Council Regulation (EU) No 264/2012 of 23 March 2012 amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

ANNEX I

List of persons referred to in point 2 of Article 1

	Name	Identifying information	Reasons	Date of listing
1.	ZARGHAMI Ezzatollah		As Head of Islamic Republic of Iran Broadcasting (IRIB), he is responsible for all programming decisions. IRIB has broadcast forced confessions of detainees and a series of "show trials" in August 2009 and December 2011. These constitute a clear violation of international provisions on fair trial and the right to due process.	23.3.2012
2.	TAGHIPOUR Reza	POB: Maragheh (Iran) DOB: 1957	Minister for Information and Communications. As Minister for Information, he is one of the top officials in charge of censorship and control of internet activities and also all types of communications (notably mobile phones). During interrogations of political detainees, the interrogators make use of the detainees' personal data, mail and communications. On several occasions following the last presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.	23.3.2012
3.	KAZEMI Toraj		Colonel of the technology and communications police, he recently announced a campaign for the recruitment of government hackers in order to achieve better control of information on the internet and attack "dangerous" sites.	23.3.2012
4.	LARIJANI Sadeq	POB: Najaf (Iraq) DOB: 1960 or August 1961	Head of the Judiciary. The Head of the Judiciary is required to consent to and sign off every qisas (retribution), hodoud (crimes against God) and ta'zirat (crimes against the state) punishment. This includes sentences attracting the death penalty, floggings and amputations. In this regard, he has personally signed off numerous death penalty sentences, contravening international standards, including stoning (16 people are currently under stoning sentence), executions by suspension strangulation, execution of juveniles, and public executions such as those where prisoners have been hung from bridges in front of crowds of thousands. He has also permitted corporal punishment sentences such as amputations and the dripping of acid into the eyes of the convicted. Since Sadeq Larijani took office, arbitrary arrests of political prisoners, human rights defenders and minorities have increased markedly. Executions have also increased sharply since 2009. Sadeq Larijani also bears responsibility for systemic failures in the Iranian judicial process to respect the right to a fair trial.	23.3.2012
5.	MIRHEJAZI Ali		Deputy Chief of the Supreme Leader's Office and Head of Security. Part of the Supreme Leader's inner circle, responsible for planning the suppression of protests which has been implemented since 2009.	23.3.2012
6.	SAEEDI Ali		Representative of the Guide for the Pasdaran since 1995 after spending his whole career within the institution of the military, and specifically in the Pasdaran intelligence service. This official role makes him the key figure in the transmission of orders emanating from the Office of the Guide to the Pasdaran's repression apparatus.	23.3.2012
7.	RAMIN Mohammad-Ali	POB: Dezful (Iran) DOB: 1954	Main figure responsible for censorship as Vice-Minister in charge of the Press up to December 2010, he was directly responsible for the closure of many reforming newspapers (Etemad, Etemad-e Melli, Shargh, etc), closure of the Independent Press Syndicate and the intimidation and arrest of journalists.	23.3.2012
8.	MORTAZAVI Seyyed Solat	POB: Meibod (Iran) DOB: 1967	Deputy Interior Minister for Political Affairs. Responsible for directing repression of persons who speak up in defence of their legitimate rights, including freedom of expression.	23.3.2012
9.	REZVANI Gholomani		Deputy Governor of Rasht. Responsible for grave violations of the right to due process.	23.3.2012
10.	SHARIFI Malek Ajdar		Head of the judiciary in East Azerbaijan. Responsible for grave violations of the right to due process.	23.3.2012
11.	ELAHI Mousa Khalil		Prosecutor of Tabriz. Responsible for directing grave human rights violations of the right to due process.	23.3.2012
12.	FAHRADI Ali		Prosecutor of Karaj. Responsible for grave violation of human rights in demanding the death sentence for a juvenile.	23.3.2012
13.	REZVANMANESH Ali		Prosecutor. Responsible for grave violation of human rights in demanding the death sentence for a juvenile.	23.3.2012
14.	RAMEZANI Gholamhosein		Commander of IRGC Intelligence. Responsible for grave human rights violation of persons who speak up in defence of their legitimate rights, including freedom of expression. Heads Department responsible for the arrest and torture of bloggers/journalists.	23.3.2012
15.	SADEGHI Mohamed		Colonel and Deputy of IRGC technical and cyber intelligence. Responsible for the arrests and torture of bloggers/journalists.	23.3.2012
16.	JAFARI Reza		Head of special prosecution of cyber crime. In charge of arrests, detentions and prosecutions of bloggers and journalists.	23.3.2012
17.	RESHTE-AHMADI Bahram		Deputy Prosecutor in Tehran. Runs Evin prosecution centre. Responsible for the denial of rights, including visits and other prisoner's rights, to human rights defenders and political prisoners.	23.3.2012

ANNEX II

The following text shall be added as Annex III to Regulation (EU) No 359/2011:

“"ANNEX III List of equipment which might be used for internal repression as referred to in Article 1a

Fire-arms, ammunition and related accessories therefor, as follows:

1.1

Firearms not controlled by ML 1 and ML 2 of the Common Military List;

1.2

Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;

1.3

Weapon-sights not controlled by the Common Military List.

