UNITED NATIONS SANCTIONS (IRAN) (FURTHER SANCTIONS) (2008) REGULATIONS *

UNITED NATIONS SANCTIONS

(IRAN) (FURTHER SANCTIONS) (2008)

SUBSIDIARY LEGISLATION 365.27

UNITED NATIONS SANCTIONS (IRAN)

(FURTHER SANCTIONS) (2008)

REGULATIONS *

25th April, 2008

LEGAL NOTICE 124 of 2008.

Repealed by Act XX.2020.5.

* but see Legal Notice 207 of 2016 - S.L. 365.74.

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,

SANZJONIJIET TAN-NAZZJONIJIET UNITI

(SANZJONIJIET ULTERJURI) (2008) FIR-RIGWARD TA’ L-IRAN

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);

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;

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;

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;

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);

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;

SANZJONIJIET TAN-NAZZJONIJIET UNITI

(SANZJONIJIET ULTERJURI) (2008) FIR-RIGWARD TA’ L-IRAN

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.

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

5. Morteza Behzad (involved in making centrifuge components)

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

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))

SANZJONIJIET TAN-NAZZJONIJIET UNITI

(SANZJONIJIET ULTERJURI) (2008) FIR-RIGWARD TA’ L-IRAN

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)