Council Common Position 2007/140/CFSP of 27 February 2007 concerning restrictive measures against Iran
Date: 2007-02-27
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, natural person, nuclear non-proliferation

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL COMMON POSITION 2007/140/CFSP

of 27 February 2007

concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

the United Nations Security
On 23 December 2006,
(UNSCR
adopted Resolution 1737 (2006)
Council
1737 (2006)), urging Iran to suspend without further
delay some proliferation sensitive nuclear activities and
introducing certain restrictive measures against Iran.

On 22 January 2007, the Council of the European Union
welcomed the measures contained in UNSCR 1737
(2006) and called on all countries to implement them
in full and without delay.

goods

to Iran of

transfer
and

technology which

UNSCR 1737 (2006) prohibits the direct or indirect
items, materials,
supply, sale or
equipment,
could
contribute to Iran's enrichment-related, reprocessing or
heavy water-related activities, or to the development of
nuclear weapon delivery systems. These items, materials,
equipment, goods and technology are contained in the
Nuclear Suppliers Group and Missile Technology Control
Regime lists.

training,

financial

assistance or

UNSCR 1737 (2006) also prohibits the provision of
assistance,
technical
investment, brokering or other services in relation to
items subject
to the export prohibition. The Council
considers it appropriate to extend this prohibition to
all items contained in the Nuclear Suppliers Group and
and
the Missile Technology Control Regime
considers
should also cover
financing.

these prohibitions

that

lists

UNSCR 1737 (2006) provides that the export of certain
further items should also be prohibited if it is determined
that they would contribute to enrichment- related, repro-
cessing or heavy water-related activities, or to the devel-
opment of nuclear weapon delivery systems, or
to
activities about which the IAEA has expressed concerns;

(6)

(7)

(8)

(9)

the export of such items should therefore be subject to
the
authorisation by the
Member States.

authorities of

competent

UNSCR 1737 (2006) also prohibits the procurement
from Iran of
above
mentioned export prohibition.

covered by

items

the

the

UNSCR 1737 (2006) calls upon Member States
to
exercise vigilance regarding the entry into, or transit
through, their territories of persons engaged in, directly
Iran's pro-
associated with, or providing support
liferation sensitive nuclear activities or for the devel-
opment of nuclear weapon delivery
as
designated in the Annex to UNSCR 1737 (2006) and
of
Security
to
Council or
paragraph 18 of UNSCR 1737 (2006) (‘the Committee’).

additional persons designated by
the Committee

established pursuant

systems,

for,

the

In line with the Council conclusions of 22 January 2007
and with the objectives of UNSCR 1737 (2006),
restrictions on admission should be applied in respect
of the persons designated by the Security Council or
the Committee, as well as of additional persons, using
the same criteria as those applied by the Security Council
or the Committee to identify the persons concerned.

UNSCR 1737 (2006) furthermore imposes a freezing of
funds, other financial assets and economic resources,
belonging to, owned, held or controlled, directly or
indirectly, by the persons or entities designated by the
Security Council or by the Committee as being engaged
for,
in, directly associated with, or providing support
Iran's proliferation sensitive nuclear activities or
the
development of nuclear weapon delivery systems, or by
persons or entities acting on their behalf or at their
direction, or by entities owned or controlled by them,
including through illicit means; it also imposes an obli-
gation that no funds,
financial assets or economic
resources be made available to, or for the benefit of,
such persons or entities.

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(10)

In line with the Council conclusions of 22 January 2007
and in order to fulfil the objectives of UNSCR 1737
(2006), the freezing referred to in recital 9 should also
be applicable to additional persons and entities, as
determined by the Council using the same criteria as
those
the
Committee to identify the persons or entities concerned.

Security Council

applied

the

by

or

(11) UNSCR 1737 (2006) calls upon all States to exercise
vigilance and prevent specialised teaching or training of
Iranian nationals of disciplines which would contribute
to Iran's nuclear proliferation sensitive activities and
development of nuclear weapon delivery systems.

