# Council Decision (CFSP) 2015/1863Show full title

Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against            Iran         

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U.K.

# Council Decision (CFSP) 2015/1863                     

# of 18 October 2015

# amending Decision 2010/413/CFSP concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)On 26 July 2010, the Council adopted Decision 2010/413/CFSP(1) concerning restrictive measures against Iran.

(2)On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by                              the High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’), reached an agreement                              with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the                              Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step,                              initial mutually-agreed measures to be taken by both sides for a duration of six months and renewable by mutual consent.

(3)On 2 April 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the                              High Representative, agreed the key parameters of a Joint Comprehensive Plan of Action (JCPOA) with Iran.

(4)On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the                              High Representative, reached an agreement with Iran on a long-term comprehensive solution to the Iranian nuclear issue. The                              full implementation of the JCPOA will ensure the exclusively peaceful nature of the Iranian nuclear programme, and provide                              for the comprehensive lifting of all nuclear-related sanctions.

(5)On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its                              full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance                              with the JCPOA.

(6)On 20 July 2015, the Council welcomed and endorsed the JCPOA and committed itself to abiding by its terms and to following                              the agreed implementation plan. The Council also fully supported UNSCR 2231 (2015).

(7)The Council further reiterated that Union actions and commitments under the JCPOA related to the lifting of the sanctions                              will be carried out in accordance with the timeline and detailed arrangements specified in the JCPOA and that the lifting                              of economic and financial sanctions would come into effect once the International Atomic Energy Agency (IAEA) has verified                              that Iran has implemented its nuclear-related commitments as set out in the JCPOA.

(8)The Council noted that the provisions under the Joint Plan of Action agreed in Geneva in 2013 had been extended for a further                              six months, to cover the period until the IAEA has verified that Iran has taken these actions.

(9)The commitment to lift all Union nuclear-related sanctions in accordance with the JCPOA is without prejudice to the dispute-resolution                              mechanism specified in the JCPOA and to the reintroduction of Union sanctions in the event of significant non-performance                              by Iran of its commitments under the JCPOA.

(10)In case of reintroduction of Union sanctions, adequate protection for the execution of contracts concluded in accordance with                              the JCPOA while sanctions relief was in force will be provided consistent with previous provisions when sanctions were originally                              imposed.

(11)UNSCR 2231 (2015) provides that, upon IAEA-verified implementation of Iran's nuclear-related commitments as set out in the                              JCPOA, the provisions of UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015)                              are to be terminated.

(12)UNSCR 2231 (2015) further provides that States are to comply with the relevant provisions contained in the statement of 14 July 2015,                              from China, France, Germany, the Russian Federation, the United Kingdom, the United States and the European Union, attached                              as Annex B to UNSCR 2231 (2015), aimed at promoting transparency and creating an atmosphere conducive to the full implementation                              of the JCPOA.

(13)The relevant provisions contained in the statement of 14 July 2015 include a mechanism for review and provide for decisions                              on nuclear-related transfers to, or activities with, Iran, restrictions on arms, and ballistic missiles, as well as visa-ban                              and asset-freeze measures applicable to certain persons and entities.

(14)In accordance with the JCPOA, Member States should terminate implementation of all Union nuclear-related economic and financial                              sanctions simultaneously with the IAEA-verified implementation by Iran of agreed nuclear-related measures.

(15)Moreover, Member States should introduce, on the same date, an authorisation regime for reviewing and deciding on nuclear-related                              transfers to, or activities with, Iran not covered by UNSCR 2231 (2015), in full consistency with the JCPOA.

(16)In accordance with the JCPOA, a Joint Commission consisting of representatives of Iran and of China, France, Germany, the                              Russian Federation, the United Kingdom and the United States, with the High Representative, will be established to monitor                              the implementation of the JCPOA and will carry out the functions provided for in this JCPOA.

(17)Further action by the Union is needed in order to implement certain measures provided for in this Decision.

(18)Decision 2010/413/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Decision 2010/413/CFSP is amended as follows:

In Article 1, paragraph 2 is replaced by the following:

‘2.The prohibition in paragraph 1 shall not apply to the direct or indirect transfer to, or for use in, or the benefit of Iran,                                    through the territories of Member States of items referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015)                                    for light water reactors.’.                           

