理事会决定2012/35/CFSP,修订决定2010/413/CFSP,该决定关于针对伊朗而采取的限制性措施
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012D0035
OJ编号:OJ L 19, 24.1.2012, p. 22-30
中文标题:理事会决定2012/35/CFSP,修订决定2010/413/CFSP,该决定关于针对伊朗而采取的限制性措施
原文标题:Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
分类:18_共同的对外政策和防务政策
文件类型:二级立法 Decision|决定
生效日期:2012-01-23
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 19/22
EN
Official Journal of the European Union
24.1.2012
COUNCIL DECISION 2012/35/CFSP
of 23 January 2012
amending Decision 2010/413/CFSP concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
materials, equipment, goods and technology, that could
contribute to Iran's enrichment-related, reprocessing or
heavy water-related activities, to the development of
Having regard to the Treaty on European Union, and in
nuclear weapon delivery systems or to the pursuit of
particular Article 29 thereof,
activities related to other topics about which the IAEA
has expressed concerns or identified as outstanding, or to
other weapons of mass destruction programmes. This
Whereas:
prohibition should include dual-use goods and tech
nology.
(1) On
27
February
2007,
the
Council
adopted
Common
Position 2007/140/CFSP concerning restrictive measures
against Iran
( 1 ) which implemented United Nations
(8) Recalling
the
potential
connection
between
Iran's
Security Council Resolution (UNSCR) 1737 (2006).
revenues derived from its energy sector and the
funding of Iran's proliferation-sensitive nuclear activities
and that chemical process equipment and materials
(2) On
23
April
2007,
the
Council
adopted
Common
required for the petrochemical industry have much in
Position 2007/246/CFSP ( 2 ) which implemented UNSCR
common with those required for certain sensitive
1747 (2007).
nuclear fuel cycle activities, as underlined in UNSCR
1929 (2010), the sale, supply or transfer to Iran of
further key equipment and technology which could be
(3) On
7
August
2008,
the
Council
adopted
Common
used in key sectors in the oil and natural gas industry or,
Position 2008/652/CFSP ( 3 ) which implemented UNSCR
in the petrochemical industry, should be prohibited.
1803 (2008).
Moreover, Member States should prohibit any new
investment in the petrochemical sector in Iran.
(4) On
26
July
2010,
the
Council
adopted
Decision
2010/413/CFSP ( 4 ) which implemented UNSCR 1929
(2010).
(9) In
addition,
the
purchase,
import
or
transport
from
Iran
of crude oil and petroleum products, as well as of petro
chemical products, should be prohibited.
(5) On
1
December
2011,
the
Council
reiterated
its
serious
and deepening concerns over the nature of Iran's nuclear
programme, and in particular over the findings on
Iranian activities relating to the development of military
(10) Moreover,
the
sale,
purchase,
transportation
or
brokering
of gold, precious metals and diamonds to, from or for
nuclear technology, as reflected in the latest International
the Government of Iran should be prohibited.
Atomic Energy Agency (IAEA) report. In the light of
these concerns and in accordance with the European
Council Declaration of 23 October 2011, the Council
agreed to broaden existing sanctions by examining, in
(11) In
addition,
the
delivery
of
newly
printed
or
minted
or
close coordination with international partners, additional
unissued Iranian denominated banknotes and coinage to
measures including measures aimed at severely affecting
or for the benefit of the Central Bank of Iran should be
the Iranian financial system, in the transport sector, in
prohibited.
the energy sector, measures against the Iranian Revol
utionary Guard Corps (IRGC), as well as in other areas.
(12) Furthermore,
restrictive measures should be imposed
(6) On
9
December
2011,
the
European
Council
endorsed
against the Central Bank of Iran in view of its
the Council conclusions of 1 December 2011 and invited
involvement in activities to circumvent sanctions
the Council to proceed with its work relating to
imposed against Iran.
extending the scope of the Union's restrictive measures
against Iran as a matter of priority.
(13) The
restrictions
on
admission
and
the
freezing
of
funds
(7) In
this
context,
it
is
appropriate
to
prohibit
or
control
and economic resources should be applied to additional
the supply, sale or transfer to Iran of additional items,
persons and entities providing support to the
Government of Iran allowing it to pursue proliferation-
sensitive nuclear activities or the development of nuclear
( 1 ) OJ L 61, 28.2.2007, p. 49.
weapon delivery systems, in particular persons and
( 2 ) OJ L 106, 24.4.2007, p. 67.
( 3 ) OJ L 213, 8.8.2008, p. 58.
entities providing financial, logistical or material
( 4 ) OJ L 195, 27.7.2010, p. 39.
support to the Government of Iran.
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/23
(14) The
restrictions
on
admission
and
the
freezing
of
funds
insurance and reinsurance, related to the import, purchase,
applied to members of the IRGC should no longer be
or transport of Iranian petrochemical products
restricted to senior members but could apply to other
members of the IRGC.
Article 3c
(15) Moreover,
additional persons and entities should be
1. The
prohibitions
set
out
in
Article
3a
shall
be
included in the list of persons and entities subject to
without prejudice to the execution, until 1 July 2012, of
restrictive measures as set out in Annex II to Decision
contracts concluded before 23 January 2012 or ancillary
2010/413/CFSP.
contracts necessary for the execution of such contracts, to
be concluded and executed not later than 1 July 2012.
(16) Further action by the Union is needed in order to
implement certain measures,
2. The
prohibitions
set
out
in
Article
3a
shall
be
without prejudice to the execution of obligations
HAS ADOPTED THIS DECISION:
provided for in contracts concluded before 23 January
2012 or in ancillary contracts necessary for the
Article 1
execution of such obligations where the supply of
Iranian crude oil and petroleum products or the
Council Decision 2010/413/CFSP is hereby amended as follows:
proceeds derived from their supply are for the reim
bursement of outstanding amounts with respect to
(1) in Article 1(1), point (e) is replaced by the following:
contracts concluded before 23 January 2012 to persons
or entities within the territories of Member States or under
their jurisdiction, where those contracts specifically provide
"(e) other dual-use goods and technology listed in Annex I
for such reimbursements.
