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Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran

In forceVersion 2012-01-23from 2012-01-24
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX I List of persons and entities referred to in Article 1(1)
  5. I. B.
  6. II. A. B.
  7. III. B.
  8. ANNEX II Entity referred to in Article 1(2)
  9. ANNEX III Entries referred to in Article 1(3)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran, and in particular Article 36(2) thereof,

Whereas:

(1) On 25 October 2010, the Council adopted Regulation (EU) No 961/2010.

(2) On 1 December 2011, the Council reiterated its serious and deepening concerns over the nature of Iran's nuclear programme, and in particular over the findings on Iranian activities relating to the development of military nuclear technology, as reflected in the latest International Atomic Energy Agency (IAEA) report. In the light of these concerns and in accordance with the European Council Declaration of 23 October 2011, the Council agreed to broaden existing sanctions.

(3) On 9 December 2011, the European Council endorsed the Council conclusions of 1 December 2011 and invited the Council to proceed with its work relating to extending the scope of EU restrictive measures against Iran as a matter of priority.

(4) In accordance with Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex VIII to Regulation (EU) No 961/2010. In addition, the entries for certain persons and entities included in Annex VIII to Regulation (EU) No 961/2010 should be amended,

HAS ADOPTED THIS REGULATION:

Article 1

1. The persons and entities listed in Annex I to this Regulation shall be added to the list set out in Annex VIII to Regulation (EU) No 961/2010.

2. The entity mentioned in Annex II to this Regulation shall be removed from the list set out in Annex VIII to Regulation (EU) No 961/2010.

3. The entries in Annex VIII to Regulation (EU) No 961/2010 shall be amended as set out in Annex III to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 January 2012. For the Council The President C. Ashton

ANNEX

ANNEX I List of persons and entities referred to in Article 1(1)

I. B.

Persons and entities involved in nuclear or ballistic missiles activities Entities Name Identifying information Reasons Date of listing 1. Central Bank of Iran (a.k.a. Central Bank of the Islamic Republic of Iran) Postal Address: Mirdamad Blvd., NO.144, Tehran, Islamic Republic of Iran P.O. Box: 15875 / 7177 Switchboard: +98 21 299 51 Cable Address: MARKAZBANK Telex: 216 219-22 MZBK IR SWIFT Address: BMJIIRTH Web Site: http://www.cbi.ir E-mail: G.SecDept@cbi.ir Involvement in activities to circumvent sanctions 23.1.2012 2. Bank Tejarat Postal Address: Taleghani Br. 130, Taleghani Ave. P.O.Box: 11365 - 5416, Tehran Tel.: 88826690 Tlx.: 226641 TJTA IR. Fax: 88893641 Website: http://www.tejaratbank.ir Bank Tejarat is a State owned bank. It has directly facilitated Iran’s nuclear efforts. For example, in 2011, Bank Tejarat facilitated the movement of tens of millions of dollars in an effort to assist the UN designated Atomic Energy Organisation of Iran’s ongoing effort to acquire yellowcake uranium. The AEOI is the main Iranian organisation for research and development of nuclear technology, and manages fissile material production programs. Bank Tejarat also has a history of assisting designated Iranian banks in circumventing international sanctions, for example acting in business involving UN designated Shahid Hemmat Industrial Group cover companies. Through its financial services to EU designated Bank Mellat and Export Development Bank of Iran (EDBI) in the past few years, Bank Tejarat has also supported the activities of subsidiaries and subordinates of the Iran Revolutionary Guard Corps, UN designated Defense Industries Organisation and UN designated MODAFL. 23.1.2012 3. Tidewater (a.k.a. Tidewater Middle East Co.) Postal address: No. 80, Tidewater Building, Vozara Street, Next to Saie Park, Tehran, Iran Owned or controlled by IRGC 23.1.2012 4. Turbine Engineering Manufacturing (TEM) (a.k.a T.E.M. Co.) Postal address: Shishesh Mina Street, Karaj Special Road, Tehran, Iran Used as a front company by designated Iran Aircraft Industries (IACI) for covert procurement activities. 23.1.2012 5. Sad Export Import Company (a.k.a. SAD Import & Export Company) Postal address: Haftom Tir Square, South Mofte Avenue, Tour Line No; 3/1, Tehran, Iran P.O. Box 1584864813 Tehran, Iran Used as a front company by designated Defence Industries Organization (DIO). Involved in arms transfers to Syria. The company’s involvement was also noted in illicit arms transfer aboard M/V Monchegorsk. 23.1.2012 6. Rosmachin Postal address: Haftom Tir Square, South Mofte Avenue, Tour Line No; 3/1, Tehran, Iran P.O. Box 1584864813 Tehran, Iran Front company of Sad Export Import Company. Involved in illicit arms transfer aboard M/V Monchgorsk. 23.1.2012

