OpenLegislation

Regulation 4 Interpretation and extra-territorial application

Original text. Later amendments are not shown.

(1)

In regulation 2 (interpretation)—

(a)

renumber the existing text as paragraph (1);

(b)

in paragraph (1), as so renumbered—

(i)

after the definition of “the Act”, insert—

  • ““aircraft licence” means a licence issued by the Secretary of State under regulation 41A (aircraft licences);”;

(ii)

after the definition of “document”, insert—

  • ““the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use itemsf1;”;

(iia)

after the definition of “the EU Iran Regulation”, insert—

  • ““the Government of Iran” includes its public bodies, corporations or agencies, its armed forces or any person acting on its behalf or at its direction;”;

(iii)

after the definition of “resolution 2231”, insert—

  • ““ships licence” means a licence issued by the Secretary of State under regulation 41B (ships licences);”;

(iv)

after the definition of “trade licence”, insert—

  • ““United Kingdom person” has the meaning given in section 21 of the Act;”;

(c)

after paragraph (1), insert—

“(2)

In these Regulations, a person is to be regarded as connected with Iran if the person is—

(a)

an individual who is, or an association or combination of individuals who are, ordinarily resident in Iran,

(b)

an individual who is, or an association or combination of individuals who are, located in Iran,

(c)

a person, other than an individual, which is incorporated or constituted under the law of Iran,

(d)

a person, other than an individual, which is domiciled in Iran, or

(e)

a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person within any of sub-paragraphs (a) to (d).”.

(2)

After regulation 2, insert—

“Interpretation: commodity codes

2A
(1)

For the purposes of these Regulations—

(a)

a reference to a commodity code is a reference to the relevant corresponding provision in the Goods Classification Table;

(b)

a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table;

(c)

a thing “falls within” a chapter if it is, or would be, classified under that chapter, as set out in the Goods Classification Table;

(d)

where a commodity code or chapter is preceded by “ex”, the goods specified in these Regulations constitute only a part of the scope of the commodity code or chapter and must fall within both the description given to that code or chapter in these Regulations and the scope of the code or chapter in the Goods Classification Table.

(2)

For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with paragraph (1), the rules of interpretation contained in the following have effect—

(a)

Part Two (Goods Classification Table Rules of Interpretation) of the Tariff of the United Kingdom;

(b)

notes to a section or chapter of the Goods Classification Table.

(3)

For the purposes of this regulation—

  • “commodity code” includes a code denoting a heading or sub-heading;

  • “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

  • “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018f2 replacing the same in whole or in part.”.

(3)

In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

(a)

in paragraph (3)—

(i)

at the end of sub-paragraph (c), omit “or”;

(ii)

after sub-paragraph (c), insert—

“(ca)

by or under Part 5B (Ships), or”;

(iii)

in sub-paragraph (d), for “or a trade licence” substitute “, a trade licence or a ships licence”;

(b)

in paragraph (6)(b), for “or a trade licence” substitute “, a trade licence or a ships licence”;

(c)

omit paragraph (8).

Annotations

Footnotes

f1

EUR 2009/428.

f2

2018 c. 22.