Bombs and grenades not controlled by the Common Military List.

Vehicles as follows:

3.1

Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

3.2

Vehicles specially designed or modified to be electrified to repel borders;

3.3

Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection;

3.4

Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

3.5

Vehicles specially designed to deploy mobile barriers;

3.6

Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.

Note 1 This item does not control vehicles specially designed for the purposes of fire-fighting.

Note 2 For the purposes of item 3.5 the term "vehicles" includes trailers.

Explosive substances and related equipment as follows:

4.1

Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators);

4.2

Linear cutting explosive charges not controlled by the Common Military List;

4.3

Other explosives not controlled by the Common Military List and related substances as follows:

amatol;

nitrocellulose (containing more than 12,5 % nitrogen);

nitroglycol;

pentaerythritol tetranitrate (PETN);

picryl chloride;

2,4,6-trinitrotoluene (TNT).

Protective equipment not controlled by ML 13 of the Common Military List as follows:

5.1

Body armour providing ballistic and/or stabbing protection;

5.2

Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic shields.

Note: This item does not control:

equipment specially designed for sports activities;
equipment specially designed for safety of work requirements.

Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms, and specially designed software therefor.

Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common Military List.

Razor barbed wire.

Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

10.

Production equipment specially designed for the items specified in this list.

11.

Specific technology for the development, production or use of the items specified in this list.".”

ANNEX III

The following text shall be added as Annex IV to Regulation (EU) No 359/2011:

“"ANNEX IV Equipment, technology and software referred to in Articles 1b and 1c

General Note

Notwithstanding the contents of this Annex, it shall not apply to:

(a)

equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009(1) or the Common Military List; or

(b)

software which is designed for installation by the user without further substantial support by the supplier and which is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:

(i)

over the counter transactions;

(ii)

mail order transactions;

(iii)

electronic transactions; or

(iv)

telephone order transactions; or

(c)

software which is in the public domain.

The categories A, B, C, D and E refer to the categories referred to in Regulation (EC) No 428/2009.

The 'equipment, technology and software' referred to in Article 1b is:

List of equipment

Deep Packet Inspection equipment
Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link Intelligence equipment
Radio Frequency monitoring equipment
Network and Satellite jamming equipment
Remote Infection equipment
Speaker recognition/processing equipment
IMSI(2), MSISDN(3), IMEI(4), TMSI(5) interception and monitoring equipment
Tactical SMS(6) /GSM(7) /GPS(8) /GPRS(9) /UMTS(10) /CDMA(11) /PSTN(12) interception and monitoring equipment
DHCP(13) /SMTP(14), GTP(15) information interception and monitoring equipment
Pattern Recognition and Pattern Profiling equipment
Remote Forensics equipment
Semantic Processing Engine equipment
WEP and WPA code breaking equipment
Interception equipment for VoIP proprietary and standard protocol

Not used

"Software" for the "development", "production" or "use" of the equipment specified in A above.

"Technology" for the "development", "production" or "use" of the equipment specified in A above.

Equipment, technology and software falling within these categories is within the scope of this Annex only to the extent that it falls within the general description 'internet, telephone and satellite communications interception and monitoring systems'.

For the purpose of this Annex 'monitoring' means acquisition, extraction, decoding, recording, processing, analysis and archiving call content or network data.".”

ANNEX IV

Annex II to Regulation (EU) No 359/2011 shall be replaced by the following text:

“"ANNEX II Websites for information on the competent authorities and address for notifications to the European Commission

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/view/5519

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

Address for notifications to the European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

Office EEAS 02/309

B-1049 Bruxelles/Brussel (Belgium)

E-mail: relex-sanctions@ec.europa.eu".”

(1)

Council 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 (OJ L 134, 29.5.2009, p. 1).

(2)

IMSI stands for International Mobile Subscriber Identity. It is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of such SIM via GSM and UMTS networks.

(3)

MSISDN stands for Mobile Subscriber Integrated Services Digital Network Number. It is a number uniquely identifying a subscription in a GSM or a UMTS mobile network. Simply put, it is the telephone number to the SIM card in a mobile phone and therefore it identifies a mobile subscriber as well as IMSI, but to route calls through him.

(4)

IMEI stands for International Mobile Equipment Identity. It is a number, usually unique to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone. interception (wiretapping) can be specified by its IMEI number as well as IMSI and MSISDN.

(5)

TMSI stands for Temporary Mobile Subscriber Identity. It is the identity that is most commonly sent between the mobile and the network.

(6)

SMS stands for Short Message System.

(7)

GSM stands for Global System for Mobile Communications.

(8)

GPS stands for Global Positioning System.

(9)

GPRS stands for General Package Radio Service.

(10)

UMTS stands for Universal Mobile Telecommunication System.

(11)

CDMA stands for Code Division Multiple Access.

(12)

PSTN stands for Public Switch Telephone Networks.

(13)

DHCP stands for Dynamic Host Configuration Protocol.

(14)

SMTP stands for Simple Mail Transfer Protocol.

(15)

GTP stands for GPRS Tunnelling Protocol.

Council Regulation (EU) No 264/2012Dangos y teitl llawn