Explanatory Memorandum to JOIN(2012)2 - Restrictive measures against Iran andrepealing Regulation (EU) No 961/2010 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2012)2 - Restrictive measures against Iran andrepealing Regulation (EU) No 961/2010. |
|---|---|
| source | JOIN(2012)2  |
| date | 17-02-2012 |
On 25 October 2010, the Council adopted Regulation (EU) No 961/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 i, in order to give effect to Council Decision 2010/413/CFSP i. Regulation (EU) No 961/2010 expanded restrictive meaures, in particular in the financial and energy sectors, as well as in the transport sector.
In line with the mandate received from the European Council on 9 December 2011, the Council approved, on 23 January 2012, Decision 2012/35/CFSP providing for additional restrictive measures against Iran. Those new 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. In order to ensure the effective implementation of those measures, lists of sanctioned goods and technology should be provided.
Moreover, Decision 2012/35/CFSP extends the freezing of assets to additional persons, entities or bodies providing support to the Government of Iran as well as to other members of the Islamic Revolutionary Guard Corps (IRGC). Decision 2012/35/CFSP also underlines that the Central Bank of Iran’s deceptive practices and attempts at using Iran’s financial sector to circumvent the measures require enhanced financial vigilance from EU credit and financial institutions, and provides for the freezing of the assets of the Central Bank of Iran. The Decision however makes clear that this targeted measure should not prevent the continuation of licit trade operations with Iran. The Decision also provides for the freezing of Bank Tejarat’s assets, but allows for the phasing out of transactions with that sanctioned entity.
Furthermore, certain technical amendments to existing measures have also become necessary. In particular, the definition of brokering services should be clarified to the effect that it covers brokering from the EU and also applies to related services. The definintion of ‘transfers of funds’ should be revised to include non-electronic transfers, in response to Iran’s deceptive practices. The application of freezing measures by providers of financial communication messages should be clarified. The provisions regarding the controls of funds transfers should be reviewed in order to facilitate their application by competent authorities and operators. The restrictions on insurances should be adjusted, notably with a view to clarifying that insurance of diplomatic and consular missions within the EU is permitted under the sanctions. Adjustments should also be made to provisions concerning the liability of operators, the prohibition of the circumvention of the restrictive measures and the provision of bunkering and ship supply services.
Furthermore, mechanisms for exchange of information between competent authorities of the Member States and the Commission should also be revised in order to enhance effective implementation of the restrictive measures.
Restrictions on the trade of internal repression equipment, thus far provided for under Regulation (EU) No 961/2010, should be provided for under Regulation (EU) No 359/2011 concerning restritive measures directed against certain persons, entities and bodies in view of the situation in Iran, which provides for sanctions in response to serious human rights violations.
It is therefore necessary to amend Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran. For the sake of clarity, the Commission and the High Representative of the EU for Foreign Affairs and Security Policy propose to replace it by a new, consolidated Regulation.