The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019

Definition of “interception and monitoring goods” and “interception and monitoring technology”

20.—(1) The following definitions apply for the purposes of regulation 18.

(2) “Interception and monitoring goods” means any item mentioned in sub-paragraph (a) or (b), provided that it may be used for interception and monitoring services—

(a) a relevant Schedule 3 item;

(b) any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived.

(3) “A relevant Schedule 3 item” means any thing described in Schedule 3, other than—

(a) any thing which is interception and monitoring technology, or

(b) any thing for the time being specified in—

(i) Schedule 2 to the Export Control Order 2008, or

(ii) Annex I of the Dual-Use Regulation.

(4) “Interception and monitoring technology” means any thing—

(a) which is described as software in paragraph 2 of Schedule 3 provided that it may be used for interception and monitoring services, and

(b) which is described as software or other technology in paragraph 3 of Schedule 3,

(but see paragraph (5)).

(5) The definition of “interception and monitoring technology” does not apply to software which is—

(a) generally available to the public, or

(b) in the public domain.

(6) For the purpose of paragraph (5)—

(a) software is “generally available to the public” if—

(i) the software is sold from stock at retail selling points without restriction, by means of—

(aa) over the counter transactions,

(bb) mail order transactions,

(cc) electronic transactions, or

(dd) telephone order transactions, and

(ii) the software is designed for installation by the user without further substantial support by the supplier;

(b) software is “in the public domain” if the software has been made available without restrictions upon its further dissemination (and for this purpose copyright restrictions do not constitute a restriction upon its further dissemination).