 are replaced by the following:
‘1. Article 2 shall not apply to funds or economic resources where:
| (a) | any of the competent authorities of the Member States, as listed in Annex II, has determined, upon a request made by an interested natural or legal person, that these funds or economic resources:
| (i) | are necessary to cover basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
| (ii) | are intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
| (iii) | are intended exclusively for payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; |
| (iv) | are necessary for extraordinary expenses; or |
| (v) | were frozen pursuant to the inclusion, in Annex I, of a natural person as listed in Annex Ia; and |
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| (b) | the determination referred to in point (a) has been notified to the Sanctions Committee; and
| (i) | in the case of a determination under point (a)(i), (ii) or (iii), the Sanctions Committee has not objected to the determination within three working days of notification; |
| (ii) | in the case of a determination under point (a) (iv), the Sanctions Committee has approved the determination; or |
| (iii) | in case of a determination under point (a)(v), the competent authority of the relevant Member State, as listed in Annex II, has provided assurances to the Sanctions Committee that the funds or economic resources will not be transferred, directly or indirectly, to any natural or legal person, entity, body or group, as listed in Annex I, or otherwise used for terrorist purposes, in line with UNSCR 1373 (2001), and no member of the Sanctions Committee has objected to the determination within 30 days of notification.’ |
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