COUNCIL DECISION 2012/829/CFSP
of 21 December 2012
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,
Whereas:
(1)
On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1).
(2)
A provision concerning enhanced monitoring over all activities of financial institutions within the Union with Iranian financial institutions should be inserted in Decision 2010/413/CFSP.
(3)
In addition, a provision in Decision 2010/413/CFSP concerning the freezing of funds and economic resources should also be amended.
(4)
Furthermore, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex II to Decision 2010/413/CFSP, certain entities should be removed from that list and the entries concerning certain entities should be amended.
(5)
Decision 2010/413/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/413/CFSP is hereby amended as follows:
(1)
In Article 10, the following paragraph is inserted:
"3a. Financial institutions shall be required, in their activities with banks and financial institutions as set out in paragraph 1, to:
(a)
exercise continuous vigilance over account activity including through their programmes on customer due diligence and under their obligations relating to money-laundering and financing of terrorism;
(b)
require that all information fields of payment instructions which relate to the originator and beneficiary of the transaction in question be completed and, if that information is not supplied, refuse the transaction;
(c)
maintain all records of transactions for a period of five years and make them available to national authorities on request;
(d)
if they suspect, or have reasonable grounds to suspect, that funds are related to proliferation financing, promptly report their suspicions to the FIU or another competent authority designated by the Member State concerned. 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.".
(2)
Article 20(1)(b) is replaced by the following:
"(b)
persons and entities not covered by Annex I that are engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, or persons and entities that have assisted designated persons or entities in evading or violating the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or this Decision, as well as other members and entities of IRGC and IRISL and entities owned or controlled by them or acting on their behalf or providing insurance or other essential services to them, as listed in Annex II.".
Article 2
Annex II to Decision 2010/413/CFSP shall be amended as set out in the Annex to this Decision.
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 21 December 2012.