Regulation 7 Trade
In Part 5 (Trade)—
for the heading for Chapter 1, substitute “Exports and related activities: restricted goods and restricted technology”;
in regulation 20—
in the definition of “restricted goods”, before paragraph (a), insert—
“(za)maritime goods,”;
in the definition of “restricted technology”—
before paragraph (a), insert—
“(za)maritime technology,”;
omit paragraph (e);
in regulation 22, omit paragraph (4);
in regulation 27(4), omit the definitions of “brokering service”, and “third country”;
after regulation 27, insert—
“Chapter 1A
Exports and related activities: gold, precious metals and diamonds
Export of gold, precious metals and diamonds to Iran
27A(1)The export of gold, precious metals or diamonds to, or for use in, Iran is prohibited.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
Supply and delivery of gold, precious metals and diamonds to Iran
27B(1)A person must not directly or indirectly supply or deliver gold, precious metals or diamonds from a third country to a place in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the gold, precious metals or diamonds were destined (or ultimately destined) for Iran.
Making available gold, precious metals and diamonds
27C(1)A person must not directly or indirectly make gold, precious metals or diamonds available—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the gold, precious metals or diamonds were for use in Iran.
Technical assistance relating to gold, precious metals and diamonds
27D(1)A person must not directly or indirectly provide technical assistance relating to gold, precious metals or diamonds—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the gold, precious metals or diamonds were for use in Iran.
Financial services and funds relating to gold, precious metals and diamonds
27E(1)A person must not directly or indirectly provide, to a person connected with Iran, financial services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of gold, precious metals or diamonds,
(b)the direct or indirect supply or delivery of gold, precious metals or diamonds,
(c)directly or indirectly making available gold, precious metals or diamonds to a person, or
(d)the direct or indirect provision of technical assistance relating to gold, precious metals or diamonds.
(2)A person must not directly or indirectly make funds available to a person connected with Iran in pursuance of or in connection with an arrangement mentioned in paragraph (1).
(3)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of gold, precious metals or diamonds to, or for use in, Iran,
(b)the direct or indirect supply or delivery of gold, precious metals or diamonds to a place in Iran,
(c)directly or indirectly making available gold, precious metals or diamonds—
(i)to a person connected with Iran, or
(ii)for use in Iran, or
(d)the direct or indirect provision of technical assistance relating to gold, precious metals or diamonds—
(i)to a person connected with Iran, or
(ii)for use in Iran.
(4)Paragraphs (1), (2) and (3) are subject to Part 6 (Exceptions and licences).
(5)A person who contravenes a prohibition in paragraph (1), (2) or (3) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with an offence of contravening paragraph (3) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to gold, precious metals and diamonds
27F(1)A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 27E(1) to (3).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence.
(4)It is a defence for a person charged with an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
Chapter 1B
Exports and related activities: energy-related goods and energy-related technology
Interpretation
27GFor the purposes of this Chapter “Iran” includes Iran's exclusive economic zone and continental shelf (which terms are to be interpreted in accordance with the United Nations Convention on the Law of the Sea)f1.
Export of energy-related goods
27H(1)The export of energy-related goods to, or for use in, Iran is prohibited.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
Supply and delivery of energy-related goods
27I(1)A person must not directly or indirectly supply or deliver energy-related goods from a third country to a place in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Iran.
Making energy-related goods and energy-related technology available
27J(1)A person must not directly or indirectly make energy-related goods or energy-related technology available—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1)(a) commits an offence, but it is a defence for a person charged with that offence (“Q”) to show that Q did not know and had no reasonable cause to suspect that the person was connected with Iran.
(3)A person who contravenes a prohibition in paragraph (1)(b) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the goods or technology were for use in Iran.
Transfer of energy-related technology
27K(1)A person must not transfer energy-related technology—
(a)to a person connected with Iran;
(b)to a place in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the transfer was to a place in Iran.
