Iran - Re-imposition of US Secondary Sanctions

Further to the U.S. decision announced in May to withdraw from the JCPOA with Iran and re-impose secondary sanctions, President Trump issued an Executive Order on 6 August 2018 which essentially re-imposes the secondary sanctions against Iran which were contained in the Executive Orders revoked when the JCPOA was implemented in January 2016. A copy of that Executive Order can be found here Reimposing Iran Sanctions and updated FAQs issued by OFAC found here Frequently Asked Questions.

Sanctions have consequently been imposed against the following as of 6 August:

• The purchase or acquisition of U.S. dollar banknotes by the Government of Iran
• Iran’s trade in gold or precious metals
• The direct or indirect sale, supply, or transfer to or from Iran of graphite, raw, or semi-finished metals such as aluminium and steel, coal, and software for integrating industrial processes
• Significant transactions related to the purchase or sale of Iranian rials, or the maintenance of significant funds or accounts outside the territory of Iran denominated in the Iranian rial
• The purchase, subscription to, or facilitation of the issuance of Iranian sovereign debt, and
• Transactions with Iran’s automotive sector

It should be noted however that the carriage to or from Iran of graphite, raw, or semi-finished metals such as aluminium and steel, coal, and software for integrating industrial processes is permissible if:

• The cargo is not subject of a medium for barter, swap, or any other exchange or transaction.
• it is not listed as an asset of the Government for purposes of the national balance sheet.
• The cargo is not to be used in connection with the energy, shipping, or shipbuilding sectors of Iran or any sector of the Iranian economy determined to be controlled directly or indirectly by Iran’s Revolutionary Guard Corps; or if the material is resold, retransferred, or otherwise supplied to an end-user in one of these sectors.
• The cargo is not sold, supplied or transferred to or from a person/entity on the SDN list, or resold, retransferred, or otherwise supplied to such a person.
• The cargo is not determined to be used in connection with the nuclear, military or ballistic missile programs of Iran, or resold, retransferred or otherwise supplied for one of these programs.

The previously announced wind-down period running until November 4 for certain categories of otherwise sanctionable activities remains in effect. This includes all petroleum-related transactions and activities involving Iran’s oil and energy sectors. Members are reminded that all such activity must however be carried out pursuant to a contract dated prior to 8 May 2018 and they should not enter into “new business”, i.e. pursuant to a contract after that date. To do so may expose them to U.S. secondary sanctions.

Further details on sanctions against Iran can be found on our dedicated sanctions webpage. Any Member with specific questions concerning these measures and any other sanctions matters should contact the Managers.