Select Committee on European Scrutiny Seventeenth Report


14 EU sanctions against Iran

(28529)

8132/07

Common Position concerning restrictive measures against Iran

Legal baseArticle 15 TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationEM of 12 April 2007
Previous Committee ReportNone; but see (28327): HC 41-ix (2006-07) para 13 (7 February 2007)
To be discussed in Council23 April 2007 General Affairs and External Relations Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

14.1 On 23 December 2006, the UN Security Council adopted Resolution 1737, which imposes a number of sanctions on Iran. In broad terms UNSCR 1737:

  • prohibits the sale/transfer to Iran — and also the export by Iran or export from Iran — of certain goods and technologies that could contribute to sensitive activities (enrichment related, reprocessing and heavy water activities and the development of nuclear weapons delivery systems);
  • prohibits technical or financial assistance related to these activities;
  • freezes the assets of named individuals and entities involved in, associated with or providing support to Iran's sensitive nuclear and missile programmes;
  • calls on States to 'exercise vigilance' about the travel to or through their territories of individuals involved in, associated with or providing support to Iran's sensitive nuclear and missile programmes and requires them to inform the Security Council when named individuals do so; and
  • calls on States to prevent Iranian nationals from studying sensitive subjects.

14.2 On 7 February we cleared Common Position 2007/140/CFSP, which enabled EU Member States to fulfil their obligation to implement these restrictions.[42] It was subsequently adopted by the Council on 27 February 2007.

UN Security Council Resolution 1747

14.3 The UN Security Council adopted resolution 1747 on 24 March 2007 imposing further restrictive measures against Iran. The resolution, under Chapter VII of the UN Charter, is binding on all UN member states, although not all the measures are mandatory.

14.4 Together with his 12 April 2007 Explanatory Memorandum, the Minister for Europe at the Foreign and Commonwealth Office (Mr Geoffrey Hoon) attaches the text which, he explains, provides for:

  • A strengthening of the travel restrictions, so that states are called upon to exercise vigilance and restraint[43] regarding the entry into or transit through their territory by designated individuals.
  • The designation of a number of new individuals subject to the travel restrictions and individuals and entities subject to the assets freeze, including Bank Sepah and Bank Sepah International.
  • Inclusion of a new sub-category for designating individuals and entities connected to the Iran Republican Guard Corp (IRGC).
  • A mandatory arms embargo on exports and procurement from Iran.
  • Restrictions on the export to Iran of items covered by the UN Conventional Arms Register.
  • Restrictions on financial assistance to the government of Iran.

The amended Common Position

14.5 The Minister says that the EU is proposing "to rigorously implement" the latest UN measures by introducing in the amending Common Position:

  • A mandatory EU arms embargo on Iran (Article 1.1).
  • A mandatory ban on new financial commitments to the government of Iran (Article 1.2).
  • An EU autonomous list of Iranian individuals and entities not designated by the UN but who meet the UN criteria for the travel restrictions and assets freeze (Article 1.4).

14.6 The draft Common Position amending Common Position 2007/140/CFSP is attached to his Explanatory Memorandum. He says that Annex II will contain the names on the EU autonomous list, they being persons who meet the UN's criteria for the travel restrictions and assets freeze, and that the list will be published when the Common Position is adopted by the Council.

The Government's view

14.7 The Minister says that the measures in Resolution 1747 (2007):

    "go beyond the limited non-proliferation measures in Resolution 1737 (2006) by introducing political and financial measures. In particular, the assets freeze on Bank Sepah, senior figures in the Iran Revolutionary Guard Corps (IRGC) and affiliated companies sends a clear signal to the government of Iran that it is no longer business as usual. The UK fully supports the EU's approach to implement the Resolution in a rigorous and effective manner. The Security Council will consider further appropriate measures if a further report by the Director General of the [IAEA] within 60 days concludes that Iran has not complied with the terms of the resolution".

14.8 Although he does not attempt to quantify it, the Minister says that "there is an administrative burden on the financial sector in implementing the assets freeze".

14.9 Finally, he says that the amended Common Position is scheduled to be adopted at the 23 April GAERC.

Conclusion

14.10 As we noted in our earlier related report, the EU following suit on UN sanctions would not normally warrant a substantive Report to the House, and no questions arise on this occasion either.

14.11 However, given the high level of public concern about Iran's nuclear activities, we again consider a Report appropriate.


42   See headnote. Back

43   The underlining is the Minister's, as is that in his explanation of the changes to the Common Position. Back


 
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