The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime under that Act relating to nuclear activities in Iran. These Regulations are made for the purpose of complying with United Nations obligations and for the purposes of: encouraging Iran to abandon nuclear weapons programmes; restricting the ability of Iran to develop nuclear weapons and nuclear weapons delivery systems; and promoting implementation of the Joint Comprehensive Plan of Action agreed by Iran and others in 2015.

Following the UK's withdrawal from the European Union, these Regulations will replace the corresponding EU sanctions regime which is currently implemented via an EU Council Decision and Regulation.

These Regulations provide that persons who are listed by the UN are designated persons in the UK. The Regulations also confer a power on the Secretary of State to designate further persons who are, or have been, involved in activities related to the proliferation or development of nuclear weapons or nuclear weapons delivery systems in relation to Iran. Designated persons are excluded from the United Kingdom and are subject to financial sanctions, including having their funds and economic resources frozen.

These Regulations also impose trade restrictions in relation to specified goods and technology which are relevant to nuclear activities. They include military items and items on lists published by the UN and the International Atomic Energy Agency.

The Regulations provide for certain exceptions to this sanctions regime, in particular in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings) and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Secretary of State and the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial and trade sanctions. Schedule 3 to these Regulations sets out the purposes for which the Treasury will issue such licences.

The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and set out the penalties that apply to such offences. The Regulations also confer powers on specified maritime enforcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contravention, of those prohibitions.

Council Regulation (EU) No 267/2012 of 23 March 2012 (restrictive measures against Iran) is revoked by these Regulations. The Iran (European Union Financial Sanctions) Regulations 2016, the Export Control (Iran Sanctions) Order 2016, and the Iran (Financial Sanctions) Order 2007 are also revoked by these Regulations.

The UN Security Council documents relating to this sanctions regime, including lists of goods and technology referred to in UN Security Council resolution 2231, which are mentioned in regulation 34, are available at https://www.un.org/securitycouncil/content/2231/background.

The Harmonized Commodity Description and Coding System referred to in regulation 28 is available at: http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/hs-nomenclature-2017-edition/hs-nomenclature-2017-edition.aspx. A copy may be inspected free of charge by arrangement with HM Revenue and Customs at 100 Parliament Street, London SW1A 2BQ.

An Impact Assessment has not been produced for these Regulations, as they are intended to ensure existing sanctions remain in place following the United Kingdom's withdrawal from the European Union. These Regulations are intended to deliver substantially the same policy effects as the existing European Union sanctions. An Impact Assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.