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近年来,美欧经济制裁制度运作中的分歧呈增长趋势,美欧对伊朗等国及相关实体和个人的经济制裁对第三国及跨境交易造成的风险不容忽视。本文梳理了欧盟普通法院2013年9月就欧盟理事会针对35个伊朗实体和个人的经济制裁分别作出的15项判决,评析了欧盟理事会应对司法审查的措施以及欧盟和欧盟成员国面临的损害赔偿风险,根据伊核问题最新进展指出美欧经济制裁制度运作中的差异在微观层面导致交易的不确定性将长期存在。本文建议从事国际能源贸易与投资的中国企业关注并审慎评估制裁制度运作中的分歧与调和,及时掌握美欧制裁名单的变化,据此开展必要的尽职调查,以有效识别和控制跨境交易风险。
In recent years, the disagreements in the operation of the economic sanctions regime in the United States and Europe have shown an increasing trend. The risks that the United States and Europe impose on third countries and cross-border transactions by economic sanctions against countries such as Iran and related entities and individuals can not be ignored. This article reviews 15 judgments made by the European Court of Justice in September 2013 regarding the economic sanctions imposed by the EU Council against 35 Iranian entities and individuals respectively and assesses the EU Council’s measures to deal with judicial review and the damage the EU and EU member states are facing According to the latest progress of the Iranian nuclear issue, it is pointed out that the differences in the operation of the U.S.-European economic sanctions regime at the micro level lead to the long-standing uncertainty of the transaction. This paper suggests that Chinese enterprises engaging in international energy trade and investment should pay close attention to and carefully assess the differences and reconciliation in the operation of the sanctions regime and keep abreast of the changes in the U.S. and European sanctions lists so as to conduct necessary due diligence so as to effectively identify and control the risks of cross-border transactions .