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Document L:2010:195:FULL
Official Journal of the European Union, L 195, 27 July 2010
Official Journal of the European Union, L 195, 27 July 2010
Official Journal of the European Union, L 195, 27 July 2010
Display all documents published in this Official Journal
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ISSN 1725-2555 doi:10.3000/17252555.L_2010.195.eng |
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Official Journal of the European Union |
L 195 |
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English edition |
Legislation |
Volume 53 |
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Contents |
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INTERNATIONAL AGREEMENTS |
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2010/411/EU |
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2010/412/EU |
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REGULATIONS |
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DECISIONS |
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2010/413/CFSP |
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2010/415/EU |
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Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
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27.7.2010 |
EN |
Official Journal of the European Union |
L 195/1 |
COUNCIL DECISION
of 28 June 2010
on the signing, on behalf of the Union, of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
(2010/411/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 87(2)(a) and 88(2), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
By decision of 11 May 2010, the Council authorised the Commission to open negotiations on behalf of the European Union between the Union and the United States to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorism financing. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (‘the Agreement’). |
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(2) |
The Agreement should be signed, subject to its conclusion at a later stage. |
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(3) |
The Agreement respects the fundamental rights and observes the principles recognised in particular in the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles. |
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(4) |
In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. |
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(5) |
In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application, without prejudice to its rights under the Protocol with respect to the Decision on the conclusion of the Agreement. |
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(6) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
The signing of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (1) (‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 28 June 2010.
For the Council
The President
M. Á. MORATINOS
(1) See page 5 of this Official Journal.
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27.7.2010 |
EN |
Official Journal of the European Union |
L 195/3 |
COUNCIL DECISION
of 13 July 2010
on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
(2010/412/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 87(2)(a) and 88(2), in conjunction with Article 218(6)(a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
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(1) |
By decision of 11 May 2010, the Council authorised the Commission to open negotiations on behalf of the European Union between the Union and the United States to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorism financing. |
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(2) |
In accordance with Council Decision 2010/411/EU of 28 June 2010 (1) the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (the Agreement) was signed on 28 June 2010, subject to its conclusion at a later date. |
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(3) |
The Agreement should be concluded. |
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(4) |
The Agreement respects the fundamental rights and observes the principles recognised in particular in the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles. |
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(5) |
In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. |
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(6) |
In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
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(7) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (the Agreement) is hereby approved on behalf of the Union (2).
The text of the Agreement is attached to this Decision.
Article 2
The Commission is invited to submit to the European Parliament and the Council, no later than one year from the date of entry into force of the Agreement, a legal and technical framework for the extraction of data on EU territory.
Within three years from the date of entry into force of the Agreement, the Commission is invited to present a report of progress on the development of the equivalent EU system with regard to Article 11 of the Agreement.
If, five years after the date of entry into force of the Agreement, the equivalent EU system has not been set up, the Union shall consider whether to renew the Agreement in accordance with Article 21(2) thereof.
Article 3
The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the exchange of the instruments of approval provided for in Article 23 of the Agreement, in order to express the consent of the Union to be bound.
Article 4
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 13 July 2010.
For the Council
The President
D. REYNDERS
(1) See page 5 of this Official Journal.
(2) The date of entry into force of the Agreement shall be published in the Official Journal of the European Union by the General Secretariat of the Council.
AGREEMENT
between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
THE EUROPEAN UNION,
of the one part, and
THE UNITED STATES OF AMERICA,
of the other part,
Together hereinafter referred to as ‘the Parties’,
DESIRING to prevent and combat terrorism and its financing, in particular by mutual sharing of information, as a means of protecting their respective democratic societies and common values, rights, and freedoms;
SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership;
RECALLING the United Nations conventions for combating terrorism and its financing, and relevant resolutions of the United Nations Security Council in the field of fighting terrorism, in particular United Nations Security Council Resolution 1373 (2001) and its directives that all States shall take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information; that States shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts; that States should find ways of intensifying and accelerating the exchange of operational information; that States should exchange information in accordance with international and domestic law; and that States should cooperate, particularly through bilateral and multilateral arrangements and agreements, to prevent and suppress terrorist attacks and to take action against perpetrators of such attacks;
RECOGNISING that the United States Department of the Treasury’s (U.S. Treasury Department) Terrorist Finance Tracking Program (TFTP) has been instrumental in identifying and capturing terrorists and their financiers and has generated many leads that have been disseminated for counter terrorism purposes to competent authorities around the world, with particular value for European Union Member States (Member States);
NOTING the importance of the TFTP in preventing and combating terrorism and its financing in the European Union and elsewhere, and the important role of the European Union in ensuring that designated providers of international financial payment messaging services provide financial payment messaging data stored in the territory of the European Union which are necessary for preventing and combating terrorism and its financing, subject to strict compliance with safeguards on privacy and the protection of personal data;
MINDFUL of Article 6(2) of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of personal data as stipulated in Article 16 of the Treaty on the Functioning of the European Union, the principles of proportionality and necessity concerning the right to private and family life, the respect for privacy, and the protection of personal data under Article 8(2) of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union;
MINDFUL of the breadth of privacy protections in the United States of America (United States), as reflected in the United States Constitution, and in its criminal and civil legislation, regulations, and long-standing policies, which are enforced and maintained by checks and balances applied by the three branches of government;
STRESSING the common values governing privacy and the protection of personal data in the European Union and the United States, including the importance which both Parties assign to due process and the right to seek effective remedies for improper government action;
MINDFUL of the mutual interest in the expeditious conclusion of a binding agreement between the European Union and the United States based on common principles regarding the protection of personal data when transferred for the general purposes of law enforcement, bearing in mind the importance of carefully considering its effect on prior agreements and the principle of effective administrative and judicial redress on a non-discriminatory basis;
NOTING the rigorous controls and safeguards utilised by the U.S. Treasury Department for the handling, use, and dissemination of financial payment messaging data pursuant to the TFTP, as described in the representations of the U.S. Treasury Department published in the Official Journal of the European Union on 20 July 2007 and the Federal Register of the United States on 23 October 2007, which reflect the ongoing cooperation between the United States and the European Union in the fight against global terrorism;
RECOGNISING the two comprehensive reviews and reports of the independent person appointed by the European Commission to verify compliance with the data protection safeguards of the TFTP, concluding that the United States was complying with the data privacy protection practices outlined in its Representations and further that the TFTP has generated significant security benefits for the European Union and has been extremely valuable not only in investigating terrorist attacks but also in preventing a number of terrorist attacks in Europe and elsewhere;
MINDFUL of the European Parliament’s resolution of 5 May 2010 on the Recommendation from the Commission to the Council to authorise the opening of negotiations for an agreement between the European Union and the United States to make available to the U.S. Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing;
RECALLING that, to guarantee effective exercise of their rights, any person irrespective of nationality is able to lodge a complaint before an independent data protection authority, other similar authority, or independent and impartial court or tribunal, to seek effective remedies;
MINDFUL that non-discriminatory administrative and judicial redress is available under U.S. law for the mishandling of personal data, including under the Administrative Procedure Act of 1946, the Inspector General Act of 1978, the Implementing Recommendations of the 9/11 Commission Act of 2007, the Computer Fraud and Abuse Act, and the Freedom of Information Act;
RECALLING that by law within the European Union customers of financial institutions and of providers of financial payment messaging services are informed in writing that personal data contained in financial transaction records may be transferred to Member States’ or third countries’ public authorities for law enforcement purposes and that this notice may include information with respect to the TFTP;
RECOGNISING the principle of proportionality guiding this Agreement and implemented by both the European Union and the United States; in the European Union as derived from the European Convention on Human Rights and Fundamental Freedoms, its applicable jurisprudence, and EU and Member State legislation; and in the United States through reasonableness requirements derived from the United States Constitution and federal and state laws, and their interpretive jurisprudence, as well as through prohibitions on overbreadth of production orders and on arbitrary action by government officials;
AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between the United States and the European Union, or between either of the Parties and any State, regarding the processing and transfer of financial payment messaging data or any other form of data, or regarding data protection;
RECOGNISING that Designated Providers are bound by generally applicable EU or national data protection rules, intended to protect individuals with regard to the processing of their personal data, under the supervision of competent Data Protection Authorities in a manner consistent with the specific provisions of this Agreement; and
FURTHER AFFIRMING that this Agreement is without prejudice to other law enforcement or information sharing agreements or arrangements between the Parties or between the United States and Member States,
HAVE AGREED AS FOLLOWS:
Article 1
Purpose of Agreement
1. The purpose of this Agreement is to ensure, with full respect for the privacy, protection of personal data, and other conditions set out in this Agreement, that:
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(a) |
financial payment messages referring to financial transfers and related data stored in the territory of the European Union by providers of international financial payment messaging services, that are jointly designated pursuant to this Agreement, are provided to the U.S. Treasury Department for the exclusive purpose of the prevention, investigation, detection, or prosecution of terrorism or terrorist financing; and |
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(b) |
relevant information obtained through the TFTP is provided to law enforcement, public security, or counter terrorism authorities of Member States, or Europol or Eurojust, for the purpose of the prevention, investigation, detection, or prosecution of terrorism or terrorist financing. |
2. The United States, the European Union, and its Member States shall take all necessary and appropriate measures within their authority to carry out the provisions and achieve the purpose of this Agreement.
Article 2
Scope of application
This Agreement applies to the obtaining and use of financial payment messaging and related data with a view to the prevention, investigation, detection, or prosecution of:
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(a) |
acts of a person or entity that involve violence, or are otherwise dangerous to human life or create a risk of damage to property or infrastructure, and which, given their nature and context, are reasonably believed to be committed with the aim of:
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(b) |
a person or entity assisting, sponsoring, or providing financial, material, or technological support for, or financial or other services to or in support of, acts described in subparagraph (a); |
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(c) |
a person or entity providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the acts described in subparagraphs (a) or (b); or |
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(d) |
a person or entity aiding, abetting, or attempting acts described in subparagraphs (a), (b), or (c). |
Article 3
Ensuring provision of data by Designated Providers
The Parties, jointly and individually, shall ensure, in accordance with this Agreement and in particular Article 4, that entities jointly designated by the Parties under this Agreement as providers of international financial payment messaging services (Designated Providers) provide to the U.S. Treasury Department requested financial payment messaging and related data which are necessary for the purpose of the prevention, investigation, detection, or prosecution of terrorism or terrorist financing (Provided Data). The Designated Providers shall be identified in the Annex to this Agreement and may be updated, as necessary, by exchange of diplomatic notes. Any amendments to the Annex shall be duly published in the Official Journal of the European Union.
Article 4
U.S. Requests to obtain data from Designated Providers
1. For the purposes of this Agreement, the U.S. Treasury Department shall serve production orders (Requests), under authority of U.S. law, upon a Designated Provider present in the territory of the United States in order to obtain data necessary for the purpose of the prevention, investigation, detection, or prosecution of terrorism or terrorist financing that are stored in the territory of the European Union.
