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Brussels, 31.8.2010

COM(2010) 459 final

2010/0240 (NLE)

Proposal for a

COUNCIL REGULATION (EU) No …/2010

on restrictive measures against Iran and repealing Regulation (EC) No 423/2007

(presented jointly by the Commission and the High Representative of the EUfor Foreign Affairs and Security Policy)

EXPLANATORY MEMORANDUM

1. On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against Iran in order to comply with UN Security Council Resolution 1929 (2010) and accompanying measures as requested by the European Council in its Declaration of 17 June 2010.

2. These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology and equipment which might be used for internal repression, restrictions on trade in key equipment for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft.

3. The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures.

4. The restrictive measures concerning dual-use goods should be broadened to cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 goods and technology which are currently subject to prohibition should, however, remain subject to prohibition. It is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007.

5. A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations. A supplementary proposal for the list of key equipment and technology for the oil and natural gas industry referred to in Article 8 of the proposed Regulation, will be made under separate cover.

6. Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector.

7. Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment.

8. It is therefore necessary to amend and supplement Regulation (EC) No 423/2007 of 19 April 2007 concerning 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.

9. 2010/0240 (NLE)

Proposal for a

COUNCIL REGULATION (EU) No …/2010

on restrictive measures against Iran and repealing Regulation (EC) No 423/2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP[1],

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

Whereas:

10. On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against the Islamic Republic of Iran (hereinafter referred to as Iran) in order to comply with UN Security Council Resolution 1929 (2010) as well as accompanying measures as requested by the European Council in its Declaration of 17 June 2010.

11. These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology as well as equipment which might be used for internal repression, restrictions on trade in key equipment and technology for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft.

12. The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures.

13. The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (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,

14. These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, legislation at the level of the Union is necessary in order to implement them as far as the Union is concerned.

15. Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran[2] as amended enacts the restrictive measures taken by the Union further to Common Position 2007/140/CFSP as amended[3]. For the sake of clarity, Regulation (EC) No 423/2007 should be repealed in its entirety and replaced by this Regulation.

16. The revised restrictive measures concerning dual-use goods should cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 items which relate to nuclear and missile technology and are currently subject to prohibition should, however, remain subject to prohibition. Moreover, it is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007.

17. A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations.

18. Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector.

19. Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment.

20. In order to ensure consistency with 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[4], this Regulation follows the same definitions of the terms "financial institution" and "credit institution" as that Directive.

21. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably 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.

22. Decision 2010/413/CFSP makes provision for a review procedure to be followed when a natural or legal person, entity or body is included in Annex I or Annex II to that Decision. The listing procedures for the purpose of freezing funds and economic resources under this Regulation should not duplicate these procedures.

23. For the implementation of this Regulation, and in order 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 respect 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[5] 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[6].

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

HAS ADOPTED THIS REGULATION:

Chapter I Definitions

Article 1

For the purposes of this Regulation the following definitions shall apply:

(a) '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;

(b) ‘brokering services’ means activities of persons, entities and partnerships acting as intermediaries by buying, selling or arranging the transfer of goods and technology, or negotiating or arranging transactions that involve the transfer of goods or technology;

(c) ‘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;

(d) ‘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[7], including its branches inside or outside the Union;

(e) ‘customs territory of the Union’ means the territory defined in Article 3 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code[8].

(f) ‘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;

(g) ‘exploration of crude oil and natural gas’ includes prospection of crude oil and of natural gas, as well as geological services;

(h) ‘financial institution’ means

(i) an undertaking, other than a credit institution, which carries out one or more of the operations included in points 2 to 12 and points 14 and 15 of Annex I to Directive 2006/48/EC, including the activities of currency exchange offices (bureaux de change);

(ii) an insurance company duly authorised in accordance with Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance[9], insofar as it carries out activities covered by that Directive;

(iii) an investment firm as defined in point 1 of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments[10];

(iv) a collective investment undertaking marketing its units or shares;

(v) an insurance intermediary as defined in Article 2(5) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation[11], with the exception of intermediaries as mentioned in Article 2(7) of that Directive, when they act in respect of life insurance and other investment related services;

and its branches inside or outside the Union.

(i) ‘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;

(g) ‘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;

(k) ‘funds’ means financial assets and benefits of every kind, including but not limited to:

(i) cash, cheques, claims on money, drafts, money orders and other payment instruments;

(ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

(iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

(iv) interest, dividends or other income on or value accruing from or generated by assets;

(v) credit, right of set-off, guarantees, performance bonds or other financial commitments;

(vi) letters of credit, bills of lading, bills of sale; and

(vii) documents showing evidence of an interest in funds or financial resources;

(l) ‘goods’ includes items, materials and equipment;

(m) ‘insurance’ means a commitment whereby one or more 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 commitment;

(n) ‘investment’ means:

(i) an acquisition or extension of a participation in an enterprise, including the acquisition in full of such an enterprise and the acquisition of shares and securities of a participating nature;

(ii) a financial loan or credit;

(iii) an agreement with another natural or legal person, entity or body who commits to acquiring or extending a participation in an enterprise in his own name at the expense of the other party to the agreement and to exercise his ownership rights upon the instruction of the other party to the agreement;

(o) ‘Iranian aircraft’ means:

(i) an aircraft registered in Iran;

(ii) an aircraft not registered in Iran and owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(iii) any other aircraft which is leased or otherwise hired by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(p) ‘Iranian enterprise’ means:

(i) any legal person, entity or body which is incorporated or otherwise constituted under the law of Iran;

(ii) any other legal person, entity or body, including any non-incorporated enterprise or association, which has its principal place of business or central administration in Iran;

(iii) any legal person, entity or body not incorporated or constituted under the law of Iran which is owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(q) ‘Iranian vessel’ means:

(i) a vessel flying the flag of Iran;

(ii) a vessel flying another flag which is owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(iii) any other vessels chartered or otherwise hired by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(r) ‘person, entity or body in Iran’ means:

(i) the State of Iran or any public authority thereof;

(ii) any natural person in, or resident in, Iran;

(iii) any legal person, entity or body having its registered office in Iran;

(iv) any legal person, entity or body controlled directly or indirectly by one or more of the above mentioned persons or bodies;

(s) ‘production of crude oil and natural gas’ includes transmission of crude oil and of natural gas;

(t) ‘refining’ means the processing, conditioning or preparation for the market of hydrocarbons;

(u) ‘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;

(v) ‘Sanctions Committee’ means the Committee of the United Nations Security Council which was established pursuant to paragraph 18 of UNSCR 1737 (2006);

(w) ‘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;

(x) ‘technology’ includes software;

(y) ‘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.

(z) ‘transfer of funds’ means any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, irrespective of whether the payer and the payee are the same person. The terms payer, payee and payment service provider have the same meaning as in Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds[12];

Chapter II Export and import restrictions

Article 2

1. It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in Annexes I and II, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise;

(b) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex III, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran;

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

2. Annex I shall include goods and technology, including software, which are dual-use items or technology as defined in 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[13], except the goods and technology defined in Category 5 of Annex I to that Regulation which are not included in the Nuclear Suppliers Group and Missile Technology Control Regime lists.