II. A. B.

Islamic Revolutionary Guard Corps (IRGC) Persons Name Identifying information Reasons Date of listing 1. Ali Ashraf NOURI IRGC Deputy Commander, IRGC Political Bureau Chief 23.1.2012 2. Hojatoleslam Ali SAIDI (a.k.a. Hojjat- al-Eslam Ali Saidi or Saeedi Representative of the Supreme Leader to the IRGC 23.1.2012 3. Amir Ali Haji ZADEH (a.k.a. Amir Ali Hajizadeh) IRGC Air Force Commander, Brigadier General 23.1.2012 Entities Name Identifying information Reasons Date of listing 1. Behnam Sahriyari Trading Company Postal address: Ziba Buidling, 10th Floor, Northern Sohrevardi Street, Tehran, Iran Sent two containers of various types of firearms from Iran to Syria in May 2007 in violation of op. 5 of UNSCR 1747(2007) 23.1.2012

III. B.

Islamic Republic of Iran Shipping Lines (IRISL) Entities Name Identifying information Reasons Date of listing 1. BIIS Maritime Limited Postal address: 147/1 St. Lucia, Valletta, Malta Owned or controlled by designated Irano Hind 23.1.2012 2. Darya Delalan Sefid Khazar Shipping Company (Iran) (a.k.a. Khazar Sea Shipping Lines or Darya-ye Khazar Shipping Company or Khazar Shipping Co. or KSSL or Daryaye Khazar (Caspian Sea) Co. or Darya-e-khazar shipping Co.) Postal address: M. Khomeini St., Ghazian, Bandar Anzil, Gilan, IranNo. 1, End of Shahid Mostafa Khomeini St., Tohid Square, Bandar Anzali, 1711-324, Iran Owned or controlled by IRISL 23.1.2012

ANNEX II Entity referred to in Article 1(2)

Syracuse S.L

ANNEX III Entries referred to in Article 1(3)

Name Identifying information Reasons Date of listing 1. Hanseatic Trade Trust & Shipping (HTTS) GmbH Postal address: Schottweg 7, 22087 Hamburg, Germany; Opp 7th Alley, Zarafshan St, Eivanak St, Qods Township; HTTS GmbH Controlled by and/or acting on behalf of IRISL. HTTS is registered under the same address as IRISL Europe GmbH in Hamburg, and its principal Dr. Naser Baseni was previously employed with IRISL. 23.1.2012 2. Oasis Freight Agency Postal address: Al Meena Street, Opposite Dubai Ports & Customs, 2nd Floor, Sharaf Building, Dubai UAE; Sharaf Building, 1st Floor, Al Mankhool St., Bur Dubai, P.O. Box 5562, Dubai, United Arab Emirates; Sharaf Building, No. 4, 2nd Floor, Al Meena Road, Opposite Customs, Dubai, United Arab Emirates, Kayed Ahli Building, Jamal Abdul Nasser Road (Parallel to Al Wahda St.), P.O. Box 4840, Sharjah, United Arab Emirates Acted on behalf of IRISL in the UAE. Has been replaced by Good Luck Shipping Company which is also designated for acting on behalf of IRISL 23.1.2012