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
Article 3d
items (*) and not covered by point (a) except for
certain items in category 5 - Part 1 and category 5
1. The prohibitions set out in Article 3b shall be
- Part 2 in Annex I to that Regulation.
without prejudice to the execution, until 1 May 2012, of
contracts concluded before 23 January 2012 or in
___________
ancillary contracts necessary for the execution of such
contracts, to be concluded and executed not later than
(*) OJ L 134, 29.5.2009, p. 1.";
1 May 2012.
(2) the
following
Articles
are
inserted:
2. The prohibitions set out in Article 3b shall be
without prejudice to the execution of obligations
"
provided for in contracts concluded before 23 January
Article 3a
2012 or in ancillary contracts necessary for the
1. The
import,
purchase
or
transport
of
Iranian
crude
execution of such obligations where the supply of petro
oil and petroleum products shall be prohibited.
chemical products or the proceeds derived from the supply
of these products are for the reimbursement of
outstanding amounts with respect to contracts concluded
The Union shall take the necessary measures in order to
before 23 January 2012 to persons or entities within the
determine the relevant items to be covered by this
territories of Member States or under their jurisdiction,
provision.
where those contracts specifically provide for such reim
bursements.";
2. It
shall
be
prohibited
to
provide,
directly
or
indirectly, financing or financial assistance, including
financial derivatives, as well as insurance and reinsurance,
(3) the
following
Articles
are
inserted:
related to the import, purchase, or transport of Iranian
crude oil and petroleum products.
"Article 4a
Article 3b
1. The
sale,
supply
or
transfer
of
key
equipment
and
technology for the petrochemical industry in Iran, or to
1. The
import,
purchase
or
transport
of
Iranian
petro
Iranian or Iranian-owned enterprises engaged in that
chemical products shall be prohibited.
industry outside Iran, by nationals of Member States, or
from the territories of Member States, or using vessels or
The Union shall take the necessary measures in order to
aircraft under the jurisdiction of Member States shall be
determine the relevant items to be covered by this
prohibited whether or not originating in their territories.
provision.
The Union shall take the necessary measures in order to
2. It
shall
be
prohibited
to
provide,
directly
or
determine the relevant items to be covered by this
indirectly, financing or financial assistance, as well as
provision.
L 19/24
EN
Official Journal of the European Union
24.1.2012
2. It
shall
be
prohibited
to
provide
the
following
to
entities acting on their behalf or at their direction, or
enterprises in Iran that are engaged in the Iranian petro
entities owned or controlled by them shall be prohibited.
chemical industry or to Iranian, or Iranian-owned enter
prises engaged in that industry outside Iran:
The Union shall take the necessary measures in order to
determine the relevant items to be covered by this
provision.
(a) technical assistance or training and other services
related to key equipment and technology as
determined according to paragraph 1;
Article 4d
The delivery of newly printed or minted or unissued
(b) financing or financial assistance for any sale, supply,
Iranian denominated banknotes and coinage to or for
transfer or export of key equipment and technology as
the benefit of the Central Bank of Iran shall be
determined according to paragraph 1 or for the
prohibited.";
provision of related technical assistance or training.
(4) the following Article is inserted:
3. It
shall
be
prohibited
to
participate,
knowingly
or
intentionally, in activities the object or effect of which is
"Article 6a
to circumvent the prohibitions referred to in paragraphs 1
and 2.
The following shall be prohibited:
Article 4b
(a) the granting of any financial loan or credit to enter
prises in Iran that are engaged in the Iranian petro
1. The
prohibition
in
Article
4(1)
shall
be
without
chemical industry or to Iranian or Iranian-owned
prejudice to the execution of an obligation relating to
enterprises engaged in that industry outside Iran;
the delivery of goods provided for in contracts
concluded before 26 July 2010.
(b) the acquisition or extension of a participation in enter
prises in Iran that are engaged in the Iranian petro
chemical industry, or to Iranian or Iranian-owned
2. The
prohibitions
in
Article
4
shall
be
without
enterprises engaged in that industry outside Iran,
prejudice to the execution of an obligation arising from
including the acquisition in full of such enterprises
contracts concluded before 26 July 2010 and relating to
and the acquisition of shares and securities of a partici
investments made in Iran before the same date by enter
pating nature;
prises established in Member States.
(c) the creation of any joint venture with enterprises in
Iran that are engaged in the Iranian petrochemical
3. The
prohibition
in
Article
4a(1)
shall
be
without
industry and with any subsidiary or affiliate under
prejudice to the execution of an obligation relating to
their control.";
the delivery of goods provided for in contracts
concluded before 23 January 2012.
(5) Article 7 is replaced by the following:
4. The
prohibitions
in
Article
4a
shall
be
without
prejudice to the execution of an obligation arising from
"Article 7
contracts concluded before 23 January 2012 and relating
to investments made in Iran before the same date by
1. The
prohibitions
in
Article
6(a)
and
(b)
respectively:
enterprises established in Member States.
(i) shall be without prejudice to the execution of an obli
gation arising from contracts or agreements concluded
Article 4c
before 26 July 2010;
The direct or indirect sale, purchase, transportation or
brokering of gold and precious metals, as well as of
diamonds, to, from or for the Government of Iran, its
(ii) shall not prevent the extension of a participation, if
public bodies, corporations and agencies, the Central
such extension is an obligation under an agreement
Bank of Iran, as well as to, from or for persons and
concluded before 26 July 2010.
