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Requirements of indirect restrictive measures

by Tobias Schöppner

The European Union has enacted numerous regulations which impose certain specific restrictive measures against the persons and entities listed in appendixes to those regulations. Such persons will be forced to act in accordance with international law using economic and political pressure. Among these regulations are Council Regulation (EC) No 881/2002 (Usama bin Laden, Al-Qaida, Taliban) and Council Regulation (EC) No 2580/2001 (Terrorism). In each case, parts of these regulations impose a prohibition:

“No economic resources shall be made available, directly or indirectly, to, or for the benefit of, a natural or legal person, group or entity designated by (…) and listed in (…), so as to enable that person, group or entity to obtain funds, goods or services.”

These regulations call upon economic operators to observe the law and hence all sanction lists in any sort of business. If they fail to comply they will face severe consequences.

The subject of the dissertation is the review of these regulations with regard to their compatibility with European Fundamental Rights and basic principles of a constitutional state. It will include the content of the regulations and the interpretation of the requirements as well as a suggestion for a definition of making something indirectly available to, or for the benefit of somebody. If the regulations do not comply with European Fundamental Rights and certain legal principles there might be a need to amend unwritten requirements.



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