理事会条例(EU) No 264/2012,修订就伊朗的形势直接针对某些人、实体和机构的限制性措施的条例(EU) No 359/2011

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32012R0264

OJ编号:OJ L 87, 24.3.2012, p. 26-36

中文标题:理事会条例(EU) No 264/2012,修订就伊朗的形势直接针对某些人、实体和机构的限制性措施的条例(EU) No 359/2011

原文标题:Council Regulation (EU) No 264/2012 of 23 March 2012 amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

分类:18_共同的对外政策和防务政策

文件类型:二级立法 Regulation|条例

生效日期:2012-03-24

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 87/26
EN
Official Journal of the European Union
24.3.2012
COUNCIL REGULATION (EU) No 264/2012
of 23 March 2012
amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Iran
THE COUNCIL OF THE EUROPEAN UNION,
application by economic operators in all Member States,
regulatory action at the level of the Union is necessary in
Having regard to the Treaty on the Functioning of the European
order to implement it.
Union, and in particular Article 215(2) thereof,
(7)
In view of the gravity of the human rights situation in
Having regard to Council Decision 2010/413/CFSP of 26 July
Iran and in accordance with Decision 2011/235/CFSP,
2010 concerning restrictive measures against Iran ( 1 ), and in
additional persons should be included in the list of
particular Article 1 thereof,
natural and legal persons, entities and bodies subject to
restrictive measures set out in Annex I to Regulation (EU)
Having regard to the joint proposal from the High Represen
No 359/2011.
tative of the Union for Foreign Affairs and Security Policy and
the European Commission,
(8) Annex
II
to
Regulation
(EC)
No
359/2011,
listing
the
competent authorities to which specific functions
Whereas:
relating to the implementation of that Regulation are
attributed, should also be updated on the basis of the
(1) Council
Regulation
(EU)
No
961/2010
of
25
October
information most recently provided by Member States
2010 on restrictive measures against Iran (
regarding the identification of competent authorities.

2 ) prohibits

the sale, supply, transfer or export from the Union to
Iran of equipment which may be used for internal
(9) In
order
to
ensure
that
the
measures
provided
for
in
this
repression.
Regulation are effective, this Regulation must enter into
force on the day of publication,
(2) The
measures
adopted
in
Regulation
(EU)
No
961/2010
reflect the Council's concerns over the nature of Iran's
HAS ADOPTED THIS REGULATION:
nuclear programme, whereas the measures adopted in
Regulation (EU) No 359/2011 ( 3 ) reflect its concerns
about the deterioration of the human rights situation in
Article 1
Iran.
Regulation (EU) No 359/2011 is hereby amended as follows:
(3) The
prohibition
on
the
sale,
supply,
transfer
or
export
of (1) The following Articles are inserted:
equipment which may be used for internal repression is a
measure taken primarily in view of the Council's
concerns regarding the deterioration of the human
"Article 1a
rights situation in Iran, and as such, it should be
included in Regulation (EU) No 359/2011. Regulation
It shall be prohibited:
(EU) No 359/2011 should therefore be amended accord
ingly.
(a) to sell, supply, transfer or export, directly or indirectly,
equipment which might be used for internal repression
(4) At
the
same
time,
Regulation
(EU)
No
961/2010
will
be
as listed in Annex III, whether or not originating in the
replaced by a new, consolidated Regulation which does
Union, to any person, entity or body in Iran or for use
not include the said measure to prevent internal
in Iran;
repression.
(b) to provide, directly or indirectly, technical assistance or
(5)
In view of the gravity of the human rights situation in
brokering services related to equipment which might be
Iran, Decision 2012/168/CFSP of 23 March 2012
used for internal repression as listed in Annex III, to any
amending Decision 2011/235/CFSP concerning
person, entity or body in Iran or for use in Iran;
restrictive measures directed against certain persons and
entities in view of the situation in Iran ( 4 ) provides for an
additional measure, namely a prohibition on the export
(c) to provide, directly or indirectly, financing or financial
of telecommunications monitoring equipment for use by
assistance related to equipment which might be used for
the Iranian regime.
internal repression as listed in Annex III, including in
particular grants, loans and export credit insurance, for
any sale, supply, transfer or export of such items, or for
(6)
This measure falls within the scope of the Treaty and,
any provision of related technical assistance to any
therefore, notably with a view to ensuring its uniform
person, entity or body in Iran or for use in Iran;
( 1 ) OJ L 195, 27.7.2010, p. 39.
(d) to participate, knowingly and intentionally, in activities
( 2 ) OJ L 281, 27.10.2010, p. 1.
( 3 ) OJ L 100, 14.4.2011, p. 1.
the object or effect of which is to circumvent the
( 4 ) See page 85 of this Official Journal.
prohibitions referred to in points (a), (b) and (c).

