Regulation 2012/267 - Restrictive measures against Iran - Main contents

EN

Official Journal of the European Union

L 88/1

On 25 October 2010, the Council adopted Regulation (EU) No 961/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (2), in order to give effect to Council Decision 2010/413/CFSP (3).

On 23 January 2012, the Council approved Decision 2012/35/CFSP providing for additional restrictive measures against the Islamic Republic of Iran (‧Iran‧) as requested by the European Council on 9 December 2011.

Those restrictive measures comprise, in particular, additional restrictions on trade in dual-use goods and technology, as well as on key equipment and technology which could be used in the petrochemical industry, a ban on the import of Iranian crude oil, petroleum products and petrochemical products, as well as a prohibition of investment in the petrochemical industry. Moreover, trade in gold, precious metals and diamonds with the Government of Iran, as well as the delivery of newly printed banknotes and coinage to or for the benefit of the Central Bank of Iran, should be prohibited.

Certain technical amendments to existing measures have also become necessary. In particular, the definition of "brokering services" should be clarified. In cases where the purchase, sale, supply, transfer or export of goods and technology or of financial and technical services may be authorised by a competent authority no separate authorisation of related brokering services will be required.

The definition of "transfers of funds" should be broadened to non-electronic transfers so as to counter attempts at circumventing the restrictive measures.

The revised restrictive measures concerning dual-use goods should cover all goods and technology set out in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (4), with the exception of certain items in Part 2 of category 5 thereof in view of their use in public communication services in Iran. However, the prohibitions in Article 2 of this Regulation do not apply to the sale, supply, transfer or export of goods and technology newly listed in Annex I or II of this Regulation for which an authorisation has already been granted by the competent authorities of the Member States pursuant to Article 3 of Regulation (EU) No 961/2010 prior to the entry into force of this Regulation.

In order to ensure the effective implementation of the prohibition on the sale, supply, transfer or export to Iran of certain key equipment or technology which could be used in the key sectors of the oil, natural gas and petrochemical industries, lists of such key equipment and technology should be provided.

For the same reason, lists of items subject to trade restrictions on crude oil and petroleum products, petrochemical products, gold, precious metals and diamonds should also be provided.

In addition, to be effective, restrictions on investment in the Iranian oil and gas sector should cover certain key activities, such as bulk gas transmission services for the purpose of transit or delivery to directly interconnected grids, and, for the same reason, should apply to joint ventures as well as other forms of associations and cooperation with Iran in the sector of the transmission of natural gas.

Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit natural or legal persons, entities and bodies subject to the jurisdiction of the Member States from enabling or authorising such investment.

Decision 2012/35/CFSP also extends the freezing of assets to additional persons, entities or bodies providing support to the Government of Iran, including financial, logistical and material support, or associated with them. The Decision also extends the freezing measures to other members of the Islamic Revolutionary Guard Corps (IRGC).

Decision 2012/35/CFSP also provides for the freezing of the assets of the Central Bank of Iran. However, in consideration of possible involvement of the Central Bank of Iran in the financing of foreign trade, derogations are deemed necessary as this targeted financial measure should not prevent trade operations, including contracts relating to foodstuffs, healthcare, medical equipment or for humanitarian purposes in accordance with the provisions of this Regulation. The exemptions in Articles 12 and 14 of this Regulation concerning contracts for the import, purchase or transport of Iranian crude oil, petroleum products and petrochemical products concluded before 23 January 2012 also apply to ancillary contracts, including transport, insurance or inspections contracts necessary for the execution of such contracts. Furthermore, Iranian crude oil, petroleum products and petrochemical products which are legally imported into a Member State pursuant to the exemptions in Articles 12 and 14 of this Regulation are to be considered as being in free circulation within the Union..

It is prohibited, pursuant to the obligation to freeze the assets of Islamic Republic of Iran Shipping Line (IRISL) and of entities owned or controlled by IRISL to load and unload cargoes on and from vessels owned or chartered by IRISL or by such entities in ports of Member States. Moreover, the transfer of ownership of vessels owned, controlled or chartered by IRISL companies to other entities is also prohibited pursuant to the freezing of IRISL's assets. However, the obligation to freeze the funds and economic resources of IRISL and of entities owned or controlled by IRISL does not require the impounding or detention of vessels owned by such entities or the cargoes carried by them insofar as such cargoes belong to third parties, nor does it require the detention of the crew contracted by them.

In consideration of Iran's attempts at circumventing the sanctions, it should be clarified that all funds and economic resources belonging to, owned, held or controlled by persons, entities or bodies listed in Annexes I or II to Decision 2010/413/CFSP are to be frozen without delay, including those of successor entities established to circumvent the measures set out in this Regulation.

