En european commission brussels, 31 2010 com(2010) 459 final 2010/0240 (nle) Proposal for a council regulation (EU) No …/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007




Yüklə 0.75 Mb.
səhifə1/7
tarix20.04.2016
ölçüsü0.75 Mb.
  1   2   3   4   5   6   7


EN



EUROPEAN COMMISSION

Brussels, 31.8.2010

COM(2010) 459 final

2010/0240 (NLE)

Proposal for a



COUNCIL REGULATION (EU) No …/2010

on restrictive measures against Iran and repealing Regulation (EC) No 423/2007

(presented jointly by the Commission and the High Representative of the EU


for Foreign Affairs and Security Policy)

EXPLANATORY MEMORANDUM

  1. On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against Iran in order to comply with UN Security Council Resolution 1929 (2010) and accompanying measures as requested by the European Council in its Declaration of 17 June 2010.

  2. These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology and equipment which might be used for internal repression, restrictions on trade in key equipment for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft.

  3. The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures.

  4. The restrictive measures concerning dual-use goods should be broadened to cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 goods and technology which are currently subject to prohibition should, however, remain subject to prohibition. It is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007.

  5. A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations. A supplementary proposal for the list of key equipment and technology for the oil and natural gas industry referred to in Article 8 of the proposed Regulation, will be made under separate cover.

  6. Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector.

  7. Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment.

  8. It is therefore necessary to amend and supplement Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran. For the sake of clarity, the Commission and the High Representative of the EU for Foreign Affairs and Security Policy propose to replace it by a new, consolidated Regulation.

2010/0240 (NLE)

Proposal for a



COUNCIL REGULATION (EU) No …/2010

on restrictive measures against Iran and repealing Regulation (EC) No 423/2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP1,

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

Whereas:


  1. On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against the Islamic Republic of Iran (hereinafter referred to as Iran) in order to comply with UN Security Council Resolution 1929 (2010) as well as accompanying measures as requested by the European Council in its Declaration of 17 June 2010.

  2. These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology as well as equipment which might be used for internal repression, restrictions on trade in key equipment and technology for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft.

  3. The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures.

  4. The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (IRISL) does 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,

  5. These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, legislation at the level of the Union is necessary in order to implement them as far as the Union is concerned.

  6. Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran2 as amended enacts the restrictive measures taken by the Union further to Common Position 2007/140/CFSP as amended3. For the sake of clarity, Regulation (EC) No 423/2007 should be repealed in its entirety and replaced by this Regulation.

  7. The revised restrictive measures concerning dual-use goods should cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 items which relate to nuclear and missile technology and are currently subject to prohibition should, however, remain subject to prohibition. Moreover, it is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007.

  8. A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations.

  9. Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector.

  10. Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment.

  11. In order to ensure consistency with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing4, this Regulation follows the same definitions of the terms "financial institution" and "credit institution" as that Directive.

  12. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to protection of personal data. This Regulation should be applied in accordance with those rights and principles.

  13. Decision 2010/413/CFSP makes provision for a review procedure to be followed when a natural or legal person, entity or body is included in Annex I or Annex II to that Decision. The listing procedures for the purpose of freezing funds and economic resources under this Regulation should not duplicate these procedures.

  14. For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with the Regulation, should be made public. Any processing of personal data of natural persons under this Regulation should respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data5 and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data6.

  15. In order to ensure that the measures provided for in this Regulation are effective, the latter should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Chapter I
Definitions


Article 1

For the purposes of this Regulation the following definitions shall apply:

(a) 'branch' of a financial or credit institution means a place of business which forms a legally dependent part of a financial or credit institution and which carries out directly all or some of the transactions inherent in the business of financial or credit institutions;

(b) ‘brokering services’ means activities of persons, entities and partnerships acting as intermediaries by buying, selling or arranging the transfer of goods and technology, or negotiating or arranging transactions that involve the transfer of goods or technology;

(c) ‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

(d) ‘credit institution’ means a credit institution as defined in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions7, including its branches inside or outside the Union;

(e) ‘customs territory of the Union’ means the territory defined in Article 3 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code8.

