DOING BUSINESS WITH IRAN
GUIDELINES IN ACCORDANCE WITH THE EU SANCTIONS
REGIME
Federal Public Service (FPS) Foreign Affairs, Foreign Trade and Development
Cooperation, FPS Economy, FPS Finance, Brussels Capital Region, Flemish Region,
Walloon Region
Last updated on 28 July 2015
No rights can be derived from this publication
Iran Guide: Contents
Introduction and disclaimer
3
Chapter 1 – Definitions and abbreviations
5
Chapter 2 – List of current sanctions
7
Chapter 3 – Restrictions on exports
10
3.1 Prohibition on the export of military goods
10
3.2 Prohibition on the export of repression equipment
10
3.3 Prohibition on the export of telecommunications and Internet technology
10
3.4 Prohibition on the export of dual-use goods
10
3.5 Authorisation requirement for the export of dual-use goods
11
3.6 Prohibition on the export of oil, gas and petrochemical products
12
3.7 Prohibition on the export of precious metals and diamonds
12
3.8 Prohibition on the export of goods for ship building, maintenance or refit
13
3.9 Prohibition on the export of software for integrating industrial processes
13
3.10 Prohibition on the export of graphite and raw and semi-finished metals
13
3.11 Submitting a request or notification to the competent authorities
14
3.12 What can you expect?
15
3.13 Control of which goods?
15
3.14 Exception for foodstuffs, humanitarian purposes and medical equipment and healthcare 15
Chapter 4 – Restrictions on imports
18
4.1 Prohibition on the import of dual-use goods
18
4.2 Prohibition on the import of crude oil, petroleum products and natural gas
18
4.3 Prohibition on the import of petrochemical products
18
4.4 Prohibition on the import of precious metals and diamonds
19
Chapter 5 – Restrictions on investments
20
5.1 Prohibition on investments in companies that produce dual-use items
20
5.2 Authorisation requirement for investments in companies that produce dual-use items
20
5.3 Prohibition on investments in oil and gas and the petrochemical industry
20
Chapter 6 – Financial sanctions
22
6.1 Restrictions on financing of certain enterprises
22
6.2 Freezing of funds and economic resources
22
6.3 Restrictions on transfers of funds and on financial services
24
Chapter 7 – Restrictive measures concerning oil tankers and the shipping industry
29
7.1 Prohibition on the provision of certain services in relation to oil tankers and cargo vessels
29
7.2 Prohibition to make available vessels designed for the transport or storage of oil and
petrochemical products
29
Chapter 8 – Persons and entities in Iran subject to sanctions
30
8.1 Entities and persons listed in Annexes VIII and IX
30
8.2 Entities and persons NOT listed in Annexes VIII and IX (making available indirectly)
30
8.3 Exceptions and changes to lists
31
Chapter 9 – Effect of American sanctions
32
Chapter 10 – Visa applications
33
Chapter 11 – Frequently asked questions
34
Chapter 12 – Contact details and useful web links
36
Introduction and disclaimer
The aim of this guide is to clarify the sanctions regime that applies to Iran, in its current form, in
the framework of the nuclear issue. The interim nuclear agreement that entered into effect on
20/01/14 has lifted a small number of sanctions. The large majority of sanctions will remain in
place. Consequently, doing business with Iran continues to be subject to a long list of limitations.
In this guide, we will provide further information about some of these. The specific practical needs
of Belgian companies, wherever in the world they carry out their business transactions, and of
foreign companies in Belgium in relation to the sanctions on Iran were the point of departure for
this guide.
The sanctions have their origin in the concern of the international community about the Iranian
nuclear programme, concretely the concern about a possible military use. The United Nations, the
United States and the EU have all imposed sanctions. In addition to the introduction of sanctions, it
was also attempted to set up a dialogue between Iran and the E3+3 (the United Kingdom, France
and Germany + China, Russia and the US): the so-called two-track policy.
The Iran sanctions regime has become the most extensive EU sanctions regime to date. It
comprises measures on arms trade, the financial sector, the transport sector, the oil and gas
sector, the petrochemical industry, precious metals, and more specific measures to prevent trade
in goods and services which can be used in the Iranian nuclear and ballistic programme. Moreover,
a considerable number of entities and persons have been included in the sanctions list and their
assets have been frozen (e.g. the Central Bank of Iran). A visa ban has also been imposed on the
persons included in the list. The United States have set up a similar extensive sanctions regime,
which, like the EU sanctions regime, goes much further than what was decided on within the UN.
Companies must therefore take into account the possible consequences of the American sanctions,
especially if they use American parts, software or technology, or if they have business interests in
the US, because the US applies the principle of extraterritoriality. If a European company trades
with Iran and, in doing so, breaches the US sanctions regime, it also exposes itself to the US
sanctions.
The election of President Rohani in June 2013 gave a new impulse to the dialogue between Iran
and the E3+3, and in November 2013 the E3+3 and Iran reached an interim agreement on the
nuclear programme. The agreement contains action points to be carried out by the different
parties. For Iran, these include the halt of nuclear expansion and the reversal of certain results
obtained, such as the conversion of the 20% enriched uranium stockpiles to less dangerous forms.
The US and the EU have committed to not imposing any further sanction measures. They have also
lifted the sanctions applying to transport services and insurance in relation to the sale of Iranian
crude oil, as well as the sanctions linked to the Iranian export of petrochemical products. Measures
concerning the purchase and sale of gold and precious metals have also been lifted. The measures
relating to the safety of Iranian civil aviation have become more flexible. Furthermore, the US have
lifted sanctions in the automotive sector. Financial restrictions on legitimate trade have been
reduced, and a financial channel has been created to facilitate humanitarian trade. The mutual
implementation of the action points started on 20 January 2014.
On 14 July 2015, the E3+3 and Iran reached a global agreement on Iran's nuclear programme. The
agreement takes the form of an action plan, the Joint Comprehensive Plan of Action (JCPOA),
which includes 5 technical annexes.
Under the JCPOA, the sanctions regime against Iran should be lifted in 3 phases spread over 10
years. Movement to the next phase is fully dependant on Iran's implementation of the agreement,
meaning that the sanctions and other restrictive measures against Iran will not change in the short
term.
Sanctions existing since 2012 will remain in place until the first phase, as provided for in the
JCPOA, is complete, namely the IAEA's verification that Iran is complying with all the terms set out
in the agreement. This first phase could be reached in early 2016. It should be noted that the
suspension of certain sanction measures introduced during the negotiation period (as a result of
the interim agreement of November 2013) has been extended until 14/01/2016 and remains
applicable pending the implementation of the JCPOA of 14/07/2015.
However, the JCPOA also provides a snap back mechanism whereby the lifted sanctions are
automatically reinstated if, at some point, Iran fails to meet its obligations.
Below you will find a short non-exhaustive description of the 3 phases under the JCPOA:
•
•
•
Phase 1: Resolution 2231 of the United Nations Security Council, adopted on 20 July 2015,
endorses the action plan defined in the JCPOA and establishes the snap back mechanism.
Once the IAEA has verified that Iran has complied with the terms of the nuclear agreement,
the United Nations sanctions along with EU and US sanctions on the following sectors may be
lifted: finance (including banking and insurance activities); oil, gas and petrochemicals;
shipping, shipbuilding and other transport services; gold, other precious metals, banknotes
and coinage. At the same time, certain sanctions on individuals (visa bans and asset
freezing) could be lifted. It is generally thought that this first phase could be reached in early
2016.
Phase 2 (8 years after phase 1 - in principle 2023 or once the IAEA can conclude that Iran's
nuclear programme is totally peaceful): other EU and US sanctions are lifted, particularly
those that affect dual-use goods; the transport of goods and technologies covered by the EU
Common Military List; software; arms. At the same time, other sanctions on individuals (visa
bans and asset freezing) could be lifted.
Phase 3 (10 years after phase 1 - in principle 2025): lifting of all remaining sanctions.
Comprehensive information on the JCPOA can be found at:
http://eeas.europa.eu/top_stories/2015/150714_iran_nuclear_deal_en.htm.
It should be noted that certain sanctions regimes related to Iran but not to the nuclear programme
(such as EU sanctions for human rights violations or US sanctions related to terrorism) are not
affected by the JCPOA and will therefore continue to be applied. These sanctions are separate from
those imposed in response to the nuclear programme and target specific individuals and entities.
These specific sanctions are not covered in this guide.
We thank the Dutch Ministry of Foreign Affairs for the text on which this guide on the EU sanctions
regime against Iran is based. Concretely, the sanctions correspond to the following European
legislation:

Council Decision 2010/413/CFSP and Council Regulation (EU) No 267/2012, and subsequent
amendments, concerning restrictive measures in view of nuclear proliferation.

