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Chapter II: Provisions relating to the freezing of assets and the prohibition on making assets available to third parties

Article R562-1 of the French Monetary and Financial Code

The internal organisation and procedures provided for in Article L. 562-4-1 must enable the freezing and prohibition on making available measures in accordance with Article L. 562-4 to be applied without delay. This organisation and these procedures shall be adapted to the size and the nature of the activity of the persons subject to these provisions and shall include sufficient material and human resources. The persons referred to in Article…

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Article R562-2 of the French Monetary and Financial Code

A national register of persons subject to a freezing order pursuant to the provisions of this chapter is hereby created. This national register, kept by the Minister responsible for the economy, is intended to provide information to the public and is open to public inspection. Surnames and first names, aliases, date and place of birth, company name and any other information contained in the acts or decisions relating to the…

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Article R562-3 of the French Monetary and Financial Code

I.-The information provided to the Minister responsible for the Economy pursuant to Article L. 562-4 and the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union concerns : 1° Funds and economic resources that have been frozen ; 2° Any transaction credited to an account whose funds are frozen; 3° Where applicable, any transaction considered to be…

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Article R562-4 of the French Monetary and Financial Code

The Minister responsible for the economy shall publish in the real estate register or the land register any decision or deed terminating a freezing order that has been published pursuant to Article L. 562-8. Where applicable, the Minister for the Economy shall publish in the real estate register or the land register authorisations to release or make available all or part of the real estate for which a freezing order…

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Article R562-5 of the French Monetary and Financial Code

The Minister for the Economy, in conjunction with the Minister for the Interior where applicable, may authorise the sale or transfer of assets held by a natural or legal person who is the subject of a freezing measure, if the latter so requests, provided that the proceeds of such sale or transfer are themselves frozen.

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Article R562-6 of the French Monetary and Financial Code

The Minister responsible for the Economy shall notify, by any means allowing acknowledgement of receipt, the decision to unfreeze or make available part of the funds or economic resources taken pursuant to Article L. 562-11 and the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union to the person who is the subject of the freezing measure,…

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Article R562-7 of the French Monetary and Financial Code

The government departments responsible for preparing and implementing freezing measures pursuant to Article L. 562-12 are the Treasury Department, which reports to the Ministry of the Economy, the Customs and Indirect Taxation Department and the Public Finance Department, which report to the Ministry of Public Accounts, and the Public Liberties and Legal Affairs Department, which reports to the Ministry of the Interior. The State department responsible for receiving information likely…

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Article R562-8 of the French Monetary and Financial Code

Silence on the part of the administration shall be deemed to constitute a decision to reject: 1° Applications for authorisation to release or make available part of the funds or economic resources submitted pursuant to the first and second paragraphs of Article L. 562-11; 2° Applications for authorisation to sell or transfer assets as provided for in Article R. 562-5.

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Article R562-9 of the French Monetary and Financial Code

The implied rejection decision referred to in 1° of Article R. 562-8 is made after a period of 15 days from the date of receipt of the application file and the decision referred to in 2°, after a period of 30 days. If the decision is subject to the agreement of an international body, the periods provided for in this article are extended by the time required to obtain such…

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