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

Criteria for designating a person U.K.

6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—

(a) has reasonable grounds to suspect that that person is an involved person, and

(b) considers that the designation of that person is appropriate, having regard to—

(i) the purposes stated in regulation 4, and

(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).

(2) In this regulation an “involved person” means a person who—

(a) is or has been involved in a relevant nuclear activity;

(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(3) Any reference in this regulation to being involved in a relevant nuclear activity includes being so involved in whatever way, and wherever, any actions constituting the involvement take place, and in particular includes—

(a) being responsible for, engaging in, providing support for, or promoting, or facilitating, a relevant nuclear activity;

(b) providing financial services M1 , or making available funds or economic resources M2 , that could contribute to a relevant nuclear activity;

(c) being involved in the supply to Iran of restricted goods or restricted technology, or in providing financial services relating to such supply; or

(d) being involved in assisting the contravention or circumvention of any relevant provision.

(4) In this regulation—

“relevant nuclear activity” means—

(a)

the proliferation or development of nuclear weapons in, or for use in, Iran, or an activity that could lead to the development of nuclear weapons in, or for use in, Iran, or

(b)

the development of a nuclear weapon delivery system in, or for use in, Iran;

“relevant provision” means—

(a)

any provision of Part 3 (Finance) or Part 5 (Trade),

(b)

any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or 5, or

(c)

any provision of resolution 2231;

“restricted goods” and “restricted technology” have the same meaning as they have in Chapter 1 of Part 5.

(5) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

Commencement Information

I1 Reg. 6 not in force at made date, see reg. 1(2)

I2 Reg. 6 in force at 25.3.2019 by S.I. 2019/627, reg. 8(1)(e)

Marginal Citations

M1 “financial services” is defined in section 61 of the Act.

M2 “funds” and “economic resources” are defined in section 60 of the Act.