Monthly Archives: August 2013

08.30.13
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UK’s (and EU’s) Iran sanctions for human rights abuses

The EU sanctions on Iran's human rights abuses were first implemented in Council Regulation (EU) No 359/2011 and subsequently amended in Council Regulation (EU) No 264/2012.

EU persons and EU-domiciled entities, as well as people and entities located in the EU, may not be involved in:

  1. the sale, supply, transfer or export, directly or indirectly of equipment which might be used for internal repression to any person, entity or body in Iran or for use in Iran
  2. the provision (direct or indirect) of technical assistance, brokering services, financing or financial assistance related to the above equipment

Annex IV are goods (e.g. equipment or software) which can monitor or intercept communications. A license is required:

  1. to sell, supply, transfer or export, directly or indirectly items as listed in Annex IV to any person, entity or body in Iran or for use in Iran
  2. for the provision of technical assistance, brokering services, financing or financial assistance related to the items listed in Annex IV to any person, entity or body in Iran or for use in Iran
  3. for the provision of telecommunication or internet monitoring or interception services of any kind to or for the direct or indirect benefit of Iran’s government, public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction

Links:

Council Regulation (EU) No 264/2012

Council Regulation (EU) No 359/2011

 

08.29.13
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UK’s BIS issues Notice to Exporters 2013/24 changes licensing for Egypt

The Department for Business, Innovation and Skills (BIS) has issued a new Notice to Exporters. In the previous one, BIS announced that, in addition to the suspension of licenses for equipment that could be used for internal suppression in Egypt, the Export Control Organization (ECO) would also be reviewing additional existing licenses. The review has been completed, and the holders of 49 additional licenses have been notified that their licenses have now been suspended.

Additionally, this Notice to Exporters now places Egypt to the list of countries not covered by the following Open General Export Licenses (OGELs):

    • Export After Repair/replacement under warranty: Military Goods
    • Export For Repair/replacement under warranty: Military Goods
    • Export After Repair/replacement under warranty: Dual-Use Items
    • Export For Repair/ Replacement Under Warranty: Dual-Use Items

5. Impact on extant licence holders and new licence applicants:

5.1 Extant licence holders will be contacted by ECO to inform them of the suspension.

5.2 The suspension will be kept under review until such time as conditions indicate that it is appropriate to lift these restrictions.

5.3 ECO is considering whether further extant licences should be revoked. ECO will keep you informed about this and any other developments through Notices to Exporters and, where appropriate, through individual notifications.

Existing license holders will be notified by ECO that their licenses are suspended until further notice (e.g. until these changes are reversed). And, of course, ECO is still considering whether additional licenses, beyond these 49, need suspension – which will, of course, necessitate another Notice to Exporters, Mr. Watchlist would wager.

Links:

Notice to Exporters 2013/24

 

08.28.13
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Said Youssef Ali Abu Aziza delisted by UN, OSFI [Updated: DFAT, too]

The following person listed by the UN Al-Qaida Sanctions Committee has been removed from OSFI's Consolidated List:

QI.A.230.07. Name: 1: SAID 2: YOUSSEF 3: ALI 4: ABU AZIZA

Name (original script): سعيد يوسف علي أبو عزيزة

Title: na Designation: na DOB: 1958 POB: Tripoli, Libyan Arab Jamahiriya Good quality a.k.a.: a) Abdul Hamid b) Abu Turab Low quality a.k.a.: na Nationality: Libyan Passport no.: a) Libyan passport number 87/437555 b) Libyan passport number 274381 National identification no.: Libyan national identification number 145126 Address: na Listed on: 8 Jun. 2007 (amended on 13 Dec. 2011) Other information: Mother’s name is Fatima Isa. Member of Libyan Islamic Fighting Group (QE.L.11.01) and Al-Qaida (QE.A.4.01). Review pursuant to Security Council resolution 1822 (2008) was concluded on 24 Nov. 2009.

Update: DFAT has since updated its Consolidated List, too.

