Regulations, 2008

L.N. 124 of 2008

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Iran) (Further Sanctions)

Regulations, 2008

IN exercise of the powers conferred by article 3 of the National

Interest(Enabling Powers) Act, the Prime Minister has made the

following regulations>–

The title of these regulations is the United Nations Sanctions Citation.

(Iran) (Further Sanctions) Regulations, 2008.

In these regulations, unless the context otherwise requires –

Interpretation.

“the Act” means the National Interest (Enabling Powers) Act<

“Annex I” means Annex I to the Resolution referred to in

regulation 3 hereof<

“Annex II” means Annex II to the Resolution referred to in

regulation 3 hereof<

“Annex III” means Annex III to the Resolution referred to in

regulation 3 hereof<

“the Committee” means the Committee of the Security

Council of the United Nations referred to in the United Nations

L.N. 14 of 2007.

Sanctions (Iran) Regulations, 2007<

“the IAEA” means the International Atomic Energy Agency<

“Iran” means the Islamic Republic of Iran<

“the Resolution” means the Resolution referred to in

regulation 3 hereof<

“the Security Council” means the Security Council of the

United Nations.

For the purpose of article 3 (4) of the Act, Resolution number Text of Resolution

1803 (2008).

1803 (2008) adopted by the Security Council of the United Nations on

the 3rd March 2008 is published in the English language in the Schedule

to these regulations.

(1) The entry into or transit through the territory of Malta of

Entry or Transit into

persons designated in Annex I, as well as of additional persons

designated by the Security Council or the Committee as being engaged

in, directly associated with or providing support for Iran’s proliferation

sensitive nuclear activities or for the development of nuclear weapon

delivery systems, shall be notified to the Committee.

Provided such entry or transit is not for activities directly related

to>

(a)

equipment for light water reactors< or

(b) low-enriched uranium when it is incorporated in

assembled nuclear fuel elements for such reactors.

(2) Nothing contained in sub-regulation (1) hereof shall

oblige Malta from refusing entry into its territory to any of its own

citizens.

(3) The measures imposed by sub-regulation (1) hereof shall

not apply where it is determined that such travel is justified on the

grounds of humanitarian need, including religious obligations.

(1) The entry into or transit through the territory of Malta of

Prohibition of Entry

persons designated in Annex II, as well as of additional persons

designated by the Security Council or the Committee as being engaged

in, directly associated with or providing support for Iran’s proliferation

of sensitive nuclear activities or for the development of nuclear weapon

delivery systems, including through the involvement in procurement of

the prohibited items, goods, equipment, materials and technology, shall

be prohibited>

Provided such entry or transit is not for activities directly related

to>

(a)

equipment for light water reactors< or

(b) low-enriched uranium when it is incorporated in

assembled nuclear fuel elements for such reactors.

(2) Nothing contained in sub-regulation (1) hereof shall

oblige Malta from refusing entry into its territory to any of its own

citizens.

(3) The measures imposed by sub-regulation (1) hereof shall

not apply where the Committee determines on a case-by-case basis that

such travel is justified on the grounds of humanitarian need, including

religious obligations, or where the Committee concludes that an

exemption would otherwise further the objectives of the Resolution.

By virtue of this regulation, regulation 10 of the United Nations Freezing of funds.

Sanctions (Iran) Regulations, 2007, shall apply to the persons and entities L.N. 14 of 2007.

listed in Annexes I and III, and any persons or entities acting on their

behalf or at their direction, and to entities owned or controlled by them

and to persons and entities determined by the Council or the Committee

to have assisted designated persons or entities in evading the sanctions.

It shall be unlawful to supply, sell or transfer directly or Prohibition of

supply of certain

indirectly from Malta or by citizens of Malta, using Malta’s flag vessels items.

or aircraft to, or for the use in or benefit of, Iran, and whether or not

originating from Malta, of>

(a) all items set out in INFCIRC#254#Rev.7#Part 2 of

document S#2006#814, except where such items are required for

exclusive use in light water reactors, and where such supply, sale

or transfer is necessary for technical cooperation provided to Iran

by the IAEA<

(b) all items set out in 19.A.3 of Category II of document

S#2006#815.

Any person found guilty of an offence against these regulations Penalty.

shall, on conviction, be liable to a fine (multa) not exceeding 116,469

euro.