It should also be clarified that submitting and forwarding the necessary documents to a bank for the purpose of their final transfer to a person, entity or body that is not listed, to trigger payments allowed under this Regulation, does not constitute making funds available within the meaning of this Regulation.

It should be clarified that funds or economic resources should be able to be released for the official purposes of diplomatic or consular missions or international organisations enjoying immunities in accordance with international law, in conformity with the provisions of this Regulation.

The application of targeted financial measures by providers of specialised financial messaging services should be further developed, in conformity with the provisions of this Regulation.

It should be clarified that the assets of non-designated persons, entities or bodies held at designated credit and financial institutions should not remain frozen in application of the targeted financial measures and should be able to be released under the conditions provided for in this Regulation.

In consideration of Iran's attempts at using its financial system for the purpose of circumventing the sanctions, it is necessary to require enhanced vigilance in relation to the activities of Iran's credit and financial institutions so as to prevent circumvention of this Regulation, including the freezing of the assets of the Central Bank of Iran. These enhanced vigilance requirements for credit and financial institutions should be complementary to existing obligations deriving from Regulation (EC) 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (5) and from the implementation of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (6).

Certain provisions regarding the controls of funds transfers should be reviewed in order to facilitate their application by competent authorities and operators and to prevent circumvention of the provisions of this Regulation, including the freezing of the assets of the Central Bank of Iran.

Furthermore, the restrictions on insurance should be adjusted, in particular with a view to clarifying that the insurance of diplomatic and consular missions within the Union is permitted, and to allow for the provision of third party liability insurance or environmental liability insurance.

Moreover, the requirement to submit pre-arrival and pre-departure information should be updated, since this obligation has become generally applicable to all goods entering or leaving the customs territory of the Union following the full implementation as from 1 January 2012 of the customs security measures laid down in the relevant provisions concerning entry and exit summary declarations in Regulation (EEC) No 2913/92 (7) and in Regulation (EEC) No 2454/93 (8).

Adjustments should also be made concerning the provision of bunkering and ship supply services, the liability of operators and the prohibition of the circumvention of the relevant restrictive measures.

The mechanisms for exchange of information between Member States and the Commission should be reviewed so as to ensure the effective implementation and uniform interpretation of this Regulation.

In consideration of its objectives, the ban on internal repression equipment should be provided for under Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (9), rather than under this Regulation.

For the sake of clarity, Regulation (EU) No 961/2010 should be repealed and replaced by this Regulation.

The restrictive measures provided for in this Regulation fall within the scope of the Treaty on the Functioning of the European Union and legislation at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to an effective remedy and to a fair trial, the right to property and the right to protection of personal data. This Regulation should be applied in accordance with those rights and principles.

This Regulation also respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Resolutions of the United Nations Security Council.

The procedure for the designation of persons subject to freezing measures under this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person, entity or body concerned accordingly.

For the implementation of this Regulation, and to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with the Regulation, should be made public. Any processing of personal data of natural persons under this Regulation should be in conformity with 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 (10) 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 (11).

In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day of its publication,

‧branch‧ of a financial or credit institution means a place of business which forms a legally dependent part of a financial or credit institution and which carries out directly all or some of the transactions inherent in the business of financial or credit institutions;

‧brokering services‧ means:

‧claim‧ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:

‧contract or transaction‧ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‧contract‧ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

‧competent authorities‧ refers to the competent authorities of the Member States as identified on the websites listed in Annex X;

‧credit institution‧ means a credit institution as defined in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (12), including its branches inside or outside the Union;

‧customs territory of the Union‧ means the territory as defined in Article 3 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (13) and in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 (14);

‧economic resources‧ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but which may be used to obtain funds, goods or services;

‧financial institution‧ means

including its branches inside or outside the Union;

‧freezing of economic resources‧ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

‧freezing of funds‧ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;

‧funds‧ means financial assets and benefits of every kind, including, but not limited to:

‧goods‧ includes items, materials and equipment;

‧insurance‧ means an undertaking or commitment whereby one or more natural or legal persons is or are obliged, in return for a payment, to provide one or more other persons, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;

‧Iranian person, entity or body‧ means:

‧reinsurance‧ means the activity consisting in accepting risks ceded by an insurance undertaking or by another reinsurance undertaking or, in the case of the association of underwriters known as Lloyd's, the activity consisting in accepting risks, ceded by any member of Lloyd's, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd's;

‧Sanctions Committee‧ means the Committee of the United Nations Security Council which was established pursuant to paragraph 18 of United Nations Security Council Resolution ("UNSCR") 1737 (2006);

‧technical assistance‧ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;

‧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;

‧transfer of funds‧ means:

Iran's enrichment-related, reprocessing or heavy water-related activities;

the development of nuclear weapon delivery systems by Iran; or

the pursuit by Iran of activities related to other topics about which the IAEA has expressed concerns or has identified as outstanding.

to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List, or related to the provision, manufacture, maintenance and use of goods included in that list, to any Iranian person, entity or body or for use in Iran;

to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annex I or II, or related to the provision, manufacture, maintenance and use of goods listed in Annex I or II, to any Iranian person, entity or body or for use in Iran; and

to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or in Annex I or II, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any Iranian person, entity or body or for use in Iran.

technical assistance or brokering services related to goods and technology listed in Annex III and to the provision, manufacture, maintenance and use of those items, directly or indirectly to any Iranian person, entity or body or for use in Iran;

financing or financial assistance related to goods and technology referred to in Annex III, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of those items, or for any provision of related technical assistance, directly or indirectly, to any Iranian person, entity or body or for use in Iran.

