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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Iran (Sanctions) (Amendment) Regulations 2024 No. 944 URL: http://www.bailii.org/uk/legis/num_reg/2024/uksi_2024944_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Regulations made by the Secretary of State, laid before Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018 (c. 13), for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the instrument was made, subject to extension for periods of dissolution, prorogation or adjournment of both Houses for more than four days.
Statutory Instruments
SANCTIONS
Made
11th September 2024
Laid before Parliament
12th September 2024
Coming into force
13th September 2024
The Secretary of State( 1), considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018( 2) is met, makes these Regulations in exercise of the powers conferred by sections 1(1)(c), 5, 15(2)(a), 17, 19, 20, 45, and 54(2) of, and paragraphs 2(b), 4(b) and (c), 5(a)(ii) and (b), 6(a)(ii) and (b), 11(a)(ii), 13(b), (h), (k), (l), (m), (n) and (w), 14(a), (f) and (k), 17(a), 19(a), and 20 to 23 of Schedule 1 to, that Act.
1.—(1) These Regulations may be cited as the Iran (Sanctions) (Amendment) Regulations 2024.
(2) These Regulations come into force on 13th September 2024.
2. The Iran (Sanctions) Regulations 2023( 3) are amended as set out in regulations 3 to 8.
3.—(1) In the heading of Chapter 4 of Part 6, for “Unmanned Aerial Vehicles”, substitute “Goods and Technology of Strategic Concern”.
(2) For regulation 36 (interpretation), substitute—
“36. In this Chapter—
“ goods of strategic concern ” means any thing specified in Schedule 4, other than—
any thing which is technology of strategic concern,
any tangible storage medium on which technology of strategic concern is recorded or from which it can be derived,
any thing for the time being specified in—
any thing for the time being falling within Chapter 1 of Part 5 of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019( 6) ;
“ technology of strategic concern ” means any thing which is described in Schedule 4 as software or technology, within the meaning of that Schedule, other than—
any thing for the time being specified in—
Schedule 2 of the Export Control Order 2008, or
Annex I of the Dual-Use Regulation, or
any thing for the time being falling within Chapter 1 of Part 5 of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019. ”.
(3) In the following regulations, for “unmanned aerial vehicle goods”, in each place it occurs, substitute “goods of strategic concern”—
(a) regulation 37 (export of unmanned aerial vehicle goods) (including the heading);
(b) regulation 38 (supply and delivery of unmanned aerial vehicle goods) (including the heading);
(c) regulation 39 (making unmanned aerial vehicle goods and unmanned aerial vehicle technology available) (including the heading);
(d) regulation 41 (technical assistance relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading);
(e) regulation 42 (financial services and funds relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading);
(f) regulation 43 (brokering services: non-UK activity relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading).
(4) In the following regulations, for “unmanned aerial vehicle technology”, in each place it occurs, substitute “technology of strategic concern”—
(a) regulation 39 (making unmanned aerial vehicle goods and unmanned aerial vehicle technology available) (including the heading);
(b) regulation 40 (transfer of unmanned aerial vehicle technology) (including the heading);
(c) regulation 41 (technical assistance relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading);
(d) regulation 42 (financial services and funds relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading);
(e) regulation 43 (brokering services relating to unmanned aerial vehicle goods and unmanned aerial vehicle technology) (including the heading).
4. In regulation 56(2), for “unmanned aerial vehicle goods”, substitute “goods of strategic concern”.
5. After regulation 56 (trade: exception for emergencies in certain cases), insert—
56A.— (1) The prohibitions in regulations 37(1) (export of goods of strategic concern), 38(1) (supply and delivery of goods of strategic concern), 39(1) (making goods of strategic concern and technology of strategic concern available), 40(1) (transfer of technology of strategic concern), 41(1) (technical assistance relating to goods of strategic concern and technology of strategic concern), 42(1) to (3) (financial services and funds relating to goods of strategic concern and technology of strategic concern), and 43(1) (brokering services: non-UK activity relating to goods of strategic concern and technology of strategic concern) are not contravened by a relevant activity in relation to any goods of strategic concern or technology of strategic concern which are—
(a) the personal effects of a person travelling to Iran,
(b) of a non-commercial nature for the personal use of a person travelling to Iran and contained in that person’s luggage, or
(c) necessary for the official purposes of a diplomatic mission or consular post in Iran, or of an international organisation enjoying immunities in accordance with international law.