Link:

OSFI notice

UN Notice

 

08.27.13
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UK (and EU) restrictions on Iranian nuclear program

The EU's Council Decision 2012/635/CFSP (codified into law by Council Regulation (EU) No 267/2012) adopted sanctions against Iran's weapons programs (nuclear and ballistic) and any revenue they get fron these. These include:

    • prohibition on the sale, supply or transfer to Iran of graphite, raw or semi-finished metals (such as aluminium or steel) and software for integrating industrial processes. The prohibition includes technical or financial assistance.
    • prohibtion on sale or supply of key naval equipment and technology for ship-building, maintence or refit..

Annexes I and II of the Regulation list items which regulated EU persons and enitities (EU citizenship or location within the EU) cannot be involved with the:

  1. sale, supply, transfer or export to Iran or to an Iranian entity or body outside Iran of listed dual-use goods and technology
  2. provision of brokering services, and the provision of technical and financial assistance, related to the listed goods and technology
  3. purchase, import or transport from Iran of listed items
  4. investment in and financing of any Iranian person, entity or body engaged in the manufacture of listed items

Annex I is the EU's Dual-Use List, while Annex II are additional dual-use goods which would provide significant assistance to Iran's nuclear and ballistic programs.

Annex III is similar to Annex II, but which are potentially licensable:

  1. A licence is required for the sale, supply, transfer or export to Iran or to an Iranian entity or body outside Iran of goods and technology listed in Annex IV
  2. A licence is required for the provison of brokering services, of technical or financial assistance related to those items, or for investment in Iranian entities engaged in manufacturing those items

Licenses are only issuable in exceptional circumstances – such as on humanitarian grounds – when there is no risk of the goods ending up in Iran's nuclear program.

Notice to Exporters 2010/40 discusses changes to the licensing policy for Annex III (formerly called Annex IV) items.

Annex IV items are specific to the ban on purchase, import or transport to the EU of Iran's crude oil or petrochemical products.

Annex V contains petrochemical products that cannot be imported to the EU if they are Iran-origin or are exported from Iran.

Annex VI lists equipment key to Iran's production of oil, natural gas and petrochemicals, including exploration and production (e.g. drilling) equioment, and refining (oil) or liquefaction (natural gas) equipment. EU members may not supply or export these to Iran.

Annex VII is a listing of gold, precious metals and diamonds, none of which can be supplied or sold to Iran.

Council Regulation (EU) 267/2012 also prohibits the “sale, supply, transfer or export, directly or indirectly of newly printed or unissued Iranian denominated banknotes and minted coinage, to, or for the benefit of the Central Bank of Iran.”

Additionally, “Goods whose supply is prohibited for human rights reasons (including equipment and technology which may be used for the monitoring or interception of the internet and telecommunications and related services) are listed in Council Regulation (EU) No 359/2011.”

Links:

Council Decision 2012/635/CFSP

Council Regulation (EU) No 267/2012

Dual-use goods controls guide

UK Strategic Export Control Lists

 

08.26.13
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UK Export Control Organization’s (ECO) Iranian sanctions

The ECO has issued the following notices on Iranian sanctions:

      • Notice to Exporters 2012/22 – issued on 16 May 2012 about imposition of new UK legislative order enforcing Iranian sanctioins imposed by EU in March 2012.
    • Notice to Exporters 2012/19 – issued on 26 March 2012 about prohibitions on export of internal repression and internet monitoring equipment.
    • Notice to Exporters 2012/18 – issued on 26 March 2012 about new and amended non-proliferation sanctions against Iran.
    • Notice to Exporters 2012/06 – issued on 27 January 2012 about new restrictive measures targeting Iran’s oil and gas sector, financial sector and nuclear programme.
    • Notice to Exporters 2011/12 – issued on 27 May 2011 about enforcement of certain provisions of EU sanctions against Iran.
    • Notice to Exporters 2010/40 – issued on 10 November 2010 about the refusal of licences for the export of items listed in Annex IV of Council Regulation 961/2010.
    • Notice to Exporters 2010/34 – issued on 27 October 2010 with further information about the EU implementing measure, Council Regulation 961/2010. This comprised a number of restrictive measures including restrictions on oil and gas exports.
    • Notice to Exporters 2010/21 – issued on 26 July 2010 when the EU announced new restrictions on trade with Iran. This included an asset freeze on listed Iranian entities and individuals with effect from 27 July 2010 (Council Regulation 668/2010) and the adoption of new restrictive measures on trade, energy, transport and financial services (Council Decision of 26 July 2010).

