Insight
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Insight
Prohibition of Participation in a Boycott in Foreign Trade Law - Obstacle for Fund Investments by German Investors?
In the context of fund subscriptions, investors are regularly required to submit to certain (foreign) sanctions regimes. This submission may be in conflict with so-called anti-boycott regulations. This results in an almost unresolvable situation for the fund investor: without submission to the sanctions regime, the fund would regularly not be subscribed to - with submission, there is a violation of foreign trade law that is penalized as an administrative offense. In addition to the scope of application of Section 7 AWV and Article 5 Blocking Regulation, the article presents a proposal by Philipp Ahlers and Maurice Ribak for resolving the tension in the context of fund subscriptions.
in: RdF Recht der Finanzinstrumente, 04/2022, 1November 14, 2022