Revised Laws of Saint Lucia (2022)

17.   Variation of freezing order

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   (1)   Subject to subsection (2), the Attorney General may apply to the court for a variation of a freezing order in respect of a listed entity if he or she determines that the circumstances under section 15(1) no longer exist.

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   (2)   The Attorney General shall not make an application under subsection (1) —

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      (a)     in respect of a variation in relation to matters provided in subsection (4)(a), (b) and (d), unless he or she has first notified the appropriate United Nations Security Council Committee of his or her intention to apply to the court for the order and that Committee has not indicated its objection to the application to the court within five working days of being notified;

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      (b)     in respect of a variation in relation to matters provided in subsection (4)(f), unless he or she has first notified the appropriate United Nations Security Council Committee of his or her intention to apply to the court for the order and that Committee has not indicated its objection to the application to the court within ten working days of being notified;

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      (c)     in respect of a variation in relation to matters provided in subsection (4)(h), unless he or she has first notified the appropriate United Nations Security Council Committee of his or her intention to apply to the court for the order and has obtained the approval of that Committee to make an application to the court;

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      (d)     in respect of any other variation unless he or she has first notified the appropriate United Nations Security Council Committee of his or her intention to apply to the court for a variation, and that Committee has not indicated its objection to an application to be made to the court.

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   (3)   The court may on the application of the Attorney General or a person affected or likely to be affected by a freezing order, vary the freezing order.

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   (4)   Subject to subsection (6), where a freezing order is made in respect of a listed entity the court may, in varying the freezing order —

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      (a)     make provision for meting out of the property, reasonable living expenses, including —

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         (i)     mortgage or rent payments,

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         (ii)     allowances for food, medicine and medical treatment,

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         (iii)     payments due as a result of an order of the court,

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         (iv)     provision for the reasonable living expenses of dependents, including educational expenses, and

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         (v)     provision for taxes, insurance premiums and public utilities;

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      (b)     make provision for reasonable legal expenses, including expenses incurred in defending a criminal charge or any proceedings connected to the criminal charge, and any proceedings under this Act;

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      (c)     make provision for expenses necessary to enable a person to carry on a trade, business, profession or occupation;

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      (d)     make provision for fees or service charges for routine holding or maintenance of frozen property or other financial assets;

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      (e)     make provision for such sums as are necessary for the satisfaction of judicial, administrative or arbitral lien or judgment, if the lien or judgment was entered prior to the issue of a United Nations Security Council Resolution in respect of a listed entity;

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      (f)     make provision for the listed entity making a payment due under a contract that was entered into prior to the date of making of the freezing order, if the court is satisfied that —

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         (i)     the contract is not related to items, materials, goods, technologies, assistance, investment, brokering or services prohibited under this Act or a United Nations Security Council Resolution,

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         (ii)     the contract was entered into prior to the issue of a United Nations Security Council Resolution in respect of the listed entity,

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         (iii)     the payment will not be directly or indirectly received by a person other than the listed entity;

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      (g)     make provision for the release of property for extraordinary expenses;

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      (h)     authorize the release of property for civil nuclear cooperation projects being undertaken by a proscribed country; and

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      (i)     make the listed entity subject to any other condition that the court considers reasonable.

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   (5)   A person who has an interest arising out of a contract which is affected by a freezing order, may make a request to the Attorney General to apply to the court for a variation of the freezing order in accordance with subsection (4)(f).

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   (6)   The court shall not vary a freezing order in accordance with subsection (4)(f) if a contract is related to items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, brokering or services prohibited under this Act, or a United Nations Security Council Resolution.