(f) ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but which may be used to obtain funds, goods or services;

(g) ‘exploration of crude oil and natural gas’ includes prospection of crude oil and of natural gas, as well as geological services;

(h) ‘financial institution’ means

(i) an undertaking, other than a credit institution, which carries out one or more of the operations included in points 2 to 12 and points 14 and 15 of Annex I to Directive 2006/48/EC, including the activities of currency exchange offices (bureaux de change);

(ii) an insurance company duly authorised in accordance with Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance9, insofar as it carries out activities covered by that Directive;

(iii) an investment firm as defined in point 1 of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments10;

(iv) a collective investment undertaking marketing its units or shares;

(v) an insurance intermediary as defined in Article 2(5) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation11, with the exception of intermediaries as mentioned in Article 2(7) of that Directive, when they act in respect of life insurance and other investment related services;

and its branches inside or outside the Union.

(i) ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

(g) ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;

(k) ‘funds’ means financial assets and benefits of every kind, including but not limited to:

(i) cash, cheques, claims on money, drafts, money orders and other payment instruments;

(ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

(iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

(iv) interest, dividends or other income on or value accruing from or generated by assets;

(v) credit, right of set-off, guarantees, performance bonds or other financial commitments;

(vi) letters of credit, bills of lading, bills of sale; and

(vii) documents showing evidence of an interest in funds or financial resources;

(l) ‘goods’ includes items, materials and equipment;

(m) ‘insurance’ means a commitment whereby one or more persons is or are obliged, in return for a payment, to provide one or more other persons, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the commitment;

(n) ‘investment’ means:

(i) an acquisition or extension of a participation in an enterprise, including the acquisition in full of such an enterprise and the acquisition of shares and securities of a participating nature;

(ii) a financial loan or credit;

(iii) an agreement with another natural or legal person, entity or body who commits to acquiring or extending a participation in an enterprise in his own name at the expense of the other party to the agreement and to exercise his ownership rights upon the instruction of the other party to the agreement;

(o) ‘Iranian aircraft’ means:

(i) an aircraft registered in Iran;

(ii) an aircraft not registered in Iran and owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(iii) any other aircraft which is leased or otherwise hired by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(p) ‘Iranian enterprise’ means:

(i) any legal person, entity or body which is incorporated or otherwise constituted under the law of Iran;

(ii) any other legal person, entity or body, including any non-incorporated enterprise or association, which has its principal place of business or central administration in Iran;

(iii) any legal person, entity or body not incorporated or constituted under the law of Iran which is owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(q) ‘Iranian vessel’ means:

(i) a vessel flying the flag of Iran;

(ii) a vessel flying another flag which is owned, in whole or in part, by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(iii) any other vessels chartered or otherwise hired by one or more nationals of Iran or by one or more legal persons, entities or bodies which are incorporated or constituted under the law of Iran;

(r) ‘person, entity or body in Iran’ means:

(i) the State of Iran or any public authority thereof;

(ii) any natural person in, or resident in, Iran;

(iii) any legal person, entity or body having its registered office in Iran;

(iv) any legal person, entity or body controlled directly or indirectly by one or more of the above mentioned persons or bodies;

(s) ‘production of crude oil and natural gas’ includes transmission of crude oil and of natural gas;

(t) ‘refining’ means the processing, conditioning or preparation for the market of hydrocarbons;

(u) ‘reinsurance’ means the activity consisting in accepting risks ceded by an insurance undertaking or by another reinsurance undertaking or, in the case of the association of underwriters known as Lloyd's, the activity consisting in accepting risks, ceded by any member of Lloyd's, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd's;

(v) ‘Sanctions Committee’ means the Committee of the United Nations Security Council which was established pursuant to paragraph 18 of UNSCR 1737 (2006);

(w) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;

(x) ‘technology’ includes software;

(y) ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.

