Citation, commencement, interpretation and extent

1.-(1) This Order may be cited as the Iran (United Nations Sanctions) (Amendment) Order 2016 and comes into force on 13th April 2016.

(2) In this Order, "the principal Order" means the Iran (United Nations Sanctions) Order 2009(3).

(3) This Order extends to the United Kingdom.

Amendment of the principal Order

2.-(1) The principal Order is amended as follows.

(2) In article 2-

(a)in the appropriate places, insert-

""Council Regulation" means Council Regulation (EU) No. 267/2012 adopted by the Council of the European Union on 23rd March 2012(4) concerning restrictive measures against Iran;",

""goods" includes items, materials, equipment and technology;", and

""JCPOA" means the Joint Comprehensive Plan of Action of 14th July 2015 annexed to United Nations Security Council resolution 2231 adopted on 20th July 2015(5);" and

(b)omit the entries for "owner", "permitted light water reactor goods", "procurement", "ship supply services" and "WMD goods".

(3) Omit article 3 and the general heading preceding it.

(4) For article 4 and its heading, substitute-

"Use of ships, aircraft and vehicles: carriage of goods from Iran

4.-(1) It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (2) for the carriage of goods to which this article applies if the carriage is, or forms part of, carriage from Iran to any destination outside Iran.

(2) The following fall within this paragraph-

(a)United Kingdom ships;

(b)aircraft registered in the United Kingdom;

(c)any other ship or aircraft that is for the time being chartered to a person who is-

(i)a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person, or

(ii)a body incorporated or constituted under the law of any part of the United Kingdom; and

(d)vehicles within the United Kingdom.

(3) A "relevant person", in relation to a ship, aircraft or vehicle falling within paragraph (2)(a), (b) or (d), means-

(a)the owner, charterer or master of the ship;

(b)the owner, charterer, operator or commander of the aircraft; or

(c)the owner, driver or operator of the vehicle.

(4) A "relevant person", in relation to a ship or aircraft falling within paragraph (2)(c) means-

(a)the charterer of the ship or aircraft; and

(b)the master of the ship, or operator or commander of the aircraft, if the master, operator or commander is a person mentioned in paragraph (2)(c)(i) or (ii).

(5) The goods to which this article applies are-

(a)military goods;

(b)goods listed in Annex III to the Council Regulation; and

(c)any other goods which the relevant person has been informed by the Secretary of State could contribute to the development of nuclear weapon delivery systems.

(6) This article is subject to article 4B.

(7) This article is without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.".

(5) For article 4A and its heading, substitute-

"Use of ships, aircraft and vehicles: carriage of goods to Iran

4A.-(1) It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (2) for the carriage of goods to which this article applies if the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

(2) The following fall within this paragraph-

(a)United Kingdom ships;

(b)aircraft registered in the United Kingdom;

(c)any other ship or aircraft that is for the time being chartered to a person who is-

(i)a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person, or

(ii)a body incorporated or constituted under the law of any part of the United Kingdom; and

(d)vehicles within the United Kingdom.

(3) A "relevant person", in relation to a ship, aircraft or vehicle falling within paragraph (2)(a), (b) or (d), means-

(a)the owner, charterer or master of the ship;

(b)the owner, charterer, operator or commander of the aircraft; or

(c)the owner, driver or operator of the vehicle.

(4) A "relevant person", in relation to a ship or aircraft falling within paragraph (2)(c) means-

(a)the charterer of the ship or aircraft; and

(b)the master of the ship, or operator or commander of the aircraft, if the master, operator or commander is a person mentioned in paragraph (2)(c)(i) or (ii).

(5) The goods to which this article applies are-

(a)goods listed in Annex I to the Council Regulation;

(b)goods listed in Annex III to the Council Regulation;

(c)goods referred to in paragraph 5 of Annex B to United Nations Security Council resolution 2231 adopted on 20th July 2015; and

(d)any other goods which the relevant person has been informed by the Secretary of State could contribute to reprocessing- or enrichment-related or heavy water-related activities inconsistent with the JCPOA.

(6) This article is subject to article 4B.

(7) This article is without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Licences related to use of ships, aircraft and vehicles

4B.-(1) The Secretary of State may grant a licence authorising an activity that would otherwise be prohibited under article 4(1) or 4A(1).

(2) A person is not guilty of an offence under article 4(1) or 4A(1) in respect of anything done under the authority of a licence granted by the Secretary of State under paragraph (1).

(3) A person is not guilty of an offence under article 4A(1) where the supply, delivery or exportation of the goods was authorised by a licence granted by the Secretary of State under the Export Control Order 2008(6).".

(6) In article 5(2), omit from "Provided that no person shall be guilty of an offence" to the end.

(7) Omit article 5A.

(8) In article 6(1)-

(a)for "military goods or WMD goods" substitute "goods"; and

(b)for "article 4(3) or 4A(3)" substitute "those articles".

(9) In article 11(1)(a), for "4(3) or 4A(3)" substitute "4(1) or 4A(1)".

(10) In article 12-

(a)in paragraph (1), for "3(3), 4(3), 4A(3) or 5A(1)" substitute "4(1) or 4A(1)"; and

(b)omit paragraph (11).

(11) In Schedule 3-

(a)in paragraph 3, for "4(3) or 4A(3)" substitute "4(1) or 4A(1)";

(b)for paragraph 4, substitute-

"4.  If an authorised officer identifies on the ship any goods the carriage of which from Iran constitutes an offence under article 4(1) or the carriage of which to Iran constitutes an offence under article 4A(1), the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide."; and

(c)in paragraph 12(4)(a), for "4(3) or 4A(3)" substitute "4(1) or 4A(1)".

(12) Omit Schedule 4.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886) ("the principal Order") to give effect to changes to certain aspects of United Nations sanctions against Iran which took effect on 16th January 2016 as set out in United Nations Security Council resolution 2231 adopted on 20th July 2015 (S/RES/2231 (2015)). In particular, the Order substitutes new restrictions on the carriage of certain goods to and from Iran in articles 4 and 4A of the principal Order, subject to the licensing provisions in new article 4B. It also omits the restrictions on the provision of ship supply services in article 5A of the principal Order.

The Order also updates and makes minor amendments to other articles in the principal Order. It omits the restrictions on procurement of certain goods from Iran in article 3 of the principal Order as provision is made for this in export control legislation.