1.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 includes the persons, entities and bodies designated by the United Nations Security Council or by the Sanctions Committee in accordance with paragraph 12 of UNSCR 1737 (2006), paragraph 7 of UNSCR 1803 (2008) or paragraph 11, 12 or 19 of UNSCR 1929 (2010).
2.All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex IX shall be frozen. Annex IX shall include the natural and legal persons, entities and bodies who, in accordance with Article 20(1)(b) and (c) 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 the development of nuclear weapon delivery systems by Iran, including through involvement in the 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;
[F1(b) being a natural or legal person, entity or body that has evaded or violated, or assisted a listed person, entity or body to evade or violate, the provisions of this Regulation, Council Decision 2010/413/CFSP or UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010);]
[F1(c) being a member of the Islamic Revolutionary Guard Corps (IRGC) or a legal person, entity or body owned or controlled by the IRGC or by one or more of its members, or a natural or legal person, entity or body acting on their behalf, or a natural or legal person, entity or body providing insurance or other essential services to IRGC, or to entities owned or controlled by them or acting on their behalf;]
[F2(d) being other persons, entities or bodies that provide support, such as material, logistical or financial support, to the Government of Iran and entities owned or controlled by them, or persons and entities associated with them;]
[F1(e) being a legal person, entity or body owned or controlled by the Islamic Republic of Iran Shipping Lines (IRISL), or a natural or legal person, entity or body acting on its behalf, or a natural or legal person, entity or body providing insurance or other essential services to IRISL, or to entities owned or controlled by it or acting on its behalf.]
Pursuant to the obligation to freeze the funds and economic resources of IRISL and of designated entities owned or controlled by IRISL, it shall be prohibited to load and unload cargoes on and from vessels owned or chartered by IRISL or by such entities in ports of Member States.
The obligation to freeze the funds and economic resources of IRISL and of designated entities owned or controlled by IRISL shall 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.
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 VIII and IX or.
[F34. Without prejudice to the derogations provided for in Articles 24, 25, 26, 27, 28, 28a, 28b and 29, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the natural or legal persons, entities or bodies listed in Annexes VIII and IX.]
5.Annexes VIII and IX shall include the grounds for listing of listed persons, entities and bodies, as provided by the Security Council or by the Sanctions Committee.
6.Annexes VIII and IX shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned, as provided by the Security Council or by the Sanctions Committee. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, adress, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business. With regard to airlines and shipping companies, Annexes VIII and IX shall also include, where available, information necessary to identify each vessel or aircraft belonging to a listed company such as the original registration number or name. Annexes VIII and IX shall also include the date of designation.
Textual Amendments
F1 Substituted by Council Regulation (EU) No 971/2013 of 10 October 2013 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran.
Textual Amendments
F1 Substituted by Council Regulation (EU) No 971/2013 of 10 October 2013 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran.
1. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex XIII shall be frozen. Annex XIII includes the natural and legal persons, entities and bodies designated by the UN Security Council in accordance with paragraph 6(c) of Annex B to UNSCR 2231 (2015).
2. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex XIV shall be frozen. Annex XIV shall include the natural and legal persons, entities and bodies who, in accordance with Article 20(1)(e) of Council Decision 2010/413/CFSP, have been identified as:
(a) being engaged in, directly associated with, or provided support for, Iran's proliferation-sensitive nuclear activities undertaken contrary to Iran's commitments in the JCPOA or the development of nuclear weapon delivery systems by Iran, including through the involvement in procurement of prohibited items, goods, equipment, materials and technology specified in the statement set out in Annex B to UNSCR 2231 (2015), Decision 2010/413/CFSP or the Annexes to this Regulation;
(b) assisting designated persons or entities in evading or acting inconsistently with the JCPOA, UNSCR 2231 (2015), Decision 2010/413/CFSP or this Regulation;
(c) acting on behalf or at the direction of designated persons or entities; or
(d) being a legal person, entity or body owned or controlled by designated persons or entities.
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 XIII and XIV.
4. Without prejudice to the derogations provided for in Articles 24, 25, 26, 27, 28, 28a, 28b or 29, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the natural or legal persons, entities or bodies listed in Annexes XIII and XIV.
