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Document 02023D1532-20240516
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
Consolidated text: 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
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
02023D1532 — EN — 16.05.2024 — 003.001
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COUNCIL DECISION (CFSP) 2023/1532 of 20 July 2023 (OJ L 186 25.7.2023, p. 20) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 2686 |
1 |
28.11.2023 |
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L 2792 |
1 |
11.12.2023 |
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L 1336 |
1 |
15.5.2024 |
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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
Article 1
It shall be prohibited:
to provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Iran, or for use in Iran;
to provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Iran, or for use in Iran.
to sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Iran or for use in Iran.
Article 2
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:
responsible for, supporting or involved in Iran’s UAV or missile programme;
supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies:
to Russia in support of its war of aggression against Ukraine;
to armed groups and entities undermining peace and security in the Middle East and the Red Sea region;
to natural or legal persons, entities or bodies acting in breach of United Nations Security Council Resolution 2216 (2015); or
associated with natural persons referred to in point (a) or point (b), or with legal persons, entities or bodies listed pursuant to Article 3(1);
as listed in the Annex.
Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:
as a host country to an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of the United Nations;
under a multilateral agreement conferring privileges and immunities; or
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
Article 3
All funds and economic resources belonging to, or owned, held or controlled by natural or legal persons, entities or bodies:
responsible for, supporting or involved in Iran’s UAV or missile programme;
supplying, selling or otherwise involved in transferring Iran’s UAVs or missiles or related technologies:
to Russia in support of its war of aggression against Ukraine;
to armed groups and entities undermining peace and security in the Middle East and the Red Sea region;
to natural or legal persons, entities or bodies acting in breach of United Nations Security Council Resolution 2216 (2015); or,
associated with natural or legal persons, entities or bodies referred to in point (a) or point (b);
as listed in the Annex, shall be frozen.
By way of derogation from paragraphs 1 and 2, the competent authority 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 it deems appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of the natural persons listed in the Annex and 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or
to be paid into or from an account belonging to a diplomatic mission, consular post or 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, consular post or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of that authorisation.
By way of derogation from paragraph 1, the competent authorities of a Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, provided that the following conditions are met:
the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
recognition of the decision is not contrary to public policy in the Member State concerned.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of that authorisation.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or
payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned;
provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.
Article 4
Article 5
Article 6
The Council and the High Representative shall process personal data in order to carry out their tasks under this Decision, in particular:
as regards the Council, for preparing and making amendments to the Annex;
as regards the High Representative, for preparing amendments to the Annex.
Article 7
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in the Annex;
any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).
Article 8
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision.
Article 9
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
Article 10
This Decision shall apply until 27 July 2024 and 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.
The exceptions referred to in Article 3(7) and (8) as regards Article 3(1) and (2) shall be reviewed at regular intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission following a fundamental change in circumstances.
