Council Decision 2010/413/CFSPDangos y teitl llawn

CHAPTER 2 U.K. FINANCIAL SECTOR

Article 9 U.K.

Member States shall not enter into new commitments for grants, financial assistance and concessional loans to the Government of Iran, including through their participation in international financial institutions, except for humanitarian and developmental purposes.

[F1 Article 10 U.K.

1. In order to prevent the transfer to, through, or from, the territories of Member States, or the transfer to or by nationals of Member States, entities organised under their laws (including branches abroad), or persons or financial institutions in the territories of Member States, of any financial or other assets or resources that could contribute to Iran's proliferation-sensitive nuclear activities, or the development of Iran's nuclear weapon delivery systems, financial institutions under the jurisdiction of Member States shall not enter into, or continue to participate in, any transactions with:

(a) banks domiciled in Iran, including the Central Bank of Iran;

(b) branches and subsidiaries, within the jurisdiction of the Member States, of banks domiciled in Iran;

(c) branches and subsidiaries, outside the jurisdiction of the Member States, of banks domiciled in Iran;

(d) financial entities that are not domiciled in Iran, but that are controlled by persons and entities domiciled in Iran,

unless such transactions are authorised in advance by the relevant Member State in accordance with paragraphs 2 and 3.

2. For the purpose of paragraph 1, the following transactions may be authorised by the relevant Member State:

(a) transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes;

(b) transactions regarding personal remittances;

(c) transactions regarding the execution of the exemptions provided for in this Decision;

(d) transactions in connection with a specific trade contract not prohibited under this Decision;

(e) transactions regarding a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such transactions are intended to be used for official purposes of the diplomatic or consular mission or international organisation;

(f) transactions regarding payment to satisfy claims against Iran, Iranian persons or entities, on a case-by-case basis and subject to notification ten days prior to authorisation, and transactions of a similar nature that do not contribute to activities prohibited under this Decision.

No authorisation or notification is required for transactions falling under points (a) to (e) which are below EUR 10 000 .

3. Transfers of funds to and from Iran using Iranian banks and financial institutions for the transactions referred to in paragraph 2 shall be processed as follows:

(a) transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes below EUR 100 000 , as well as transfers regarding personal remittances, below EUR 40 000 , shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000 ;

(b) transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes above EUR 100 000 , as well as transfers regarding personal remittances, above EUR 40 000 , shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted;

(c) any other transfer above EUR 10 000 shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted.

[F2 3a. Financial institutions shall be required, in their activities with banks and financial institutions as set out in paragraph 1, to:

(a) exercise continuous vigilance over account activity including through their programmes on customer due diligence and under their obligations relating to money-laundering and financing of terrorism;

(b) require that all information fields of payment instructions which relate to the originator and beneficiary of the transaction in question be completed and, if that information is not supplied, refuse the transaction;

(c) maintain all records of transactions for a period of five years and make them available to national authorities on request;

(d) if they suspect, or have reasonable grounds to suspect, that funds are related to proliferation financing, promptly report their suspicions to the FIU or another competent authority designated by the Member State concerned. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to properly undertake this function, including the analysis of suspicious transaction reports.]

4. Transfers of funds to and from Iran which do not fall within the scope of paragraph 3 shall be processed as follows:

(a) transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000 ;

(b) any other transfer below EUR 40 000 shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000 ;

(c) any other transfer above EUR 40 000 shall require the prior authorisation from the competent authority of the Member State concerned. The authorisation shall be deemed granted within four weeks unless the competent authority of the Member State concerned has objected within this time-limit. The relevant Member State shall inform the other Member States of any authorisation rejected.

5. Branches and subsidiaries of banks domiciled in Iran within the jurisdiction of the Member States shall also be required to notify the competent authority of the Member State where they are established, of all transfers of funds carried out or received by them, within five working days of carrying out or receiving the respective transfer of funds.

Subject to information-sharing arrangements, notified competent authorities shall without delay transmit this information on notifications, as appropriate, to the competent authorities of other Member States, where the counterparts to such transactions are established.]

Textual Amendments

F1 Substituted by Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

F2 Inserted by Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

Article 11 U.K.

1. The opening of new branches, subsidiaries, or representative offices of Iranian banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest, or the establishment of new correspondent banking relationships by Iranian banks, including the Central Bank of Iran, its branches and subsidiaries and other financial entities referred to in Article 10(1), with banks in the jurisdiction of Member States, shall be prohibited.

2. Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries or banking accounts in Iran.

Article 12 U.K.

1. The provision of insurance and re-insurance to the Government of Iran, or to entities incorporated in Iran or subject to Iran's jurisdiction, or to any individuals or entities acting on their behalf or at their direction, or to entities owned or controlled by them, including through illicit means, shall be prohibited.

2. Paragraph 1 shall not apply to the provision of health and travel insurances to individuals.

3. It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in paragraph 1.

Article 13 U.K.

The direct or indirect sale or purchase of, or brokering or assistance in the issuance of public or public-guaranteed bonds issued after the entry into force of this Decision to and from the Government of Iran, the Central Bank of Iran, or banks domiciled in Iran, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in Iran, or financial entities that are neither domiciled in Iran nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in Iran as well as any individuals and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

Article 14 U.K.

Member States shall require their nationals, persons subject to their jurisdiction and firms incorporated in their territories or subject to their jurisdiction to exercise vigilance when doing business with entities incorporated in Iran or subject to Iran's jurisdiction, including those of the IRGC and IRISL and any individuals and entities acting on their behalf or at their direction, and entities owned or controlled by them including through illicit means in order to ensure such business does not contribute to Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems or to violations of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).