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/25
2. The
prohibitions
in
Article
6a(a)
and
(b)
respectively:
UNSCR 1737 (2006), UNSCR 1747 (2007),
UNSCR 1803 (2008) and UNSCR 1929
(2010) or this Decision as well as other
(i) shall be without prejudice to the execution of an obli
members and entities of IRGC and IRISL and
gation arising from contracts or agreements concluded
entities owned or controlled by them or acting
before 23 January 2012;
on their behalf, as listed in Annex II.";
(ii) shall not prevent the extension of a participation, if
such extension is an obligation under an agreement
(ii) the following point is added:
concluded before 23 January 2012.";
"
(6) Article
19(1)
is
amended
as
follows:
(c) other persons and entities not covered by
Annex I that provide support to the
Government of Iran, and persons and entities
(a) point (b) is replaced by the following:
associated with them, as listed in Annex II.";
"(b) other persons not covered by Annex I that are
(b) the following paragraph is inserted:
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
"4a. With
regard
to
persons
and
entities
listed
in
involvement in procurement of the prohibited
Annex II, exemptions may also be made for funds
items, goods, equipment, materials and tech
and economic resources which are to be paid into or
nology, or persons acting on their behalf or at
from an account of a diplomatic or consular mission
their direction, or persons that have assisted
or an international organisation enjoying immunities
designated persons or entities in evading or
in accordance with international law, in so far as such
violating the provisions of UNSCR 1737 (2006),
payments are intended to be used for official purposes
UNSCR 1747 (2007), UNSCR 1803 (2008) and
of the diplomatic or consular mission or international
UNSCR 1929 (2010) or this Decision as well as
organisation.";
other members of the IRGC, as listed in Annex
II.";
(c) the following paragraphs are added:
(b) the following point is added:
"
"7. Paragraphs 1 and 2 shall not apply to a transfer
(c) other persons not covered by Annex I that provide
by or through the Central Bank of Iran of funds or
support to the Government of Iran, and persons
economic resources received and frozen after the date
associated with them, as listed in Annex II.";
of its designation or to a transfer of funds or economic
resources to or through the Central Bank of Iran after
(7) Article
20
is
amended
as
follows:
the date of its designation where such transfer is
related to a payment by a non-designated financial
institution due in connection with a specific trade
(a) paragraph 1 is amended as follows:
contract, provided that the relevant Member State
has determined, on a case-by-case basis, that the
payment is not directly or indirectly received by a
(i) point (b) is replaced by the following:
person or entity referred to in paragraph 1.
"(b) persons and entities not covered by Annex I
8. Paragraph
1
shall
not
apply
to
a
transfer
by
or
that are engaged in, directly associated with,
through the Central Bank of Iran of frozen funds or
or providing support for, Iran's proliferation-
economic resources where such transfer is for the
sensitive nuclear activities or for the devel
purpose of providing financial institutions under the
opment of nuclear weapon delivery systems,
jurisdiction of Member States with liquidity for the
including through the involvement in
financing of trade, provided that the transfer has
procurement of the prohibited items, goods,
been authorised by the relevant Member State.;
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
9. Paragraph
2
shall
be
without
prejudice
to
means, or persons and entities that have
payments to the Central Bank of Iran in connection
assisted designated persons or entities in
with the execution of contracts in conformity with
evading or violating the provisions of
Articles 3a, 3b, 3c or 3d.
L 19/26
EN
Official Journal of the European Union
24.1.2012
10. Paragraph
1
shall
not
prevent
Bank
Tejarat
petroleum products in Article 3a shall be reviewed not
listed in Annex II, for a period of two months after
later than 1 May 2012, in particular taking due account
the date of its designation, from making a payment
of the availability and the financial conditions for the
from funds or economic resources received and frozen
supply of crude oil and petroleum products produced in
after the date of its designation or from receiving a
countries other than Iran, with a view to ensuring the
payment after the date of its designation, where such
continuity of energy supply of Member States.
payment is due in connection with a specific trade
contract, provided that the relevant Member State
has determined, on a case-by-case basis, that the
3. The
measures
referred
to
in
Articles
19(1)(b)
and
(c)
payment is not directly or indirectly received by a
and 20(1)(b) and (c) shall be reviewed at regular intervals
person or entity referred to in paragraph 1.
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
11. Paragraphs
7,
8,
9
and
10
are
without
prejudice
referred to in Article 24, that the conditions for their
to paragraphs 3, 4, 4a, 5 and 6 of this Article and to
application are no longer met.".
Article 10(3).";
(8) in Article 24, paragraph 2 is replaced by the following:
Article 2
"
1. The
persons
and
entities
listed
in
Annex
I
to
this
Decision
2. Where
the
Council
decides
to
subject
a
person
or shall be added to the list set out in Annex II to Decision
entity to the measures referred to in Articles 19(1)(b) and
2010/413/CFSP.
(c) and 20(1)(b) and (c), it shall amend Annex II
accordingly.";
2. The
entity
listed
in
Annex
II
to
this
Decision
shall
be
(9) in Article 25, paragraph 2 is replaced by the following:
removed from the list set out in Annex II to Decision
2010/413/CFSP.
"2. Annexes
I
and
II
shall
also
include,
where
available,
information necessary to identify the persons or entities
3. The
entries
in
Annex
II
to
Decision
2010/413/CFSP
shall
concerned, as provided by the Security Council or by the
be amended as set out in Annex III to this Decision.
Committee in respect of Annex I. With regard to persons,
such information may include names including aliases,
date and place of birth, nationality, passport and ID card
Article 3
numbers, gender, address, if known and function or
profession. With regard to entities such information may
This Decision shall enter into force on the date of its adoption.
include names, place and date of registration, registration
number and place of business. Annexes I and II shall also
include the date of designation.";
Done at Brussels, 23 January 2012.
