The Export Control (Iran Sanctions) Order 2016

PART 2 Offences relating to prohibitions in the Iran Sanctions Regulation

Offences related to goods and technology listed in Annex I and investment in Iranian uranium mining and materials listed in Part 1 of the Nuclear Suppliers Group list

4.  A person commits an offence and may be arrested if that person—

(a) is concerned in an activity, other than the export or the import of goods, for which EU authorisation is required by any of the following Articles of the Iran Sanctions Regulation—

(i) Article 2a(1)(a) (authorisation required for the sale, supply, etc. of the goods and technology listed in Annex I to any Iranian person, entity or body or for use in Iran);

(ii) Article 2a(1)(b) (authorisation required for the provision of technical assistance or brokering services related to goods and technology listed in Annex I to any Iranian person, entity or body, or for use in Iran);

(iii) Article 2a(1)(c) (authorisation required for the provision of financing or financial assistance related to goods and technology listed in Annex I to any Iranian person, entity or body, or for use in Iran);

(iv) Article 2a(1)(d) (authorisation required before entering into an arrangement with an Iranian person, entity or body that would enable such person, entity or body to participate in or increase its participation in the commercial activities listed in Articles 2a(1)(d)(i) and (ii));

(v) Article 2a(1)(e) (authorisation required for purchase, import or transport from Iran of goods and technology listed in Annex I);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

Offences related to goods and technology listed in Annex II

5.  A person commits an offence and may be arrested if that person—

(a) is concerned in an activity, other than the export or the import of goods, for which EU authorisation is required by any of the following Articles of the Iran Sanctions Regulation—

(i) Article 3a(1)(a) (authorisation required for the sale, supply, etc. of the goods and technology listed in Annex II to any Iranian person, entity or body or for use in Iran);

(ii) Article 3a(1)(b) (authorisation required for the provision of technical assistance or brokering services related to goods and technology listed in Annex II to any Iranian person, entity or body, or for use in Iran);

(iii) Article 3a(1)(c) (authorisation required for the provision of financing or financial assistance related to goods and technology listed in Annex II to any Iranian person, entity or body, or for use in Iran);

(iv) Article 3a(1)(d) (authorisation required before entering into any arrangement with an Iranian person, entity or body that would enable such person, entity or body to participate in or increase its participation in commercial activities involving technologies listed in Annex II);

(v) Article 3a(1)(e) (authorisation required for the purchase, import or transport from Iran of goods and technology listed in Annex II);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

Offences related to goods and technology listed in Annex III or any other item that could contribute to the development of nuclear weapon delivery systems

6.  Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in that Article commits an offence and may be arrested—

(a) Article 4a(1) (prohibition on the sale, supply, etc. of goods and technology listed in Annex III to any Iranian person, entity or body or for use in Iran) insofar as it concerns the goods and technology listed in Annex III;

(b) Article 4b(a) (prohibition on the provision of technical assistance or brokering services related to the goods and technology listed in Annex III to any Iranian person, entity or body or for use in Iran);

(c) Article 4b(b) (prohibition on the provision of financing or financial assistance related to the goods and technology listed in Annex III to any Iranian person, entity or body, or for use in Iran);

(d) Article 4b(c) (prohibition on the entering into any arrangement with an Iranian person, entity or body, that would enable such person, entity or body to participate in or increase its participation in commercial activities involving technologies listed in Annex III);

(e) Article 4c (prohibition on the purchase, import or transport from Iran of the goods and technology listed in Annex III).

Offences related to goods and technology listed in the Common Military List

7.—(1) Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in that Article commits an offence and may be arrested—

(a) Article 5(a) (prohibition on the provision of technical assistance, brokering services and other services related to the goods and technology listed in the Common Military List to any Iranian person, entity or body or for use in Iran);

(b) Article 5(b) (prohibition on the provision of financing or financial assistance related to the goods and technology listed in the Common Military List to any Iranian person, entity or body or for use in Iran);

(c) Article 5(c) (prohibition on the entering into any arrangement for the participation or increase in participation in any Iranian person, entity or body engaged in the manufacture of goods or technology listed in the Common Military List).

(2) Unless authorised by a licence granted by the Secretary of State under this article or under the Export Control Order 2008(1), the procurement of goods and technology listed in the Common Military List from Iran is prohibited, whether or not originating in the territory of Iran.

(3) A person who is knowingly concerned in an activity prohibited by paragraph (2) with intent to evade that prohibition commits an offence and may be arrested.

Offences related to the software listed in Annex VIIA

8.  A person commits an offence and may be arrested if that person—

(a) is concerned in an activity, other than the export or the import of goods, for which EU authorisation is required by any of the following Articles of the Iran Sanctions Regulation—

(i) Article 10d(1)(a) (authorisation required for the sale, supply, etc. of the software listed in Annex VIIA to any Iranian person, entity or body or for use in Iran);

(ii) Article 10d(1)(b) (authorisation required for the provision of technical assistance or brokering services related to the software listed in Annex VIIA to any Iranian person, entity or body, or for use in Iran);

(iii) Article 10d(1)(c) (authorisation required for the provision of financing or financial assistance related to the software listed in Annex VIIA to any Iranian person, entity or body, or for use in Iran);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

Offences related to graphite and raw or semi-finished metals as listed in Annex VIIB

9.  A person commits an offence and may be arrested if that person—

(a) is concerned in an activity, other than the export or the import of goods, for which EU authorisation is required by any of the following Articles of the Iran Sanctions Regulation—

(i) Article 15a(1)(a) (authorisation required for the sale, supply, etc. of graphite and raw or semi-finished metals as listed in Annex VIIB to any Iranian person, entity or body or for use in Iran);

(ii) Article 15a(1)(b) (authorisation required for the provision of technical assistance or brokering services related to graphite and raw or semi-finished metals as listed in Annex VIIB to any Iranian person, entity or body, or for use in Iran);

(iii) Article 15a(1)(c) (authorisation required for the provision of financing or financial assistance related to graphite and raw or semi-finished metals as listed in Annex VIIB to any Iranian person, entity or body, or for use in Iran);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

(1)

S.I. 2008/3231. Relevant amending instruments are S.I. 2009/2151 and 2012/1910.