Regulations Implementing the United Nations Resolutions on the Democratic Republic of the Congo

13 (1) A person whose property is affected by the application of section 8 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

(2) If it is established in accordance with Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations, that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following time periods:

• (a) within 15 working days after receiving the application, in the case of property that is necessary for basic expenses, if the Committee of the Security Council does not oppose the application;

• (b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if the Committee of the Security Council approves the application; and

• (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

  • (i) was created or issued before the person became a person designated by the Committee of the Security Council,

  • (ii) is not for the benefit of a person designated by the Committee of the Security Council, and

  • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.