JCPOA Implementation Day Guidance: Section III (Sanctions List Removals)

III. Sanctions List Removals

In addition to the measures described above, to implement its commitments under the JCPOA,
on Implementation Day, the USG removed the individuals and entities specified in Attachment 3
to Annex II of the JCPOA from the SDN List, FSE List, and/or NS-ISA List, as appropriate.
73
See Attachment 3 to Annex II of the JCPOA for the list of individuals and entities that were
removed from these lists on Implementation Day. OFAC published information regarding its
actions to give effect to these removals on its website on Implementation Day, and will
subsequently publish a notice of the removal actions in the
Federal Register.74

A. Non-applicability of certain secondary sanctions authorities

As a result of these removals, beginning on Implementation Day, non-U.S. persons are no longer
subject to secondary sanctions for engaging in transactions with the individuals and entities set
out in Attachment 3 to Annex II of the JCPOA, including the CBI and other Iranian financial
institutions, provided that the transactions do not involve conduct described in sections VII.B-C
below or individuals or entities who remain or are placed on the SDN List
. Those individuals
and entities set out in Attachment 3 to Annex II of the JCPOA that were previously designated
for sanctions have had those designations removed.
75 In addition, all individuals and entities
listed in Attachment 3 to Annex II of the JCPOA were removed from the SDN List and/or, where
applicable, the FSE List and the NS-ISA List.
76 As a result of these actions, the following
statutory sanctions authorities will no longer apply to transactions with these individuals and
entities:

  • Section 104(c)(2)(E)(ii)(I) of CISADA (correspondent or payable-through account
    sanctions with respect to FFIs that knowingly facilitate a significant transaction or
    transactions or provide significant financial services for a person whose property or
    interests in property are blocked in connection with Iran’s proliferation of WMD or their
    means of delivery);
    77
  • Section 1245(d) of NDAA 2012 (correspondent or payable-through account sanctions for
    significant financial transactions by FFIs with a designated Iranian financial institution);
  • Section 1244(c)(1) of IFCA (blocking sanctions with respect to persons who knowingly
    provide significant financial, material, technological, or other support to, or goods or
    services in support of any activity or transaction on behalf of or for the benefit of any
    Iranian person on the SDN List, other than an Iranian financial institution whose property
    and interests in property are blocked solely pursuant to E.O. 13599);
  • Section 1246(a)(1)(B)(iii)(I) of IFCA (menu-based sanctions with respect to persons who
    knowingly provide underwriting services or insurance or reinsurance to or for any person
    designated for the imposition of sanctions in connection with Iran’s proliferation of
    WMD or their means of delivery);
    78 and
  • Section 1247(a) of IFCA (correspondent or payable-through account sanctions with
    respect to FFIs that knowingly facilitate a significant financial transaction on behalf of
    any Iranian person on the SDN List, other than an Iranian financial institution whose
    property and interests in property are blocked solely pursuant to E.O. 13599).

B. Continued blocking under E.O. 13599 and section 560.211 of the ITSR

Further, even after Implementation Day, individuals and entities meeting the definition of the
Government of Iran or an Iranian financial institution, as those terms are defined in sections
560.304 and 560.324 of the ITSR, remain persons whose property and interests in property are
blocked pursuant to E.O. 13599 and section 560.211 of the ITSR. As a result, U.S. persons
continue to be broadly prohibited from engaging in transactions or dealings with these
individuals and entities unless such transactions or dealings are exempt from regulation or
authorized by OFAC. U.S. persons also continue to have an obligation to block the property and
interests in property of all individuals and entities that meet the definition of the Government of
Iran or an Iranian financial institution, regardless of whether the individual or entity has been
identified by OFAC as meeting those definitions. Individuals and entities that have been
previously identified by OFAC as meeting the definition of the Government of Iran or an Iranian
financial institution are marked with an asterisk in Attachment 3 to Annex II of the JCPOA.
Following Implementation Day, these individuals and entities continue to meet the relevant
definitions and continue to be persons whose property and interests in property are blocked
pursuant to E.O. 13599 and section 560.211 of the ITSR.
79 To assist U.S. persons in meeting
their primary sanctions obligations under the ITSR with respect to these persons, OFAC has
made available on its website a list of persons identified as blocked solely pursuant to E.O.
13599 (E.O. 13599 List).

Please be advised that, under the ITSR, U.S. persons continue to have an obligation to block the
property and interests in property of individuals and entities listed in Attachment 3 to Annex II of
the JCPOA that do not have an asterisk next to their name and are not included on the E.O.
13599 List if such persons meet the definition of either the Government of Iran or an Iranian
financial institution as set forth in section 560.304 or 560.324 of the ITSR, respectively.

Non-U.S. persons will not be subject to secondary sanctions for engaging in transactions with the
individuals and entities listed on the E.O. 13599 List, provided that the transactions do not
involve conduct described in sections VII.B-C below or individuals or entities who remain or are
placed on the SDN List
. See section III.A above.

For additional information on the sanctions list removals discussed in this section, please see
section I of the
JCPOA FAQs.

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