(10) in Article 26, paragraphs 2 and 3 are replaced by the
following:
For the Council
"2. The measures concerning the prohibition on
The President
import, purchase or transport of Iranian crude oil and
C. ASHTON
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/27
ANNEX I
List of persons and entities referred to in Article 2(1)
I. Persons and entities involved in nuclear or ballistic missiles activities
B. Entities
Name Identifying
information Reasons Date
of
listing
1. Central
Bank
of Postal Address: Mirdamad Blvd., Involvement in activities to 23.1.2012
Iran (a.k.a. Central NO.144, Tehran, Islamic Republic circumvent sanctions
Bank of the Islamic of Iran
Republic of Iran)
P.O. Box: 15875 / 7177
Switchboard: +98 21 299 51
Cable Address: MARKAZBANK
Telex: 216 219-22
MZBK IR SWIFT Address: BMJIIRTH
Web Site: http://www.cbi.ir
E-mail: G.SecDept@cbi.ir
2. Bank
Tejarat Postal
Address:
Taleghani
Br. Bank Tejarat is a State owned bank. It 23.1.2012
130, Taleghani Ave.
has directly facilitated Iran’s nuclear
P.O.Box: 11365 - 5416, Tehran
efforts. For example, in 2011, Bank
Tel.: 88826690
Tejarat facilitated the movement of
Tlx.: 226641 TJTA IR.
tens of millions of dollars in an
Fax: 88893641
effort to assist the UN designated
Website: http://www.tejaratbank.ir
Atomic Energy Organisation of Iran’s
ongoing effort to acquire yellowcake
uranium. The AEOI is the main
Iranian organisation for research and
development of nuclear technology,
and manages fissile material
production programs.
Bank Tejarat also has a history of
assisting designated Iranian banks in
circumventing international sanctions,
for example acting in business
involving UN designated Shahid
Hemmat Industrial Group cover
companies.
Through its financial services to EU
designated Bank Mellat and Export
Development Bank of Iran (EDBI) in
the past few years, Bank Tejarat has
also supported the activities of
subsidiaries and subordinates of the
Iran Revolutionary Guard Corps, UN
designated Defense Industries Organi
sation and UN designated MODAFL.
3. Tidewater
(a.k.a. Postal address: No. 80, Tidewater Owned or controlled by IRGC 23.1.2012
Tidewater Middle
Building, Vozara Street, Next to
East Co.)
Saie Park, Tehran, Iran
L 19/28
EN
Official Journal of the European Union
24.1.2012
Name Identifying
information Reasons Date
of
listing
4. Turbine
Postal address: Shishesh Mina Street, Used as a front company by 23.1.2012
Engineering
Karaj Special Road, Tehran, Iran
designated Iran Aircraft Industries
Manufacturing
(IACI) for covert procurement
(TEM) (a.k.a T.E.M.
activities.
Co.)
5. Sad
Export
Import Postal address: Haftom Tir Square, Used as a front company by 23.1.2012
Company (a.k.a.
South Mofte Avenue, Tour Line designated Defence Industries Organ
SAD Import &
No; 3/1, Tehran, Iran
ization (DIO). Involved in arms
Export Company)
P.O. Box 1584864813 Tehran, Iran transfers to Syria. The company’s
involvement was also noted in illicit
arms transfer aboard M/V
Monchegorsk.
6. Rosmachin Postal
address:
Haftom
Tir
Square,
Front company of Sad Export Import 23.1.2012
South Mofte Avenue, Tour Line Company. Involved in illicit arms
No; 3/1, Tehran, Iran
transfer aboard M/V Monchgorsk.
P.O. Box 1584864813 Tehran, Iran
II. Islamic Revolutionary Guard Corps (IRGC)
A. Persons
Name Identifying
information Reasons Date
of
listing
1. Ali
Ashraf
NOURI IRGC
Deputy
Commander,
IRGC
23.1.2012
Political Bureau Chief
2. Hojatoleslam
Ali
Representative of the Supreme Leader 23.1.2012
SAIDI (a.k.a.
to the IRGC
Hojjat- al-Eslam Ali
Saidi or Saeedi
3. Amir
Ali
Haji
IRGC Air Force Commander, Brigadier 23.1.2012
ZADEH (a.k.a.
General
Amir Ali
Hajizadeh)
B. Entities
Name Identifying
information Reasons Date
of
listing
1. Behnam
Sahriyari Postal address: Ziba Buidling, 10th Sent two containers of various types 23.1.2012
Trading Company
Floor, Northern Sohrevardi Street, of firearms from Iran to Syria in May
Tehran, Iran
2007 in violation of op. 5 of UNSCR
1747(2007)
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/29
III. Islamic Republic of Iran Shipping Lines (IRISL)
B. Entities
Name Identifying
information Reasons Date
of
listing
1. BIIS
Maritime
Postal address: 147/1 St. Lucia, Owned or controlled by designated 23.1.2012
Limited
Valletta, Malta
Irano Hind
2. Darya
Delalan
Sefid Postal address: M. Khomeini St., Owned or controlled by IRISL 23.1.2012
Khazar Shipping
Ghazian, Bandar Anzil, Gilan, Iran
Company (Iran)
No. 1, End of Shahid Mostafa
(a.k.a. Khazar Sea
Khomeini St., Tohid Square, Bandar
Shipping Lines or
Anzali, 1711-324, Iran
Darya-ye Khazar
Shipping Company
or Khazar Shipping
Co. or KSSL or
Daryaye Khazar
(Caspian Sea) Co.
or Darya-e-khazar
shipping Co.)
L 19/30
EN
Official Journal of the European Union
24.1.2012
ANNEX II
Entity referred to in Article 2(2)
Syracuse S.L
ANNEX III
Entries referred to in Article 2(3)
Name Identifying
information Reasons Date
of
listing
1. Hanseatic
Postal address: Schottweg 7, 22087 Controlled by and/or acting on behalf of
23.1.2012
Trade Trust & Hamburg, Germany; Opp 7th Alley, IRISL. HTTS is registered under the same
Shipping
Zarafshan St, Eivanak St, Qods address as IRISL Europe GmbH in
(HTTS) GmbH Township; HTTS GmbH
Hamburg, and its principal Dr. Naser
Baseni was previously employed with
IRISL.
