Decision 2010/413 - Iran

Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP

Chapter 1 - Export and import restrictions

Article 1

1.   The direct or indirect supply, sale or transfer of the following items, materials, equipment, goods and technology, including software, to, or for the use in, or benefit of, Iran, by nationals of Member States, or through the territories of Member States, or using their flag vessels or aircraft, shall be prohibited whether or not originating in their territories:

(a) items, materials, equipment, goods and technology contained in the Nuclear Suppliers Group and Missile Technology Control Regime lists;

(b) any additional items, materials, equipment, goods and technology, determined by the Security Council or the Committee, which could contribute to enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems;

(c) arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for such arms and related materiel. This prohibition shall not apply to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in Iran;

(d) certain other items, materials, equipment, goods and technology that could contribute to 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 IAEA has expressed concerns or identified as outstanding. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision;

(e) other dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( ¹ ) and not covered by point (a) except for certain items in category 5 - Part 1 and category 5 - Part 2 in Annex I to that Regulation.

2.   The prohibition in paragraph 1 shall not apply to the direct or indirect transfer to, or for use in, or the benefit of Iran, through the territories of Member States of items referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.

3.   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 technologies referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these items and technologies, or for the provision of related technical 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).

4.   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.

Article 2

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, including software, not covered by Article 1, that could contribute to 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 IAEA has expressed concerns or identified as outstanding, shall be subject to authorisation on a case-by-case basis by the competent authorities of the exporting Member State. 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, 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, directly or indirectly, to any person, entity or body in, or for use in, Iran;

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

shall also be subject to an authorisation of the competent authority of the exporting 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 they determine that the sale, supply, transfer or export concerned or the provision of the service concerned would contribute to the activities referred to in paragraph 1.

Article 3

1.   The measures imposed by Article 1(1)(a), (b) and (c) and (3) shall not apply, as appropriate, where the Committee determines in advance and on a case-by-case basis that such supply, sale, transfer or provision of such items or assistance would clearly not contribute to the development of Iran's technologies in support of its proliferation-sensitive nuclear activities and of development of nuclear weapon delivery systems, including where such items or assistance are for food, agricultural, medical or other humanitarian purposes, provided that:

(a) contracts for delivery of such items or assistance include appropriate end-user guarantees; and

(b) Iran has committed not to use such items in proliferation-sensitive nuclear activities or for development of nuclear weapon delivery systems.

2.   The measures imposed by Article 1(1)(e) and (3) shall not apply where the competent authority in the relevant Member State determines in advance and on a case-by-case basis that such supply, sale, transfer or provision of such items or assistance would clearly not contribute to the development of Iran's technologies in support of its proliferation-sensitive nuclear activities and of development of nuclear weapon delivery systems, including where such items or assistance are for medical or other humanitarian purposes, provided that:

(a) contracts for delivery of such items or assistance include appropriate end-user guarantees; and

(b) Iran has committed not to use such items in proliferation-sensitive nuclear activities or for development of nuclear weapon delivery systems.

The relevant Member State shall inform the other Member States of any exemption rejected.

Article 3a

1.   The import, purchase or transport of Iranian crude oil and petroleum products shall be prohibited.

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

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the import, purchase, or transport of Iranian crude oil and petroleum products.

Article 3b

1.   The import, purchase or transport of Iranian petrochemical products shall be prohibited.

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

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import, purchase, or transport of Iranian petrochemical products

Article 3c

1.   The prohibitions set out in Article 3a shall be without prejudice to the execution, until 1 July 2012, of contracts concluded before 23 January 2012 or ancillary contracts necessary for the execution of such contracts, to be concluded and executed not later than 1 July 2012.

2.   The prohibitions set out in Article 3a shall be without prejudice to the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of Iranian crude oil and petroleum products or the proceeds derived from their supply are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.

Article 3d

1.   The prohibitions set out in Article 3b shall be without prejudice to the execution, until 1 May 2012, of contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such contracts, to be concluded and executed not later than 1 May 2012.

2.   The prohibitions set out in Article 3b shall be without prejudice to the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of petrochemical products or the proceeds derived from the supply of these products are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.