In Article 15, paragraphs 1, 2, 5 and 6 are replaced by the following:

‘1.Member States shall inspect, in accordance with their national authorities and legislation and consistent with international                                    law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Iran in                                    their territories, including seaports and airports, if they have information that provides reasonable grounds to believe that                                    the cargo contains items the supply, sale, transfer or export of which is being undertaken contrary to this Decision.                           

2.Member States, consistent with international law, in particular the law of the sea, may request inspections of vessels on                                    the high seas with the consent of the flag State, if they have information that provides reasonable grounds to believe that                                    the vessels carry items the supply, sale, transfer or export of which is being undertaken contrary to this Decision.                           

5.In cases where an inspection referred to in paragraph 1 or 2 is undertaken, Member States shall seize and dispose of (such                                    as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination                                    States for disposal) items the supply, sale, transfer or export of which is being undertaken contrary to this Decision. Such                                    seizure and disposal will be carried out at the expense of the importer or, if it is not possible to recover these expenses                                    from the importer, they may, in accordance with national legislation, be recovered from any other person or entity responsible                                    for the attempted illicit supply, sale, transfer or export.                           

6.The provision by nationals of Member States or from the territories under the jurisdiction of Member States of bunkering or                                    ship supply services, or other servicing of vessels, to Iranian-owned or Iranian-contracted vessels, including chartered vessels,                                    shall be prohibited if they have information that provides reasonable grounds to believe that the vessels carry items the                                    supply, sale, transfer or export of which is being undertaken contrary to this Decision unless the provision of such services                                    is necessary for humanitarian purposes or until the cargo has been inspected, and seized and disposed of if necessary, in                                    accordance with paragraphs 1, 2 and 5.’.                           

Article 18 is replaced by the following:

‘The provision by nationals of Member States, or from the territories of Member States, of engineering and maintenance services                                 to Iranian cargo aircraft shall be prohibited if they have information that provides reasonable grounds to believe that the                                 cargo aircraft carry items the supply, sale, transfer or export of which is being undertaken contrary to this Decision unless                                 the provision of such services is necessary for humanitarian and safety purposes or until the cargo has been inspected, and                                 seized and disposed of if necessary, in accordance with Article 15 (1) and (5).’.                           

In Article 19(1) the following points are added:

other persons designated by the Security Council as having engaged in, directly associated with, or provided support for,                                          Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the Joint Comprehensive Plan                                          of Action (JCPOA) or the development of nuclear weapon delivery systems, including through the involvement in the procurement                                          of prohibited items, goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015);                                          having assisted designated persons or entities in evading or acting inconsistently with the JCPOA or UNSCR 2231 (2015); having                                          acted on behalf or at the direction of designated persons or entities, as listed in Annex III.                                    

other persons not covered by Annex III that have engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive                                          nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development of nuclear weapon delivery systems,                                          including through the involvement in the procurement of prohibited items, goods, equipment, materials and technology specified                                          in the statement attached to Annex B to UNSCR 2231 (2015) or in this Decision; having assisted designated persons or entities                                          in evading or acting inconsistently with the JCPOA, UNSCR 2231 (2015) or this Decision; having acted on behalf or at the direction                                          of designated persons or entities, as listed in Annex IV.’.                                    

In Article 19, paragraph 2 is replaced by the following:

‘2.The prohibition in paragraph 1 of this Article shall not apply to the transit through the territories of Member States for                                    the purposes of activities directly related to the items specified in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015)                                    for light water reactors.’.                           

In Article 19(7), point (ii) is replaced by the following:

## ‘(ii)furthering the objectives of UNSCR 2231 (2015), including where Article XV of the IAEA Statute is engaged;’.

In Article 19, paragraphs 9 and 10 are replaced by the following:

‘9.In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory                                    of persons listed in Annex I, II, III or IV, the authorisation shall be limited to the purpose for which it is given and to                                    the persons concerned thereby.                           

10.A Member State wishing to grant the exemptions referred to in paragraph 7(i) and (ii) shall submit the proposed authorisations                                    to the Security Council for approval.’.                           