EN
24.3.2012 Official
Journal
of
the
European
Union L
87/27
Article 1b
(c) to provide any telecommunication or internet moni
toring or interception services of any kind to, or for
1. It
shall
be
prohibited
to
sell,
supply,
transfer
or
export,
the direct or indirect benefit of, Iran's government,
directly or indirectly, equipment, technology or software
public bodies, corporations and agencies or any
identified in Annex IV, whether or not originating in the
person or entity acting on their behalf or at their
Union, to any person, entity or body in Iran or for use in
direction; and
Iran, unless the competent authority of the relevant Member
State, as identified in the websites referred to in Annex II,
has given prior authorisation.
(d) to participate, knowingly and intentionally, in any
activity the object or effect of which is to circumvent
2. The
competent
authorities
of
the
Member
States,
as
the prohibitions referred to in point (a), (b) or (c) above;
identified in the websites referred to in Annex II, shall not
grant any authorisation under paragraph 1 if they have
unless the competent authority of the relevant Member
reasonable grounds to determine that the equipment, tech
State, as identified in the websites referred to in Annex II,
nology or software in question would be used for moni
has given prior authorisation, on the basis set out in
toring or interception, by Iran's government, public bodies,
Article 1b(2).
corporations and agencies or any person or entity acting on
their behalf or at their direction, of internet or telephone
communications in Iran.
2. For
the
purposes
of
paragraph
1(c), "telecommuni
cation or internet monitoring or interception services"
3. Annex
IV
shall
include
equipment,
technology
or
means those services that provide, in particular using
software which may be used for the monitoring or inter
equipment, technology or software as identified in Annex
ception of internet or telephone communications.
IV, access to and delivery of a subject's incoming and
outgoing telecommunications and call- associated data for
4. The
Member
State
concerned
shall
inform
the
other
the purpose of its extraction, decoding, recording,
Member States and the Commission of any authorisation
processing, analysis and storing or any other related activ
granted under this Article, within four weeks following the
ity.".
authorisation.
(2) The persons listed in Annex I to this Regulation are added
Article 1c
to the list set out in Annex I
1. It
shall
be
prohibited:
(3) The text set out in Annex II to this Regulation is added as
(a) to provide, directly or indirectly, technical assistance or
Annex III.
brokering services related to the equipment, technology
and software identified in Annex IV, or related to the
provision, manufacture, maintenance and use of the
(4) The text set out in Annex III to this Regulation is added as
equipment and technology identified in Annex IV or
Annex IV.
to the provision, installation, operation or updating of
any software identified in Annex IV, to any person,
(5) Annex II is replaced by the text set out in Annex IV to this
entity or body in Iran or for use in Iran;
Regulation.
(b) to provide, directly or indirectly, financing or financial
Article 2
assistance related to the equipment, technology and
software identified in Annex IV, to any person, entity
This Regulation shall enter into force on the day of its
or body in Iran or for use in Iran;
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, 23 March 2012.
For the Council
The President
C. ASHTON

