Council Decision 2010/413/CFSPShow full title

[F1 Article 26d U.K.

1. The direct or indirect supply, sale or transfer to, or for use in, or the benefit of, Iran, by nationals of Member States or through the territories of Member States, or using vessels or aircraft under their jurisdiction, of items, materials, equipment, goods and technology not covered by Article 26c or Article 26e that could contribute to reprocessing- or enrichment-related, heavy water-related or other activities inconsistent with the JCPOA shall be subject to an authorisation on a case-by-case basis by the competent authorities of the exporting Member State, whether or not originating in their territories.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.

2. The requirement in paragraph 1 shall not apply to the supply, sale or transfer to Iran of equipment referred to in that paragraph for light water reactors.

[F2 3. Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that they have obtained information on the end-use and end-use location of any supplied item.]

4. Member States engaging in the activities referred to in paragraph 2 shall ensure that they notify the other Member States within ten days of such activities.

5. The requirement set out in paragraph 1 shall not apply to the supply, sale or transfer of items, materials, equipment, goods and technology, and the provision of any related technical assistance, training, financial assistance, investment, brokering or other services, that is directly related to:

(a) the necessary modification of two cascades at the Fordow facility for stable isotope production;

(b) the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium; or

(c) the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design of such reactor,

provided that Member States ensure that:

(d) all such activities are undertaken strictly in accordance with the JCPOA;

(e) they notify the other Member States ten days in advance of such activities; and

[F2 (f) they have obtained information on the end-use and end-use location of any supplied item.]

6. The provision of technical assistance or training, financing or financial assistance, investment, brokering or other services related to the supply, sale, transfer, manufacture or use of the items, materials, equipment, goods and technology referred to in paragraph 1, to any person, entity or body in, or for use in, Iran shall be subject to an authorisation on a case-by-case basis by the competent authorities of the relevant Member State.

7. Investment in the territories under the jurisdiction of Member States by Iran, its nationals, or entities incorporated in Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them in any commercial activity involving technologies referred to paragraph 1 shall be subject to an authorisation on a case-by-case basis by the competent authorities of the relevant Member State.

8. The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment, goods and technology referred to in paragraph 1 from Iran shall be subject to approval, on a case-by-case basis, by the competent authorities of the relevant Member State, whether or not originating in the territory of Iran.

9. The competent authorities of the Member States shall not grant any authorisation for any supply, sale, transfer or procurement of the items, materials, equipment, goods and technology referred to in paragraph 1 if they determine that the supply, sale, transfer or procurement concerned or the provision of the service concerned would contribute to activities inconsistent with the JCPOA.

10. The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article at least ten days in advance.]

Textual Amendments

F1 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

F2 Substituted by Council Decision (CFSP) 2017/974 of 8 June 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.