Part A: Arms Embargo

For many years it has been EU policy not to sell arms to Iran. Under Article 1(1)(c) of Council Decision 2010/413/CFSP, it is prohibited to directly or indirectly supply, sell or transfer arms and related materiel of all types, including paramilitary equipment, to Iran, or for use in or for the benefit of Iran. This prohibition does not include certain vehicles intended for the protection of personnel of the EU and its Member States in Iran.

UN Security Council Resolution 1747 (2007) also requires Member States to introduce a prohibition on purchasing, importing or transporting arms and related materiel of all types from Iran. This prohibition is now found in Article 1(4) of Council Decision 2010/413/CFSP.

It is also prohibited to directly or indirectly provide technical assistance, financing or financial assistance related to arms and related materiel to Iranian persons, entities or bodies for use in Iran. This prohibition is contained in Article 5(1) of Council Regulation (EU) No 267/2012.

The prohibition on arms exports is implemented through the provisions of the Swedish Military Equipment Act (1992:1300), the Military Equipment Ordinance (1992:1303) and the Firearms Act (1996:97). The prohibition on arms imports and regulations concerning paramilitary equipment etc. are implemented through the ordinance concerning certain sanctions against Iran (2007:704).

The Swedish Agency for Non-Proliferation and Export Controls is the main competent authority for issues concerning the arms embargo. It is tasked with classifying products and taking decisions when applications for export licences are received for the vehicles mentioned above, exemptions concerning technical assistance, etc.

Part B: Dual-Use Goods

Prohibition on exports of dual-use products

Under Article 2 and Annexes I and II of Council Regulation (EU) No 267/2012, it is prohibited to directly or indirectly provide dual-use products, that is goods, equipment and technology (including software), to Iran. The products to which this prohibition primarily applies are made clear via a reference in Annex I of the Regulation to the list in Annex I of the general EU regulation on dual-use items (Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items). However, exceptions are made in the case of Iran for certain Category 5 (telecommunications and information security) products under Council Regulation (EC) No 428/2009, as long as these products are not on the lists established within the framework of the Nuclear Suppliers Group (NSG) and Missile Technology Control Regime (MTCR) export regimes, the export of which is prohibited by the UN Security Council, or on the EU Common Military List, which is covered by the arms embargo against Iran (see point A). These exceptions are listed in Annex I, Part A of Council Regulation (EU) No 267/2012.

Corresponding export prohibitions apply under Article 2 to certain products that are not listed in the annex to Council Regulation (EC) 428/2009 (cf. Annex I of the EU regulation) but have been prohibited by the EU or UN because they can contribute to nuclear activities or the development of nuclear weapon delivery systems that the Security Council wishes to prevent. These products are listed in Annex II of Regulation (EU) No 267/2012.

Under Article 6 and Annex I, Part B of Council Regulation (EU) No 267/2012, a general exception from the prohibition on supply is made for goods destined for the civilian nuclear power plant in Bushehr.

Furthermore, under Article 7 there are certain possibilities to obtain exemptions from the above prohibition if a transaction concerns food or medical supplies, for example. Questions regarding exceptions should be addressed to the appropriate national authority. The approval of the UN sanctions committee is also required to supply products prohibited by the UN.

In Sweden, the main responsibility for export control matters concerning dual-use products and military equipment lies with the Swedish Agency for Non-Proliferation and Export Controls. However, certain nuclear-related products are dealt with by the Swedish Radiation Safety Authority.

Prohibition on imports of dual-use products

It is prohibited to purchase, import or transport products listed in Annexes I and II of Council Regulation (EU) No 267/2012 from Iran. This prohibition is contained in Article 4 of the Regulation. Questions concerning which products are covered by the prohibition should be addressed to the Swedish Agency for Non-Proliferation and Export Controls. However, the Swedish Radiation Safety Authority is responsible for certain nuclear-related products.

Prohibition on technical and financial assistance related to dua-use products

It is prohibited to directly or indirectly provide technical and financial assistance to Iran in relation to dual-use goods, equipment and technology that is subject to an export prohibition. This prohibition is regulated in Article 5(1) of Council Regulation (EU) No 267/2012. The products are listed in Annexes I and II. The Swedish Agency for Non-Proliferation and Export Controls is responsible for application of this prohibition.

Authorisation requirement for the export of certain other dual-use products

Authorisation is required to directly or indirectly supply Iran with certain dual-use items, i.e. dual-use goods, equipment and technology, including software, that are not subject to an export prohibition as outlined above. This applies to certain products that could be used for the kind of nuclear activities and development of nuclear weapon delivery systems that the Security Council wishes to prevent. The authorisation system is regulated in Article 3 of Council Regulation (EU) No 267/2012 and the products covered are listed in Annex III of the Regulation.

Likewise, authorisation is required to directly or indirectly supply Iran with technical and financial assistance related to such products. This authorisation system is regulated in Article 5(2) of Council Regulation (EU) No 267/2012. The competent authorities responsible for processing requests for authorisation are the Swedish Agency for Non-Proliferation and Export Controls and the Swedish Radiation Safety Authority. The latter is responsible for certain nuclear-related products and technical assistance related to these products.

Part C: Oil, Gas and Petrochemical Industry

C. Prohibition on the export etc. of certain equipment and technology for Iran's oil, gas and petrochemicals industry

It is prohibited to sell and export key equipment and technology for certain sectors within the oil and gas industry, specifically for the exploration and production of crude oil and natural gas, refining, liquefaction of natural gas and for the petrochemical industry, to Iranian persons, entities or bodies or for use in Iran. These prohibitions are found in Article 8 of Council Regulation (EU) No 267/2012. The products covered by the prohibition are listed in Annexes VI and VIA of the Regulation. The prohibition applies to all supplies of these products to Iran, not just to these sectors (although it is these sectors that have determined the choice of prohibited products).

Under Article 9 of the Council Regulation, there is a corresponding prohibition on providing technical and financial assistance etc. related to such prohibited equipment and technology.

The possibility that previously existed under Article 10 of the Council Regulation to fulfil previously concluded contracts in this area following notification to the National Board of Trade is now discontinued, apart from in certain specific cases (cf. Articles 12(1)(b) and 14(1)(b)) involving exports with special exceptions from the prohibitions on importing oil and petroleum products, and petrochemical products. In these cases, the competent authority for such notifications remains the National Board of Trade.

Related provisions concerning certain other exceptional situations can be found in Articles 43 and 43a of the Regulation.

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