L 87/28
EN
Official Journal of the European Union
24.3.2012
ANNEX I
List of persons referred to in point 2 of Article 1
Name Identifying
information Reasons
Date of
listing
1. ZARGHAMI
As Head of Islamic Republic of Iran Broadcasting 23.3.2012
Ezzatollah
(IRIB), he is responsible for all programming
decisions. IRIB has broadcast forced confessions
of detainees and a series of "show trials" in
August 2009 and December 2011. These
constitute a clear violation of international
provisions on fair trial and the right to due
process.
2. TAGHIPOUR
POB: Maragheh (Iran)
Minister for Information and Communications. 23.3.2012
Reza
DOB: 1957
As Minister for Information, he is one of the
top officials in charge of censorship and
control of internet activities and also all types
of communications (notably mobile phones).
During interrogations of political detainees, the
interrogators make use of the detainees' personal
data, mail and communications.
On several occasions following the last presi
dential election and during street demonstrations,
mobile lines and text messaging were blocked,
satellite TV channels were jammed and the
internet locally suspended or at least slowed
down.
3. KAZEMI
Toraj Colonel
of
the
technology
and
communications
23.3.2012
police, he recently announced a campaign for the
recruitment of government hackers in order to
achieve better control of information on the
internet and attack "dangerous" sites.
4. LARIJANI
Sadeq POB:
Najaf
(Iraq)
Head of the Judiciary. The Head of the Judiciary 23.3.2012
DOB: 1960 or August 1961 is required to consent to and sign off every qisas
(retribution), hodoud (crimes against God) and
ta'zirat (crimes against the state) punishment.
This includes sentences attracting the death
penalty, floggings and amputations. In this
regard, he has personally signed off numerous
death penalty sentences, contravening inter
national standards, including stoning (16 people
are currently under stoning sentence), executions
by suspension strangulation, execution of
juveniles, and public executions such as those
where prisoners have been hung from bridges
in front of crowds of thousands. He has also
permitted corporal punishment sentences such
as amputations and the dripping of acid into
the eyes of the convicted. Since Sadeq Larijani
took office, arbitrary arrests of political prisoners,
human rights defenders and minorities have
increased markedly. Executions have also
increased sharply since 2009. Sadeq Larijani
also bears responsibility for systemic failures in
the Iranian judicial process to respect the right to
a fair trial.

EN
24.3.2012 Official
Journal
of
the
European
Union L
87/29
Name Identifying
information Reasons
Date of
listing
5. MIRHEJAZI
Ali Deputy
Chief
of
the
Supreme
Leader's
Office
and
23.3.2012
Head of Security. Part of the Supreme Leader's
inner circle, responsible for planning the
suppression of protests which has been imple
mented since 2009.
6. SAEEDI
Ali
Representative of the Guide for the Pasdaran 23.3.2012
since 1995 after spending his whole career
within the institution of the military, and
specifically in the Pasdaran intelligence service.
This official role makes him the key figure in
the transmission of orders emanating from the
Office of the Guide to the Pasdaran's repression
apparatus.
7. RAMIN
POB: Dezful (Iran)
Main figure responsible for censorship as Vice- 23.3.2012
Mohammad-Ali
DOB: 1954
Minister in charge of the Press up to December
2010, he was directly responsible for the closure
of many reforming newspapers (Etemad, Etemad-
e Melli, Shargh, etc), closure of the Independent
Press Syndicate and the intimidation and arrest
of journalists.
8. MORTAZAVI
POB: Meibod (Iran)
Deputy Interior Minister for Political Affairs. 23.3.2012
Seyyed Solat
DOB: 1967
Responsible for directing repression of persons
who speak up in defence of their legitimate
rights, including freedom of expression.
9. REZVANI
Deputy Governor of Rasht. Responsible for grave 23.3.2012
Gholomani
violations of the right to due process.
10. SHARIFI
Malek
Head of the judiciary in East Azerbaijan. 23.3.2012
Ajdar
Responsible for grave violations of the right to
due process.
11. ELAHI
Mousa
Prosecutor of Tabriz. Responsible for directing 23.3.2012
Khalil
grave human rights violations of the right to
due process.
12. FAHRADI
Ali Prosecutor
of
Karaj.
Responsible
for
grave
23.3.2012
violation of human rights in demanding the
death sentence for a juvenile.
13. REZVANMANESH
Prosecutor. Responsible for grave violation of 23.3.2012
Ali
human rights in demanding the death sentence
for a juvenile.
14. RAMEZANI
Commander of IRGC Intelligence. Responsible 23.3.2012
Gholamhosein
for grave human rights violation of persons
who speak up in defence of their legitimate
rights, including freedom of expression. Heads
Department responsible for the arrest and
torture of bloggers/journalists.
15. SADEGHI
Colonel and Deputy of IRGC technical and cyber 23.3.2012
Mohamed
intelligence. Responsible for the arrests and
torture of bloggers/journalists.