Resolution 1803 (2008)

Adopted by the Security Council at its 5848th meeting,

on 3 March 2008

The Security Council,

Recalling the Statement of its President, S/PRST/2006/15, of 29 March 2006,

and its resolution 1696 (2006) of 31 July 2006, its resolution 1737 (2006) of

23 December 2006 and its resolution 1747 (2007) of 24 March 2007, and

reaffirming their provisions,

Reaffirming its commitment to the Treaty on the Non-Proliferation of Nuclear

Weapons, the need for all States Party to that Treaty to comply fully with all their

obligations, and recalling the right of States Party, in conformity with Articles I and

II of that Treaty, to develop research, production and use of nuclear energy for

peaceful purposes without discrimination,

Recalling the resolution of the IAEA Board of Governors (GOV/2006/14),

which states that a solution to the Iranian nuclear issue would contribute to global

non-proliferation efforts and to realizing the objective of a Middle East free of

weapons of mass destruction, including their means of delivery,

Noting with serious concern that, as confirmed by the reports of 23 May 2007

(GOV/2007/22), 30 August 2007 (GOV/2007/48), 15 November 2007

(GOV/2007/58) and 22 February 2008 (GOV/2008/4) of the Director General of the

International Atomic Energy Agency (IAEA), Iran has not established full and

sustained suspension of all enrichment related and reprocessing activities and heavy

water-related projects as set out in resolution 1696 (2006), 1737 (2006), and 1747

(2007), nor resumed its cooperation with the IAEA under the Additional Protocol,

nor taken the other steps required by the IAEA Board of Governors, nor complied

with the provisions of Security Council resolution 1696 (2006), 1737 (2006) and

1747 (2007) and which are essential to build confidence, and deploring Iran’s

refusal to take these steps,

Noting with concern that Iran has taken issue with the IAEA’s right to verify

design information which had been provided by Iran pursuant to the modified

Code 3.1, emphasizing that in accordance with Article 39 of Iran’s Safeguards

Agreement Code 3.1 cannot be modified nor suspended unilaterally and that the

Agency’s right to verify design information provided to it is a continuing right,

which is not dependent on the stage of construction of, or the presence of nuclear

material at, a facility,

Reiterating its determination to reinforce the authority of the IAEA, strongly

supporting the role of the IAEA Board of Governors, commending the IAEA for its

efforts to resolve outstanding issues relating to Iran’s nuclear programme in the

work plan between the Secretariat of the IAEA and Iran (GOV/2007/48,

Attachment), welcoming the progress in implementation of this work plan as

reflected in the IAEA Director General’s reports of 15 November 2007

(GOV/2007/58) and 22 February 2008 (GOV/2008/4), underlining the importance

of Iran producing tangible results rapidly and effectively by completing

implementation of this work plan including by providing answers to all the

questions the IAEA asks so that the Agency, through the implementation of the

required transparency measures, can assess the completeness and correctness of

Iran’s declaration,

Expressing the conviction that the suspension set out in paragraph 2 of

resolution 1737 (2006) as well as full, verified Iranian compliance with the

requirements set out by the IAEA Board of Governors would contribute to a

diplomatic, negotiated solution, that guarantees Iran’s nuclear programme is for

exclusively peaceful purposes,

Stressing that China, France, Germany, the Russian Federation, the United

Kingdom and the United States are willing to take further concrete measures on

exploring an overall strategy of resolving the Iranian nuclear issue through

negotiation on the basis of their June 2006 proposals (S/2006/521), and noting the

confirmation by these countries that once the confidence of the international

community in the exclusively peaceful nature of Iran’s nuclear programme is

restored, it will be treated in the same manner as that of any Non-Nuclear Weapon

State party to the Treaty on the Non-Proliferation of Nuclear Weapons,

Having regard to States’ rights and obligations relating to international trade,

Welcoming the guidance issued by the Financial Actions Task Force (FATF) to

assist States in implementing their financial obligations under resolution 1737

(2006),

Determined to give effect to its decisions by adopting appropriate measures to

persuade Iran to comply with resolution 1696 (2006), resolution 1737 (2006),

resolution 1747 (2007) and with the requirements of the IAEA, and also to constrain

