The Iran (Sanctions) (Overseas Territories) Order 2016

PART 1 Freezing funds etc.

Dealing with funds and economic resources

4.—(1) It is an offence for a person (“P”), including the designated person, to deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.

(2) In paragraph (1), “deal with” means—

(a) in relation to funds—

(i) use, alter, move, allow access to or transfer,

(ii) deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination, or

(iii) make any other change that would enable use, including portfolio management; and

(b) in relation to economic resources, use to obtain funds, goods or services in any way, including by selling, hiring or mortgaging the resources.

(3) It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that—

(a) P is making the funds or economic resources so available; and

(b) in the case of economic resources, the designated person would be likely to exchange them, or use them in exchange, for funds, goods or services.

(4) It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds or economic resources so available.

(5) For the purposes of paragraph (4)—

(a) funds or economic resources are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the funds or economic resources; and

(b) “financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.

(6) No liability arises for any person concerned in the freezing of funds or economic resources in accordance with this article unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.

(7) This article is subject to articles 5, 7 and 21.

Credits to a frozen account

5.—(1) Nothing in article 4 prevents a person from crediting a frozen account with—

(a) interest or other earnings due on the account;

(b) payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account; or

(c) payments due under a judicial, administrative or arbitral lien or judgment.

(2) Nothing in article 4 prevents a relevant institution from crediting a frozen account where it receives funds transferred to the account.

Supply of financial messaging services

6.—(1) It is an offence for a person (“P”) to supply specialised financial messaging services, which are used to exchange financial data, to a designated person if P knows, or has reasonable cause to suspect, that P is supplying such a service to a designated person.

(2) This article is subject to articles 7 and 21.

Licences granted by the Governor in relation to article 4 or 6

7.—(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 4 or 6.

(2) A person is not guilty of an offence under article 4 or 6 in respect of anything done by the person under the authority of a licence granted by the Governor.

(3) A licence may, in particular, relate to—

(a) payment of basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;

(b) payment of reasonable professional fees and expenses associated with the provision of legal services;

(c) payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

(d) payment of necessary extraordinary expenses;

(e) satisfaction of a judicial, administrative or arbitral lien established, or judgment entered, before the designated person was so designated and not for the benefit of a designated person;

(f) payment by a designated person due under a contract or agreement concluded, or an obligation that arose, before the designated person was so designated provided that—

(i) the contract or arrangement is not related to an activity that constitutes an offence under this Order, and

(ii) the payment is not for the benefit of a designated person;

(g) payment necessary for—

(i) the civil nuclear cooperation projects described in Annex III to the JCPOA, or

(ii) activities directly related to the goods and technology listed in Annex I or II to the Council Regulation, or any other activity required for the implementation of the JCPOA;

(h) payment necessary for the official purposes of a diplomatic mission or consular post or international organisation enjoying immunities in accordance with international law, provided that the payment does not involve the release of funds or economic resources of a person listed in Annex VIII or XIII to the Council Regulation; and

(i) payment necessary for activities directly related to equipment referred to in paragraph 2(c), subparagraph 1 of Annex B to resolution 2231 (2015) for light water reactors, provided that the payment does not involve the release of funds or economic resources of a person listed in Annex VIII or XIII to the Council Regulation.

Information relating to funds etc.

8.—(1) The Governor must take such steps as the Governor considers appropriate to cooperate with any international investigation relating to the funds, economic resources or financial transactions of—

(a) a designated person;

(b) a person owned or controlled by a designated person; or

(c) a person acting on behalf of, or at the direction of, a designated person.

(2) A relevant institution must inform the Governor as soon as practicable if it knows or suspects that a customer—

(a) is a designated person; or

(b) has committed an offence under article 4 or 20(7).

(3) When informing the Governor under paragraph (2), the relevant institution must state—

(a) the information or other matter on which the knowledge or suspicion is based;

(b) any information it holds about the customer by which the customer can be identified; and

(c) if the customer is a designated person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for the customer since the customer first became a designated person.

(4) A relevant institution must inform the Governor as soon as practicable if it credits a frozen account in accordance with article 5(1)(b) or (c) or (2).

(5) It is an offence for a relevant institution to fail to comply with a requirement of paragraph (2), (3) or (4).

(6) Anything done by a relevant institution in accordance with this article is not to be treated as a breach of any restriction imposed by statute or otherwise.

(7) In this article, “customer”, in relation to a relevant institution, includes—

(a) a person who is or has been a customer of the institution at any time since the coming into force of this Order; or

(b) a person with whom the institution has had dealings in the course of its business since the coming into force of this Order.