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

PART 1 U.K. General

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019.

(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.

Commencement Information

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

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

Interpretation U.K.

2.  In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see Schedule 1 for the meaning of that term in that Schedule);

“CEMA” means the Customs and Excise Management Act 1979 M1 ;

“the Committee” means the Committee of the Security Council established under paragraph 18 of resolution 1737;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“conduct” includes acts and omissions;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“the EU Iran Regulation” means Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 M2 as it has effect in EU law;

“the Joint Comprehensive Plan of Action” means the document attached as Annex A to resolution 2231;

“non-UN designated person” means a person who is designated under regulation 5 for the purposes of regulations 12 to 17;

“resolution 1737” means resolution 1737 adopted by the Security Council on 23 December 2006;

“resolution 2231” means resolution 2231 adopted by the Security Council on 20 July 2015;

“trade licence” means a licence under regulation 41;

“Treasury licence” means a licence under regulation 40(1).

Commencement Information

I3 Reg. 2 not in force at made date, see reg. 1(2)

I4 Reg. 2 in force at 25.3.2019 by S.I. 2019/627, reg. 8(1)(b)

Marginal Citations

M1 1979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

M2 OJ L 088 24.3.2012, p. 1

Application of prohibitions and requirements outside the United Kingdom U.K.

3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.

(3) [F1 In this regulation] a “relevant prohibition” means any prohibition imposed—

(a) by regulation 9(2) (confidential information),

(b) by Part 3 (Finance),

(c) by Part 5 (Trade), or

(d) by a condition of a Treasury licence or a trade licence.

(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.

(6) In this regulation a “relevant requirement” means any requirement imposed—

(a) imposed by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or

(b) by a condition of a Treasury licence or a trade licence.

(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom

(8) In this regulation, “United Kingdom person” has the same meaning as in section 21 of the Act.

Textual Amendments

F1 Words in reg. 3(3) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 5(2); S.I. 2020/1514, reg. 5

Commencement Information

I5 Reg. 3 not in force at made date, see reg. 1(2)

I6 Reg. 3 in force at 31.12.2020 by S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Purposes U.K.

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are—

(a) promoting the abandonment by Iran of nuclear weapons programmes,

(b) restricting the ability of Iran to develop nuclear weapons and nuclear weapons delivery systems, and

(c) promoting implementation of the Joint Comprehensive Plan of Action,

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation “the relevant UN obligations” means—

(a) the obligation that the United Kingdom has by virtue of paragraph 7(b) of, and paragraph 6(c) of Annex B to, resolution 2231 (asset-freeze etc) to take the measures required by that provision in respect of persons M3 for the time being named for the purposes of that provision by the Security Council or the Committee;

(b) the obligations that the United Kingdom has by virtue of paragraph 7(b) of, and paragraphs 2, 4, 5 and 6 (a), (b) and (d) to (f) of Annex B to, resolution 2231.

Commencement Information

I7 Reg. 4 not in force at made date, see reg. 1(2)

I8 Reg. 4 in force at 25.3.2019 by S.I. 2019/627, reg. 8(1)(c)

Marginal Citations

M3 “Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.