3. Annex II shall include other goods and technology which could contribute to Iran’s enrichment-related, reprocessing or heavy-water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding, including those determined by the UN Security Council or by the Sanctions Committee.

4. Annexes I and II shall not include goods and technology included in the Common Military List of the European Union[14].

Article 3

1. A prior authorisation shall be required for the sale, supply, transfer or export, directly or indirectly, of the goods and technology listed in Annex IV, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise.

2. For all exports for which an authorisation is required under this Article, such authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be in accordance with the detailed rules laid down in Article 11 of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. The authorisation shall be valid throughout the Union.

3. Annex IV shall include any goods and technology other than those included in Annexes I and II, which could contribute to enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding.

4. Exporters shall supply the competent authorities with all relevant information required for their application for an export authorisation.

5. The competent authorities of the Member States, as identified in the websites listed in Annex V, shall not grant any authorisation for any sale, supply, transfer or export of the goods or technology included in Annex IV, if they determine that the sale, supply, transfer or export thereof would contribute to one of the following activities:

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

(b) the development of nuclear weapon delivery systems by Iran;

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

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

6. Under the conditions set out in paragraph 5, the competent authorities of the Member States, as identified in the websites listed in Annex V, may annul, suspend, modify or revoke an export authorisation which they have already granted.

7. Where they refuse to grant an authorisation, or annul, suspend, substantially limit or revoke an authorisation in accordance with paragraph 5, the Member States shall notify the other Member States and the Commission thereof and share the relevant information with them, while complying with the provisions concerning the confidentiality of such information of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters[15].

8. Before a Member State grants an authorisation which has been denied by another Member State, in accordance with paragraph 5, for an essentially identical transaction and for which the denial is still valid, it will first consult the Member State or States which issued the denial as provided for in paragraphs 6 and 7. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain the decision.

Article 4

It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I, II and III from Iran, whether the item concerned originates in Iran or not.

Article 5

1. It shall be prohibited:

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

(b) to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annexes I and II, or related to the provision, manufacture, maintenance and use of goods listed in Annexes I and II, to any natural or legal person, entity or body in, or for use in, Iran;

(c) to provide, directly or indirectly, technical assistance or brokering services related to equipment which might be used for internal repression as listed in Annex III, to any natural or legal person, entity or body in, or for use in, Iran;

(d) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union or in Annexes I, II and III, 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 natural or legal person, entity or body in, or for use in, Iran;

(e) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) to (d).

2. The provision of the following shall be subject to an authorisation of the competent authority of the Member State concerned:

(a) technical assistance or brokering services related to goods and technology listed in Annex IV and to the provision, manufacture, maintenance and use of these items, directly or indirectly to any person, entity or body in, or for use in, Iran;

(b) financing or financial assistance related to goods and technologies referred to in Annex IV, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these items, or for any provision of related technical assistance, directly or indirectly, to any person, entity or body in, or for use in, Iran.

3. The competent authorities of the Member States, as identified in the websites listed in Annex V, shall not grant any authorisation for the transactions referred to in paragraph 2, if they determine that the action were to contribute to one of the following activities:

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

(b) the development of nuclear weapon delivery systems by Iran;

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

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

Article 6

Article 2(1)(a) shall not apply to the goods falling within Part B of Annex I, when they are sold, supplied, transferred or exported to, or for use in, Iran for a light water reactor in Iran whose construction has begun before December 2006.

Article 7

1. The competent authorities of the Member States, as identified in the websites listed in Annex V, may grant, under such terms and conditions as they deem appropriate, an authorisation for a transaction in relation to goods and technology referred to in Article 2(1) or assistance or brokering services referred to in Article 5(1), if the following conditions are met:

(a) the contract for delivery of the goods or technology, or for the provision of assistance, includes appropriate end-user guarantees;

(b) Iran has undertaken not to use the goods or technology concerned, or if applicable, the assistance concerned, in proliferation sensitive nuclear activities or for development of nuclear weapon delivery systems;

(c) if the transaction concerns 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 contribute neither to the development of technologies in support of Iran's proliferation sensitive nuclear activities, nor to the development of nuclear weapon development delivery systems; and

(d) if the goods or technology concerned can be considered as key equipment or technology for the oil and natural gas industry, the end-user is not an enterprise engaged in exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas, as referred to in Article 8(1).

2. The Member State concerned shall inform the other Member States and the Commission when it rejects a request for an authorisation.

Article 8

1. It shall be prohibited to sell, supply, transfer or export goods or technology listed in Annex VI, directly or indirectly, to any natural or legal person, entity or body in, or for use in, Iran, or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the following activities:

(a) exploration of crude oil and natural gas;

(b) production of crude oil and natural gas;

(c) refining;

(d) liquefaction of natural gas.

2. Annex VI shall include key equipment and technology used in the industries mentioned in paragraph 1. Annex VI shall not include items included in the Common Military List of the European Union, Annex I or Annex II.

3. An enterprise engaged in the manufacture of certain goods or in a certain activity shall be construed as including an enterprise proposing to engage in such manufacture or such activity.

Article 9

It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annex VI, or related to the provision, manufacture, maintenance and use of goods listed in Annex VI, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the following activities:

(i) exploration of crude oil and natural gas;

(ii) production of crude oil and natural gas;

(iii) refining;

(iv) liquefaction of natural gas;

(b) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in Annex VI, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the activities referred to in point (a);

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

Article 10

1. The prohibitions in Article 8(1) and 9 shall not apply to:

(a) in the case of Article 8.1, transactions required by a trade contract concluded before 26 July 2010 or by a contract or agreement concluded before 26 July 2010 and relating to an investment in Iran made before 26 July 2010;

(b) in the case of Article 9, the provision of assistance required by a contract or agreement concluded before 26 July 2010 and relating to an investment made in Iran before 26 July 2010,

provided that the conditions set out in points (c) and (d) are met,

(c) the natural or legal person, entity or body seeking to engage in the transaction or to provide assistance has notified the transaction or assistance to one of the competent authorities of the Member States, as identified in the websites listed in Annex V; and

(d) the competent authority which received the notification has not informed the applicant within 15 working days that it considers that the conditions set out in points (a) or (b) are not met.

2. The sale, supply, transfer or export of goods or technology listed in Annex VI and the provision of related brokering services, assistance or financing to Iran or to an Iranian enterprise shall be notified to one of the competent authorities of the Member States, as identified in the websites listed in Annex V, if the person, entity, body or enterprise concerned is not engaged in one or more of the activities referred to in Article 8(1).

The transaction or provision of services, assistance or financing shall be so notified at least 15 working days before it takes place. It shall be prohibited if the competent authority which received the notification, informs within 15 working days that it considers that it is prohibited by Article 8(1) or 9.

Chapter IIIRestrictions on investment

Article 11

1. It shall be prohibited:

(a) to make an investment in an Iranian enterprise engaged in the manufacture of goods or technology listed in the Common Military List of the European Union or in Annex I or II;

(b) to make an investment in an Iranian enterprise engaged in the manufacture of equipment which might be used for internal repression as listed in Annex III;

(c) to make an investment in an Iranian enterprise engaged in the exploration or production of crude oil and natural gas, the refining of hydrocarbons or the liquefaction of natural gas;

(d) to form any joint venture, incorporations, non-incorporated associations, or cooperation in whatever legal form with an Iranian enterprise engaged in the exploration or production of crude oil and natural gas, the refining of hydrocarbons or the liquefaction of natural gas;

(e) to seek or to give effect to any concentration within the meaning of Article 3 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings[16] with an Iranian enterprise referred to under (c);

(f) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) to (e).

