Council Regulation (EU) 2023/1529 of 20 July 2023 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region

For the purposes of this Regulation, the following definitions apply:

1. ‘brokering services’ means:

   1. the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or

   2. the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;

2. ‘claim’ means any claim, whether asserted in legal proceedings or not, made before or after the date of entry into force of this Regulation, under, or in connection with, a contract or transaction, in particular:

   1. a claim for the performance of any obligation arising under, or in connection with, a contract or transaction;

   2. a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

   3. a claim for compensation in respect of a contract or transaction;

   4. a counterclaim;

   5. a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;

3. ‘contract or transaction’ means any transaction in whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

4. ‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex I;

5. ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or service;

6. ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;

7. ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

8. ‘funds’ means financial assets and benefit of every kind, including, but not limited to:

   1. cash, cheques, claims on money, drafts, money orders and other payment instruments;

   2. deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

   3. publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

   4. interest, dividends or other income on or value accruing from or generated by assets;

   5. credit, right of set-off, guarantees, performance bonds or other financial commitments;

   6. letters of credit, bills of lading, bills of sale;

   7. documents showing evidence of an interest in funds or financial resources;

9. ‘freezing of funds’ means preventing any movement, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;

10. ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, the transmission of working knowledge or skills or consulting services, including verbal forms of assistance;

11. ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.