Article 3e

1.   The import, purchase or transport of Iranian natural gas shall be prohibited.

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

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance - including financial derivatives, as well as insurance and reinsurance and brokering services relating to insurance and reinsurance - related to the import, purchase or transport of Iranian natural gas.

3.   The prohibition in paragraph 1 shall be without prejudice to the execution of contracts for the delivery of natural gas of a State other than Iran to an EU Member State.

Article 4

1.   The sale, supply or transfer of key equipment and technology for the following key sectors of the oil and natural gas industry in Iran, or to Iranian or Iranian-owned enterprises engaged in those sectors outside Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories:

(a) refining;

(b) liquefied natural gas;

(c) exploration;

(d) production.

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

2.   It shall be prohibited to provide the following to enterprises in Iran that are engaged in the key sectors of the Iranian oil and gas industry referred to in paragraph 1 or to Iranian, or Iranian-owned enterprises engaged in those sectors outside Iran:

(a) technical assistance or training and other services related to key equipment and technology as determined according to paragraph 1;

(b) financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as determined according to paragraph 1 or for the provision of related technical assistance or training.

3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.

Article 4a

1.   The sale, supply or transfer of key equipment and technology for the petrochemical industry in Iran, or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States 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 be prohibited to provide the following to enterprises in Iran that are engaged in the Iranian petrochemical industry or to Iranian, or Iranian-owned enterprises engaged in that industry outside Iran:

(a) technical assistance or training and other services related to key equipment and technology as determined according to paragraph 1;

(b) financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as determined according to paragraph 1 or for the provision of related technical assistance or training.

3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.

Article 4b

1.   The prohibition set out in Article 4(1) shall be without prejudice to the execution, until 15 April 2013, of any obligation relating to the delivery of goods provided for in contracts concluded before 26 July 2010 or 16 October 2012.

2.   The prohibitions set out in Article 4 shall be without prejudice to the execution, until 15 April 2013, of any obligation arising from contracts concluded before 26 July 2010 or 16 October 2012 and relating to investments made in Iran before those dates by enterprises established in Member States.

3.   The prohibition in Article 4a(1) shall be without prejudice to the execution, until 15 April 2013, of an obligation relating to the delivery of goods provided for in contracts concluded before 23 January 2012 or 16 October 2012.

4.   The prohibitions in Article 4a shall be without prejudice to the execution, until 15 April 2013, of an obligation arising from contracts concluded before 23 January 2012 or 16 October 2012 and relating to investments made in Iran before those dates by enterprises established in Member States.

5.   Paragraphs 1 and 2 are without prejudice to the execution of obligations referred to in Article 3c(2) provided that those obligations arise from service contracts or ancillary contracts necessary for their execution and provided that the execution of those obligations has been authorised in advance by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation.

6.   Paragraphs 3 and 4 are without prejudice to the execution of obligations referred to in Article 3d(2) provided that those obligations arise from service contracts or ancillary contracts necessary for their execution and provided that the execution of those obligations has been authorised in advance by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation.

Article 4c

The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds, to, from or for the Government of Iran, its public bodies, corporations and agencies, the Central Bank of Iran, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them shall be prohibited.

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

Article 4d

The delivery of newly printed or minted or unissued Iranian denominated banknotes and coinage to or for the benefit of the Central Bank of Iran shall be prohibited.

Article 4e

1.   The sale, supply or transfer to Iran of graphite, and raw or semi-finished metals, such as aluminium and steel, which are relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which are relevant to Iran's nuclear, military and ballistic missile programme, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, 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 Iran with technical assistance or training and other services related to items referred to in paragraph 1;

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

3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2.

Article 4f

The prohibitions set out in Article 4e shall be without prejudice to the execution, until 15 April 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.

Article 4g

1.   The sale, supply or transfer of key naval equipment and technology for ship-building, maintenance or refit, to Iran or to Iranian or Iranian-owned enterprises engaged in this sector, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, 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.   The prohibition in paragraph 1 shall be without prejudice to the supply of key naval equipment and technology to a non-Iranian-owned or controlled vessel that has been forced into an Iranian port or Iranian territorial waters under force majeure .

