The Iraq (Sanctions) (EU Exit) Regulations 2020

CHAPTER 2 Military goods and military technology

Export of military goods

17.—(1) The export of military goods to, or for use in, Iraq is prohibited.

(2) Paragraph (1) is subject to Part 5 (Exceptions and licences).

Supply and delivery of military goods

18.—(1) A person must not directly or indirectly supply or deliver military goods from a third country to a place in Iraq.

(2) Paragraph (1) is subject to Part 5 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Iraq.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Iraq.

Making military goods and military technology available

19.—(1) A person must not—

(a) directly or indirectly make military goods or military technology available to a person connected with Iraq;

(b) directly or indirectly make military goods or military technology available for use in Iraq.

(2) Paragraph (1) is subject to Part 5 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iraq;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Iraq.

Transfer of military technology

20.—(1) A person must not—

(a) transfer military technology to a place in Iraq;

(b) transfer military technology to a person connected with Iraq.

(2) Paragraph (1) is subject to Part 5 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Iraq;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iraq.

Brokering services: non-UK activity relating to military goods and military technology

21.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a) the direct or indirect supply or delivery of military goods from a third country to a place in Iraq,

(b) directly or indirectly making military goods available in a third country for direct or indirect supply or delivery—

(i) to a person connected with Iraq, or

(ii) to a place in Iraq,

(c) directly or indirectly making military technology available in a third country for transfer—

(i) to a person connected with Iraq, or

(ii) to a place in Iraq, or

(d) the transfer of military technology from a place in a third country—

(i) to a person connected with Iraq, or

(ii) to a place in Iraq.

(2) Paragraph (1) is subject to Part 5 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“third country” means—

(a)

for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Iraq, and

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Iraq.