70It is apparent from the grounds communicated to the applicant before the bringing of this action, by the letter of 28 October 2010, that the contested measures were based on ‘the reasons presented in Decision … 2010/413’, namely the following reasons: ‘[The applicant] is closely linked to the interests of the “Daftar” (Leader’s office: administration of around 500 officers). It thus contributes to the financing of the regime’s special interests’. At the hearing, the Council stated that it had thus intended to base the contested measures on a dual reason, first that the applicant was effectively controlled by the Iranian regime and, second, that it could be inferred, with near certainty, from such control that the applicant financed nuclear proliferation. It follows that the Council’s intention was to base the contested measures, first, on the applicant’s participation in, direct association with, or support for nuclear proliferation and, second, on control of the applicant by a person or entity engaged in, being directly associated with, or supporting those same activities, which is identified in the grounds communicated to the applicant as the Leader’s office. That dual reason was well understood by the applicant, which denies, first, being under the control of persons, entities or organisations which participated in, were directly associated with, or supported nuclear proliferation, such as the Iranian authorities, and, second, having participated in, been directly associated with or supported nuclear proliferation.
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