2. The Request (together with any supplemental documents) shall:
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(a) |
identify as clearly as possible the data, including the specific categories of data requested, that are necessary for the purpose of the prevention, investigation, detection, or prosecution of terrorism or terrorist financing; |
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(b) |
clearly substantiate the necessity of the data; |
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(c) |
be tailored as narrowly as possible in order to minimise the amount of data requested, taking due account of past and current terrorism risk analyses focused on message types and geography as well as perceived terrorism threats and vulnerabilities, geographic, threat, and vulnerability analyses; and |
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(d) |
not seek any data relating to the Single Euro Payments Area. |
3. Upon service of the Request on the Designated Provider, the U.S. Treasury Department shall simultaneously provide a copy of the Request, with any supplemental documents, to Europol.
4. Upon receipt of the copy, Europol shall verify as a matter of urgency whether the Request complies with the requirements of paragraph 2. Europol shall notify the Designated Provider that it has verified that the Request complies with the requirements of paragraph 2.
5. For the purposes of this Agreement, once Europol has confirmed that the Request complies with the requirements of paragraph 2, the Request shall have binding legal effect as provided under U.S. law, within the European Union as well as the United States. The Designated Provider is thereby authorised and required to provide the data to the U.S. Treasury Department.
6. The Designated Provider shall thereupon provide the data (i.e., on a ‘push basis’) directly to the U.S. Treasury Department. The Designated Provider shall keep a detailed log of all data transmitted to the U.S. Treasury Department for the purposes of this Agreement.
7. Once the data have been provided pursuant to these procedures, the Designated Provider shall be deemed to have complied with this Agreement and with all other applicable legal requirements in the European Union related to the transfer of such data from the European Union to the United States.
8. Designated Providers shall have all administrative and judicial redress available under U.S. law to recipients of U.S. Treasury Department Requests.
9. The Parties shall jointly coordinate with regard to the technical modalities necessary to support the Europol verification process.
Article 5
Safeguards applicable to the processing of Provided Data
1. The U.S. Treasury Department shall ensure that Provided Data are processed in accordance with the provisions of this Agreement. The U.S. Treasury Department shall ensure the protection of personal data by means of the following safeguards, which shall be applied without discrimination, in particular on the basis of nationality or country of residence.
2. Provided Data shall be processed exclusively for the prevention, investigation, detection, or prosecution of terrorism or its financing.
3. The TFTP does not and shall not involve data mining or any other type of algorithmic or automated profiling or computer filtering.
4. To prevent unauthorised access to or disclosure or loss of the data or any unauthorised form of processing:
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(a) |
Provided Data shall be held in a secure physical environment, stored separately from any other data, and maintained with high-level systems and physical intrusion controls; |
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(b) |
Provided Data shall not be interconnected with any other database; |
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(c) |
access to Provided Data shall be limited to analysts investigating terrorism or its financing and to persons involved in the technical support, management, and oversight of the TFTP; |
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(d) |
Provided Data shall not be subject to any manipulation, alteration, or addition; and |
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(e) |
no copies of Provided Data shall be made, other than for disaster recovery back-up purposes. |
5. All searches of Provided Data shall be based upon pre-existing information or evidence which demonstrates a reason to believe that the subject of the search has a nexus to terrorism or its financing.
6. Each individual TFTP search of Provided Data shall be narrowly tailored, shall demonstrate a reason to believe that the subject of the search has a nexus to terrorism or its financing, and shall be logged, including such nexus to terrorism or its financing required to initiate the search.
7. Provided Data may include identifying information about the originator and/or recipient of a transaction, including name, account number, address, and national identification number. The Parties recognise the special sensitivity of personal data revealing racial or ethnic origin, political opinions, or religious or other beliefs, trade union membership, or health and sexual life (sensitive data). In the exceptional circumstance that extracted data were to include sensitive data, the U.S. Treasury Department shall protect such data in accordance with the safeguards and security measures set forth in this Agreement and with full respect and taking due account of their special sensitivity.
Article 6
Retention and deletion of data
1. During the term of this Agreement, the U.S. Treasury Department shall undertake an ongoing and at least annual evaluation to identify non-extracted data that are no longer necessary to combat terrorism or its financing. Where such data are identified, the U.S. Treasury Department shall permanently delete them as soon as technologically feasible.
2. If it transpires that financial payment messaging data were transmitted which were not requested, the U.S. Treasury Department shall promptly and permanently delete such data and shall inform the relevant Designated Provider.
3. Subject to any earlier deletion of data resulting from paragraphs 1, 2, or 5, all non-extracted data received prior to 20 July 2007 shall be deleted not later than 20 July 2012.
4. Subject to any earlier deletion of data resulting from paragraphs 1, 2, or 5, all non-extracted data received on or after 20 July 2007 shall be deleted not later than five (5) years from receipt.
5. During the term of this Agreement, the U.S. Treasury Department shall undertake an ongoing and at least annual evaluation to assess the data retention periods specified in paragraphs 3 and 4 to ensure that they continue to be no longer than necessary to combat terrorism or its financing. Where any such retention periods are determined to be longer than necessary to combat terrorism or its financing, the U.S. Treasury Department shall reduce such retention periods, as appropriate.
6. Not later than three years from the date of entry into force of this Agreement, the European Commission and the U.S. Treasury Department shall prepare a joint report regarding the value of TFTP Provided Data, with particular emphasis on the value of data retained for multiple years and relevant information obtained from the joint review conducted pursuant to Article 13. The Parties shall jointly determine the modalities of this report.
7. Information extracted from Provided Data, including information shared under Article 7, shall be retained for no longer than necessary for specific investigations or prosecutions for which they are used.
Article 7
Onward transfer
Onward transfer of information extracted from the Provided Data shall be limited pursuant to the following safeguards:
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(a) |
only information extracted as a result of an individualised search as described in this Agreement, in particular Article 5, shall be shared; |
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(b) |
such information shall be shared only with law enforcement, public security, or counter terrorism authorities in the United States, Member States, or third countries, or with Europol or Eurojust, or other appropriate international bodies, within the remit of their respective mandates; |
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(c) |
such information shall be shared for lead purposes only and for the exclusive purpose of the investigation, detection, prevention, or prosecution of terrorism or its financing; |
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(d) |
where the U.S. Treasury Department is aware that such information involves a citizen or resident of a Member State, any sharing of the information with the authorities of a third country shall be subject to the prior consent of competent authorities of the concerned Member State or pursuant to existing protocols on such information sharing between the U.S. Treasury Department and that Member State, except where the sharing of the data is essential for the prevention of an immediate and serious threat to public security of a Party to this Agreement, a Member State, or a third country. In the latter case the competent authorities of the concerned Member State shall be informed of the matter at the earliest opportunity; |
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(e) |
in sharing such information, the U.S. Treasury Department shall request that the information shall be deleted by the recipient authority as soon as it is no longer necessary for the purpose for which it was shared; and |
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(f) |
each onward transfer shall be duly logged. |
Article 8
Adequacy
Subject to ongoing compliance with the commitments on privacy and protection of personal data set out in this Agreement, the U.S. Treasury Department is deemed to ensure an adequate level of data protection for the processing of financial payment messaging and related data transferred from the European Union to the United States for the purposes of this Agreement.
Article 9
Spontaneous provision of information
1. The U.S. Treasury Department shall ensure the availability, as soon as practicable and in the most expedient manner, to law enforcement, public security, or counter terrorism authorities of concerned Member States, and, as appropriate, to Europol and Eurojust, within the remit of their respective mandates, of information obtained through the TFTP that may contribute to the investigation, prevention, detection, or prosecution by the European Union of terrorism or its financing. Any follow-on information that may contribute to the investigation, prevention, detection, or prosecution by the United States of terrorism or its financing shall be conveyed back to the United States on a reciprocal basis and in a reciprocal manner.
2. In order to facilitate the efficient exchange of information, Europol may designate a liaison officer to the U.S. Treasury Department. The modalities of the liaison officer’s status and tasks shall be decided jointly by the Parties.
Article 10
EU requests for TFTP searches
Where a law enforcement, public security, or counter terrorism authority of a Member State, or Europol or Eurojust, determines that there is reason to believe that a person or entity has a nexus to terrorism or its financing as defined in Articles 1 to 4 of Council Framework Decision 2002/475/JHA, as amended by Council Framework Decision 2008/919/JHA and Directive 2005/60/EC, such authority may request a search for relevant information obtained through the TFTP. The U.S. Treasury Department shall promptly conduct a search in accordance with Article 5 and provide relevant information in response to such requests.
Article 11
Cooperation with future equivalent EU system
1. During the course of this Agreement, the European Commission will carry out a study into the possible introduction of an equivalent EU system allowing for a more targeted transfer of data.
2. If, following this study, the European Union decides to establish an EU system, the United States shall cooperate and provide assistance and advice to contribute to the effective establishment of such a system.
3. Since the establishment of an EU system could substantially change the context of this Agreement, if the European Union decides to establish such a system, the Parties should consult to determine whether this Agreement would need to be adjusted accordingly. In that regard, U.S. and EU authorities shall cooperate to ensure the complementariness and efficiencies of the U.S. and EU systems in a manner that further enhances the security of citizens of the United States, the European Union, and elsewhere. In the spirit of this cooperation, the Parties shall actively pursue, on the basis of reciprocity and appropriate safeguards, the cooperation of any relevant international financial payment messaging service providers which are based in their respective territories for the purposes of ensuring the continued and effective viability of the U.S. and EU systems.
Article 12
Monitoring of safeguards and controls
1. Compliance with the strict counter terrorism purpose limitation and the other safeguards set out in Articles 5 and 6 shall be subject to monitoring and oversight by independent overseers, including by a person appointed by the European Commission, with the agreement of and subject to appropriate security clearances by the United States. Such oversight shall include the authority to review in real time and retrospectively all searches made of the Provided Data, the authority to query such searches and, as appropriate, to request additional justification of the terrorism nexus. In particular, independent overseers shall have the authority to block any or all searches that appear to be in breach of Article 5.
2. The oversight described in paragraph 1 shall be subject to regular monitoring, including of the independence of the oversight described in paragraph 1, in the framework of the review foreseen in Article 13. The Inspector General of the U.S. Treasury Department will ensure that the independent oversight described in paragraph 1 is undertaken pursuant to applicable audit standards.
Article 13
Joint review
1. At the request of one of the Parties and at any event after a period of six (6) months from the date of entry into force of this Agreement, the Parties shall jointly review the safeguards, controls, and reciprocity provisions set out in this Agreement. The review shall be conducted thereafter on a regular basis, with additional reviews scheduled as necessary.
2. The review shall have particular regard to (a) the number of financial payment messages accessed, (b) the number of occasions on which leads have been shared with Member States, third countries, and Europol and Eurojust, (c) the implementation and effectiveness of this Agreement, including the suitability of the mechanism for the transfer of information, (d) cases in which the information has been used for the prevention, investigation, detection, or prosecution of terrorism or its financing, and (e) compliance with data protection obligations specified in this Agreement. The review shall include a representative and random sample of searches in order to verify compliance with the safeguards and controls set out in this Agreement, as well as a proportionality assessment of the Provided Data, based on the value of such data for the investigation, prevention, detection, or prosecution of terrorism or its financing. Following the review, the European Commission will present a report to the European Parliament and the Council on the functioning of this Agreement, including the areas mentioned in this paragraph.