Technical assistance relating to energy-related goods and energy-related technology
27L(1)A person must not directly or indirectly provide technical assistance relating to energy-related goods or energy-related technology—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exception and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the goods or technology were for use in Iran.
Financial services and funds relating to energy-related goods and energy-related technology
27M(1)A person must not directly or indirectly provide, to a person connected with Iran, financial services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of energy-related goods,
(b)the direct or indirect supply or delivery of energy-related goods,
(c)directly or indirectly making energy-related goods or energy-related technology available to a person,
(d)the transfer of energy-related technology, or
(e)the direct or indirect provision of technical assistance relating to energy-related goods or energy-related technology.
(2)A person must not directly or indirectly make funds available to a person connected with Iran in pursuance of or in connection with an arrangement mentioned in paragraph (1).
(3)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of energy-related goods to, or for use in, Iran,
(b)the direct or indirect supply or delivery of energy-related goods to a place in Iran,
(c)directly or indirectly making energy-related goods or energy-related technology available—
(i)to a person connected with Iran, or
(ii)for use in Iran,
(d)the transfer of energy-related technology—
(i)to a person connected with Iran, or
(ii)to a place in Iran, or
(e)the direct or indirect provision of technical assistance relating to energy-related goods or energy-related technology—
(i)to a person connected with Iran, or
(ii)for use in Iran.
(4)Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).
(5)A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned that paragraph.
Brokering services: non-UK activity relating to energy-related goods and energy-related technology.
27N(1)A person (“P”) must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—
(a)the direct or indirect supply or delivery of energy-related goods from a third country to a place in Iran;
(b)directly or indirectly making energy-related goods or energy-related technology available in a third country for direct or indirect supply or delivery—
(i)to a person connected with Iran, or
(ii)to a place in Iran;
(c)the direct or indirect provision, in a non-UK country, of technical assistance relating to energy-related goods or technology—
(i)to a person connected with Iran, or
(ii)for use in Iran;
(d)the transfer of energy-related technology from a place in a third country—
(i)to a person connected with Iran, or
(ii)to a place in Iran;
(e)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with Iran, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27M(1), or
(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27M(3);
(f)directly or indirectly making funds available, in a non-UK country, to a person connected with Iran, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27M(1); or
(g)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27M(3).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
(4)In this regulation, “non-UK country” means a country that is not the United Kingdom.
Prohibition on providing relevant energy-related services
27O(1)A person must not provide, directly or indirectly, relevant energy services.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that P was providing relevant energy services.
(4)In this regulation—
“oil or gas exploration” includes the exploration for and management of oil and gas reserves, as well as the provision of geological services in relation to such reserves;
“oil or gas production” includes bulk transmission services for the purpose of transit or delivery to directly interconnected grids;
“relevant energy services” means any of the following services which are necessary for an oil or gas exploration project in Iran or an oil or gas production project in Iran—
- (a)
drilling;
- (b)
well testing;
- (c)
logging and completion services;
- (d)
supply of specialised floating vessels.
Chapter 1C
Sectoral software goods and sectoral software and technology
Export of sectoral software goods
27P(1)The export of sectoral software goods to, or for use in, Iran is prohibited.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
Supply and delivery of sectoral software goods
27Q(1)A person must not directly or indirectly supply or deliver sectoral software goods from a third country to a place in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Iran.
Making sectoral software goods and sectoral software and technology available
27R(1)A person must not directly or indirectly make sectoral software goods or sectoral software and technology available—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the sectoral software goods or sectoral software and technology were for use in Iran.
Transfer of sectoral software and technology
27S(1)A person must not transfer sectoral software and technology—
(a)to a person connected with Iran, or
(b)to a place in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the transfer was to a place in Iran.
Technical assistance relating to sectoral software goods, and sectoral software and technology
27T(1)A person must not directly or indirectly provide technical assistance relating to sectoral software goods or sectoral software and technology—
(a)to a person connected with Iran, or
(b)for use in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the sectoral software goods, or sectoral software and technology were for use in Iran.