Council Decision 2011/235/CFSP and Council Regulation (EU) No 359/2011, and subsequent
amendments, concerning restrictive measures in view of the human rights situation;
The EU Regulations (and later amending Regulations) directly apply in Belgium.
The sanctions dealt with apply to all places, persons and transactions that are subject to European
Union legislation: EU territory, EU airspace, airplanes and ships of EU member countries, EU
citizens anywhere in the world, legal persons established and recognised under the laws of an EU
Member State, and business transactions conducted entirely or in part within the EU.
For additional information we refer you to the EU legislation. If you have further questions
concerning the application of the sanctions in Belgium, you can contact the competent authorities:
the Regions (Export Control), the FPS Finance (Treasury and Customs) and the FPS Foreign Affairs,
Foreign Trade and Development Cooperation (Sanctions Unit).
This guide has been compiled with care, but it is not necessarily complete, and no rights can be
derived from it.
Brussels, 28 July 2015
Chapter 1 – Definitions and abbreviations
All relevant definitions are listed in Article 1 of the Iran Regulation, to which you will find a link in
Chapter 12.
For the purposes of this guide, the most important definitions are1:
Dual-use items:
items, including software and technology, which can be used for both civil and military purposes,
including all goods which can be used for both non-explosive uses and assisting in any way in the
manufacture of nuclear weapons or other nuclear explosive devices.
Economic resources:
assets of every kind, whether tangible or intangible, movable or immovable, which are not funds,
but which may be used to obtain funds, goods or services.
Goods:
Goods, items, materials, equipment, hardware, technologies, software.
Transfer of funds:
(i) any transaction carried out on behalf of a payer through a payment service provider by
electronic means, with a view to making funds available to a payee at a payment service provider,
irrespective of whether the payer and the payee are the same person. The terms payer, payee and
payment service provider have the same meaning as in Directive 2007/64/EC of the European
Parliament and of the Council of 13 November 2007 on payment services in the internal market( 1);
(ii) any transaction by non-electronic means such as in cash, cheques or accountancy orders, with
a view to making funds available to a payee irrespective of whether the payer and the payee are
the same person.
Iranian person, entity or body:

the State of Iran or any public authority thereof;

any natural person in, or resident in, Iran;

any legal person, entity or body having its registered office in Iran;

any legal person, entity or body, inside or outside Iran, owned or controlled directly or
indirectly by one or more of the above mentioned persons or bodies.
Technical assistance:
any technical support related to repairs, development, manufacture, assembly, testing,
maintenance, or any other technical service, and which may take forms such as instruction, advice,
training, transmission of working knowledge or skills or consulting services; including verbal forms
of assistance.
Brokering services:
(i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and
technology or of financial and technical services, including from a third country to any other third
country, or
(ii) the selling or buying of goods and technology or of financial and technical services, including
where they are located in third countries for their transfer to another third country.
In addition, the following abbreviations or references will be used in this guide:
The Iran Council Decision:
Council Decision 2012/35/CFSP of 23 January 2012 (including subsequent amending Decisions).
The Iran Regulation:
Council Regulation (EU) No 267/2012 of 23 March 2012 on restrictive measures against Iran and
repealing Regulation (EC) No 961/2010 (including subsequent amending Regulations).
The Iran Human Rights Regulation:
Council Regulation (EU) 359/2011 of 12 April 2012 concerning restrictive measures directed
against certain persons, entities and bodies in view of the situation in Iran (including subsequent
amending Regulations).
The Dual-Use Regulation:
Regulation (EC) No 428/2009 of 5 May 2009 (including subsequent amending Regulations).
Article XX:
All Articles listed in this Iran guide refer to the Iran Regulation, unless otherwise stated.
Annex XX:
All Annexes listed in this Iran guide refer to the Annexes to the Iran Regulation, unless otherwise
stated.
End User Certificate (EUC)/ End User Statement (EUS):
An End User Statement is a document in which it is stated that the goods in question (mention
type and quantity) will be imported to the country in question for one’s own use or for use by
customer(s) located there (indicate name and address). The intended use also has to be
mentioned. The EU standard format for an EUC can be found on
http://trade.EC.europa.eu/doclib/docs/2009/june/tradoc_143395.en08.pdf.
FPS:
Federal Public Service
The interim agreement:
interim agreement signed by the United States, the United Kingdom, France, Germany, China,
Russia and Iran on 24 November 2013. In the joint statement on the interim agreement
concerning Iran’s nuclear programme (English) you can find more details. The interim agreement
has been included in the EU legislation in EU Regulation 42/2014.
Competent regional authorities:
regional services in charge of issuing export licences for military equipment and dual-use items,
namely

Strategic Goods Control Unit for the Flemish Region (postcodes 1500 to 3999 and 8000 to
9999):

Direction des Licences d’Armes for the Walloon Region (postcodes 1300 to 1499 and 4000 to
7999):

Brussels International for the Brussels Capital Region.
You can find the link to the contact details of the competent bodies in Chapter 12.
Chapter 2 – List of current sanctions

Restrictions on the (in)direct sale, supply, transfer or export to Iran of the goods and
technologies listed in the Annexes:
Annex
I
II
III
VI
VIA
VIB
VII
VIIA
VIIB

Restrictions on the purchase, import or transport from Iran of the goods and
technology listed in the Annexes:
Annex
I
II
IV
IVA
V
VII

prohibition under Art. 4
prohibition under Art. 4
prohibition under Art. 11.1, transition period for old contracts Art. 12, transport
prohibition lifted under Art. 11.3 for products listed in Annex XI
prohibition under Art. 14a.1, exception Art. 14a.2
prohibition under Art. 13.1, transition period for old contracts Art. 14, prohibition lifted
under Art. 13.3
prohibition under Art. 15.1(b), prohibition lifted under Art. 15.3 for products listed in
Annex XII
Restrictions on technical assistance and/or brokering with respect to the goods and
technology listed in the Annexes:
Annex
I
II
III
IV
VIIA
VI
VIA
VIB
VII
VIIA
VIIB

prohibition under Art. 2.1, exemption possible under Art. 6(d), Art. 6(e) or Art. 7
prohibition under Art. 2.1, exemption possible under Art. 7
authorisation required under Art.3.1
prohibition under Art. 8.1, old contracts exempt under Art. 10
prohibition under Art. 8.1, old contracts exempt under Art. 10
prohibition under Art. 10a.1, old contracts exempt under Art. 10c
prohibition under Art. 15.1(a), prohibition lifted under Art. 15.3 for products listed in
Annex XII
prohibition under Art. 10d.1, old contracts exempt under Art. 10f
prohibition under Art. 15a.1, old contracts exempt under Art. 15c
prohibition under Art. 5.1(b), exemption possible under Art. 7
prohibition under Art. 5.1(b), exemption possible under Art. 7
authorisation required under Art.5.2(a)
prohibition under Art. 11.1(d), transition period for old contracts Art. 12, prohibition
partially lifted under Art. 11.4 for products listed in Annex XI
prohibition under Art. 14a.1(e), exception Art. 14a(4)
prohibition under Art. 9(a), old contracts exempt under Art. 10
prohibition under Art. 9(a), old contracts exempt under Art. 10
prohibition under Art. 10b.1(a), old contracts exempt under Art. 10c
prohibition under Art. 15.1(c), prohibition lifted under Art. 15.3 for products listed in
Annex XII
prohibition under Art. 10e.1(a), old contracts exempt under Art. 10f
prohibition under Art. 15b.1(a)
Restrictions on financing and financial assistance (including grants, loans and export
credit insurance for the goods and technology listed in the Annexes):
Annex
I
II
III
IV
IVA
prohibition under Art.5.1(c), exemption possible under Art. 7
prohibition under Art.5.1(c), exemption possible under Art. 7
authorisation required under Art.5.2(b)
prohibition under Art. 11.1(d), transition period for old contracts Art. 12, prohibition
partially lifted under Art. 11.4 for products listed in Annex XI
prohibition under Art.14a.1(e), exception Art.14a.2
V
VI
VIA
VIB
VII
VIIA
VIIB

prohibition under Art. 13.2, transition period for old contracts Art. 14, prohibition lifted
under Art. 13.3
prohibition under Art. 9(b), old contracts exempt under Art. 10
prohibition under Art. 9(b), old contracts exempt under Art. 10
prohibition under Art. 10b.1(b), old contracts exempt under Art. 10c
prohibition under Art. 15.1(c), prohibition lifted under Art. 15.3 for products listed in
Annex XII
prohibition under Art. 10e.1(b), old contracts exempt under Art. 10f
prohibition under Art. 15a.1(b)
Restrictions on financial loans, credit, the acquisition or extension of a participation
and the creation of a joint venture with Iranian persons or entities engaged in any of
the following activities:
Annex
I
II
III
Oil
& gas
Petrochemical
industry
prohibition under Art. 17.2(a), exemption possible under Art. 19
prohibition under Art. 17.2(a), exemption possible under Art. 19
authorisation required under Art. 18.1
prohibition under Art. 17.2(b) when active in the exploration or production of crude
oil and natural gas, the refining of fuels or the liquefaction of natural gas, except old
contracts under Art. 20
prohibition under Art. 17.2(c) when active in the petrochemical industry, except old
contracts under Art. 21
Under Art. 22 exemptions/authorisations cannot be issued for goods when these are related to
uranium mining, uranium enrichment and reprocessing of uranium, or the manufacture of goods or
technology included in the Nuclear Suppliers Group or Missile Technology Control Regime lists.

Restrictions on cooperation with Iranian persons and entities:
Under Art. 17.4 it is prohibited to establish cooperation with an Iranian person, entity or body
engaged in the transmission of natural gas.

Restriction on making available funds and economic resources to persons and
entities listed in the Annexes:
 Annex VIII, prohibition under Art. 23.3;
 Annex IX, prohibition under Art. 23.3;
See Articles 24-30 for possibilities and conditions for the release or the making available of certain
frozen funds or economic resources.

Restrictions on transfers of funds and on financial services:
 In principle, transfers between European and Iranian financial institutions are prohibited under
Article 30.1. According to Article 30, paragraphs 2 to 4, transfers are allowed below certain
threshold values or under certain conditions or with certain authorisations. Transfers referred to
here are, for instance, those related to: foodstuffs, healthcare, medical equipment, agricultural or
humanitarian purposes, personal payments and trade which is not prohibited under the Iran
Regulation;
 For transfers between European and Iranian financial institutions, the following threshold
amounts apply (note that these are temporarily higher (factor 10) due to the interim agreement):
For foodstuffs, healthcare, medical equipment and agricultural and humanitarian purposes up to
EUR 1,000,000: no obligation to apply for an exemption, but a notification obligation from EUR
10,000 upwards. Above EUR 1,000,000: obligation to apply for an exemption;
For personal payments up to EUR 400,000: no obligation to apply for an exemption, but a
notification obligation from EUR 10,000 upwards. Above EUR 400,000: obligation to apply for an
exemption;
All other cases: obligation to apply for an exemption from EUR 100,000 upwards.
 For transfers without involvement of Iranian financial institutions, under Article 30a the following
threshold amounts apply (note that these are temporarily higher (factor 10) due to the interim
agreement):
For foodstuffs, healthcare, medical equipment and agricultural and humanitarian purposes: no
obligation to apply for an exemption, but a notification obligation from EUR 10,000 upwards;
All other cases: obligation to apply for an exemption from EUR 400,000 upwards and a notification
obligation from EUR 10,000 upwards;
 The authorisation and notification obligation applies to all forms of payment, such as electronic
transfer, cash payment, the use of cheques, exchange, etc. This also applies to transfers to
Belgium of payments received from Iran from accounts outside the EU.
 A prohibition for European credit and financial institutions to open a new bank account with a
credit or financial institution domiciled in Iran, to establish a new correspondent banking
relationship with a credit or financial institution domiciled in Iran, to open a new representative
office in Iran and to establish a new joint venture with a credit or financial institution domiciled in
Iran, in accordance with Art.33.
 A prohibition to sell or purchase public or public-guaranteed bonds to or from Iranian
Government bodies or financial institutions domiciled in Iran, in accordance with Art.34(a); This
prohibition also applies to brokering services and assistance with the aforementioned activities, in
accordance with Art.34(b) and Art.34(c).
 A prohibition to provide insurance or re-insurance to the Iranian Government, including its
corporations and agencies, or to persons acting on behalf of the aforementioned bodies, in
accordance with Art. 35.1. Exceptions are listed in Art. 35.2 and Art. 35.3.