Iran's enrichment-related, reprocessing or heavy water-related activities;

the development of nuclear weapon delivery systems by Iran; or

the pursuit by Iran of activities related to other topics about which the IAEA has expressed concerns or has identified as outstanding.

the direct or indirect transfer of goods falling within Part B of Annex I, through the territories of Member States when those goods are sold, supplied, transferred or exported to, or for use in, Iran for a light water reactor in Iran the construction of which has begun before December 2006;

transactions mandated by the IAEA technical cooperation programme; or

goods supplied or transferred to, or for use in, Iran due to obligations of State Parties under the Paris Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction of 13 January 1993.

the goods and technology, assistance or brokering services are for food, agricultural, medical or other humanitarian purposes; and

in those cases where the transaction concerns goods or technology contained in the Nuclear Suppliers Group or Missile Technology Control Regime lists, the Sanctions Committee has determined in advance and on a case-by-case basis that the transaction would clearly not contribute to the development of technologies in support of Iran's proliferation-sensitive nuclear activities, or to the development of nuclear weapon development delivery systems.

exploration of crude oil and natural gas;

production of crude oil and natural gas;

refining;

liquefaction of natural gas.

to provide, directly or indirectly, technical assistance or brokering services related to the key equipment and technology listed in Annex VI, or related to the provision, manufacture, maintenance and use of goods listed in Annex VI, to any Iranian person, entity or body or for use in Iran.

to provide, directly or indirectly, financing or financial assistance related to the key equipment and technology listed in Annex VI, to any Iranian person, entity or body or for use in Iran.

transactions required by a trade contract concerning key equipment or technology in the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, liquefaction of natural gas concluded before 27 October 2010, or ancillary contracts necessary for the execution of such contracts, or by a contract or agreement concluded before 26 July 2010 and relating to an investment in Iran made before 26 July 2010, nor shall they prevent the execution of an obligation arising there from; or

transactions required by a trade contract concerning key equipment or technology for the petrochemical industry concluded before 24 March 2012, or of ancillary contracts necessary for the execution of such contracts, or by a contract or agreement concluded before 23 January 2012 and relating to an investment in Iran made before 23 January 2012, nor shall they prevent the execution of an obligation arising therefrom;

to import crude oil or petroleum products into the Union if they:

to purchase crude oil or petroleum products which are located in or which originated in Iran;

to transport crude oil or petroleum products if they originate in Iran, or are being exported from Iran to any other country; and

to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance related to the import, purchase or transport of crude oil and petroleum products of Iranian origin or that have been imported from Iran.

the execution until 1 July 2012, of trade contracts concluded before 23 January 2012, or of ancillary contracts necessary for the execution of such contracts;

the execution of contracts concluded before 23 January 2012, or of ancillary contracts, necessary for the execution of such contracts, where such a contract specifically provides that the supply of Iranian crude oil and petroleum products or the proceeds derived from their supply are for the reimbursement of outstanding amounts to persons, entities or bodies under the jurisdiction of Member States,

the import, purchase and transport of crude oil or petroleum products which had been exported from Iran prior to 23 January 2012, or where the export was made pursuant to point (a) on or prior to 1 July 2012; or where the export was made pursuant to point (b);

to import petrochemical products into the Union if they:

to purchase petrochemical products which are located in or which originated in Iran;

to transport petrochemical products if they originate in Iran, or are being exported from Iran to any other country; and

to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance related to the import, purchase or transport of petrochemical products of Iranian origin or that have been imported from Iran.

