In relation to restrictive measures taken against Iran, such as the freezing of funds of entities providing support to the Iranian government, the criterion concerning the provision of support to that government does not involve establishing a causal link between the conduct constituting such provision and the pursuit of nuclear proliferation activities.

It is true that the said criterion does not concern any form of support to the Government of Iran, but covers forms of support which, by their quantitative or qualitative significance, contribute to the pursuit of Iran’s nuclear activities. Interpreted, subject to review by the EU judicature, by reference to the objective of applying pressure on the Iranian government to end activities posing a risk of nuclear proliferation, the criterion of support for the government thus objectively defines a limited category of persons and entities which may be subject to fund-freezing measures.

In the light of the purpose of the fund-freezing measures, it is unequivocally clear from the contested criterion that it is aimed in a targeted and selective manner at the relevant person’s or entity’s own activity, which, even if it has no actual direct or indirect connection with nuclear proliferation, is nevertheless capable of encouraging it by providing the Iranian government with resources or facilities of, inter alia, a material, financial or logistic nature which allow it to pursue proliferation activities.

However, it does not follow from the case-law that the concept of ’support to the Government of Iran’ involves proof of a connection between that support and the nuclear activities of the Islamic Republic of Iran. In that regard, a distinction must be made between, on the one hand, the criterion relating to the provision of support to the Government of Iran set out in Article 20(1)(c) of Decision 2010/413 and Article 23(2)(d) of Regulation No 267/2012 concerning the adoption of restrictive measures against Iran, and, on the other hand, the criterion relating to the provision of support ‘for … Iran’s proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems’ set out in Article 20(1)(b) of that decision and Article 23(2)(a) of that regulation. The application of the first criterion does not imply a certain degree of connection, even indirect connection, with Iran’s nuclear activities, required for the purposes of the application of the second criterion referred to above relating to the provision of support for Iran’s nuclear activities.

As regards the criterion of providing support for the Iranian government, it is apparent from recital 13 of Decision 2012/35, which inserted that criterion into Article 20(1)(c) of Decision 2010/413, that the Council, considering that the provision of support to the Iranian government was capable of encouraging the pursuit of proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems, intended to expand the criteria for listing by extending the adoption of fund-freezing measures to persons and entities providing support to that government, without requiring a direct or indirect link between that support and such activities.

Thus, the existence of a connection between the provision of support to the Iranian government and the pursuit of nuclear proliferation activities is expressly established by the applicable legislation. In that context, the contested criterion must be construed as being aimed at any support which, even though it has no direct or indirect connection with the development of nuclear proliferation, is nevertheless capable, as a result of its quantitative or qualitative significance, of encouraging such development, by providing the Iranian government with resources or facilities of, inter alia, a material, financial or logistic nature. Accordingly, the Council is not required to establish that there is a connection between the conduct constituting support and the facilitation of nuclear proliferation activities, since such a connection is established by the general rules applicable.

(see paras 49-54)