In Article 20(1), the following points are added:

other persons and entities designated by the Security Council as having engaged in, directly associated with, or provided                                          support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the                                          development of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items,                                          goods, equipment, materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015); having assisted                                          designated persons or entities in evading or acting inconsistently with the JCPOA or UNSCR 2231 (2015); having acted on behalf                                          or at the direction of designated persons or entities, or having been owned or controlled by designated persons or entities,                                          as listed in Annex III;                                    

other persons and entities not covered by Annex III that have engaged in, directly associated with, or provided support for,                                          Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development                                          of nuclear weapon delivery systems, including through the involvement in the procurement of prohibited items, goods, equipment,                                          materials and technology specified in the statement attached to Annex B to UNSCR 2231 (2015) or in this Decision; having assisted                                          designated persons or entities in evading or acting inconsistently with the JCPOA, UNSCR 2231 (2015) or this Decision; having                                          acted on behalf or at the direction of designated persons or entities, or having been owned or controlled by designated persons                                          or entities, as listed in Annex IV.’.                                    

In Article 20(3) the final wording is replaced by the following:

‘after notification by the Member State concerned to the Security Council of the intention to authorise, where appropriate,                                 access to such funds and economic resources and in the absence of a negative decision by the Security Council within five                                 working days of such notification.’.                           

In Article 20, paragraph 4 is replaced by the following:

‘4.Exemptions may also be made for funds and economic resources which are:                           

(a)necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Security Council;                           

(b)the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds and economic resources may                                    be used to satisfy that lien or judgement provided that the lien or judgement was entered before the date of UNSCR 1737 (2006),                                    and is not for the benefit of a person or entity referred to in paragraph 1 of this Article, after notification by the Member State                                    concerned to the Security Council;                           

(c)necessary for activities directly related to the items specified in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015)                                    for light water reactors.                           

(d)necessary for the civil nuclear cooperation projects described in Annex III of the JCPOA, after notification by the Member State                                    concerned to, and approval by, the Security Council;                           

(e)necessary for activities directly related to the items specified in Articles 26c and 26d, or to any other activity required                                    for the implementation of the JCPOA, after notification by the Member State concerned to, and approval by, the Security Council.’.                           

In Article 20, paragraph 6 is replaced by the following:

‘6.Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the                                    listing of such a person or entity, provided that the relevant Member State has determined that:                           

(a)the contract is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training,                                    financial assistance, investment, brokering or services referred to in this Decision;                           

(b)the payment is not directly or indirectly received by a person or entity referred to in paragraph 1,                           

and after notification by the relevant Member State to the Security Council of the intention to make or receive such payments                                 or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior                                 to such authorisation.’.                           

Article 22 is replaced by the following:

‘No claims, including for compensation or for other claim of this kind, such as a claim of set-off or a claim under a guarantee,                                 in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in                                 part, by reason of measures decided on pursuant to UNSCRs 1737 (2006), 1747 (2007), 1803 (2008), 1929 (2010), 2231 (2015),                                 including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation                                 of the relevant decisions of the Security Council or measures covered by the present Decision, shall be granted to the designated                                 persons or entities listed in Annex I, II, III or IV, or any other person or entity in Iran, including the Government of Iran,                                 or any person or entity claiming through or for the benefit of any such person or entity.’.                           

Article 23 is replaced by the following:

‘1.The Council shall implement modifications to Annexes I and III on the basis of the determinations made by the Security Council.                           

2.The Council, acting by unanimity on a proposal from Member States or from the High Representative of the Union for Foreign                                    Affairs and Security Policy, shall establish the list in Annexes II and IV and adopt modifications to it.’.                           

In Article 24, paragraphs 1 and 2 are replaced by the following:

‘1.Where the Security Council lists a person or entity, the Council shall include such person or entity in Annex III.                           

2.Where the Council decides to subject a person or entity to the measures referred to in Articles 19(1)(b), (c) and (e) and 20(1)(                                    b), (c) and (e), it shall amend Annexes II and IV accordingly.’.                           

Article 25 is replaced by the following:

‘1.Annexes I, II, III and IV shall include the grounds for listing of listed persons and entities, as provided by the Security                                    Council or by the Committee with regard to Annex I and by the Security Council with regard to Annex III.                           

