Regulation 2011/359 - Restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran - Main contents
Contents
14.4.2011 EN Official Journal of the European Union L 100/1
(Non-legislative acts)
COUNCIL REGULATION (EU) No 359/2011 of 12 April 2011
concerning restrictive measures directed against certain persons, entities and bodies in view of the
situation in Iran
THE COUNCIL OF THE EUROPEAN UNION,
executions, stoning, hangings or executions of juvenile offenders in contravention of Iran’s international human rights obligations.
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(2) thereof, Having regard to Council Decision 2011/23 5/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (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 from the European Commission, |
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Whereas:
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personal data 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 (1) 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 (2). amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; (c) ‘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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(d) ‘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; |
HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘funds’ means financial assets and benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; |
(e) ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace. Article 2
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(ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; |
Article 3
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(vi) letters of credit, bills of lading, bills of sale;
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2.Annex I shall include the grounds for the listing of listed persons, entities and bodies concerned.
(vii) documents evidencing an interest in funds or financial resources; (b) ‘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, |
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Article 4
(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; |
(d) recognising the lien or judgment is not contrary to public policy in the Member State concerned.
Article 6
(a) interest or other earnings on those accounts; or |
(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services; |
(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 2 has been listed in Annex I, |
(c) intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or (d) necessary for extraordinary expenses, provided that the Member State concerned has notified all other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to the authorisation.
Article 5
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Article 7 By way of derogation from Article 2, and provided that a payment by a person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for the person, entity or body concerned, before the date on which that person, entity or body had been designated, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, if the following conditions are met: |
(a) the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person, entity or body referred to in Article 2 was listed in Annex I, or of a judicial, administrative or arbitral judgment rendered prior to that date;
(a) the competent authority concerned has determined that:
(b) the funds or economic resources in question 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;
(i) the funds or economic resources will be used for a payment by a person, entity or body listed in Annex I; and
(ii) the payment is not in breach of Article 2(2); and
(c) the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; and |
(b) the Member State concerned has, at least 2 weeks prior to granting the authorisation, notified the other Member States and the Commission of that determination and its intention to grant an authorisation. |
Article 8
Article 9
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Article 13
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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 2, to the competent authority in the Member State where they are resident or located, as indicated on the websites listed in Annex II, and shall transmit such information, either directly or through the Member States, to the Commission; and |
Article 14 Where there is, in this Regulation, 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. |
(b) cooperate with that competent authority in any verification of that information.
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Article 15 This Regulation shall apply: (a) within the territory of the Union, including its airspace; |
Article 10 Member States and the Commission shall immediately inform each other of 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 violations, enforcement problems and judgments handed down by national courts. Article 11 The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States. Article 12
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(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 16 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 Luxembourg, 12 April 2011.
For the Council The President C. ASHTON
ANNEX I
List of natural and legal persons, entities and bodies referred to in Article 2(1)
Persons |
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Name |
Identifying information |
Reasons |
Date of listing |
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9. |
NAQDI Mohammad-Reza |
POB: Najaf (Iraq) -DOB: Circa 1952 |
Commander of the Basij. As commander of the IRGC’s Basij Forces, Naqdi was responsible for or complicit in Basij abuses occurring in late 2009, including the violent response to the December 2009 Ashura Day protests, which resulted in up to 15 deaths and the arrests of hundreds of protesters. Prior to his appointment as commander of the Basij in October 2009, Naqdi was the head of the intelligence unit of the Basij responsible for interrogating those arrested during the postelection crackdown. |
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10. |
RADAN Ahmad-Reza |
POB: Isfahan (Iran) -DOB:1963 |
Deputy Chief of Iran’s National Police. As Deputy Chief of National Police since 2008, Radan was responsible for beatings, murder, and arbitrary arrests and detentions against protestors that were committed by the police forces. |
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11. |
RAJABZADEH Azizollah |
Former Head of Tehran Police (until January 2010). As Commander of the Law Enforcement Forces in the Greater Tehran, Azizollah Rajabzadeh is the highest ranking accused in the case of abuses in Kahrizak Detention Center. |
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12. |
SAJEDI-NIA Hossein |
Head of Tehran Police, former Deputy Chief of Iran’s National Police responsible for Police Operations. He is in charge of coordinating, for the Ministry of Interior, repression operations in the Iranian capital. |
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13. |
TAEB Hossein |
POB: Tehran - DOB: 1963 |
Former Commander of the Basij (until October 2009). Currently deputy IRGC commander for intelligence. Forces under his command participated in mass beatings, murders, detentions and tortures of peaceful protestors. |
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14. |
SHARIATI Seyeed Hassan |
Head of Mashhad Judiciary. Trials under his supervision have been conducted summarily and inside closed sessions, without adherence to basic rights of the accused, and with reliance on confessions extracted under pressure and torture. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures. |
