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

CHAPTER 4 U.K. Interpretation of this Part and further provision

Interpretation of this Part U.K.

34.—(1) In this Part—

“graphite and relevant metals” means any thing falling within Annex VIIB to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010, as it had effect immediately before [F1 IP completion day], other than any thing for the time being falling within Annex Ⅰ to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;

“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M1 , other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;

“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;

“missile-list goods” means any thing specified in Security Council document S/2015/546, other than any thing which is missile-list technology;

“missile-list technology” means any thing specified in Security Council document S/2015/546 which is described as software or technology;

“nuclear-list goods” means any thing for the time being specified in a relevant International Atomic Energy Agency list, other than any thing which is nuclear-list technology;

“nuclear-list technology” means any thing for the time being specified in a relevant International Atomic Energy Agency list and which is described as software or technology;

“other restricted goods” means any thing falling within Part II.A (goods) of Annex II to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010, as it had effect immediately before [F2 IP completion day];

“other restricted technology” means any thing falling within Part II.B (technology) of Annex II to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010, as it had effect immediately before [F3 IP completion day];

“relevant enterprise resource planning software” means software used for financial accounting, management accounting, human resources, manufacturing, supply chain management, project management, customer relationship management, data services, or access control, and which is specifically designed for use in nuclear and military industries;

“technical assistance”, in relation to goods or technology, means—

(a)

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

(b)

any other technical service relating to the goods or technology;

F4 ...

“transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act.

(2) For the purposes of the definitions of “nuclear-list goods” and “nuclear-list technology”, a thing is “specified in a relevant International Atomic Energy Agency list” if—

(a) the thing is specified in either of the following International Atomic Energy Agency documents—

(i) INFCIRC/254/Rev.12/Part 1;

(ii) INFCIRC/254/Rev.9/Part 2; or

(b) where a different version of document INFCIRC/254/Part 1 or document INFCIRC/254/Part 2 is published on the United Nations website for the purposes of paragraph 2(a) of Annex B to resolution 2231, the thing is specified in such a version.

(3) For the purposes of this Part a person is to be regarded as “connected with” Iran if the person is—

(a) the Government of Iran or a public authority of the Government of Iran,

(b) an individual who is, or an association or combination of individuals who are, ordinarily resident in Iran,

(c) an individual who is, or an association or combination of individuals who are, located in Iran,

(d) a person, other than an individual, which is incorporated or constituted under the law of Iran,

(e) a person, other than an individual, which is domiciled in Iran, or

(f) a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person within any of sub-paragraphs (a) to (e).

(4) In this Part any reference to the United Kingdom includes a reference to the territorial sea.

Textual Amendments

F1 Words in reg. 34(1) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 5(5)(a); S.I. 2020/1514, reg. 5

F2 Words in reg. 34(1) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 5(5)(b); S.I. 2020/1514, reg. 5

F3 Words in reg. 34(1) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 5(5)(c); S.I. 2020/1514, reg. 5

F4 Words in reg. 34(1) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 5(5)(d); S.I. 2020/1514, reg. 5

Commencement Information

I1 Reg. 34 not in force at made date, see reg. 1(2)

I2 Reg. 34 in force at 25.3.2019 by S.I. 2019/627, reg. 8(1)(j)

I3 Reg. 34 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697 and S.I. 2018/165. There are other instruments which amend other parts of the Order.

Circumventing etc prohibitions U.K.

35.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a) to circumvent any of the prohibitions in Chapters 1 to 3 of this Part, or

(b) to enable of facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Commencement Information

I4 Reg. 35 not in force at made date, see reg. 1(2)

I5 Reg. 35 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Defences U.K.

36.—(1) Paragraph (2) applies where a person relies on a defence under Chapters 1 to 3 of this Part.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Commencement Information

I6 Reg. 36 not in force at made date, see reg. 1(2)

I7 Reg. 36 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)