(12) Action by the Community is needed in order

to

implement certain measures,

any sale, supply, transfer or export of these items and tech-
nologies, or for the provision of related technical training,
services or assistance, directly or indirectly to any person,
entity or body in, or for use in, Iran;

(c) participate, knowingly or

in activities the
object or effect of which is to circumvent the prohibition
referred to in points (a) and (b).

intentionally,

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

the

HAS ADOPTED THIS COMMON POSITION:

Article 2

Article 1

the
The direct or indirect supply, sale or transfer of
1.
following items, materials, equipment, goods and technology,
including software, to, or for the use in, or benefit of, Iran,
by nationals of Member States or through the territories of
Member States, or using their flag vessels or aircraft, shall be
prohibited whether originating or not in their territories:

(a)

technology
items, materials,
contained in the Nuclear Suppliers Group and Missile Tech-
nology Control Regime lists;

equipment,

goods

and

1.
The direct or indirect supply, sale or transfer to, or for the
use in, or benefit of, Iran, by nationals of Member States or
through the territories of Member States, or using their flag
vessels or aircraft, of items, materials, equipment, goods and
technology, including software, not covered by Article 1, that
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 IAEA has expressed concerns or ident-
ified as outstanding, shall be subject to authorisation on a case-
by-case basis by the competent authorities of the exporting
Member State. The European Community shall
the
necessary measures in order to determine the relevant items
to be covered by this provision.

take

(b) any additional items, materials, equipment, goods and tech-
nology, determined by the Security Council or
the
Committee, which could contribute to enrichment-related,
reprocessing or heavy water-related activities, or to the
development of nuclear weapon delivery systems;

2.

It shall also be prohibited to:

2.

The provision of:

(a)

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

(a) provide technical assistance or

training,

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

(b) provide financing or financial assistance related to items and
including in
for

referred to in paragraph 1,
loans and export credit

technologies
particular grants,

insurance,

(b) financing or financial assistance related to items and tech-
nologies referred to in paragraph 1, including in particular
for any sale,
grants,
supply,
the
for
provision of related technical training, services or assistance,
directly or indirectly to any person, entity or body in, or for
use in, Iran;

loans and export credit
transfer or export of

insurance,
these items, or

shall also be subject
authority of the exporting Member State.

to an authorisation of

the competent

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The competent authorities of the Member States shall not
3.
grant any authorisation for any supply, sale or transfer of the
items, materials, equipment, goods and technology referred to
in paragraph 1 if they determine that the sale, supply, transfer
or export concerned or the provision of the service concerned
would contribute to the activities referred to in paragraph 1.

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

3.
Paragraph 1 shall be without prejudice to cases where a
Member State is bound by an obligation of international law,
namely:

Article 3

The measures imposed by Article 1(1) and (2) shall not apply
where the Committee determines in advance and on a case-by-
case basis that such supply, sale, transfer or provision of such
items or assistance would clearly not contribute to the devel-
opment of Iran's technologies in support of its proliferation
sensitive nuclear activities and of development of nuclear
including where such items or
weapon delivery systems,
assistance are for food, agricultural, medical or other humani-
tarian purposes, provided that:

(i) as a host country of an international

intergovernmental

organisation;

(ii) as a host country to an international conference convened

by, or under the auspices of, the United Nations;

(iii) under a multilateral agreement conferring privileges and

immunities;

(a) contracts for delivery of such items or assistance include

appropriate end-user guarantees; and

(iv) under

the 1929 Treaty of Conciliation (Lateran pact)
concluded by the Holy See (State of the Vatican City) and
Italy.

(b) Iran has committed not to use such items in proliferation
sensitive nuclear activities or for development of nuclear
weapon delivery systems.

