The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024

Amendment of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019

5.—(1) The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““director disqualification licence” means a licence under regulation 40A;”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 18A (director disqualification sanctions).”.

(4) After regulation 18 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

18A.   A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986(2), and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002(3).”.

(5) After regulation 40 (Treasury licences), insert—

“Director disqualification licences

40A.   The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 18A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.”.

(6) In regulation 42 (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

(7) After regulation 43 (Finance: licensing offences), insert—

“Director disqualification: licensing offences

43A.— (1) A person (“P”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.”.

(8) In regulation 54(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(9) In regulation 56(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “43A (director disqualification: licensing offences),”.

(10) After regulation 61(3) (trade enforcement: application of CEMA) insert—

“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—

(a) regulation 22(3) (supply and delivery of restricted goods from a third country to Iran) insofar as the offence does not relate to military goods, missile-list goods, nuclear-list goods, other restricted goods, graphite and relevant metals;

(b) regulation 23(3) (making available restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and military technology, missile-list goods and missile-list technology, nuclear-list goods and nuclear-list technology, other restricted goods and other restricted technology, and graphite and relevant metals;

(c) regulation 25(3) (technical assistance relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and military technology, missile-list goods and missile-list technology, nuclear-list goods and nuclear list technology, other restricted goods and restricted technology, or graphite and relevant metals;

(d) regulation 26(5) (financial services and funds relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and military technology, missile-list goods and missile-list technology, nuclear-list goods and nuclear-list technology, other restricted goods and restricted technology, or graphite and relevant metals;

(e) regulation 27(3) (brokering services: non-UK activity relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and military technology, missile-list goods and missile list technology, nuclear-list goods and nuclear-list technology, other restricted goods and restricted technology, or graphite and relevant metals.”.

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 44(1) or (2), 52(6) and 53(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 41 (trade licences), and

(b) the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 35(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.

(11) After paragraph (6) insert—

“(7) Any term in this regulation that is defined in regulation 34 (interpretation of Part 5: Trade) bears the same meaning as in that regulation.”.

(1)

S.I. 2019/461, amended by S.I. 2019/843; S.I. 2020/591; S.I. 2020/950; S.I. 2022/500; S.I. 2022/819; S.I. 2023/121; and S.I. 2023/149.

(2)

1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).

(3)

S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.