Council Regulation (EC) No 3275/93 of 29 November 1993 prohibiting the satisfying of claims with regard to contracts and transactions the performance of which was affected by the United Nations Security Council Resolution 883 (1993) and related resolutions
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Change 1
Article 1
For the purposes of this Regulation: 1. ‘contract or transaction’ means any transaction of 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, financial guarantee and indemnity or credit whether legally independent or not and any related provision arising under or in connection with the transaction; 2. ‘claim’ means any claim, whether asserted by 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, and in particular includes: (a) a claim for performance of any obligation arising under in connection with a contract or transaction; (b) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (c) a claim for compensation in respect of a contract or transaction; (d) a counter-claim; (e) 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. ‘measures decicided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions’ means measures of the United Nations Security Council or measures introduced by the European Communities or any State, country or international organization in conformity with, as required by, or in connection with the implementation of relevant decisions of the United Nations Security Council, or any action authorized by the United Nations Security Council, in respect of the prevention of certain trade with Libya; 4. ‘person or body in Libya’ means (a) the Libyan State or any public authority thereof; (b) any Libyan national; (c) any body having its registered office or headquarters in Libya; (d) any body controlled, directly or indirectly, by one or more of the abovementioned persons or bodies; (e) any person claiming through or for the benefit of any person or body mentioned under (a), (b), (c) or (d) above. Without prejudice to Article 2, performance of a contract of transaction shall also be regarded as having been affected by measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions where the existence or content of the claim results directly or indirectly from those measures.
Article 1
For the purposes of this Regulation: 1. ‘contract or transaction’ means any transaction of 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, financial guarantee and indemnity or credit whether legally independent or not and any related provision arising under or in connection with the transaction; 2. ‘claim’ means any claim, whether asserted by 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, and in particular includes: (a) a claim for performance of any obligation arising under in connection with a contract or transaction; (b) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (c) a claim for compensation in respect of a contract or transaction; (d) a counter-claim; (e) 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. ‘measures decicided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions’ means measures of the United Nations Security Council or measures introduced by the European Communities or any State, country or international organization in conformity with, as required by, or in connection with the implementation of relevant decisions of the United Nations Security Council, or any action authorized by the United Nations Security Council, in respect of the prevention of certain trade with Libya; 4. ‘person or body in Libya’ means (a) the Libyan State or any public authority thereof; (b) any Libyan national; (c) any body having its registered office or headquarters in Libya; (d) any body controlled, directly or indirectly, by one or more of the abovementioned persons or bodies; (e) any person claiming through or for the benefit of any person or body mentioned under (a), (b), (c) or (d) above. Without prejudice to Article 2, performance of a contract of transaction shall also be regarded as having been affected by measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions where the existence or content of the claim results directly or indirectly from those measures.
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