5. Annexes XIII and XIV shall include the grounds for listing of listed natural or legal persons, entities or bodies.
6. Annexes XIII and XIV shall also include, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. Annexes XIII and XIV shall also include the date of designation.]
Textual Amendments
Textual Amendments
By way of derogation from Article 23 or Article 23a, the competent authorities may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
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 23 or Article 23a has been designated by the Sanctions Committee, the UN Security Council or the Council or of a judicial, administrative or arbitral judgment rendered prior to that date;
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;
the lien or judgment is not for the benefit of a person, entity or body listed in Annexes VIII, IX, XIII or XIV;
recognising the lien or judgment is not contrary to public policy in the Member State concerned; and
where Article 23(1) or Article 23a(1) applies, the UN Security Council has been notified by the Member State of the lien or judgment.
Textual Amendments
Textual Amendments
By way of derogation from Article 23 or Article 23a and provided that a payment by a person, entity or body listed in Annexes VIII, IX, XIII or XIV is due under a contract or agreement that was concluded by, or an obligation that arose for the person, entity or body concerned, before the date on which that person, entity or body had been designated by the Sanctions Committee, the UN Security Council or by the Council, the competent authorities may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the following conditions are met:
the competent authority concerned has determined that:
the funds or economic resources shall be used for a payment by a person, entity or body listed in Annexes VIII, IX, XIII or XIV;
the payment will not contribute to an activity prohibited under this Regulation. If the payment serves as consideration for a trade activity that has already been performed and the competent authority of another Member State had given prior confirmation that the activity was not prohibited at the time it was performed, it shall be deemed, prima facie, that the payment will not contribute to a prohibited activity; and
the payment is not in breach of Article 23(3) or Article 23a(3); and
where Article 23(1) or Article 23a(1) applies, the Member State concerned has notified the UN Security Council of that determination and its intention to grant an authorisation, and the UN Security Council has not objected to that course of action within ten working days of notification.
Textual Amendments
Textual Amendments
By way of derogation from Article 23 or Article 23a, the competent authorities 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, provided that the following conditions are met:
the competent authority concerned has determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annexes VIII, IX, XIII or XIV and their dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources.
where the authorisation concerns a person, entity or body listed in Annex XIII, the Member State concerned has notified the UN Security Council of the determination referred to in point (a) and its intention to grant an authorisation, and the UN Security Council has not objected to that course of action within five working days of notification.
Textual Amendments
Textual Amendments
By way of derogation from Article 23(2) and (3) or Article 23a(2) and (3), the competent authorities 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 concerned are to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation.
Textual Amendments
Textual Amendments
By way of derogation from Article 23 or Article 23a, the competent authorities 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 concerned are necessary for extraordinary expenses provided that, where the authorisation concerns a person, entity or body listed in Annex XIII, the UN Security Council has been notified of that determination by the Member State concerned and the determination has been approved by the UN Security Council.
Textual Amendments
Textual Amendments
By way of derogation from Article 23(2) and (3) or Article 23a(2) and (3), the competent authorities 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, after having determined that the funds or economic resources concerned are necessary for activities directly related to equipment referred to in paragraph 2(c), subparagraph 1 of Annex B to UNSCR 2231 (2015) for light water reactors.
Textual Amendments
Textual Amendments
By way of derogation from Article 23 or Article 23a, the competent authorities 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, provided that the following conditions are met:
the competent authority concerned has determined that the funds or economic resources concerned are:
necessary for the civil nuclear cooperation projects described in Annex III of the JCPOA;
necessary for activities directly related to the items specified in Articles 2a and 3a, or to any other activity required for the implementation of the JCPOA; and
where the authorisation concerns a person, entity or body listed in Annex XIII, the UN Security Council has been notified of that determination by the Member State concerned and the determination has been approved by the UN Security Council.
Textual Amendments
Textual Amendments
1. Article 23(3) or Article 23a(3) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties to the account of a listed person, entity or body, provided that any additions to such accounts shall also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.
2. Provided that any such interest or other earnings and payments are frozen in accordance with Article 23(1) or (2) or Article 23a(1) or (2), Article 23(3) or Article 23a(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 23 or Article 23a has been designated by the Sanctions Committee, the UN Security Council or by the Council.]
Textual Amendments
Textual Amendments