L 87/30
EN
Official Journal of the European Union
24.3.2012
Name Identifying
information Reasons
Date of
listing
16. JAFARI
Reza Head
of
special
prosecution
of
cyber
crime.
In
23.3.2012
charge of arrests, detentions and prosecutions of
bloggers and journalists.
17. RESHTE-AHMADI
Deputy Prosecutor in Tehran. Runs Evin pros 23.3.2012
Bahram
ecution centre. Responsible for the denial of
rights, including visits and other prisoner's
rights, to human rights defenders and political
prisoners.

EN
24.3.2012 Official
Journal
of
the
European
Union L
87/31
ANNEX II
The following text shall be added as Annex III to Regulation (EU) No 359/2011:
"ANNEX III
List of equipment which might be used for internal repression as referred to in Article 1a
1. Fire-arms, ammunition and related accessories therefor, as follows:
1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List;
1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;
1.3 Weapon-sights not controlled by the Common Military List.
2. Bombs and grenades not controlled by the Common Military List.
3. Vehicles as follows:
3.1 Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;
3.2 Vehicles specially designed or modified to be electrified to repel borders;
3.3 Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic
protection;
3.4 Vehicles specially designed for the transport or transfer of prisoners and/or detainees;
3.5 Vehicles specially designed to deploy mobile barriers;
3.6 Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.
Note 1 This item does not control vehicles specially designed for the purposes of fire-fighting.
Note 2 For the purposes of item 3.5 the term "vehicles" includes trailers.
4. Explosive substances and related equipment as follows:
4.1 Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including
firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except
those specially designed for a specific commercial use consisting of the actuation or operation by explosive
means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag
inflaters, electric-surge arresters of fire sprinkler actuators);
4.2 Linear cutting explosive charges not controlled by the Common Military List;
4.3 Other explosives not controlled by the Common Military List and related substances as follows:
a. amatol;
b. nitrocellulose (containing more than 12,5 % nitrogen);
c. nitroglycol;
d. pentaerythritol tetranitrate (PETN);
e. picryl chloride;
f. 2,4,6-trinitrotoluene (TNT).
5. Protective equipment not controlled by ML 13 of the Common Military List as follows:
5.1 Body armour providing ballistic and/or stabbing protection;

L 87/32
EN
Official Journal of the European Union
24.3.2012
5.2 Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic
shields.
Note: This item does not control:
— equipment specially designed for sports activities;
— equipment specially designed for safety of work requirements.
6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms,
and specially designed software therefor.
7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common
Military List.
8. Razor barbed wire.
9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
10. Production equipment specially designed for the items specified in this list.
11. Specific technology for the development, production or use of the items specified in this list.".