Financial services and funds relating to sectoral software goods and sectoral software and technology
27U(1)A person must not directly or indirectly provide, to a person connected with Iran, financial services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of sectoral software goods,
(b)the direct or indirect supply or delivery of sectoral software goods,
(c)directly or indirectly making sectoral software goods or sectoral software and technology available to a person,
(d)the transfer of sectoral software and technology, or
(e)the direct or indirect provision of technical assistance relating to sectoral software goods or sectoral software and technology.
(2)A person must not directly or indirectly make funds available to a person connected with Iran in pursuance of or in connection with an arrangement mentioned in paragraph (1).
(3)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of sectoral software goods to, or for use in, Iran,
(b)the direct or indirect supply of delivery of sectoral software goods to a place in Iran,
(c)directly or indirectly making sectoral software goods or sectoral software and technology available—
(i)to a person connected with Iran, or
(ii)for use in Iran,
(d)the transfer of sectoral software and technology—
(i)to a person connected with Iran, or
(ii)to a place in Iran, or
(e)the direct or indirect provision of technical assistance relating to sectoral software goods or sectoral software and technology—
(i)to a person connected with Iran, or
(ii)for use in Iran.
(4)Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).
(5)A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (3) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services: non-UK activity relating to sectoral software goods and sectoral software and technology
27V(1)A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—
(a)directly or indirectly making sectoral software goods or sectoral software and technology available in a third country for transfer—
(i)to a person connected with Iran, or
(ii)to a place in Iran;
(b)the transfer of sectoral software and technology from a place in a third country—
(i)to a person connected with Iran, or
(ii)to a place in Iran;
(c)the direct or indirect provision, in a non-UK country, of technical assistance relating to sectoral software goods or sectoral software and technology—
(i)to a person connected with Iran, or
(ii)for use in Iran;
(d)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with Iran, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27U(1), or
(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27U(3);
(e)directly or indirectly making funds available, in a non-UK country, to a person connected with Iran, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27U(1); or
(f)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27U(3).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement described in that paragraph.
(4)In this regulation, “non-UK country” means a country that is not the United Kingdom.”;
for the heading to Chapter 2, substitute “Imports and related activities: certain goods and technology”;
before regulation 28, insert—
“Interpretation of Chapter 2
27WIn this Chapter—
“relevant goods and technology” means—
- (a)
military goods;
- (b)
missile-list goods;
- (c)
nuclear-list goods;
- (d)
other restricted goods;
- (e)
military technology;
- (f)
missile-list technology;
- (g)
nuclear-list technology;
- (h)
other restricted technology;
“relevant technology” means—
- (a)
military technology;
- (b)
missile-list technology;
- (c)
nuclear-list technology;
- (d)
other restricted technology.”;
in regulation 28(3), for “(1) to (3)” substitute “(1) and (2)”;
in regulation 29, omit paragraph (4);
in regulation 30—
for the heading, substitute “Acquisition of relevant goods and technology which are located in Iran or originate in Iran”;
in paragraph (1), for the words from “which” to the end, substitute—
“—
(a)which originate in Iran, or
(b)which are located in Iran.”;
for paragraph (3), substitute—
“(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods or technology originated in Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the goods or technology were located in Iran.”;
omit paragraph (4);
in regulation 31—
in the heading, for “certain” substitute “relevant”;
omit paragraph (4);
after regulation 31 (transfer of certain technology from a place in Iran), insert—
“Technical assistance relating to relevant goods and technology
31A(1)A person must not directly or indirectly provide technical assistance to any person relating to—
(a)the import of goods mentioned in regulation 28(1) which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of relevant goods and technology which—
(i)originate in Iran, or
(ii)are located in Iran,
(c)the direct or indirect supply and delivery of goods referred to in regulation 29(1) from a place in Iran to a third country, or
(d)the transfer of relevant technology from a place in Iran—
(i)to persons outside the United Kingdom, or
(ii)to a place other than the United Kingdom.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance related to any matter referred to in paragraph (1).