3. For the purposes of the review, the European Union shall be represented by the European Commission, and the United States shall be represented by the U.S. Treasury Department. Each Party may include in its delegation for the review experts in security and data protection, as well as a person with judicial experience. The European Union review delegation shall include representatives of two data protection authorities, at least one of which shall be from a Member State where a Designated Provider is based.
4. For the purposes of the review, the U.S. Treasury Department shall ensure access to relevant documentation, systems, and personnel. The Parties shall jointly determine the modalities of the review.
Article 14
Transparency — providing information to the data subjects
The U.S. Treasury Department shall post on its public website detailed information concerning the TFTP and its purposes, including contact information for persons with questions. In addition, it shall post information about the procedures available for the exercise of the rights described in Articles 15 and 16, including the availability of administrative and judicial redress as appropriate in the United States regarding the processing of personal data received pursuant to this Agreement.
Article 15
Right of access
1. Any person has the right to obtain, following requests made at reasonable intervals, without constraint and without excessive delay, at least a confirmation transmitted through his or her data protection authority in the European Union as to whether that person’s data protection rights have been respected in compliance with this Agreement, after all necessary verifications have taken place, and, in particular, whether any processing of that person’s personal data has taken place in breach of this Agreement.
2. Disclosure to a person of his or her personal data processed under this Agreement may be subject to reasonable legal limitations applicable under national law to safeguard the prevention, detection, investigation, or prosecution of criminal offences, and to protect public or national security, with due regard for the legitimate interest of the person concerned.
3. Pursuant to paragraph 1, a person shall send a request to his or her European national supervisory authority, which shall transmit the request to the Privacy Officer of the U.S. Treasury Department, who shall make all necessary verifications pursuant to the request. The Privacy Officer of the U.S. Treasury Department shall without undue delay inform the relevant European national supervisory authority whether personal data may be disclosed to the data subject and whether the data subject’s rights have been duly respected. In the case that access to personal data is refused or restricted pursuant to the limitations referred to in paragraph 2, such refusal or restriction shall be explained in writing and provide information on the means available for seeking administrative and judicial redress in the United States.
Article 16
Right to rectification, erasure, or blocking
1. Any person has the right to seek the rectification, erasure, or blocking of his or her personal data processed by the U.S. Treasury Department pursuant to this Agreement where the data are inaccurate or the processing contravenes this Agreement.
2. Any person exercising the right expressed in paragraph 1 shall send a request to his or her relevant European national supervisory authority, which shall transmit the request to the Privacy Officer of the U.S. Treasury Department. Any request to obtain rectification, erasure, or blocking shall be duly substantiated. The Privacy Officer of the U.S. Treasury Department shall make all necessary verifications pursuant to the request and shall without undue delay inform the relevant European national supervisory authority whether personal data have been rectified, erased, or blocked, and whether the data subject’s rights have been duly respected. Such notification shall be explained in writing and provide information on the means available for seeking administrative and judicial redress in the United States.
Article 17
Maintaining the accuracy of information
1. Where a Party becomes aware that data received or transmitted pursuant to this Agreement are not accurate, it shall take all appropriate measures to prevent and discontinue erroneous reliance on such data, which may include supplementation, deletion, or correction of such data.
2. Each Party shall, where feasible, notify the other if it becomes aware that material information it has transmitted to or received from the other Party under this Agreement is inaccurate or unreliable.
Article 18
Redress
1. The Parties shall take all reasonable steps to ensure that the U.S. Treasury Department and any relevant Member State promptly inform one another, and consult with one another and the Parties, if necessary, where they consider that personal data have been processed in breach of this Agreement.
2. Any person who considers his or her personal data to have been processed in breach of this Agreement is entitled to seek effective administrative and judicial redress in accordance with the laws of the European Union, its Member States, and the United States, respectively. For this purpose and as regards data transferred to the United States pursuant to this Agreement, the U.S. Treasury Department shall treat all persons equally in the application of its administrative process, regardless of nationality or country of residence. All persons, regardless of nationality or country of residence, shall have available under U.S. law a process for seeking judicial redress from an adverse administrative action.
Article 19
Consultation
1. The Parties shall, as appropriate, consult each other to enable the most effective use to be made of this Agreement, including to facilitate the resolution of any dispute regarding the interpretation or application of this Agreement.
2. The Parties shall take measures to avoid the imposition of extraordinary burdens on one another through application of this Agreement. Where extraordinary burdens nonetheless result, the Parties shall immediately consult with a view to facilitating the application of this Agreement, including the taking of such measures as may be required to reduce pending and future burdens.
3. The Parties shall immediately consult in the event that any third party, including an authority of another country, challenges or asserts a legal claim with respect to any aspect of the effect or implementation of this Agreement.
Article 20
Implementation and non-derogation
1. This Agreement shall not create or confer any right or benefit on any person or entity, private or public. Each Party shall ensure that the provisions of this Agreement are properly implemented.
2. Nothing in this Agreement shall derogate from existing obligations of the United States and Member States under the Agreement on Mutual Legal Assistance between the European Union and the United States of America of 25 June 2003 and the related bilateral mutual legal assistance instruments between the United States and Member States.
Article 21
Suspension or termination
1. Either Party may suspend the application of this Agreement with immediate effect, in the event of breach of the other Party’s obligations under this Agreement, by notification through diplomatic channels.
2. Either Party may terminate this Agreement at any time by notification through diplomatic channels. Termination shall take effect six (6) months from the date of receipt of such notification.
3. The Parties shall consult prior to any possible suspension or termination in a manner which allows a sufficient time for reaching a mutually agreeable resolution.
4. Notwithstanding any suspension or termination of this Agreement, all data obtained by the U.S. Treasury Department under the terms of this Agreement shall continue to be processed in accordance with the safeguards of this Agreement, including the provisions on deletion of data.
Article 22
Territorial application
1. Subject to paragraphs 2 to 4, this Agreement shall apply to the territory in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and to the territory of the United States.
2. This Agreement will only apply to Denmark, the United Kingdom, or Ireland if the European Commission notifies the United States in writing that Denmark, the United Kingdom, or Ireland has chosen to be bound by this Agreement.
3. If the European Commission notifies the United States before the entry into force of this Agreement that it will apply to Denmark, the United Kingdom, or Ireland, this Agreement shall apply to the territory of such State on the same day as for the other EU Member States bound by this Agreement.
4. If the European Commission notifies the United States after the entry into force of this Agreement that it applies to Denmark, the United Kingdom, or Ireland, this Agreement shall apply to the territory of such State on the first day of the month following receipt of the notification by the United States.
Article 23
Final provisions
1. This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose.
2. Subject to Article 21, paragraph 2, this Agreement shall remain in force for a period of five (5) years from the date of its entry into force and shall automatically extend for subsequent periods of one (1) year unless one of the Parties notifies the other in writing through diplomatic channels, at least six (6) months in advance, of its intention not to extend this Agreement.
Done at Brussels, on 28 June 2010, in two originals, in the English language. This Agreement shall also be drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages. Upon approval by both Parties, these language versions shall be considered equally authentic.
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā
Europos Sajungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Peuntu Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Съединените американски щати
Por los Estados Unidos de América
Za Spojené státy americké
For Amerikas Forenede Stater
Für die Vereinigten Staaten von Amerika
Ameerika Ühendriikide nimel
Για τις Ηνωμένες Πολιτείες της Αμερικής
For the United States of America
Pour les États-Unis d’Amérique
Per gli Stati Uniti d’America
Amerikas Savienoto Valstu vārdā
Jungtinių Amerikos Valstijų vardu
az Amerikai Egyesült Államok részéről
Għall-Istati Uniti ta'l-Amerika
Voor de Verenigde Staten van Amerika
W imieniu Stanów Zjednoczonych Ameryki
Pelos Estados Unidos da América
Pentru Statele Unite ale Americii
Za Spojené štáty americké
Za Združene države Amerike
Amerikan yhdysvaltojen puolesta
För Amerikas förenta stater
ANNEX
Society for Worldwide Interbank Financial Telecommunication (SWIFT).
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/15 |
Information concerning the date of entry into force of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for purposes of the Terrorist Finance Tracking Program
The Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for purposes of the Terrorist Finance Tracking Program, signed in Brussels on 28 June 2010, enters into force on 1 August 2010, in accordance with Article 23(1) of the Agreement.
REGULATIONS
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27.7.2010 |
EN |
Official Journal of the European Union |
L 195/16 |
COUNCIL REGULATION (EU) No 667/2010
of 26 July 2010
concerning certain restrictive measures in respect of Eritrea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 215(1) and (2) thereof,
Having regard to Council Decision 2010/127/CFSP of 1 March 2010 concerning restrictive measures against Eritrea (1), adopted in accordance with Chapter 2 of Title V of the Treaty on European Union,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
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(1) |
On 1 March 2010, the Council adopted Decision 2010/127/CFSP concerning restrictive measures against Eritrea and implementing United Nations Security Council Resolution (UNSCR) 1907 (2009). On 26 July 2010, the Council adopted Decision 2010/414/CFSP amending Decision 2010/127/CFSP in order to introduce a procedure for the amendment and the review of the list of persons and entities designated by the United Nations Security Council (‘the Security Council’) or by the relevant United Nations Sanctions Committee (‘Sanctions Committee’). |
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(2) |
The restrictive measures against Eritrea include a prohibition on the provision of technical assistance, training, financial and other assistance relating to military activities, as well as a prohibition on the procurement or obtaining of such technical assistance, training, financial and other assistance from Eritrea. |
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(3) |
Decision 2010/127/CFSP also provides for the inspection of certain cargoes to and from Eritrea and, in the case of aircraft and vessels, for the supply of additional pre-arrival and pre-departure information in respect of goods brought into or out of the Union. This information should be provided in accordance with the provisions on entry and exit summary declarations of Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code (2). |
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(4) |
Furthermore, Decision 2010/127/CFSP provides for financial restrictive measures against persons and entities designated by the Security Council or by the competent Sanctions Committee, as well as prohibitions on the supply, sale or transfer of weapons and military equipment to those designated persons and entities and on the provision of related assistance and services. These restrictive measures should be imposed against individuals and entities, including but not limited to the Eritrean political and military leadership, governmental and parastatal entities and entities privately owned by Eritrean nationals living within or outside Eritrean territory, designated by the UN as violating the arms embargo established in UNSCR 1907 (2009), as providing support from Eritrea to armed opposition groups which aim to destabilise the region, as obstructing the implementation of UNSCR 1862 (2009) concerning Djibouti, as harbouring, financing, facilitating, supporting, organising, training or inciting individuals or groups to perpetrate acts of violence or terrorist acts against States other than Eritrea, or their citizens in the region, or as obstructing the investigations or work of the Monitoring Group established by the Security Council. |
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(5) |
These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, legislation at the level of the Union is necessary in order to implement them as far as the Union is concerned. |
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(6) |
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to protection of personal data. This Regulation should be applied in accordance with those rights and principles. |
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(7) |
This Regulation also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions. |
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(8) |
The power to amend the list in Annex I to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security in the region posed by the situation in Eritrea and in order to ensure consistency with the process for amending and reviewing the Annex to Decision 2010/127/CFSP. |
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(9) |
The procedure for amending the list in Annex I to this Regulation should include a requirement to communicate to the designated natural or legal persons, entities or bodies the grounds for listing as provided by the Sanctions Committee, so as to give them an opportunity to present observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly. |
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(10) |
For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with the Regulation, should be made public. Any processing of personal data of natural persons under this Regulation should respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4). |
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(11) |
Member States should determine the penalties applicable to infringements of the provisions of this Regulation. The penalties provided for should be proportionate, effective and dissuasive. |
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(12) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
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(a) |
‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance; |
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(b) |
‘funds’ means financial assets and benefits of every kind, including but not limited to:
|
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(c) |
‘freezing of funds’ means 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 change that would enable the funds to be used, including portfolio management; |
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(d) |
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services; |
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(e) |
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; |
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(f) |
‘Sanctions Committee’ means the Security Council Committee established pursuant to Security Council Resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea; |
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(g) |
‘territory of the Union’ means the territories to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in the Treaty, including their airspace. |
Article 2
1. It shall be prohibited:
|
(a) |
to provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and of related materiel of all types included in the Common Military List of the European Union (5) (‘EU Common Military List’), directly or indirectly, to any natural or legal person, entity or body in, or for use in, Eritrea; |
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(b) |
to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel of all types included in the EU Common Military List, or for the provision of related technical assistance and brokering services directly or indirectly to any natural or legal person, entity or body in, or for use in, Eritrea; |
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(c) |
to obtain, directly or indirectly, technical assistance related to military activities, and to the provision, manufacture, maintenance and use of arms and of related materiel of all types included in the EU Common Military List, from any natural or legal person, entity or body in Eritrea; |
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(d) |
to obtain, directly or indirectly, financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel of all types included in the EU Common Military List, or for the provision of related technical assistance and brokering services directly or indirectly, from any natural or legal person, entity or body in Eritrea; |
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(e) |
to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a), (b), (c) and (d). |
2. The prohibitions set out in paragraph 1(b) and (d) shall not give rise to liability of any kind on the part of the natural and legal persons, entities and bodies concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe these prohibitions.