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15. |
DORRI-NADJAFABADI Ghorban-Ali |
POB: Najafabad (Iran)
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Former Prosecutor General of Iran until September 2009 (former Intelligence minister under Khatami presidency). As Prosecutor General of Iran, he ordered and supervised the show trials following the first post-election protests, where the accused were denied their rights, an attorney. He also carries responsibility for the Kahrizak abuses.. |
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16. |
HADDAD Hassan (alias Hassan ZAREH DEHNAVI) |
Judge, Tehran Revolutionary Court, branch 26. He was charge of the detainee cases related to the post election crises and regularly threatened families of detainees in order to silence them. He has been instrumental in issuing detention orders to the Kahrizak Detention Centre. |
Name |
Identifying information |
Reasons |
Date of listing |
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17. |
Hodjatoleslam Seyed Mohammad SOLTANI |
Judge, Mashhad Revolutionary Court. Trials under his jurisdiction have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures. |
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18. |
HEYDARIFAR Ali-Akbar |
Judge, Tehran Revolutionary Court. He participated in protesters trial. He was questioned by the Judiciary about Kahrizak exactions. He was instrumental in issuing detention orders to consign detainees to Kahrizak Detention Centre |
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19. |
JAFARI-DOLATABADI Abbas |
Prosecutor general of Tehran since August 2009. Dolatabadi’s office indicted a large number of protesters, including individuals who took part in the December 2009 Ashura Day protests. He ordered the closure of Karroubi’s office in September 2009 and the arrest of several reformist politicians, and he banned two reformist political parties in June 2010. His office charged protesters with the charge of Muharebeh, or enmity against God, which carries a death sentence, and denied due process to those facing the death sentence. His office has also targeted and arrested reformists, human rights activists, and members of the media, as part of a broad crackdown on the political opposition. |
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20. |
MOGHISSEH Mohammad (a.k.a. NASSERIAN) |
Judge, Head of Tehran Revolutionary Court, branch 28. He is in charge of post-election cases. He issued long prison sentences during unfair trials for social, political activists and journalists and several death sentences for protesters and social and political activists. |
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21. |
MOHSENI-EJEI Gholam-Hossein |
POB: Ejiyeh -DOB: circa 1956 |
Prosecutor General of Iran since September 2009 and spokesman of the Judiciary (former Intelligence minister during the 2009 elections). While he was Intelligence minister during the election, intelligence agents under his command were responsible for detention, torture and extraction of false confessions under pressure from hundreds of activists, journalists, dissidents, and reformist politicians. In addition, political figures were coerced into making false confessions under unbearable interrogations, which included torture, abuse, blackmail, and the threatening of family members. |
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22. |
MORTAZAVI Said |
POB: Meybod, Yazd (Iran) - DOB: 1967 |
Head of Iran’s Anti-smuggling Task Force, former Prosecutor general of Tehran until August 2009. As Tehran Prosecutor General, he issued a blanket order used for detention of hundreds of activists, journalists and students. He was suspended from office in August 2010 after an investigation by the Iranian judiciary of his role in the deaths of three men detained on his orders following the election. |
Name |
Identifying information |
Reasons |
Date of listing |
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23. |
PIR-ABASSI Abbas |
Tehran Revolutionary Court, branches 26 and 28. He is in charge of post-election cases, he issued long prison sentences during unfair trials against human rights activists and has issued several death sentences for protesters. |
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24. |
MORTAZAVI Amir |
Deputy Prosecutor of Mashhad. Trials under his prosecution have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures. |
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25. |
SALAVATI Abdolghassem |
Judge, Head of Tehran Revolutionary Court, branch 15. In charge of the post-election cases, he was the Judge presiding the “show trials” in summer 2009, he condemned to death two monarchists that appeared in the show trials. He has sentenced more than a hundred political prisoners, human rights activists and demonstrators to lengthy prison sentences. |
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26. |
SHARIFI Malek Adjar |
Head of East Azerbaidjan Judiciary. He was responsible for Sakineh Mohammadi-Ashtiani’s trial. |
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27. |
ZARGAR Ahmad |
Judge, Tehran Appeals Court, branch 36. He confirmed long-term jail warrants and death warrants against protesters. |
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28. |
YASAGHI Ali-Akbar |
Judge, Mashhad Revolutionary Court. Trials under his jurisdiction have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures. |
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29. |
BOZORGNIA Mostafa |
Head of ward 350 of Evin Prison. He unleashed on a number of occasions disproportionate violence upon prisoners. |
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30. |
ESMAILI Gholam-Hossein |
Head of Iran’s Prisons Organisation. In this capacity, he was complicit to the massive detention of political protesters and covering up abuses performed in the jailing system. |
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31. |
SEDAQAT Farajollah |
Assistant Secretary of the General Prison Administration in Tehran - Former Head of Evin’s prison, Tehran until October 2010 during which time torture took place. He was warden and threatened and exerted pressure on prisoners numerous times. |
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32. |
ZANJIREI Mohammad-Ali |
As Deputy Head of Iran’s Prisons Organisation, responsible for abuses and deprivation of rights in detention center. He ordered the transfer of many inmates into solitary confinement. |
ANNEX II
List of competent authorities in the Member States referred to in Articles 4(1), 5(1), 7 and 9(1), and address for
notifications to the European Commission
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A.Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/bg/pages/view/5519 CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
SPAIN
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
LUXEMBOURG
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.minbuza.nl/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
UNITED KINGDOM www.fco.gov.uk/competentauthorities
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B.Address for notifications to or other communication with the European Commission:
European Commission
Foreign Policy Instruments Service
CHAR 12/106
1049 Bruxelles/Brussel
BELGIUM
E-mail: relex-sanctions@ec.europa.eu Tel.: +32 22955585 Fax: +32 22990873
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1)OJ L 8, 12.1.2001, p. 1.
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(2)OJ L 281, 23.11.1995, P. 31.
This summary has been adopted from EUR-Lex.