Versions

  1. 2012-01-23

Cited by

  • Action brought on 23 January 2017 — Bank Tejarat v Council (Case T-37/17) Notice · Grade B
    order the Council to pay the applicant compensation for the damage suffered as a result of the Council’s imposition of restrictive measures by way of the following acts, concerning restrictive measures against Iran: Council Decision 2012/35/CFSP of 23 January 2012 (OJ 2012 L 19, p. 22), Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 (OJ 2012 L 19, p. 1), Council Regulation (EU) No 267/2012 of 23 March 2012 (OJ 2012 L 88, p. 1), Council Implementing Regulation (EU) No 709/2012 of 2 August 2012 (OJ 2012 L 208, p. 2), Council Decision (CFSP) 2015/556 of 7 April 2015 (OJ L 92,
  • Judgment of the General Court of 22 January 2015 — Bank Tejarat v Council (Case T-176/12) Notice · Grade B
    (Common foreign and security policyRestrictive measures against Iran with the aim of preventing nuclear proliferationFreezing of fundsError of assessment)2015/C 081/17Language of the case: English Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, F. Zaiwalla and Z. Burbeza, Solicitors, D. Wyatt QC, and R. Blakeley, Barrister) Defendant: Council of the European Union (represented by: M. Bishop and S. Cook, acting as Agents) Application for the annulment in part, with immediate effect, of Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CF
  • Judgment of the General Court of 22 January 2015 — Bank Tejarat v Council (Case T-176/12) Notice · Grade B
    Point 2 of Table I.B in Annex I to Council Implementing Regulation (EU) No 54/2012 of 23 January 2012, implementing Regulation (EU) No 961/2010 on the adoption of restrictive measures against Iran;
  • Opinion of Advocate General Pitruzzella delivered on 5 March 2019 Case C‑123/18 P HTTS Hanseatic Trade Trust & Shipping GmbH v Council of the European Union Opinion · Grade B
    I wonder whether, in allowing the Council to rely on such information and evidence subsequent to the conduct complained of, the General Court should not have also, without being accused of double standards, taken into account the events that affected HTTS after 2010, as HTTS submits. In that regard, I note that Regulation No 961/2010 was annulled, in so far as it concerned the appellant, by the General Court in the judgment of 7 December 2011, HTTS v Council, on the ground of infringement of the obligation to state reasons. Nonetheless, as the General Court did not rule out that the listing co
  • Judgment of the Court (Fourth Chamber) 29 November 2018 Judgment · Grade B
    On 23 January 2012, by Decision 2012/35 and Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation No 961/2010 (OJ 2012 L 19, p. 1), the Council included the name of the appellant in the lists of persons and entities whose assets are to be frozen, set out respectively in Annex II to Decision 2010/413 and Annex VIII to Regulation No 961/2010. The grounds for its inclusion on those lists were identical and were worded as follows: Bank Tejarat is a State owned bank. It has directly facilitated Iran’s nuclear efforts. For example, in 2011, Bank Tejarat facilitated the m
  • Judgment of the Court (Fourth Chamber) 29 November 2018 Judgment · Grade B
    By judgment of 22 January 2015, Bank Tejarat v Council (T‑176/12, EU:T:2015:43), the General Court annulled Decision 2012/35, Implementing Regulation No 54/2012, Regulation No 267/2012 and Implementing Regulation No 709/2012 in so far as they concerned the appellant, on the ground that the Council had not established that the appellant had provided support for nuclear proliferation or assisted other persons and entities to breach or avoid the restrictive measures to which they were subject. No appeal was lodged against that judgment.
  • Action brought on 16 April 2012 — Bank Tejarat v Council (Case T-176/12) Notice · Grade B
    Annul paragraph 2 of table I.B. of Annex I to Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ L 19, p. 1), insofar as it relates to the applicant;
  • Action brought on 16 April 2012 — Bank Tejarat v Council (Case T-176/12) Notice · Grade B
    Declare that the annulment of paragraph 2 of table I.B. of Annex I to Council Decision 2012/35/CFSP and Council Implementing Regulation (EU) No 54/2012 and paragraph 105 of table B of Annex IX to Council Regulation (EU) No 267/2012 has immediate effects; and
  • Action brought on 21 March 2012 — HTTS v Council (Case T-128/12) Notice · Grade B
    Annul Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as they concern the applicant;
  • Judgment of the General Court of 16 May 2019 — Bank Tejarat v Council (Case T-37/17) Notice · Grade B
    Non-contractual liabilityCommon foreign and security policyRestrictive measures against IranFreezing of fundsRestriction on admission to the territory of the Member StatesCompensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issueSufficiently serious breach of a rule of law conferring rights on individuals2019/C 230/35Language of the case: English Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, K. Mittal, A. Meskarian, Solicitors, T. Otty
  • Judgment of the Court (Second Chamber) 7 April 2016 Judgment · Grade B