Financial services and funds relating to relevant goods and technology
31B(1)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of goods mentioned in regulation 28(1) which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of relevant goods and technology which—
(i)originate in Iran, or
(ii)are located in Iran,
(c)the direct or indirect supply and delivery of goods mentioned in regulation 29(1) from a place in Iran to a third country, or
(d)the transfer of relevant technology from a place in Iran—
(i)to persons outside the United Kingdom, or
(ii)to a place other than the United Kingdom.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in paragraph (1).
Brokering services relating to relevant goods and technology
31C(1)A person must not directly or indirectly provide brokering services in relation to any arrangement described in regulation 31B(1).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were being provided in relation to an arrangement mentioned in regulation 31B(1).”;
after Chapter 2, insert—
“Chapter 2A
Imports and related activities: gold, precious metals and diamonds
Import of gold, precious metals and diamonds
31D(1)The import of gold, precious metals or diamonds which are consigned from Iran is prohibited.
(2)The import of gold, precious metals or diamonds which originate in Iran is prohibited.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
Acquisition of gold, precious metals and diamonds
31E(1)A person must not directly or indirectly acquire gold, precious metals or diamonds which—
(a)originate in Iran, or
(b)are located in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening the prohibition in paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the gold, precious metals or diamonds originated in Iran,
(b)it is a defence for a person charged with the offence of contravening the prohibition in paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the gold, precious metals or diamonds were located in Iran.
Supply and delivery of gold, precious metals and diamonds from a place in Iran
31F(1)A person must not directly or indirectly supply or deliver gold, precious metals or diamonds from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Iran, whether directly or indirectly.
Technical assistance relating to gold, precious metals and diamonds
31G(1)A person must not directly or indirectly provide technical assistance to any person relating to—
(a)the import of gold, precious metals or diamonds which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of gold, precious metals or diamonds which—
(i)originate in Iran, or
(ii)are located in Iran, or
(c)the supply and delivery of gold, precious metals or diamonds from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance related to any matter referred to that paragraph.
Financial services and funds relating to gold, precious metals and diamonds
31H(1)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of gold, precious metals or diamonds which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of gold, precious metals or diamonds which—
(i)originate in Iran, or
(ii)are located in Iran, or
(c)the supply and delivery of gold, precious metals or diamonds from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were being provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to gold, precious metals and diamonds
31I(1)A person must not directly or indirectly provide brokering services in relation to any arrangement described in regulation 31H(1).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were being provided in relation to an arrangement described in regulation 31H(1).
Chapter 2B
Imports and related activities: oil and petroleum products
Import of oil and petroleum products
31J(1)The import of oil and petroleum products which are consigned from Iran is prohibited.
(2)The import of oil and petroleum products which originate in Iran is prohibited.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
Acquisition of oil and petroleum products
31K(1)A person must not directly or indirectly acquire oil and petroleum products—
(a)which originate in Iran, or
(b)which are located in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods originated in Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the goods were located in Iran.
Supply and delivery of oil and petroleum products
31L(1)A person must not directly or indirectly supply or deliver oil and petroleum products from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person (“P”) charged with the offence of contravening paragraph (1) to show that P did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Iran, whether directly or indirectly.
Technical assistance relating to oil and petroleum products
31M(1)A person must not directly or indirectly provide technical assistance relating to—
(a)the import of oil and petroleum products which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of oil and petroleum products which—
(i)originate in Iran, or
(ii)are located in Iran, or
(c)the direct or indirect supply or delivery of oil and petroleum products from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)it is a defence for a person charged with an offence of contravening paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Financial services and funds relating to oil and petroleum products
31N(1)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of oil and petroleum products which—
(i)originate in Iran, or
(ii)are consigned from Iran,
(b)the direct or indirect acquisition of oil and petroleum products which—
(i)originate in Iran, or
(ii)are located in Iran, or
(c)the direct or indirect supply or delivery of oil and petroleum products from a place in Iran to a third country.