2. Oasis
Freight Postal address: Al Meena Street, Acted on behalf of IRISL in the UAE. Has
23.1.2012
Agency
Opposite Dubai Ports & Customs, been replaced by Good Luck Shipping
2nd Floor, Sharaf Building, Dubai Company which is also designated for
UAE; Sharaf Building, 1st Floor, Al acting on behalf of IRISL
Mankhool St., Bur Dubai, P.O. Box
5562, Dubai, United Arab Emirates;
Sharaf Building, No. 4, 2nd Floor, Al
Meena Road, Opposite Customs,
Dubai, United Arab Emirates,
Kayed Ahli Building, Jamal Abdul
Nasser Road (Parallel to Al Wahda
St.), P.O. Box 4840, Sharjah, United
Arab Emirates
EN
Official Journal of the European Union
24.1.2012
COUNCIL DECISION 2012/35/CFSP
of 23 January 2012
amending Decision 2010/413/CFSP concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
materials, equipment, goods and technology, that could
contribute to Iran's enrichment-related, reprocessing or
heavy water-related activities, to the development of
Having regard to the Treaty on European Union, and in
nuclear weapon delivery systems or to the pursuit of
particular Article 29 thereof,
activities related to other topics about which the IAEA
has expressed concerns or identified as outstanding, or to
other weapons of mass destruction programmes. This
Whereas:
prohibition should include dual-use goods and tech
nology.
(1) On
27
February
2007,
the
Council
adopted
Common
Position 2007/140/CFSP concerning restrictive measures
against Iran
( 1 ) which implemented United Nations
(8) Recalling
the
potential
connection
between
Iran's
Security Council Resolution (UNSCR) 1737 (2006).
revenues derived from its energy sector and the
funding of Iran's proliferation-sensitive nuclear activities
and that chemical process equipment and materials
(2) On
23
April
2007,
the
Council
adopted
Common
required for the petrochemical industry have much in
Position 2007/246/CFSP ( 2 ) which implemented UNSCR
common with those required for certain sensitive
1747 (2007).
nuclear fuel cycle activities, as underlined in UNSCR
1929 (2010), the sale, supply or transfer to Iran of
further key equipment and technology which could be
(3) On
7
August
2008,
the
Council
adopted
Common
used in key sectors in the oil and natural gas industry or,
Position 2008/652/CFSP ( 3 ) which implemented UNSCR
in the petrochemical industry, should be prohibited.
1803 (2008).
Moreover, Member States should prohibit any new
investment in the petrochemical sector in Iran.
(4) On
26
July
2010,
the
Council
adopted
Decision
2010/413/CFSP ( 4 ) which implemented UNSCR 1929
(2010).
(9) In
addition,
the
purchase,
import
or
transport
from
Iran
of crude oil and petroleum products, as well as of petro
chemical products, should be prohibited.
(5) On
1
December
2011,
the
Council
reiterated
its
serious
and deepening concerns over the nature of Iran's nuclear
programme, and in particular over the findings on
Iranian activities relating to the development of military
(10) Moreover,
the
sale,
purchase,
transportation
or
brokering
of gold, precious metals and diamonds to, from or for
nuclear technology, as reflected in the latest International
the Government of Iran should be prohibited.
Atomic Energy Agency (IAEA) report. In the light of
these concerns and in accordance with the European
Council Declaration of 23 October 2011, the Council
agreed to broaden existing sanctions by examining, in
(11) In
addition,
the
delivery
of
newly
printed
or
minted
or
close coordination with international partners, additional
unissued Iranian denominated banknotes and coinage to
measures including measures aimed at severely affecting
or for the benefit of the Central Bank of Iran should be
the Iranian financial system, in the transport sector, in
prohibited.
the energy sector, measures against the Iranian Revol
utionary Guard Corps (IRGC), as well as in other areas.
(12) Furthermore,
restrictive measures should be imposed
(6) On
9
December
2011,
the
European
Council
endorsed
against the Central Bank of Iran in view of its
the Council conclusions of 1 December 2011 and invited
involvement in activities to circumvent sanctions
the Council to proceed with its work relating to
imposed against Iran.
extending the scope of the Union's restrictive measures
against Iran as a matter of priority.
(13) The
restrictions
on
admission
and
the
freezing
of
funds
(7) In
this
context,
it
is
appropriate
to
prohibit
or
control
and economic resources should be applied to additional
the supply, sale or transfer to Iran of additional items,
persons and entities providing support to the
Government of Iran allowing it to pursue proliferation-
sensitive nuclear activities or the development of nuclear
( 1 ) OJ L 61, 28.2.2007, p. 49.
weapon delivery systems, in particular persons and
( 2 ) OJ L 106, 24.4.2007, p. 67.
( 3 ) OJ L 213, 8.8.2008, p. 58.
entities providing financial, logistical or material
( 4 ) OJ L 195, 27.7.2010, p. 39.
support to the Government of Iran.
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/23
(14) The
restrictions
on
admission
and
the
freezing
of
funds
insurance and reinsurance, related to the import, purchase,
applied to members of the IRGC should no longer be
or transport of Iranian petrochemical products
restricted to senior members but could apply to other
members of the IRGC.
Article 3c
(15) Moreover,
additional persons and entities should be
1. The
prohibitions
set
out
in
Article
3a
shall
be
included in the list of persons and entities subject to
without prejudice to the execution, until 1 July 2012, of
restrictive measures as set out in Annex II to Decision
contracts concluded before 23 January 2012 or ancillary
2010/413/CFSP.
contracts necessary for the execution of such contracts, to
be concluded and executed not later than 1 July 2012.
(16) Further action by the Union is needed in order to
implement certain measures,
2. The
prohibitions
set
out
in
Article
3a
shall
be
without prejudice to the execution of obligations
HAS ADOPTED THIS DECISION:
provided for in contracts concluded before 23 January
2012 or in ancillary contracts necessary for the
Article 1
execution of such obligations where the supply of
Iranian crude oil and petroleum products or the
Council Decision 2010/413/CFSP is hereby amended as follows:
proceeds derived from their supply are for the reim
bursement of outstanding amounts with respect to
(1) in Article 1(1), point (e) is replaced by the following:
contracts concluded before 23 January 2012 to persons
or entities within the territories of Member States or under
their jurisdiction, where those contracts specifically provide
"(e) other dual-use goods and technology listed in Annex I
for such reimbursements.
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
Article 3d
items (*) and not covered by point (a) except for
certain items in category 5 - Part 1 and category 5
1. The prohibitions set out in Article 3b shall be
- Part 2 in Annex I to that Regulation.
without prejudice to the execution, until 1 May 2012, of
contracts concluded before 23 January 2012 or in
___________
ancillary contracts necessary for the execution of such
contracts, to be concluded and executed not later than
(*) OJ L 134, 29.5.2009, p. 1.";
1 May 2012.
(2) the
following
Articles
are
inserted:
2. The prohibitions set out in Article 3b shall be
without prejudice to the execution of obligations
"
provided for in contracts concluded before 23 January
Article 3a
2012 or in ancillary contracts necessary for the
1. The
import,
purchase
or
transport
of
Iranian
crude
execution of such obligations where the supply of petro
oil and petroleum products shall be prohibited.
chemical products or the proceeds derived from the supply
of these products are for the reimbursement of
outstanding amounts with respect to contracts concluded
The Union shall take the necessary measures in order to
before 23 January 2012 to persons or entities within the
determine the relevant items to be covered by this
territories of Member States or under their jurisdiction,
provision.
where those contracts specifically provide for such reim
bursements.";
2. It
shall
be
prohibited
to
provide,
directly
or
indirectly, financing or financial assistance, including
financial derivatives, as well as insurance and reinsurance,
(3) the
following
Articles
are
inserted:
related to the import, purchase, or transport of Iranian
crude oil and petroleum products.
"Article 4a
Article 3b
1. The
sale,
supply
or
transfer
of
key
equipment
and
technology for the petrochemical industry in Iran, or to
1. The
import,
purchase
or
transport
of
Iranian
petro
Iranian or Iranian-owned enterprises engaged in that
chemical products shall be prohibited.
industry outside Iran, by nationals of Member States, or
from the territories of Member States, or using vessels or
The Union shall take the necessary measures in order to
aircraft under the jurisdiction of Member States shall be
determine the relevant items to be covered by this
prohibited whether or not originating in their territories.
provision.
The Union shall take the necessary measures in order to
2. It
shall
be
prohibited
to
provide,
directly
or
determine the relevant items to be covered by this
indirectly, financing or financial assistance, as well as
provision.
L 19/24
EN
Official Journal of the European Union
24.1.2012
2. It
shall
be
prohibited
to
provide
the
following
to
entities acting on their behalf or at their direction, or
enterprises in Iran that are engaged in the Iranian petro
entities owned or controlled by them shall be prohibited.
chemical industry or to Iranian, or Iranian-owned enter
prises engaged in that industry outside Iran:
The Union shall take the necessary measures in order to
determine the relevant items to be covered by this
provision.
(a) technical assistance or training and other services
related to key equipment and technology as
determined according to paragraph 1;
Article 4d
The delivery of newly printed or minted or unissued
(b) financing or financial assistance for any sale, supply,
Iranian denominated banknotes and coinage to or for
transfer or export of key equipment and technology as
the benefit of the Central Bank of Iran shall be
determined according to paragraph 1 or for the
prohibited.";
provision of related technical assistance or training.
(4) the following Article is inserted:
3. It
shall
be
prohibited
to
participate,
knowingly
or
intentionally, in activities the object or effect of which is
"Article 6a
to circumvent the prohibitions referred to in paragraphs 1
and 2.
The following shall be prohibited:
Article 4b
(a) the granting of any financial loan or credit to enter
prises in Iran that are engaged in the Iranian petro
1. The
prohibition
in
Article
4(1)
shall
be
without
chemical industry or to Iranian or Iranian-owned
prejudice to the execution of an obligation relating to
enterprises engaged in that industry outside Iran;
the delivery of goods provided for in contracts
concluded before 26 July 2010.
(b) the acquisition or extension of a participation in enter
prises in Iran that are engaged in the Iranian petro
chemical industry, or to Iranian or Iranian-owned
2. The
prohibitions
in
Article
4
shall
be
without
enterprises engaged in that industry outside Iran,
prejudice to the execution of an obligation arising from
including the acquisition in full of such enterprises
contracts concluded before 26 July 2010 and relating to
and the acquisition of shares and securities of a partici
investments made in Iran before the same date by enter
pating nature;
prises established in Member States.
(c) the creation of any joint venture with enterprises in
Iran that are engaged in the Iranian petrochemical
3. The
prohibition
in
Article
4a(1)
shall
be
without
industry and with any subsidiary or affiliate under
prejudice to the execution of an obligation relating to
their control.";
the delivery of goods provided for in contracts
concluded before 23 January 2012.
(5) Article 7 is replaced by the following:
4. The
prohibitions
in
Article
4a
shall
be
without
prejudice to the execution of an obligation arising from
"Article 7
contracts concluded before 23 January 2012 and relating
to investments made in Iran before the same date by
1. The
prohibitions
in
Article
6(a)
and
(b)
respectively:
enterprises established in Member States.
(i) shall be without prejudice to the execution of an obli
gation arising from contracts or agreements concluded
Article 4c
before 26 July 2010;
The direct or indirect sale, purchase, transportation or
brokering of gold and precious metals, as well as of
diamonds, to, from or for the Government of Iran, its
(ii) shall not prevent the extension of a participation, if
public bodies, corporations and agencies, the Central
such extension is an obligation under an agreement
Bank of Iran, as well as to, from or for persons and
concluded before 26 July 2010.
