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"the 2000 Order" means the Iraq (United Nations Sanctions) Order 2000[3];

"the 2004 Order" means the Iraq (United Nations Sanctions)(Amendment) Order 2004[4]; and

"Development Fund for Iraq" has the same meaning as in article 2(1) of the 2000 Order.

Amendment of the Iraq (United Nations Sanctions) Order 2000
     3.  - (1) The 2000 Order is amended as follows.

    (2) In article 1(3) - 

(a) in sub-paragraph (a), omit "or" in the last place it appears; and

(b) after sub-paragraph (b), insert - 


     " ; or

(c) is on board any aircraft or ship registered in the United Kingdom.".

    (3) After article 1(3), insert - 

    " (4) In paragraph (3) - 


(a) "person within the United Kingdom" includes - 


(i) any person who is carrying on any business in the United Kingdom; and

(ii) any person who is, whether on board an aircraft or otherwise, in the airspace above any part of the United Kingdom; and



(b) "ship" has the same meaning as in section 313 of the Merchant Shipping Act 1995[5]."

    (4) In article 2(1), after the definition of "body corporate", insert - 

" "Council Regulation" means Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96[6], as last amended by Commission Regulation (EC) No 1086/2004[7];".

    (5) In article 4A[8] - 

(a) at the end of paragraph (1)(b) insert - 


     " ;or

(c) a person listed in Annex III to the Council Regulation;";



(b) after paragraph (2)(a), insert - 



" (aa) a person listed in Annex IV to the Council Regulation;";



(c) in paragraph (2)(c) after "(a)", insert ", (aa)";

(d) in paragraph (2)(d) after "(a),", insert "(aa),"; and

(e) in paragraph (2)(e) after "(a),", insert "(aa),".

    (6) In article 5A[9] - 

(a) for paragraph (3)(a)(i) substitute - 


" (i) an order or judgment of a court or a final and binding arbitral award made before 22nd May 2003; or";



(b) in paragraph (3)(a)(ii) for "made on or before that date", substitute "made before 22nd May 2003";

(c) in paragraph (3)(b) for "on or before that date", substitute "before 22nd May 2003"; and

(d) after paragraph (3), insert - 

    " (3A) Where, as a result of the amendments made to this Order by the Iraq (United Nations Sanctions) Order 2000 (Amendment) Regulations 2004, relevant funds no longer fall within paragraph (3), the person holding those funds must, no later than 11 August 2004 - 


(a) cause the transfer of those funds to the account of the Development Fund for Iraq held at the Federal Reserve Bank of New York; and

(b) notify the Treasury in writing of - 


(i) the identity of the person by, for on behalf of whom the funds were held;

(ii) the amount transferred; and

(iii) the date that the transfer took place.



    (3B) In paragraph (3A), "relevant funds" means funds which were held by, for or on behalf of a listed person or a designated person and which had not been transferred to the account of the Development Fund for Iraq before 14th July 2004 on the ground that they were within paragraph (3).".

Transfer of funds to the Development Fund for Iraq
     4.  - (1) Where, as a result of the amendments made to the 2000 Order by these Regulations, relevant funds no longer fall within article 5A(3) of that Order, the person holding those funds must, no later than 11 August 2004 - 

(a) cause the transfer of those funds to the account of the Development Fund for Iraq held at the Federal Reserve Bank of New York; and

(b) notify the Treasury in writing of - 


(i) the identity of the person by, for or on behalf of whom the funds were held;

(ii) the amount transferred; and

(iii) the date the transfer took place.

    (2) In paragraph (1), "relevant funds" means funds which are subject to a direction of the sort referred to in article 6(1) of the 2004 Order and which had not been transferred to the account of the Development Fund for Iraq before 14th July 2004 on the ground that they were within paragraph 5A(3) of the 2000 Order.

    (3) An obligation to transfer funds under paragraph (1) applies notwithstanding any right, obligation, restriction or immunity, whether imposed or conferred by statute or otherwise.

    (4) No person may be held liable in respect of any action taken for the purpose of complying with an obligation to transfer funds under paragraph (1).

    (5) Funds in respect of which paragraph (1) applies are immune from any legal process (including any measure of restraint, attachment, execution or detention) requiring them to be dealt with otherwise than in accordance with these Regulations.

    (6) Any person who fails to comply with paragraph (1) is guilty of an offence and shall be liable - 

(a) on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum, or both.

    (7) In proceedings for an offence under this regulation, it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.


John Heppell

Derek Twigg
Two of the Lords Commissioners of Her Majesty's Treasury

29th June 2004

[2] 1972 c. 68.back

[3] S.I. 2000/3241, amended by S.I. 2003/1519 article 3 and Schedule 1 and S.I. 2004/1498.back

[4] S.I. 2004/1498.back

[5] 1995 c. 21.back

[6] O.J. No. L 169, 8.7.2003, p 6.back

[7] O.J. No. 207, 10.6.2004, p 10.back

[8] Article 4A was inserted by S.I. 2004/1498, article 5.back

[9] Article 5A was inserted by S.I. 2003/1519, article 3 and paragraph 5 of Schedule 1 and was amended by S.I. 2004/1498, article 5(10).back

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