3.   It shall also be prohibited to:

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

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

4.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 3.

Article 4h

The prohibitions in Article 4g shall be without prejudice to the execution, until 15 February 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.

Article 4i

1.   The sale, supply or transfer to Iran of software for integrating industrial processes, which is relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which is relevant to Iran's nuclear, military and ballistic missile programme, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, 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 Iran with technical assistance or training and other services related to items referred to in paragraph 1;

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

3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2.

Article 4j

The prohibitions in Article 4i shall be without prejudice to the execution, until 15 January 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.

Restrictions on financing of certain enterprises

Article 5

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, production or use of nuclear materials and technology, in particular uranium enrichment and reprocessing activities, all heavy-water related activities or technologies related to ballistic missiles capable of delivering nuclear weapons, shall be prohibited. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 6

The following shall be prohibited:

(a) the granting of any financial loan or credit to enterprises in Iran that are engaged in the sectors of the Iranian oil and gas industry referred to in Article 4(1) or to Iranian or Iranian-owned enterprises engaged in those sectors outside Iran;

(b) the acquisition or extension of a participation in enterprises in Iran that are engaged in the sectors of the Iranian oil and gas industry referred to in Article 4(1), or to Iranian or Iranian-owned enterprises engaged in those sectors outside Iran, including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature;

(c) the creation of any joint venture with enterprises in Iran that are engaged in the industries in the oil and gas sectors referred to in Article 4(1) and with any subsidiary or affiliate under their control.

Article 6a

The following shall be prohibited:

(a) the granting of any financial loan or credit to enterprises in Iran that are engaged in the Iranian petrochemical industry or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran;

(b) the acquisition or extension of a participation in enterprises in Iran that are engaged in the Iranian petrochemical industry, or to Iranian or Iranian-owned enterprises engaged in that industry outside Iran, including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature;

(c) the creation of any joint venture with enterprises in Iran that are engaged in the Iranian petrochemical industry and with any subsidiary or affiliate under their control.

Article 7

1.   The prohibitions in Article 6(a) and (b) respectively:

(i) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 26 July 2010;

(ii) shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 26 July 2010.

2.   The prohibitions in Article 6a(a) and (b) respectively:

(i) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 January 2012;

(ii) shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 January 2012.

Restrictions on financial support for trade

Article 8

1.   Member States shall not enter into any new short-, medium- or long-term commitments to provide financial support for trade with Iran, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, nor shall Member States guarantee or reinsure such commitments.

2.   Paragraph 1 shall not affect commitments established prior to the entry into force of this Decision.

3.   Paragraph 1 shall not concern trade for food, agricultural, medical or other humanitarian purposes.

Construction of oil tankers

Article 8a

1.   Without prejudice to Article 4g, the construction or the participation in the construction of new oil tankers for Iran or for Iranian persons and entities shall be prohibited.

2.   It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new oil tankers for Iran or for Iranian persons and entities.

Chapter 2 - Financial sector

Article 9

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.

Article 10

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.

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.

Article 11

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

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

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

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).

Chapter 3 - Transport sector

Article 15

1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Iran in their territories, including seaports and airports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is being undertaken contrary to this Decision.

2.   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 being undertaken contrary to this Decision.

3.   Member States shall cooperate, in accordance with their national legislation, with inspections undertaken pursuant to paragraph 2.

4.   Aircrafts and vessels transporting cargo to and from Iran shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.

5.   In cases where an inspection referred to in paragraph 1 or 2 is undertaken, Member States shall seize and dispose of (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is being undertaken contrary to this Decision. Such seizure and disposal will be carried out at the expense of the importer or, if it is not possible to recover these expenses from the importer, they may, in accordance with national legislation, be recovered from any other person or entity responsible for the attempted illicit supply, sale, transfer or export.

