Council Decision (CFSP) 2024/2894 of 18 November 2024 amending Decision (CFSP) 2023/1532 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region
Date: 2024-11-18
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, harbour installation, international sanctions, legal person, military intervention, natural person, trade restriction




L_202402894EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2894


18.11.2024







            COUNCIL DECISION (CFSP) 2024/2894
         
of 18 November 2024
         
amending Decision (CFSP) 2023/1532 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region


THE COUNCIL OF THE EUROPEAN UNION,

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


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

Whereas:







(1)


On 20 July 2023, the Council adopted Decision (CFSP) 2023/1532 (1).












(2)


On 14 October 2024, the Council adopted Decision (CFSP) 2024/2698 (2), which amended Decision (CFSP) 2023/1532 and listed certain Iranian airlines.












(3)


In its conclusions of 21 and 22 March 2024, the European Council stated that were Iran to transfer ballistic missiles and related technology to Russia for use against Ukraine after having supplied the Russian regime with unmanned aerial vehicles (UAVs), which are used in relentless attacks against the civilian population in Ukraine, the Union would be prepared to respond swiftly and in coordination with international partners, including with new and significant restrictive measures against Iran. Moreover, the European Council stated that Russia’s access to sensitive items and technologies with battlefield relevance must be restricted to the maximum extent possible, including by targeting entities in third countries enabling the circumvention of sanctions. The European Council called on the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) and the Commission to prepare further sanctions against Belarus, North Korea and Iran.












(4)


On 13 September 2024, in a statement by the High Representative on behalf of the Union, the Union strongly condemned the recent transfer of Iranian-made ballistic missiles to Russia, considered as a direct threat to European security and as a substantive material escalation from the provision of Iranian UAVs and ammunition, which Russia had used in its illegal war of aggression against Ukraine. The Union would respond swiftly and in coordination with international partners, including with new and significant restrictive measures against Iran, including the designation of individuals and entities involved with Iran’s ballistic missile and drone programmes, and in that regard was considering restrictive measures in Iran’s aviation sector as well.












(5)


Russia is using Iran-produced UAVs in support of its war of aggression against Ukraine, which violates the sovereignty, independence and territorial integrity of Ukraine, including against civilians and civilian infrastructure. The Iranian State-sponsored programme for the development and production of UAVs therefore contributes to violations of the Charter of the United Nations and of fundamental principles of international law.












(6)


The Iranian missile programme, which is based on state-owned as well as private companies and benefits from domestic research capabilities, is run by the Ministry of Defence and Armed Forces Logistics of Iran and the Islamic Revolutionary Guard Corps, both of which are subject to Union restrictive measures.












(7)


The transfer of Iranian-made UAVs and missiles and related technologies and components thereof to Russia and to non-state armed groups in the Middle East and beyond is a central issue of concern. Iran has transferred Iranian-made UAVs and missiles and related technologies and components thereof to Russia, including by using vessels and ports.












(8)


In view of the gravity of the situation, and in response to Iran’s military support to Russia’s war of aggression against Ukraine, in particular Iran’s supply of UAVs and missiles to Russia, which undermines peace and security and is a direct threat to European security, it is appropriate to introduce further restrictive measures. Those measures will be kept under review and may be suspended or withdrawn, or be supplemented by other restrictive measures, in light of developments on the ground.












(9)


In that context, one person and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Decision (CFSP) 2023/1532.












(10)


It is appropriate to amend the listing criteria and to provide for certain targeted exceptions from the asset freeze.












(11)


Furthermore, it is appropriate to prohibit the export, transfer, supply or sale from the Union to Iran of components used in the development and production of missiles.












(12)


It is also appropriate to prohibit the export, transfer, supply or sale from the Union to Iran of further components used in the development and production of UAVs.












(13)


It is appropriate to prohibit the engagement in any transaction directly or indirectly with ports and locks, including access to their facilities or the provision of any services, that are owned, operated or controlled by natural or legal persons, entities and bodies listed in this Decision or that are used for the transfer of Iranian UAVs or missiles or related technology or components thereof to Russia in support of its war of aggression against Ukraine. Furthermore, it is appropriate to clarify the scope of the port access ban for vessels and to add an exemption.












(14)


In that context, two ports should be included in the list of ports and locks set out in Annex II to Decision (CFSP) 2023/1532.












(15)


Further action by the Union is needed in order to implement certain measures.












