COUNCIL DECISION 2012/168/CFSP
of 23 March 2012
amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).
(2)
On the basis of a review of Decision 2011/235/CFSP, the restrictive measures should be renewed until 13 April 2013.
(3)
Furthermore, in view of the gravity of the human rights situation in Iran, additional persons should be included in the list of persons and entities subject to restrictive measures as set out in the Annex to Decision 2011/235/CFSP.
(4)
In this context, it is should be noted that, in line with recital (4) of Decision 2011/235/CFSP, the persons targeted by the restrictive measures may also include members of the Iranian Revolutionary Guard Corps (IRGC), the Basij and Ansar-e-Hezbollah.
(5)
In addition, the sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Iranian regime of the Internet and of telephone communications on mobile or fixed networks in Iran should be prohibited.
(6)
Furthermore, in consideration of its objectives, the prohibition on the supply, sale or transfer of equipment which might be used for internal repression should be included in Decision 2011/235/CFSP. At the same time, Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures directed against Iran (2) is to be amended so that it no longer includes that prohibition.
(7)
Decision 2011/235/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/235/CFSP is hereby amended as follows:
(1)
The following Articles are inserted:
"Article 2a
The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Iranian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Iran and the provision of assistance to install, operate or update such equipment or software shall be prohibited.
The Union shall take the necessary measures in order to determine the relevant elements to be covered by this Article.
Article 2b
1. The sale, supply, transfer or export of equipment which might be used for internal repression to Iran by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether or not originating in their territories.
2. It shall also be prohibited to:
(a)
provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for the use in, Iran.
(b)
provide, directly or indirectly, financing or financial assistance, related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Iran.".
(2)
The following Article is inserted:
"Article 4a
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2a and 2b.".
(3)
Article 6 is replaced by the following:
"Article 6
1. This Decision shall enter into force on the day of its adoption.
2. This Decision shall apply until 13 April 2013. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.".
Article 2
The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2011/235/CFSP.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 March 2012.