Iran’s development of sensitive technologies in support of its nuclear and missile

programmes, until such time as the Security Council determines that the objectives

of these resolutions have been met,

Concerned by the proliferation risks presented by the Iranian nuclear

programme and, in this context, by Iran’s continuing failure to meet the

requirements of the IAEA Board of Governors and to comply with the provisions of

Security Council resolutions 1696 (2006), 1737 (2006) and 1747 (2007), mindful of

its primary responsibility under the Charter of the United Nations for the

maintenance of international peace and security,

Acting under Article 41 of Chapter VII of the Charter of the United Nations,

1. Reaffirms that Iran shall without further delay take the steps required by

the IAEA Board of Governors in its resolution GOV/2006/14, which are essential to

build confidence in the exclusively peaceful purpose of its nuclear programme and

to resolve outstanding questions, and, in this context, affirms its decision that Iran

shall without delay take the steps required in paragraph 2 of resolution 1737 (2006),

and underlines that the IAEA has sought confirmation that Iran will apply Code 3.1

modified;

2. Welcomes the agreement between Iran and the IAEA to resolve all

outstanding issues concerning Iran’s nuclear programme and progress made in this

regard as set out in the Director General’s report of 22 February 2008

(GOV/2008/4), encourages the IAEA to continue its work to clarify all outstanding

issues, stresses that this would help to re-establish international confidence in the

exclusively peaceful nature of Iran’s nuclear programme, and supports the IAEA in

strengthening its safeguards on Iran’s nuclear activities in accordance with the

Safeguards Agreement between Iran and the IAEA;

3. Calls upon all States to exercise vigilance and restraint regarding the

entry into or transit through their territories of individuals who are engaged in,

directly associated with or providing support for Iran’s proliferation sensitive

nuclear activities or for the development of nuclear weapon delivery systems, and

decides in this regard that all States shall notify the Committee established pursuant

to paragraph 18 of resolution 1737 (2006) (herein “the Committee”) of the entry

into or transit through their territories of the persons designated in the Annex to

resolution 1737 (2006), Annex I to resolution 1747 (2007) or Annex I to this

resolution, as well as of additional persons designated by the Security Council or the

Committee as being engaged in, directly associated with or providing support for

Iran’s proliferation sensitive nuclear activities or for the development of nuclear

weapon delivery systems, including through the involvement in procurement of the

prohibited items, goods, equipment, materials and technology specified by and

under the measures in paragraphs 3 and 4 of resolution 1737 (2006), except where

such entry or transit is for activities directly related to the items in subparagraphs

3 (b) (i) and (ii) of resolution 1737 (2006);

4. Underlines that nothing in paragraph 3 above requires a State to refuse

its own nationals entry into its territory, and that all States shall, in the

implementation of the above paragraph, take into account humanitarian

considerations, including religious obligations, as well as the necessity to meet the

objectives of this resolution, resolution 1737 (2006) and resolution 1747 (2007),

including where Article XV of the IAEA Statute is engaged;

5. Decides that all States shall take the necessary measures to prevent the

entry into or transit through their territories of individuals designated in Annex II to

this resolution as well as of additional persons designated by the Security Council or

the Committee as being engaged in, directly associated with or providing support

for Iran’s proliferation sensitive nuclear activities or for the development of nuclear

weapon delivery systems, including through the involvement in procurement of the

prohibited items, goods, equipment, materials and technology specified by and

under the measures in paragraphs 3 and 4 of resolution 1737 (2006), except where

such entry or transit is for activities directly related to the items in subparagraphs

3 (b) (i) and (ii) of resolution 1737 (2006) and provided that nothing in this

paragraph shall oblige a State to refuse its own nationals entry into its territory;

6. Decides that the measures imposed by paragraph 5 above shall not apply

where the Committee determines on a case-by-case basis that such travel is justified

on the grounds of humanitarian need, including religious obligations, or where the

Committee concludes that an exemption would otherwise further the objectives of

the present resolution;

7. Decides that the measures specified in paragraphs 12, 13, 14 and 15 of

resolution 1737 (2006) shall apply also to the persons and entities listed in Annexes I

and III to this resolution, and any persons or entities acting on their behalf or at their

direction, and to entities owned or controlled by them and to persons and entities

determined by the Council or the Committee to have assisted designated persons or

entities in evading sanctions of, or in violating the provisions of, this resolution,

resolution 1737 (2006) or resolution 1747 (2007);

8. Decides that all States shall take the necessary measures to prevent the

supply, sale or transfer directly or indirectly from their territories or by their

nationals or using their flag vessels or aircraft to, or for use in or benefit of, Iran,

and whether or not originating in their territories, of

(a) all items, materials, equipment, goods and technology set out in

INFCIRC/254/Rev.7/Part 2 of document S/2006/814, except the supply, sale or

transfer, in accordance with the requirements of paragraph 5 of resolution 1737

(2006), of items, materials, equipment, goods and technology set out in sections 1

and 2 of the Annex to that document, and sections 3 to 6 as notified in advance to

the Committee, only when for exclusive use in light water reactors, and where such

supply, sale or transfer is necessary for technical cooperation provided to Iran by the