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/25
2. The
prohibitions
in
Article
6a(a)
and
(b)
respectively:
UNSCR 1737 (2006), UNSCR 1747 (2007),
UNSCR 1803 (2008) and UNSCR 1929
(2010) or this Decision as well as other
(i) shall be without prejudice to the execution of an obli
members and entities of IRGC and IRISL and
gation arising from contracts or agreements concluded
entities owned or controlled by them or acting
before 23 January 2012;
on their behalf, as listed in Annex II.";
(ii) shall not prevent the extension of a participation, if
such extension is an obligation under an agreement
(ii) the following point is added:
concluded before 23 January 2012.";
"
(6) Article
19(1)
is
amended
as
follows:
(c) other persons and entities not covered by
Annex I that provide support to the
Government of Iran, and persons and entities
(a) point (b) is replaced by the following:
associated with them, as listed in Annex II.";
"(b) other persons not covered by Annex I that are
(b) the following paragraph is inserted:
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
"4a. With
regard
to
persons
and
entities
listed
in
involvement in procurement of the prohibited
Annex II, exemptions may also be made for funds
items, goods, equipment, materials and tech
and economic resources which are to be paid into or
nology, or persons acting on their behalf or at
from an account of a diplomatic or consular mission
their direction, or persons that have assisted
or an international organisation enjoying immunities
designated persons or entities in evading or
in accordance with international law, in so far as such
violating the provisions of UNSCR 1737 (2006),
payments are intended to be used for official purposes
UNSCR 1747 (2007), UNSCR 1803 (2008) and
of the diplomatic or consular mission or international
UNSCR 1929 (2010) or this Decision as well as
organisation.";
other members of the IRGC, as listed in Annex
II.";
(c) the following paragraphs are added:
(b) the following point is added:
"
"7. Paragraphs 1 and 2 shall not apply to a transfer
(c) other persons not covered by Annex I that provide
by or through the Central Bank of Iran of funds or
support to the Government of Iran, and persons
economic resources received and frozen after the date
associated with them, as listed in Annex II.";
of its designation or to a transfer of funds or economic
resources to or through the Central Bank of Iran after
(7) Article
20
is
amended
as
follows:
the date of its designation where such transfer is
related to a payment by a non-designated financial
institution due in connection with a specific trade
(a) paragraph 1 is amended as follows:
contract, provided that the relevant Member State
has determined, on a case-by-case basis, that the
payment is not directly or indirectly received by a
(i) point (b) is replaced by the following:
person or entity referred to in paragraph 1.
"(b) persons and entities not covered by Annex I
8. Paragraph
1
shall
not
apply
to
a
transfer
by
or
that are engaged in, directly associated with,
through the Central Bank of Iran of frozen funds or
or providing support for, Iran's proliferation-
economic resources where such transfer is for the
sensitive nuclear activities or for the devel
purpose of providing financial institutions under the
opment of nuclear weapon delivery systems,
jurisdiction of Member States with liquidity for the
including through the involvement in
financing of trade, provided that the transfer has
procurement of the prohibited items, goods,
been authorised by the relevant Member State.;
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
9. Paragraph
2
shall
be
without
prejudice
to
means, or persons and entities that have
payments to the Central Bank of Iran in connection
assisted designated persons or entities in
with the execution of contracts in conformity with
evading or violating the provisions of
Articles 3a, 3b, 3c or 3d.
L 19/26
EN
Official Journal of the European Union
24.1.2012
10. Paragraph
1
shall
not
prevent
Bank
Tejarat
petroleum products in Article 3a shall be reviewed not
listed in Annex II, for a period of two months after
later than 1 May 2012, in particular taking due account
the date of its designation, from making a payment
of the availability and the financial conditions for the
from funds or economic resources received and frozen
supply of crude oil and petroleum products produced in
after the date of its designation or from receiving a
countries other than Iran, with a view to ensuring the
payment after the date of its designation, where such
continuity of energy supply of Member States.
payment is due in connection with a specific trade
contract, provided that the relevant Member State
has determined, on a case-by-case basis, that the
3. The
measures
referred
to
in
Articles
19(1)(b)
and
(c)
payment is not directly or indirectly received by a
and 20(1)(b) and (c) shall be reviewed at regular intervals
person or entity referred to in paragraph 1.
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
11. Paragraphs
7,
8,
9
and
10
are
without
prejudice
referred to in Article 24, that the conditions for their
to paragraphs 3, 4, 4a, 5 and 6 of this Article and to
application are no longer met.".
Article 10(3).";
(8) in Article 24, paragraph 2 is replaced by the following:
Article 2
"
1. The
persons
and
entities
listed
in
Annex
I
to
this
Decision
2. Where
the
Council
decides
to
subject
a
person
or shall be added to the list set out in Annex II to Decision
entity to the measures referred to in Articles 19(1)(b) and
2010/413/CFSP.
(c) and 20(1)(b) and (c), it shall amend Annex II
accordingly.";
2. The
entity
listed
in
Annex
II
to
this
Decision
shall
be
(9) in Article 25, paragraph 2 is replaced by the following:
removed from the list set out in Annex II to Decision
2010/413/CFSP.
"2. Annexes
I
and
II
shall
also
include,
where
available,
information necessary to identify the persons or entities
3. The
entries
in
Annex
II
to
Decision
2010/413/CFSP
shall
concerned, as provided by the Security Council or by the
be amended as set out in Annex III to this Decision.
Committee in respect of Annex I. With regard to persons,
such information may include names including aliases,
date and place of birth, nationality, passport and ID card
Article 3
numbers, gender, address, if known and function or
profession. With regard to entities such information may
This Decision shall enter into force on the date of its adoption.
include names, place and date of registration, registration
number and place of business. Annexes I and II shall also
include the date of designation.";
Done at Brussels, 23 January 2012.
(10) in Article 26, paragraphs 2 and 3 are replaced by the
following:
For the Council
"2. The measures concerning the prohibition on
The President
import, purchase or transport of Iranian crude oil and
C. ASHTON
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/27
ANNEX I
List of persons and entities referred to in Article 2(1)
I. Persons and entities involved in nuclear or ballistic missiles activities
B. Entities
Name Identifying
information Reasons Date
of
listing
1. Central
Bank
of Postal Address: Mirdamad Blvd., Involvement in activities to 23.1.2012
Iran (a.k.a. Central NO.144, Tehran, Islamic Republic circumvent sanctions
Bank of the Islamic of Iran
Republic of Iran)
P.O. Box: 15875 / 7177
Switchboard: +98 21 299 51
Cable Address: MARKAZBANK
Telex: 216 219-22
MZBK IR SWIFT Address: BMJIIRTH
Web Site: http://www.cbi.ir
E-mail: G.SecDept@cbi.ir
2. Bank
Tejarat Postal
Address:
Taleghani
Br. Bank Tejarat is a State owned bank. It 23.1.2012
130, Taleghani Ave.
has directly facilitated Iran’s nuclear
P.O.Box: 11365 - 5416, Tehran
efforts. For example, in 2011, Bank
Tel.: 88826690
Tejarat facilitated the movement of
Tlx.: 226641 TJTA IR.
tens of millions of dollars in an
Fax: 88893641
effort to assist the UN designated
Website: http://www.tejaratbank.ir
Atomic Energy Organisation of Iran’s
ongoing effort to acquire yellowcake
uranium. The AEOI is the main
Iranian organisation for research and
development of nuclear technology,
and manages fissile material
production programs.