Article 3
1. In order to ensure the strict implementation of Article 1 of Decision 2010/127/CFSP, all goods brought into or leaving the customs territory of the Union on cargo aircraft and merchant vessels to and from Eritrea shall be made subject to pre-arrival or pre-departure information to be submitted to the competent authorities of the Member States concerned.
2. The rules governing the obligation to provide pre-arrival or pre-departure information, in particular the time limits to be respected and data required, shall be as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations set out in Regulation (EEC) No 2913/92, and in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 (6).
3. Furthermore, the person who brings the goods, or who assumes responsibility for the carriage of the goods on cargo aircraft and merchant vessels to and from Eritrea, or their representatives, shall declare whether the goods are covered by the EU Common Military List.
4. Until 31 December 2010 the entry and exit summary declarations and the required additional elements referred to in this Article may be submitted in written form using commercial, port or transport documentation, provided that they contain the necessary particulars.
5. As from 1 January 2011, the required additional elements referred to in this Article shall be submitted either in written form or using the entry and exit summary declarations, as appropriate.
Article 4
1. All funds and economic resources belonging to, owned, held or controlled by natural or legal persons, entities or bodies listed in Annex I, shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
4. The prohibition set out in paragraph 2 shall not give rise to liability of any kind on the part of the natural and legal persons, entities and bodies concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe that prohibition.
5. Annex I shall include the natural and legal persons, entities and bodies designated by the Security Council or by the Sanctions Committee in conformity with paragraphs 15 and 18(b) of UNSCR 1907 (2009).
6. Annex I shall include the grounds for listing of listed persons, entities and bodies as provided by the Security Council or the Sanctions Committee.
7. Annex I shall include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural 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 legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.
Article 5
1. By way of derogation from Article 4, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, after having determined that the funds or economic resources are:
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(a) |
necessary to satisfy the basic needs of persons listed in Annex I, and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
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(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or |
|
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
provided that the Member State concerned has notified the Sanctions Committee of that determination and its intention to grant an authorisation, and in the absence of a negative decision by the Sanctions Committee within three working days of such notification.
2. By way of derogation from Article 4, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that such determination has been notified to the Sanctions Committee by the Member State concerned and that the determination has been approved by that Committee.
3. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2.
Article 6
By way of derogation from Article 4, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
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(a) |
the funds or economic resources are the subject of a judicial, administrative or arbitral lien established before the date on which the natural or legal person, entity or body referred to in Article 4 has been designated by the Sanctions Committee or the Security Council or of a judicial, administrative or arbitral judgement rendered prior to that date; |
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(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; |
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(c) |
the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; |
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(d) |
recognising the lien or judgment is not contrary to public policy in the Member State concerned; and |
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(e) |
the Sanctions Committee has been notified by the Member State of the lien or judgment. |
Article 7
1. Article 4(2) shall not apply to the addition to frozen accounts of:
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(a) |
interest or other earnings on those accounts; or |
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(b) |
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 4 has been designated by the Sanctions Committee or the Security Council; |
provided that any such interest, other earnings and payments continue to be subject to Article 4(1).
2. Article 4(2) shall not prevent financial or credit institutions in the Union from crediting frozen accounts where they receive funds transferred to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.
Article 8
1. It shall be prohibited:
|
(a) |
to provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and of related materiel of all types included in the EU Common Military List, directly or indirectly, to any natural or legal person, entity or body listed in Annex I; |
|
(b) |
to provide financing or financial assistance related to military activities, including, in particular, grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel of all types included in the EU Common Military List, or for the provision of related technical assistance and brokering services directly or indirectly to any natural or legal person, entity or body listed in Annex I. |
2. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the prohibition referred to in paragraph 1 shall be prohibited.
3. The prohibition set out in paragraph 1(b) shall not give rise to liability of any kind on the part of the natural and legal persons, entities and bodies concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe these prohibitions.
Article 9
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.
Article 10
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
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(a) |
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 4, to the competent authorities of the Member States, as listed in Annex II, where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; |
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(b) |
cooperate with the competent authorities, as indicated in the websites listed in Annex II, in any verification of this information. |
2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 11
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 12
1. Where the Security Council or the Sanctions Committee lists a natural or legal person, entity or body, the Council shall include such natural or legal person, entity or body in Annex I. The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body an opportunity to present observations.
2. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.
3. Where the United Nations decides to delist a natural or legal person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex I accordingly.
Article 13
The Commission shall be empowered to amend Annex II on the basis of information supplied to it by Member States.
Article 14
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2. Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 15
1. Member States shall designate the competent authorities referred to in this Regulation and identify them in the websites listed in Annex II. Member States shall notify the Commission of any changes to the addresses of their websites listed in Annex II before such changes take effect.
2. Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify the Commission without delay of any subsequent amendment.
3. Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.
Article 16
This Regulation shall apply:
|
(a) |
within the territory of the Union, including its airspace; |
|
(b) |
on board any aircraft or any vessel under the jurisdiction of a Member State; |
|
(c) |
to any person inside or outside the territory of the Union who is a national of a Member State; |
|
(d) |
to any legal person, entity or body which is incorporated or constituted under the law of a Member State; |
|
(e) |
to any legal person, entity or body in respect of any business done in whole or in part within the Union. |
Article 17
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2010.
For the Council
The President
C. ASHTON
(1) OJ L 51, 2.3.2010, p. 19. Decision as amended by Decision 2010/414/CFSP (see page 74 of this Official Journal).
(2) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 281, 23.11.1995, p. 31.
ANNEX I
Natural and legal persons, entities or bodies referred to in Articles 4, 5, 6, 7, 8 and 12
ANNEX II
Websites for information on the competent authorities referred to in Articles 5(2), 6, 7 and 10 and address for notifications to the European Commission
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BELGIUM http://www.diplomatie.be/eusanctions |
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BULGARIA http://www.mfa.government.bg |
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CZECH REPUBLIC http://www.mfcr.cz/mezinarodnisankce |
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DENMARK http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/ |
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GERMANY http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html |
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ESTONIA http://www.vm.ee/est/kat_622/ |
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IRELAND http://www.dfa.ie/home/index.aspx?id=28519 |
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GREECE http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/ |
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SPAIN http://www.maec.es/es/MenuPpal/Asuntos/SancionesInternacionales/Paginas |
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FRANCE http://www.diplomatie.gouv.fr/autorites-sanctions/ |
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ITALY http://www.esteri.it/UE/deroghe.html |
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CYPRUS http://www.mfa.gov.cy/sanctions |
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LATVIA http://www.mfa.gov.lv/en/security/4539 |
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LITHUANIA http://www.urm.lt/sanctions |
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LUXEMBOURG http://www.mae.lu/sanctions |
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HUNGARY http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/felelos_illetekes_hatosagok.htm |
|
|
MALTA http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp |
|
|
NETHERLANDS http://www.minbuza.nl/nl/Onderwerpen/Internationale_rechtsorde/Internationale_Sancties/Bevoegde_instanties_algemeen |
|
|
AUSTRIA http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= |
|
|
POLAND http://www.msz.gov.pl |
|
|
PORTUGAL http://www.mne.gov.pt/mne/pt/AutMedidasRestritivas.htm |
|
|
ROMANIA http://www.mae.ro/index.php?unde=doc&id=12391&idlnk=1&cat=3 |
|
|
SLOVENIA http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/ |
|
|
SLOVAKIA http://www.foreign.gov.sk |
|
|
FINLAND http://formin.finland.fi/kvyhteistyo/pakotteet |
|
|
SWEDEN http://www.ud.se/sanktioner |
|
|
UNITED KINGDOM http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/business-services/export-controls-sanctions/ |
Address for notifications to the European Commission:
|
European Commission |
|
DG External Relations |
|
Directorate A. Crisis Platform and Policy Coordination in CFSP |
|
Unit A.2. Crisis Management and Conflict Prevention |
|
CHAR 12/106 |
|
B-1049 Bruxelles/Brussel (Belgium) |
|
E-mail: relex-sanctions@ec.europa.eu |
|
Tel. (32 2) 295 55 85 |
|
Fax (32 2) 299 08 73 |
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/25 |
COUNCIL IMPLEMENTING REGULATION (EU) No 668/2010
of 26 July 2010
implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 291(2) thereof,
Having regard to Council Regulation (EC) No 423/2007 of 19 April 2007 (1), and in particular Article 15(2) thereof,
Whereas:
|
(1) |
On 19 April 2007, the Council adopted Regulation (EC) No 423/2007. Article 15(2) of that Regulation provides that the Council shall establish, review and amend the list of persons, entities and bodies referred to in Article 7(2) of that Regulation. |
|
(2) |
The Council has determined that certain additional persons, entities and bodies fulfil the conditions laid down in Article 7(2) of Regulation (EC) No 423/2007 and that they should therefore be listed in Annex V of that Regulation for the individual and specific reasons given. |
|
(3) |
The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (IRISL) does not require the impounding or detention of vessels owned by such entities or the cargoes carried by them insofar as such cargoes belong to third parties, nor does it require the detention of the crew contracted by them, |
HAS ADOPTED THIS REGULATION:
Article 1
The persons, entities and bodies mentioned in the Annex to this Regulation shall be added to the list set out in Annex V of Regulation (EC) No 423/2007.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2010.
