Council Decision 2010/413/CFSPShow full title

CHAPTER 7 U.K. GENERAL AND FINAL PROVISIONS

Article 22 U.K.

[F1 No claims, including for compensation or for other claim of this kind, such as a claim of set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided on pursuant to UNSCRs 1737 (2006), 1747 (2007), 1803 (2008), 1929 (2010), 2231 (2015), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the Security Council or measures covered by the present Decision, shall be granted to the designated persons or entities listed in Annex I, II, III or IV, or any other person or entity in Iran, including the Government of Iran, or any person or entity claiming through or for the benefit of any such person or entity.]

Textual Amendments

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

Article 23 U.K.

[F1 1. The Council shall implement modifications to Annexes I and III on the basis of the determinations made by the Security Council.

2. The Council, acting by unanimity on a proposal from Member States or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the list in Annexes II and IV and adopt modifications to it.]

Textual Amendments

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

Article 24 U.K.

[F1 1. Where the Security Council lists a person or entity, the Council shall include such person or entity in Annex III.

2. Where the Council decides to subject a person or entity to the measures referred to in Articles 19(1)(b), (c) and (e) and 20(1)( b), (c) and (e), it shall amend Annexes II and IV accordingly.]

3. The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.

4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.

Textual Amendments

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

Article 25 U.K.

[F1 1. Annexes I, II, III and IV shall include the grounds for listing of listed persons and entities, as provided by the Security Council or by the Committee with regard to Annex I and by the Security Council with regard to Annex III.

2. Annexes I, II, III and IV shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Committee in respect of Annex I, or by the Security Council with regard to Annex III. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known and function or profession. With regard to entities such information may include names, place and date of registration, registration number and place of business. Annexes I, II, III and IV shall also include the date of designation.]

Textual Amendments

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

Article 26 U.K.

1. This Decision shall be reviewed, amended or repealed as appropriate, notably in the light of relevant decisions by the Security Council.

[F2 2. The measures concerning the prohibition on import, purchase or transport of Iranian crude oil and petroleum products in Article 3a shall be reviewed not later than 1 May 2012 , in particular taking due account of the availability and the financial conditions for the supply of crude oil and petroleum products produced in countries other than Iran, with a view to ensuring the continuity of energy supply of Member States.

3. The measures referred to in Articles 19(1)(b) and (c) and 20(1)(b) and (c) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 24, that the conditions for their application are no longer met.]

[F1 4. The measures referred to in Articles 19(1)(a), 20(1)(a), 20(2) and 20(12), in so far as they apply to the persons and entities listed in Annex V, shall be suspended.

5. The measures referred to in Articles 19(1)(b) and (c), 20(1)(b) and (c), 20(2) and 20(12), in so far as they apply to the persons and entities listed in Annex VI, shall be suspended.]

Textual Amendments

F1 Substituted 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 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

[F1 Article 26a U.K.

1. The measures set out in Article 1(1)(a), (b), (d) and (e), Articles 2, 3, 3a, 3b, 3c, 3d, 3e, 4, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, 5, 6, 6a, 7, 8, 8a, 9, 10, 11, 12, 13, 14, 16, 17, 18a, 18b, Articles 20(7), 20(11), 20(13), 20(14), Articles 21 and 26b shall be suspended.]

Textual Amendments

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

[F3 Article 26b U.K.

1. The measures imposed by this Decision shall not apply to the supply, sale, or transfer of items, materials, equipment, goods and technology, or the provision of any related technical assistance, training, financial assistance, investment, brokering or other services, by the participant States to the Joint Comprehensive Plan of Action (JCPOA) or UN Member States acting in coordination with them, that is directly related to:

(a) the 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.

2. Member States engaging in the activities referred to in paragraph 1 shall ensure that:

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

(b) they notify the Committee and, when constituted in accordance with the JCPOA, the Joint Commission, or the other Member States, as appropriate, 10 days in advance of such activities;

(c) the requirements, as appropriate, specified in subparagraph 22(c) of UNSCR 2231 (2015) have been met;

(d) they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any supplied item; and

(e) in case of supplied items, materials, equipment, goods and technology specified in subparagraph 22(e) of UNSCR 2231 (2015), they also notify the IAEA within 10 days of the supply, sale or transfers.

3. The measures imposed by this Decision shall not apply to the extent necessary to carry out transfers and activities, as approved on a case-by-case basis in advance by the Committee or the competent authority in the relevant Member State, as appropriate, that are:

(a) directly related to the implementation of the nuclear-related actions specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA;

(b) required for preparation for the implementation of the JCPOA; or

(c) determined by the Committee, as appropriate, to be consistent with the objectives of UNSCR 2231 (2015).

