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Council Directive of 24 June 1988 for the implementation of Article 67 of the Treaty (88/361/EEC)

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  • all the operations necessary for the purposes of capital movements: conclusion and performance of the transaction and related transfers. The transaction is generally between residents of different Member States although some capital movements are carried out by a single person for his own account (e.g. transfers of assets belonging to emigrants),

  • operations carried out by any natural or legal person(1), including operations in respect of the assets or liabilities of Member States or of other public administrations and agencies, subject to the provisions of Article 68 (3) of the Treaty,

  • access for the economic operator to all the financial techniques available on the market approached for the purpose of carrying out the operation in question. For example, the concept of acquisition of securities and other financial instruments covers not only spot transactions but also all the dealing techniques available: forward transactions, transactions carrying an option or warrant, swaps against other assets, etc. Similarly, the concept of operations in current and deposit accounts with financial institutions, includes not only the opening and placing of funds on accounts but also forward foreign exchange transactions, irrespective of whether these are intended to cover an exchange risk or to take an open foreign exchange position,

  • operations to liquidate or assign assets built up, repatriation of the proceeds of liquidation thereof(1) or immediate use of such proceeds within the limits of Community obligations,

  • operations to repay credits or loans.

(1)

See Explanatory Notes below.

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