the execution until 1 May 2012, of trade contracts concluded before 23 January 2012, or of ancillary contracts necessary for the execution of such contracts;

the execution of contracts concluded before 23 January 2012, or of ancillary contracts, including transport or insurance contracts, necessary for the execution of such contracts, where a contract specifically provides that the supply of Iranian petrochemical products or the proceeds derived from their supply are for the reimbursement of outstanding amounts to persons, entities or bodies under the jurisdiction of Member States;

the import, purchase and transport of petrochemical products which had been exported from Iran prior to 23 January 2012, or where the export was made pursuant to point (b), on or prior to 1 May 2012,

to sell, supply, transfer or export, directly or indirectly, gold, precious metals and diamonds, as listed in Annex VII, whether or not originating in the Union, to the Government of Iran, its public bodies, corporations and agencies, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them;

to purchase, import or transport, directly or indirectly, gold, precious metals and diamonds, as listed in Annex VII, whether the item concerned originates in Iran or not, from the Government of Iran, its public bodies, corporations and agencies and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them; and

to provide, directly or indirectly, technical assistance or brokering services, financing or financial assistance, related to the goods referred to in points (a) and (b), to the Government of Iran, its public bodies, corporations and agencies and any person, entity or body acting on their behalf or at their direction, or any enty or body owned or controlled by them.

the granting of any financial loan or credit to any Iranian person, entity or body referred to in paragraph 2;

the acquisition or extension of a participation in any Iranian person, entity or body referred to in paragraph 2;

the creation of any joint venture with any Iranian person, entity or body referred to in paragraph 2.

in the manufacture of goods or technology listed in the Common Military List or in Annex I or II;

in the exploration or production of crude oil and natural gas, the refining of fuels or the liquefaction of natural gas; or

in the petrochemical industry.

‧exploration of crude oil and natural gas‧ includes the exploration for, prospection of and management of crude oil and natural gas reserves, as well as the provision of geological services in relation to such reserves;

‧production of crude oil and natural gas‧ includes bulk gas transmission services for the purpose of transit or delivery to directly interconnected grids;

‧refining‧ means the processing, conditioning or preparation for the ultimately final sale of fuels.

‧petrochemical industry‧ means production plants for the manufacturing of items in Annex V.

the sharing of investment costs in an integrated or managed supply chain for the receipt or delivery of natural gas directly from or to the territory of Iran; and

direct cooperation for the purpose of investing in liquefied natural gas facilities within the territory of Iran or in liquefied natural gas facilities directly connected thereto.

Iran's enrichment-related, reprocessing or heavy water-related activities;

the development of nuclear weapon delivery systems by Iran; or

the pursuit by Iran of activities related to other topics about which the IAEA has expressed concerns or has identified as outstanding.

the investment is for food, agricultural, medical or other humanitarian purposes; and

in those cases where the investment is made in an Iranian person, entity or body engaged in the manufacture of goods or technology contained in the Nuclear Suppliers Group and Missile Technology Control Regime lists, the Sanctions Committee has determined in advance and on a case-by-case basis that the transaction would clearly not contribute to the development of technologies in support of Iran's proliferation-sensitive nuclear activities, or to the development of nuclear weapon development delivery systems.

the transaction is required by an agreement or contract concluded before 26 July 2010; and

the competent authority has been informed at least 20 working days in advance of that agreement or contract.

the transaction is required by an agreement or contract concluded before 23 January 2012; and

the competent authority has been informed at least 20 working days in advance of that agreement or contract.

uranium mining,

uranium enrichment and reprocessing of uranium;

the manufacture of goods or technology included in the Nuclear Suppliers Group or Missile Technology Control Regime lists.

being engaged in, directly associated with, or providing support for Iran's proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems by Iran, including through involvement in the procurement of prohibited goods and technology, or being owned or controlled by such a person, entity or body, including through illicit means, or acting on their behalf or at their direction;

being a natural or legal person, entity or body that has assisted a listed person, entity or body to evade or violate the provisions of this Regulation, Council Decision 2010/413/CFSP or UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010);

being a member of the Islamic Revolutionary Guard Corps or a legal person, entity or body owned or controlled by the Islamic Revolutionary Guard Corps or by one of more of its members, or natural or legal persons acting on their behalf;

being other persons, entities or bodies that provide support, such as material, logistical or financial support, to the Government of Iran, and persons and entities associated with them;

being a legal person, entity or body owned or controlled by the Islamic Republic of Iran Shipping Lines (IRISL), or acting on their behalf.

the funds or economic resources are the subject of a judicial, administrative or arbitral lien established before the date on which the person, entity or body referred to in Article 23 has been designated by the Sanctions Committee, the Security Council or the Council or of a judicial, administrative or arbitral judgment rendered prior to that date;

the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

the lien or judgment is not for the benefit of a person, entity or body listed in Annex VIII or IX;

recognising the lien or judgment is not contrary to public policy in the Member State concerned; and

where Article 23(1) applies, the Sanctions Committee has been notified by the Member State of the lien or judgment.

the competent authority concerned has determined that:

where Article 23(1) applies, the Member State concerned has notified the Sanctions Committee of that determination and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within ten working days of notification.

the competent authority concerned has determined that the funds or economic resources are:

where the authorisation concerns a person, entity or body listed in Annex VIII, the Member State concerned has notified the Sanctions Committee of the determination referred to in point (a) and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within five working days of notification.