The relevant Member State shall inform the other Member States of any approval.]

Textual Amendments

F3 Inserted by Council Decision (CFSP) 2015/1336 of 31 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

[F4 Article 26c 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 the following items, materials, equipment, goods and technology, whether or not originating in their territories, shall be subject to approval on a case-by-case basis by the Security Council:

(a) all items, materials, equipment, goods and technology contained in the Nuclear Suppliers Group list;

(b) any further item if the Member State determines that it could contribute to reprocessing- or enrichment-related or heavy water-related activities inconsistent with the JCPOA.

2. The requirement set out in paragraph 1 of this Article shall not apply to the supply, sale or transfer to Iran of equipment referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.

3. Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that:

(a) the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;

(b) they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any supplied item;

(c) they notify, as appropriate, the Security Council within ten days of the supply, sale or transfer; and

(d) in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they also notify the IAEA within ten days of the supply, sale or transfer.

4. The requirement 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 Security Council and the Joint Commission ten days in advance of such activities;

(f) the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;

(g) they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any supplied item; and

(h) in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they also notify the IAEA within ten days of the supply, sale or transfer.

5. 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 approval on a case-by-case basis by the Security Council.

6. 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 uranium mining, or production or use of nuclear materials as listed in Part 1 of the Nuclear Suppliers Group list shall be subject to approval on a case-by-case basis by the Security Council.

[F5 7. 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 notification to the Joint Commission, whether or not originating in the territory of Iran.]

8. The relevant Member State shall inform the other Member States of any approval granted in accordance with, or of activities undertaken pursuant to this Article.

Textual Amendments

F4 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

F5 Substituted by Council Decision (CFSP) 2017/974 of 8 June 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

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.

[F5 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

[F5 (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

F4 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

F5 Substituted by Council Decision (CFSP) 2017/974 of 8 June 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

Article 26e 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 contained in the Missile Technology Control Regime list or any additional item that could contribute to the development of nuclear weapon delivery systems shall be prohibited, 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. It shall also be prohibited to:

(a) provide technical assistance or training, investment or brokering services related to items, materials, equipment, goods and technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these items, materials, equipment, goods and technology, directly or indirectly, to any person, entity or body in, or for use in, Iran;

(b) provide financing or financial assistance related to items and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any supply, sale, transfer or export of these items and technologies, or for the provision of related technical assistance, training, services or assistance, directly or indirectly, to any person, entity or body in, or for use in, Iran;

(c) participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in points (a) and (b);

(d) make an 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.

3. 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 prohibited, whether or not originating in the territory of Iran.

Textual Amendments

F4 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

Article 26f U.K.

1. The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under their jurisdiction, of graphite, and raw or semi-finished metals, such as aluminium and steel, shall be subject to an authorisation by the competent authority 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 provision of:

(a) technical assistance or training and other services related to items referred to in paragraph 1;

(b) financing or financial assistance for any supply, sale, or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training,

shall also be subject to an authorisation of the competent authority of the relevant Member State.

3. The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items, materials, equipment, goods and technology referred to in paragraph 1 if:

(a) they determine that the supply, sale or transfer concerned or the provision of the service concerned would:

(i)

contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent with the JCPOA;

(ii)

contribute to Iran's military or ballistic missile programme; or

(iii)

benefit directly or indirectly the Iranian Revolutionary Guard Corps;

(b) contracts for delivery of such items or assistance do not include appropriate end-user guarantees.

4. 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

F4 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

Article 26g U.K.

1. The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under their jurisdiction, of software for integrating industrial processes shall be subject to an authorisation by the competent authority 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 provision of:

(a) technical assistance or training and other services related to items referred to in paragraph 1;

(b) financing or financial assistance for any supply, sale or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training,

shall also be subject to an authorisation of the competent authority of the relevant Member State.

3. The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items, materials, equipment, goods and technology referred to in paragraph 1 if:

(a) they determine that the supply, sale, transfer or export concerned or the provision of the service concerned would:

(i)

contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent with the JCPOA;

(ii)

contribute to Iran's military or ballistic missile programme; or

(iii)

benefit directly or indirectly the Iranian Revolutionary Guard Corps.

(b) contracts for delivery of such items or assistance do not include appropriate end-user guarantees.

4. 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

F4 Inserted by Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran.

Article 27 U.K.

Common Position 2007/140/CFSP is hereby repealed.

Article 28 U.K.

This Decision shall enter into force on the date of its adoption.