Please find below an update on the recent developments on the sanctions relief for Iran and the upcoming changes in the EU Dual-Use list for Export Controls.
I. Iran sanctions relief
The recent Adoption day at the 18th of October 18 2015, is a very important date in the timeline towards sanctions relief for Iran. On that day, the E3/EU+3 (United States, United Kingdom, Germany, France, Russia and China) and Iran began to make arrangements and preparations for the implementation of their Joint Comprehensive Plan of Action (JCPOA) commitments. The JCPOA will produce the comprehensive lifting of all worldwide sanctions related to Iran’s nuclear program.
For Iran, Adoption day means the start of the implementation of its nuclear-related commitments set forth in the JCPOA. The EU fulfill their part of the deal by adopting the legislative framework needed for lifting all of its nuclear-related economic and financial sanctions (see Council Regulation (EU) 2015/1861, Council Implementing Regulation (EU) 2015/1862 and Council Decision (CFSP) 2015/1863). The US takes a different approach: president Obama issued a memorandum directing the relevant government agencies to prepare to lift US anti-proliferation sanctions, however, all actions depend on Iran’s follow-up. It should be stressed that the lifting of the EU and US sanctions will depend on a following JCPOA milestone, being Implementation day.
The next JCPOA milestone is Implementation day. This day is set for the moment that the International Atomic Energy Agency (IAEA) has verified that Iran has taken all of the key nuclear-related steps stipulated in the JCPOA. Implementation day should result in (partly) lifting of the EU/US nuclear-related sanctions against Iran. The JCPOA anticipates this will take 5-10 months. It should be stressed that until Implementation day all sanctions remain in place and that nothing changes as regards the legal requirements and (im)possibilities for exporting to Iran.
II. Update EU Dual-Use list for Export Controls
On 12 October 2015, the European Commission adopted a regulation amending Council Regulation (EC) No 428/2009, also known as the EU Dual-Use Regulation. The updated EU Dual-Use list for Export Controls in Annex I of the EU Dual-Use Regulation takes account of the latest scientific, technological, industrial and commercial developments and aims to protect the competitiveness of EU export industries. The EU Dual-Use list implements over 100 amendments to the controls made by the multilateral Regimes in 2014, essentially in the Wassenaar Arrangement and Missile Technology Control Regimes (MTCR). Changes relate in particular to the control of machine tools, avionics technology and aircraft wind-folding systems, spacecraft equipment and civil UAVs2 (i.e. drones) as well as the removal from control of certain encrypted information security products. Please visit for more information the EU websites below:
Statement on the update of the EU Dual-Use list: http://trade.ec.europa.eu/doclib/docs/2015/october/tradoc_153907.pdf
Amending regulation of the EU Dual-Use regulation: http://trade.ec.europa.eu/doclib/docs/2015/october/tradoc_153894.pdf
Note on the 2015 update:
Comprehensive change summary:
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