2.Annexes I, II, III and IV shall also include, where available, information necessary to identify the persons or entities concerned,                                    as provided by the Security Council or by the Committee in respect of Annex I, or by the Security Council with regard to Annex                                    III. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport                                    and ID card numbers, gender, address, if known and function or profession. With regard to entities such information may include                                    names, place and date of registration, registration number and place of business. Annexes I, II, III and IV shall also include                                    the date of designation.’.                           

In Article 26, paragraph 4 is replaced by the following:

‘4.The measures referred to in Articles 19(1)(a), 20(1)(a), 20(2) and 20(12), in so far as they apply to the persons and entities                                    listed in Annex V, shall be suspended.                           

5.The measures referred to in Articles 19(1)(b) and (c), 20(1)(b) and (c), 20(2) and 20(12), in so far as they apply to the                                    persons and entities listed in Annex VI, shall be suspended.’.                           

Article 26a is replaced by the following:

# ‘Article 26a

1.The measures set out in Article 1(1)(a), (b), (d) and (e), Articles 2, 3, 3a, 3b, 3c, 3d, 3e, 4, 4a, 4b, 4c, 4d, 4e, 4f, 4g,                                    4h, 4i, 4j, 5, 6, 6a, 7, 8, 8a, 9, 10, 11, 12, 13, 14, 16, 17, 18a, 18b, Articles 20(7), 20(11), 20(13), 20(14), Articles 21                                    and 26b shall be suspended.’.                           

The following Articles are inserted:

# ‘Article 26c

1.The direct or indirect supply, sale or transfer to, or for use in, or the benefit of, Iran, by nationals of Member States                                    or through the territories of Member States, or using vessels or aircraft under their jurisdiction, of the following items,                                    materials, equipment, goods and technology, whether or not originating in their territories, shall be subject to approval                                    on a case-by-case basis by the Security Council:                           

(a)all items, materials, equipment, goods and technology contained in the Nuclear Suppliers Group list;                           

(b)any further item if the Member State determines that it could contribute to reprocessing- or enrichment-related or heavy water-related                                    activities inconsistent with the JCPOA.                           

2.The requirement set out in paragraph 1 of this Article shall not apply to the supply, sale or transfer to Iran of equipment                                    referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.                           

3.Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that:                           

(a)the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;                           

(b)they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any                                    supplied item;                           

(c)they notify, as appropriate, the Security Council within ten days of the supply, sale or transfer; and                           

(d)in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they                                    also notify the IAEA within ten days of the supply, sale or transfer.                           

4.The requirement in paragraph 1 shall not apply to the supply, sale or transfer of items, materials, equipment, goods and technology,                                    and the provision of any related technical assistance, training, financial assistance, investment, brokering or other services,                                    that is directly related to:                           

(a)the necessary modification of two cascades at the Fordow facility for stable isotope production;                           

(b)the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium; or                           

(c)the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design                                    of such reactor,                           

provided that Member States ensure that:                           

(d)all such activities are undertaken strictly in accordance with the JCPOA;                           

(e)they notify the Security Council and the Joint Commission ten days in advance of such activities;                           

(f)the requirements, as appropriate, of the Guidelines as set out in the Nuclear Suppliers Group list have been met;                           

(g)they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any                                    supplied item; and                           

(h)in the case of supplied items, materials, equipment, goods and technology included in the Nuclear Suppliers Group list, they                                    also notify the IAEA within ten days of the supply, sale or transfer.                           

5.The provision of technical assistance or training, financing or financial assistance, investment, brokering or other services                                    related to the supply, sale, transfer, manufacture or use of the items, materials, equipment, goods and technology referred                                    to in paragraph 1 to any person, entity or body in, or for use in, Iran shall be subject to approval on a case-by-case basis                                    by the Security Council.                           

6.Investment in the territories under the jurisdiction of Member States by Iran, its nationals, or entities incorporated in                                    Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities                                    owned or controlled by them in any commercial activity involving uranium mining, or production or use of nuclear materials                                    as listed in Part 1 of the Nuclear Suppliers Group list shall be subject to approval on a case-by-case basis by the Security                                    Council.                           