(2) For the purposes of paragraph (1)—
“ consular post ” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963( 7) , and any reference to the functions of a consular post is to be read in accordance with that Convention;
“ diplomatic mission ”, and any reference to the functions of a diplomatic mission, is to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961( 8) ;
“ goods of strategic concern ” has the meaning given in regulation 36 (interpretation);
“ relevant activity ” means any activity which would, in the absence of this regulation, contravene the prohibitions specified in paragraph (1);
“ technology of strategic concern ” has the meaning given in regulation 36 (interpretation). ”.
6. In regulation 88(2)(b), for “unmanned aerial vehicle goods and unmanned aerial vehicle technology”, substitute “goods of strategic concern and technology of strategic concern”.
7. After regulation 94 (notices), insert—
94A. Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 6 (Trade). ”.
8. For Schedule 4 (Unmanned aerial vehicle goods and unmanned aerial vehicle technology), substitute Schedule 4 (Goods of strategic concern and technology of strategic concern), which is set out in the Schedule to these Regulations.
Stephen Doughty
Minister of State
Foreign, Commonwealth and Development Office
11th September 2024
Regulation 8
Regulation 36
1.— (1) For the purposes of this Schedule, 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.
(2) For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with sub-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 paragraph—
“ 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( 9) , including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.
2. For the purposes of this Schedule, the following terms have the meaning given to them in the Dual-Use Regulation—
“ development ”;
“ GNSS ”;
“ LIDAR ”;
“ production ”;
“ technology ”;
“ use ”.
3. Any thing falling within a commodity code mentioned in column 1 of the following table.
| (1) Commodity code | (2) Description |
|---|---|
| 8407 10 | Spark-ignition reciprocating or rotary internal combustion piston engines for aircraft |
| 8408 90 | Compression-ignition internal combustion piston engines |
| 8409 10 | Parts suitable for use solely or principally with internal combustion piston engine for aircraft |
| 8411 11 | Turbojets of a thrust not exceeding 25 kn |
| 8411 12 | Turbojets of a thrust exceeding 25 kn |
| 8411 21 | Turbopropellers of a power not exceeding 1100 kw |
| 8411 22 | Turbopropellers of a power exceeding 1100 kw |
| 8411 91 | Parts of turbojets and turbopropellers |
| 8457 10 | Machining centres |
| 8458 11 | Numerically controlled horizontal lathes |
| 8458 91 | Other numerically controlled lathes |
| 8459 61 | Numerically controlled milling machines |
| 8466 93 | Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8461, not elsewhere specified |
| 8471 50 | Processing units other than those of subheading 8471 41 or 8471 49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units |
| 8471 80 | Other units of automatic data processing machines, not elsewhere specified |
| 8481 10 | Pressure-reducing valves |
| 8482 10 | Ball bearings |
| 8482 20 | Tapered roller bearings, including cone and tapered roller assemblies |
| 8482 30 | Spherical roller bearings |
| 8482 50 | Other cylindrical roller bearings, including cage and roller assemblies |
| 8486 10 | Machines and apparatus for the manufacture of boules or wafers |
| 8486 20 | Machines and apparatus for the manufacture of semiconductor devices or of electronic integrated circuits |
| 8486 40 | Machines and apparatus for the manufacture or repair of masks and reticles; for assembling semiconductor devices or electronic integrated circuits; and for lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays |
| 8501 | Electric motors and generators, excluding generating sets |
| 8504 40 | Static convertors |
| 8506 | Primary cells and primary batteries |
| 8511 20 | Ignition magnetos; magneto-dynamos; magnetic flywheels |
| 8511 80 | Electrical ignition or starting equipment of a kind used for spark-ignition or compression-ignition internal combustion engines (for example, ignition magnetos, magneto-dynamos, ignition coils, sparking plugs and glow plugs, starter motors); generators (for example, dynamos, alternators) and cut-outs of a kind used in conjunction with such engines: Other equipment |
| 8517 61 | Base stations |
| 8517 62 | Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus |
| 8517 69 | Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network, not elsewhere specified |
| 8517 71 | Parts of telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528 |
| 8525 83 | Night vision cameras |
| 8525 89 | Cameras, visible or thermal, specially designed for unmanned aerial vehicles |
| 8526 10 | Radar apparatus |
| 8526 91 | Radio navigational aid apparatus |
| 8526 92 | Radio remote control apparatus |
| 8529 10 | Aerials and aerial reflectors of all kinds; parts suitable for use therewith |
