Decision 2011/235 - Iran

Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

Article 1

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for serious human rights violations in Iran, and persons associated with them, as listed in the Annex.

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

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

(a) as a host country to an international intergovernmental organisation;

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

(c) under a multilateral agreement conferring privileges and immunities; or

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

4.   Paragraph 3 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.

6.   Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of 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.

7.   A Member State wishing to grant exemptions as referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council Members raises an objection in writing within 2 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 nevertheless decide to grant the proposed exemption.

8.   In cases where pursuant to paragraphs 3, 4, 6 or 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 2

1.   All funds and economic resources belonging to, owned, held or controlled by persons responsible for serious human rights violations in Iran, and all funds and economic resources belonging to, owned, held or controlled by persons and entities associated with them, as listed in the Annex, shall be frozen.

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

3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

(a) necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

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

(c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

(d) necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to the authorisation.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

(a) the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person or entity referred to in paragraph 1 was listed in the Annex, or of a judicial, administrative or arbitral judgment rendered prior to that date;

(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) the lien or judgment is not for the benefit of a person or entity listed in the Annex; and

(d) recognising the lien or judgement is not contrary to public policy in the Member State concerned.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

5.   Paragraph 1 shall not prevent a listed person or an entity from making a payment due under a contract entered into prior to the date on which such person or entity was listed in the Annex, provided that the Member State concerned has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.

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

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

(b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2;

provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.

Article 2a

The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Iranian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Iran and the provision of assistance to install, operate or update such equipment or software shall be prohibited.

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

Article 2b

1.   The sale, supply, transfer or export of equipment which might be used for internal repression to Iran by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether or not originating in their territories.

2.   It shall also be prohibited to:

(a) provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for the use in, Iran.

(b) provide, directly or indirectly, financing or financial assistance, related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Iran.

3.   Paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of equipment which is intended solely for the protective use of the personnel of the Union and its Member States in Iran, or to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment, as approved in advance by the relevant competent authority.

Article 3

1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in the Annex.

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

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

Article 4

1.   The Annex shall include the grounds for listing the persons and entities concerned.

2.   The Annex shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity 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.

Article 4a

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2a and 2b.

Article 5

In order to maximise the impact of the measures provided for in this Decision, the Union shall encourage third States to adopt similar restrictive measures.

Article 6

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

2.   This Decision shall apply until 13 April 2025. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Annex - List of persons and entities referred to in Articles 1 and 2

Show

Initial version

Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

Official Journal of the European Union L 100 of 14 April 2011, p. 15

Amended by

Council Implementing Decision 2011/670/CFSP of 10 October 2011 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 267 of 12 October 2011, p. 13
Council Decision 2012/168/CFSP of 23 March 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 87 of 24 March 2012, p. 85
Council Decision 2012/810/CFSP of 20 December 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 352 of 21 December 2012, p. 49
Council Decision 2013/124/CFSP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 68/57 of 12 March 2013, p 57
Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 109 of 12 April 2014, p. 25
Council Decision (CFSP) 2015/555 of 7 April 2015 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 92 of 8 April 2014, p. 91
Council Decision (CFSP) 2016/565 of 11 April 2016 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 96 of 12 April 2016, p. 41
Council Decision (CFSP) 2017/689 of 11 April 2017 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 99 of 12 April 2017, p. 1
Council Decision (CFSP) 2018/568 of 12 April 2018 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 95 of 13 April 2018, p. 14
Council Decision (CFSP) 2019/562 of 8 April 2019 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 98 of 9 April 2019, p. 17
Council Decision (CFSP) 2020/512 of 7 April 2020 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 113 of 8 April 2020, p. 22
Council Implementing Decision (CFSP) 2021/585 of 12 April 2021 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 124 of 12 April 2021, p. 7
Council Decision (CFSP) 2021/595 of 12 April 2021 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 125 of 13 April 2021, p. 58
Council Decision (CFSP) 2022/596 of 11 April 2022 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union L 114 of 12 April 2022, p. 68
Council Implementing Decision (CFSP) 2022/1956 of 17 October 2022 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 269 of 17 October 2022, p. 9
Council Implementing Decision (CFSP) 2022/2234 of 14 November 2022 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 293 of 14 November 2022, p. 43
Council Implementing Decision (CFSP) 2022/2235 of 14 November 2022 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 293 of 14 November 2022, p. 46
Council Implementing Decision (CFSP) 2022/2433 of 12 December 2022 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 318 of 12 December 2022, p. 36
Council Implementing Decision (CFSP) 2023/153 of 23 January 2023 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 20 of 23 January 2023, p. 23
Council Implementing Decision (CFSP) 2023/381 of 20 February 2023 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	Official Journal of the European Union LI 51 of 20 February 2023, p. 36
Council Implementing Decision (CFSP) 2023/1299 of 26 June 2023 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	OJ L 160l, 26.06.2023
Council Implementing Decision (CFSP) 2023/1780 of 15 September 2023 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	OJ L 228l, 15.09.2023, p. 6
Council Decision (CFSP) 2024/1019 of 4 April 2024 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran	OJ L, 2024/1019, 05.04.2024

Corrected by

Corrigendum to Council Decision (CFSP) 2020/512 of 7 April 2020 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

Official Journal of the European Union LI 225 of 14 July 2020, p. 3