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

General

Restrictions on claims etc

46.—(1) A claim in connection with a contract or transaction, the performance of which has been affected (directly or indirectly) in whole or in part by this Order, must not be satisfied if it is made by—

(a) a designated person, entity or body listed in Annex VIII or IX of the Council Regulation,

(b) any other Iranian person, entity or body, including the Government of Iran, or

(c) any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in sub-paragraph (a) or (b).

(2) For the purpose of paragraph (1), the performance of a contract or transaction is to be regarded as having been affected by this Order where the existence or content of the claim results (directly or indirectly) from any provision of this Order.

(3) In any proceedings for the enforcement of a claim, it is for the person seeking enforcement to prove that satisfaction of the claim is not prohibited by paragraph (1).

(4) This article is without prejudice to the right of any person, entity or body referred to in paragraph (1) to judicial review of the legality of the non-performance of contractual obligations in accordance with this Order.

Evidence and information

47.  Schedule 5 (which contains further provisions about obtaining evidence and information) has effect.

Penalties

48.—(1) A person guilty of an offence under article 4, 5, 6, 7, 8, 9, 10(1)(a), 11(1)(a), 12(1)(a), 15(1)(a), 16 or 20 is liable—

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

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(2) A person guilty of an offence under article 10(1)(b) to (d), 11(1)(b) or (c), 12(1)(b) or (c), 13, 14, 15(1)(b) or (c), 17, 18, 19, 23(5)(c), 24(4)(b), 25(4)(b), 27 to 33, 35, 37 to 42 or paragraph 4(b) or (d) of Schedule 5 is liable—

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

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(3) A person guilty of an offence under article 22(2)(b), 44 or paragraph 2(4) of Schedule 5 is liable—

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

(b) on summary conviction to a fine not exceeding £5,000 or its equivalent or to both.

(4) A person guilty of an offence under article 23(5)(a), (b) or (c), 24(4)(a) or (c), 25(4)(a) or (c), 26, 36 or paragraph 4(a) or (c) of Schedule 5 is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(5) A person guilty of an offence under article 21, 22(2)(a) or 22(5) is liable on summary conviction to a fine not exceeding £5,000 or its equivalent.

(6) If an offence under this Order 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 the part of an officer of the body corporate,

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

(7) This article applies to—

(a) the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2,

(b) the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 3, and

(c) St Helena, Ascension and Tristan da Cunha as set out in Schedule 4.

Proceedings

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

(2) Summary proceedings for an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.

(3) No proceedings for an offence may be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.

(4) Irrespective of whether such consent has been obtained, paragraph (3) does not prevent—

(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or

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

(5) In this article “offence” means an offence under this Order.

(6) This article applies to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.

Functions of the Governor

50.—(1) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under this Order to any person, or class or description of persons.

(2) References in this Order to the Governor are to be construed accordingly.

(3) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling and sums expressed in Euros in this Order.

Miscellaneous

51.—(1) Any provision of this Order which makes it an offence to act except under the authority of a licence granted by the Governor does not have effect if—

(a) the act is done anywhere other than the Territory, and

(b) the act is done under the authority of a licence granted in accordance with the law in force in the place where it is done corresponding to the provisions of this Order.

Liability

52.  No liability will arise for any person concerned in the freezing of funds or economic resources in accordance with article 27 unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.

Revocations

53.  The following Orders are revoked—

(a) The Iran (United Nations Measures) (Overseas Territories) Order 2007, and

(b) the Iran (United Nations Measures) (Overseas Territories) (Amendment) Order 2007.

Savings

54.  A licence which was granted by the Governor under the Iran (United Nations Measures) (Overseas Territories) Order 2007 and was in effect immediately before the coming into force of this Order has effect as if it were an authorisation granted under this Order.