IAEA or under its auspices as provided for in paragraph 16 of resolution 1737

(2006);

(b) all items, materials, equipment, goods and technology set out in 19.A.3

of Category II of document S/2006/815;

Calls upon all States to exercise vigilance in entering into new

commitments for public provided financial support for trade with Iran, including the

granting of export credits, guarantees or insurance, to their nationals or entities

involved in such trade, in order to avoid such financial support contributing to the

proliferation sensitive nuclear activities, or to the development of nuclear weapon

delivery systems, as referred to in resolution 1737 (2006);

Calls upon all States to exercise vigilance over the activities of financial

institutions in their territories with all banks domiciled in Iran, in particular with

Bank Melli and Bank Saderat, and their branches and subsidiaries abroad, in order

to avoid such activities contributing to the proliferation sensitive nuclear activities,

or to the development of nuclear weapon delivery systems, as referred to in

resolution 1737 (2006);

Calls upon all States, in accordance with their national legal authorities

and legislation and consistent with international law, in particular the law of the sea

and relevant international civil aviation agreements, to inspect the cargoes to and

from Iran, of aircraft and vessels, at their airports and seaports, owned or operated

by Iran Air Cargo and Islamic Republic of Iran Shipping Line, provided there are

reasonable grounds to believe that the aircraft or vessel is transporting goods

prohibited under this resolution or resolution 1737 (2006) or resolution 1747 (2007);

Requires all States, in cases when inspection mentioned in the paragraph

above is undertaken, to submit to the Security Council within five working days a

written report on the inspection containing, in particular, explanation of the grounds

for the inspection, as well as information on its time, place, circumstances, results

and other relevant details;

Calls upon all States to report to the Committee within 60 days of the

adoption of this resolution on the steps they have taken with a view to implementing

effectively paragraphs 3, 5, 7, 8, 9, 10 and 11 above;

Decides that the mandate of the Committee as set out in paragraph 18 of

resolution 1737 (2006) shall also apply to the measures imposed in resolution 1747

(2007) and this resolution;

Stresses the willingness of China, France, Germany, the Russian

Federation, the United Kingdom and the United States to further enhance diplomatic

efforts to promote resumption of dialogue, and consultations on the basis of their

offer to Iran, with a view to seeking a comprehensive, long-term and proper solution

of this issue which would allow for the development of all-round relations and

wider cooperation with Iran based on mutual respect and the establishment of

international confidence in the exclusively peaceful nature of Iran’s nuclear

programme, and inter alia, starting direct talks and negotiation with Iran as long as

Iran suspends all enrichment-related and reprocessing activities, including research

and development, as verified by the IAEA;

Encourages the European Union High Representative for the Common

Foreign and Security Policy to continue communication with Iran in support of

political and diplomatic efforts to find a negotiated solution including relevant

proposals by China, France, Germany, the Russian Federation, the United Kingdom

and the United States with a view to create necessary conditions for resuming talks;

Emphasizes the importance of all States, including Iran, taking the

necessary measures to ensure that no claim shall lie at the instance of the

Government of Iran, or of any person or entity in Iran, or of persons or entities

designated pursuant to resolution 1737 (2006) and related resolutions, or any person

claiming through or for the benefit of any such person or entity, in connection with

any contract or other transaction where its performance was prevented by reason of

the measures imposed by the present resolution, resolution 1737 (2006) or

resolution 1747 (2007);

Requests within 90 days a further report from the Director General of the

IAEA on whether Iran has established full and sustained suspension of all activities

mentioned in resolution 1737 (2006), as well as on the process of Iranian

compliance with all the steps required by the IAEA Board and with the other

provisions of resolution 1737 (2006), resolution 1747 (2007) and of this resolution,

to the IAEA Board of Governors and in parallel to the Security Council for its

consideration;

Reaffirms that it shall review Iran’s actions in light of the report referred

to in the paragraph above, and

(a) that it shall suspend the implementation of measures if and for so long as

Iran suspends all enrichment-related and reprocessing activities, including research

and development, as verified by the IAEA, to allow for negotiations in good faith in

order to reach an early and mutually acceptable outcome;

