Article 2 · Council Regulation (EU) 2023/1529

Contents

Article 2 #

1.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to Iran’s capability to manufacture Unmanned Aerial Vehicles (UAVs) or missiles as listed in Annex II, whether or not originating in the Union, to any natural or legal person, entity or body in Iran or for use in Iran.The transit via the territory of Iran of the goods and technology, as referred to in the first subparagraph, exported from the Union, shall be prohibited.

2.It shall be prohibited:

(a)to provide technical assistance, brokering services or other services related to 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;

(b)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;

(c)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 which constitute 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.

3.By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements set out in Regulation (EU) 2021/821, where applicable, competent authorities may authorise the sale, supply, transfer, transit or export of the goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are necessary for:

(a)medical or pharmaceutical purposes; or

(b)humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters; or

(c)official purposes of diplomatic representations of the Union and Member States, including delegations, embassies and missions, in Iran.

4.Competent authorities may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraph 3 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.

5.Authorisations required pursuant to Regulation (EU) 2021/821 for the export of goods and technology referred to in paragraph 1 shall be granted separately by the relevant competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821. Such authorisations shall be valid throughout the Union.

6.Communications of authorisations granted under Regulation (EU) 2021/821 shall follow the applicable procedure through the relevant channels referred to in Article 23 (6) of that Regulation (the ‘DUES system’).

7.The prohibitions in paragraphs 1 and 2 of this Article shall not apply until 27 October 2023 to obligations arising from a contract concluded before 26 July 2023, or ancillary contracts necessary for the execution of such a contract.

Defined terms · 12

Show every defined term

brokering services
means:
claim
means any claim, whether asserted in legal proceedings or not, made before or after the date of entry into force of this Regulation, under, or in connection with, a contract or transaction, in particular:
competent authorities
refers to the competent authorities of the Member States as identified on the websites listed in Annex I;
contract
includes a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
contract or transaction
means any transaction in whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties;
economic resources
means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or service;
financing or financial assistance
means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance;
freezing of economic resources
means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
freezing of funds
means preventing any movement, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
funds
means financial assets and benefit of every kind, including, but not limited to:
technical assistance
means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, the transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
territory of the Union
means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.

Article 2#

Article 2 #