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EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the enforcement of trade restrictions against Iran specified in Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ No L 88, 24.3.2012, p.1) (the “Iran Sanctions Regulation”), as last amended by Council Regulation (EU) No 2015/1861 (OJ L 274, 18.10.2015, p.1). The Order also provides for the enforcement of trade restrictions in Council Regulation (EU) 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ L 100, 14.4.2011, p.1) (the “Iran Human Rights Regulation”).

This Order revokes and replaces the Export Control (Iran Sanctions) Order 2012 (S.I. 2012/1243) (the “2012 Order”) and amending instruments. The 2012 Order implemented the Iran Sanctions Regulation (before it was most recently amended). The 2012 Order also implemented the Iran Human Rights Regulation, the relevant provisions of which have not been amended.

The Order makes a minor amendment to the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 and to the Export Control Order 2008.

Articles 4 to 9 create offences for contravention of the trade restrictions in the Iran Sanctions Regulation. Article 7(2) prohibits the procurement of military goods from Iran and Article 7(3) creates an offence for breach of this prohibition.

Articles 10 and 11 create offences for contravention of the trade restrictions in the Iran Human Rights Regulation.

Article 12 creates offences for the circumvention of the trade restrictions in the Iran Sanctions Regulation. Article 13 creates offences for the circumvention of the trade restrictions in the Iran Human Rights Regulation.

Article 14 supplements the provisions of the Iran Sanctions Regulation and of the Iran Human Rights Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 14(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation or a licence under the Order and Article 14(3) makes it an offence to fail to comply with authorisation or licence requirements or conditions.

Article 15 sets out the penalties relating to the offences in the Order.

Article 16 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to apply to the enforcement of this Order.

An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).