Obligation to provide pre-arrival and pre-departure information on goods transported
to or from Iran
On all goods transported between Iran and the European Customs Union information has to be
provided to the competent customs authorities prior to arrival or departure on whether the goods
are included in one of the Annexes to the Iran Regulation or in the EU Common Military List.
See Art. 37, and Art. 38 for exceptions.

Restrictive measures concerning cargo ships and tankers
 A prohibition on the provision of certain services referring to oil tankers and cargo ships, such as
classification services, participating in the design, construction or repair of ships, etc. in accordance
with Art. 37a;
 A prohibition to make available vessels designed for the transport or storage of oil and
petrochemical products, in accordance with Art. 37b, lifted in accordance with Art. 37b, paragraph
3.
Chapter 3 – Restrictions on exports
This Chapter covers the measures relating to restrictions on exports.
3.1. Prohibition on the export of military goods
An arms embargo is in place against Iran. It is prohibited to sell, supply, transport or export,
directly or indirectly, the goods included in the EU Common Military List to natural or legal persons,
entities or bodies in Iran or intended for use in Iran. You can find a link to the EU Common Military
List in Chapter 12.
Under Articles 5.1(a) and 5.1(c) of the Iran Regulation it is also prohibited to provide technical or
financial assistance and brokering services in relation to these goods.
3.2. Prohibition on the export of repression equipment
Under Article 1a(a) of EU Regulation 359/2011, it is prohibited to sell, supply, transfer or export,
directly or indirectly, goods which may be used for (political) internal repression. These goods are
listed in Annex III to Regulation 359/2011.
Under Articles 1a(b) and 1a(c) of EU Regulation 359/2011, it is also prohibited to provide technical
or financial assistance and brokering services in relation to these goods.
Here, there are no possible exemptions.
3.3. Prohibition on the export of telecommunications and Internet technology
Under Article 1b of EU Regulation 359/2011, it is prohibited to sell, supply, transfer or export,
directly or indirectly, equipment and technology which may be used for the monitoring or
interception of internet or telephone communications. This equipment and technology is listed in
Annex IV to Regulation 359/2011.
Under Article 1c of EU Regulation 359/2011 it is also prohibited to provide technical and financial
assistance in relation to these goods.
Here, there are no possible exemptions.
3.4. Prohibition on the export of dual-use goods
Under Article 2.1 it is prohibited to sell, supply, transport or export, directly or indirectly, the goods
included in Annexes I and II to natural or legal persons, entities or bodies in Iran or intended for
use in Iran.
Annex I comprises a list of dual-use goods, as included in Annex I to the Dual-Use Regulation,
except the goods included in Annex I, part A, see Article 2, paragraph 2.
Annex II contains additional dual-use items for which a prohibition applies to Iran.
In addition, under Article 5.1 of the Iran Regulation, it is prohibited to provide technical and
financial assistance and brokering services in relation to these goods.
Article 6(d) and Article 6(e) stipulate that, until 15 April 2013, the goods included in Annex I, part
C, including related technical or financial assistance, are exempt from the prohibition of Article 2,
paragraph 1, if based on a contract entered into before 22 December 2013;
If you want to know whether your goods fall under Annex I or II of the Iran Regulation, and hence
are prohibited (with a limited possibility of exemption), we ask you to check the Annexes yourself
first.
Annexes I and II of the Iran Regulation are subdivided into ten categories:
Cat.
Cat.
Cat.
Cat.
Cat.
Cat.
Cat.
Cat.
Cat.
Cat.
0
1
2
3
4
5
6
7
8
9
Nuclear Materials, Facilities, and Equipment
Materials, chemicals, 'microorganisms' and 'toxins'
Materials Processing
Electronics
Computers
Telecommunications and ‘information security’ (exemptions)
Sensors and lasers
Navigation and Avionics
Marine
Aerospace and Propulsion
N.B.: Annex I refers to the goods listed in the Dual-Use Regulation, without reproducing this list
completely. Thus, for goods listed in Annex I to the Iran Regulation you can consult the list of
goods included in the annex to the Dual-Use Regulation.
The goods that are repeated in Annex I to the Iran Regulation are precisely the goods that are
exempt. The exempt goods belong to category 5 (see above).
It is the exporter’s responsibility to consult the Annexes to the different Regulations to check
whether the goods are listed in Annexes I or II and hence fall under these provisions. Should you
still have doubts after that, then you can contact the competent regional authorities.
According to Article 7 an exemption from the prohibitions described above is possible if the end use
of the goods or assistance is in the agricultural or medical sector, or has another humanitarian end
use.
You can submit a request for an exemption to the competent regional authorities.
Transit of goods
The transit of goods included in Annex I or II falls under the ‘indirect’ making available of goods. If
you are engaged in the transit of goods listed in Annex I or II, you have to notify this and apply for
an authorisation with the competent regional authorities.
IAEA/OPCW exception clause
Only in the following cases (see Article 6) no prohibition or authorisation requirement applies:

For the direct or indirect transfer of goods falling within Part B of Annex I, through the
territories of Member States when those goods are sold, supplied, transferred or exported to,
or for use in, Iran for a light water reactor in Iran the construction of which has begun before
December 2006;

For transactions mandated by the IAEA technical cooperation programme; or

For goods supplied or transferred to, or for use in, Iran due to obligations of State Parties
under the Chemical Weapons Convention (OPCW). This only applies if all those obligations
follow from the Chemical Weapons Convention.
3.5. Authorisation requirement for the export of dual-use goods
Article 3.1 states that an authorisation is required to sell, supply, transport or export, directly or
indirectly, the goods included in Annex III to natural or legal persons, entities or bodies in Iran or
intended for use in Iran.
The goods included in Annex III are dual-use items which specifically require an authorisation for
export to Iran.
In addition, Articles 5.2(a) and 5.2(b) of the Iran Regulation stipulate that an authorisation is
required for the provision of technical or financial assistance and the provision of brokering services
in relation to these goods.
It is the exporter’s responsibility to consult the Annexes to the different Regulations to check
whether the goods are listed in Annex III and hence fall under these provisions. Should you still
have doubts after that, then you can contact the competent regional authorities.
You also need to take into account the financial notification or authorisation that may be required
for the transaction (see Chapter 6).
You can submit a request for an authorisation to the competent regional authorities.
Authorisations must always be requested in the EU Member State where the exporter is
established, regardless of whether the goods, whether or not originating in the EU, are located in
another Member State. Authorisations are valid in the entire EU.
Transit of goods
If you are engaged in the transit of goods included in Annex III, the following applies:


If the goods come from outside the EU, have Iran as their final destination and pass through
Belgium in transit, you need prior authorisation for that transit.
If the goods come from another EU country and have Iran as their final destination, an
authorisation issued by the country where the exporter is established has to accompany the
goods when they pass through Belgium in transit. If this is not the case, you have to notify this
to the competent authorities and the responsible exporter.
3.6. Prohibition on the export of oil, gas and petrochemical products
Under Article 8 it is prohibited to sell, supply, transport or export, directly or indirectly, the goods
and technologies included in Annexes VI and VIA to persons, entities or bodies in Iran or intended
for use in Iran.
Annexes VI and VIA include key equipment and technology used in the following key sectors in
Iran:

the exploration of crude oil and natural gas;

the production of crude oil and natural gas;

the refining of fuels;

the liquefaction of natural gas;

the petrochemical industry.
The above prohibition also applies to related services, as listed in Article 9. It concerns the
following services when these are related to the goods and technologies listed in Annexes VI and
VIA:

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
It is the exporter’s responsibility to consult the Annexes to the different Regulations to check
whether the goods are listed in Annexes VI or VIA and hence fall under these provisions. Should
you still have doubts after that, then you can contact the regional authorities, who will consult your
case with the FPS Economy.
Exception clause for old contracts
The above prohibitions relating to goods listed in Annexes VI and VIA do not apply to transactions
under agreements as listed in Articles 12(1)(b) and 14(1)b.
However, for such transactions an exemption needs to be applied for with the regional authorities,
who will consult your case with the FPS Economy.
3.7. Prohibition on the export of precious metals and diamonds
Under Article 15.1(a) it is prohibited to sell, supply, transfer or export, directly or indirectly, gold,
precious metals and diamonds, as listed in Annex VII, whether or not originating in the Union, to
the Government of Iran, its public bodies, corporations and agencies, any person, entity or body
acting on their behalf or at their direction, or any entity or body owned or controlled by them.
Annex VII comprises a list of precious metals and diamonds.
The above prohibition also applies to related services, as mentioned in Article 15.1(c):

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
The above prohibitions have been lifted by the interim agreement, Article 15.3, for precious metals
(Annex XII to Regulation 267/2012). For diamonds the prohibitions remain in place.
You can submit a request for authorisation to the Licensing Office of the FPS Economy.
Authorisation for the export of diamonds is denied when it is intended for the Government of Iran,
its public bodies, corporations and agencies or any person, entity or body acting on their behalf or
at their direction, or any entity or body owned or controlled by them.
3.8. Prohibition on the export of goods for ship building, maintenance or refit
Under Article 10a.1 it is prohibited to sell, supply, transport or export, directly or indirectly, the
goods for ship building, maintenance or refit included in Annex VIB to persons, entities or bodies in
Iran or intended for use in Iran.
Annex VIB comprises a description of these goods.
The above prohibition also applies to related services, as mentioned in Article 10b.1.