(2)Paragraph (1) is are subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to oil and petroleum products
31O(1)A person must not directly or indirectly provide brokering services in relation to any arrangement described in regulation 31N(1).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
Chapter 2C
Imports and related activities: petrochemicals
Import of petrochemicals
31P(1)The import of petrochemicals which are consigned from Iran is prohibited.
(2)The import of petrochemicals which originate in Iran is prohibited.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
Acquisition of petrochemicals
31Q(1)A person must not directly or indirectly acquire petrochemicals which—
(a)originate in Iran, or
(b)are located in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods originated in Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods were located in Iran.
Supply and delivery of petrochemicals to a third country
31R(1)A person must not directly or indirectly supply or deliver petrochemicals from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Iran, whether directly or indirectly.
Technical assistance relating to petrochemicals
31S(1)A person must not directly or indirectly provide technical assistance relating to—
(a)the import of petrochemicals which—
(i)originate in Iran, or
(ii)are consigned from Iran;
(b)the direct or indirect acquisition of petrochemicals which—
(i)originate in Iran, or
(ii)are located in Iran;
(c)the direct or indirect supply or delivery of petrochemicals from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)it is a defence for a person charged with an offence of contravening paragraph (1)(c) (“R”) to show that R did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Financial services and funds relating to petrochemicals
31T(1)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of petrochemicals which—
(i)originate in Iran, or
(ii)are consigned from Iran;
(b)the direct or indirect acquisition of petrochemicals which—
(i)originate in Iran, or
(ii)are located in Iran;
(c)the direct or indirect supply or delivery of petrochemicals from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to petrochemicals
31U(1)A person must not directly or indirectly provide brokering services in relation to any arrangement described in regulation 31T(1).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
Chapter 2D
Imports and related activities: natural gas
Import of natural gas
31V(1)The import of natural gas which is consigned from Iran is prohibited.
(2)The import of natural gas which originates in Iran is prohibited.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
Acquisition of natural gas
31W(1)A person must not directly or indirectly acquire natural gas—
(a)which originates in Iran, or
(b)which is located in Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the natural gas originated in Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the natural gas was located in Iran.
Supply and delivery of natural gas to a third country
31X(1)A person must not directly or indirectly supply or deliver natural gas from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Iran, whether directly or indirectly.
Technical assistance relating to natural gas
31Y(1)A person must not directly or indirectly provide technical assistance relating to—
(a)the import of natural gas which—
(i)originates in Iran, or
(ii)is consigned from Iran;
(b)the direct or indirect acquisition of natural gas which—
(i)originates in Iran, or
(ii)is located in Iran;
(c)the direct or indirect supply or delivery of natural gas from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)it is a defence for a person charged with an offence of contravening paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Financial services and funds relating to natural gas
31Z(1)A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of natural gas which—
(i)originates in Iran, or
(ii)is consigned from Iran;
(b)the direct or indirect acquisition of natural gas which—
(i)originates in Iran, or
(ii)is located in Iran;
(c)the direct or indirect supply of natural gas from a place in Iran to a third country.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to natural gas
31Z1.(1)A person must not directly or indirectly provide brokering services in relation to any arrangement described in regulation 31Z(1).
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.”;
after regulation 33, insert—
“Banknotes and coinage
33A(1)The export of restricted banknotes or coinage to, or for the benefit of, the Central Bank of Iran is prohibited.
(2)A person must not directly or indirectly—
(a)supply or deliver restricted banknotes or coinage from a third country to, or for the benefit of, the Central Bank of Iran;
(b)make banknotes or coinage available to, or for the benefit of, the Central Bank of Iran.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
(4)A person who contravenes a prohibition in paragraph (2) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (2)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the banknotes or coinage were supplied or delivered was the Central Bank of Iran;
(b)it is a defence for a person charged with an offence of contravening paragraph (2)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the banknotes or coinage were made available was the Central Bank of Iran.
