The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019

CHAPTER 3 U.K. Other trade restrictions relation to Iran

Arrangements relating to uranium mining and certain restricted goods and technology U.K.

32.—(1) A person must not enter into an arrangement with a relevant person (“P”) where the object or effect of that arrangement is to enable P to participate in, or increase P's participation in—

(a) a commercial activity involving uranium mining;

(b) a commercial activity involving the production or use of nuclear-list goods falling within paragraph (2) or nuclear-list technology falling within paragraph (2);

(c) a commercial activity involving missile-list goods or missile-list technology;

(d) a commercial activity involving the production of military goods or military technology; or

(e) a commercial activity involving other restricted goods or other restricted technology.

(2) Nuclear-list goods and nuclear-list technology fall within this paragraph if they are specified from time to time in the International Atomic Energy Agency document mentioned in regulation 34(2)(a)(i) or in any different version of that document as mentioned in regulation 34(2)(b).

(3) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) commits an offence but it is a defence to show that the person did not know and had no reasonable cause to suspect that the arrangement was an arrangement mentioned in that paragraph.

(5) In this regulation—

“arrangement” includes the acceptance of a loan or credit from a relevant person;

“commercial activity” means an activity which is carried on for a commercial purpose;

“participation” includes participation independently or as part of a joint venture or partnership (and “participate” is to be construed accordingly);

“relevant person” means—

(a)

a person connected with Iran;

(b)

any person acting on behalf of, or at the direction of, a person connected with Iran.

(6) Nothing in this regulation is to be taken to limit the meaning of any prohibition in Chapter 1 or 2.

Commencement Information

I1 Reg. 32 not in force at made date, see reg. 1(2)

I2 Reg. 32 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Services in relation to certain ships and aircraft U.K.

33.—(1) A person must not provide—

(a) bunkering or ship supply services in relation to a ship owned or controlled, directly or indirectly, by a person connected with Iran, where the ship is carrying relevant restricted items;

(b) engineering or maintenance services in relation to a cargo aircraft owned or controlled, directly or indirectly, by a person connected with Iran, where the aircraft is carrying relevant restricted items.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect—

(a) that the ship or aircraft in question was owned or controlled, directly or indirectly, by a person connected with Iran; or

(b) that the ship or aircraft in question was carrying relevant restricted items.

(4) In this regulation—

“bunkering or ship supply services” includes—

(a)

the supply of goods for use in a ship including fuel and spare parts, whether or not for immediate use, and

(b)

any other servicing of a ship;

“relevant restricted items” means any military goods, military technology, missile-list goods or missile-list technology which have been, or are being, dealt with in contravention of a prohibition—

(a)

in any of regulations 21 to 24 (trade prohibitions relating to restricted goods and restricted technology),

(b)

in any of regulations 28 to 31 (import, supply, transfer etc of goods and technology from Iran), or

(c)

imposed by a condition of a trade licence in relation to a prohibition mentioned in paragraph (i) or (ii);

“ship” and “aircraft” have the meanings given in paragraph 37 of Schedule 1 to the Act.

Commencement Information

I3 Reg. 33 not in force at made date, see reg. 1(2)

I4 Reg. 33 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)