| 8529 90 | Other parts suitable for use solely or principally with the apparatus of headings 8524 to 8528, not elsewhere specified |
| 8532 21 | Tantalum capacitors |
| 8532 22 | Aluminium electrolytic capacitors |
| 8532 24 | Ceramic dielectric multilayer capacitors |
| 8534 | Printed circuits |
| 8536 69 | Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors; other |
| 8536 90 | Other electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits, not elsewhere specified |
| 8537 10 | Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity for a voltage not exceeding 1000 v |
| 8541 10 | Diodes, other than photosensitive or light-emitting diodes (LED) |
| 8541 21 | Transistors, other than photosensitive transistors with a dissipation rate of less than 1 w |
| 8541 29 | Transistors, other than photosensitive transistors, not elsewhere specified |
| 8541 30 | Thyristors, diacs and triacs, other than photosensitive devices |
| 8541 49 | Photosensitive semiconductor devices, not elsewhere specified |
| 8541 51 | Semiconductor-based transducers |
| 8541 59 | Semiconductor devices, not elsewhere specified |
| 8541 60 | Mounted piezo-electric crystals |
| 8542 31 | Electronic integrated circuits: processors and controllers |
| 8542 32 | Memories of electronic integrated circuits |
| 8542 33 | Amplifiers of electronic integrated circuits |
| 8542 39 | Other electronic integrated circuits, not elsewhere specified |
| 8543 20 | Signal generators |
| 8543 70 02 | Microwave amplifiers |
| 8543 70 04 | Digital flight-data recorders |
| 8543 70 90 | Other electrical machines and apparatus, having individual functions, not elsewhere specified in chapter 85 |
| 8548 | Electrical parts of machinery or apparatus, not elsewhere specified in chapter 85 |
| 8805 10 | Aircraft launching gear and parts thereof; deck-arrestor or similar gear and parts thereof |
| 8806 91 | Unmanned aerial vehicles other than those designed for carrying passengers |
| 8806 92 | |
| 8806 93 | |
| 8806 94 | |
| 8806 99 | |
| 8807 30 | Other parts of aeroplanes, helicopters or unmanned aircraft |
| 9006 30 | Cameras specially designed for underwater use, for aerial survey or for medical or surgical examination of internal organs; comparison cameras for forensic or criminological purposes |
| 9006 91 | Parts and accessories of photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading 8539 |
| 9013 10 | Telescopic sights for fitting to arms of lasers, other than laser diodes, and of other optical appliances and instruments, not elsewhere specified in chapter 90 |
| 9013 20 | Lasers, other than laser diodes |
| 9013 80 | Other devices, appliances and instruments of lasers, other than laser diodes, and of other optical appliances and instruments, not elsewhere specified in chapter 90 |
| 9013 90 80 | Other parts and accessories of lasers, other than laser diodes, and of other optical appliances and instruments, not elsewhere specified in chapter 90 |
| 9014 20 | Instruments and appliances for aeronautical or space navigation, other than compasses |
| 9014 80 | Other navigational instruments and appliances |
| 9015 10 | Rangefinders |
| 9015 80 | Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders: Other instruments and appliances |
| 9015 90 | Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders: Parts and accessories |
| 9025 80 | Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments: Other instruments |
| 9025 90 | Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments: Parts and accessories |
| 9026 80 | Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032: Other instruments |
| 9026 90 | Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032: Parts and accessories |
| 9027 50 | Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared) |
| 9030 20 | Oscilloscopes and oscillographs |
| 9030 32 | Multimeters, with a recording device |
| 9030 39 | Other instruments and apparatus for measuring or checking voltage, current, resistance or power: Other, with a recording device |
| 9030 82 | Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities: For measuring or checking semiconductor wafers or devices |
| 9031 80 20 | Measuring or checking instruments, appliances and machines, not elsewhere specified in chapter 90; profile projectors: For measuring or checking geometrical quantities |
| 9031 80 80 | Other measuring or checking instruments, appliances and machines, not elsewhere specified in chapter 90; profile projectors |
| 9031 90 | Parts and accessories of measuring or checking instruments, appliances and machines, not elsewhere specified in chapter 90; profile projectors |
| 9032 10 | Thermostats |
| 9033 00 90 | Other parts and accessories (not elsewhere specified in chapter 90) for machines, appliances, instruments or apparatus of chapter 90 |
4. Equipment specially designed for satellite navigation equipment, including aerials and antennas suitable for the reception of GNSS signals.
