Book V: Service providers

The freezing orders and prohibitions provided for in Articles L. 562-2, L. 562-3, L. 562-3-1, L. 562-5, L. 712-4 and L. 712-10 or the freezing measures implemented by virtue of acts taken in application of Article 29 of the Treaty on European Union or Article 75 of the Treaty on the Functioning of the European Union may, at the request of the Minister for the Economy, be published in the…

Ministerial decisions taken pursuant to Articles L. 562-2 and L. 562-3 shall be published by extract in the Journal officiel and shall be enforceable from the date of publication. Freezing measures taken pursuant to Article L. 562-3-1 shall be enforceable from the date of publication of the identification details of the designated persons in a national register of persons subject to a freezing measure established by decree of the Conseil…

Measures taken under this Chapter may be invoked against any third party that has a claim on the funds or economic resources subject to a freezing order, including claims arising prior to the taking of such measures.

The Minister for the Economy and the Minister for the Interior may jointly authorise the release and making available of part of the funds or economic resources subject to a freezing order pursuant to Article L. 562-2 if their use is compatible with the protection of public order. The Minister responsible for the economy may authorise the release and making available of part of the funds or economic resources subject…

Banking or professional secrecy shall not prevent the exchange of information between the persons and bodies referred to in Article L. 562-4 and the State departments responsible for preparing or implementing any freezing measure taken under this chapter, Articles L. 712-4 and L. 712-10 or an act adopted pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, where such information makes it possible…

The State shall be liable for the harmful consequences of the implementation in good faith, by the persons referred to in Article L. 562-4, their managers or agents, of the freezing measures or prohibitions adopted pursuant to this chapter. No professional sanction may be imposed on these persons, their directors or agents.

I. – When a credit institution is designated in application of article L. 312-1 to open an account for a person subject to a measure freezing funds and economic resources, it shall seek prior authorisation from the Minister for the Economy before opening the account. Where applicable, this authorisation shall indicate the basic banking services that the credit institution provides to this person. II. – The provisions of this chapter…

A decree in the Conseil d’Etat shall lay down the procedures for applying the provisions of this chapter.