6.   The provision by nationals of Member States or from the territories under the jurisdiction of Member States of bunkering or ship supply services, or other servicing of vessels, to Iranian-owned or Iranian-contracted vessels, including chartered vessels, shall be prohibited if they have information that provides reasonable grounds to believe that the vessels carry items the supply, sale, transfer or export of which is being undertaken contrary to this Decision unless the provision of such services is necessary for humanitarian purposes or until the cargo has been inspected, and seized and disposed of if necessary, in accordance with paragraphs 1, 2 and 5.

Article 16

Member States shall communicate to the Committee any information available on transfers or activity by Iran's Air's cargo division or vessels owned or operated by the IRISL to other companies, that may have been undertaken in order to evade the sanctions of, or in violation of the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010), including the renaming or re-registering of aircraft, vessels or ships.

Article 17

Member States, in accordance with their national legal authorities and legislation and consistent with international law, in particular relevant international civil aviation agreements, shall take the necessary measures to prevent access to the airports under their jurisdiction of all cargo flights operated by Iranian carriers or originating from Iran with the exception of mixed passenger and cargo flights.

Article 18

The provision by nationals of Member States, or from the territories of Member States, of engineering and maintenance services to Iranian cargo aircraft shall be prohibited if they have information that provides reasonable grounds to believe that the cargo aircraft carry items the supply, sale, transfer or export of which is being undertaken contrary to this Decision unless the provision of such services is necessary for humanitarian and safety purposes or until the cargo has been inspected, and seized and disposed of if necessary, in accordance with Article 15 (1) and (5).

Article 18a

The provision by nationals of Member States or from the territory under the jurisdiction of the Member States, of flagging and classification services, including registration and identification numbers of any kind, to Iranian oil tankers and cargo vessels shall be prohibited as of 15 January 2013.

Article 18b

1.   It shall be prohibited to supply vessels designed for the transport or storage of oil and petrochemical products to Iranian persons, entities or bodies.

2.   It shall be prohibited to supply vessels designed for the transport or storage of oil and petrochemical products to any person, entity or body for the transport or storage of Iranian oil and petrochemical products.

3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2.

Chapter 4 - Restrictions on admission

Article 19

1.   Member States shall take the necessary measures to prevent the entry into, or transit through their territories of:

(a) persons listed in the Annex to UNSCR 1737 (2006), and additional persons designated by the Security Council or by the Committee in accordance with paragraph 10 of UNSCR 1737 (2006) as well as IRGC individuals designated by the Security Council or by the Committee, as listed in Annex I;

(b) other persons not covered by Annex I that are engaged in, directly associated with, or providing support for Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons acting on their behalf or at their direction, or persons that have evaded or violated, or assisted designated persons or entities in evading or violating, the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or of this Decision, as well as other members of the IRGC and persons acting on behalf of IRGC or IRISL, and persons providing insurance or other essential services to IRGC and IRISL, or to entities owned or controlled by them or acting on their behalf, as listed in Annex II;

(c) other persons not covered by Annex I that provide support to the Government of Iran, and persons associated with them, as listed in Annex II;

(d) other persons designated by the Security Council as having engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the Joint Comprehensive Plan of Action (JCPOA) or the development of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items, goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015); having assisted designated persons or entities in evading or acting inconsistently with the JCPOA or UNSCR 2231 (2015); having acted on behalf or at the direction of designated persons or entities, as listed in Annex III;

(e) other persons not covered by Annex III that have engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items, goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015) or in this Decision; having assisted designated persons or entities in evading or acting inconsistently with the JCPOA, UNSCR 2231 (2015) or this Decision; having acted on behalf or at the direction of designated persons or entities, as listed in Annex IV.

2.   The prohibition in paragraph 1 of this Article shall not apply to the transit through the territories of Member States for the purposes of activities directly related to the items specified in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.

3.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

4.   Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:

(i) as a host country of an international intergovernmental organisation;

(ii) as a host country to an international conference convened by, or under the auspices of, the United Nations;

(iii) under a multilateral agreement conferring privileges and immunities;

(iv) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

5.   Paragraph 4 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

6.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 4 or 5.

7.   Member States may grant exemptions from the measures imposed in paragraph 1 where they determine that travel is justified on the grounds of:

(i) urgent humanitarian need, including religious obligations;

(ii) furthering the objectives of UNSCR 2231 (2015), including where Article XV of the IAEA Statute is engaged;

(iii) attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Iran.