the making available of certain funds to the Central Bank of Iran, after having determined that the funds are necessary for the execution, until 1 July 2012, of a contract referred to in Article 12;

the release of certain frozen funds or economic resources of the Central Bank of Iran or the making available of certain funds or economic resources to the Central Bank of Iran, after having determined that the funds or economic resources are necessary for the purpose of providing credit or financial institutions with liquidity for the financing of trade, or the servicing of trade loans; or

the release of certain frozen funds or economic resources held by the Central Bank of Iran or the making available of certain funds or economic resources to the Central Bank of Iran, after having determined on a case-by-case basis, that the funds or economic resources are necessary in connection with a specific trade contract other than contracts referred to in paragraph (a), the execution of which may involve the Central Bank of Iran, provided that the payment will not contribute to an activity prohibited under this Regulation,

interest or other earnings on those accounts; or

payments due under contracts, agreements or obligations that were concluded or arose before the date on which the person, entity or body referred to in Article 23 has been designated by the Sanctions Committee, the Security Council or by the Council;

transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for humanitarian purposes shall be carried out without any prior authorisation. The transfer shall be notified in advance in writing to the competent authorities if above EUR 10 000 or equivalent;

any other transfer below EUR 40 000 shall be carried out without any prior authorisation. The transfer shall be notified in advance in writing to the competent authorities if above EUR 10 000 or equivalent;

any other transfer of or above EUR 40 000 or equivalent shall require a prior authorisation of the competent authorities.

a series of consecutive transfers from or to the same Iranian person, entity or body which are made in connection with a single obligation to a transfer of funds, where each individual transfer falls below the threshold set out in paragraph 1 but which, in the aggregate, meet the criteria for notification or authorisation; or

a chain of transfers involving different payment service providers or natural or legal persons which effects a single obligation to make a transfer of funds.

In the case of electronic transfers of funds processed by credit or financial institutions, notifications and requests for authorisation relating to the transfer of funds shall be processed as follows:

In the case of transfers of funds which are effected by non-electronic means, notifications and requests for authorisation relating to the transfer of funds shall be processed as follows:

exercise continuous vigilance over account activity, particularly through their programmes on customer due diligence;

require that in payment instructions all information fields which relate to the originator and beneficiary of the transaction in question be completed and if that information is not supplied, refuse the transaction;

maintain all records of transactions for a period of five years and make them available to national authorities on request;

if they have reasonable grounds to suspect that activities with credit and financial institutions may be in breach of the provisions of this Regulation, report without delay their suspicions to the financial intelligence unit (FIU) or to another competent authority designated by the Member State concerned, without prejudice to Articles 5 and 23. The FIU or such other competent authority will serve as a national centre for receiving and analysing suspicious transaction reports regarding potential breaches of this Regulation. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to properly undertake this function, including the analysis of suspicious transaction reports.

bureaux de change, credit and financial institutions domiciled in Iran;

branches and subsidiaries, where they fall within the scope of Article 49, of credit and financial institutions and bureaux de change domiciled in Iran;

branches and subsidiaries, where they do not fall within the scope of Article 49, of credit and financial institutions and bureaux de change domiciled in Iran; and

bureaux de change, credit and financial institutions that are not domiciled in Iran but are controlled by persons and entities domiciled in Iran.

to open a new bank account with a credit or financial institution domiciled in Iran or with any credit or financial institution referred to in Article 32(2);

to establish a new correspondent banking relationship with a credit or financial institution domiciled in Iran or with any credit or financial institution referred to in Article 32(2),

to open a new representative office in Iran or to establish a new branch or subsidiary in Iran;

to establish a new joint venture with a credit or financial institution domiciled in Iran or with any credit or financial institution referred to in Article 32(2).

to authorise the opening of a representative office or the establishment of a branch or subsidiary in the Union of a credit or financial institution domiciled in Iran or of any credit or financial institution referred to in Article 32(2);

to conclude agreements for, or on behalf of, a credit or financial institution domiciled in Iran or for, or on behalf of, any credit or financial institution referred to in Article 32(2) pertaining to the opening of a representative office or the establishment of a branch or subsidiary in the Union;

to grant an authorisation for taking up and pursuing the business of credit institution or for any other business requiring prior authorisation, by a representative office, branch or subsidiary of a credit or financial institution domiciled in Iran or of any credit or financial institution referred to in Article 32(2), if the representative office, branch or subsidiary was not operational before 26 July 2010.

to acquire or to extend a participation, or to acquire any other ownership interest, in a credit or financial institution falling within the scope of Article 49 by any credit or financial institution referred to in Article 32(2).

to sell or purchase public or public-guaranteed bonds issued after 26 July 2010, directly or indirectly, to or from any of the following:

to provide brokering services with regard to public or public-guaranteed bonds issued after 26 July 2010 to a person, entity or body referred to in point (a);

to assist a person, entity or body referred to in point (a) in order to issue public or public-guaranteed bonds, by providing brokering services, advertising or any other service with regard to such bonds.