Making available certain vessels
33B(1)A person must not directly or indirectly make available a vessel designed or modified for the transport or storage of oil and petroleum products—
(a)to any person connected to Iran, or
(b)for the benefit of, or for use in, Iran.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Iran;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the vessel was for the benefit of, or for use in, Iran.
(4)In this regulation, “vessel” means any thing falling within commodity code 8901 90 (other vessels for the transport of goods and other vessels for the transport of both persons and goods).
Technical assistance relating to certain tankers and cargo vessels
33C(1)A person must not directly or indirectly provide technical assistance relating to a tanker or cargo vessel to, or for the benefit of, a person connected with Iran.
(2)A person must not directly or indirectly—
(a)provide financial services, or
(b)make funds available,
in pursuance of or in connection with an arrangement whose object or effect is the provision of technical assistance referred to in paragraph (1).
(4)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
(5)A person who contravenes a prohibition in paragraphs (1) or (2) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to, or for the benefit of, a person connected to Iran;
(b)it is a defence for a person charged with an offence of contravening paragraph (2) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in paragraph (2).
(6)In this regulation, “tanker or cargo vessel” means any thing which falls within the following commodity codes—
(a)8901 2010 (seagoing tankers);
(b)8901 20 90 (other tankers);
(c)8901 30 10 (seagoing refrigerated vessels);
(d)8901 30 90 (other refrigerated vessels);
(e)8901 90 00 (other seagoing vessels for the transport of goods and other vessels for the transport of both persons and goods);
(f)8901 9090 00 (other vessels for the transport of goods and other vessels for the transport of both persons and goods).
Technical assistance relating to ships
33D(1)A person must not directly or indirectly provide technical assistance relating to a ship to, or for the benefit of, a designated person.
(2)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3)A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to, or for the benefit of, a designated person.
(4)In this regulation, “designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation.
Provision of services relating to specified ships
33E(1)A person must not directly or indirectly provide in relation to a specified ship—
(a)brokering services;
(b)chartering services;
(c)crew services;
(d)financial services or funds.
(e)operating services;
(f)technical assistance;
(2)A person must not directly or indirectly provide services relating to the acquisition, sale, transfer or supply of a specified ship.
(3)Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
(4)A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the ship in relation to which the assistance, services or funds (as the case may be) were provided was a specified ship;
(b)it is a defence for a person charged with the offence of contravening paragraph (2) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the ship in relation to whose acquisition, sale, transfer or supply the services were provided was a specified ship.
(5)In this regulation—
“chartering services” means services associated with the chartering of a ship;
“crew services” means services associated with the manning of a ship or the provision of a crew or members of a crew for a ship;
“operating services” means services associated with the operation of a ship.
Procurement of services relating to specified ships
33F(1)A person must not directly or indirectly procure services relating to a specified ship.
(2)For the purposes of this regulation, services relating to a specified ship include, in particular, services involving the use of that specified ship.
(3)Paragraph (1) is subject to Part 6 (Exceptions and licences).