For the Council
The President
C. ASHTON
ANNEX
List of persons, entities and bodies referred to in Article 1
|
‘I. |
Persons, entities and bodies involved in nuclear or ballistic missiles activities A. Natural persons
B. Legal persons, entities and bodies
|
|
II. |
Islamic Revolutionary Guard Corps (IRGC) A. Natural persons
B. Legal persons, entities and bodies
|
|
III. |
Islamic Republic of Iran Shipping Lines (IRISL)
|
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/37 |
COMMISSION REGULATION (EU) No 669/2010
of 26 July 2010
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 27 July 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2010.
For the Commission, On behalf of the President,
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
MK |
42,6 |
|
TR |
105,8 |
|
|
ZZ |
74,2 |
|
|
0707 00 05 |
TR |
105,8 |
|
ZZ |
105,8 |
|
|
0709 90 70 |
TR |
88,1 |
|
ZZ |
88,1 |
|
|
0805 50 10 |
AR |
106,8 |
|
UY |
62,5 |
|
|
ZA |
103,3 |
|
|
ZZ |
90,9 |
|
|
0806 10 10 |
AR |
137,6 |
|
CL |
79,4 |
|
|
EG |
150,4 |
|
|
IL |
126,4 |
|
|
MA |
161,4 |
|
|
TR |
151,0 |
|
|
ZA |
130,8 |
|
|
ZZ |
133,9 |
|
|
0808 10 80 |
AR |
153,8 |
|
BR |
79,1 |
|
|
CA |
98,9 |
|
|
CL |
94,9 |
|
|
CN |
82,0 |
|
|
MA |
54,2 |
|
|
NZ |
117,8 |
|
|
US |
162,9 |
|
|
UY |
111,6 |
|
|
ZA |
101,0 |
|
|
ZZ |
105,6 |
|
|
0808 20 50 |
AR |
68,3 |
|
CL |
136,4 |
|
|
NZ |
130,0 |
|
|
ZA |
107,3 |
|
|
ZZ |
110,5 |
|
|
0809 10 00 |
TR |
189,3 |
|
ZZ |
189,3 |
|
|
0809 20 95 |
TR |
224,4 |
|
US |
520,8 |
|
|
ZZ |
372,6 |
|
|
0809 30 |
AR |
75,9 |
|
TR |
156,7 |
|
|
ZZ |
116,3 |
|
|
0809 40 05 |
BA |
87,0 |
|
TR |
126,3 |
|
|
XS |
91,2 |
|
|
ZZ |
101,5 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
DECISIONS
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/39 |
COUNCIL DECISION
of 26 July 2010
concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
|
(1) |
On 27 February 2007, the Council of the European Union adopted Common Position 2007/140/CFSP concerning restrictive measures against Iran (1) which implemented United Nations Security Council Resolution (UNSCR) 1737 (2006). |
|
(2) |
On 23 April 2007, the Council adopted Common Position 2007/246/CFSP (2) which implemented UNSCR 1747 (2007). |
|
(3) |
On 7 August 2008, the Council adopted Common Position 2008/652/CFSP (3) which implemented UNSCR 1803 (2008). |
|
(4) |
On 9 June 2010, the United Nations Security Council (‘the Security Council’) adopted UNSCR 1929 (2010) which widened the scope of the restrictive measures imposed by UNSCR 1737 (2006), UNSCR 1747 (2007), and UNSCR 1803 (2008) and introduced additional restrictive measures against Iran. |
|
(5) |
On 17 June 2010, the European Council underlined its deepening concern about Iran's nuclear programme and welcomed the adoption of UNSCR 1929 (2010). Recalling its Declaration of 11 December 2009, the European Council invited the Council to adopt measures implementing those contained in UNSCR 1929 (2010) as well as accompanying measures, with a view to supporting the resolution of all outstanding concerns regarding Iran's development of sensitive technologies in support of its nuclear and missile programmes, through negotiation. These should focus on the areas of trade, the financial sector, the Iranian transport sector, key sectors in the oil and gas industry and additional designations in particular for the Islamic Revolutionary Guards Corps (IRGC). |
|
(6) |
UNSCR 1929 (2010) prohibits investment by Iran, its nationals and entities incorporated in Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them in any commercial activity involving uranium mining, production or use of nuclear materials and technology. |
|
(7) |
UNSCR 1929 (2010) extends the financial and travel restrictions imposed by UNSCR 1737 (2006) to additional persons and entities, including IRGC individuals and entities as well as entities of the Islamic Republic of Iran Shipping Lines (IRISL). |
|
(8) |
In accordance with the European Council Declaration, the restrictions on admission and the freezing of funds and economic resources should be applied to further persons and entities, in addition to those designated by the Security Council or the Committee established pursuant to paragraph 18 of UNSCR 1737 (2006) (‘the Committee’), using the same criteria as those applied by the Security Council or the Committee. |
|
(9) |
In accordance with the European Council Declaration, it is appropriate to prohibit the supply, sale or transfer to Iran of further items, materials, equipment, goods and technology, in addition to those determined by the Security Council or the Committee, that could contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to other topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding, or to other weapons of mass destruction programmes. This prohibition should include dual-use goods and technology. |
|
(10) |
In accordance with the European Council Declaration, Member States should exercise restraint in entering into new short term commitments for public and private provided financial support for trade with Iran with a view to reducing outstanding amounts, in particular to avoid any financial support contributing to proliferation-sensitive nuclear activities, or to the development of nuclear weapon delivery systems, and should prohibit any medium and long-term commitment for public and private provided financial support for trade with Iran. |
|
(11) |
UNSCR 1929 (2010) calls upon all States to inspect, in accordance with their national authorities and legislation, and consistent with international law, all cargoes to and from Iran, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010). |
|
(12) |
UNSCR 1929 (2010) also notes that Member States, consistent with international law, in particular the law of the sea, may request inspections of vessels on the high seas with the consent of the flag State, if they have information that provides reasonable grounds to believe that the vessels carry items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010). |
|
(13) |
UNSCR 1929 (2010) also provides that UN Member States are to seize and dispose of items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010) in a manner that is not inconsistent with their obligations under the applicable Security Council Resolutions and international conventions. |
|
(14) |
UNSCR 1929 (2010) further provides that UN Member States are to prohibit the provision by their nationals or from their territory of bunkering services, or other servicing of vessels, to Iran vessels if they have information that provides reasonable grounds to believe they are carrying items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010). |
|
(15) |
In accordance with the European Council Declaration, Member States, in accordance with their national legal authorities and legislation and consistent with international law, in particular relevant international civil aviation agreements, should take the necessary measures to prevent the access to the airports under their jurisdiction of all cargo flights from Iran with the exception of mixed passengers and cargo flights. |
|
(16) |
Moreover, the provision by nationals of Member States or from the territory of Member States of engineering and maintenance services to Iranian cargo aircrafts should be prohibited if the State concerned has information that provides reasonable grounds to believe that they are carrying items the supply, sale, transfer or export of which is prohibited under UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010). |
|
(17) |
UNSCR 1929 (2010) also calls upon all UN Member States to prevent the provision of financial services, including insurance and re-insurance, or the transfer to, through, or from their territory, or to or by their nationals or entities organised under their laws, or persons of financial institutions in their territory, of any financial or other assets or resources that could contribute to Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems. |
|
(18) |
In accordance with the European Council Declaration, Member States should prohibit the provision of insurance and re-insurance to the Government of Iran, to entities incorporated in Iran or subject to Iran's jurisdiction or to individuals and entities acting on their behalf or at their direction, or to entities owned and controlled by them, including through illicit means. |
|
(19) |
Moreover, the sale or purchase of, or brokering or assistance in the issuance of public or public-guaranteed bonds to and from the Government of Iran, the Central Bank of Iran or Iranian banks, including branches and subsidiaries, and financial entities controlled by persons and entities domiciled in Iran should be prohibited. |
|
(20) |
In accordance with the European Council Declaration and in order to fulfil the objectives of UNSCR 1929 (2010), the opening of new branches, subsidiaries, or representative offices of Iranian banks in the territory of Member States, and the establishment of new joint ventures, or the taking of an ownership interest by Iranian banks in banks within the jurisdiction of Member States, should be prohibited. Furthermore, Member States should take the appropriate measures to prohibit financial institutions within their territories or under their jurisdiction from opening representatives offices or subsidiaries or banking accounts in Iran. |
|
(21) |
UNSCR 1929 (2010) also provides for States to require their nationals, persons subject to their jurisdiction or firms incorporated in their territories or subject to their jurisdiction to exercise vigilance when doing business with entities incorporated in Iran or subject to Iran's jurisdiction, if they have reasonable grounds to believe that such business could contribute to Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery system or to violations of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010). |
|
(22) |
UNSCR 1929 (2010) notes the potential connection between Iran's revenues derived from its energy sector and the funding of Iran's proliferation-sensitive nuclear activities and further notes that chemical process equipment and materials required for the petrochemical industry have much in common with those required for certain sensitive nuclear fuel cycle activities. |
|
(23) |
In accordance with the European Council Declaration, Member States should prohibit the sale, supply or transfer to Iran of key equipment and technology as well as related technical and financial assistance, which could be used in key sectors in the oil and natural gas industries. Moreover, Member States should prohibit any new investment in these sectors in Iran. |
|
(24) |
The procedure for amending Annexes I and II to this Decision should include providing to designated persons and entities the grounds for listing so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly. |
|
(25) |
This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles. |
|
(26) |
This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions. |
|
(27) |
Further action by the Union is needed in order to implement certain measures, |
HAS ADOPTED THIS DECISION:
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, as well as equipment which might be used for internal repression. 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 (4) and not covered by point (a) except for category 5 - Part 1 and category 5 - Part 2 in Annex I to Council Regulation (EC) No 428/2009. |
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 subparagraphs 3(b)(i) and (ii) of UNSCR 1737 (2006) for light water reactors begun before December 2006.
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 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.
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 7
1. The prohibition in Article 4(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts concluded before the date of adoption of this Decision.
2. The prohibitions in Article 4 shall be without prejudice to the execution of an obligation arising from contracts concluded before the date of adoption of this Decision and relating to investments made in Iran before the same date by enterprises established in Member States.
3. 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 the date of adoption of this Decision; |
|
(ii) |
shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before the date of adoption of this Decision. |
RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE
Article 8
1. Member States shall exercise restraint in entering into new short term commitments for public and private provided financial support for trade with Iran, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, with a view to reducing their outstanding amounts, in particular to avoid any financial support contributing to proliferation-sensitive nuclear activities, or to the development of nuclear weapon delivery systems. In addition, Member States shall not enter into new medium and long-term commitments for public and private provided financial support for trade with Iran.
