The Iran (European Community Financial Sanctions) Regulations 2007

PART 4 U.K. Miscellaneous

Evidence and information U.K.

11.  The Schedule (which contains further provisions about evidence and information) has effect.

Commencement Information

I1 Reg. 11 in force at 3.5.2007, see reg. 1(1)

Penalties U.K.

12.—(1) A person guilty of an offence under regulation 6, 7, 9 or 10 or paragraph 4(b) or (d) of the Schedule is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(ii) in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

(2) A person guilty of an offence under paragraph 2(4) or 4(a) or (c) of the Schedule is liable on summary conviction—

(a) in England and Wales, to imprisonment for a period not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both;

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

(3) If an offence under these Regulations committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer of the body corporate, or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

Commencement Information

I2 Reg. 12 in force at 3.5.2007, see reg. 1(1)

Proceedings U.K.

13.—(1) Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.

(2) In England and Wales, summary proceedings for an offence may be tried by a magistrates’ court if any information is laid—

(a) before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to his knowledge, but

(b) not later than three years from the commission of the offence.

(3) In Scotland—

(a) summary proceedings for an offence may be commenced—

(i) before the end of 12 months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge, but

(ii) not later than three years from the commission of the offence; and

(b) section 136(3) of the Criminal Procedure (Scotland) Act 1995(1) (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(4) In Northern Ireland, summary proceedings for an offence may be instituted—

(a) before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to his knowledge, but

(b) not later than three years from the commission of the offence.

(5) For the purposes of this regulation—

(a) a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to his knowledge is conclusive evidence of that fact, and

(b) a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.

(6) In Scotland, where a constable reasonably believes that a person has committed or is committing an offence, he may arrest that person without a warrant.

(7) In Northern Ireland, regulation 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989(2) (arrest without warrant for arrestable offences) applies to an offence which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it, as if it were mentioned in paragraph (2) of that regulation.

(8) No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland.

(9) Whether or not such consent has been given, paragraph (8) does not prevent—

(a) the arrest of any person in respect of an offence, or

(b) the remand in custody or on bail of any person charged with an offence.

(10) In this regulation, “offence” means an offence under these Regulations.

Commencement Information

I3 Reg. 13 in force at 3.5.2007, see reg. 1(1)

Notices U.K.

14.—(1) This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 5(1)(b) or 10(4)(a).

(2) Any such notice may be given—

(a) by posting it to his last known address; or

(b) where the person is a body corporate, by posting it to the registered or principal office of the body corporate.

(3) Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to him at the first available opportunity.

Commencement Information

I4 Reg. 14 in force at 3.5.2007, see reg. 1(1)

Functions of the Treasury U.K.

15.—(1) The Treasury may, to such extent and subject to such restrictions and conditions as they may think proper, delegate or authorise the delegation of any of their functions under these Regulations (except regulation 4) to any person or description of persons.

(2) References in these Regulations to the Treasury are to be construed accordingly.

Commencement Information

I5 Reg. 15 in force at 3.5.2007, see reg. 1(1)

The Crown U.K.

16.—(1) These Regulations bind the Crown, subject to the following provisions of this regulation.

(2) No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Nothing in this regulation affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947(3) (meaning of Her Majesty in her private capacity) were contained in these Regulations.

Commencement Information

I6 Reg. 16 in force at 3.5.2007, see reg. 1(1)

Transitional provisions U.K.

17.  In relation to an offence under these Regulations committed before the commencement of section 283 of and paragraph 3 of Schedule 27 to the Criminal Justice Act 2003(4) (enabling powers: alteration of maximum penalties), the reference in regulation 12(1)(b)(i) to 12 months and the reference in regulation 12(2)(a) to 51 weeks shall have effect as if each were a reference to three months.

Commencement Information

I7 Reg. 17 in force at 3.5.2007, see reg. 1(1)

Amendments to the Iran (Financial Sanctions) Order 2007 U.K.

18.—(1) The Iran (Financial Sanctions) Order 2007(5) is amended in accordance with paragraphs (2) to (7).

(2) In the definition of “funds” in paragraph (1) of article 2, in sub-paragraph (c) for “derivative products” substitute “derivatives contracts”.

(3) In paragraphs (1) and (3) of article 6, omit “, directly or indirectly,”.

(4) After paragraph (1) of article 8, insert—

“(1A) Article 7 does not prevent a relevant institution from crediting a frozen account where it receives funds transferred to a frozen account by a third party.”.

(5) In paragraph (3) of article 8, after “an account” insert “with a relevant institution which is”.

(6) For paragraph 2(3) of the Schedule, substitute—

“(3) A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with article 8(1A).

(3A) A relevant institution which fails to comply with a requirement in sub-paragraph (1), (2) or (3) is guilty of an offence.”.

(7) In paragraph 3(1)(c) of the Schedule, omit “, directly or indirectly,”.

Commencement Information

I8 Reg. 18 in force at 3.5.2007, see reg. 1(1)

(1)

1995 c.46.

(2)

S.I. 1989/1341 (N.I. 12), to which there are amendments not relevant to these Regulations.

(3)

1947 c.44.

(4)

2003 c.44.

(5)

S.I. 2007/281.