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ARTICLE · 05 SEPTEMBER 2012

Newsflash Export Control Law, June 2012

The Higher Regional Court of Hamburg has ruled that banks cannot simply terminate the accounts of enterprises that are listed in the so-called Iran Embargo Regulation.

GermanyInternational Law

The Higher Regional Court [Oberlandesgericht, OLG] of Hamburg has ruled that banks cannot simply terminate the accounts of enterprises that are listed in the so-called Iran Embargo Regulation. The proceedings have highlighted a situation increasingly being faced by bank customers in connection with their legal business conducted with Iran: where the business policy decisions of banks exceed the legal stipulations of the Iran Embargo Regulations.

A corporation and the applicant in said proceedings renders a variety of services, in particular for the Islamic Republic of Iran Shipping Lines. In the annexes of the Council Regulation (EU) concerning Restrictive Measures Against Iran (EU/267/2012), the so-called Iran Embargo Regulation, the company is listed as an entity whose assets are to be frozen and to whom no economic resources may be made available. The respondent is a Hamburg commercial bank where the applicant holds an account. The Hamburg bank terminated the

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