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.
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 provision of financial services, or the transfer to, through, or from the territories of Member States, or to or by nationals of Member States or 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 nuclear weapon delivery systems, Member States shall exercise enhanced monitoring over all the activities of financial institutions within their jurisdiction with:
|
(a) |
banks domiciled in Iran, in particular 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 are controlled by persons and entities domiciled in Iran. |
2. For the purposes of paragraph 1, 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 Financial Intelligence Unit (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. |
3. Transfers of funds to and from Iran shall be processed as follows:
|
(a) |
transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for 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 10 000 euros; |
|
(b) |
any other transfer below 40 000 euros shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above 10 000 euros; |
|
(c) |
any other transfer above 40 000 euros 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. |
4. 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 after carrying out or receiving the respective transfer of funds.
Subject to information-sharing arrangements, notified competent authorities shall without delay transmit this data, 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 prohibited under 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 prohibited under 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 paragraphs 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 prohibited under this Decision in accordance with paragraph 16 of UNSCR 1929 (2010). 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 -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 prohibited under 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 prohibited under 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).
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 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 this Decision as well as other senior members of the IRGC, as listed in Annex II. |
2. The prohibition in paragraph 1 shall not apply to the transit through the territories of Member States for the purposes of activities directly related to the items specified in subparagraphs 3(b)(i) and (ii) of UNSCR 1737 (2006) for light water reactors begun before December 2006.
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) |
the necessity to meet the objectives of UNSCR 1737 (2006) and UNSCR 1929 (2010), 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 or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
10. Member States shall notify the Committee of the entry into, or transit through, their territories of the persons set out in Annex I, if an exemption has been granted.
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 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 this Decision as well as other senior members and entities of IRGC and IRISL and entities owned or controlled by them or acting on their behalf, as listed in Annex II. |
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 Committee of the intention to authorise, where appropriate, access to such funds and economic resources and in the absence of a negative decision by the Committee 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 Committee; |
|
(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, after notification by the Member State concerned to the Committee; |
|
(c) |
necessary for activities directly related to the items specified in subparagraphs 3(b)(i) and (ii) of UNSCR 1737 (2006) for light water reactors begun before December 2006. |
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 Article 1; |
|
(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 Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.
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 UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) or UNSCR 1929 (2010), 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 Annexes I or II, 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 Annex I on the basis of the determinations made by the Security Council or by the Committee.
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 Annex II and adopt modifications to it.
Article 24
1. Where the Security Council or the Committee lists a person or entity, the Council shall include such person or entity in Annex I.
2. Where the Council decides to subject a person or entity to the measures referred to in Articles 19(1)(b) and 20(1)(b), it shall amend Annex II 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 and II 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.
2. Annexes I and II shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Committee for Annex I. 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. Annex I shall also include the date of designation by the Security Council or by the Committee.
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 on banking relationships with Iranian banks in Articles 10 and 11 shall be reviewed within six months of the adoption of this Decision.
3. The measures referred to in Articles 19(1)(b) and 20(1)(b) 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 in Article 24, that the conditions for their application are no longer met.
Article 27
Common Position 2007/140/CFSP is hereby repealed.
Article 28
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 26 July 2010.
For the Council
The President
C. ASHTON
(1) OJ L 61, 28.2.2007, p. 49.
(2) OJ L 106, 24.4.2007, p. 67.
ANNEX I
List of persons referred to in Article 19(1)(a) and of persons and entities referred to in Article 20(1)(a)
A. Persons and entities involved in nuclear or ballistic missiles activities
Natural persons
|
(1) |
Fereidoun Abbasi-Davani. Other information: Senior Ministry of Defence and Armed Forces Logistics (MODAFL) scientist with links to the Institute of Applied Physics. Working closely with Mohsen Fakhrizadeh-Mahabadi.
Date of UN designation: 24.3.2007. |
|
(2) |
Dawood Agha-Jani. Function: Head of the PFEP - Natanz. Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(3) |
Ali Akbar Ahmadian. Title: Vice Admiral. Function: Chief of Iranian Revolutionary Guard Corps (IRGC) Joint Staff.
Date of UN designation: 24.3.2007. |
|
(4) |
Amir Moayyed Alai. Other information: involved in managing the assembly and engineering of centrifuges.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(5) |
Behman Asgarpour. Function: Operational Manager (Arak). Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(6) |
Mohammad Fedai Ashiani. Other information: involved in the production of ammonium uranyl carbonate and management of the Natanz enrichment complex.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(7) |
Abbas Rezaee Ashtiani. Other information: a senior official at the AEOI Office of Exploration and Mining Affairs.
Date of UN designation: 3.3.2008. |
|
(8) |
Bahmanyar Morteza Bahmanyar. Function: Head of Finance & Budget Dept, Aerospace Industries Organisation (AIO). Other information: Person involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(9) |
Haleh Bakhtiar. Other information: involved in the production of magnesium at a concentration of 99,9 %.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(10) |
Morteza Behzad. Other information: involved in making centrifuge components.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(11) |
Ahmad Vahid Dastjerdi. Function: Head of the Aerospace Industries Organisation (AIO). Other information: Person involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(12) |
Ahmad Derakhshandeh. Function: Chairman and Managing Director of Bank Sepah.
Date of UN designation: 24.3.2007. |
|
(13) |
Mohammad Eslami. Title: Dr. Other information: Head of Defence Industries Training and Research Institute.
Date of UN designation: 3.3.2008. |
|
(14) |
Reza-Gholi Esmaeli. Function: Head of Trade & International Affairs Dept, Aerospace Industries Organisation (AIO). Other information: Person involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(15) |
Mohsen Fakhrizadeh-Mahabadi. Other information: Senior MODAFL scientist and former head of the Physics Research Centre (PHRC).
Date of UN designation: 24.3.2007. |
|
(16) |
Mohammad Hejazi. Title: Brigadier General. Function: Commander of Bassij resistance force.
Date of UN designation: 24.3.2007. |
|
(17) |
Mohsen Hojati. Function: Head of Fajr Industrial Group.
Date of UN designation: 24.3.2007. |
|
(18) |
Seyyed Hussein Hosseini. Other information: AEOI official involved in the heavy water research reactor project at Arak.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(19) |
M. Javad Karimi Sabet. Other information: Head of Novin Energy Company, which is designated under resolution 1747 (2007).
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(20) |
Mehrdada Akhlaghi Ketabachi. Function: Head of Shahid Bagheri Industrial Group (SBIG).
Date of UN designation: 24.3.2007. |
|
(21) |
Ali Hajinia Leilabadi. Function: Director General of Mesbah Energy Company. Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(22) |
Naser Maleki. Function: Head of Shahid Hemmat Industrial Group (SHIG). Other information: Naser Maleki is also a MODAFL official overseeing work on the Shahab-3 ballistic missile programme. The Shahab-3 is Iran's long-range ballistic missile currently in service.
Date of UN designation: 24.3.2007. |
|
(23) |
Hamid-Reza Mohajerani. Other information: involved in production management at the Uranium Conversion Facility (UCF) at Esfahan.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(24) |
Jafar Mohammadi. Function: Technical Adviser to the Atomic Energy Organisation of Iran (AEOI) (in charge of managing the production of valves for centrifuges). Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(25) |
Ehsan Monajemi. Function: Construction Project Manager, Natanz. Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(26) |
Mohammad Reza Naqdi. Title: Brigadier General. Other information: former Deputy Chief of Armed Forces General Staff for Logistics and Industrial Research/Head of State Anti-Smuggling Headquarters, engaged in efforts to get round the sanctions imposed by UNSCR 1737 (2006) and 1747 (2007).
Date of UN designation: 3.3.2008. |
|
(27) |
Houshang Nobari. Other information: involved in the management of the Natanz enrichment complex.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(28) |
Mohammad Mehdi Nejad Nouri. Title: Lt Gen. Function: Rector of Malek Ashtar University of Defence Technology. Other information: The chemistry department of Ashtar University of Defence Technology is affiliated to MODALF and has conducted experiments on beryllium. Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(29) |
Mohammad Qannadi. Function: AEOI Vice President for Research & Development. Other information: Person involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(30) |
Amir Rahimi. Function: Head of Esfahan Nuclear Fuel Research and Production Center. Other information: Esfahan Nuclear Fuel Research and Production Center is part of the AEOI's Nuclear Fuel Production and Procurement Company, which is involved in enrichment-related activities.
Date of UN designation: 24.3.2007. |
|
(31) |
Javad Rahiqi: Function: Head of the Atomic Energy Organization of Iran (AEOI) Esfahan Nuclear Technology Center (additional information: DOB: 24 April 1954; POB: Marshad).
Date of UN designation: 9.6.2010 (EU: 24.4.2007). |
|
(32) |
Abbas Rashidi. Other information: involved in enrichment work at Natanz.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(33) |
Morteza Rezaie. Title: Brigadier General. Function: Deputy Commander of IRGC.
Date of UN designation: 24.3.2007. |
|
(34) |
Morteza Safari. Title: Rear Admiral. Function: Commander of IRGC Navy.
Date of UN designation: 24.3.2007. |
|
(35) |
Yahya Rahim Safavi. Title: Maj Gen. Function: Commander, IRGC (Pasdaran). Other information: Person involved in both Iran's nuclear and ballistic missile programmes.
Date of UN designation: 23.12.2006. |
|
(36) |
Seyed Jaber Safdari. Other information: Manager of the Natanz Enrichment Facilities.
Date of UN designation: 24.3.2007. |
|
(37) |
Hosein Salimi. Title: General. Function: Commander of the Air Force, IRGC (Pasdaran). Other information: Person involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(38) |
Qasem Soleimani. Title: Brigadier General. Function: Commander of Qods force.
Date of UN designation: 24.3.2007. |
|
(39) |
Ghasem Soleymani. Other information: Director of Uranium Mining Operations at the Saghand Uranium Mine.
Date of UN designation: 3.3.2008. |
|
(40) |
Mohammad Reza Zahedi. Title: Brigadier General. Function: Commander of IRGC Ground Forces.
Date of UN designation: 24.3.2007. |
|
(41) |
General Zolqadr. Function: Deputy Interior Minister for Security Affairs, IRGC officer.
Date of UN designation: 24.3.2007. |
Entities
|
(1) |
Abzar Boresh Kaveh Co. (alias BK Co.). Other information: involved in the production of centrifuge components.
Date of UN designation: 3.3.2008. |
|
(2) |
Amin Industrial Complex: Amin Industrial Complex sought temperature controllers which may be used in nuclear research and operational/production facilities. Amin Industrial Complex is owned or controlled by, or acts on behalf of, the Defense Industries Organization (DIO), which was designated in resolution 1737 (2006).
