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

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This is the original version (as it was originally made).

PART 10Supplementary and final provision

Notices

71.—(1) This regulation applies in relation to a notice required by regulation 42 (licences: general provisions) to be given to a person.

(2) The notice may be given to an individual—

(a)by delivering it to the individual,

(b)by sending it to the individual by post addressed to the individual at his or her usual or last-known place of residence or business, or

(c)by leaving it for the individual at that place.

(3) The notice may be given to a person other than an individual—

(a)by sending it by post to the proper officer of the body at its principal office, or

(b)by addressing it to the proper officer of the body and leaving it at that office.

(4) The notice may be given to the person by other means, including by electronic means, with the person’s consent.

(5) In this regulation, the reference in paragraph (3) to a “principal office”—

(a)in relation to a registered company, is to be read as a reference to the company’s registered office;

(b)in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body’s principal office in the United Kingdom (if any).

(6) In this regulation—

“proper officer”—

(a)

in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body’s general affairs, and

(b)

in relation to a partnership, means a partner or a person who has the control or management of the partnership business;

“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.

Article 20 of the Export Control Order 2008

72.  Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 5 (Trade).

Trade: overlapping offences

73.  A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—

(a)article 34, 35, 37 or 38 of that Order, and

(b)any provision of Part 5 (Trade) or regulation 44 (trade: licensing offences), 52(6) or 53(5) (offences in connection with record-keeping).

Revocations

74.—(1) Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 is revoked.

(2) The Iran (European Union Financial Sanctions) Regulations 2016(1) are revoked.

(3) The Export Control (Iran Sanctions) Order 2016(2) is revoked.

(4) The Iran (Financial Sanctions) Order 2007(3) is revoked.

Transitional provision: Treasury licences

75.—(1) Paragraphs (2) to (4) apply to a licence which—

(a)was granted, or deemed to be granted, by the Treasury under regulation 9 of the 2016 Regulations(4),

(b)was in effect immediately before the relevant date, and

(c)authorises conduct which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited under Part 3 (Finance),

and such a licence is referred to in this regulation as “an existing financial sanctions licence”.

(2) An existing financial sanctions licence has effect on and after the relevant date as if it had been issued by the Treasury under regulation 40(1) (Treasury licences).

(3) Any reference in an existing financial sanctions licence to the 2016 Regulations is to be treated on and after the relevant date as a reference to these Regulations.

(4) Any reference in an existing financial sanctions licence to a prohibition in—

(a)the 2016 Regulations, or

(b)the EU Iran Regulation,

is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 3.

(5) Paragraph (6) applies where—

(a)an application for a licence, or for the variation of a licence, under the 2016 Regulations was made before the relevant date,

(b)the application is for the authorisation of conduct which would (on and after the relevant date) be prohibited under Part 3, and

(c)a decision to grant or refuse the application has not been made before that date.

(6) The application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 40(1) (Treasury licences).

(7) In paragraphs (3) and (4), a reference to the 2016 Regulations is to be treated as including a reference to—

(a)the Iran (European Community Financial Sanctions) Regulations 2007(5),

(b)the Iran (European Union Financial Sanctions) Regulations 2010(6), or

(c)the Iran (European Union Financial Sanctions) Regulations 2012(7).

(8) In this regulation—

“the 2016 Regulations” means the Iran (European Union Financial Sanctions) Regulations 2016;

“the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 3 comes into force.

Transitional provision: trade licences

76.—(1) Paragraphs (2) to (4) apply to a licence or authorisation granted by the Secretary of State which—

(a)was in effect immediately before the relevant date, and

(b)authorises an act—

(i)which would otherwise be prohibited by the EU Iran Regulation, and

(ii)which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 5 (Trade),

and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.

(2) An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Secretary of State under regulation 41 (trade licences).

(3) Any reference in an existing trade sanctions licence to a provision of the Export Control (Iran Sanctions) Order 2016 or the Export Control Order 2008 is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations (if any).

(4) Any reference in an existing trade sanctions licence to a prohibition in the EU Iran Regulation is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5 (Trade).

(5) In this regulation, “the relevant date” means—

(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;

(b)otherwise, the date on which Part 5 comes into force.

Transitional provision: pending applications for trade licences

77.—(1) Paragraph (2) applies where—

(a)an application was made before the relevant date for a licence or authorisation under the Export Control (Iran Sanctions) Order 2016 or the EU Iran Regulation,

(b)the application is for authorisation of an act prohibited by Part 5 (Trade), and

(c)a decision to grant or refuse the application has not been made before the relevant date.

(2) The application is to be treated on and after the relevant date as an application for a licence under regulation 41 (trade licences).

(3) In this regulation, “the relevant date” means—

(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;

(b)otherwise, the date on which Part 5 comes into force.

Transitional Provisions: prior obligations

78.—(1) Where—

(a)a person was named in Annex ⅠX of the EU Iran Regulation immediately before the relevant date, and

(b)the person is a designated person immediately before the relevant date,

any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to the date on which the person was named in that Annex.

(2) Where, immediately before the coming into force of regulation 10 (designation of persons named by or under UN Security Council Resolutions), a person was named for the purposes of paragraph 6(c) of Annex B to resolution 2231 by the Security Council or the Committee, any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to—

(a)the date on which the person was named on the list established by the Committee pursuant to resolution 1737, or

(b)if the person was not named on that list, the date on which the person was otherwise named for the purposes of paragraph 6(c) of Annex B to resolution 2231.

(3) The provisions referred to in paragraphs (1) and (2) are—

(a)regulation 37(5) (finance: exceptions from prohibitions), and

(b)paragraphs 5(b)(i) and 6(1)(a) of Schedule 2 (Treasury licences: purposes).

(4) In paragraph (1), the reference to the date on which a person was named in Annex IX of the EU Iran Regulation—

(a)if the person had previously been named in Annex V of the 2007 EU Iran Regulation, is to be read as the date on which the person was named in that Annex;

(b)if the person had previously been named in Annex VIII of the 2010 EU Iran Regulation but not in Annex V of the 2007 EU Iran Regulation, is to be read as the date on which the person was named in Annex VIII of the 2010 EU Iran Regulation.

(5) In this regulation—

“the 2007 EU Iran Regulation” means Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran(8);

“the 2010 EU Iran Regulation” means Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007(9);

“designated person” has the same meaning as it has in Part 3 (Finance);

“the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 3 comes into force.

(4)

Regulation 21 of the 2016 Regulations saved licences granted under certain instruments revoked by the 2016 Regulations.

(5)

S.I. 2007/1374. These Regulations were revoked by S.I. 2010/2937

(6)

S.I. 2010/2937. These Regulations were revoked by S.I. 2012/925.

(7)

S.I. 2012/925. These Regulations were revoked by S.I. 2016/36.

(8)

OJ L 103, 20.4.2007, p. 1.

(9)

OJ L 281, 27.10.2010, p. 1.

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