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
You have to determine yourself whether your export corresponds to this description. In case of
doubt you can contact the regional authorities, who will consult your case with the FPS Economy.
Old contracts
Article 10c stipulates that, until 15 February 2013, the above prohibitions relating to goods listed in
Annex VIB shall not apply to transactions based on contracts or agreements entered into before 22
December 2012.
3.9. Prohibition on the export of software for integrating industrial processes
Under Article 10d.1 it is prohibited to sell, supply, transport or export, directly or indirectly,
software for integrating industrial processes as listed in Annex VIIA to persons, entities or bodies in
Iran or intended for use in Iran.
Annex VII comprises a description of software for integrating industrial processes.
The above prohibition also applies to related services, as mentioned in Article 10e.1:

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
You have to determine yourself whether your export corresponds to this description. In case of
doubt you can contact the regional authorities, who will, if necessary, consult your case with the
FPS Economy.
Old contracts
Article 10f stipulates that, until 15 January 2013, the above prohibitions relating to goods listed in
Annex VIIA shall not apply to transactions based on contracts or agreements entered into before
22 December 2012.
3.10. Prohibition on the export of graphite and raw and semi-finished metals
Under Article 15a.1 it is prohibited to sell, supply, transfer or export graphite and raw or semifinished metals as listed in Annex VIIB, directly or indirectly, to any Iranian person, entity or body
or for use in Iran.
Annex VIIB comprises a list of graphite and raw and semi-finished metals.
The above prohibition also applies to related services, as mentioned in Article 15b.1:

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
You have to determine yourself whether your export corresponds to this description. In case of
doubt you can contact the regional authorities, who will, if necessary, consult your case with the
FPS Economy.
Old contracts
Article 15c stipulates that, until 15 April 2013, the above prohibitions relating to goods listed in
Annex VIIB shall not apply to transactions based on contracts or agreements entered into before
22 December 2012.
3.11. Submitting a request or notification to the competent authorities
You also need to check whether you have to take into account any financial measures (see Chapter
6) for your transaction, and whether you are allowed to deliver to your customer (see Chapter 8).
First of all, you need to determine yourself whether your goods fall under Annexes I, II, III, IV,
IVA, V, VI, VIA, VIB, VII, VIIA or VIIB to the Iran Regulation, or under Annexes III or IV to the
Iran Human Rights Regulation. In the subsections described above it is explained in more detail,
among other things, what rules apply exactly for the different Annexes.
If you still have doubts as to whether your goods fall under the Annexes, then you can contact the
regional authorities. The regional authorities have been appointed as ‘front office’ for your
questions concerning the sanctions regulations for Iran. They will assist you with cataloguing your
export in accordance with the sanctions regulations and refer you to the competent federal
authority if the specifications of your request should require this.
You can also obtain a clearance letter from the regional authorities if your export goods are not
subject to the restrictions of the Iran Regulation, but have nevertheless been blocked after a
customs check during shipment.
If you wish to export goods listed in Annex III to the Iran Regulation to Iran, you have to apply for
an export licence with the regional authorities.
If the contract with your customers comprises several deliveries, you can apply for a clearance
letter for the whole contract. This also applies to export licences.
The Iran Regulation applies2:
1. within the territory of the Union, including its airspace;
2. on board any aircraft or any vessel under the jurisdiction of a Member State;
3. to any person inside or outside the territory of the Union who is a national of a Member State;
4. to any legal person, entity or body, inside or outside the territory of the Union, which is
incorporated or constituted under the law of a Member State;
5. to any legal person, entity or body in respect of any business done in whole or in part within
the Union.
A subsidiary company established outside the EU, under the laws of a country which is not an EU
Member State, is not bound by the measures contained in the Iran Regulation, except if the
activities are performed in the EU. However, you should take into account that if it turns out that a
subsidiary company does business with Iran following specific instructions from the parent
company which is established in the Union, the parent company is under the obligation to comply
with the sanctions on Iran.
EU passport holders are subject to the measures of the Iran Regulation, even when they are not on
EU territory. Belgian employees of your (parent) company abroad are also obliged to comply with
the sanctions measures that apply in Belgium.
Under Belgian criminal law, a criminal offence can be committed by natural or legal persons. Who
will finally be held responsible for a criminal offence will depend on the distribution of competences,
decision-making, management and control within a company. We refer to the law of 13 May 2003.
3.12. What can you expect?
The federal and regional authorities think it is important to provide you with advice and/or issue
clearance letters within a reasonable period of time. Simple requests, such as a request for a
clearance letter for goods which are clearly not subject to the restrictions of the sanctions
regulations, will be dealt with relatively quickly. The treatment of requests in which there is
uncertainty as to whether the end user is allowed to receive the goods or not, or requests where it
is unclear whether the goods are subject to a prohibition or authorisation, may take longer. When
other Member States have previously denied a comparable request, the processing of the request
will also take longer because Belgium has to contact that other country first.
To limit request processing times, it is very important that the information you provide is clear,
complete and legible. We emphasise your own responsibility in the application of the sanctions
regulations. Be sure to check the lists of goods and entities and other measures thoroughly before
engaging in exports to Iran.
What else do you need to take into account?
In addition to the exemption or authorisation for goods, each financial transaction above EUR
10,000 also has to be notified or authorised. The rules for this are explained in Chapter 6 of this
Guide.
3.13. Control of which goods?
There is not only control of the export of the goods listed in the Annexes. The competent regional
authorities may also – if there is a good reason – impose an ad hoc licence obligation for the export
of other goods by means of a catch-all clause.
The authorities can make use of this power derived from Article 4 of the Dual-Use Regulation
(Annex 1) to introduce a catch-all clause for goods that are not subject to a licence obligation if:

there are indications that the items in question are or may be intended for projects relating to
weapons of mass destruction or missiles capable of delivering such weapons (see Article 4.1 of
the Dual-Use Regulation);

these items may be used for a ‘military end-use’ in Iran (see Article 4.2 of the Dual-Use
Regulation);