Location: P.O. Box 91735-549, Mashad, Iran; Amin Industrial Estate, Khalage Rd., Seyedi District, Mashad, Iran; Kaveh Complex, Khalaj Rd., Seyedi St., Mashad, Iran A.K.A.: Amin Industrial Compound and Amin Industrial Company. Date of UN designation: 9.6.2010. |
|
(3) |
Ammunition and Metallurgy Industries Group (alias (a) AMIG, (b) Ammunition Industries Group). Other information: (a) AMIG controls 7th of Tir, (b) AMIG is owned and controlled by the Defence Industries Organisation (DIO).
Date of UN designation: 24.3.2007. |
|
(4) |
Armament Industries Group: Armament Industries Group (AIG) manufacturers and services a variety of small arms and light weapons, including large- and medium-calibre guns and related technology. AIG conducts the majority of its procurement activity through Hadid Industries Complex.
Location: Sepah Islam Road, Karaj Special Road Km 10, Iran; Pasdaran Ave., P.O. Box 19585/777, Tehran, Iran. Date of EU designation: 24.4.2007 (UN: 9.6.2010). |
|
(5) |
Atomic Energy Organisation of Iran (AEOI). Other information: Involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(6) |
Bank Sepah and Bank Sepah International. Other information: Bank Sepah provides support for the Aerospace Industries Organisation (AIO) and subordinates, including Shahid Hemmat Industrial Group (SHIG) and Shahid Bagheri Industrial Group (SBIG).
Date of UN designation: 24.3.2007. |
|
(7) |
Barzagani Tejarat Tavanmad Saccal companies. Other information: (a) subsidiary of Saccal System companies, (b) this company tried to purchase sensitive goods for an entity listed in resolution 1737 (2006).
Date of UN designation: 3.3.2008. |
|
(8) |
Cruise Missile Industry Group (alias Naval Defence Missile Industry Group).
Date of UN designation: 24.3.2007. |
|
(9) |
Defence Industries Organisation (DIO). Other information: (a) Overarching MODAFL-controlled entity, some of whose subordinates have been involved in the centrifuge programme making components, and in the missile programme, (b) Involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(10) |
Defense Technology and Science Research Center: Defense Technology and Science Research Center (DTSRC) is owned or controlled by, or acts on behalf of, Iran's Ministry of Defense and Armed Forces Logistics (MODAFL), which oversees Iran's defence R&D, production, maintenance, exports, and procurement.
Location: Pasdaran Ave, PO Box 19585/777, Tehran, Iran. Date of EU designation: 24.4.2007 (UN: 9.6.2010). |
|
(11) |
Doostan International Company: Doostan International Company (DICO) supplies elements to Iran's ballistic missile program.
Date of UN designation: 9.6.2010. |
|
(12) |
Electro Sanam Company (alias (a) E. S. Co., (b) E. X. Co.). Other information: AIO front-company, involved in the ballistic missile programme.
Date of UN designation: 3.3.2008. |
|
(13) |
Esfahan Nuclear Fuel Research and Production Centre (NFRPC) and Esfahan Nuclear Technology Centre (ENTC). Other information: They are parts of the Atomic Energy Organisation of Iran's (AEOI) Nuclear Fuel Production and Procurement Company.
Date of UN designation: 24.3.2007. |
|
(14) |
Ettehad Technical Group. Other information: AIO front-company, involved in the ballistic missile programme.
Date of UN designation: 3.3.2008. |
|
(15) |
Fajr Industrial Group. Other information: (a) Formerly Instrumentation Factory Plant, (b) Subordinate entity of AIO, (c) Involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(16) |
Farasakht Industries: Farasakht Industries is owned or controlled by, or act on behalf of, the Iran Aircraft Manufacturing Company, which in turn is owned or controlled by MODAFL.
Location: P.O. Box 83145-311, Kilometer 28, Esfahan-Tehran Freeway, Shahin Shahr, Esfahan, Iran. Date of UN designation: 9.6.2010. |
|
(17) |
Farayand Technique. Other information: (a) Involved in Iran's nuclear programme (centrifuge programme), (b) Identified in IAEA reports.
Date of UN designation: 23.12.2006. |
|
(18) |
First East Export Bank, P.L.C.: First East Export Bank, PLC is owned or controlled by, or acts on behalf of, Bank Mellat. Over the last seven years, Bank Mellat has facilitated hundreds of millions of dollars in transactions for Iranian nuclear, missile, and defense entities.
Location: Unit Level 10 (B1), Main Office Tower, Financial Park Labuan, Jalan Merdeka, 87000 WP Labuan, Malaysia; Business Registration Number LL06889 (Malaysia). Date of UN designation: 9.6.2010. |
|
(19) |
Industrial Factories of Precision (IFP) Machinery (alias Instrumentation Factories Plant). Other information: used by AIO for some acquisition attempts.
Date of UN designation: 3.3.2008. |
|
(20) |
Jabber Ibn Hayan. Other information: AEOI laboratory involved in fuel-cycle activities.
Date of UN designation: 3.3.2008 (EU: 24.4.2007). |
|
(21) |
Joza Industrial Co. Other information: AIO front-company, involved in the ballistic missile programme.
Date of UN designation: 3.3.2008. |
|
(22) |
Kala-Electric (alias Kalaye Electric). Other information: (a) Provider for PFEP - Natanz, (b) Involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(23) |
Karaj Nuclear Research Centre. Other information: Part of AEOI's research division.
Date of UN designation: 24.3.2007. |
|
(24) |
Kaveh Cutting Tools Company: Kaveh Cutting Tools Company is owned or controlled by, or acts on behalf of, the DIO.
Location: 3rd Km of Khalaj Road, Seyyedi Street, Mashad 91638, Iran; Km 4 of Khalaj Road, End of Seyedi Street, Mashad, Iran; P.O. Box 91735-549, Mashad, Iran; Khalaj Rd., End of Seyyedi Alley, Mashad, Iran; Moqan St., Pasdaran St., Pasdaran Cross Rd., Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(25) |
Kavoshyar Company. Other information: Subsidiary company of AEOI.
Date of UN designation: 24.3.2007. |
|
(26) |
Khorasan Metallurgy Industries. Other information: (a) subsidiary of the Ammunition Industries Group (AMIG) which depends on DIO, (b) involved in the production of centrifuge components.
Date of UN designation: 3.3.2008. |
|
(27) |
M. Babaie Industries: M. Babaie Industries is subordinate to Shahid Ahmad Kazemi Industries Group (formally the Air Defense Missile Industries Group) of Iran's Aerospace Industries Organization (AIO). AIO controls the missile organizations Shahid Hemmat Industrial Group (SHIG) and the Shahid Bakeri Industrial Group (SBIG), both of which were designated in resolution 1737 (2006).
Location: P.O. Box 16535-76, Tehran, 16548, Iran. Date of UN designation: 9.6.2010. |
|
(28) |
Malek Ashtar University: A subordinate of the DTRSC within MODAFL. This includes research groups previously falling under the Physics Research Center (PHRC). IAEA inspectors have not been allowed to interview staff or see documents under the control of this organization to resolve the outstanding issue of the possible military dimension to Iran's nuclear program.
Location: Corner of Imam Ali Highway and Babaei Highway, Tehran, Iran. Date of EU designation: 24.6.2008 (UN: 9.6.2010). |
|
(29) |
Mesbah Energy Company. Other information: (a) Provider for A40 research reactor - Arak, (b) Involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(30) |
Ministry of Defense Logistics Export: Ministry of Defense Logistics Export (MODLEX) sells Iranian-produced arms to customers around the world in contravention of resolution 1747 (2007), which prohibits Iran from selling arms or related materiel.
Location: PO Box 16315-189, Tehran, Iran; located on the west side of Dabestan Street, Abbas Abad District, Tehran, Iran. Date of EU designation: 24.6.2008 (UN: 9.6.2010). |
|
(31) |
Mizan Machinery Manufacturing: Mizan Machinery Manufacturing (3M) is owned or controlled by, or acts on behalf of, SHIG.
Location: P.O. Box 16595-365, Tehran, Iran A.K.A.: 3MG Date of EU designation: 24.6.2008 (UN: 9.6.2010). |
|
(32) |
Modern Industries Technique Company: Modern Industries Technique Company (MITEC) is responsible for design and construction of the IR-40 heavy water reactor in Arak. MITEC has spearheaded procurement for the construction of the IR-40 heavy water reactor.
Location: Arak, Iran A.K.A.: Rahkar Company, Rahkar Industries, Rahkar Sanaye Company, Rahkar Sanaye Novin Date of UN designation: 9.6.2010. |
|
(33) |
Nuclear Research Center for Agriculture and Medicine: The Nuclear Research Center for Agriculture and Medicine (NFRPC) is a large research component of the Atomic Energy Organization of Iran (AEOI), which was designated in resolution 1737 (2006). The NFRPC is AEOI's center for the development of nuclear fuel and is involved in enrichment-related activities.
Location: P.O. Box 31585-4395, Karaj, Iran A.K.A.: Center for Agricultural Research and Nuclear Medicine; Karaji Agricultural and Medical Research Center Date of UN designation: 9.6.2010. |
|
(34) |
Niru Battery Manufacturing Company. Other information: (a) subsidiary of the DIO, (b) its role is to manufacture power units for the Iranian military including missile systems.
Date of UN designation: 3.3.2008. |
|
(35) |
Novin Energy Company (alias Pars Novin). Other information: It operates within AEOI.
Date of UN designation: 24.3.2007. |
|
(36) |
Parchin Chemical Industries. Other information: Branch of DIO.
Date of UN designation: 24.3.2007. |
|
(37) |
Pars Aviation Services Company. Other information: maintains aircraft.
Date of UN designation: 24.3.2007. |
|
(38) |
Pars Trash Company. Other information: (a) Involved in Iran's nuclear programme (centrifuge programme), (b) Identified in IAEA reports.
Date of UN designation: 23.12.2006. |
|
(39) |
Pejman Industrial Services Corporation: Pejman Industrial Services Corporation is owned or controlled by, or acts on behalf of, SBIG.
Location: P.O. Box 16785-195, Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(40) |
Pishgam (Pioneer) Energy Industries. Other information: has participated in construction of the Uranium Conversion Facility at Esfahan.
Date of UN designation: 3.3.2008. |
|
(41) |
Qods Aeronautics Industries. Other information: It produces unmanned aerial vehicles (UAVs), parachutes, paragliders, paramotors, etc.
Date of UN designation: 24.3.2007. |
|
(42) |
Sabalan Company: Sabalan is a cover name for SHIG.
Location: Damavand Tehran Highway, Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(43) |
Sanam Industrial Group. Other information: subordinate to AIO.
Date of UN designation: 24.3.2007. |
|
(44) |
Safety Equipment Procurement (SEP). Other information: AIO front-company, involved in the ballistic missile programme.
Date of UN designation: 3.3.2008. |
|
(45) |
7th of Tir. Other information: (a) Subordinate of DIO, widely recognised as being directly involved in Iran's nuclear programme, (b) Involved in Iran's nuclear programme.
Date of UN designation: 23.12.2006. |
|
(46) |
Sahand Aluminum Parts Industrial Company (SAPICO): SAPICO is a cover name for SHIG.