Iran or its Government, and its public bodies, corporations and agencies;

an Iranian person, entity or body other than a natural person; or

a natural person or a legal person, entity or body when acting on behalf or at the direction of a legal person, entity or body referred to in (a) or (b).

designated persons, entities or bodies listed in Annexes VIII and IX;

any other Iranian person, entity or body, including the Iranian government;

any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a) and (b).

supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 23, to the competent authorities of the Member States where they are resident or located, and shall transmit such information, directly or through the Member States, to the Commission;

cooperate with the competent authorities in any verification of this information.

in respect of funds frozen under Article 23 and authorisations granted under Articles 24, 25, 26 and 27;

in respect of violations and enforcement problems and judgments issued by national courts.

amend Annex II on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee or on the basis of information supplied by Member States;

amend Annexes III, IV, V, VI, VII and X on the basis of information supplied by Member States.

within the territory of the Union, including its airspace;

on board any aircraft or any vessel under the jurisdiction of a Member State;

to any person inside or outside the territory of the Union who is a national of a Member State;

to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

Unless otherwise stated, reference numbers used in the column entitled ‧Description‧ refer to the descriptions of dual-use items and technology set out in Annex I to Regulation (EC) No 428/2009.

A reference number in the column entitled ‧Related item from Annex I to Regulation (EC) No 428/2009‧ means that the characteristics of the item described in the column ‧Description‧ lie outside the parameters set out in the description of the dual-use entry referred to.

Definitions of terms between ‧single quotation marks‧ are given in a technical note to the relevant item.

Definitions of terms between "double quotation marks" can be found in Annex I to Regulation (EC) No 428/2009.

The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

The goods specified in this Annex include both new and used goods.

The sale, supply, transfer or export of "technology" which is "required" for the "development", "production" or "use" of goods the sale, supply, transfer or export of which is prohibited in Part A (Goods) below, is prohibited in accordance with the provisions of Section II.B.

The sale, supply, transfer or export of "technology" which is "required" for the "development" or "production" of goods the sale, supply, transfer or export of which is controlled in Part A (Goods) of Annex IV, is prohibited in accordance with the provisions of Section II.B.

The "technology""required" for the "development", "production" or "use" of prohibited goods remains under prohibition even when applicable to non-prohibited goods.

Prohibitions do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited or the export of which has been authorised in accordance with Regulation (EC) No 423/2007 or this Regulation.

Prohibitions on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.

Unless otherwise stated, reference numbers used in the column below entitled ‧Description‧ refer to the descriptions of dual use items and technology set out in Annex I to Regulation (EC) No 428/2009.

A reference number in the column below entitled ‧Related item from Annex I to Regulation (EC) No 428/2009‧ means that the characteristics of the item described in the ‧Description‧ column lie outside the parameters set out in the description of the dual use entry referred to.

Definitions of terms between ‧single quotation marks‧ are given in a technical note to the relevant item.

Definitions of terms between "double quotation marks" can be found in Annex I to Regulation (EC) No 428/2009.

The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components is/are the principal element of the goods and can feasibly be removed or used for other purposes.

The goods specified in this Annex include both new and used goods.

The sale, supply, transfer or export of "technology" which is "required" for the "use" of goods the sale, supply, transfer or export of which is controlled in Part A (Goods) below, is controlled in accordance with the provisions of Section III.B.

The sale, supply, transfer or export of "technology" which is "required" for the "development" or "production" of goods the sale, supply, transfer or export of which is controlled in Part A (Goods) below, is prohibited in accordance with the provisions of Annex II, Section II.B.

The "technology""required" for the "use" of goods under control remains under control even when it is applicable to non-controlled goods.

Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or the export of which has been authorised in accordance with Regulation (EC) No 423/2007 or This Regulation.

Controls on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.

The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

The goods specified in this Annex include both new and used goods.

Definitions of terms between ‧single quotation marks‧ are given in a technical note to the relevant item.

Definitions of terms between "double quotation marks" can be found in Annex I to Regulation (EC) No 428/2009.

The "technology""required" for the "development", "production" or "use" of prohibited goods remains under prohibition even when applicable to non-prohibited goods.

Prohibitions do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited or the export of which has been authorised in accordance with Regulation (EC) No 423/2007 or this Regulation.

Prohibitions on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.

Geophysical survey equipment, vehicles, vessels and aircraft specially designed or adapted to acquire data for oil and gas exploration and specially designed components therefore.

Sensors specially designed for downhole well operations in oil and gas wells, including sensors used for measurement whilst drilling and the associated equipment specially designed to acquire and store data from such sensors.