(z) ‘transfer of funds’ means any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, irrespective of whether the payer and the payee are the same person. The terms payer, payee and payment service provider have the same meaning as in Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds12;

Chapter II
Export and import restrictions


Article 2

1. It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in Annexes I and II, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise;

(b) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex III, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran;

(c) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in point (a) or (b).

2. Annex I shall include goods and technology, including software, which are dual-use items or technology as defined in 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 items13, except the goods and technology defined in Category 5 of Annex I to that Regulation which are not included in the Nuclear Suppliers Group and Missile Technology Control Regime lists.

3. Annex II shall include other goods and technology which could contribute to Iran’s 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 identified as outstanding, including those determined by the UN Security Council or by the Sanctions Committee.

4. Annexes I and II shall not include goods and technology included in the Common Military List of the European Union14.



Article 3

1. A prior authorisation shall be required for the sale, supply, transfer or export, directly or indirectly, of the goods and technology listed in Annex IV, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise.

2. For all exports for which an authorisation is required under this Article, such authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be in accordance with the detailed rules laid down in Article 11 of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. The authorisation shall be valid throughout the Union.

3. Annex IV shall include any goods and technology other than those included in Annexes I and II, which 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 International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding.

4. Exporters shall supply the competent authorities with all relevant information required for their application for an export authorisation.

5. The competent authorities of the Member States, as identified in the websites listed in Annex V, shall not grant any authorisation for any sale, supply, transfer or export of the goods or technology included in Annex IV, if they determine that the sale, supply, transfer or export thereof would contribute to one of the following activities:

(a) Iran's enrichment-related, reprocessing or heavy water-related activities;

(b) the development of nuclear weapon delivery systems by Iran;

(c) the pursuit by Iran of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding; or

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

6. Under the conditions set out in paragraph 5, the competent authorities of the Member States, as identified in the websites listed in Annex V, may annul, suspend, modify or revoke an export authorisation which they have already granted.

7. Where they refuse to grant an authorisation, or annul, suspend, substantially limit or revoke an authorisation in accordance with paragraph 5, the Member States shall notify the other Member States and the Commission thereof and share the relevant information with them, while complying with the provisions concerning the confidentiality of such information of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters15.

8. Before a Member State grants an authorisation which has been denied by another Member State, in accordance with paragraph 5, for an essentially identical transaction and for which the denial is still valid, it will first consult the Member State or States which issued the denial as provided for in paragraphs 6 and 7. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain the decision.

Article 4

It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I, II and III from Iran, whether the item concerned originates in Iran or not.



Article 5

1. It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union, or related to the provision, manufacture, maintenance and use of goods included in that list, to any natural or legal person, entity or body in, or for use in, Iran;

(b) to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annexes I and II, or related to the provision, manufacture, maintenance and use of goods listed in Annexes I and II, to any natural or legal person, entity or body in, or for use in, Iran;

(c) to provide, directly or indirectly, technical assistance or brokering services related to equipment which might be used for internal repression as listed in Annex III, to any natural or legal person, entity or body in, or for use in, Iran;

(d) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union or in Annexes I, II and III, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any natural or legal person, entity or body in, or for use in, Iran;

(e) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) to (d).

2. The provision of the following shall be subject to an authorisation of the competent authority of the Member State concerned:

(a) technical assistance or brokering services related to goods and technology listed in Annex IV 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;

(b) financing or financial assistance related to goods and technologies referred to in Annex IV, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these items, or for any provision of related technical assistance, directly or indirectly, to any person, entity or body in, or for use in, Iran.

3. The competent authorities of the Member States, as identified in the websites listed in Annex V, shall not grant any authorisation for the transactions referred to in paragraph 2, if they determine that the action were to contribute to one of the following activities:

(a) Iran's enrichment-related, reprocessing or heavy water-related activities;

(b) the development of nuclear weapon delivery systems by Iran;

(c) the pursuit by Iran of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding; or

(d) the exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas by an Iranian enterprise.