7.The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment,                                    goods and technology referred to in paragraph 1 from Iran shall be subject to approval on a case-by-case basis by the Joint                                    Commission, whether or not originating in the territory of Iran.                           

8.The relevant Member State shall inform the other Member States of any approval granted in accordance with, or of activities                                    undertaken pursuant to this Article.                           

# Article 26d

1.The direct or indirect supply, sale or transfer to, or for use in, or the benefit of, Iran, by nationals of Member States                                    or through the territories of Member States, or using vessels or aircraft under their jurisdiction, of items, materials, equipment,                                    goods and technology not covered by Article 26c or Article 26e that could contribute to reprocessing- or enrichment-related,                                    heavy water-related or other activities inconsistent with the JCPOA shall be subject to an authorisation on a case-by-case                                    basis by the competent authorities of the exporting Member State, whether or not originating in their territories.                           

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.                           

2.The requirement in paragraph 1 shall not apply to the supply, sale or transfer to Iran of equipment referred to in that paragraph                                    for light water reactors.                           

3.Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that they have obtained and are in                                    a position to exercise effectively a right to verify the end-use and end-use location of any supplied item.                           

4.Member States engaging in the activities referred to in paragraph 2 shall ensure that they notify the other Member States                                    within ten days of such activities.                           

5.The requirement set out in paragraph 1 shall not apply to the supply, sale or transfer of items, materials, equipment, goods                                    and technology, and the provision of any related technical assistance, training, financial assistance, investment, brokering                                    or other services, that is directly related to:                           

(a)the necessary modification of two cascades at the Fordow facility for stable isotope production;                           

(b)the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium; or                           

(c)the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design                                    of such reactor,                           

provided that Member States ensure that:                           

(d)all such activities are undertaken strictly in accordance with the JCPOA;                           

(e)they notify the other Member States ten days in advance of such activities; and                           

(f)they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any                                    supplied item.                           

6.The provision of technical assistance or training, financing or financial assistance, investment, brokering or other services                                    related to the supply, sale, transfer, manufacture or use of the items, materials, equipment, goods and technology referred                                    to in paragraph 1, to any person, entity or body in, or for use in, Iran shall be subject to an authorisation on a case-by-case                                    basis by the competent authorities of the relevant Member State.                           

7.Investment in the territories under the jurisdiction of Member States by Iran, its nationals, or entities incorporated in                                    Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities                                    owned or controlled by them in any commercial activity involving technologies referred to paragraph 1 shall be subject to                                    an authorisation on a case-by-case basis by the competent authorities of the relevant Member State.                           

8.The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment,                                    goods and technology referred to in paragraph 1 from Iran shall be subject to approval, on a case-by-case basis, by the competent                                    authorities of the relevant Member State, whether or not originating in the territory of Iran.                           

9.The competent authorities of the Member States shall not grant any authorisation for any supply, sale, transfer or procurement                                    of the items, materials, equipment, goods and technology referred to in paragraph 1 if they determine that the supply, sale,                                    transfer or procurement concerned or the provision of the service concerned would contribute to activities inconsistent with                                    the JCPOA.                           

10.The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article                                    at least ten days in advance.                           

# Article 26e

1.The direct or indirect supply, sale or transfer to, or for use in, or the benefit of, Iran, by nationals of Member States,                                    or through the territories of Member States, or using vessels or aircraft under their jurisdiction, of items, materials, equipment,                                    goods and technology contained in the Missile Technology Control Regime list or any additional item that could contribute                                    to the development of nuclear weapon delivery systems shall be prohibited, whether or not originating in their territories.                           

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.                           

2.It shall also be prohibited to:                           

(a)provide technical assistance or training, investment or brokering services related to items, materials, equipment, goods and                                    technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these items, materials, equipment,                                    goods and technology, directly or indirectly, to any person, entity or body in, or for use in, Iran;                           

(b)provide financing or financial assistance related to items and technology referred to in paragraph 1, including in particular                                    grants, loans and export credit insurance, for any supply, sale, transfer or export of these items and technologies, or for                                    the provision of related technical assistance, training, services or assistance, directly or indirectly, to any person, entity                                    or body in, or for use in, Iran;                           

(c)participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibition referred                                    to in points (a) and (b);                           

(d)make an investment in the territories under the jurisdiction of Member States by Iran, its nationals, or entities incorporated                                    in Iran or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities                                    owned or controlled by them in any commercial activity involving technologies referred to paragraph 1.                           

