Received: 01 Jan 1970
Accepted: 01 Jan 1970
POSEBNE MERE EVROPSKE UNIJE PROTIV FINANSIRANjA TERORIZMA
Dimitrijević Duško (Институт за међународну политику и привреду, Београд), dimitrijevicd@ diplomacy.bg.ac.rs
In this study the author attached a great importance to the theoretical examination оf certain legal aspects concerning the application of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. This Regulation aims at contributing to the fight against terrorism by preventing the financing of terrorist activities. It supplements the juridical processes relating to terrorist organizations in the EU and in third countries. The Regulation applies on board of any aircraft or vessel under the jurisdiction of an EU country, to any person who is a national of an EU country and to any legal person or entity incorporated or constituted under the law of an EU country or doing business within the EU. It does not cover up the persons, groups and entities sheltered by UN SC Resolutions 1267(1999) and 1390(2002) realized by Regulation (EC) No 881/2002 which imposing certain specific sanctions or restrictive measures directed against certain persons and entities associated with the Al-Qaida network. The financial assets to which the regulation applies include: funds; economic resources; financial assets of every kind etc. These financial assets must not be made available to certain natural or legal persons listed in the regulation on the basis of Common Position 2001/931/CFSP.3 Any financial assets belonging to these persons must be frozen. Banks and other financial institutions, as well as all other natural or legal persons in EU countries, are required to immediately provide any information that facilitates compliance with this Regulation, subject to confidentiality and professional secrecy. By way of derogation, this Regulation does not apply to the addition of interest to frozen accounts. However, such interest must also be frozen. EU countries determine the penalties to be imposed where this Regulation is infringed.
Keywords: EU restrictive measures against financing of terrorism, EU sanctions, the European Council, the European Union