Drilling equipment designed to drill rock formations, specifically for the purpose of exploring for, or producing oil, gas and other naturally occurring, hydrocarbon materials.

Drill bits, drill pipes, drill collars, centralisers and other equipment, specially designed for use in and with oil and gas well drilling equipment.

Drilling wellheads, ‧blowout preventers‧ and ‧Christmas or production trees‧ and the specially designed components thereof, meeting the ‧API and ISO specifications‧ for use with oil and gas wells.

Technical Notes:

Drilling and production platforms for crude oil and natural gas.

Vessels and barges incorporating drilling and/or petroleum processing equipment used for producing oil, gas and other naturally occurring flammable materials.

Liquid/gas separators meeting API specification 12J, specially designed to process the production from an oil or gas well, to separate the petroleum liquids from any water and any gas from the liquids.

Gas compressor with a design pressure of 40 bar (PN 40 and/or ANSI 300) or more and having a suction volume capacity of 300 000 Nm3/h or more, for the initial processing and transmission of natural gas, excluded gas compressors for CNG (Compressed Natural Gas) filling stations, and specially designed components therefore.

Subsea production control equipment and the components thereof meeting ‧API and ISO specifications‧ for use with oil and gas wells.

Technical Note:

For the purposes of this entry, ‧API and ISO specifications‧ refers to the American Petroleum Institute specification 17 F and/or the International Standards Organisation specification 13268 for subsea production control systems.

Pumps, typically high capacity and/or high pressure (in excess of 0,3 m3 per minute and/or 40 bar), specially designed to pump drilling muds and/or cement into oil and gas wells.

Equipment specially designed for sampling, testing and analysing the properties of drilling mud, oil well cements and other materials specially designed and/or formulated for use in oil and gas wells.

Equipment specially designed for sampling, testing and analysing the properties of rock samples, liquid and gaseous samples and other materials taken from an oil and/or gas well either during or after drilling, or from the initial processing facilities attached thereto.

Equipment specially designed for collecting and interpreting information about the physical and mechanical condition of an oil and/or gas well, and for determining the in situ properties of the rock and reservoir formation.

Drilling mud, drilling mud additives and the components thereof, specially formulated to stabilise oil and gas wells during drilling, to recover drill cuttings to the surface and to lubricate and cool the drilling equipment in the well.

Cements and other materials meeting the ‧API and ISO specifications‧ for use in oil and gas wells.

Technical Note:

‧API and ISO specification‧ refers to the American Petroleum Institute specification 10A or the International Standards Organisation specification 10426 for oil well cements and other materials specially formulated for use in the cementing of oil and gas wells.

Corrosion inhibiting, emulsion treatment, defoaming agents and other chemicals specially formulated to be used in the drilling for, and the initial processing of, petroleum produced from an oil and/or gas well.

"Software" specially designed to collect and interpret data acquired from seismic, electromagnetic, magnetic or gravity surveys for the purpose of establishing oil or gas prospectivity.

"Software" specially designed for storing, analysing and interpreting information acquired during drilling and production to assess the physical characteristics and behaviour of oil or gas reservoirs.

"Software" specially designed for the "use" of petroleum production and processing facilities or specific sub-units of such facilities.

"Technology""required" for the "development", "production" and "use" of equipment specified in 1.A.01 – 1.A.11.

Heat exchangers as follows and specially designed components therefore:

Cryogenic pumps for the transport of media at a temperature below – 120 °C having a transport capacity of more than 500 m3/h and specially designed components therefore.

‧Coldbox‧ and ‧coldbox‧ equipment not specified by 2.A.1.

Technical Note:

‧Coldbox‧ equipment' refers to a specially designed construction, which is specific for LNG plants and incorporates the process stage of liquefaction. The ‧coldbox‧ comprises heat exchangers, piping, other instrumentation and thermal insulators. The temperature inside the ‧coldbox‧ is below – 120 °C (conditions for condensation of natural gas). The function of the ‧coldbox‧ is the thermal insulation of the above described equipment.

Equipment for shipping terminals of liquefied gases having a temperature below – 120 °C and specially designed components therefore.

Flexible and non-flexible transfer line having a diameter greater than 50 mm for the transport of media below – 120 °C.

Maritime vessels specially designed for the transport of LNG.

Electrostatic desalters specially designed to remove contaminants such as salts, solids and water from crude oil and specially designed components therefore.

All crackers, including hydrocrackers, and cokers, specially designed for conversion of vacuum gas oils or vacuum residuum, and specially designed components therefore.

Hydrotreaters specially designed for desulphurisation of gasoline, diesel cuts and kerosene and specially designed components therefore.

Catalytic reformers specially designed for conversion of desulphurised gasoline into high-octane gasoline, and specially designed components therefore.