(b) that it shall terminate the measures specified in paragraphs 3, 4, 5, 6, 7

and 12 of resolution 1737 (2006), as well as in paragraphs 2, 4, 5, 6 and 7 of

resolution 1747 (2007), and in paragraphs 3, 5, 7, 8, 9, 10 and 11 above, as soon as

it determines, following receipt of the report referred to in the paragraph above, that

Iran has fully complied with its obligations under the relevant resolutions of the

Security Council and met the requirements of the IAEA Board of Governors, as

confirmed by the IAEA Board;

(c) that it shall, in the event that the report shows that Iran has not complied

with resolution 1696 (2006), resolution 1737 (2006), resolution 1747 (2007) and

this resolution, adopt further appropriate measures under Article 41 of Chapter VII

of the Charter of the United Nations to persuade Iran to comply with these

resolutions and the requirements of the IAEA, and underlines that further decisions

will be required should such additional measures be necessary;

Decides to remain seized of the matter.

Annex I

1. Amir Moayyed Alai (involved in managing the assembly and engineering of

centrifuges)

2. Mohammad Fedai Ashiani (involved in the production of ammonium uranyl

carbonate and management of the Natanz enrichment complex)

3. Abbas Rezaee Ashtiani (a senior official at the AEOI Office of Exploration and

Mining Affairs)

4. Haleh Bakhtiar (involved in the production of magnesium at a concentration of

99.9%)

5. Morteza Behzad (involved in making centrifuge components)

6. Dr. Mohammad Eslami (Head of Defence Industries Training and Research

Institute)

7. Seyyed Hussein Hosseini (AEOI official involved in the heavy water research

reactor project at Arak)

8. M. Javad Karimi Sabet (Head of Novin Energy Company, which is designated

under resolution 1747 (2007))

9. Hamid-Reza Mohajerani (involved in production management at the Uranium

Conversion Facility (UCF) at Esfahan)

10. Brigadier-General Mohammad Reza Naqdi (former Deputy Chief of Armed

Forces General Staff for Logistics and Industrial Research/Head of State Anti-

Smuggling Headquarters, engaged in efforts to get round the sanctions

imposed by resolutions 1737 (2006) and 1747 (2007))

11. Houshang Nobari (involved in the management of the Natanz enrichment

complex)

12. Abbas Rashidi (involved in enrichment work at Natanz)

13. Ghasem Soleymani (Director of Uranium Mining Operations at the Saghand

Uranium Mine)

Annex II

Individuals listed in resolution 1737 (2006)

1. Mohammad Qannadi, AEOI Vice President for Research & Development

2. Dawood Agha-Jani, Head of the PFEP (Natanz)

3. Behman Asgarpour, Operational Manager (Arak)

Individuals listed in resolution 1747 (2007)

1. Seyed Jaber Safdari (Manager of the Natanz Enrichment Facilities)

2. Amir Rahimi (Head of Esfahan Nuclear Fuel Research and Production Center,

which is part of the AEOI’s Nuclear Fuel Production and Procurement

Company, which is involved in enrichment-related activities)

Annex III

1. Abzar Boresh Kaveh Co. (BK Co.) (involved in the production of centrifuge

components)

2. Barzagani Tejarat Tavanmad Saccal companies (subsidiary of Saccal System

companies) (this company tried to purchase sensitive goods for an entity listed

in resolution 1737 (2006))

3. Electro Sanam Company (E. S. Co./E. X. Co.) (AIO front-company, involved

in the ballistic missile programme)

4. Ettehad Technical Group (AIO front-company, involved in the ballistic missile

programme)

5. Industrial Factories of Precision (IFP) Machinery (aka Instrumentation

Factories Plant) (used by AIO for some acquisition attempts)

6. Jabber Ibn Hayan (AEOI laboratory involved in fuel-cycle activities)

7. Joza Industrial Co. (AIO front-company, involved in the ballistic missile

programme)

8. Khorasan Metallurgy Industries (subsidiary of the Ammunition Industries

Group (AMIG) which depends on DIO. Involved in the production of

centrifuges components)

9. Niru Battery Manufacturing Company (subsidiary of the DIO. Its role is to

manufacture power units for the Iranian military including missile systems)

10. Pishgam (Pioneer) Energy Industries (has participated in construction of the

Uranium Conversion Facility at Esfahan)

11. Safety Equipment Procurement (SEP) (AIO front-company, involved in the

ballistic missile programme)

12. TAMAS Company (involved in enrichment-related activities. TAMAS is the

overarching body, under which four subsidiaries have been established,

including one for uranium extraction to concentration and another in charge of

uranium processing, enrichment and waste)

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