The Council of Ministers, at its meeting on 26 November 2010 and, on the proposal of the Second Vice-President of the Government and Minister for Economic Affairs and Finance, has approved the Agreement establishing specifications for the implementation of Chapters IV and V of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007.

For general knowledge, this Secretariat of State has the publication in the "Official State Gazette" of the Agreement that is transcribed as an annex to this Resolution.

Madrid, 1 December 2010.-The Secretary of State for Economic Affairs, José Manuel Campa Fernández.

ANNEX

Agreement establishing specifications for the implementation of Chapters IV and V of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against and repealing Iran Regulation (EC) No 423/2007

Article 5.3 of Law 19/2003 of 4 July on the legal regime for the movement of capital and economic transfers with the outside world and on certain measures to prevent money laundering where Community rules laying down exceptional measures recognise the powers of the Member States or impose on them the necessary measures necessary for the proper application of those rules, the Government shall, by agreement, of the Council of Ministers, shall lay down the following specifications precise, including the applicable authorisation procedure, if applicable.

Council Regulation (EU) No 961/2010 of 25 October 2010 concerning restrictive measures against Iran and repealing Regulation (EC) No 423/2007 lays down in its Chapters IV and V certain obligations relating to: blocking, freezing or freezing and of notification and authorisation of transfers, for which the designation of a competent national authority and the approval of certain specifications relating to transfers are necessary in Spain. authorization and notification procedures.

In its virtue, on the proposal of the Second Vice President of the Government and Minister of Economy and Finance, the Council of Ministers at its meeting on November 26, 2010, agrees:

First. -Designate the Directorate-General of the Treasury and Financial Policy (Subdirectorate General of Inspection and Control of Capital Movements) as the competent authority in Spain in relation to requests for authorization for the release or making available of frozen, frozen or frozen funds or economic resources, including the relevant reporting and reporting obligations, in accordance with Articles 17, 18 and 19 of the Regulation (EU) No 961/2010 of the Council.

The following procedure shall be followed for the authorisation to release or make available frozen, frozen or frozen funds or economic resources in Spain:

1. The entity receiving a payment from persons or entities subject to the freezing, freezing or freezing measures contained in Council Regulation (EU) No 961/2010 shall immediately proceed to the block, freeze or freeze. freezing of funds or economic resources received. The freezing, freezing or freezing shall be immediately communicated in writing to the Directorate-General of the Treasury and Financial Policy (Paseo del Prado, 6, 28014 Madrid).

2. If the blocking, freezing or freezing is carried out, the receiving entity may submit a written request for the release of frozen, frozen or frozen funds or economic resources to be sent to the Directorate-General of the Treasury and Financial Policy. The application shall clearly and explicitly include the following elements:

Amount of payment received and blocked, frozen or fixed, form of payment, recipient, purpose of payment, date of receipt and date of execution of the block, freeze or immobilization. No application may be made in respect of payments not effectively received or not blocked, frozen or frozen.

Document credit date, payment letter, contract, agreement or obligation that motivates the funds to be sent.

The application shall be accompanied by a responsible declaration by the requesting entity that the contract, agreement or obligation shall not contribute to the manufacture, sale, purchase, transfer, export, import, transport, or or use of the goods and technology referred to in Annexes I, II, III and VI to Council Regulation (EU) No 961/2010 and shall not be made available directly or indirectly to natural or legal persons or to entities or bodies listed in Annexes VII and VIII to Council Regulation (EU) No 961/2010, or they shall use for the benefit of the same, no funds or economic resources. The application shall also be accompanied by an authentic copy of all documents relevant to its decision. Alternatively, the originals may be provided for their use by the administrative body.

In the cases provided for in Articles 17 and 19 of Council Regulation (EU) No 961/2010, applications for the release or making available of frozen, frozen or frozen funds or economic resources the persons concerned shall be drawn up by the persons concerned, who shall, in the circumstances provided for in Article 17 (1) (a), (b) and (c), in Article 19 (1) (a) or in the Article 19 (2) of Council Regulation (EU) No 961/2010. For these purposes, the persons referred to in Article 31 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall have the status of persons concerned.

3. Received the request in the Directorate General of the Treasury and Financial Policy, will proceed to its processing. The Directorate-General of the Treasury and Financial Policy shall make and notify the relevant decision within the maximum period of six months, without prejudice to the possibility of suspending the calculation of the time limit in the cases referred to in paragraph 5 of the Article 42 of Law No 30/1992 of 26 November 1992 and of the extension which may be relevant under the provisions of Article 49 of the same Law.

Second. -Designate the Directorate General of the Treasury and Financial Policy (Subdirectorate General of Inspection and Control of Capital Movements) as the competent authority in Spain in relation to the notifications and requests for the authorisation of transfers of funds from or to an Iranian person, entity or body, including the relevant reporting and reporting obligations, in accordance with Article 21 of Regulation (EU) No 139/2014. 961/2010 of the Council.

For the notification or authorisation of transfers from or to an Iranian person, entity or body, the following procedure shall be followed:

1. The notification or application for authorisation shall be made by the payment service provider of the payer or payee prior to the execution of the transfer. The Directorate-General of the Treasury and Financial Policy shall approve the electronic forms which shall include all data enabling the perfect identification of the payer, the payee, the transfer and the requesting entities, receiver, broadcaster, and, if applicable, intermediary.

2. The notifying entity or applicant shall declare that, having carried out the special examination of the transaction, it considers that the transfer does not involve the provision of financial services or the transfer of funds or financial or other resources. which may contribute to one of the activities referred to in Article 21.4 of Council Regulation (EU) No 961/2010 (activities related to the enrichment, reprocessing or heavy water of Iran; the development of weapon delivery systems) Iran's nuclear activities, the realization by Iran of related activities with other matters for which the IAEA has expressed concern, or which it considers to be a pending matter; the prohibited activities related to the exploration of oil and natural gas, the production of oil and natural gas, the refining or liquefaction of natural gas referred to in Articles 8, 9 and 11, by a legal person, entity or body of Iran).

3. Received the request in the Directorate General of the Treasury and Financial Policy, will proceed to its processing and resolution.

4. In accordance with Article 21.4 of Council Regulation (EU) No 961/2010, the applicant entity may consider authorisation granted after four weeks from the receipt of the application in the Directorate-General of the Treasury and Financial Policy if no express resolution has been passed within that period.

Third. -Enable the holder of the Directorate-General of the Treasury and Financial Policy to take the measures required by the correct application of this Agreement.

Fourth. -To instruct credit institutions and other bound subjects within the meaning of Article 2 of Law 10/2010 of 28 April to carry out the necessary measures to comply with Regulation (EU) No 961/2010 of the Council and of this Agreement.