(4)A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the ship in relation to which the services were procured was a specified ship.”;
in regulation 34(1)—
before the definition of “graphite and relevant metals”, insert—
““brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—
- (a)
the selection or introduction of persons as parties or potential parties to the arrangement,
- (b)
the negotiation of the arrangement,
- (c)
the facilitation of anything that enables the arrangement to be entered into, and
- (d)
the provision of any assistance that in any way promotes or facilitates the arrangement;
“energy-related goods” means any thing falling within the following provisions of Schedule 1A (Energy-related goods and technology)—
- (a)
Part 2 (Petrochemicals),
- (b)
Section 1A, 1B, 1C, 2A, 2B, 2C, 3A or 3B of Part 3 (Energy-related equipment and technology), or
- (c)
Part 4 (Energy-related goods);
“energy-related technology” means any thing falling within Sections 1D, 1E, 2D, 2E, 3C or 3D of Part 3 of Schedule 1A other than any thing for the time being specified in—
- (a)
Schedule 2 to the Export Control Order 2008f2, or
- (b)
Annex 1 to the Dual-Use Regulation;
“gold, precious metals or diamonds” means any thing falling within Schedule 1B (Gold, precious metals or diamonds);”;
in the definition of “graphite and relevant metals”, for the words from “Annex VIIB” to the end, substitute “Schedule 1C”;
after the definition of “graphite and relevant metals”, insert—
““maritime goods” means any thing specified in the table following paragraph 1 of Schedule 1D, other than any thing for the time being specified in—
- (a)
Schedule 2 to the Export Control Order 2008, or
- (b)
Annex 1 to the Dual-Use Regulation;
“maritime technology” means any thing described in paragraph 2 of Schedule 1D other than any thing for the time being specified in—
- (a)
Schedule 2 to the Export Control Order 2008, or
- (b)
Annex 1 to the Dual-Use Regulation;”;
after the definition of “missile-list technology” insert—
““natural gas” means any thing specified in Schedule 1E;”;
after the definition of “nuclear-list technology”, insert—
““oil and petroleum products” means any thing specified in Schedule 1F;”;
in the definition of “other restricted goods”, for the words from “Part II.A (goods)” to the end, substitute “Part 2 of Schedule 1G (other restricted goods)”;
in the definition of “other restricted technology”, for the words from “Part II.B (technology)” to the end, substitute “Part 3 of Schedule 1G”;
omit the definition of “relevant enterprise resource planning software”;
before the definition of “technical assistance”, insert—
““petrochemicals” means any thing specified in Schedule 1H (Petrochemicals);
“restricted banknotes and coinage” means newly printed banknotes and newly minted coinage denominated in any official currency of Iran;
“sectoral software goods” means any tangible storage medium on which sectoral software and technology is recorded or from which it can be derived
“sectoral software and technology” means any thing specified in paragraphs 1 and 2 of Schedule 1I (Sectoral software and technology) provided that it is not—
- (a)
in the public domain, or
- (b)
used for basic scientific research;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“specified ship” means a ship specified by the Secretary of State under regulation 36L (specification of ships);”;
before the definition of “transfer”, insert—
““third country” means a country which is not the United Kingdom, the Isle of Man or Iran.”;
for regulation 34(2), substitute—
“(2)For the purposes of the definitions of “nuclear-list goods” and “nuclear-list technology”—
(a)a thing is “specified in a relevant International Atomic Energy Agency list” if it is specified in Annexes to either of the following International Atomic Energy Agency documents, as those Annexes are revised or re-issued from time to time by the Security Council or the Committee—
(i)INFCIRC/254/Rev.11/Part 1, and
(ii)INFCIRC/254/Rev.8/Part 2;
(b)“low enriched uranium” means low enriched uranium covered by 0C002, as within Annex 1 to Council Regulation (EC) No 428/2009 of 5 May 2009, when it is incorporated in assembled nuclear fuels elements.”;
omit regulation 34(3).
Annotations
Footnotes
- f1
-
This Convention (the “UNCLOS” Convention) was originally published in Cmnd. 8941, and subsequently in Cm. 4524. A hard copy of Cm. 4524 is available for inspection free of charge but by appointment at the National Archives, Kew, Richmond, Surrey, TW9 4DU (catalogue number: YHL/PO/JO/10/11/3186/287). An electronic copy of Cm. 4524 can be found at https://treaties.fco.gov.uk/awweb/pdfopener?md=l&did=69421. An electronic copy of UNCLOS can be obtained from the United Nations (email [email protected]), and at www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf.
- f2