Topic · Making-available prohibition
Making-available prohibition
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The making-available prohibition forbids directly or indirectly providing sanctioned people or organisations with funds or economic resources, for example by supplying goods, providing services or making payments. It applies to every company regardless of size and also covers affiliated companies (50 percent rule). Its legal bases include EU Regulations 269/2014 and 833/2014.
What does the making-available prohibition forbid?
Directly or indirectly providing listed people or organisations with funds or economic resources is prohibited. This includes supplies of goods, services and payments, as well as granting rights that can be exercised or used.
Who is affected?
The making-available prohibition applies to every company, regardless of size or sector, including purely domestic transactions. It covers customers, suppliers and their affiliated companies.
What are economic resources?
Economic resources are assets of every kind, tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services.
How do I comply with the making-available prohibition?
Screen business partners against the relevant sanctions lists before entering into a contract, delivering goods or making a payment, and document the check. Am I Compliant provides document upload, screening against 20 official lists from 18 jurisdictions, and an audit-proof PDF with a verification URL.
What are the penalties for a violation?
A breach of sanctions and the making-available prohibition is a criminal offence under Section 18(1) of the German Foreign Trade Act (AWG), punishable by three months to five years in prison, or six months to ten years in particularly serious cases (Section 18(6a) AWG). Companies may additionally face a corporate fine of up to €40 million (Section 19(7) AWG). Managing directors who breach their supervisory duties face personal fines of up to €1 million (Section 130(3) of the German Administrative Offences Act, OWiG).
Which related topics provide more detail?
Which primary sources apply?
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Am I Compliant is an information and data processing service and does not provide legal advice. Results are research findings; the legal assessment and decision rest with the user.
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Am I Compliant is an information and data processing service and does not provide legal advice. Results are research findings; the legal assessment and decision rest with the user.