EN
24.3.2012 Official
Journal
of
the
European
Union L
87/33
ANNEX III
The following text shall be added as Annex IV to Regulation (EU) No 359/2011:
"ANNEX IV
Equipment, technology and software referred to in Articles 1b and 1c
General Note
Notwithstanding the contents of this Annex, it shall not apply to:
(a) equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009 ( 1 ) or the
Common Military List; or
(b) software which is designed for installation by the user without further substantial support by the supplier and which
is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:
(i) over the counter transactions;
(ii) mail order transactions;
(iii) electronic transactions; or
(iv) telephone order transactions; or
(c) software which is in the public domain.
The categories A, B, C, D and E refer to the categories referred to in Regulation (EC) No 428/2009.
The 'equipment, technology and software' referred to in Article 1b is:
A. List of equipment
— Deep Packet Inspection equipment
— Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link
Intelligence equipment
— Radio Frequency monitoring equipment
— Network and Satellite jamming equipment
— Remote Infection equipment
— Speaker recognition/processing equipment
— IMSI ( 2 ), MSISDN ( 3 ), IMEI ( 4 ), TMSI ( 5 ) interception and monitoring equipment
( 1 ) 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 (OJ L 134, 29.5.2009, p. 1).
( 2 ) IMSI stands for International Mobile Subscriber Identity. It is a unique identification code for each mobile telephony device, integrated
in the SIM card and which allows identification of such SIM via GSM and UMTS networks.
( 3 ) MSISDN stands for Mobile Subscriber Integrated Services Digital Network Number. It is a number uniquely identifying a subscription in
a GSM or a UMTS mobile network. Simply put, it is the telephone number to the SIM card in a mobile phone and therefore it identifies
a mobile subscriber as well as IMSI, but to route calls through him.
( 4 ) IMEI stands for International Mobile Equipment Identity. It is a number, usually unique to identify GSM, WCDMA and IDEN mobile
phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone. interception
(wiretapping) can be specified by its IMEI number as well as IMSI and MSISDN.
( 5 ) TMSI stands for Temporary Mobile Subscriber Identity. It is the identity that is most commonly sent between the mobile and the
network.

L 87/34
EN
Official Journal of the European Union
24.3.2012
— Tactical SMS ( 1 ) /GSM ( 2 ) /GPS ( 3 ) /GPRS ( 4 ) /UMTS ( 5 ) /CDMA ( 6 ) /PSTN ( 7 ) interception and monitoring equipment
— DHCP ( 8 ) /SMTP ( 9 ), GTP ( 10 ) information interception and monitoring equipment
— Pattern Recognition and Pattern Profiling equipment
— Remote Forensics equipment
— Semantic Processing Engine equipment
— WEP and WPA code breaking equipment
— Interception equipment for VoIP proprietary and standard protocol
B. Not used
C. Not used
D. "Software" for the "development", "production" or "use" of the equipment specified in A above.
E. "Technology" for the "development", "production" or "use" of the equipment specified in A above.
Equipment, technology and software falling within these categories is within the scope of this Annex only to the extent
that it falls within the general description 'internet, telephone and satellite communications interception and monitoring
systems'.
For the purpose of this Annex 'monitoring' means acquisition, extraction, decoding, recording, processing, analysis and
archiving call content or network data.".
( 1 ) SMS stands for Short Message System.
( 2 ) GSM stands for Global System for Mobile Communications.
( 3 ) GPS stands for Global Positioning System.
( 4 ) GPRS stands for General Package Radio Service.
( 5 ) UMTS stands for Universal Mobile Telecommunication System.
( 6 ) CDMA stands for Code Division Multiple Access.
( 7 ) PSTN stands for Public Switch Telephone Networks.
( 8 ) DHCP stands for Dynamic Host Configuration Protocol.
( 9 ) SMTP stands for Simple Mail Transfer Protocol.
( 10 ) GTP stands for GPRS Tunnelling Protocol.

EN
24.3.2012 Official
Journal
of
the
European
Union L
87/35
ANNEX IV
Annex II to Regulation (EU) No 359/2011 shall be replaced by the following text:
"ANNEX II
Websites for information on the competent authorities and address for notifications to the European
Commission
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/en/pages/view/5519
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

L 87/36
EN
Official Journal of the European Union
24.3.2012
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/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
www.fco.gov.uk/competentauthorities
Address for notifications to the European Commission:
European Commission
Service for Foreign Policy Instruments (FPI)
Office EEAS 02/309
B-1049 Bruxelles/Brussel (Belgium)
E-mail: relex-sanctions@ec.europa.eu".

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版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准