8.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council thereof in writing. The exemption shall be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9.   In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, II, III or IV, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

10.   A Member State wishing to grant the exemptions referred to in paragraph 7(i) and (ii) shall submit the proposed authorisations to the Security Council for approval.

Chapter 5 - Freezing of funds and economic resources

Article 20

1.   All funds and economic resources which belong to, are owned, held or controlled, directly or indirectly by the following, shall be frozen:

(a) persons and entities designated in the Annex to UNSCR 1737 (2006), additional persons and entities designated by the Security Council or by the Committee in accordance with paragraph 12 of UNSCR 1737 (2006) and paragraph 7 of UNSCR 1803 (2008) as well as IRGC individuals and entities and IRISL entities designated by the Security Council or by the Committee, as listed in Annex I;

(b) persons and entities not covered by Annex I that are engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, or persons and entities that have evaded or violated, or assisted designated persons or entities in evading or violating, the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or of this Decision, as well as other members and entities of IRGC and IRISL and entities owned or controlled by them or persons and entities acting on their behalf or persons and entities providing insurance or other essential services to IRGC and IRISL, or to entities owned or controlled by them or acting on their behalf, as listed in Annex II;

(c) other persons and entities not covered by Annex I that provide support to the Government of Iran and entities owned or controlled by them or persons and entities associated with them, as listed in Annex II;

(d) other persons and entities designated by the Security Council as having engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items, goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015); having assisted designated persons or entities in evading or acting inconsistently with the JCPOA or UNSCR 2231 (2015); having acted on behalf or at the direction of designated persons or entities, or having been owned or controlled by designated persons or entities, as listed in Annex III;

(e) other persons and entities not covered by Annex III that have engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items, goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015) or in this Decision; having assisted designated persons or entities in evading or acting inconsistently with the JCPOA, UNSCR 2231 (2015) or this Decision; having acted on behalf or at the direction of designated persons or entities, or having been owned or controlled by designated persons or entities, as listed in Annex IV.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of persons and entities referred to in paragraph 1.

3.   Exemptions may be made for funds and economic resources which are:

(a) necessary to satisfy basic needs, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds and economic resources;

after notification by the Member State concerned to the Security Council of the intention to authorise, where appropriate, access to such funds and economic resources and in the absence of a negative decision by the Security Council within five working days of such notification.

4.   Exemptions may also be made for funds and economic resources which are:

(a) necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Security Council;

(b) the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered before the date of UNSCR 1737 (2006), and is not for the benefit of a person or entity referred to in paragraph 1 of this Article, after notification by the Member State concerned to the Security Council;

(c) necessary for activities directly related to the items specified in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.

(d) necessary for the civil nuclear cooperation projects described in Annex III of the JCPOA, after notification by the Member State concerned to, and approval by, the Security Council;

(e) necessary for activities directly related to the items specified in Articles 26c and 26d, or to any other activity required for the implementation of the JCPOA, after notification by the Member State concerned to, and approval by, the Security Council.

4a.   With regard to persons and entities listed in Annex II, exemptions may also be made for funds and economic resources which are to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.

5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) payments to frozen accounts due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures;

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.

6.   Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that:

(a) the contract is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, brokering or services referred to in this Decision;

(b) the payment is not directly or indirectly received by a person or entity referred to in paragraph 1,

and after notification by the relevant Member State to the Security Council of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.

7.   Paragraph 1 shall not apply to:

(a) a transfer by or through the Central Bank of Iran of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade;

(b) the reimbursement by or through the Central Bank of Iran of claims due under a contract or agreement that was concluded by public or private Iranian entities before the adoption of this Decision,

provided that the transfer or reimbursement has been authorised by the relevant Member State.

11.   Paragraph 7 is without prejudice to paragraphs 3, 4, 4a, 5 and 6 and to Article 10(3) and (4).

12.   Without prejudice to the exemptions provided for in this Article, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the persons and entities referred to in paragraph 1.