Links:

Notice to Exporters 2012/47

Notice to Exporters 2012/22

Notice to Exporters 2012/19

Notice to Exporters 2012/18

Notice to Exporters 2012/6

Notice to Exporters 2011/27

Notice to Exporters 2011/12

Notice to Exporters 2010/40

Notice to Exporters 2010/34

Notice to Exporters 2010/21

 

08.23.13
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Breaking News: EU suspends certain export licenses to Egypt (updated with additional links)

Today, the UK's Department for Business, Innovation and Skills released Notice to Exporters 2013/23:

Notice to Exporters 2013/23: EU suspend all export licensing to Egypt of any equipment which might be used for internal repression
23 August 2013

1. On 21 August 2013, in response to the increasing levels of violence in Egypt, the Member States of the European Union agreed to suspend all export licensing to Egypt for equipment which might be used for internal repression.

2. The Council also agreed to reassess export licences of equipment covered by Common Position 2008/944/CFSP – which defines common rules governing control of export of military technology and equipment.

3. This follows action already taken by the Secretary of State for Business Innovation and Skills on 19 July 2013 to revoke five standard individual export licences for Egypt where there was a clear risk that the goods might be used for internal repression, or provoke or prolong conflict.

Impact on extant licences and issuing of new export licences to Egypt

4. We are currently reviewing extant licences to determine which ones we consider to be for equipment which might be used for internal repression and therefore subject to suspension. We will notify you directly in the event that your licence is to be suspended.

5. The Export Control Organisation will review whether it is necessary to revoke, suspend or amend any additional extant licences where the proposed transfer is no longer consistent with the Consolidated EU and National Arms Export Licensing Criteria (‘Consolidated Criteria‘).

6. You should be aware that any other export licence applications for Egypt will be subject to greater levels of scrutiny and longer processing times.

7. We are committed to keeping exporters informed on changes in export controls. We also recommend that you keep yourself well informed of developments through the media and other information channels.

And here is the contact info for the UK's Export Control Organization, should you have questions:

Export Control Organisation

Department for Business, Innovation and Skills

1 Victoria Street

London

SW1H 0ET

Tel: 020 7215 4594

E-mail: eco.help@bis.gsi.gov.uk

Fax: 020 7215 2635

Link:

Notice to Exporters 2013/23

EU Council conclusions on Egypt of August 21, 2013

Common Position 2008/944/CFSP

July 19, 2013 Secretary of State for Business, Innovation and Skills license revocation

Consolidated EU and National Arms Export Licensing Criteria

 

08.23.13
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OFAC’s got some ‘splaining to do…

From OFAC's FAQ on how to determine if you have a match against the SDN list, we have:

Step 3. How much of the SDN’s name is matching against the name of your account holder? Is just one of two or more names matching (i.e., just the last name)?

If yes, you do not have a valid match.*

If no, please continue to 4 below.

Really? Is that really the standard? How about:

  • The data matches the first and middle names but not the last: does every Mary Ann and Jose Maria require additional review?
  • The data matches a first name and the maternal last name of a Hispanic (or Portuguese-speaking) individual, but not the paternal last name – do those require additional research and review?
  • The data matches the 2 last names of a Hispanic (or Portuguese-speaking) individual, but none of the first or middle names – do those require review?

And what should be reviewed for matches to the multiple name components of Muslim names? Are they all created equal other than the given name?

It's very easy for OFAC to say “we can't give any more guidance – otherwise, the terrorists will win.” And it's also not very fair, especially since each of these cases involves significant additional operational overhead – or much smarter systems – to handle the increase in matches.

OFAC needs to issue more precise guidance… period.

To be clear, Mr. Watchlist believes that none of the cases in the list above requires additional review, and that a workable model for Muslim names would require matches to the given name, or initial, and the nisbah, which is the tribal, clan or geographic name. A case could potentially be made to substitute the laqab, which is an attribution name, like al-Rashid, for the nisbah, but it's my understanding that the nisbah is the closest to a family or last name in Muslim name structures.