The Iran (Restrictive Measures) (Overseas Territories) Order 2012

Provisions supplementary to articles 23 to 25

This section has no associated Explanatory Memorandum

26.—(1) A person (“P”) to whom this Order applies commits an offence if P discloses information given or a document produced by a person in accordance with a request made under article 23, 24 or 25 except—

(a)to any person who would have been authorised to request the information or document under article 23, 24 or 25, or to any person holding or acting in any office under or in the service of—

(i)the Crown in right of the Government of the United Kingdom,

(ii)the Government of the Isle of Man,

(iii)the States of Guernsey or Alderney or the Chief Pleas of Sark,

(iv)the States of Jersey, or

(v)the Government of any British overseas territory;

(b)for the purpose of giving assistance pursuant to any resolution of the Security Council of the United Nations relating to Iran, and with the authority of the Governor, to—

(i)any organ of the United Nations, or

(ii)any person in the service of the United Nations, the Council of the European Union, the European Commission or the government of any country;

(c)with a view to instituting, or otherwise for the purposes of, any proceedings—

(i)in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or

(ii)in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory, for an offence under a similar provision in any such jurisdiction;

(d)to the Financial Services Authority of the United Kingdom, or to the relevant authority with responsibility in any other country or territory for the regulation and supervision of financial services business;

(e)with the consent of a person, who in the person’s own right, is entitled to the information, or to possession of the document, to any third party.

(2) In paragraph (1)(e) “in the person’s own right” means not merely in the capacity as a servant or agent of another person.

(3) Any power conferred by article 23, 24 or 25 to request for inspection information, a document, cargo or goods includes a power to specify the form in which the information or document should be given, and the period within which the information, document, goods or cargo should be produced for inspection.

(4) This article and articles 23 to 25 are without prejudice to any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.