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Article 4U.K.Assessment of applications

When assessing whether a serious damage to the protected interests as referred to in the second paragraph of Article 5 of Regulation (EC) No 2271/96 would arise, the [F1Secretary of State] shall consider, inter alia, the following non-cumulative criteria, where appropriate:

(a)

whether the protected interest is likely to be specifically at risk, based on the context, the nature and the origin of a damage to the protected interest;

(b)

the existence of an ongoing administrative or judicial investigation against the applicant from, or a prior settlement agreement with, the F2... country which is at the origin of the listed extra-territorial legislation;

(c)

the existence of a substantial connecting link with the F3... country which is at the origin of the listed extraterritorial legislation or the subsequent actions; for example the applicant has parent companies or subsidiaries, or participation of natural or legal persons subject to the primary jurisdiction of the F3... country which is at the origin of the listed extra-territorial legislation or the subsequent actions;

(d)

whether measures could be reasonably taken by the applicant to avoid or mitigate the damage;

(e)

the adverse effect on the conduct of economic activity, in particular whether the applicant would face significant economic losses, which could for example threaten its viability or pose a serious risk of bankruptcy;

(f)

whether the applicant's activity would be rendered excessively difficult due to a loss of essential inputs or resources, which cannot be reasonably replaced;

(g)

whether the enjoyment of the individual rights of the applicant would be significantly hindered;

(h)

whether there is a threat to safety, security, the protection of human life and health and the protection of the environment;

(i)

whether there is a threat to the [F4United Kingdom’s] ability to carry out its humanitarian, development and trade policies or the external aspects of its internal policies;

(j)

the security of supply of strategic goods or services within or to the [F5United Kingdom] and the impact of any shortage or disruption therein;

(k)

the consequences for the [F6financial or economic stability of the United Kingdom or key United Kingdom infrastructure];

(l)

the systemic implications of the damage, in particular as regards its spill over effects into other sectors;

(m)

the impact on the employment market of [F7the United Kingdom];

(n)

any other relevant factor.

Textual Amendments