2. The co-operation referred to in paragraph 1(d) includes:

(a) co-operation in any form, or sharing investments costs, in an integrated or managed supply chain for the delivery of oil and gas, or their derivative products, to international markets with an enterprise or undertaking, whether incorporated or not, that is engaged in the oil and gas sector upon the territory of Iran;

(b) co-operation in any form for the purpose of refining, conditioning or processing otherwise of raw materials or transmitting by pipeline of the products of the oil and gas sectors upon the territory of Iran with an enterprise or undertaking, whether incorporated or not, that is engaged in the oil and gas sector upon the territory of Iran;

(c) co-operation in any form for the purpose of facilitating the investment in or optimising the utilisation of transmission capacity for oil or gas with an enterprise or undertaking, whether incorporated or not, that is engaged in the oil and gas sector upon the territory of Iran.

(d) co-operation with any legal person, entity or body in any form for the purpose of facilitating the investment in liquefied natural gas facilities within or directly or indirectly connected to the territory of Iran.

3. An enterprise engaged in the manufacture of certain goods or in a certain activity shall be construed as including an enterprise proposing to engage in such manufacture or such activity.

4. Paragraph 1 shall be without prejudice to the execution of trade contracts for the supply of goods or services on usual commercial payment conditions and the usual supplementary agreements in connection with the execution of these contracts such as export credit insurances.

Article 12

1. The making of an investment in an Iranian enterprise engaged in the manufacture of goods or technology listed in Annex IV shall be subject to an authorisation of the competent authority of the Member State concerned.

2. The competent authorities of the Member States, as identified in the websites listed in Annex V, shall not grant any authorisation for the transactions referred to in paragraph 1, if they determine that the action would contribute to one of the following activities:

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

(b) the development of nuclear weapon delivery systems by Iran;

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

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

Article 13

By way of derogation from Article 11(1)(a), the competent authorities of the Member States, as identified in the websites listed in Annex V, may grant, under such terms and conditions as they deem appropriate, an authorisation to make an investment, if the following conditions are met:

(a) the Iranian enterprise has committed itself to apply appropriate end-user guarantees as regards the goods or technology concerned;

(b) Iran has undertaken not to use the goods or technology concerned in proliferation sensitive nuclear activities or for development of nuclear weapon delivery systems;

(c) if the investment is made in an Iranian enterprise 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 contribute neither to the development of technologies in support of Iran's proliferation sensitive nuclear activities, nor to the development of nuclear weapon development delivery systems; and

(d) if the goods or technology manufactured by the Iranian enterprise can be considered as key equipment or technology for the oil and natural gas industry, the end-user is not an Iranian enterprise engaged in exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas, as referred to in Article 8(1).

Article 14

Article 11(1)(c) shall not apply to the acquisition or extension of a participation in an Iranian enterprise or to the granting of a financial loan or credit, if the following conditions are met:

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

(b) the competent authority has been informed of this agreement or contract and has not contested within two months that the condition at (a) is met.

Article 15

It shall be prohibited:

(a) to accept or approve, by concluding an agreement or by any other means, that an investment be made by one or more Iranian enterprises or by a person, entity or body in Iran, in an enterprise engaged in any of the following activities:

(i) uranium mining,

(ii) uranium enrichment and reprocessing of uranium;

(iii) the manufacture of goods or technology contained in the Nuclear Suppliers Group and Missile Technology Control Regime lists.

(b) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibition in point (a).

Chapter IVFreezing of funds and economic resources

Article 16

1. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex VII shall be frozen. Annex VII shall include the persons, entities and bodies designated by the United Nations Security Council or by the Sanctions Committee in accordance with paragraph 12 of United Nations Security Council Resolution 1737 (2006), paragraph 7 of United Nations Security Council Resolution 1803 (2008) or paragraph 11, 12 or 19 of United Nations Security Council Resolution 1929 (2010).

2. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex VIII shall be frozen. Annex VIII shall include natural and legal persons, entities and bodies, not covered by Annex VII, who, in accordance with Article 20(1)(b) of Council Decision 2010/413/CFSP, have been identified as:

(a) being engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or its development of nuclear weapon delivery systems, including through involvement in 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;

(b) 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 or the measures taken by a Member State or a third country complying with Council Decision 2010/413/CFSP or UN Security Council Resolutions 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010);

(c) being a senior 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 senior members;

(d) being a legal person, entity or body owned or controlled by the Islamic Republic of Iran Shipping Lines.

3. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annexes VII and VIII.

4. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1, 2 and 3 shall be prohibited.

5. Annexes VII and VIII shall include the grounds for listing of persons, entities and bodies listed respectively by the UN Security Council or the Sanctions Committee, or the Council, and their dates of designation.

6. Annexes VII and VIII shall also include, where available, information on listed natural persons, for the purpose of identifying sufficiently the persons concerned. Such information shall only include:

(a) surname and given names, including alias names and titles, if any;

(b) date and place of birth;

(c) nationality;

(d) passport and identity card numbers;

(e) fiscal and social security numbers;

(f) gender;

(g) address or other information on whereabouts;

(h) function or profession.

7. Annexes VII and VIII may also include information as set out above on family members of the persons listed, provided that this information is necessary in a specific case for the sole purpose of verifying the identity of the listed natural person concerned.

Article 17

By way of derogation from Article 16, the competent authorities of the Member States, as indicated in the websites listed in Annex V, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

(a) 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 16 has been designated by the Sanctions Committee, the Security Council or by the Council or of a judicial, administrative or arbitral judgment rendered prior to that date;

(b) 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;

(c) the lien or judgment is not for the benefit of a person, entity or body listed in Annex VII or VIII;

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

(e) if Article 16(1) applies, the Sanctions Committee has been notified by the Member State of the lien or judgment.

Article 18

By way of derogation from Article 16 and provided payment by a person, entity or body listed in Annex VII or VIII is due under a contract, agreement or obligation that was concluded by, or arose for the person, entity or body concerned, before the date on which that person, entity or body has been designated by the Sanctions Committee, the Security Council or by the Council, the competent authorities of the Member States, as indicated in the websites listed in Annex V, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, if the following conditions are met:

(a) the competent authority concerned has determined that:

(i) the funds or economic resources shall be used for a payment by a person, entity or body listed in Annex VII or VIII;

(ii) the contract, agreement or obligation will not contribute to the manufacture, sale, purchase, transfer, export, import, transport or use of goods and technology listed in Annexes I, II, III and VI; and

(iii) the payment is not in breach of Article 16(3);

(b) if Article 16(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; and

(c) if Article 16(2) applies, the Member State concerned has notified that determination of its competent authority and its intention to grant an authorisation to the other Member States and to the Commission at least two weeks prior to the authorisation.

Article 19

1. By way of derogation from Article 16, the competent authorities of the Member States, as identified in the websites listed in Annex V, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, if the following conditions are met:

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

(i) necessary to satisfy the basic needs of persons listed in Annex VII or VIII, and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(ii) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or

(iii) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; and

(b) if the authorisation concerns a person, entity or body listed in Annex VII, 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 five working days of notification.