Article 11
This Decision shall enter into force on the on the day following that of its publication in the Official Journal of the European Union.
ANNEX
List of natural and legal persons, entities and bodies referred to in Article 3
Natural persons
|
|
Names (Transliteration into Latin script) |
Names |
Identifying information |
Reasons for listing |
Date of listing |
|
1. |
Hadi ZAHOURIAN |
هادی ظهوریان (Farsi spelling) |
Position(s): Chief Executive Officer (CEO) of Shakad Sanat Asmari POB:Tehran, Iran Nationality: Iranian Gender: Male Passport number: 0055312047 (National ID) Associated entities: Shakad Sanat Asmari |
Hadi Zahourian is Chief Executive Officer (CEO) of Shakad Sanat Asmari. Shakad Sanat Asmari (a.k.a. Chekad Sanat Faraz Asia) is an Iranian company that develops and manufactures components for the Shahed unmanned aerial vehicles (UAVs). As the CEO of Shakad Sanat Asmari, Hadi Zahourian is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
2. |
Mohammad Shahab KHANIAN |
محمد شهاب خانیان (Farsi spelling) |
Position(s): Deputy Chief Executive Officer (CEO) of Shakad Sanat Asmari POB: Mashhad, Iran Nationality: Iranian Gender: Male Passport number: 0930588411 (National ID) Associated entities: Shakad Sanat Asmari |
Mohammad Shahab Khanian is Deputy Chief Executive Officer (CEO) of Shakad Sanat Asmari. Shakad Sanat Asmari (a.k.a. Chekad Sanat Faraz Asia) is an Iranian company that develops and manufactures components for the Shahed unmanned aerial vehicles (UAVs). As the Deputy CEO of Shakad Sanat Asmari, Mohammad Shahab Khanian is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
3. |
Ehsan Rahat VARNOSFADRANI |
احسان راحت وارنوسفدرانی (Farsi spelling) |
Position(s): Chief scientist of Shakad Sanat Asmari DOB: 1983 POB: Bahman, Iran Nationality: Iranian Gender: Male Associated entities: Shakad Sanat Asmari |
Ehsan Rahat Varnosfadrani is the Chief scientist and former Chief Executive Officer (CEO) of Shakad Sanat Asmari. Shakad Sanat Asmari (a.k.a. Chekad Sanat Faraz Asia) is an Iranian company that develops and manufactures components for the Shahed unmanned aerial vehicles (UAVs). As the Chief scientist and former CEO of Shakad Sanat Asmari, Ehsan Rahat Varnosfadrani is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
4. |
Rahmatollah HEIDARI a.k.a. Rehmatollah HEIDARI |
رحمت الله حیدری (Farsi spelling) |
Position(s): Managing Director and member of the board of directors of Iran-based Baharestan Kish Company DOB: 22.9.1985 Nationality: Iranian Gender: Male Associated entities: Baharestan Kish Company; Islamic Revolutionary Guard Corps (IRGC) |
Rahmatollah Heidari is the Managing Director and a member of the board of directors of Baharestan Kish Company. Baharestan Kish Company manufactures unmanned aerial vehicle (UAV) components for the Islamic Revolutionary Guard Corps (IRGC). As the Managing Director and a member of the board of directors of Baharestan Kish Company, Rahmatollah Heidari is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
5. |
Nader Khoon SIAVASH |
نادر خون سیاوش (Farsi spelling) |
Position(s): Director of Aerospace Industries Organization (AIO) DOB: 30.4.1963 Nationality: Iranian Gender: Male Passport number: 0028892753 (National ID) Associated entities: Aerospace Industries Organization (AIO); Defence Industries Organization (DIO); Islamic Revolutionary Guard Corps (IRGC) |
Nader Khoon Siavash is the Director of Aerospace Industries Organization (AIO). AIO is an organisation which reports to the Iranian Ministry of Defence and Armed Forces Logistics (MODAFL), and is active in Iran’s unmanned aerial vehicle (UAV) programme. As Director of AIO, Nader Khoon Siavash is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
6. |
Ehsan IMANINEJAD a.k.a. Ehsan IMANIJAD |
احسان ایمانی نژاد احسان ایمانی نژاد (Farsi spelling) |
Position(s): Chief Executive Officer (CEO) of Saad Sazeh Faraz Sharif DOB: 1982 POB: Shahrivar, Iran Nationality: Iranian Gender: Male Associated entities: Saad Sazeh Faraz Sharif |
Ehsan Imaninejad is Chief Executive Officer (CEO) of Saad Sazeh Faraz Sharif. Saad Sazeh Faraz Sharif (a.k.a. Daria Fanavar Borhan Sharif) is an Iranian company that offers aerospace engineering services and manufactures parts of the Shahed unmanned aerial vehicles (UAVs). As CEO of Saad Sazeh Faraz Sharif, Ehsan Imaninejad is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
Legal persons, entities and bodies
|
|
Names (Transliteration into Latin script) |
Names |
Identifying information |
Reasons for listing |
Date of listing |
|
1. |
Shakad Sanat Asmari a.k.a. Chekad Sanat Faraz Asia |
شکاد صنعت آسماری/چکاد صنعت فراز آسیا (Farsi spelling) |
