Recommendation 5

HM Government Not Addressed

34. The UK seeks to mitigate any unintended negative impacts of sanctions and counter terrorism legislation, including on humanitarian aid delivery. We work with our aid partners to understand the impact of sanctions. For example, the UK Tri-Sector Group brings together representatives from UK government, financial institutions and non-governmental organisations (NGOs), and enables dialogue to promote compliance while ensuring that terrorism and sanctions legislation does not unnecessarily impede legitimate humanitarian activities overseas. (Recommendation 4, paragraph 29) We encourage the Government to consider a standing exemption for relevant humanitarian organisations to ensure that they do not risk liability for their legitimate dealings with sanctioned entities. In the meantime, the Office of Financial Sanctions Implementation (OFSI) must provide clearer guidance for the humanitarian sector on the interpretation of sanctions legislation. At the international level, the Government should facilitate consistent good practice with regard to creating humanitarian exemptions to sanctions regimes. Government Response: Agree 35. We are committed to introducing a tailored humanitarian exemption or ‘carve-out’ across the UK’s autonomous sanctions when parliamentary time allows. This follows on from UN Security Council Resolution 2664—a landmark step that introduced a cross-cutting exemption to UN sanctions regimes—to support aid delivery. 36. UK sanctions include a range of humanitarian provisions including licensing grounds and exceptions. The Office of Financial Sanctions Implementation has a comprehensive suite of guidance products to support effective implementation of financial sanctions, OFSI’s general guidance can be found online2 and guidance for charities and NGO’s can also be found 2 https://www.gov.uk/government/publications/financial-sanctions-general-guidance/uk- financial-sanctions-general-guidance online.3 We will continue to work with other parts of government to produce clear guidance for humanitarian actors and those implementing financial sanctions. For example, we worked with the Crown Prosecution Service to provide straightforward legal guidance for humanitarian, development and peacebuilding organisations responsible for delivering aid in high-risk contexts. The UK’s role in monitoring adherence and promoting accountability (Conclusion 8, paragraph 32) During an evidence session, the Minister was unclear about the extent of the application of approved approaches when it came to creative responses to the situation in Gaza. There are various mechanisms available at the international, regional and domestic levels for holding states and non-state actors to account for alleged breaches of IHL—breaches which include the killings of aid workers and unlawful blockades of humanitarian aid and assistance. The UK has an important role to play in supporting, funding and participating in these mechanisms.