The Iran (Sanctions) (Overseas Territories) Order 2016

PART 2 Restricted goods etc.

Offences related to restricted goods

9.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) restricted goods—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of restricted goods if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of restricted goods—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of restricted goods—

(a) by any Iranian person; or

(b) for use in Iran.

(5) It is an offence for a person (“P”) to knowingly enter into any arrangement for participation, or increase in participation, in any Iranian person that P knows, or has reasonable cause to suspect, is engaged in the manufacture of restricted goods.

(6) In paragraph (5), “participation” includes the making of loans or credit.

(7) It is an offence for a person to knowingly purchase, import or transport from Iran (directly or indirectly) restricted goods.

(8) This article does not apply in respect of—

(a) non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the European Union and its Member States in Iran; or

(b) the transfer (direct or indirect) to, or for use in or for the benefit of, Iran through the Territory of items referred to in paragraph 2(c), subparagraph 1 of Annex B to resolution 2231 (2015) for light water reactors.

Offences related to goods and technology listed in Annex I to the Council Regulation

10.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) goods and technology listed in Annex I to the Council Regulation or other relevant goods—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of goods and technology listed in Annex I to the Council Regulation or other relevant goods if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of goods and technology listed in Annex I to the Council Regulation or other relevant goods—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of goods and technology listed in Annex I to the Council Regulation or other relevant goods—

(a) by any Iranian person; or

(b) for use in Iran.

(5) It is an offence for a person (“P”) to knowingly enter into any arrangement with an Iranian person (“I”), or any person acting on I’s behalf or at I’s direction, if P knows, or has reasonable cause to suspect, the arrangement would enable I to participate, or increase I’s participation, in commercial activities involving—

(a) uranium mining; or

(b) production or use of nuclear materials as listed in Part 1 of the Nuclear Suppliers Group list, as set out in Annex I to the Council Regulation.

(6) In paragraph (5), “arrangement” includes the acceptance of loans or credit.

(7) It is an offence for a person to knowingly purchase, import or transport from Iran (directly or indirectly) goods and technology listed in Annex I to the Council Regulation.

(8) In this article, “other relevant goods” means any goods and technology which the person has been informed by the Governor could contribute to reprocessing- or enrichment-related or heavy water-related activities inconsistent with the JCPOA.

(9) This article is subject to articles 11 and 21.

Licences related to article 10

11.—(1) The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 10.

(2) A person is not guilty of an offence under article 10 in respect of anything done under the authority of a licence granted by the Governor.

(3) A licence may not be granted authorising the supply, sale, transfer or export to Iran of equipment referred to in paragraph 2(c), subparagraph 1 of Annex B to resolution 2231 (2015) for light water reactors unless the Governor is satisfied—

(a) requirements, as appropriate, of the Guidelines referred to in paragraph 22(c) of resolution 2231 (2015) have been met; and

(b) the Governor has obtained, and is in a position to exercise effectively, a right to verify the end-use and end-use location of any supplied item.

(4) A licence for any activity to which this paragraph applies may not be granted unless the Governor is satisfied—

(a) all activities are undertaken strictly in accordance with the JCPOA;

(b) requirements, as appropriate, of the Guidelines referred to in paragraph 22(c) of resolution 2231 (2015) have been met; and

(c) the Governor has obtained, and is in a position to exercise effectively, a right to verify the end-use and end-use location of any supplied item.

(5) Paragraph (4) applies to activities mentioned in article 10(1) to (4) that are directly related to—

(a) the modification of two cascades at the Fordow facility for stable isotope production;

(b) the export of Iran’s enriched uranium in excess of 300 kilograms in return for natural uranium; or

(c) the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, the agreed final design of such reactor.

Offences related to goods and technology listed in Annex II to the Council Regulation

12.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) goods and technology listed in Annex II to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of goods and technology listed in Annex II to the Council Regulation if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of goods and technology listed in Annex II to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of goods and technology listed in Annex II to the Council Regulation—

(a) by any Iranian person; or

(b) for use in Iran.

(5) It is an offence for a person (“P”) to knowingly enter into any arrangement with an Iranian person (“I”), or any person acting on I’s behalf or at I’s direction, if P knows, or has reasonable cause to suspect, the arrangement would enable I to participate, or increase I’s participation, in commercial activities involving technologies listed in Annex II to the Council Regulation.

(6) In paragraph (5), “arrangement” includes the acceptance of loans or credit.

(7) It is an offence for a person to knowingly purchase, import or transport from Iran (directly or indirectly) goods and technology listed in Annex II to the Council Regulation.

(8) This article is subject to articles 13 and 21.

Licences related to article 12

13.—(1) The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 12.

(2) A person is not guilty of an offence under article 12 in respect of anything done under the authority of a licence granted by the Governor.

(3) A licence may not be granted if the Governor has reasonable grounds to determine that the activity would contribute to reprocessing- or enrichment-related, heavy water-related, or other nuclear related activities inconsistent with the JCPOA.

(4) A licence may not be granted authorising the sale, supply, transfer or export of goods and technology listed in Annex II to the Council Regulation unless the Governor has obtained, and is in a position to exercise effectively, a right to verify the end-use and end-use location of any supplied item.