Address: Tehran Province – District 18, Tehran City, Central Sector, Tehran City, Tehran Station Quarter, Afshar Nou Alley, Fadaiyan Islam St., No 841, 1st floor, postal code 1851617167 Type of entity: Limited Liability Company Place of registration: Tehran, Iran Date of registration: 2013 Principal place of business: Iran Associated individuals: Hadi Zahourian (Chief Executive Officer); Mohammad Shabab Khanian (Deputy Chief Executive Officer); Ehsan Rahat Varnosfadrani (Chief scientist and former Chief Executive Officer) |
Shakad Sanat Asmari (a.k.a. Chekad Sanat Faraz Asia) is an Iranian company that develops and manufactures components for the Shahed unmanned aerial vehicles (UAVs). It is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
2. |
Baharestan Kish Company |
شرکت بهارستان کیش (Farsi spelling) |
Address no. 1: Unit 17, Fifth Floor, Yas Building, Number 116, Sheikh Fazlollah Highway, Teimuri Blvd, before Sharif University Metro Station, Tehran, Iran; Address no. 2: Unit 18, Fifth Floor, Yas Building, Number 116, Sheikh Fazlollah Highway, Teimuri Blvd, before Sharif University Metro Station, Tehran, Iran; Address no. 3: Unit 19, Fifth Floor, Yas Building, Number 116, Sheikh Fazlollah Highway, Teimuri Blvd, before Sharif University Metro Station, Tehran 1459994450, Iran; Address no. 4: No 47, East 18th Street, Farhang Boulevard, Sa’adat Abad, Tehran 1997857976, Iran; Address no. 5: Unit 2, First Floor, EX35, Number 2, Exhibition Industrial Town, Kish Island 7941659854, Iran; Place of registration:Iran Date of registration: 2002 Associated individuals: Rahmatollah Heidari (Managing Director and a member of the board of directors) |
Baharestan Kish Company manufactures unmanned aerial vehicle (UAV) components for the Islamic Revolutionary Guard Corps (IRGC). The company has also worked on Shahed UAV components, which were exported to Russia. Baharestan Kish Company has overseen various defense-related projects, which included the manufacturing of UAVs. It is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
3. |
Saad Sazeh Faraz Sharif a.k.a. Daria Fanavar Borhan Sharif; Sadid Sazeh Parvaz Sharif |
سدید سازه پرواز شریف/داریا فن آور برهان شریف/شرکت سعد سازه فراز شریف (Farsi spelling) |
Address: Tehran Province – Tehran City – Central Sector – Tehran City – Shahrak Ansar Neighborhood – Tehran Karaj Highway – Chogan Street 9 – Plate 0 – Ground Floor Type of entity: Limited Liability Company Place of registration:Tehran, Iran Date of registration: 2017 Registration number: 534295 Principal place of business: Iran Associated individuals: Ehsan Imaninejad (Chief Executive Officer) |
Saad Sazeh Faraz Sharif is an Iranian company that offers aerospace engineering services and manufactures parts of the Shahed unmanned aerial vehicles (UAVs). It is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
4. |
Sarmad Electronic Sepahan Company a.k.a. Sarmad Electronics; Sarmad Electronic Sepahan; Sarmad Electronics Co. |
سدید سازه پرواز شریف/داریا فن آور برهان شریف/شرکت سعد سازه فراز شریف (Farsi spelling) |
Address: Second Floor, No 309, Alley 28, South Abou Na’im Street, Jaber Ansari Street, Isfahan, Iran; Place of registration: Iran Date of registration: 2014 Principal place of business: Iran |
Sarmad Electronic Sepahan Company is an Iranian company that produces the specific components used in Iranian unmanned aerial vehicles (UAVs). Those UAVs are deployed by Russia in its war of aggression against Ukraine. Servomotors and flowmotors in detached Iranian UAVs found on the Ukrainian battlefield have been traced back directly to Sarmad Electronic Sepahan Company. The company itself advertises its activities in Iran by claiming to be active in large sensitive industries in the country, including that of UAVs. It is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
|
5. |
Kimia Part Sivan Company (KIPAS) a.k.a. Kimiar Parts Sibon |
شرکت کیمیا پارت سیوان (کیپس) (Farsi spelling) |
Address: 1st Street, 6th Side Street, No 81, Jey Industrial Park, Isfahan 8376100000, Iran; Place of registration: Iran Registration number: 10320661315 or 414950 or 47779. |
Kimia Part Sivan Company (KIPAS) is an Iran-based company that has worked with Iran’s Islamic Revolutionary Guard Corps Quds Force (IRGC-QF) to improve the force’s unmanned aerial vehicle (UAV) programme. KIPAS officials have conducted UAV flight tests for the IRGC-QF and have provided technical assistance for IRGC-QF UAVs transferred to Iraq for use in IRGC-QF operations. KIPAS has also procured valuable UAV components for onward use by the IRGC. It is therefore supporting and involved in Iran’s UAV programme. |
11.12.2023 |
( 1 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance.) (OJ L 295, 21.11.2018, p. 39).