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Summaries of EU Legislation

Restrictive measures against Iran

 

SUMMARY OF:

Decision 2010/413/CFSP concerning restrictive measures against Iran

Regulation (EU) No 267/2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010

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

Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

WHAT IS THE AIM OF THE DECISIONS AND THE REGULATIONS ?

  • Decision 2010/413/CFSP and Regulation (EU) No 267/2012 set out a series of sanctions and other measures in response to the deepening concern of the European Council about Iran’s nuclear programme and in light of UN Security Council resolution (UNSCR) 1929 (2010).
  • The measures focus on trade, the financial sector, the Iranian transport sector, key sectors in the oil and gas industry and the Islamic Revolutionary Guard Corps.
  • Decision 2011/235/CFSP and Regulation (EU) No 359/2011 set out a sanctions regime in relation to individuals responsible for serious human rights violations in Iran.

KEY POINTS

Article 215 of the Treaty on the Functioning of the European Union and Article 29 of the Treaty on European Union provide the general framework for EU sanctions pertaining to Iran.

Decision 2010/413/CFSP and Regulation (EU) No 267/2012

The decision and the regulation transpose UN sanctions as a follow-up to UNSCR requiring Iran to stop enriching uranium with nuclear proliferation purposes. They also impose a range of autonomous EU economic and financial sanctions on Iran, including the following.

Trade in various goods:

  • ban on arms exports to Iran;
  • ban on exports of dual-use goods and goods which could be used in nuclear enrichment-related activities;
  • ban on imports of crude oil, natural gas, petrochemical and petroleum products;
  • ban on the sale or supply of key equipment used in the energy sector;
  • ban on the sale or supply of gold, other precious metals and diamonds;
  • ban on certain naval equipment;
  • ban on certain software.

Financial sector:

  • freezing the assets of the Central Bank of Iran and major Iranian commercial banks;
  • laying down notification and authorisation mechanisms for transfers of funds above certain amounts to Iranian financial institutions.

Transport sector:

  • preventing access to EU airports for Iranian cargo flights;
  • ban on maintenance and service of Iranian cargo aircraft or vessels carrying prohibited materials or goods;
  • travel restrictions and asset freeze imposed against additional listed persons and entities.

On 20 July 2015, UNSCR 2231 (2015) was adopted and agreed by Iran and the ‘E3/EU+3*’. This resolution:

  • endorsed the joint comprehensive plan of action;
  • allowed for certain exemptions to existing restrictive measures; and
  • defined the schedule and commitments to be undertaken by all parties to lead to the termination of restrictive measures against Iran.

On 16 January 2016 (Implementation Day), the UN lifted some of its nuclear-related restrictive measures, as set by UNSCR 2231 (2015), and the Council lifted all nuclear-related economic and financial EU sanctions against Iran. However, some restrictions remain in force.

Decision 2011/235/CFSP and Regulation (EU) No 359/2011

Decision 2011/235/CFSP provides for a travel ban and a freeze on funds* and freeze on economic resources* for individuals responsible for serious human rights violations in Iran, and those associated with them. Regulation (EU) No 359/2011 gives effect to Decision 2011/235/CFSP insofar as it concerns the following.

Measures to combat internal repression

  • It is prohibited to sell, supply, transfer or export the following, whether or not it originates in the EU, to any person or body in Iran or for use in Iran:
    • equipment which might be used for internal repression as listed in Annex III;
    • equipment, technology or software identified in Annex IV, without prior authorisation from the relevant EU country.
  • It is prohibited to provide technical assistance, brokering services and financing to any person or body in Iran or for use in Iran if the services are related to equipment which might be used for internal repression as listed in Annex III.
  • It is prohibited to provide any telecommunication or internet monitoring or interception services to Iran’s government, public bodies, corporations and agencies or to any person or entity acting on their behalf.

Financial sanctions

  • Regulation (EU) No 359/2011 outlines:
    • a freeze on funds and economic resources belonging to, owned or held by individuals or bodies listed in Annex I;
    • a ban on funds or economic resources being made available to individuals, entities or bodies listed in Annex I;
    • a ban on intentional activities to circumvent the above measures.
  • Annex I is a list of persons who, in accordance with Decision 2011/235/CFSP, have been identified by the Council as being individuals responsible for serious human rights violations in Iran, and those associated with them.
  • EU countries may exceptionally authorise the release of frozen funds or economic resources, including for basic expenses such as food, medicines and utilities and reasonable professional fees.

FROM WHEN DO THE DECISIONS AND REGULATIONS APPLY?

  • Decision 2010/413/CFSP has applied since 26 July 2010 and Regulation (EU) No 267/2012 has applied since 24 March 2012.
  • Decision 2011/235/CFSP has applied since 12 April 2011 and Regulation (EU) No 359/2011 has applied since 14 April 2011.

BACKGROUND

See also:

KEY TERMS

E3/EU+3: France, Germany, the United Kingdom and the EU+, China, Russia and the United States.
Freezing of funds: preventing any move, transfer, alteration, use of, access to or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other that would enable the funds to be used, including portfolio management.
Freezing of economic resources: preventing the use of economic resources (assets of every kind, whether tangible, intangible, movable or immovable, which can be used to obtain funds, goods or services) to obtain funds, goods or services in any way, including selling, hiring or mortgaging.

MAIN DOCUMENTS

Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, pp. 39-73)

Successive amendments to Decision 2010/413/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88 24.3.2012, pp. 1-112)

See consolidated 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 (OJ L 100, 14.4.2011, pp. 51-57)

See consolidated version.

Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ L 100, 14.4.2011, pp. 1-11)

See consolidated version.

RELATED DOCUMENTS

Consolidated version of the Treaty on European Union — Title V — General provisions on the Union's external action and specific provisions on the common foreign and security policy — Chapter 2 — Specific provisions on the common foreign and security policy — Section 1 — Common provisions — Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33)

Consolidated version of the Treaty on the Functioning of the European Union — Part Five — The Union’s external action — Title IV — Restrictive measures — Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144)

last update 23.01.2023

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