13.   Paragraphs 1 and 2 shall not apply to acts and transactions carried out with regard to entities listed in Annex II which hold rights derived from an original award before 27 October 2010, by a sovereign Government other than Iran, of a gas production sharing agreement, insofar as such acts and transactions relate to those entities' participation in that agreement.

14.   Paragraphs 1 and 2 shall not apply to acts and transactions carried out with regard to entities listed in Annex II insofar as necessary for the execution, until 28 January 2016, of the obligations as referred to in Article 3c(2) provided that those acts and transactions have been authorised in advance, on a case-by-case basis, by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation.

15.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services, which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)  the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations

(b) international organisations;

(c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations

(d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e) the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or by,

(f) appropriate other actors as determined by the Committee as regards paragraphs 1(a) and 1(d), and paragraph 2 in so far as it refers to persons and entities covered by paragraphs 1(a) and 1 (d), and by the Council as regards paragraphs 1(b), 1(c) and 1(e), and paragraph 2 in so far as it refers to persons and entities covered by paragraphs 1(b), 1(c) and 1(e).

Chapter 6 - Other restrictive measures

Article 21

Member States shall, in accordance with their national legislation, take the necessary measures to prevent specialised teaching or training of Iranian nationals, within their territories or by their nationals, of disciplines which would contribute to Iran's proliferation-sensitive nuclear activities and development of nuclear weapon delivery systems.

Chapter 7 - General and final provisions

Article 22

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.

Article 23

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.

Article 24

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.

Article 25

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.

Article 26

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

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.

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.

6.   The exemption referred to in Article 20(15) as regards Article 20(1), points (b), (c) and (e), and Article 20(2) insofar as it refers to persons and entities covered by points (b), (c) and (e) of Article 20(1), shall be reviewed at regular intervals and at least every 12 months.

Article 26a

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.

Article 26b

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.

Article 26c

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.

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.

Article 26d

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.

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

(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.

Article 26e

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.

Article 26f

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.

Article 26g

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.

Article 27

Common Position 2007/140/CFSP is hereby repealed.

Article 28

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

Annex I - List of persons referred to in Article 19(1)(a) and of persons and entities referred to in Article 20(1)(a)

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Annex II - List of persons referred to in Article 19(1)(b) and of persons and entities referred to in Article 20(1)(b)

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Annex III - List of persons referred to in Article 19(1)(d) and of persons and entities referred to in Article 20(1)(d)

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Annex IV - List of persons referred to in Article 19(1)(e) and of persons and entities referred to in Article 20(1)(e)

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Annex V - List of persons and entities referred to in article 26(4)

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Annex VI - List of persons and entities referred to in article 26(5)

