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August 2014

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Re: [members-discuss] [address-policy-wg] [ncc-services-wg] Crimea papers
by Sander Steffann 02 Aug '14

02 Aug '14

Hi, First, move this discussion to NCC Services and Members-discuss... > lets see this article > > http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.226.0… I think these are the most relevant parts. First the definitions: > “brokering services” means: > (i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or > (ii) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country. > “technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance.’. Then under article 2c: > 2. Annex III shall include key equipment and technology related to the creation, acquisition or development of infrastructure in the following sectors: > [...] > (b) telecommunications; > [...] and > 3. It shall be prohibited to: > (a) provide, directly or indirectly, technical assistance or brokering services related to the key equipment and technology listed in Annex III, or related to the provision, manufacture, maintenance and use of items listed in Annex III to any natural or legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol; and > (b) provide, directly or indirectly, financing or financial asssistance related to the key equipment and technology listed in Annex III to any natural or legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol. As a networking person 'related to the provision [...] and use of items listed' does seem to include allocating number resources. I think we need some legal advice on this issue again... Cheers, Sander

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