2. By way of derogation from Article 16, the competent authorities of the Member States, as indicated in the websites listed in Annex V, may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses or for payment for goods referred to in Article 6 when procured for a light water reactor in Iran whose construction has begun before December 2006, provided that

(a) if the authorisation concerns a person, entity or body listed in Annex VII, the Sanctions Committee has been notified of this determination by the Member State concerned and that the determination has been approved by that Committee, and

(b) if the authorisation concerns a person, entity or body listed in Annex VIII, the competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the other competent authorities of the Member States and to the Commission at least two weeks before the authorisation.

3. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2.

Article 20

1. Article 16(3) shall not prevent financial or credit institutions from crediting frozen accounts where they receive funds transferred to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.

2. Article 16(3) shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) 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 16 has been designated by the Sanctions Committee, the Security Council or by the Council;

provided that any such interest, other earnings and payments are frozen in accordance with Article 16(1) or 16(2).

3. This Article shall not be construed as authorising transfers of funds referred to in Article 21.

Chapter VRestrictions on transfers of funds and on financial services

Article 21

1. Except where the conditions of paragraph 2, 3, 4 or 6 are met, it shall be prohibited:

(a) to give an order for a transfer of funds having a value of Euro 10 000 or more to a person, entity or body in Iran;

(b) to receive a transfer of funds having a value of Euro 10 000 or more from a person, entity or body in Iran;

(c) to execute transfers of funds having a value of Euro 10 000 or more initiated by a person, entity or body in Iran, or to execute transfers of funds having a value of Euro 10 000 or more to a person, entity or body in Iran.

These prohibitions shall apply regardless of whether the transfer of funds is executed in a single operation or in several operations which appear to be linked.

2. The prohibitions in paragraph 1 shall not apply to transfers of funds that are payments due for the supply of foodstuffs or medical equipment or for the provision of healthcare, or that are made for humanitarian purposes, provided the transfer of funds has been notified in writing to one of the competent authorities of the Member States, as identified in the websites listed in Annex V.

The transfer of funds shall be so notified by the natural or legal person, entity or body giving the order for a transfer of funds or, if that person, entity or body giving the order does not fall within the scope of Article 36, by the natural or legal person, entity or body receiving and executing the order for the transfer of funds.

3. The prohibitions in paragraph 1 shall not apply to transfers having a value below Euro 40 000 other than those referred in paragraph 2, if the natural or legal person, entity or body giving the order or, where that person, entity or body does not fall within the scope of Article 36, the person, entity or body executing the transfer of funds has notified in writing the transfer of funds to one of the competent authorities of the Member States, as identified in the websites listed in Annex V.

4. The competent authorities of the Member States, as identified in the websites listed in Annex V, may grant, under such terms and conditions as they deem appropriate, an authorisation for a transfer of funds having a value of Euro 40 000 or more, unless they determine that the transfer of funds for which an authorisation is requested, would contribute to one of the following activities:

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

(b) the development of nuclear weapon delivery systems by Iran;

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

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

An authorisation shall be deemed granted, if a competent authority has received a request in writing for an authorisation and, within four weeks, the competent authority has not objected in writing to the transfer of funds. If the objection is raised because an investigation is pending, the competent authority shall state this and communicate its decision as soon as possible. The authorisation shall be deemed granted if no decision is communicated four weeks from the raising of the objection.

The Member State concerned shall inform the other Member States and the Commission when it rejects a request for an authorisation.

5. The Member States shall assist each other upon request where necessary for the purpose of an investigation.

6. Paragraph 1 shall not apply where an authorisation for a transfer has been granted in accordance with Article 17, 18 or 19.

Article 22

1. Branches and subsidiaries of credit and financial institutions domiciled in Iran falling within the scope of Article 36, as listed in Annex IX, shall notify the competent authority of the Member State where they are established, as identified in the websites listed in Annex V, of all transfers of funds carried out or received by them, the names of the parties, the amount and the date of the transaction, within five working days after carrying out or receiving the transfer of funds concerned. If the information is available, the notification must specify the nature of the transaction and, where appropriate, the nature of the goods covered by the transaction and must, in particular, state whether the goods are covered by Annex I, II, III, IV or VI of this Regulation and, if their export is subject to authorisation, indicate the number of the licence granted.

2. Subject to, and in accordance with, the information-sharing arrangements, the other notified competent authorities shall without delay transmit these data, as necessary, in order to prevent any transaction that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapons delivery systems, to the competent authorities of other Member States where the counterparts to such transactions are established.

Article 23

1. Credit and financial institutions which come within the scope of Article 36 shall, in their activities with credit and financial institutions referred to in paragraph 2, and in order to prevent such activities contributing to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems:

(a) exercise continuous vigilance over account activity, particularly through their programmes on customer due diligence and under their obligations relating to money laundering and financing of terrorism;

(b) 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;

(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 financial intelligence unit (FIU) or to another competent authority designated by the Member State concerned, as indicated on the websites listed in Annex V, without prejudice to Articles 5 and 16. The FIU or such other competent authority will serve as a national centre for receiving and analysing suspicious transaction reports regarding potential proliferation financing. 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.

The above requirements for credit and financial institutions shall be complementary to existing obligations deriving from Regulation 1781/2006[17] and from the implementation of Directive 2005/60/EC.

2. The measures set out in paragraph 1 shall apply to credit and financial institutions in their activities with:

(a) credit and financial institutions domiciled in Iran;

(b) branches and subsidiaries, where they come within the scope of Article 36, of credit and financial institutions domiciled in Iran, as listed in Annex IX;

(c) branches and subsidiaries, where they do not come within the scope of Article 36, of credit and financial institutions domiciled in Iran, as listed in Annex IX;

(d) credit and financial institutions that are neither domiciled in Iran nor come within the scope of Article 36 but are controlled by persons and entities domiciled in Iran, as listed in Annex IX.

Article 24

1. It shall be prohibited for credit and financial institutions falling within the scope of Article 36 to do any of the following:

(a) to open a bank account with a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or with any branch or subsidiary of such a credit or financial institution listed in Annex IX;

(b) to establish a correspondent banking relationship with a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or with any branch or subsidiary of such a credit or financial institution listed in Annex IX,

(c) to open a representative office in Iran or to establish a branch or subsidiary in Iran;

(d) to acquire or extend a participation in a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or in any branch or subsidiary of such a credit or financial institution listed in Annex IX, or to acquire any other ownership interest in such a credit or financial institution;

(e) to establish a joint venture with a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or with any branch or subsidiary of such a credit or financial institution listed in Annex IX.

2. It shall be prohibited:

(a) 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, including the Central Bank of Iran, or of any branch or subsidiary of such a credit or financial institution listed in Annex IX;

(b) to negotiate or conclude agreements for, or on behalf of, a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or for, or on behalf of, any branch or subsidiary of such a credit or financial institution listed in Annex IX, pertaining to the creation of a representative office, branch or subsidiary in the Union;

(c) 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, including the Central Bank of Iran, or of any branch or subsidiary of such a credit or financial institution listed in Annex IX, if the representative office, branch or subsidiary was not operational before 26 July 2010.