(16)


Decision (CFSP) 2023/1532 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision (CFSP) 2023/1532 is amended as follows:






(1)


in Article 1, paragraph 1 is replaced by the following:

‘1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to Iran’s capability to manufacture Unmanned Aerial Vehicles (UAVs) or missiles, whether or not originating in the Union, to any natural or legal person, entity or body in Iran or for use in Iran.
The transit via the territory of Iran of the goods and technology, as referred to in the first subparagraph, exported from the Union, shall be prohibited.’
;









(2)


the following article is inserted:

‘Article 1a

1.   It shall be prohibited to engage in any transaction, directly or indirectly, with ports and locks that are:






(a)


owned, operated or controlled by any natural or legal person, entity or body listed in Annex I;










(b)


owned, operated or controlled by a legal person, entity or body whose proprietary rights are directly or indirectly owned for 50 % or more by an entity listed in Annex I;










(c)


owned, operated or controlled by a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph; or










(d)


used for the transfer of Iranian UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine,




as listed in Annex II.


2.   Paragraph 1 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea, or for humanitarian purposes, or for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.’

;









(3)


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

‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:






(a)


responsible for, supporting or involved in Iran’s UAV or missile programme;










(b)


supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies or components thereof:






(i)


to Russia in support of its war of aggression against Ukraine;










(ii)


to armed groups and entities undermining peace and security in the Middle East and the Red Sea region;










(iii)


to natural or legal persons, entities or bodies acting in breach of United Nations Security Council Resolution 2216 (2015); or














(c)


associated with natural persons referred to in point (a) or (b);




as listed in Annex I.’
                                 
;









(4)


Article 3 is amended as follows:






(a)


paragraph 1 is replaced by the following:

‘1.   All funds and economic resources belonging to, or owned, held or controlled by natural or legal persons, entities or bodies:






(a)


responsible for, supporting or involved in Iran’s UAV or missile programme;










(b)


supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies or components thereof:






(i)


to Russia in support of its war of aggression against Ukraine;










(ii)


to armed groups and entities undermining peace and security in the Middle East and the Red Sea region;










(iii)


to natural or legal persons, entities or bodies acting in breach of United Nations Security Council Resolution 2216 (2015); or,














(c)


associated with natural or legal persons, entities or bodies referred to in point (a) or (b);




as listed in Annex I, shall be frozen.’
                                             
;









(b)


the following paragraphs are inserted:

‘9a.   Paragraphs 1 and 2 shall not apply to funds or economic resources that are needed for:






(a)


humanitarian purposes, the evacuation or repatriation of persons, or initiatives providing support to victims of natural, nuclear or chemical disasters;










(b)


the operation of flights required for attending meetings with the objective of seeking a solution to the Iranian military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle-East and the Red Sea region, or of promoting the policy objectives of the restrictive measures;










(c)


an emergency landing, take-off or overflight; or










(d)


travel for official purposes of members of the diplomatic or consular missions of Member States in Iran or of international organisations enjoying immunities in accordance with international law.






9b.   Natural and legal persons, entities and bodies shall inform the competent authority of the Member State where they are resident, located, established or incorporated of the making available of funds or economic resources pursuant to paragraph 9a within 2 weeks of their being made available. The Member State concerned shall inform the other Member States and the Commission of any information received under this paragraph within 2 weeks of its receipt.


9c.   By way of derogation from paragraphs 1 and 2 of this Article, the competent authorities of a Member State may authorise the making available of certain funds or economic resources to entities listed under entry numbers 10, 11 and 12 in Annex I to this Decision under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for ground handling services as defined in Article 3, point (23), of Regulation (EU) 2018/1139 of the European Parliament and of the Council (*1).


9d.   By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are necessary to deal with critical and clearly identified air safety matters and after prior consultation of the European Union Aviation Safety Agency.


(*1)  Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).’;"
                        










(c)


paragraph 10 is replaced by the following:

‘10.   The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraphs 8, 9, 9c and 9d within 2 weeks of such authorisation.’
;













(5)


the Annex is amended in accordance with the Annex to this Decision;










(6)


Annex II is added in accordance with the Annex to this Decision.






Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 18 November 2024.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision (CFSP) 2023/1532 of 20 July 2023 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ L 186, 25.7.2023, p. 20).

(2)  Council Decision (CFSP) 2024/2698 of 14 October 2024 amending Decision (CFSP) 2023/1532 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region (OJ L, 2024/2698, 14.10.2024, ELI: http://data.europa.eu/eli/dec/2024/2698/oj).




ANNEX

(1)   
The Annex to Decision (CFSP) 2023/1532 is amended as follows:






(a)


the title of the Annex is replaced by the following:

                                    ‘ANNEX I
List of natural and legal persons, entities and bodies referred to in Articles 2 and 3’;










(b)


the following entry is added under the heading ‘A. Natural persons’:










 


Names (Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘20.


