Court of Justice 16 November 2011, C-72/11 (Criminal proceedings against Mohsen Afrasiabi and Others.)

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Advocate General Bot opines that Article 7(3) of Regulation (EC) No 423/2007 prohibits the indirect supply of a sintering furnace to a listed entity through a third-party intermediary, regardless of whether the technology is immediately operational. He argues that the prohibition on 'knowingly and intentionally' circumventing restrictive measures under Article 7(4) encompasses both deliberate intent and acts of carelessness or negligence where the offender had reasonable cause to suspect an infringement. The opinion emphasizes a broad, purposive interpretation of 'economic resources' to include any tangible or intangible assets capable of supporting nuclear proliferation activities.AI