Article 25

It shall be prohibited:

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

(i) Iran or its Government, and its public bodies, corporations and agencies;

(ii) a credit or financial institution domiciled in Iran, including the Central Bank of Iran, or any branch or subsidiary listed in Annex IX;

(iii) a natural person or a legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to under (i) or (ii);

(iv) a legal person, entity or body owned or controlled by a person, entity or body referred to under (i), (ii) or (iii);

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

(c) 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 respect to such bonds.

Article 26

1. It shall be prohibited:

(a) to provide insurance or re-insurance to:

(i) Iran or its Government, and its public bodies, corporations and agencies;

(ii) an Iranian enterprise; or

(iii) a natural person or a legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to under (i) or (ii).

(b) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibition in point (a).

2. Paragraph 1 shall not apply to the provision of health and travel insurance to individuals.

3. This Article prohibits the extension or renewal of insurance and re-insurance agreements concluded before the entry into force of this Regulation, but does not prohibit compliance with agreements made before that date.

Chapter VI Restrictions on transport

Article 27

1. In order to prevent the transfer of goods and technology covered by the Common Military List of the EU or whose supply, sale, transfer, export or import is prohibited by this Regulation, all goods brought into or leaving the customs territory of the Union from or to Iran shall be made subject to pre-arrival or pre-departure information to be submitted to the competent customs authorities of the Member State concerned.

2. The rules governing the obligation to provide pre-arrival and pre-departure information, in particular time limits to be respected and data required, shall be as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[18] and in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92[19].

3. Furthermore, the person who brings the goods into or out of the customs territory of the Union from or to Iran, or who assumes responsibility for the carriage of the goods to or from Iran, or his representative, shall declare whether the goods are covered by the Common Military List of the EU or by this Regulation and, if their export is subject to authorisation, specify the particulars of the export licence granted.

4. Until 31 December 2010 the entry and exit summary declarations and the required additional elements referred to in paragraph 3 may be submitted in written form using commercial, port or transport information, provided that they contain the necessary particulars.

5. As from 1 January 2011, the required additional elements referred to in this Article shall be submitted:

- for goods brought into the customs territory of the Union, either in written form or using an entry and exit summary declaration as appropriate, and

- for goods brought out of the customs territory of the Union, either by a customs declaration or, where a customs declaration is not required, an exit summary declaration.

Article 28

1. The provision by nationals of Member States or from the territories of Member States of bunkering or ship supply services, or any other servicing of vessels, to Iranian vessels shall be prohibited where the providers of the service have information, including from the competent customs authorities on the basis of the pre-arrival and pre-departure information referred to in the previous Article, that provides reasonable grounds to believe that the vessels carry goods covered by the EU Common Military List or goods whose supply, sale, transfer or export is prohibited under this Regulation, unless the provision of such services is necessary for humanitarian purposes.

2. 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, where the providers of the service have information, including from the competent customs authorities on the basis of the pre-arrival and pre-departure information referred to in the previous Article, that provides reasonable grounds to believe that the cargo aircraft carry goods covered by the EU Common Military List or goods the supply, sale, transfer or export of which is prohibited under this Regulation, unless the provision of such services is necessary for humanitarian and safety purposes.

3. The prohibitions in paragraphs 1 and 2 apply until the cargo has been inspected, and seized or disposed of if necessary, as the case may be.

Chapter VII Restrictions on granting of certain claims

Article 29

1. No claims in connection with any contract or transaction the performance of which would have been affected, directly or indirectly, wholly or in part, by the measures imposed by Regulation (EC) No 423/2007 or this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a) designated persons, entities or bodies listed in Annexes VII, VIII and IX;

(b) any other person, entity or body in Iran, including the Iranian government;

(c) any person, entity or body acting through or on behalf of one of these persons, entities or bodies.

2. The performance of a contract or transaction shall be regarded as having been affected by the measures imposed by Regulation (EC) No 423/2007 or by this Regulation where the existence or content of the claim results directly or indirectly from those measures.

3. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.

4. This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in light of Regulation (EC) No 423/2007 or this Regulation.

Chapter VIIIGeneral and final provisions

Article 30

1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

(a) supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 16, to the competent authorities of the Member States, as indicated in the websites listed in Annex V, where they are resident or located, and shall transmit such information, directly or through the Member States, to the Commission;

(b) cooperate with the competent authorities, as indicated in the websites listed in Annex V, in any verification of this information.

2. Any additional information directly received by the Commission shall be made available to the Member State concerned.

3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 31

1. The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.

2. The prohibitions set out in Articles 5(1)(d), 5(1)(e), 9(b), 15, 16(3), 25(1)(a) and 26 shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe these prohibitions.

3. The disclosure in good faith, as provided for in Articles 21, 22 and 23 by an institution or by a person covered by this Regulation or an employee or director of such an institution, of the information referred to in Articles 21, 22 and 23 shall not involve the institution or person or its directors or employees in liability of any kind.

Article 32

The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violations and enforcement problems and judgments handed down by national courts.

Article 33

1. The Commission shall:

(a) 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;

(b) amend Annex IV on the basis of information supplied by Member States;

(c) amend Annex V on the basis of information supplied by Member States;

(d) amend Annex VII on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee.

2. The Council, acting by qualified majority, shall establish, review and amend the list of persons, entities and bodies referred to in Article 16(2) and in full accordance with the determinations made by the Council in respect of Annex II to Council Decision 2010/413/CFSP. The list in Annex VIII shall be reviewed in regular intervals and at least every 12 months.

3. The Commission and the Council shall state individual and specific reasons for the decisions taken pursuant to paragraph 1(d) and paragraph 2, respectively, providing the natural or legal person, entity or body concerned with an opportunity to express his, her or its view on the matter. Where observations are submitted, the Commission or the Council shall review its decision and inform the person, entity or body accordingly.

4. The Commission shall process personal data in order to carry out its tasks under this Regulation. These tasks include:

(a) preparing amendments of Annex VII to this Regulation;

(b) consolidating the contents of Annex VII and VIII in the electronic, consolidated list of persons, groups and entities subject to EU financial sanctions available on the Commission website[20];

(c) processing of information concerning the grounds for listing; and

(d) processing of information on the impact of the measures of this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.

5. The Council shall process personal data in order to carry out its tasks under this Regulation. These tasks include:

(a) preparing amendments of Annex VIII to this Regulation; and

(b) processing of information concerning the grounds for listing.

6. The Council and the Commission may process relevant data relating to criminal offences committed by listed natural persons, and to criminal convictions or security measures concerning such persons, only to the extent that such processing is necessary for the preparation of grounds for listing and review of the views on it expressed by the natural person concerned, subject to appropriate specific safeguards. Such data shall not be made public or exchanged.

7. For the purposes of this Regulation, the Council and Commission units listed in Annex V are designated as “controller” for the Institution concerned within the meaning of Article 2(d) of Regulation (EC) No 45/2001, in order to ensure that the natural persons concerned can exercise their rights under Regulation (EC) No 45/2001.

Article 34

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2. Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Article 35

1. Member States shall designate the competent authorities referred to in this Regulation and identify them in the websites listed in Annex V. Member States shall notify the Commission of any changes to the addresses of their websites listed in Annex V before such changes take effect.

2. Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.

3. Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex V.

Article 36

This Regulation shall apply:

(a) within the territory of the Union, including its airspace;

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

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

(d) to any legal person, entity or body which is incorporated or constituted under the law of a Member State;

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

Article 37

Regulation (EC) No 423/2007 is repealed. References to the repealed regulation shall be construed as references to this regulation.

Article 38

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the Council

The President […]

ANNEX I

PART A

Goods and technology referred to in Articles 2(1)(a), 2(2), 4, 5(1)(b) and 5(1)(d)

This Annex comprises all goods and technology listed in Annex I to Regulation (EC) No 428/2009, as defined therein, except the following:

Item from Annex I to Regulation (EC) No 428/2009 | Description |

5A001 | Telecommunications systems, equipment, components and accessories as follows: a. Any type of telecommunications equipment having any of the following characteristics, functions or features: 1. Specially designed to withstand transitory electronic effects or electromagnetic pulse effects, both arising from a nuclear explosion; 2. Specially hardened to withstand gamma, neutron or ion radiation; or 3. Specially designed to operate outside the temperature range from 218 K (-55°C) to 397 K (124°C); Note: 5A001.a.3. applies only to electronic equipment. Note: 5A001.a.2. and 5A001.a.3. do not control equipment designed or modified for use on board satellites. b. Telecommunication systems and equipment, and specially designed components and accessories therefor, having any of the following characteristics, functions or features: 1. Being underwater untethered communications systems having any of the following: a. An acoustic carrier frequency outside the range from 20 kHz to 60 kHz; b. Using an electromagnetic carrier frequency below 30 kHz; c. Using electronic beam steering techniques; or d. Using "lasers" or light-emitting diodes (LEDs) with an output wavelength greater than 400 nm and less than 700 nm, in a "local area network"; 2. Being radio equipment operating in the 1.5 MHz to 87.5 MHz band and having all of the following: a. Automatically predicting and selecting frequencies and "total digital transfer rates" per channel to optimise the transmission; and b. Incorporating a linear power amplifier configuration having a capability to support multiple signals simultaneously at an output power of 1 kW or more in the frequency range of 1.5 MHz or more but less than 30 MHz, or 250 W or more in the frequency range of 30 MHz or more but not exceeding 87.5 MHz, over an "instantaneous bandwidth" of one octave or more and with an output harmonic and distortion content of better than -80 dB; 3. Being radio equipment employing "spread spectrum" techniques, including "frequency hopping" techniques, other than those specified in 5A001.b.4. and having any of the following: a. User programmable spreading codes; or b. A total transmitted bandwidth which is 100 or more times the bandwidth of any one information channel and in excess of 50 kHz; Note: 5A001.b.3.b. does not control radio equipment specially designed for use with civil cellular radio-communications systems . Note: 5A001.b.3 does not control equipment designed to operate at an output power of 1 W or less. 4. Being radio equipment employing ultra-wideband modulation techniques, having user programmable channelising codes, scrambling codes or network identification codes and having any of the following: a. A bandwidth exceeding 500 MHz; or b. A "fractional bandwidth" of 20% or more; 5. Being digitally controlled radio receivers having all of the following: a. More than 1,000 channels; b. A "frequency switching time" of less than 1 ms; c. Automatic searching or scanning of a part of the electromagnetic spectrum; and d. Identification of the received signals or the type of transmitter; or Note: 5A001.b.5. does not control radio equipment specially designed for use with civil cellular radio-communications systems. 6. Employing functions of digital "signal processing" to provide 'voice coding' output at rates of less than 2,400 bit/s: Technical Notes: 1. For variable rate 'voice coding', 5A001.b.6. applies to the 'voice coding' output of continuous speech. 2. For the purposes of 5A001.b.6., 'voice coding' is defined as the technique to take samples of human voice and then convert these samples into a digital signal, taking into account specific characteristics of human speech. c. Optical fibre communication cables, optical fibres and accessories, as follows: 1. Optical fibres of more than 500 m in length, and specified by the manufacturer as being capable of withstanding a 'proof test' tensile stress of 2 x 109 N/m2 or more; Technical Note: 'Proof Test': on-line or off-line production screen testing that dynamically applies a prescribed tensile stress over a 0.5 to 3 m length of fibre at a running rate of 2 to 5 m/s while passing between capstans approximately 150 mm in diameter. The ambient temperature is a nominal 293 K (20oC) and relative humidity 40%. Equivalent national standards may be used for executing the proof test. 2. Optical fibre cables and accessories, designed for underwater use; Note: 5A001.c.2. does not control standard civil telecommunication cables and accessories. N.B. 1: For underwater umbilical cables, and connectors therefor, see 8A002.a.3. N.B. 2: For fibre-optic hull penetrators or connectors, see 8A002.c. d. "Electronically steerable phased array antennae" operating above 31.8 GHz; Note: 5A001.d. does not control "electronically steerable phased array antennae" for landing systems with instruments meeting ICAO standards covering Microwave Landing Systems (MLS). e. Radio direction finding equipment operating at frequencies above 30 MHz and having all of the following, and specially designed components therefor: 1. "Instantaneous bandwidth" of 10 MHz or more; and 2. Capable of finding a Line Of Bearing (LOB) to non-cooperating radio transmitters with a signal duration of less than 1 ms; f. Jamming equipment specially designed or modified to intentionally and selectively interfere with, deny, inhibit, degrade or seduce mobile telecommunications services and perform any of the following, and specially designed components therefore: 1. Simulate the functions of Radio Access Network (RAN) equipment; 2. Detect and exploit specific characteristics of the mobile telecommunications protocol employed (e.g., GSM); or 3. Exploit specific characteristics of the mobile telecommunications protocol employed (e.g., GSM); N.B.: For GNSS jamming equipment see Military Goods Controls. g. Passive Coherent Location (PCL) systems or equipment, specially designed for detecting and tracking moving objects by measuring reflections of ambient radio frequency emissions, supplied by non-radar transmitters: Technical Note: Non-radar transmitters may include commercial radio, television or cellular telecommunications base stations. Note: 5A001.g. does not control any of the following: a. Radio-astronomical equipment; or b. Systems or equipment, that require any radio transmission from the target. h. Electronic equipment designed or modified to prematurely activate or prevent the initiation of Radio Controlled Improvised Explosive Devices (RCIED): N.B.: SEE ALSO MILITARY GOODS CONTROLS. |

