CL-2022-000456 - [2025] EWHC 1938 (Comm)

As well as Regulation 269 itself, there are several important supplementary materials published by the EU Council and/or Commission. It was common ground that they are not definitive, and only have the status of opinions; but they should be taken into account.

The EU Council has published a series of updated documents giving guidance to member states and others as to best practices on “restrictive measures” (i.e., sanctions), the most recent iteration being dated 3 July 2024 (the “Best Practices” document). This Best Practices document includes, in particular, guidance relevant to the meaning of “owned” and “held or controlled” in Article 2(1) of Regulation 269. It also discusses the significance of a finding of ownership or control, in the context of Article 2(2).

The EU Commission has published two Opinions on Regulation 269, both responding to questions from the NCAs of member states.

On 29 November 2023, the EU Commission published guidance on the implementation of firewalls in cases of EU entities owned or controlled by a designated person (the “Firewall Guidance”).

On 24 March 2025, the EU Commission published consolidated guidance in response to frequently asked questions in relation to Regulation 269 and Regulation 833 (the “Consolidated FAQ” document). It covered a wide range of topics, including questions relating to Article 2 of Regulation 269.

I was also shown the EU Commission’s Notice dated 1 September 2017, addressing frequently asked questions on EU sanctions relating to Syria (the “Syria FAQ” document). This also contained some relevant guidance on ownership and the significance of a finding of ownership or control for Article 2(2), and it was referred to and adopted in both the 2020 Opinion and the 2021 Opinion.