Bank Tejarat also has a history of
assisting designated Iranian banks in
circumventing international sanctions,
for example acting in business
involving UN designated Shahid
Hemmat Industrial Group cover
companies.
Through its financial services to EU
designated Bank Mellat and Export
Development Bank of Iran (EDBI) in
the past few years, Bank Tejarat has
also supported the activities of
subsidiaries and subordinates of the
Iran Revolutionary Guard Corps, UN
designated Defense Industries Organi
sation and UN designated MODAFL.
3. Tidewater
(a.k.a. Postal address: No. 80, Tidewater Owned or controlled by IRGC 23.1.2012
Tidewater Middle
Building, Vozara Street, Next to
East Co.)
Saie Park, Tehran, Iran
L 19/28
EN
Official Journal of the European Union
24.1.2012
Name Identifying
information Reasons Date
of
listing
4. Turbine
Postal address: Shishesh Mina Street, Used as a front company by 23.1.2012
Engineering
Karaj Special Road, Tehran, Iran
designated Iran Aircraft Industries
Manufacturing
(IACI) for covert procurement
(TEM) (a.k.a T.E.M.
activities.
Co.)
5. Sad
Export
Import Postal address: Haftom Tir Square, Used as a front company by 23.1.2012
Company (a.k.a.
South Mofte Avenue, Tour Line designated Defence Industries Organ
SAD Import &
No; 3/1, Tehran, Iran
ization (DIO). Involved in arms
Export Company)
P.O. Box 1584864813 Tehran, Iran transfers to Syria. The company’s
involvement was also noted in illicit
arms transfer aboard M/V
Monchegorsk.
6. Rosmachin Postal
address:
Haftom
Tir
Square,
Front company of Sad Export Import 23.1.2012
South Mofte Avenue, Tour Line Company. Involved in illicit arms
No; 3/1, Tehran, Iran
transfer aboard M/V Monchgorsk.
P.O. Box 1584864813 Tehran, Iran
II. Islamic Revolutionary Guard Corps (IRGC)
A. Persons
Name Identifying
information Reasons Date
of
listing
1. Ali
Ashraf
NOURI IRGC
Deputy
Commander,
IRGC
23.1.2012
Political Bureau Chief
2. Hojatoleslam
Ali
Representative of the Supreme Leader 23.1.2012
SAIDI (a.k.a.
to the IRGC
Hojjat- al-Eslam Ali
Saidi or Saeedi
3. Amir
Ali
Haji
IRGC Air Force Commander, Brigadier 23.1.2012
ZADEH (a.k.a.
General
Amir Ali
Hajizadeh)
B. Entities
Name Identifying
information Reasons Date
of
listing
1. Behnam
Sahriyari Postal address: Ziba Buidling, 10th Sent two containers of various types 23.1.2012
Trading Company
Floor, Northern Sohrevardi Street, of firearms from Iran to Syria in May
Tehran, Iran
2007 in violation of op. 5 of UNSCR
1747(2007)
EN
24.1.2012 Official
Journal
of
the
European
Union L
19/29
III. Islamic Republic of Iran Shipping Lines (IRISL)
B. Entities
Name Identifying
information Reasons Date
of
listing
1. BIIS
Maritime
Postal address: 147/1 St. Lucia, Owned or controlled by designated 23.1.2012
Limited
Valletta, Malta
Irano Hind
2. Darya
Delalan
Sefid Postal address: M. Khomeini St., Owned or controlled by IRISL 23.1.2012
Khazar Shipping
Ghazian, Bandar Anzil, Gilan, Iran
Company (Iran)
No. 1, End of Shahid Mostafa
(a.k.a. Khazar Sea
Khomeini St., Tohid Square, Bandar
Shipping Lines or
Anzali, 1711-324, Iran
Darya-ye Khazar
Shipping Company
or Khazar Shipping
Co. or KSSL or
Daryaye Khazar
(Caspian Sea) Co.
or Darya-e-khazar
shipping Co.)
L 19/30
EN
Official Journal of the European Union
24.1.2012
ANNEX II
Entity referred to in Article 2(2)
Syracuse S.L
ANNEX III
Entries referred to in Article 2(3)
Name Identifying
information Reasons Date
of
listing
1. Hanseatic
Postal address: Schottweg 7, 22087 Controlled by and/or acting on behalf of
23.1.2012
Trade Trust & Hamburg, Germany; Opp 7th Alley, IRISL. HTTS is registered under the same
Shipping
Zarafshan St, Eivanak St, Qods address as IRISL Europe GmbH in
(HTTS) GmbH Township; HTTS GmbH
Hamburg, and its principal Dr. Naser
Baseni was previously employed with
IRISL.
2. Oasis
Freight Postal address: Al Meena Street, Acted on behalf of IRISL in the UAE. Has
23.1.2012
Agency
Opposite Dubai Ports & Customs, been replaced by Good Luck Shipping
2nd Floor, Sharaf Building, Dubai Company which is also designated for
UAE; Sharaf Building, 1st Floor, Al acting on behalf of IRISL
Mankhool St., Bur Dubai, P.O. Box
5562, Dubai, United Arab Emirates;
Sharaf Building, No. 4, 2nd Floor, Al
Meena Road, Opposite Customs,
Dubai, United Arab Emirates,
Kayed Ahli Building, Jamal Abdul
Nasser Road (Parallel to Al Wahda
St.), P.O. Box 4840, Sharjah, United
Arab Emirates
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[[ n.title ]] [[ n.read ]]大连标准化公共服务平台
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