Council Decision
2010/413/CFSP
of
26 July 2010
concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 27 February 2007, the Council of the European Union adopted Common Position 2007/140/CFSP concerning restrictive measures against Iran which implemented United Nations Security Council Resolution (UNSCR) 1737 (2006).
(2)
On 23 April 2007, the Council adopted Common Position 2007/246/CFSP which implemented UNSCR 1747 (2007).
(3)
On 7 August 2008, the Council adopted Common Position 2008/652/CFSP which implemented UNSCR 1803 (2008).
(4)
On 9 June 2010, the United Nations Security Council (‘the Security Council’) adopted UNSCR 1929 (2010) which widened the scope of the restrictive measures imposed by UNSCR 1737 (2006), UNSCR 1747 (2007), and UNSCR 1803 (2008) and introduced additional restrictive measures against Iran.
(5)
On 17 June 2010, the European Council underlined its deepening concern about Iran's nuclear programme and welcomed the adoption of UNSCR 1929 (2010). Recalling its Declaration of 11 December 2009, the European Council invited the Council to adopt measures implementing those contained in UNSCR 1929 (2010) as well as accompanying measures, with a view to supporting the resolution of all outstanding concerns regarding Iran's development of sensitive technologies in support of its nuclear and missile programmes, through negotiation. These should focus on the areas of trade, the financial sector, the Iranian transport sector, key sectors in the oil and gas industry and additional designations in particular for the Islamic Revolutionary Guards Corps (IRGC).
(6)
UNSCR 1929 (2010) prohibits investment by Iran, its nationals and 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, production or use of nuclear materials and technology.
(7)
UNSCR 1929 (2010) extends the financial and travel restrictions imposed by UNSCR 1737 (2006) to additional persons and entities, including IRGC individuals and entities as well as entities of the Islamic Republic of Iran Shipping Lines (IRISL).
(8)
In accordance with the European Council Declaration, the restrictions on admission and the freezing of funds and economic resources should be applied to further persons and entities, in addition to those designated by the Security Council or the Committee established pursuant to paragraph 18 of UNSCR 1737 (2006) (‘the Committee’), using the same criteria as those applied by the Security Council or the Committee.
(9)
In accordance with the European Council Declaration, it is appropriate to prohibit the supply, sale or transfer to Iran of further items, materials, equipment, goods and technology, in addition to those determined by the Security Council or the Committee, that could contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to other topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding, or to other weapons of mass destruction programmes. This prohibition should include dual-use goods and technology.
(10)
In accordance with the European Council Declaration, Member States should exercise restraint in entering into new short term commitments for public and private provided financial support for trade with Iran with a view to reducing outstanding amounts, in particular to avoid any financial support contributing to proliferation-sensitive nuclear activities, or to the development of nuclear weapon delivery systems, and should prohibit any medium and long-term commitment for public and private provided financial support for trade with Iran.
(11)
UNSCR 1929 (2010) calls upon all States to inspect, in accordance with their national authorities and legislation, and consistent with international law, all cargoes to and from Iran, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).
(12)
UNSCR 1929 (2010) also notes that Member States, consistent with international law, in particular the law of the sea, may request inspections of vessels on the high seas with the consent of the flag State, if they have information that provides reasonable grounds to believe that the vessels carry items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).
(13)
UNSCR 1929 (2010) also provides that UN Member States are to seize and dispose of items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010) in a manner that is not inconsistent with their obligations under the applicable Security Council Resolutions and international conventions.
(14)
UNSCR 1929 (2010) further provides that UN Member States are to prohibit the provision by their nationals or from their territory of bunkering services, or other servicing of vessels, to Iran vessels if they have information that provides reasonable grounds to believe they are carrying items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).
(15)
In accordance with the European Council Declaration, Member States, in accordance with their national legal authorities and legislation and consistent with international law, in particular relevant international civil aviation agreements, should take the necessary measures to prevent the access to the airports under their jurisdiction of all cargo flights from Iran with the exception of mixed passengers and cargo flights.
(16)
Moreover, the provision by nationals of Member States or from the territory of Member States of engineering and maintenance services to Iranian cargo aircrafts should be prohibited if the State concerned has information that provides reasonable grounds to believe that they are carrying items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).
(17)
UNSCR 1929 (2010) also calls upon all UN Member States to prevent the provision of financial services, including insurance and re-insurance, or the transfer to, through, or from their territory, or to or by their nationals or entities organised under their laws, or persons of financial institutions in their territory, of any financial or other assets or resources that could contribute to Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems.
(18)
In accordance with the European Council Declaration, Member States should prohibit the provision of insurance and re-insurance to the Government of Iran, to entities incorporated in Iran or subject to Iran's jurisdiction or to individuals and entities acting on their behalf or at their direction, or to entities owned and controlled by them, including through illicit means.
(19)
Moreover, the sale or purchase of, or brokering or assistance in the issuance of public or public-guaranteed bonds to and from the Government of Iran, the Central Bank of Iran or Iranian banks, including branches and subsidiaries, and financial entities controlled by persons and entities domiciled in Iran should be prohibited.
(20)
In accordance with the European Council Declaration and in order to fulfil the objectives of UNSCR 1929 (2010), the opening of new branches, subsidiaries, or representative offices of Iranian banks in the territory of Member States, and the establishment of new joint ventures, or the taking of an ownership interest by Iranian banks in banks within the jurisdiction of Member States, should be prohibited. Furthermore, Member States should take the appropriate measures to prohibit financial institutions within their territories or under their jurisdiction from opening representatives offices or subsidiaries or banking accounts in Iran.
(21)
UNSCR 1929 (2010) also provides for States to require their nationals, persons subject to their jurisdiction or 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, if they have reasonable grounds to believe that such business could contribute to Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery system or to violations of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010).
(22)
UNSCR 1929 (2010) notes the potential connection between Iran's revenues derived from its energy sector and the funding of Iran's proliferation-sensitive nuclear activities and further notes that chemical process equipment and materials required for the petrochemical industry have much in common with those required for certain sensitive nuclear fuel cycle activities.
(23)
In accordance with the European Council Declaration, Member States should prohibit the sale, supply or transfer to Iran of key equipment and technology as well as related technical and financial assistance, which could be used in key sectors in the oil and natural gas industries. Moreover, Member States should prohibit any new investment in these sectors in Iran.
(24)
The procedure for amending Annexes I and II to this Decision should include providing to designated persons and entities the grounds for listing so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly.
(25)
This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.
(26)
This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions.
(27)
Further action by the Union is needed in order to implement certain measures,
HAS ADOPTED THIS DECISION:
OJ L 61, 28.2.2007, p. 49.
OJ L 106, 24.4.2007, p. 67.
OJ L 213, 8.8.2008, p. 58.
Substituted by Corrigendum to Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (Official Journal of the European Union L 195 of 27 July 2010).