(5) A licence for any activity to which this paragraph applies may not be granted unless the Governor is satisfied—

(a) all activities are undertaken strictly in accordance with the JCPOA; and

(b) the Governor has obtained, and is in a position to exercise effectively, a right to verify the end-use and end-use location of any supplied item.

(6) Paragraph (5) applies to activities mentioned in article 12(1) to (4) that are directly related to—

(a) the modification of two cascades at the Fordow facility for stable isotope production;

(b) the export of Iran’s enriched uranium in excess of 300 kilograms in return for natural uranium; or

(c) the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, the agreed final design of such reactor.

Offences related to goods and technology listed in Annex III to the Council Regulation

14.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods—

(a) by any Iranian person; or

(b) for use in Iran.

(5) It is an offence for a person (“P”) to knowingly enter into any arrangement with an Iranian person (“I”), or any person acting on I’s behalf or at I’s direction, if P knows, or has reasonable cause to suspect, the arrangement would enable I to participate, or increase I’s participation, in commercial activities involving goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods.

(6) In paragraph (5), “arrangement” includes the acceptance of loans or credit.

(7) It is an offence for a person to knowingly purchase, import or transport from Iran (directly or indirectly) goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods.

(8) In this article, “other relevant nuclear goods” means any goods and technology which the person has been informed by the Governor could contribute to the development of nuclear weapon delivery systems.

Offences related to software listed in Annex VIIA to the Council Regulation

15.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) software listed in Annex VIIA to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of software listed in Annex VIIA to the Council Regulation if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of software listed in Annex VIIA to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of software listed in Annex VIIA to the Council Regulation—

(a) by any Iranian person; or

(b) for use in Iran.

(5) This article is subject to articles 17 and 21.

Offences related to graphite and raw or semi-finished metals listed in Annex VIIB to the Council Regulation

16.—(1) It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) graphite and raw or semi-finished metals listed in Annex VIIB to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(2) It is an offence for a relevant person (“RP”) to knowingly use a ship, aircraft or vehicle to which article 19(1) applies for the carriage of graphite and raw or semi-finished metals listed in Annex VIIB to the Council Regulation if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(3) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of graphite and raw or semi-finished metals listed in Annex VIIB to the Council Regulation—

(a) to any Iranian person; or

(b) for use in Iran.

(4) It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of graphite and raw or semi-finished metals listed in Annex VIIB to the Council Regulation—

(a) by any Iranian person; or

(b) for use in Iran.

(5) This article does not apply in respect of goods listed in Annex I, II or III to the Council Regulation or in Annex I to Council Regulation (EC) No. 428/2009 of 5 May 2009(1) setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

(6) This article is subject to articles 17 and 21.

Licences related to articles 15 and 16

17.—(1) The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 15 or 16.

(2) A person is not guilty of an offence under article 15 or 16 in respect of anything done under the authority of a licence granted by the Governor.

(3) A licence may not be granted authorising the sale, supply, transfer or export of software listed in Annex VIIA, or graphite and raw or semi-finished metals listed in Annex VIIB, to the Council Regulation if the Governor has reasonable grounds to determine that the sale, supply, transfer or export is for or may be intended for use in connection with—

(a) reprocessing- or enrichment-related, heavy water-related, or other nuclear-related activities inconsistent with the JCPOA;

(b) Iran’s military or ballistic missile programme; or

(c) the direct or indirect benefit of the Iranian Revolutionary Guard Corps.

(4) A licence may not be granted authorising any activity referred to in article 15 or 16 unless the Governor is satisfied that the contracts in respect of the activity include appropriate end-user guarantees.

Offences related to provision of services to ships and aircraft carrying prohibited goods

18.—(1) It is an offence for a person (“P”) to knowingly provide a relevant service to—

(a) a ship owned or controlled (directly or indirectly) by an Iranian person; or

(b) a cargo aircraft owned or controlled (directly or indirectly) by an Iranian person,

where P knows or has reasonable cause to believe that the ship or aircraft is carrying prohibited goods.

(2) For the purposes of paragraph (1), “relevant service” means—

(a) any servicing of a ship, including bunkering or ship supply services; or

(b) in the case of a cargo aircraft, engineering or maintenance services.

(3) Paragraph (1) applies until any cargo being carried by the ship or aircraft has been inspected and, if necessary, seized and disposed of.

(4) This article does not apply if the relevant service is necessary for humanitarian and safety purposes.

Additional provisions in relation to ships, aircraft and vehicles

19.—(1) For the purpose of articles 9(2), 10(2), 12(2), 14(2), 15(2) and 16(2), this article applies to—

(a) a ship, aircraft or vehicle within the Territory;

(b) a ship or aircraft registered in the Territory; or

(c) any other ship or aircraft that is for the time being chartered to a person mentioned in article 2(1)(a) or (b).

(2) Articles 9(2), 10(2), 12(2), 14(2), 15(2) and 16(2) are without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

(1)

O.J.L. 134 29/5.2009, p.1.