Refinery units for C5-C6 cuts isomerisation, and refinery units for alkylation of light olefins, to improve the octane index of the hydrocarbon cuts.

Pumps specially designed for the transport of crude oil and fuels, having a capacity of 50 m3/h or more and specially designed components therefore.

Tubes with an outer diameter of 0,2 m or more and made from any of the following materials:

Technical Note:

‧Pitting resistance equivalent‧ (PRE) number characterises the corrosion resistance of stainless steels and nickel alloys to pitting or crevice corrosion. The pitting resistance of stainless steels and nickel alloys is primarily determined by their compositions, primarily: chromium, molybdenum, and nitrogen. The formula to calculate the PRE number is: PRE = Cr + 3,3 % Mo + 30 % N

‧Pigs‧ (Pipeline Inspection Gauge(s)) and specially designed components therefore.

Pig launchers and pig catchers for the integration or removing of pigs.

Technical Note:

‧Pig‧ is a device typically used for cleaning or inspection of a pipeline from inside (corrosion state or crack formation) and is propelled by the pressure of the product in the pipeline.

Tanks for the storage of crude oil and fuels with a volume greater than 1 000 m3 (1 000 000 litres) as follows, and specially designed components therefore:

Subsea flexible pipes specially designed for the transportation of hydrocarbons and injection fluids, water or gas, having a diameter greater than 50 mm.

Flexible pipes used for high pressure for topside and subsea application.

Isomeration equipment specially designed for production of high-octane gasoline based on light hydrocarbons as feed, and specially designed components therefore.

Equipment specially designed for testing and analysing of quality (properties) of crude oil and fuels.

Interface control systems specially designed for controlling and optimising of the desalting process.

Diethyleneglycol (CAS 111-46-6), Triethylene glycol (CAS 112-27-6)

N-Methylpyrrolidon (CAS 872-50-4), Sulfolane (CAS 126-33-0)

Zeolites, of natural or synthetic origin, specially designed for fluid catalytic cracking or for the purification and/or dehydration of gases, including natural gases.

Catalysts for the cracking and conversion of hydrocarbons as follows:

Gasoline additives specially formulated for increasing the octane number of gasoline.

Note:

This entry includes Ethyl tertiary butyl ether(ETBE) (CAS 637-92-3) and Methyl tertiary butyl ether (MTBE) CAS 1634-04-4).

"Software" specially designed for the "use" of LNG plants or specific sub-units of such plants.

"Software" specially designed for the "development", "production" or "use" of plants (including their sub-units) for oil refining.

"Technology""required" for the "development", "production" or "use" of equipment for the conditioning and purification of raw natural gas (dehydration, sweetening, removal of impurities).

"Technology" for the liquefaction of natural gas, including "technology" required for the "development", "production" or "use" of LNG plants.

"Technology""required" for the "development", "production" or "use" of equipment for the shipment of liquefied natural gas.

"Technology""required" for the "development", "production" or "use" of maritime vessels specially designed for the transport of liquefied natural gas.

"Technology""required" for the "development", "production" or "use" of tanks for the storage of crude oil and fuels.

"Technology""required" for the "development", "production" or "use" of a refinery plant, such as:

Reactors

Thin film evaporators and falling film evaporators consisting of materials resistant to hot concentrated acetic acid and specially designed components therefor, and the relevant software developed therefor;

Plants for the separation of hydrochloric acid by electrolysis and specially designed components therefore, and the relevant software developed therefor;

Columns having a diameter larger than 5 000 mm and specially designed components therefor;

Ball valves and plug valves with ceramic balls or plugs, having a nominal diameter of 10 mm or more, and specially designed components therefor;

Centrifugal and/or reciprocating compressor having an installed power above 2 MW and meeting specification API610;

Catalysts applicable to processes of production of trinitrotoluene, ammonium nitrate and other chemical and petrochemical processes used for explosive manufacturing, and the relevant software developed therefor;

Catalysts used for the production of monomers such as ethylene and propylene (steam cracking units and/or Gas to petrochemicals units), and the relevant software developed therefor;

"Software" specially designed for the "development", "production" or "use" of equipment specified in 3.A;

"Software" specially designed for the "use" in methanol plants;

"Technology" for the "development", "production" or "use" of Gas-To-Liquid (GTL) or Gas-To-Petrochemicals (GTP) processes or for GTL- or GTP- plants;

"Technology""required" for the "development", "production" or "use" of equipment designed for the manufacture of ammonia and methanol plants;

"Technology" for the "production" of MEG (Mono ethylene glycol), EO (Ethylene oxide)/EG (Ethylene glycol)

Note:

"Technology" means specific information necessary for the "development", "production" or "use" of goods. This information takes the form of "technical data" or "technical assistance".

Persons and entities involved in nuclear or ballistic missiles activities