5A002 | "Information security" systems, equipment and components therefor, as follows: a. Systems, equipment, application specific "electronic assemblies", modules and integrated circuits for "information security", as follows and other specially designed components therefor: N.B.: For the control of Global Navigation Satellite Systems (GNSS) receiving equipment containing or employing decryption (i.e., GPS or GLONASS), see 7A005. 1. Designed or modified to use "cryptography" employing digital techniques performing any cryptographic function other than authentication or digital signature and having any of the following: Technical Notes: 1. Authentication and digital signature functions include their associated key management function. 2. Authentication includes all aspects of access control where there is no encryption of files or text except as directly related to the protection of passwords, Personal Identification Numbers (PINs) or similar data to prevent unauthorised access. 3. "Cryptography" does not include "fixed" data compression or coding techniques. Note: 5A002.a.1. includes equipment designed or modified to use "cryptography" employing analogue principles when implemented with digital techniques. a. A "symmetric algorithm" employing a key length in excess of 56 bits; or b. An "asymmetric algorithm" where the security of the algorithm is based on any of the following: 1. Factorisation of integers in excess of 512 bits (e.g., RSA); 2. Computation of discrete logarithms in a multiplicative group of a finite field of size greater than 512 bits (e.g., Diffie-Hellman over Z/pZ); or 3. Discrete logarithms in a group other than mentioned in 5A002.a.1.b.2. in excess of 112 bits (e.g., Diffie-Hellman over an elliptic curve); 2. Designed or modified to perform cryptanalytic functions; 3. Not used; 4. Specially designed or modified to reduce the compromising emanations of information-bearing signals beyond what is necessary for health, safety or electromagnetic interference standards; 5. Designed or modified to use cryptographic techniques to generate the spreading code for "spread spectrum" systems, other than those specified in 5A002.a.6., including the hopping code for "frequency hopping" systems; 6. Designed or modified to use cryptographic techniques to generate channelising codes, scrambling codes or network identification codes, for systems using ultra-wideband modulation techniques and having any of the following: a. A bandwidth exceeding 500 MHz; or b. A "fractional bandwidth" of 20% or more; 7. Non-cryptographic information and communications technology (ICT) security systems and devices evaluated to an assurance level exceeding class EAL-6 (evaluation assurance level) of the Common Criteria (CC) or equivalent; 8. Communications cable systems designed or modified using mechanical, electrical or electronic means to detect surreptitious intrusion; 9. Designed or modified to use "quantum cryptography". Technical Note: "Quantum cryptography" is also known as Quantum Key Distribution (QKD). Note: 5A002 does not control any of the following: a. "Personalised smart cards" having any of the following: 1. Where the cryptographic capability is restricted for use in equipment or systems excluded from control under entries b. to g. of this Note; or 2. For general public-use applications where the cryptographic capability is not user-accessible and it is specially designed and limited to allow protection of personal data stored within; N.B. If a "personalised smart card" has multiple functions, the control status of each function is assessed individually. b. Receiving equipment for radio broadcast, pay television or similar restricted audience broadcast of the consumer type, without digital encryption except that exclusively used for sending the billing or programme-related information back to the broadcast providers; c. Equipment where the cryptographic capability is not user-accessible and which is specially designed and limited to allow any of the following: 1. Execution of copy-protected "software"; 2. Access to any of the following: a. Copy-protected contents stored on read-only media; or b. Information stored in encrypted form on media (e.g., in connection with the protection of intellectual property rights) when the media is offered for sale in identical sets to the public; 3. Copying control of copyright protected audio/video data; or 4. Encryption and/or decryption for protection of libraries, design attributes, or associated data for the design of semiconductor devices or integrated circuits; d. Cryptographic equipment specially designed and limited for banking use or 'money transactions'; Technical Note: 'Money transactions' in 5A002 Note d. includes the collection and settlement of fares or credit functions. e. Portable or mobile radiotelephones for civil use (e.g., for use with commercial civil cellular radio communication systems) that are not capable of transmitting encrypted data directly to another radiotelephone or equipment (other than Radio Access Network (RAN) equipment), nor of passing encrypted data through RAN equipment (e.g., Radio Network Controller (RNC) or Base Station Controller (BSC)); f. Cordless telephone equipment not capable of end-to-end encryption where the maximum effective range of unboosted cordless operation (i.e. a single, unrelayed hop between terminal and home base station) is less than 400 metres according to the manufacturer's specifications; or g. Portable or mobile radiotelephones and similar client wireless devices for civil use, that implement only published or commercial cryptographic standards (except for anti-piracy functions, which may be non-published) and also meet the provisions of paragraphs b. to d. of the Cryptography Note (Note 3 in Category 5 - Part 2), that have been customised for a specific civil industry application with features that do not affect the cryptographic functionality of these original non-customised devices; h. Equipment specially designed for the servicing of portable or mobile radiotelephones and similar client wireless devices that meet all the provisions of the Cryptography Note (Note 3 in Category 5, Part 2), where the servicing equipment meets all of the following: 1. The cryptographic functionality of the servicing equipment cannot easily be changed by the user of the equipment; 2. The servicing equipment is designed for installation without further substantial support by the supplier; and 3. The servicing equipment cannot change the cryptographic functionality of the device being serviced; i. Wireless "personal area network" equipment that implement only published or commercial cryptographic standards and where the cryptographic capability is limited to a nominal operating range not exceeding 30 metres according to the manufacturer’s specifications. |

5B001 | Telecommunications test, inspection and production equipment, components and accessories, as follows: a. Equipment and specially designed components or accessories therefor, specially designed for the "development", "production" or "use" of equipment, functions or features, specified in 5A001; Note: 5B001.a. does not control optical fibre characterization equipment. b. Equipment and specially designed components or accessories therefor, specially designed for the "development" of any of the following telecommunication transmission or switching equipment: 1. Equipment employing digital techniques designed to operate at a "total digital transfer rate" exceeding 15 Gbit/s; Technical Note: For switching equipment the "total digital transfer rate" is measured at the highest speed port or line. 2. Equipment employing a "laser" and having any of the following: a. A transmission wavelength exceeding 1750 nm; b. Performing "optical amplification" using praseodymium-doped fluoride fibre amplifiers (PDFFA); c. Employing coherent optical transmission or coherent optical detection techniques (also called optical heterodyne or homodyne techniques); or d. Employing analogue techniques and having a bandwidth exceeding 2.5 GHz; Note: 5B001.b.2.d. does not control equipment specially designed for the "development" of commercial TV systems. 3. Equipment employing "optical switching"; 4. Radio equipment employing Quadrature-Amplitude-Modulation (QAM) techniques above level 256; or 5. Equipment employing "common channel signalling" operating in non-associated mode of operation. |

5B002 | "Information security" test, inspection and "production" equipment, as follows: a. Equipment specially designed for the "development" or "production" of equipment specified in 5A002 or 5B002.b.; b. Measuring equipment specially designed to evaluate and validate the "information security" functions of the equipment specified in 5A002 or "software" specified in 5D002.a. or 5D002.c. |

5D001 | "Software" as follows: a. "Software" specially designed or modified for the "development", "production" or "use" of equipment, functions or features, specified in 5A001; b. "Software" specially designed or modified to support "technology" specified in 5E001; c. Specific "software" specially designed or modified to provide characteristics, functions or features of equipment, specified in 5A001 or 5B001; d. "Software" specially designed or modified for the "development" of any of the following telecommunication transmission or switching equipment: 1. Equipment employing digital techniques designed to operate at a "total digital transfer rate" exceeding 15 Gbit/s; Technical Note: For switching equipment the "total digital transfer rate" is measured at the highest speed port or line. 2. Equipment employing a "laser" and having any of the following: a. A transmission wavelength exceeding 1,750 nm; or b. Employing analogue techniques and having a bandwidth exceeding 2.5 GHz; Note: 5D001.d.2.b. does not control "software" specially designed or modified for the "development" of commercial TV systems. 3. Equipment employing "optical switching"; or 4. Radio equipment employing Quadrature-Amplitude-Modulation (QAM) techniques above level 256. |

