The EU Amends Its Best Practices For The Effective Implementation Of Restrictive Measures

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On July 3, 2024, the Council of the European Union updated its best practices for the effective implementation of restrictive measures ("EU Best Practices").

The EU Best Practices are considered non-exhaustive recommendations of a general nature for effective implementation of restrictive measures in accordance with applicable Union law and national legislation, and are not legally binding. However, in practice they are largely taken into consideration by the national competent authorities ("NCA") and EU operators as soft law.

Some of the changes significantly affect the scope and extent of the EU's restrictive measures (sanctions). The key updates relate to the EU "ownership" and "control" test, as outlined below.