3.The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment,                                    goods and technology referred to in paragraph 1 from Iran shall be prohibited, whether or not originating in the territory                                    of Iran.                           

# Article 26f

1.The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels                                    or aircraft under their jurisdiction, of graphite, and raw or semi-finished metals, such as aluminium and steel, shall be                                    subject to an authorisation by the competent authority of the exporting Member State whether or not originating in their territories.                           

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.                           

2.The provision of:                           

(a)technical assistance or training and other services related to items referred to in paragraph 1;                           

(b)financing or financial assistance for any supply, sale, or transfer of items referred to in paragraph 1 or for the provision                                    of related technical assistance and training,                           

shall also be subject to an authorisation of the competent authority of the relevant Member State.                           

3.The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items,                                    materials, equipment, goods and technology referred to in paragraph 1 if:                           

(a)they determine that the supply, sale or transfer concerned or the provision of the service concerned would:                           

contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent                                          with the JCPOA;                                    

contribute to Iran's military or ballistic missile programme; or                                    

benefit directly or indirectly the Iranian Revolutionary Guard Corps;                                    

(b)contracts for delivery of such items or assistance do not include appropriate end-user guarantees.                           

4.The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article                                    at least ten days in advance.                           

# Article 26g

1.The supply, sale or transfer to Iran, by nationals of Member States, or from the territories of Member States, or using vessels                                    or aircraft under their jurisdiction, of software for integrating industrial processes shall be subject to an authorisation                                    by the competent authority of the exporting Member State, whether or not originating in their territories.                           

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.                           

2.The provision of:                           

(a)technical assistance or training and other services related to items referred to in paragraph 1;                           

(b)financing or financial assistance for any supply, sale or transfer of items referred to in paragraph 1 or for the provision                                    of related technical assistance and training,                           

shall also be subject to an authorisation of the competent authority of the relevant Member State.                           

3.The competent authorities of the Member States shall not grant any authorisation for any supply, sale or transfer of the items,                                    materials, equipment, goods and technology referred to in paragraph 1 if:                           

(a)they determine that the supply, sale, transfer or export concerned or the provision of the service concerned would:                           

contribute to reprocessing- or enrichment-related or heavy water-related activities or other nuclear-related activities inconsistent                                          with the JCPOA;                                    

contribute to Iran's military or ballistic missile programme; or                                    

benefit directly or indirectly the Iranian Revolutionary Guard Corps.                                    

(b)contracts for delivery of such items or assistance do not include appropriate end-user guarantees.                           

4.The relevant Member State shall inform the other Member States of its intention to grant an authorisation under this Article                                    at least ten days in advance.’.                           

The Annexes set out in the Annexes to this Decision are added.

# Article 2U.K.

This Decision shall enter into force on the date following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from the date on which the Council has noted that the Director-General of the IAEA has presented a report to                     the IAEA Board of Governors and to the United Nations Security Council which confirms that Iran has taken the measures specified                     in paragraphs 15.1 to 15.11 of Annex V to the JCPOA. The date of application shall be published on the same day in the *Official Journal of the European Union*.                  

Done at Brussels, 18 October 2015.

*For the Council*                            

*The President*                            

J. Asselborn                            

## ANNEX IU.K.

### “ANNEX III**List of persons referred to in Article 19(1)(d) and of persons and entities referred to in Article 20(1)(d)**

Persons

Entities.”                           

## ANNEX IIU.K.

### “ANNEX IV**List of persons referred to in Article 19(1)(e) and of persons and entities referred to in Article 20(1)(e)**

Persons

Entities.”                           

## ANNEX IIIU.K.

### “ANNEX V**LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 26(4)**

## ANNEX IVU.K.

### “ANNEX VI**LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 26(5)**

1

Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position                              2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).