Mohammad Reza KHIABANI


محمدرضا مدرس خیابانی
(Farsi spelling)


Position(s): Director of IRISL
Nationality: Iranian
Gender: male
Associated entities: Islamic Republic of Iran Shipping Lines (IRISL)


Mohammad Reza Khiabani is the director of the EU-listed Islamic Republic of Iran Shipping Lines (IRISL), Iran’s national maritime carrier.
For years, IRISL ships have been involved in shipping military related cargo. The EU-listed Iran’s Islamic Revolutionary Guard Corps Navy (IRGCN) converts container ships owned by IRISL Group into drone carriers.
The IRGCN is part of the IRGC, and includes an unmanned aerial vehicle (UAV) division and a missiles division. The IRGCN is involved in Iran’s UAV and missile programmes, as well as in transferring Iran’s missiles to armed groups and entities undermining peace and security in the Middle East and the Red Sea region.
Therefore, in his position as director of IRISL, Mohammad Reza Khiabani is associated with the IRGCN.’


18.11.2024














(c)


the following entries are added under the heading ‘B. Legal persons, entities and bodies’:










 


Names (Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘17.


MG Flot LLC


 


Address: Apartment 1, ul Lenina, Akhty, 18D, 368730, Russia
Type of entity: shipping company
Registration number: IMO 6016988


MG Flot LLC is a Russian shipping company whose vessels are involved in shipping Iranian military-related commodities, including unmanned aerial vehicles (UAV) components, to Russia.
MG Flot LLC’s vessels, including the cargo ship Rasul Gamzatov (IMO: 8861058; MMSI: 273157300), have been transporting Iranian-made weapons and ammunition, including UAV components, across the Caspian Sea to resupply Russian troops fighting in Ukraine.
Therefore, MG Flot LLC is involved in transferring Iran’s UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine.


18.11.2024




18.


VTS Broker LLC


 


Address: Office 19, ul Dzerzhinskogo, 72B, Astrakhan, 414015, Russia
Type of entity: shipping company
Registration number: IMO 5122966


VTS Broker LLC is a Russian shipping company whose vessels are involved in shipping Iranian military-related commodities, including unmanned aerial vehicles (UAV) components, to Russia.
VTS Broker LLC’s vessels, including the cargo ship Musa Jalil (IMO: 8846814; MMSI: 273353660), have been transporting Iranian-made weapons and ammunition, including UAV components, across the Caspian Sea to resupply Russian troops fighting in Ukraine.
Therefore, VTS Broker LLC is involved in transferring Iran’s UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine.


18.11.2024




19.


Arapax LLC


 


Address: Apartment 6, ul Savushkina, 2, Astrakhan, 414056, Russia
Type of entity: shipping company
Registration number: IMO 6189893


Arapax LLC is a Russian shipping company whose vessels are involved in shipping Iranian military-related commodities, including unmanned aerial vehicles (UAV) components, to Russia.
Arapax LLC’s vessels, including the cargo ship Begey (IMO: 8943210; MMSI: 273421560), have been transporting Iranian-made weapons and ammunition, including UAV components, across the Caspian Sea to resupply Russian troops fighting in Ukraine.
Therefore, Arapax LLC is involved in transferring Iran’s UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine.


18.11.2024




20.


Islamic Republic of Iran Shipping Lines (IRISL)


گروه کشتیرانی جمهوری اسلامی ایران
(Farsi spelling)


Place of registration: Iran
Associated individuals: Mohammad Reza Khiabani (director)
Associated entities: Islamic Revolutionary Guard Corps Navy (IRGCN)


Islamic Republic of Iran Shipping Lines (IRISL) is Iran’s national maritime carrier.
For years, its ships have been involved in shipping military related cargo. The EU-listed Iran’s Islamic Revolutionary Guard Corps Navy (IRGCN) converts container ships owned by IRISL into drone carriers.
The IRGCN is part of the IRGC, and includes an unmanned aerial vehicle (UAV) division and a missiles division. The IRGCN is involved in Iran’s UAV and missile programmes as well as in transferring Iran’s missiles to armed groups and entities undermining peace and security in the Middle East and the Red Sea region.
Therefore, IRISL is associated with the EU-listed IRGCN.


18.11.2024’










(2)   
The following Annex is added:



                        ‘ANNEX II
List of ports and locks referred to in Article 1a








 


Name


Grounds for inclusion


Date of application




1.


Amirabad Port, Iran


Article 1a(1), point (d): used for the transfer of Iranian UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine


18.11.2024




2.


Anzali Port, Iran


Article 1a(1), point (d): used for the transfer of Iranian UAVs or missiles or related technologies or components thereof to Russia in support of its war of aggression against Ukraine


18.11.2024’




.






ELI: http://data.europa.eu/eli/dec/2024/2894/oj
ISSN 1977-0677 (electronic edition)