As from 3 July 2008, the 2007 Dutch Sanction Regulation on Iran has been amended. This amendment entails the imposition of measures preventing specialised teaching or training of Iranian nationals of disciplines which would contribute to Iran's proliferation sensitive nuclear activities and development of nuclear weapon delivery systems.

Background

Section 17 of Resolution 1737 (2006) from the United Nations Security Council calls upon all States to exercise vigilance and prevent specialised teaching or training of Iranian nationals, within their territories or by their nationals, of disciplines which would contribute to Iran's proliferation sensitive nuclear activities and development of nuclear weapon delivery systems.

This statement has been reiterated in Section 6 of Common Position 2007/140/CFSP of the European Council which states that Member States shall, in accordance with their national legislation, take the necessary measures to prevent specialised teaching or training of Iranian nationals, within their territories or by their nationals, of disciplines which would contribute to Iran's proliferation sensitive nuclear activities and development of nuclear weapon delivery systems.

Implementation in The Netherlands

In The Netherlands, the aforementioned European Common Position has been implemented by amending the 2007 Dutch Sanction Regulation on Iran ('Sanctieregeling Iran 2007') regarding the following two points:

  1. It is forbidden to give Iranian nationals access to certain locations and data files such as plants from Urenco, the nuclear power plant in Borssele, etc.; and
  2. It is forbidden to provide specialised teaching or training to Iranian nationals without or in deviation of an exemption given by the Dutch Ministry of Education, Culture and Science, if that teaching or training can contribute to Iran's proliferation sensitive nuclear activities and development of nuclear weapon delivery systems. This probition does not apply to bachelor trainings as referred to in the Higher Education and Research Act.

The concept of 'specialised teaching or training' as mentioned under point two is interpreted broadly. Therefore, everyone who potentially offers and supplies 'specialised teaching or training' can be covered by this provision. Thus, this includes private individuals and businesses where a transfer of specialised teaching or training is taking place, regardless of whether or not such a transfer is taking place in the framework of an education registered in the Central Register for Training in the Higher Education.

Violation of the aforementioned point(s), constitutes an offence under the Dutch Economic Offences Act, possibly leading to prosecution.