    By Decision 2012/35, the appellant’s name was included on the list appearing in Annex II to Decision 2010/413, on the ground that it was involved in activities designed to circumvent sanctions. For the same reason, the appellant’s name was included on the list appearing in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1) by Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation No 961/2010 (OJ 2012 L 19, p. 1).
  • Judgment of the General Court (First Chamber) 7 July 2021 Judgment · Grade B
    After delivery of the judgment of 7 December 2011, HTTS v Council (T‑562/10, EU:T:2011:716), the Council listed the applicant’s name several other times, that is to say, first, on 23 January 2012, by Decision 2012/35/CFSP amending Decision 2010/413 (OJ 2012 L 19, p. 22), for the following reasons: Controlled by [or] acting on behalf of IRISL. [The applicant] is registered under the same address as IRISL Europe GmbH in Hamburg [(Germany)], and its principal Dr. Naser Baseni was previously employed with IRISL. As a result, the applicant’s name was included, on those grounds, on the list in Annex
  • Judgment of the General Court of 12 June 2013 — HTTS v Council (Case T-128/12) Notice · Grade B
    Common foreign and security policyRestrictive measures adopted against Iran in order to prevent nuclear proliferationFreezing of fundsManifest error of assessment2013/C 225/170Language of the case: German Applicant: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) (represented by: J. Kienzle and M. Schlingmann, lawyers) Defendant: Council of the European Union (represented initially by: M. Bishop, Z. Kupčová and F. Naert and subsequently by: Bishop and Z. Kupčová, acting as Agents) Intervener in support of the defendant (Case T-182/12: Federal Republic of Germany (represented init
  • Judgment of the General Court of 12 June 2013 — HTTS v Council (Case T-128/12) Notice · Grade B
    Rules that, in Case T-128/12, there is no further need to adjudicate on the application for annulment of Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it concerns HTTS Hanseatic Trade Trust & Shipping GmbH;
  • Judgment of the General Court (First Chamber) 25 March 2015 Judgment · Grade B
    Consequently, by Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2012 L 19, p. 1), the applicant’s name was included in the list in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1). That listing took effect on 24 January 2012. It had the effect, in particular, of freezing the applicant’s funds and economic resources.
  • Judgment of the General Court (First Chamber) 25 March 2015 Judgment · Grade B
    By letter of 24 January 2012, received by the applicant on 6 February 2012, the Council informed the applicant of its inclusion in the lists in Annex II to Decision 2010/413, as amended by Decision 2012/35, and in Annex VIII to Regulation No 961/2010, as amended by Implementing Regulation No 54/2012. Copies of Decision 2012/35 and Implementing Regulation No 54/2012 were enclosed with the letter.
  • Judgment of the General Court (First Chamber) 25 March 2015 Judgment · Grade B
    On the adoption of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), the listing of the applicant’s name in Annex VIII to Regulation No 961/2010, as amended by Implementing Regulation No 54/2012, was revoked in order to be replaced by the listing of the applicant’s name, on grounds identical to those already mentioned in paragraph 9 above, in Annex IX to Regulation No 267/2012 (the list in Annex IX to Regulation No 267/2012 and the list in Annex II to Decision 2010/413, as amended by Deci
  • Judgment of the General Court (First Chamber) 25 March 2015 Judgment · Grade B
    By letter of 26 March 2012, the applicant denied any personal involvement in activities designed to circumvent the sanctions and, consequently, requested the Council to reconsider the listing of its name in Annex II to Decision 2010/413, as amended by Decision 2012/35, and in Annex VIII to Regulation No 961/2010, as amended by Implementing Regulation No 54/2012. The applicant also asked to be provided with the evidence justifying its listing.
  • Judgment of the General Court (Third Chamber) 13 December 2017 Judgment · Grade B
    Thus, ratione temporis, the damage in respect of which the applicant is seeking compensation, namely that arising from the two listings referred to above, is said to have been suffered during the period from 26 July 2010, when the applicant was originally listed among the legal persons connected to IRISL, until 23 January 2012, when the Council adopted Implementing Regulation (EU) No 54/2012 of 23 January 2012, implementing Regulation No 961/2010 (OJ 2012 L 19, p. 1). On that date, the listing effected by Regulation No 961/2010 ceased to produce legal effects.
  • Judgment of the General Court (Fourth Chamber) 6 September 2013 Judgment · Grade B
    By document lodged at the Court Registry on 15 February 2012, the applicant amended its heads of claim in Case T‑7/11 following the adoption of Decision 2011/783, Implementing Regulation No 1245/2011, Council Decision 2012/35/CFSP of 23 January 2012 amending Decision 2010/413 (OJ 2012 L 19, p. 22), Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 implementing Regulation No 961/2010 (OJ 2012 L 19, p. 1), and Council Regulation (EU) No 56/2012 of 23 January 2012 amending Regulation No 961/2010 (OJ 2012 L 19, p. 10).