Location: Damavand Tehran Highway, Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(47) |
Shahid Bagheri Industrial Group (SBIG). Other information: (a) Subordinate entity of AIO, (b) Involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(48) |
Shahid Hemmat Industrial Group (SHIG). Other information: (a) subordinate entity of AIO, (b) Involved in Iran's ballistic missile programme.
Date of UN designation: 23.12.2006. |
|
(49) |
Shahid Karrazi Industries: Shahid Karrazi Industries is owned or controlled by, or act on behalf of, SBIG.
Location: Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(50) |
Shahid Satarri Industries: Shahid Sattari Industries is owned or controlled by, or acts on behalf of, SBIG.
Location: Southeast Tehran, Iran A.K.A.: Shahid Sattari Group Equipment Industries. Date of UN designation: 9.6.2010. |
|
(51) |
Shahid Sayyade Shirazi Industries: Shahid Sayyade Shirazi Industries (SSSI) is owned or controlled by, or acts on behalf of, the DIO.
Location: Next To Nirou Battery Mfg. Co, Shahid Babaii Expressway, Nobonyad Square, Tehran, Iran; Pasdaran St., P.O. Box 16765, Tehran 1835, Iran; Babaei Highway — Next to Niru M.F.G, Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(52) |
Sho’a’ Aviation. Other information: It produces microlights.
Date of UN designation: 24.3.2007. |
|
(53) |
Special Industries Group: Special Industries Group (SIG) is a subordinate of DIO.
Location: Pasdaran Avenue, PO Box 19585/777, Tehran, Iran. Date of EU designation: 24.7.2007 (UN: 9.6.2010). |
|
(54) |
TAMAS Company. Other information: (a) involved in enrichment-related activities, (b) TAMAS is an overarching body, under which four subsidiaries have been established, including one for uranium extraction to concentration and another in charge of uranium processing, enrichment and waste.
Date of EU designation: 24.4.2007 (UN: 3.3.2008). |
|
(55) |
Tiz Pars: Tiz Pars is a cover name for SHIG. Between April and July 2007, Tiz Pars attempted to procure a five axis laser welding and cutting machine, which could make a material contribution to Iran's missile program, on behalf of SHIG.
Location: Damavand Tehran Highway, Tehran, Iran. Date of UN designation: 9.6.2010. |
|
(56) |
Ya Mahdi Industries Group. Other information: subordinate to AIO.
Date of UN designation: 24.3.2007. |
|
(57) |
Yazd Metallurgy Industries: Yazd Metallurgy Industries (YMI) is a subordinate of DIO.
Location: Pasdaran Avenue, Next To Telecommunication Industry, Tehran 16588, Iran; Postal Box 89195/878, Yazd, Iran; P.O. Box 89195-678, Yazd, Iran; Km 5 of Taft Road, Yazd, Iran. A.K.A.: Yazd Ammunition Manufacturing and Metallurgy Industries, Directorate of Yazd Ammunition and Metallurgy Industries Date of UN designation: 9.6.2010. |
B. Entities owned, controlled, or acting on behalf of the Islamic Revolutionary Guard Corps
|
(1) |
Fater (or Faater) Institute: Khatam al-Anbiya (KAA) subsidiary. Fater has worked with foreign suppliers, likely on behalf of other KAA companies on IRGC projects in Iran.
Date of UN designation: 9.6.2010. |
|
(2) |
Gharagahe Sazandegi Ghaem: Gharagahe Sazandegi Ghaem is owned or controlled by KAA
Date of UN designation: 9.6.2010. |
|
(3) |
Ghorb Karbala: Ghorb Karbala is owned or controlled by KAA.
Date of UN designation: 9.6.2010. |
|
(4) |
Ghorb Nooh: Ghorb Nooh is owned or controlled by KAA.
Date of UN designation: 9.6.2010. |
|
(5) |
Hara Company: Owned or controlled by Ghorb Nooh.
Date of UN designation: 9.6.2010. |
|
(6) |
Imensazan Consultant Engineers Institute: Owned or controlled by, or acts on behalf of, KAA.
Date of UN designation: 9.6.2010. |
|
(7) |
Khatam al-Anbiya Construction Headquarters: Khatam al-Anbiya Construction Headquarters (KAA) is an IRGC-owned company involved in large scale civil and military construction projects and other engineering activities. It undertakes a significant amount of work on Passive Defense Organization projects. In particular, KAA subsidiaries were heavily involved in the construction of the uranium enrichment site at Qom/Fordow.
Date of UN designation: 9.6.2010. |
|
(8) |
Makin: Makin is owned or controlled by or acting on behalf of KAA, and is a subsidiary of KAA.
Date of UN designation: 9.6.2010. |
|
(9) |
Omran Sahel: Owned or controlled by Ghorb Nooh.
Date of UN designation: 9.6.2010. |
|
(10) |
Oriental Oil Kish: Oriental Oil Kish is owned or controlled by or acting on behalf of KAA.
Date of UN designation: 9.6.2010. |
|
(11) |
Rah Sahel: Rah Sahel is owned or controlled by or acting on behalf of KAA.
Date of UN designation: 9.6.2010. |
|
(12) |
Rahab Engineering Institute: Rahab is owned or controlled by or acting on behalf of KAA, and is a subsidiary of KAA.
Date of UN designation: 9.6.2010. |
|
(13) |
Sahel Consultant Engineers: Owned or controlled by Ghorb Nooh.
Date of UN designation: 9.6.2010. |
|
(14) |
Sepanir: Sepanir is owned or controlled by or acting on behalf of KAA.
Date of UN designation: 9.6.2010. |
|
(15) |
Sepasad Engineering Company: Sepasad Engineering Company is owned or controlled by or acting on behalf of KAA.
Date of UN designation: 9.6.2010. |
C. Entities owned, controlled, or acting on behalf of the Islamic Republic of Iran Shipping Lines (IRISL)
|
(1) |
Irano Hind Shipping Company:
Location: 18 Mehrshad Street, Sadaghat Street, Opposite of Park Mellat, Vali-e-Asr Ave., Tehran, Iran; 265, Next to Mehrshad, Sedaghat St., Opposite of Mellat Park, Vali Asr Ave., Tehran 1A001, Iran Date of UN designation: 9.6.2010. |
|
(2) |
IRISL Benelux NV:
Location: Noorderlaan 139, B-2030, Antwerp, Belgium; V.A.T. Number BE480224531 (Belgium) Date of UN designation: 9.6.2010. |
|
(3) |
South Shipping Line Iran (SSL):
Location: Apt. No. 7, 3rd Floor, No. 2, 4th Alley, Gandi Ave., Tehran, Iran; Qaem Magham Farahani St., Tehran, Iran Date of UN designation: 9.6.2010. |
ANNEX II
List of persons referred to in Article 19(1)(b) and of persons and entities referred to in Article 20(1)(b)
|
I. |
Persons and entities involved in nuclear or ballistic missiles activities A. Persons
B. Entities
|
|
II. |
Islamic Revolutionary Guard Corps (IRGC) A. Persons
B. Entities
|
|
III. |
Islamic Republic of Iran Shipping Lines (IRISL)
|
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/74 |
COUNCIL DECISION 2010/414/CFSP
of 26 July 2010
amending Decision 2010/127/CFSP concerning restrictive measures against Eritrea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
|
(1) |
On 1 March 2010, the Council adopted Decision 2010/127/CFSP concerning restrictive measures against Eritrea (1) and implementing United Nations Security Council Resolution (UNSCR) 1907 (2009). |
|
(2) |
Decision 2010/127/CFSP provides for restrictions on the admission of, and financial restrictive measures against persons and entities designated by the United Nations Security Council or by the competent Sanctions Committee, as well as prohibitions on the supply, sale or transfer of weapons and military equipment to those designated persons and entities and on the provision of related assistance and services. |
|
(3) |
The procedure for amending the Annex to Decision 2010/127/CFSP should include a requirement to communicate to the designated persons and entities the grounds for listing as provided by the Sanctions Committee, so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly. |
|
(4) |
This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles. |
|
(5) |
This Decision also fully respects the obligations of Member States under the United Nations Charter and the legally binding nature of United Nations Security Council Resolutions. |
|
(6) |
Further action by the Union is needed in order to implement certain measures, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/127/CFSP is hereby amended as follows:
|
(1) |
Article 7 is replaced by the following: ‘Article 7 The Council shall establish the list contained in the Annex and amend it in accordance with determinations made by either the United Nations Security Council or the Sanctions Committee.’; |
|
(2) |
The following Articles are inserted: ‘Article 7a 1. Where the United Nations Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations. 2. 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 7b 1. The Annex shall include the grounds for listing of listed persons and entities as provided by the United Nations Security Council or the Sanctions Committee. 2. The Annex shall also include, where available, information provided by the United Nations Security Council or by the Sanctions Committee 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 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. The Annex shall also include the date of designation by the United Nations Security Council or by the Sanctions Committee.’. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 26 July 2010.
For the Council
The President
C. ASHTON
|
27.7.2010 |
EN |
Official Journal of the European Union |
L 195/76 |
COMMISSION DECISION
of 26 July 2010
on the allocation to Portugal of additional days at sea within ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz
(notified under document C(2010) 5011)
(Only the Portuguese text is authentic)
(2010/415/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (1), and in particular point 7 of Annex IIB thereto,
Whereas:
|
(1) |
Point 5.1 of Annex IIB to Regulation (EU) No 53/2010 specifies the maximum number of days on which Union vessels of an overall length equal to or greater than 10 metres carrying on board trawls, Danish seines and similar gears of mesh size equal to or lager than 32 mm and gill-nets of mesh size equal to or lager than 60 mm and bottom long-lines may be present within ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz from 1 February 2010 to 31 January 2011. |
|
(2) |
Point 7 of Annex IIB enables the Commission to allocate an additional number of days at sea on which a vessel may be present within the geographical area when carrying on board such fishing gears, on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004. |
|
(3) |
On 8 February, 23 February, 25 March and 22 April 2010 Portugal submitted data demonstrating that 28 fishing vessels have ceased activities since 1 January 2004. In view of the data submitted and having regard to the method of calculation laid down in point 7.1 of Annex IIB, 19 additional days at sea for vessels carrying on board the fishing gears specified in point 2(a) of the same Annex shall be allocated to Portugal for the period from 1 February 2010 to 31 January 2011. |
|
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
HAS ADOPTED THIS DECISION:
Article 1
1. The maximum number of days on which a fishing vessel flying the flag of Portugal and carrying on board fishing gear, mentioned in point 2(a) of Annex IIB to Regulation (EU) No 53/2010 and not subject to any of the special conditions listed in point 5.2 of that Annex may be present in ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz, as laid down in Table I of that Annex, shall be amended to 177 days per year.
2. The maximum number of days referred to in paragraph 1 shall be without prejudice to any future decision taken by the Commission on the basis of point 7.5 of Annex IIB to Regulation (EU) No 53/2010 concerning the reassessment of the additional number of days resulting from permanent cessations of activity previously allocated by the Commission.
Article 2
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 26 July 2010.
For the Commission
Maria DAMANAKI
Member of the Commission