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Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo article 4 CELEX: 02005R1183-20250317 1. By way of derogation from Article 2, the competent authorities may authorise the release of certain frozen funds or economic resources, provided the following conditions are met: (a) the funds or economic resources are the subject of: (i) a judicial, administrative or arbitral lien established prior to 18 April 2005 or of a judicial, administrative or arbitral judgement rendered prior to that date, for a natural or legal person, entity or body listed in Annex I; or (ii) an arbitral decision rendered prior to the date on which the natural or legal person, entity or body was listed in Annex Ia, 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 will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgement, within the limits set by applicable laws and regulations governing the rights of persons having such claims; (c) the lien or judgement is not for the benefit of a person, entity or body listed in Annex I or Annex Ia; (d) recognising the lien or judgement is not contrary to public policy in the Member State concerned. |
Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo article 4 CELEX: 02005R1183-20250317 2. For a natural or legal person, entity or body listed in Annex I, the lien or judgement referred to in paragraph 1(a)(i) shall be notified by the Member State to the Sanctions Committee. 3. For a natural or legal person, entity or body listed in Annex Ia, the Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article. |