5D002 | "Software" as follows: a. "Software" specially designed or modified for the "development", "production" or "use" of equipment specified in 5A002 or "software" specified in 5D002.c.; b. "Software" specially designed or modified to support "technology" specified in 5E002; c. Specific "software", as follows: 1. "Software" having the characteristics, or performing or simulating the functions of the equipment, specified in 5A002; 2. "Software" to certify "software" specified in 5D002.c.1. Note: 5D002 does not control "software" as follows: a. "Software" required for the "use" of equipment excluded from control by the Note to 5A002; b. "Software" providing any of the functions of equipment excluded from control by the Note to 5A002. |

5E001 | "Technology" as follows: a. "Technology" according to the General Technology Note for the "development", "production" or "use" (excluding operation) of equipment, functions or features specified in 5A001 or "software" specified in 5D001.a.; b. Specific "technology" as follows: 1. "Required" "technology" for the "development" or "production" of telecommunications equipment specially designed to be used on board satellites; 2. "Technology" for the "development" or "use" of "laser" communication techniques with the capability of automatically acquiring and tracking signals and maintaining communications through exoatmosphere or sub-surface (water) media; 3. "Technology" for the "development" of digital cellular radio base station receiving equipment whose reception capabilities that allow multi-band, multi-channel, multi-mode, multi-coding algorithm or multi-protocol operation can be modified by changes in "software"; 4. "Technology" for the "development" of "spread spectrum" techniques, including "frequency hopping" techniques; c. "Technology" according to the General Technology Note for the "development" or "production" of any of the following: 1. Equipment employing digital techniques designed to operate at a "total digital transfer rate" exceeding 15 Gbit/s; Technical Note: For switching equipment the "total digital transfer rate" is measured at the highest speed port or line. 2. Equipment employing a "laser" and having any of the following: a. A transmission wavelength exceeding 1,750 nm; b. Performing "optical amplification" using Praseodymium-Doped Fluoride Fibre Amplifiers (PDFFA); c. Employing coherent optical transmission or coherent optical detection techniques (also called optical heterodyne or homodyne techniques); d. Employing wavelength division multiplexing techniques of optical carriers at less than 100 GHz spacing; or e. Employing analogue techniques and having a bandwidth exceeding 2.5 GHz; Note: 5E001.c.2.e. does not control "technology" for the "development" or "production" of commercial TV systems. N.B.: For "technology" for the "development" or "production" of non-telecommunications equipment employing a laser, see 6E. 3. Equipment employing "optical switching"; 4. Radio equipment having any of the following: a. Quadrature-Amplitude-Modulation (QAM) techniques above level 256; b. Operating at input or output frequencies exceeding 31.8 GHz; or Note: 5E001.c.4.b. does not control "technology" for the "development" or "production" of equipment designed or modified for operation in any frequency band which is "allocated by the ITU" for radio-communications services, but not for radio-determination. c. Operating in the 1.5 MHz to 87.5 MHz band and incorporating adaptive techniques providing more than 15 dB suppression of an interfering signal; 5. Equipment employing "common channel signalling" operating in non-associated mode of operation; or 6. Mobile equipment having all of the following: a. Operating at an optical wavelength greater than or equal to 200 nm and less than or equal to 400 nm; and b. Operating as a "local area network"; d. "Technology" according to the General Technology Note for the "development" or "production" of Microwave Monolithic Integrated Circuit (MMIC) power amplifiers specially designed for telecommunications and having any of the following: 1. Rated for operation at frequencies exceeding 3.2 GHz up to and including 6 GHz and with an average output power greater than 4 W (36 dBm) with a "fractional bandwidth" greater than 15%; 2. Rated for operation at frequencies exceeding 6 GHz up to and including 16 GHz and with an average output power greater than 1 W (30 dBm) with a "fractional bandwidth" greater than 10%; 3. Rated for operation at frequencies exceeding 16 GHz up to and including 31.8 GHz and with an average output power greater than 0.8 W (29 dBm) with a "fractional bandwidth" greater than 10%; 4. Rated for operation at frequencies exceeding 31.8 GHz up to and including 37.5 GHz; 5. Rated for operation at frequencies exceeding 37.5 GHz up to and including 43.5 GHz and with an average output power greater than 0.25 W (24 dBm) with a "fractional bandwidth" greater than 10%; or 6. Rated for operation at frequencies exceeding 43.5 GHz; e. "Technology" according to the General Technology Note for the "development" or "production" of electronic devices and circuits, specially designed for telecommunications and containing components manufactured from "superconductive" materials, specially designed for operation at temperatures below the "critical temperature" of at least one of the "superconductive" constituents and having any of the following: 1. Current switching for digital circuits using "superconductive" gates with a product of delay time per gate (in seconds) and power dissipation per gate (in watts) of less than 10-14 J; or 2. Frequency selection at all frequencies using resonant circuits with Q-values exceeding 10,000. |

5E002 | "Technology" according to the General Technology Note for the "development", "production" or "use" of equipment specified in 5A002, 5B002 or "software" specified in 5D002.a. or 5D002.c. |

PART B

Article 6 applies to the following goods:

Entry of Annex I | Description |

0A001 | "Nuclear reactors" and specially designed or prepared equipment and components therefor, as follows: a. "Nuclear reactors"; b. Metal vessels, or major shop-fabricated parts therefor, including the reactor vessel head for a reactor pressure vessel, specially designed or prepared to contain the core of a "nuclear reactor"; c. Manipulative equipment specially designed or prepared for inserting or removing fuel in a "nuclear reactor"; d. Control rods specially designed or prepared for the control of the fission process in a "nuclear reactor", support or suspension structures therefor, rod drive mechanisms and rod guide tubes; e. Pressure tubes specially designed or prepared to contain fuel elements and the primary coolant in a "nuclear reactor" at an operating pressure in excess of 5.1 MPa; f. Zirconium metal and alloys in the form of tubes or assemblies of tubes in which the ratio of hafnium to zirconium is less than 1:500 parts by weight, specially designed or prepared for use in a "nuclear reactor"; g. Coolant pumps specially designed or prepared for circulating the primary coolant of "nuclear reactors"; h. 'Nuclear reactor internals' specially designed or prepared for use in a "nuclear reactor", including support columns for the core, fuel channels, thermal shields, baffles, core grid plates, and diffuser plates; Note: In 0A001.h. 'nuclear reactor internals' means any major structure within a reactor vessel which has one or more functions such as supporting the core, maintaining fuel alignment, directing primary coolant flow, providing radiation shields for the reactor vessel, and guiding in-core instrumentation. i. Heat exchangers (steam generators) specially designed or prepared for use in the primary coolant circuit of a "nuclear reactor"; j. Neutron detection and measuring instruments specially designed or prepared for determining neutron flux levels within the core of a "nuclear reactor". |

0C002 | "Special fissile materials" Note: 0C002 does not control four "effective grammes" or less when contained in a sensing component in instruments. |

ANNEX II

Goods and technology referred to in Article 2(1) (a), 2(3) 4, 5(1)(b) and 5(1)(d)

INTRODUCTORY NOTES

1. 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.

2. 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.

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

4. Definitions of terms between “double quotation marks” can be found in Anne