Article 4

1. Member States
to
prevent the entry into, or transit through, their territories of:

take the necessary measures

shall

(a) persons listed in the Annex to UNSCR 1737 (2006) as well
as of additional persons designated by the Security Council
or by the Committee in accordance with paragraph 10 of
UNSCR 1737 (2006). These persons are listed in Annex I;

(b) other persons not covered by Annex I that are engaged in,
Iran's
directly associated with, or providing support
proliferation sensitive nuclear activities or for the devel-
opment of nuclear weapon delivery systems,
including
through the involvement in procurement of the prohibited
items, goods, equipment, materials and technology, as listed
in Annex II.

for,

Paragraph 3 shall be considered as applying also in cases
4.
where a Member State is host country of the Organisation for
Security and Cooperation in Europe (OSCE).

The Council shall be duly informed in all cases where a
to paragraph

5.
Member State grants an exemption pursuant
3 or 4.

6. Member States may grant exemptions from the measures
imposed in paragraph 1 where they determine that travel
is
justified on the grounds of:

(i) urgent humanitarian need,

including religious obligations,

(ii) the necessity to meet

the objectives of UNSCR 1737
(2006), including where Article XV of the IAEA Statute is
engaged,

(iii) attending intergovernmental meetings,

including those
promoted by the European Union, or hosted by a
Member State holding the Chairmanship in office of the
OSCE, where
conducted that
directly promotes democracy, human rights and the rule
of law in Iran.

a political dialogue

is

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A Member State wishing to grant exemptions referred to
7.
in paragraph 6 shall notify the Council thereof in writing. The
exemption shall be deemed to be granted unless one or more of
the Council Members raises an objection in writing within two
the proposed
working days of
exemption. Should one or more of the Council members raise
an objection, the Council, acting by a qualified majority, may
decide to grant the proposed exemption.

receiving notification of

8.
In cases where, pursuant to paragraphs 3, 4 and 6, a
Member State authorises the entry into, or transit through, its
territory of persons listed in Annex I or II, the authorisation
shall be limited to the purpose for which it is given and to the
persons concerned thereby.

9. Member States shall notify the Committee of the entry
into, or transit through, their territories of the persons set out
in Annex I, if an exemption has been granted.

Article 5

All funds and economic resources which belong to, are

1.
owned, held or controlled, directly or indirectly, by:

(a) persons and entities designated in the Annex to UNSCR
1737 (2006) as well as those of additional persons and
entities designated by the Security Council or by the
Committee in accordance with Paragraph 12 of UNSCR
1737 (2006), such persons or entities being listed in
Annex I,

(b) persons and entities not covered by Annex I

that are
engaged in, directly associated with, or providing support
for, Iran's proliferation sensitive nuclear activities or for the
development of nuclear weapon delivery systems, or
their
persons or entities acting on their behalf or at
direction, or
controlled by them,
entities owned or
including through illicit means, as listed in Annex II,

shall be frozen.

(a) necessary to satisfy basic needs, including payment for food-
stuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums, and public utility charges;

(b) intended exclusively for payment of reasonable professional
incurred expenses associated

fees and reimbursement of
with the provision of legal services;

(c)

intended exclusively for payment of fees or service charges,
in accordance with national
laws, for routine holding or
maintenance of frozen funds and economic resources,

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

Exemptions may also be made for funds and economic

4.
resources which are:

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

(b) the subject of a judicial, administrative or arbitral

lien or
judgement, in which case the funds and economic resources
may be used to satisfy that lien or judgement provided that
the lien or judgement was entered before the date of
UNSCR 1737 (2006), and is not
for the benefit of a
person or entity referred to in paragraph 1, after notification
by the Member State concerned to the Committee.

Paragraph 2 shall not apply to the addition to frozen

5.
accounts of:

(a)

interest or other earnings on those accounts; or

(b) payments

to frozen accounts

contracts,
agreements or obligations that were concluded or arose
before 23 December 2006,

due under

No funds or economic resources shall be made available,
to or for the benefit of persons and

2.
directly or indirectly,
entities referred to in paragraph 1.

provided that any such interest, other earnings and payments
continue to be subject to paragraph 1.