Article 6

Article 2(1)(a) shall not apply to the goods falling within Part B of Annex I, when they are sold, supplied, transferred or exported to, or for use in, Iran for a light water reactor in Iran whose construction has begun before December 2006.



Article 7

1. The competent authorities of the Member States, as identified in the websites listed in Annex V, may grant, under such terms and conditions as they deem appropriate, an authorisation for a transaction in relation to goods and technology referred to in Article 2(1) or assistance or brokering services referred to in Article 5(1), if the following conditions are met:

(a) the contract for delivery of the goods or technology, or for the provision of assistance, includes appropriate end-user guarantees;

(b) Iran has undertaken not to use the goods or technology concerned, or if applicable, the assistance concerned, in proliferation sensitive nuclear activities or for development of nuclear weapon delivery systems;

(c) if the transaction concerns goods or technology contained in the Nuclear Suppliers Group and Missile Technology Control Regime lists, the Sanctions Committee has determined in advance and on a case-by-case basis that the transaction would clearly contribute neither to the development of technologies in support of Iran's proliferation sensitive nuclear activities, nor to the development of nuclear weapon development delivery systems; and

(d) if the goods or technology concerned can be considered as key equipment or technology for the oil and natural gas industry, the end-user is not an enterprise engaged in exploration of crude oil and natural gas, production of crude oil and natural gas, refining, or liquefaction of natural gas, as referred to in Article 8(1).

2. The Member State concerned shall inform the other Member States and the Commission when it rejects a request for an authorisation.

Article 8

1. It shall be prohibited to sell, supply, transfer or export goods or technology listed in Annex VI, directly or indirectly, to any natural or legal person, entity or body in, or for use in, Iran, or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the following activities:

(a) exploration of crude oil and natural gas;

(b) production of crude oil and natural gas;

(c) refining;

(d) liquefaction of natural gas.

2. Annex VI shall include key equipment and technology used in the industries mentioned in paragraph 1. Annex VI shall not include items included in the Common Military List of the European Union, Annex I or Annex II.

3. An enterprise engaged in the manufacture of certain goods or in a certain activity shall be construed as including an enterprise proposing to engage in such manufacture or such activity.



Article 9

It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annex VI, or related to the provision, manufacture, maintenance and use of goods listed in Annex VI, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the following activities:

(i) exploration of crude oil and natural gas;

(ii) production of crude oil and natural gas;

(iii) refining;

(iv) liquefaction of natural gas;

(b) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in Annex VI, to any natural or legal person, entity or body in, or for use in, Iran or to an Iranian enterprise, if the person, entity, body or enterprise concerned is engaged in one or more of the activities referred to in point (a);

(c) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) and (b).

Article 10

1. The prohibitions in Article 8(1) and 9 shall not apply to:

(a) in the case of Article 8.1, transactions required by a trade contract concluded before 26 July 2010 or by a contract or agreement concluded before 26 July 2010 and relating to an investment in Iran made before 26 July 2010;

(b) in the case of Article 9, the provision of assistance required by a contract or agreement concluded before 26 July 2010 and relating to an investment made in Iran before 26 July 2010,

provided that the conditions set out in points (c) and (d) are met,

(c) the natural or legal person, entity or body seeking to engage in the transaction or to provide assistance has notified the transaction or assistance to one of the competent authorities of the Member States, as identified in the websites listed in Annex V; and

(d) the competent authority which received the notification has not informed the applicant within 15 working days that it considers that the conditions set out in points (a) or (b) are not met.

2. The sale, supply, transfer or export of goods or technology listed in Annex VI and the provision of related brokering services, assistance or financing to Iran or to an Iranian enterprise shall be notified to one of the competent authorities of the Member States, as identified in the websites listed in Annex V, if the person, entity, body or enterprise concerned is not engaged in one or more of the activities referred to in Article 8(1).

The transaction or provision of services, assistance or financing shall be so notified at least 15 working days before it takes place. It shall be prohibited if the competent authority which received the notification, informs within 15 working days that it considers that it is prohibited by Article 8(1) or 9.

  1   2   3   4   5   6   7


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə