Chapter-6B Freezing of Property and Funds

Section 29H: Delisting or Defreezing the Properties and Funds

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1) Any person, group or organisation designated in the list of sections 29E and 29F may submit an application to the Ministry of Foreign Affairs and Ministry of Home Affairs, respectively. Any
person, group or organisation affected by the freeing of properties or funds or on other matters due to the order under section 29G may submit an application to the Ministry of Foreign Affairs if the designation has been made pursuant to section 29E and the Ministry of Home Affairs if the designation has been made pursuant to section 29F.

2) If the concerned Ministry receives an application pursuant to the above, it shall make an inquiry. If the applicant is on the list of section 29E, the Ministry of Foreign Affairs shall submit it to the United Nations Organisation. If the applicant is on the list of section 29F, the Ministry of Home Affairs shall submit it to the concerned foreign country through the Ministry of Foreign Affairs.

3) The Ministry of Home Affairs shall inquire if it receives an application pursuant to sub-section (1) or (2)  from the person, group, or organisation designated upon its initiative under the list of 29F. It may delist such person, group, or organisation if it does not find any ground to keep the applicant under the list of section 29F and shall make a defreezing order for his frozen properties or funds.

4) If the petition pursuant to sub-section (1) or (2) is found to be related to the list of persons, groups or organisations who have financed the creation and expansion of terrorist acts or weapons of mass destruction published by the Government of Nepal itself in accordance with section 29F, the Ministry of Home Affairs shall, after conducting necessary investigations, remove the name of such person, group or organisation from such list or confiscate the property or funds held by it, if such person, group or organisation does not see the situation mentioned in sub-section (4) of section 29F or does not see that the petitioner should be included in the list pursuant to section 29F.

5) For the effective implementation of the decisions of the United Nations Security Council, the names of persons, groups or organisations involved in financing terrorist acts or the production and proliferation of weapons of mass destruction shall be included in the list, the names of terrorist persons, groups or organisations listed in accordance with Article 29F shall be included in the list or removed from the list, the property or funds withheld in accordance with Article 29G shall be confiscated, the legal rights of innocent persons (bonafide third parties) shall be properly protected, the minimum expenditure required for the maintenance of property and funds withheld shall be provided for in accordance with the provisions prescribed for the implementation of such decisions.

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Section 29H: Delisting or Defreezing the Properties and Funds

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