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Council Regulation (EU) 2016/44Show full title
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011
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Article 9
1.By way of derogation from Article 5, with regard to persons, entities or bodies listed in Annex II and entities referred to in Article 5(4), the competent authorities in the Member States, as listed in Annex IV, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a)the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established or of a judicial, administrative or arbitral judgement rendered:
(i)
prior to the date on which the person, entity or body was included in Annex II; or
(ii)
prior to the date on which the entity referred to in Article 5(4) was designated by the Security Council;
(b)the funds or economic resources in question will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c)the lien or judgment is not for the benefit of a person, entity or body listed in Annex II or III;
(d)recognising the lien or judgment is not contrary to public policy in the Member State concerned; and
(e)the Sanctions Committee has been notified by the Member State of the lien or judgment.
2.By way of derogation from Article 5, with regard to persons, entities or bodies listed in Annex III, the competent authorities in the Member States, as listed in Annex IV, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a)the funds or economic resources in question are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 5 was included in Annex III, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
(b)the funds or economic resources in question will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c)the decision is not for the benefit of a natural or legal person, entity or body listed in Annex II or III; and
(d)recognising the decision is not contrary to public policy in the Member State concerned.
3.The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under this Article.
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