5. Airborne laser rangefinder.
6. LIDAR systems.
7. Pitot tubes and air measurement sensors for unmanned aerial vehicles.
8. Engine fuel management systems and pressure transmitter for use in unmanned aerial vehicles.
9. Software programming devices for use with unmanned aerial vehicles.
10. Software defined radios designed or modified for use on unmanned aerial vehicles.
11. Single board computers for use in unmanned aerial vehicles.
12. Video encoding devices for use in unmanned aerial vehicles.
13. Technology, designed or specifically adapted for the test, development or production of equipment listed in Parts 2 and 3 of this Schedule. ”.
(This note is not part of the Regulations)
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13)to amend the Iran (Sanctions) Regulations 2023 ( S.I. 2023/1314). These Regulations provide for new trade sanctions measures in relation to Iran.
Prohibitions on the export, supply and delivery and making available of unmanned aerial vehicle goods are extended to include other goods of strategic concern. Prohibitions on the making available and transfer of unmanned aerial vehicle technology are extended to include other technology of strategic concern. Related prohibitions on the provision of technical assistance, financial services, funds and brokering services are also extended in relation to other goods of strategic concern and other technology of strategic concern.
New exceptions from the trade prohibitions on goods of strategic concern and technology of strategic concern are provided for, in relation to personal items and diplomatic missions, consular posts and international organisations. These regulations also address the application of article 20 of the Export Control Order 2008, regarding trade controls with respect to embargoed destinations.
A full impact assessment has not been produced for the Regulations as no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom. A de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £10 million per year.
The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c. 13)is conferred on an “appropriate Minister”. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.
2018 c. 13. Section 1 is amended by the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10)(“ the 2022 Act”), section 57(2) and by the Economic Crime and Corporate Transparency Act 2023 (c. 56)(“ the 2023 Act”), section 35(2). Section 15 is amended by the 2023 Act, section 35(5). Section 17 is amended by the Criminal Justice Act 2023 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 ( S.I. 2022/500), Part 1 of the Schedule, the Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 ( S.I. 2023/149), Part 1 of the Schedule, and the 2023 Act, section 214(3). Section 45 is amended by the 2022 Act, sections 57(4) and 62(3). Section 54 is amended by the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 ( S.I. 2023/1424), paragraph 88(2) of the Schedule.
S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85and subsequently amended by S.I. 2017/697, S.I. 2018/165, S.I. 2018/939, S.I. 2019/137, S.I. 2019/989, S.I. 2021/586, S.I. 2022/1042, S.I. 2023/302, and S.I. 2024/346. There are other instruments which amend other parts of the Order.
Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
United Nations Treaty Series, vol. 596, p.261.
United Nations Treaty Series, vol. 500, p.95.
The Tariff of the United Kingdom, Version 1.20, is available electronically from:https://www.gov.uk/government/publications/reference-document-for-the-customs-tariff-establishment-eu-exit-regulations-2020. A hard copy is available for inspection free of charge at the offices of the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.
