Amendment Sanctions Iran

23 December 2008

Martine Chin-Oldenziel

Introduction

Because Iran refused to comply with the requirement of the requirements of the Security Council of the United Nations (“SC”) to suspend nuclear enrichment activities, additional sanctions have been adopted by the SC by means of adopting Resolution 1803. The EU has implemented these sanctions in Common Position 2008/652/CFSP and Regulation (EC) No 1110/2008 amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran (“Iran Sanctions Regulation”). The additional measures imposed are additional measures in relation to goods and technology, financial measures and other measures.

Additional measures in relation to goods and technology

  • Annex I of the Iran Sanctions Regulation stipulates goods and technology that are prohibited to export to Iran. It is not only prohibited to export these goods and technology to Iran, or for use in Iran, but also to sell, supply, transfer, purchase, import or transport goods and technologies listed in Annex I of the Iran Sanctions Regulation. Annex IA has been added. For the goods and technology listed in Annex IA of the Iran Sanctions Regulations, the aforementioned restrictions will also apply.

  • The Iran Sanctions Regulation provides for the prohibition to provide technical assistance, brokering services, investment, financing or financial services for goods and technologies listed in Annex I of the Iran Sanctions Regulation. Goods and technologies listed in Annex IA have been added to these restrictions.

  • Annex II of the Iran Sanctions Regulation stipulates good and technology for which the export, supply, transfer, provision of technical assistance, brokering services, investment, financing or financial assistance to Iran or for use in Iran is subject to an authorisation. Annex II has been amended.

Financial Measures


  • Credit and financial institutions that have activities with Iranian credit and financial institutions have to adopt certain security measures, which may result to refuse certain transactions. The Iranian credit and financial institutions to which the measures apply are listed in the Annex VI of the Iran Sanctions Regulation. The banks involved are: Bank Melli Iran, Bank Sepah, Bank Saderat Iran, Bank Tejarat en Persia International Bank Plc. Furthermore, these security measures also apply to certain bancs located outside the EU.

  • Prohibition to honour claims for indemnity or any other claims by listed persons, Iranian entities or intermediaries of those persons for compensation resulting from contracts that are affected by the measures imposed by the Iran Sanctions Regulation

Other Measures


  • The list of controlled entities has been amended.

  • Requirement for Iran Air Cargo and Islamic Republic of Iran Shipping Line to proved pre-arrival and pre-departure information. In addition, these companies have to declare whether the goods covered are dual-use goods and have to specify the particulars of the export licence granted.