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Initial version

Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP

Official Journal of the European Union LI 195  of 27 July 2010, p. 39

Amended by

Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP	Official Journal of the European Union L 281 of 27 October 2010, p. 81
Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 136 of 24 May 2011, p. 65
Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 319 of 2 December 2011, p. 71
Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 19 of 24 January 2012, p. 22
Council Decision 2012/152/CFSP of 15 March 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 77 of 16 March 2012, p. 18
Council Decision 2012/169/CFSP of 23 March 2012 amending Decision 2010/413/CFSP concerning restrictive measures directed against Iran	Official Journal of the European Union L 87 of 24 March 2012, p. 90
Council Decision 2012/205/CFSP of 23 April 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 110 of 24 April 2012, p. 35
Council Decision 2012/457/CFSP of 2 August 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 208 of 3 August 2012, p. 18
Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 282 of 16 October 2012, p. 58
Council Decision 2012/687/CFSP of 6 November 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 307 of 7 November 2012, p. 82
Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 356 of 22 December 2012, p. 71
Council Decision 2013/270/CFSP of 6 June 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 156 of 8 June 2013, p. 10
Council Decision 2013/497/CFSP of 10 October 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 272 of 12 October 2013 , p. 46
Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 306 of 16 November 2013, p. 18
Council Decision 2013/685/CFSP of 26 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 316 of 27 November 2013, p. 46
Council Decision 2014/21/CFSP of 20 January 2014 amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 15 of 10 January 2014, p. 22
Council Decision 2014/222/CFSP of 16 April 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 119 of 23 April 2014, p. 65
Council Decision 2014/480/CFSP of 21 July 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 215 of 21 July 2014, p. 4
Council Decision 2014/776/CFSP of 7 November 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 325 of 8 November 2014, p. 19
Council Decision 2014/829/CFSP of 25 November 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 338 of 25 November 2014, p. 1
Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 39 of 14 February 2015, p. 18
Council Decision (CFSP) 2015/556 of 7 April 2015 amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 92 of 8 April 2015, p. 101
Council Decision (CFSP) 2015/1008 of 25 June 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 161 of 26 June 2015, p. 19
Council Decision (CFSP) 2015/1050 of 30 June 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 170  of 1 July 2015, p. 2
Council Decision (CFSP) 2015/1099 of 7 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 180  of 8 July 2015, p. 4
Council Decision (CFSP) 2015/1130 of 10 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 184 of 11 July 2015, p. 18
Council Decision (CFSP) 2015/1148 of 14 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 186 of 14 July 2015, p. 2
Council Decision (CFSP)  2015/1336 of 31 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 206 of 1 August 2015, p. 66
Council Decision (CFSP)  2015/1337 of 31 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 106 of 1 August 2015, p. 68
Council Decision (CFSP)  2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 274 of 18 October 2015, p. 174
Council Decision (CFSP) 2015/2216 of 30 November 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 314 of 1 December 2015, p. 58
Council Decision (CFSP) 2016/35 of 14 January 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 10 of 15 January 2016, p. 15
Council Decision (CFSP) 2016/36 of 14 January 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 10/17 of 15 January 2016 , p 17
Council Decision (CFSP) 2016/78 of 22 January 2016 implementing Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 16 of 23 January 2016, p. 25
Council Decision (CFSP) 2016/609 of 18 April 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 104 of 20 April 2016, p. 19
Council Decision  (CFSP) 2017/83 of 16 January 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 12 of 17 January 2016, p. 92
Council Decision (CFSP) 2017/974 of 8 June 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 146 of 9 June 2017, p. 143
Council Decision (CFSP) 2017/1127 of 23 June 2017 implementing Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 163 of 24 June 2017, p. 16
Council Decision (CFSP) 2018/833 of 4 June 2018 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union l 140 of 6 June 2018, p. 87
Council Decision (CFSP) 2019/870 of 27 May 2019 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union l 140 of 25 May 2019, p. 90
Council Decision (CFSP) 2020/849 of 18 June 2020 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 196 of 19 June 2020, p. 8
Council Decision CFSP) 2020/1699 of 12 November 2020 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 381 of 13 November 2020, p. 22
Council Decision CFSP) 2021/1252 of 29 July 2021 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 272 of 30 July 2021, p. 73
Council Decision (CFSP) 2022/1019 of 27 June 2022 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 170 of 28 June 2022, p. 78
Council Decision (CFSP) 2023/726 of 31 March 2023 amending certain Council Decisions concerning restrictive measures in order to insert provisions on a humanitarian exemption	Official Journal of the European Union L 94 of 3 April 2023, p. 48
Council Decision (CFSP) 2022/854 of 24 April 2023 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	OJ L 110, 25.04.2023, p. 28
Council Decision (CFSP) 2022/2126 of 9 October 2023 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	OJ L, 2023/2126, 10.10.2023
Council Decision (CFSP) 2023/2195 of 16 October 2023 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	OJ L, 2023/2195, 17.10.2023

Corrected 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 197 of 29 July 2010, p. 19
Corrigendum to Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 164 of 24 June 2011, p. 19
Corrigendum to Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 31 of 3 February 2012, p. 7
Corrigendum to Council Decision 2012/457/CFSP of 2 August 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 41 of 12 February 2013, p. 13
Corrigendum to Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 268 of 10 October 2013, p. 19
Corrigendum to Council Decision 2013/685/CFSP of 26 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 45 of 15 February 2014, p. 40
Corrigendum to Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran	Official Journal of the European Union L 297 of 18 November 2019, p. 7