Exemptions may be made for

3.
resources which are:

funds and economic

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

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(a)

the contract is not related to any of the prohibited items,
materials,
assistance,
goods,
training,
investment, brokering or
services referred to in Article 1;

technologies,

equipment,

assistance,

financial

(b) the payment

is not directly or indirectly received by a

person or entity referred to in paragraph 1;

and after notification by the relevant Member State to the
Committee of
such
payments or to authorize, where appropriate, the unfreezing
of funds or economic resources for this purpose, 10 working
days prior to such authorisation.

intention to make or

receive

the

Article 8

This Common Position shall be reviewed, amended or
relevant

1.
repealed as appropriate, notably in the light of
decisions by the UNSC.

2.
The measures referred to in Articles 4 (1)(b) and 5(1)(b)
shall be reviewed in regular intervals and at least every 12
months. They shall cease to apply in respect of the persons
and entities concerned if the Council determines, in accordance
with the procedure referred in Article 7(2), that the conditions
for their application are no longer met.

Article 6

Article 9

take the necessary measures

in accordance with their national

legis-
Member States shall,
lation,
specialised
teaching or training of Iranian nationals, within their territories
or by their nationals, of disciplines which would contribute to
Iran's proliferation sensitive nuclear activities and development
of nuclear weapon delivery systems.

to prevent

Article 7

This Common Position shall
adoption.

take effect on the date of

its

Article 10

This Common Position shall be published in the Official Journal
of the European Union.

The Council shall implement modifications to Annex I on
1.
the basis of the determinations made by the Security Council or
by the Committee.

Done at Brussels, 27 February 2007.

The Council, acting by unanimity upon proposals of
2.
Member States or the Commission, shall establish the list in
Annex II and adopt modifications thereto.

For the Council
The President

P. STEINBRÜCK

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ANNEX I

List of persons referred to in Article 4(1)(a) and of persons and entities referred to in Article 5(1)(a)

A. Natural Persons

1. Mohammad Qannadi, AEOI Vice-President for Research & Development

2. Behman Asgarpour, Operational Manager (Arak)

3. Dawood Agha-Jani, Head of the PFEP (Natanz)

4. Ehsan Monajemi, Construction Project Manager, Natanz

5.

Jafar Mohammadi, Technical Adviser to the AEOI (in charge of managing the production of valves for centrifuges)

6. Ali Hajinia Leilabadi, Director General of Mesbah Energy Company

7. Lt Gen. Mohammad Mehdi Nejad Nouri, Rector of Malek Ashtar University of Defence Technology (chemistry

dept, affiliated to MODALF, has conducted experiments on beryllium)

8. Gen. Hosein Salimi, Commander of the Air Force, IRGC (Pasdaran)

9. Ahmad Vahid Dastjerdi, Head of the AIO

10. Reza-Gholi Esmaeli, Head of Trade & International Affairs Dept, AIO

11. Bahmanyar Morteza Bahmanyar, Head of Finance & Budget Dept, AIO

12. Maj. Gen. Yahya Rahim Safavi, Commander, IRGC (Pasdaran)

B. Entities

1. Atomic Energy Organisation of Iran

2. Mesbah Energy Company (provider for A40 research reactor — Arak)

3. Kala-Electric (aka Kalaye Electric) (provider for PFEP — Natanz)

4. Pars Trash Company (involved in centrifuge programme, identified in IAEA reports)

5. Farayand Technique (involved in centrifuge programme, identified in IAEA reports)

6. Defence Industries Organisation (overarching MODAFL-controlled entity, some of whose subordinates have been

involved in the centrifuge programme making components, and in the missile programme)

7. 7th of Tir (subordinate of DIO, widely recognized as being directly involved in the nuclear programme)

8. Shahid Hemmat Industrial Group (SHIG) (subordinate entity of AIO)

9. Shahid Bagheri Industrial Group (SBIG) (subordinate entity of AIO)

10. Fajr Industrial Group (formerly Instrumentation Factory Plant, subordinate entity of AIO)

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ANNEX II

List of persons referred to in Article 4(1)(b) and of persons and entities referred to in Article 5(1)(b)