the items in question are or may be intended for use as parts or components of military items
listed in the EU military list that have been exported without the required authorisation (see
Article 4, paragraph 3, of the Dual-Use Regulation).
If an exporter is aware that items which he proposes to export are intended, in their entirety or in
part, for any of the uses referred to above, he must notify the competent regional authorities of
this. The latter will decide on whether an authorisation will be required for the export in question.
As the introduction of a catch-all clause may go against the principle of legal certainty, authorities
must use their power to impose a licence obligation in individual cases with caution and reserve.
3.14. Exception for foodstuffs, humanitarian purposes and medical equipment and
healthcare
There are exceptions to the export restrictions for the following categories: foodstuffs,
humanitarian purposes and medical equipment and healthcare. Careful: the provisions relating to
listed persons and entities continue to apply. See Chapter 6.
What falls under ‘foodstuffs, … and humanitarian purposes’?
For transfers of funds that take place as a result of a transaction relating to foodstuffs or medical
equipment or for the provision of healthcare, or for humanitarian reasons, more flexible rules
apply, as described below under Chapter 6. The following items fall within these four categories in
any case:
1 – Foodstuffs:
H.2. meat and edible meat offal
H.3. fish and crustaceans, molluscs and other aquatic invertebrates
H.4. dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere
specified or included
H.5. products of animal origin, not elsewhere specified or included
H.7. edible vegetables and certain roots and tubers
H.8. edible fruit and nuts; peel of citrus fruit or lemons
H.9. coffee, tea, maté and spices
H.10. cereals
H.11. products of the milling industry; malt; starches; inulin; wheat gluten
H.12. oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal
plants; straw and fodder
H.13. lac; gums; resins and other vegetable saps and extracts
H.14. vegetable plaiting materials; vegetable productsnot elsewhere specified or included
H.15. animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or
vegetable waxes
H.16. preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
H.17. sugars and sugar confectionery
H.18. cocoa and cocoa preparations
H.19. preparations of cereals, flour, starch or milk; pastrycooks’ products
H.20. preparations of vegetables, fruit, nuts or other parts of plants
H.21. miscellaneous edible preparations
H.22. beverages, spirits and vinegar
H.23. residues and waste from the food industries; prepared animal fodder
2 – Medical Equipment:
Medical equipment referred to in sections 90.18 through 90.22 of the Customs Tariff, with the
exception of the strategic goods included in these sections.
The aforementioned sections comprise the following items:
Post 9018: Instruments and appliances used in medical, surgical, dental or veterinary sciences,
including scintigraphic apparatus, other electromedical apparatus and sight-testing instruments
Post 9019: mechano-therapy appliances; massage apparatus; psychological aptitude-testing
apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other
therapeutic respiration apparatus
Post 9020: other breathing appliances and gas masks, excluding protective masks having neither
mechanical parts nor replaceable filters
Post 9021: orthopaedic appliances, including crutches, surgical belts and trusses; splints and other
fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn
or carried, or implanted in the body, to compensate for a defect or disability
Post 9022: apparatus based on the use of X-rays or of alpha, beta or gamma radiation, whether or
not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy
apparatus, X-ray tubes and other X-ray generators, high tension generators, control panels and
desks, screens, examination or treatment tables, chairs and the like
3 – Healthcare Delivery:
For this category, it is complicated to indicate clearly which items and services are included in it.
What is important is the destination of the goods (e.g. a hospital), and/or the nature of the goods
(e.g. medicines) and/or the services (e.g. nursing). Pure trade in these products does not fall
within this category; it has to be a transaction related to healthcare.
Transactions may fall within this category when the transfer of funds refers to e.g. the supply of
goods listed in Chapter 30 of the Customs Tariff:
Post 3001: glands and other organs for organo-therapeutic uses, dried, whether or not powdered;
extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and
its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not
elsewhere specified or included
Post 3002: human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses;
antisera, other blood fractions and immunological products, whether or not modified or obtained by
means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding
yeasts) and similar products
Post 3003: medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or
more constituents which have been mixed together for therapeutic or prophylactic uses, not put up
in measured doses or in forms or packings for retail sale
Post 3004: medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or
unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those
in the form of transdermal administration systems) or in forms or packings for retail sale
Post 3005: wadding, gauze, bandages and similar articles (for example, dressings, adhesive
plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or
packings for retail sale for medical, surgical, dental or veterinary purposes
Post 3006: pharmaceutical goods specified iin note 4 to this chapter: sterile surgical catgut, similar
sterile suture materials (including sterile absorbable surgical or dental yarns) and sterile tissue
adhesives for surgical wound closure; sterile laminaria and sterile laminaria tents; sterile
absorbable surgical or dental haemostatics; sterile surgical or dental adhesion barriers, whether or
not absorbable
-blood-grouping reagents
-opacifying preparations for X-ray examinations; diagnostic reagents designed to be administered
to the patient
-dental
cements
and
other
dental
fillings;
bone
reconstruction
cements
-first-aid boxes and kits
-chemical contraceptive preparations based on hormones, on other products of heading 2937 or on
spermicides
-gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of
the body for surgical operations or physical examinations or as a coupling agent between the body
and medical instruments
-other:
--appliances identifiable for ostomy use
--waste pharmaceuticals
4 – Humanitarian purposes:
The humanitarian purpose is key (see below). The party providing the humanitarian aid can be an
indication. For instance: humanitarian aid provided by the Government, international organisations
or charities that are recognised in Belgium. All goods and services provided by these organisations
in the context of humanitarian aid fall under the exemption, except the items listed in one of the
Annexes to the Iran Regulation.
The purposes of humanitarian aid are:
1) To save lives, to provide relief to people who are suffering, and to protect human dignity after
natural disasters and crises, and help prepare for such situations;
2) To provide help based on the humanitarian principles of humanity, impartiality, independence
and neutrality.
This is always help that is independent of who receives it; neutrality is an important principle.
If you are not sure whether your items fall within one of the first three categories, you can contact
Customs; regarding humanitarian purposes you can contact Foreign Affairs.
Chapter 4 – Restrictions on imports
This Chapter will look at the measures relating to restrictions on imports.
4.1. Prohibition on the import of dual-use goods
Under Article 4 it is prohibited to purchase, import or transport the goods listed in Annexes I and II
from Iran. Here, there are no possible exemptions.
4.2. Prohibition on the import of crude oil, petroleum products and natural gas
Prohibition on the import of crude oil
Under Article 11.1 it is prohibited to import crude oil and petroleum products, as listed in Annex IV,
if they originate in Iran or have been exported from Iran. It is also prohibited to transport and
purchase crude oil and petroleum products.
Annex IV comprises a list of crude oil and petroleum products.
The above prohibition also applies to related financial services, such as the provision, directly or
indirectly, of financing or financial assistance related to the import, purchase or transport of crude
oil and petroleum products of Iranian origin or that have been imported from Iran, as referred to in
Article 11.1(d).
Transition period
Until 1 July 2012, the above prohibitions relating to goods listed in Annex IV do not apply to
transactions based on contracts or agreements entered into before 23 January 2012. Any
additional contracts that are necessary to perform the aforementioned contracts are also exempt
until 1 July 2012.
Suspension
The prohibitions on the transport and insurance of crude oil, as defined in Annex XI to Regulation
267/2013, have been suspended under Article 11.3 and Article 11.4. All other prohibitions, such as
transport and insurance of petroleum products and all prohibitions on imports of crude oil and
petroleum products, remain in place.
Prohibition on the import of natural gas
Under Article 14a it is prohibited to import natural gas, as listed in Annex IVA, if it originates in
Iran or has been exported from Iran. It is also prohibited to purchase, transport and exchange
Iranian natural gas.
Annex IVA comprises a list of natural gas products.
The above prohibition also applies to related financial services, such as the provision, directly or
indirectly, of financing or financial assistance related to the import, purchase or transport of natural
gas of Iranian origin or that has been imported from Iran, as referred to in Article 14a.1(c).
4.3. Prohibition on the import of petrochemical products
Under Article 13.1 it is prohibited to import petrochemical products, as listed in Annex V, if they
originate in Iran or have been exported from Iran. It is also prohibited to transport and purchase
petrochemical products.
Annex V comprises a list of petrochemical products.
The above prohibition also applies to related financial services, such as the provision, directly or
indirectly, of financing or financial assistance related to the import, purchase or transport of crude
oil and petroleum products of Iranian origin or that have been imported from Iran, as referred to in
Article 13.1(d).
Transition period
Until 1 May 2012, the above prohibitions relating to goods listed in Annex V do not apply to
transactions based on contracts or agreements entered into before 23 January 2012. Any
additional contracts that are necessary to perform the aforementioned contracts are also exempt
until 1 May 2012.
However, such transactions do have to be notified. The natural or legal person, entity or body
seeking to engage in such financial or goods transactions, the provision of assistance or other
possible obligations, must notify that transaction or assistance, at least 20 working days in
advance, to the competent regional authorities, who will pass the notification to the FPS Economy.
Suspension
The prohibitions relating to petrochemical products are suspended under Article 13.3.
4.4. Prohibition on the import of precious metals and diamonds
Under Article 15.1(b) it is prohibited to purchase, transfer or import, directly or indirectly, precious
metals and diamonds, as listed in Annex VII, from Iran if they come from the Government of Iran,
its public bodies, corporations and agencies, or any person, entity or body acting on their behalf or
at their direction, or any entity or body owned or controlled by them.
Annex VII comprises a list of precious metals and diamonds.
The above prohibition also applies to related services, as mentioned in Article 15.1(c).

the direct or indirect provision of technical assistance or brokering services;

the direct or indirect provision of funding or financial assistance.
Suspension
Under Article 15.3 the above prohibitions are suspended for precious metals, as listed in Annex XII
to Regulation 267/2013. For diamonds, the prohibitions remain in place.
You can submit a request for authorisation to the Licensing Office of the FPS Economy.
Authorisations for the import of diamonds are denied when they come from the Government of
Iran, its public bodies, corporations and agencies or any person, entity or body acting on their
behalf or at their direction, or any entity or body owned or controlled by them.
Chapter 5 – Restrictions on investments
This Chapter will look at the measures relating to restrictions on investments.
5.1.
Prohibition on investments in companies that produce dual-use items
Under Article 17.2(a) it is prohibited to finance Iranian companies engaged in the manufacture of
goods or technology listed in the EU Common Military List or in Annexes I or II.
According to the Iran Regulation, investment is defined as follows:

a financial loan or credit;

the acquisition or extension of a participation in an enterprise;

the creation of a joint venture.
Article 19.1 provides for the possibility of an exemption from the aforementioned prohibition if:

the investment is for food, agricultural, medical or other humanitarian purposes;

the transaction would clearly not contribute to the development of technologies in support of
Iran's proliferation-sensitive nuclear activities, or to the development of nuclear weapon
development delivery systems.
When a European Member State grants an exemption based on Article 19, it must inform the
Commission about the exemption granted within 4 weeks.
5.2.
Authorisation requirement for investments in companies that produce dual-use
items
Under Article 18.1 an authorisation is required to invest in Iranian companies engaged in the
manufacture of goods or technology listed in Annex III.
According to the Iran Regulation, investment is defined as follows:

a financial loan or credit;

the acquisition or extension of a participation in an enterprise;

the creation of a joint venture.
Article 18.2 stipulates that the competent authorities shall not grant any authorisation if they have
reasonable grounds to determine that the action would contribute to:

Iran's enrichment-related, reprocessing or heavy water-related activities;

the development of nuclear weapon delivery systems by Iran;

the pursuit by Iran of activities related to other topics about which the IAEA has expressed
concerns or has identified as outstanding.
5.3.
Prohibition on investments in oil and gas and the petrochemical industry
Under Article 17.2(b) and Article 17.2(c) it is prohibited to invest in Iranian companies engaged in
one or several of the following sectors:

the exploration of crude oil and natural gas;

the production of crude oil and natural gas;

the refining of fuels;

the liquefaction of natural gas;

the petrochemical industry.
According to the Iran Regulation, investment is defined as follows:

a financial loan or credit;

the acquisition or extension of a participation in an enterprise;

the creation of a joint venture.
Old contracts
According to Article 20, the aforementioned prohibitions in relation to investments in the Iranian
sector of the exploration or production of crude oil and natural gas, the refining of fuels or the
liquefaction of natural gas do not apply if the transaction is required by an agreement or contract
entered into before 26 July 2010. This exception does not apply to the creation of joint ventures:
the prohibition on the creation of joint ventures remains fully applicable.
According to Article 21, the aforementioned prohibitions in relation to investments in the Iranian
petrochemical sector do not apply if the transaction is required by an agreement or contract
entered into before 23 January 2012. This exception does not apply to the creation of joint
ventures: the prohibition on the creation of joint ventures remains fully applicable.
Furthermore, the agreement or contract in question must be notified at least 20 days before the
transaction to the FPS Finance and Treasury.
In the following cases investments are never permitted; no exemption is possible (see Article 22).
It concerns cooperation with Iranian persons, entities or bodies, in or in relation to an enterprise
engaged in any of the following activities:

uranium mining,

uranium enrichment and reprocessing of uranium;

the manufacture of goods or technology included in the Nuclear Suppliers Group (NSG:
www.nsg.com) or Missile Technology Control Regime (MTCR: www.mtcr.info) lists.
Under Article 17.4 it is also prohibited to establish cooperation with an Iranian person, entity or
body engaged in the transmission of natural gas, which includes bulk gas transmission services for
the purpose of transit or delivery to directly interconnected grids.
In this context, ‘cooperation’ means:

the sharing of investment costs in an integrated or managed supply chain for the receipt or
delivery of natural gas directly from or to the territory of Iran;

direct cooperation for the purpose of investing in liquefied natural gas facilities within the
territory of Iran or in liquefied natural gas facilities directly connected thereto.
Relevant definitions are:

‘exploration of crude oil and natural gas’: includes the exploration for, prospection of and
management of crude oil and natural gas reserves, as well as the provision of geological
services in relation to such reserves;

‘production of crude oil and natural gas’; includes bulk gas transmission services for the
purpose of transit or delivery to directly interconnected grids;

‘refining’: the processing, conditioning or preparation for the ultimately final sale of fuels;

‘petrochemical industry’: production plants for the manufacturing of items in Annex V.
Chapter 6 - Financial sanctions
The financial sanctions against Iran can be subdivided into 3 different categories of restrictions:

Restrictions on financing of certain enterprises;

Freezing of funds and economic resources;

Restrictions on transfers of funds and on financial services.
The first two categories are specific sanctions, the third is a general financial sanction that applies
to all Iranian persons and entities.
6.1. Restrictions on financing of certain enterprises
Article 17 comprises a prohibition of financing of Iranian persons, entities or bodies engaged in the
manufacture of goods or technology listed in the EU Common Military List or in Annex I or II to the
Regulation, the exploration or production of crude oil and natural gas and related activities, and the
petrochemical industry.
As a result, such persons, entities or bodies may not be granted any financing in the form of:
• a financial loan or credit;
• the acquisition or extension of a participation in an enterprise;
• the creation of a joint venture.
6.2. Freezing of funds and economic resources
A) Principle
When a person, entity or body is listed in Annexes VIII and IX to Regulation (EU) no 267/2012, all
funds and economic resources belonging to, owned, held or controlled by them will, in principle, be
frozen, in accordance with Article 23 to this Regulation. A consequence of the freezing of these
funds and economic resources is that no funds or economic resources may be made available,
directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in
the Annexes either. Finally, Article 23 introduces the prohibition to supply specialised financial
messaging services, which are used to exchange financial data, to the natural or legal persons,
entities or bodies listed.
B) Exceptions
There are various exceptions to the rule that all funds and economic resources have to be frozen.
These exceptions refer to the cases in which the competent authorities may grant an authorisation.
This implies that there is no automatic right to an authorisation when one is in one of the following
situations. The competent authority may deny the authorisation, providing reasons. Therefore, one
will first need to apply for an authorisation before the payment can be made. The following
exceptions are possible:
1. Exceptions in case of payment by a listed person or entity:
- When the funds or economic resources in question are the subject of a judicial, administrative or
arbitral lien established prior to the date on which the person or entity listed in Annex VIII or IX, or
under the following conditions (Art. 24.1):
 The funds or economic resources will be used exclusively to satisfy claims secured by such
a lien or recognised as valid in such a judgment;
 This does not apply to liens or judgements for the benefit of the listed person. In other
words, the payment must be made by the listed person;
 Recognising the lien or judgment is not contrary to public policy in the Member State
concerned.
- When the contract or agreement had already been entered into before the date on which the
person or entity was included in the list by the UN Security Council or the Council of the European
Union, under the following conditions:
 that the payment will be made by a listed person or entity;
 that the payment will not contribute to an activity prohibited under the Regulation;

that no funds or economic resources are made available to the listed persons or entities.
(Art. 25)
- When the funds and economic resources are necessary to satisfy the basic needs of persons
listed and their dependent family members. (Art. 26.1(a)(i))
- When the funds and economic resources are intended exclusively for payment of reasonable
professional fees and reimbursement of incurred expenses associated with the provision of legal
services. (Art. 26.1(a)(ii))
- When the funds and economic resources are intended exclusively for the payment of fees or
service charges for routine holding or maintenance of frozen funds or economic resources. (Art.
26.1(a)(iii))
- When the funds and economic resources are intended exclusively for the payment of fees due in
connection with the de-flagging of vessels. (Art. 26.1(a)(iv))
- When the funds or economic resources are necessary for extraordinary expenses or for payment
for or transfer of goods when procured for a light water reactor in Iran the construction of which
has begun before December 2006, or for any goods for the purposes transactions mandated by the
IAEA technical cooperation programme, or for goods supplied or transferred to, or for use in, Iran
due to obligations of State Parties under the Paris Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction of 13
January 1993. (Art. 26.2)
- When it has been determined that funds and economic resources are necessary for the official
purposes of diplomatic or consular missions or international organisations enjoying immunities in
accordance with international law. (Art. 27)
- Frozen funds or economic resources of the Central Bank of Iran may be released in the following
cases (Art. 28):
 if they are necessary for the purpose of providing credit or financial institutions with
liquidity for the financing of trade, or the servicing of trade loans;
 if they are necessary for the reimbursement of a claim due under a contract or agreement
concluded by an Iranian person, entity or body before 16 October 2012 where such a
contract or agreement provides for the reimbursement of outstanding amounts to
persons, entities or bodies under the jurisdiction of Member States.
2. Exceptions in case of payment of funds or economic resources to the listed person or entity:
- The crediting of frozen accounts by financial or credit institutions where they receive funds
transferred onto the account of a listed person or entity, provided that any additions to such
accounts shall also be frozen. (Art. 29.1)
- The addition to frozen accounts of interest or other earnings on those accounts, provided that
any such interest or other earnings and payments are frozen as well. (Art. 29.2(a)) No permission
needs to be obtained for this from the authorities.
- The addition to frozen accounts of payments due under contracts, agreements or obligations that
were concluded or arose before the date on which the person or entity has been designated by the
UN Security Council or the Council of the European Union, provided that any such interest or other
earnings and payments are frozen as well. (Art. 29.2(b))
- When it has been determined that the funds or economic resources are necessary for the official
purposes of diplomatic or consular missions or international organisations enjoying immunities in
accordance with international law. (Art. 27)
3. The following exceptions are only possible for entities listed in Annex IX:
- Acts and transactions carried out with regard to entities which hold rights derived from an
original award before 27 October 2010, by a sovereign Government other than Iran, of a
production sharing agreement to sell, supply, transfer or export key equipment or technology
(listed in Annexes VI and VIA) relating to natural gas, crude oil or the petrochemical industry (Art.
28a(a));
- For crude oil and oil products, until 31 December 2014, the performance of contracts entered
into before 23 January 2012 (including additional contracts) may be authorised if the delivery of
crude oil and oil products or the proceeds from such a transaction will be used for the
reimbursement of outstanding amounts to persons, entities or bodies under the jurisdiction of
Member States (Art. 28a(b)).
6.3. Restrictions on transfers of funds and on financial services
A) Transfers of funds
Transfers of funds include both transactions carried out on behalf of a payer through a payment
service provider by electronic means, with a view to making funds available at a payment service
provider, and transactions by non-electronic means such as in cash, cheques or accountancy
orders, with a view to making funds available to a payee.
In case of a transfer of funds from or to an Iranian person, body or entity, a distinction must be
made between cases where an Iranian financial institution and a European financial or credit
institution are involved, and cases where this is not the case.
The amounts mentioned below are always calculated for the entire transaction. When several
transactions take place between the same persons or entities, which appear to be linked, the total
amount of all these transactions must be considered to determine whether or not an authorisation
or a notification are required.
1. With involvement of an Iranian and a European financial institution
In this case, Article 30 of Regulation (EU) no 267/2012 applies. In principle, transfers between
European and Iranian financial institutions are prohibited under this article. However, the article
immediately adds a series of exceptions:
- All transfers below EUR 10,000 are permitted without a request for authorisation or a notification
being required.
- Transfers of amounts greater than EUR 10,000 may be permitted by the competent authority (in
this case the Treasury administration), but prior authorisation is required for this. There are 2
exceptions to this rule:
a. For transfers between EUR 10,000 and EUR 400,000 referring to personal payments it is not
required to apply for an authorisation, but the transaction does have to be notified to the
competent authority in advance. For amounts from EUR 400,000 upwards, obviously an
authorisation does have to be applied for.
b. For transfers between EUR 10,000 and EUR 1,000,000 referring to foodstuffs, healthcare,
medical equipment or for agricultural or humanitarian purposes it is not required to apply for an
authorisation either. Here as well, prior notification suffices. For amounts from EUR 1,000,000
upwards, obviously an authorisation does have to be applied for.
2. Without involvement of an Iranian and a European financial institution
For transfers to or from an Iranian person, entity or body, and without the involvement of an
Iranian or European financial institution, Article 30a of Regulation (EU) no 267/2012 applies. This
article lists the cases in which an authorisation has to be requested, a notification has to be made
or an exemption from these requirements applies.
In the following cases only a notification to the competent authority of the Member State is
required:
- All transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for
agricultural or humanitarian purposes for an amount higher than (or equal to) EUR 10,000.
- All transfers for an amount higher than EUR 10,000 and lower than EUR 400,000.
In the following case an authorisation has to be requested:
All transfers which do not fall within the categories above for an amount higher than EUR 400,000.
B) Financial services
Financial and credit institutions are not allowed to develop new relationships with the financial or
credit market in Iran. They are not allowed to open a new representative office in Iran or to
establish a new branch or subsidiary in Iran. It is also prohibited to perform any of the following
acts at or with a credit or financial institution domiciled in Iran (Art. 33.1):
• Open a new bank account;
• Establish a new correspondent banking relationship;
• Establish a new joint venture.
Conversely, Iranian credit or financial institutions are not allowed to open a representative office or
establish a branch or subsidiary in the Union or acquire or extend a participation (Art. 33.2).
The trade in public bonds and the provision of insurance to Iranian persons or entities is subject to
restrictions (Art. 34 and Art. 35).
Procedure
Stage 1. Who files the request?
Any interested party may request an authorisation to access frozen funds or economic resources.
Traditionally, the European financial or credit institution has filed the request. Obviously, it can only
do so when it knows about the involvement of a person, entity or country subject to the
Regulation. It is also possible, of course, that no European financial or credit institution is involved.
In this case, the EU citizen, EU legal person or other economic actor doing business in the EU, has
to file the request. When the financial or credit institution could not possibly know about the
involvement of a person, entity or country subject to the Regulation, obviously the EU citizen, EU
legal person or other economic actor doing business in the EU is also responsible for filing the
request.
This must be done with the general Treasury administration. Requests can be submitted by e-mail
to quesfinvragen.tf@minfin.fed.be or by fax to +32(0)257/95.838.
Stage 2. What is the process for making the request?
When an interested party files a request for authorisation or confirmation of a notification, this
request has to comprise the following data:
• The identity of the payer;
• The identity of the payee;
• Amount and currency for which release is requested;
• Date of the contract, agreement or obligation according to which the payment is owed;
• Nature of the goods;
• Data of banks involved;
• The necessary proof to enable the administration to carry out a verification (e.g. a copy of the
invoice or pro forma invoice);
• The data of the contact person who can provide additional information if necessary.
Requests subject to Article 30a of this Regulation have to be processed within 4 weeks. If they are
not processed within this period, they will be deemed to have been authorised by the authorities.
Stage 3. How are requests processed?
When a request for authorisation or a notification are received at the general Treasury
administration, it is first checked which Regulations may apply. The country of one of the parties to
the contract may be subject to a Regulation, but it is also possible that a person or entity is subject
on the grounds of terrorism. One request may fall within the scope of several Regulations.
A
list
of
current
EU
Regulations
can
be
http://eeas.europa.eu/cfsp/sanctions/index_en.htm.
found
on
the
following
website:
The list of persons and entities subject to UN sanctions can be found on the following website:
http://www.un.org/sc/committees/list_compend.shtml.
After that, it is verified whether the person or entity is listed in one of the Annexes to the
Regulations or in the UN lists. On the following website it can be checked whether or not a person
or entity is listed in a Regulation with a view to the application of financial sanctions:
http://EC.europa.eu/external_relations/cfsp/sanctions/list/version4/global/e_ctlview.html. For the
sake of safety, it is best that this is double-checked in the Annexes to the Regulation(s) that may
apply.
§1. The person or entity is listed
When a person or entity is listed in one of the Annexes to a Regulation, in principle, their funds and
economic resources have to be frozen. It then has to be checked whether any of the exceptions
provided for in the Regulation apply. To this end, the proof included with the request by the
requester is studied, and additional information is requested if necessary. It also needs to be
verified whether any other articles of the Regulation apply. For instance, it is possible that the case
refers to an extension of a bank guarantee, and that there is a separate article that specifically
refers to this. Obviously, when such an article prohibits the extension of a bank guarantee, no
authorisation can be granted.
1) An exception applies
When an exception applies and all conditions for that exception are met, an authorisation may be
granted based on the article in which the exception is defined. A condition for this is that there is
no impediment based on another article in the Regulation. When several Regulations apply, the
authorisation can only be granted when the exception applies based on all these Regulations. When
one Regulation provides for an exception and another Regulation does not, the funds or economic
resources have to be frozen. For some authorisations, the general Treasury administration first has
to inform other Member States and the Commission of its intention to grant the authorisation
before the authorisation may actually be granted. This authorisation has to mention the article
comprising the applicable exception and include a reference to the reasons why this article applies.
Finally, it has to mention that the intended transaction can be authorised. The requester is notified
of this by letter. Usually, a copy of the letter is also sent by e-mail.
2) No exception applies
If no exception applies, or not all conditions are met, the general article regarding the freezing of
funds and economic resources continues to apply. In this case, a decision will be issued to deny
authorisation, providing reasons and indicating clearly that the article regarding the freezing of
funds and economic resources applies in that specific case. The requester is notified of this by
letter. Usually, a copy of the letter is also sent by e-mail.
In this decision it will also be mentioned that there is a possibility of appeal. This is important in
order for the period for appeal to commence. As long as the requester has not been informed of his
possibilities of appeal, the period for appeal does not commence. The following provision has to be
included in the decision:
‘On the grounds of either a substantial breach, or a breach of the forms prescribed under penalty of
nullity, abuse or misuse of power, an appeal for annulment may be submitted against this decision
to the Council of State, Wetenschapsstraat 33, B-1040 Brussels, by means of a written request
signed by the party or by a lawyer of Belgian nationality who is registered with the Bar
Association.’ This appeal must be submitted within a period of sixty days from the day on which the
requester learned about the decision.
A request for the suspension of the execution of the same decision can be made to the Council of
State in the same document as the request for annulment (except in case of extreme urgency). In
the title of this request it must be mentioned that a request for suspension and a request for
annulment are being submitted. Once an appeal for annulment has been submitted, a subsequent
request for suspension is no longer admissible, without prejudice to the possibility to, as long as
the period for appeal has not expired, submit a new appeal for annulment which includes a request
for suspension, as described above. The request for suspension must comprise a description of the
proof and facts which, in the requester’s opinion, justify an order for suspension. The suspension of
the execution can only be ordered when substantial proof is provided to justify the annulment of
this decision, and on condition that the immediate execution of the decision might cause serious
harm which would be difficult to repair. (cf. the laws concerning the Council of State, coordinated
on 12 January 1973, and the Order of the Regent of 23 August 1948 establishing the legal
procedures before the administrative division of the Council of State)’
§2. The person or entity is not listed
When the person or entity is not listed, it first has to be checked whether the entity is not owned or
controlled by one of the persons or entities listed. If this is the case, this person or entity has to be
treated in the same way as a listed person or entity. In case of a possible decision to deny
authorisation, the link between the listed and the unlisted person or entity will have to be proved.
It also has to be checked whether no intermediary (e.g. a bank) is listed. When the intermediary is
holding the funds or economic resources, the request must also be treated as coming from a listed
person or entity. For intermediaries it also has to be checked whether the intermediary is owned or
controlled by a listed entity or person.
When there is no link with a listed person or entity, it has to be checked whether another article of
the Regulation may apply. This may be related to the financing of enterprises, restrictions on
transfers of funds, restrictions on transfers of capital or restrictions on financial services. All proof
must be examined to determine whether the articles of the Regulations apply. If necessary,
additional proof may be requested.
1) When no article of the Regulation applies
When no article of the Regulation applies, the requester will be informed that he was not obliged to
submit a request and that there are no impediments to the transfer of funds or economic
resources.
2) When an article of the Regulation applies
When an article of the Regulation applies, it must be verified whether an authorisation or
notification may be granted based on an exception, or whether the article provides for an
exemption from this obligation in the case at hand.
a) There is an exemption from this obligation in the case at hand
When there is a exemption, the requester does not need to submit a request and will be informed
of this. In this case, there is no impediment to the execution of the intended transaction.
b) A notification obligation applies
When only a notification obligation applies, the requester will be informed that the notification has
been received and will be provided with a notification number and a description of the request. This
is done by e-mail. The intended transaction can then take place.
c) Authorisation is possible
When an authorisation has to be requested and all conditions for the granting of the authorisation
are fulfilled, the requester will be informed of this by letter (and often also by e-mail). In this letter
the relevant article is mentioned, and the reasons why this article applies, along with the
notification that the intended transaction has been authorised. For some authorisations, the
general Treasury administration first has to inform other Member States and the Commission of its
intention to grant the authorisation before the authorisation may actually be granted.
d) The request is denied
When an article prohibits the transaction and no exceptions apply, a decision will be issued to deny
authorisation. The conditions for this are the same as with a decision to deny authorisation to a
listed person or entity.
Chapter 7 – Restrictive measures concerning oil tankers and the shipping industry
7.1. Prohibition on the provision of certain services in relation to oil tankers and cargo
vessels
Article 37a determines that the provision of the following services in respect of oil tankers and
cargo vessels flying the flag of the Islamic Republic of Iran or owned, chartered, or operated,
directly or indirectly, by an Iranian person, entity or body shall be prohibited:

classification services;

the supervision of and participation in the design, construction and repair of ships and their
parts, as well as related technical assistance, financing or financial assistance;

the inspection, testing and certification of marine equipment, materials and components as well
as the supervision of the installation on board and the supervision of system integration;

the carrying out of surveys, inspections, audits and visits and the issuance, renewal or
endorsement of the relevant certificates and documents of compliance, on behalf of the flag
State administration, in accordance with the International Convention for the Safety of Life at
Sea.
7.2. Prohibition to make available vessels designed for the transport or storage of oil and
petrochemical products
Article 37b determines that it shall be prohibited to make available vessels designed for the
transport or storage of oil and petrochemical products to any Iranian person, entity or body, or to
any other person, entity or body, unless the providers of vessels have taken appropriate action to
prevent the vessel from being used to carry or store oil or petrochemical products that originate in
Iran or have been exported from Iran.
Exception clause for old contracts
The above prohibitions do not apply in the situation described in Article 12.1(b) and (c) and Article
14.1(b) and (c). However, based on these articles, the FPS Mobility must be informed about the
import and transport of Iranian oil and petrochemical products.
Suspension
Under Article 37b, paragraph 3, the above prohibitions are suspended.
Chapter 8 – Persons and entities in Iran subject to sanctions
8.1. Entities and persons listed in Annexes VIII and IX
Article 23 determines that all funds and economic resources belonging to, owned, held or controlled
by the persons, entities and bodies listed in Annexes VIII and IX shall be frozen. Participation,
knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to
circumvent this measure is also prohibited.
In Article 23.3 it is further stated that no funds or economic resources shall be made available,
directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in
Annexes VIII and IX. Participation, knowingly and intentionally, in activities the object or effect of
which is, directly or indirectly, to circumvent this measure is also prohibited.
According to Article 1 of the Regulation, economic resources means assets of every kind, whether
tangible or intangible, movable or immovable, which are not funds, but which may be used to
obtain funds, goods or services.
8.2. Entities and persons NOT listed in Annexes VIII and IX (making available indirectly)
Making available funds and economic resources (goods) indirectly to natural or legal persons,
entities or bodies listed in Annexes VIII and IX is also prohibited. The EU has issued Directives to
help with the interpretation of this provision:
1. It is prohibited to supply funds or economic resources indirectly, for instance via a third party or
a third country, to or for the benefit of a sanctioned person or entity.
2. The supply of funds or economic resources to an unsanctioned person or entity owned or
controlled by a sanctioned person or entity will, in principle, be regarded as indirectly making
available those funds or economic resources to that sanctioned person or entity, unless it can
reasonably be determined that the funds or economic resources will not be used by or benefit the
sanctioned person or entity. This is determined on a case-by-case basis, using an approach based
on risk analysis and taking into account all relevant circumstances, including the following criteria:



the commencement date and the nature of the contractual relationship between the entities in
question (e.g. sales, purchasing or distribution agreements);
the relevance of the activities of the unsanctioned entity for the sanctioned entity;
the characteristics of the funds or economic resources made available, such as the possible
practical use for, and the ease of transfer to, the sanctioned entity.
3. In principle, when a sanctioned party owns more than 50% of the shares of an unsanctioned
party, the sanctioned party is assumed to control the unsanctioned party. The same applies when a
sanctioned party has some other kind of participation in (e.g. preferential shares) or control over
(e.g. the right to appoint Directors) an unsanctioned party.
4. To determine the practical use and transferability of economic resources for a sanctioned entity,
the following criteria (among others) play a role:



usefulness to the sanctioned party;
transferability;
possibility to provide guarantees that the economic resources are not used by the sanctioned
entity.
5. The supply of funds or economic resources to an unsanctioned entity is not regarded as
indirectly making available those funds or economic resources to a sanctioned entity when the
funds or economic resources are only used by the unsanctioned person or entity to generate profits
which may later, in part, be paid out to the sanctioned shareholder.
6. An unsanctioned entity is considered to be controlled by a sanctioned person or entity when the
latter has decision-making power over that unsanctioned entity. Thus, ownership and control often
go hand in hand, but they can also exist independently.
7. By nature, funds are always useful and transferable to a sanctioned person or entity. This means
that, in principle, the making available of funds to an unsanctioned person or entity that is owned
or controlled by a sanctioned person or entity is prohibited.
Companies are expected to know who their customers are. Consequently, they are able to check
that they are not directly or indirectly making goods available to these natural or legal persons,
entities or bodies. For instance, a delivery to a company in Iran that is not listed in Annex VIII or
IX may still be prohibited when investigation shows that the parent company is listed in Annex VIII
or IX. You can, for instance, look for ownership relationships via Internet search pages and in
annual reports.
8.3. Exceptions and changes to lists
Under certain conditions, frozen funds and economic resources may be released. See Articles 24-30
of the Iran Regulation on this.
Careful! In practice, the Iran Regulation (Annex 2) is regularly updated to add new entities to list
VIII or IX. You need to consult both the Iran Regulation and the various amending Regulations. For
the consolidated list of persons, groups and entities subject to EU financial sanctions, see
http://eeas.europa.eu/cfsp/sanctions/consol-list_en.htm.
Chapter 9 – Effect of American sanctions
The American sanctions on Iran apply to American persons and companies (and their branches)
and to all persons and institutions in the United States. In addition, it is prohibited for nonAmerican persons or companies to export goods of American origin to Iran (this applies to goods
consisting of more than 10% American parts, software or technology). The United States have
imposed extremely far-reaching sanctions on Iran, including severe financial sanctions.
Companies are responsible themselves for determining whether the American sanctions apply in
their case. Practice has shown that even companies whose actions do not go against any of the
European or American sanctions and who have business interests in the US may experience the
effects of the sanctions when they also do business with parties in Iran.
The Belgian authorities have no formal role in this and leave it to the companies to
determine how they will deal with this. For more information you must also check with
the American authorities yourself.
Further information about the American sanctions regime against Iran can be obtained from the
Office of Foreign Assets Control of the U.S. Department of the Treasury (see www.treasury.gov).
There, you will also find more information on goods for which export to Iran may be allowed (e.g.
foodstuffs, medicines and medical equipment). In this case, companies must apply for a licence
with the American authorities.
Chapter 10 – Visa applications
The sanctions against Iran may also have an effect on bringing persons from Iran to Belgium. This
is because the sanctions prohibit making available knowledge of certain technologies in the nuclear
sector, in the field of missile technology and in the oil and gas industry. When you support a visa
application, you are partly responsible if it turns out later that the person in question has gained
such knowledge in Belgium. So be careful if you invite someone of Iranian nationality to Belgium
and the visit is related to the aforementioned areas of knowledge. The technology concerned can
be found in Annexes I, II, III and VI of the Iran Regulation.
Likewise, hiring persons of Iranian nationality may result in a non-permitted transfer of knowledge.
This is the case when your employees gain knowledge about the aforementioned technologies
during the performance of their work. Please take this into account if you wish to apply for an
authorisation for a temporary stay with a view to employment or in the framework of the
regulations applying to knowledge workers.
As a result of the sanctions regime, some cases have a clearly delicate nature. This also applies to
business visas if the subject matter is delicate. Therefore, decisions concerning some dossiers can
take more time.
The embassy always checks that the (main) destination is indeed Belgium.
In Iran you have to take into account the ‘Vision procedure’ to issue a Schengen visa. This takes at
least two or three weeks. This is the standard for bona fide cases.
N.B.: The definition of an Iranian person described in Chapter 1 refers to the Iran Regulation. The
definition of an Iranian person for visa matters comprises persons of Iranian nationality. The
Council Decision regulates visa-related matters.
Chapter 11 – Frequently asked questions
Where can I find the necessary forms?
On the websites of the competent authorities (see link in Chapter 12).
I want to export goods to Iran. What do I have to do?
When you want to export to Iran, you can compare the (technical) specifications of your goods to
the products on the lists of goods to check whether they are subject to an authorisation, prohibited
or permitted. You can find the lists of goods in Annexes I to VIII to the Iran Regulation (see
Chapter 12) and in Annexes III and IV to the Iran Human Rights Regulation (see Chapter 12).
Careful: for many of the goods, the Iran Regulation refers to the Dual-Use Regulation.
Should you still have questions concerning the classification of the goods, then the competent
regional authorities can help you with this. Exporters are expected to make a thorough analysis
themselves first. You can consult the competent regional authorities if you have questions about
the procedure to request an authorisation.
Do the measures also apply to indirect deliveries?
The prohibitions contained in the Regulation also apply to indirect deliveries, i.e. via a third party or
a third country. This is also the case for the provisions related to technical assistance and the
making available of financial funds or economic resources.
In principle, even deliveries to a subsidiary of a company included in the list are regarded as
indirect deliveries to a listed entity, unless the resources do not end up with the parent company.
See Chapter 8.2. Entities and persons NOT listed in Annexes VIII and IX for more information.
Which companies and persons are listed in the Iran Regulation?
The consolidated list of Iranian persons and entities with which trade is prohibited can be found on
the following EU web page:
http://EC.europa.eu/external_relations/cfsp/sanctions/consol-list_en.htm
In addition, these Iranian persons and entities are listed in Annexes VIII and IX to the Iran
Regulation. Careful: new amending Regulations amending the Iran Regulation also contain lists
with new names. You can find the references to all Regulations in Chapter 12.
Where can I find the Iran Regulation in another language?
The Regulations can be consulted in various languages through the following website:
http://eur-lex.europa.eu/
I have delivered goods to Iran, but my bank is unable to transfer the money to me. Why?
Banks are free to do this, so take this into account and discuss your options with the bank
beforehand. In practice, the possibilities in this respect are very limited. The FPS Finance does not
have a list of banks that are prepared to provide this possibility.
I have a letter of credit that was issued by a bank which is on the list of prohibited
entities and persons. How can I receive my payment?
On 26 July 2010 the EU put a large number of banks on the sanctions list; the most well-known are
Bank Saderat and Bank Mellat. If one of these banks issued a letter of credit before 26 July 2010,
you can submit a request for an exemption to the FPS Finance. The FPS Finance will study this
request based on the criteria of the Regulation:

Is the payer an entity or person that is on the blacklist?;

Does the agreement contribute to the manufacture, sale, purchase, transfer, import, export,
transport or use of listed goods and technology?;

Is the payee an entity or person that is on the blacklist?
Which banks are subject to sanctions? With which banks can I do business?
The list of Iranian banks that are subject to sanctions is included in the Annexes to the Iran
Regulation. The European Commission also publishes a list of all persons and entities to which
sanctions apply:
http://EC.europa.eu/external_relations/cfsp/sanctions/consol-list_en.htm
Can I still transport goods to Iran?
Since 26 July 2010 all funds and economic resources of Iranian shipping companies such as Islamic
Republic of Iran Shipping Lines (IRISL) and SAPID have been frozen, and no new funds or
economic resources may be made available to them. Hence, you cannot use these companies to
transport your goods to Iran. An overview of companies whose funds or economic resources have
been frozen can be found in the Annexes to the Iran Regulation.
Can I transport goods (including bulk) and empty containers for a company that is
included in the list of prohibited entities and persons?
The funds of certain companies, such as IRISL, have been frozen. This means that they are unable
to make or receive payments. In practice, this means that it is practically impossible to do business
with them.
Do the sanctions also apply to transport on the European Union inland waterways?
Yes.
The interim agreement has temporarily lifted part of the sanctions on Iran. Does this
mean that I can do trade with Iran again?
The sanctions have been lifted partially, temporarily and reversibly. The interim agreement was
signed to buy more time to negotiate a total agreement between the international community and
Iran concerning Iran’s nuclear programme. The current partial lifting of sanctions applies to a very
limited number of situations; the sanctions largely remain unchanged.
Chapter 12 – Contact details and useful web links

The competent Belgian federal and regional authorities:
http://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions/competent
_belgian_authorities/

An overview of the EU legislation regarding sanctions (restrictive measures):
http://eeas.europa.eu/cfsp/sanctions/docs/measures_en.pdf

You can find the EU legislation on the following website: http://eur-lex.europa.eu/
In this context, the following legislation is concerned:




sanctions regime due to the human rights situation in Iran: Council Decision
2011/235/CFSP and Council Regulation (EU) No 359/2011, and subsequent amendments;
sanctions regime due to nuclear proliferation: Council Decision 2012/35/CFSP and Council
Regulation (EU) No 267/2012, and subsequent amendments;
Dual-Use Regulation: Regulation (EC) No 428/2009;
EU Common Military List: Common Position 2008/944/CFSP.
Note: the Regulations directly apply in Belgium. There is no systematic publication of
consolidated texts.

An overview of all persons and entities included in the EU sanctions lists can be found on the
following website: http://eeas.europa.eu/cfsp/sanctions/consol-list_en.htm . (By means of a
filter function you can select the persons and entities included in the lists of the sanctions
regimes against Iran.)

EU Website with Frequently Asked Questions on EU restrictive measures:
http://eeas.europa.eu/cfsp/sanctions/docs/frequently_asked_questions_en.pdf

The links to the international export control regimes:
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Wassenaar Arrangement (conventional arms): http://www.wassenaar.org
Missile Technology Control Regime (MTCR): www.mtcr.info
Nuclear Suppliers Group (NSG) (nuclear and dual-use equipment and technologies)
http://www.nuclearsuppliersgroup.org
Australia Group (chemical and biological goods): http://www.australiagroup.net
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