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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Iran (United Nations Measures) (Overseas Territories) Order 2007 No. 282 URL: https://www.bailii.org/uk/legis/num_reg/2007/20070282.html |
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Made | 7th February 2007 | ||
Laid before Parliament | 8th February 2007 | ||
Coming into force | 9th February 2007 |
(6) An offence may be committed under article 4(1), 5(3), 6, 7(3), 8(3), 9(2), 10(2), 12 or 15 by any person in the Territory or by any person elsewhere who is—
Interpretation
2.
—(1) In this Order—
(2) For the purpose of the definition of "relevant institution" in paragraph (1)—
(3) In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
Publicly available list of designated persons and restricted goods
3.
The Governor must—
restricted goods to any person or destination in Iran shall be guilty of an offence under this Order, unless he proves that he did not know and had no reasonable cause to suspect that the goods in question were to be supplied or delivered to a person in Iran.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor under this article.
Exportation of restricted goods to Iran
5.
—(1) Except under the authority of a licence granted by the Governor under this article, restricted goods must not be exported from the Territory to any destination in Iran or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Iran.
(2) Any restricted goods which are exported or attempted to be exported shall be liable to forfeiture.
(3) Any person knowingly concerned in the exportation or attempted exportation of such goods shall be guilty of an offence under this Order.
(4) In any case where a person would, apart from this paragraph, be guilty of an offence under paragraph (3) above and of an offence under article 4(1), he shall not be guilty of the offence under paragraph (3) above.
Provision of assistance, advice or training related to the supply, sale, transfer, manufacture, or use of restricted goods
6.
Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to any person, entity or body in, or for use in, Iran any assistance, advice or training related to the supply, sale, transfer, manufacture or use of restricted goods shall be guilty of an offence under this Order, unless he proves that he did not know and had no reasonable cause to suspect that the assistance, advice or training in question was to be provided to a person, entity or body in, or for use in, Iran.
Use of ships, aircraft and vehicles: restricted goods
7.
—(1) Without prejudice to the generality of article 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Iran to any destination therein.
(2) This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reasonable cause to suspect that the carriage of the goods in question was, or formed part of, carriage from any place outside Iran to any destination therein.
(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Iran was authorised by a licence granted by the Governor under article 4 or 5.
(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Procurement of restricted goods from Iran
8.
—(1) Except under the authority of a licence granted by the Governor under this article, the procurement of restricted goods from Iran is prohibited.
(2) Any restricted goods which are procured or attempted to be procured shall be liable to forfeiture.
(3) Any person knowingly concerned in the procurement or attempted procurement of such goods shall be guilty of an offence under this Order.
(b) in respect of economic resources, to use to obtain funds, goods or services in any way, including (but not limited to) by selling, hiring or mortgaging the resources.
Making funds and economic resources available
10.
—(1) A person must not make funds or economic resources available, directly or indirectly, to or for the benefit of a designated person unless he does so under the authority of a licence granted under article 14.
(2) A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
(3) In proceedings for an offence under this article, it is a defence for a person to show that he did not know and had no reasonable cause to suspect that he was making funds or economic resources available, directly or indirectly, to or for the benefit of a designated person.
Exceptions
11.
—(1) A relevant institution is not guilty of an offence under article 9 or 10 if the institution credits a frozen account with:
(2) Article 9 applies to any funds credited to a frozen account in accordance with this article.
(3) In this article "frozen account" means an account held or controlled by a designated person.
Circumventing prohibitions etc
12.
A person shall be guilty of an offence under this Order if he participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to—
Acting on behalf of a designated person etc
13.
—(1) Where the condition in paragraph (2) is satisfied, the Governor may direct that articles 9,10,11 and 12 are to apply in respect of a person or entity identified in the direction as if he or it were a designated person.
(2) The condition in this paragraph is that the Governor has reasonable grounds for suspecting that the person or entity identified in the direction is or may be—
(3) A direction under paragraph (1) has effect—
(6) The Supreme Court may set aside a direction on the application of—
(7) A person or entity who makes an application under paragraph (6) must give a copy of the application and any witness statement or affidavit in support to the Governor not later than seven days before the date fixed for the hearing of the application.
Licences
14.
—(1) The Governor may grant a licence to exempt dealings or activities specified in the licence from the prohibition in article 9(1) or 10(1).
(2) A licence may relate to—
and, if he fails to do so, he shall be guilty of an offence under this Order, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Declaration as to goods: powers of search
16.
—(1) Any person who is about to leave the Territory shall, if he is required to do so by an officer authorised for the purpose by the Governor —
(2) Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid, provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
(3) Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods, or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
(4) Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence under this Order.
(5) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
Investigation, etc. of suspected ships
17.
—(1) Where any authorised officer has reason to suspect that any ship to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
(2) The further action referred to in paragraph (1)(c) is either —
(3) Without prejudice to the provisions of article 20(3), where —
Investigation, etc. of suspected aircraft
18.
—(1) Where any authorised person has reason to suspect that any aircraft to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
(4) In this article, "authorised person" means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
19.
—(1) Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 7 —
(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
(4) In this article, "authorised person" means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 17 to 19
20.
—(1) No information furnished or document produced by any person in pursuance of a request made under article 17, 18 or 19 shall be disclosed except —
(c) on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Iran decided upon by the Security Council of the United Nations; or
(d) with a view to the institution of, or otherwise for the purposes of, any proceedings —
(c) a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of his powers under article 17, 18 or 19.
(2) A person guilty of an offence under article 14(6) or (7), 20(3)(b)(ii), 21(1) or (2), or paragraph 4(b) or (d) of Schedule 4 is liable—
(3) A person guilty of an offence under article 16(4), or paragraph 2(3) of Schedule 4 is liable:
(4) A person guilty of an offence under article 20(3)(a), 20(3)(b)(i), 20(3)(c) or paragraph 4(a) or (c) of Schedule 4 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
(5) A person guilty of an offence under article 16(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
(6) If an offence under this Order committed by a body corporate is shown—
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
Proceedings
24.
—(1) Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
(2) Summary proceedings for an offence, alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
(3) No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
(4) Irrespective of whether such consent has been obtained, paragraph (3) does not prevent -
(5) In this article, "offence" means an offence under this Order.
Notices
25.
—(1) This article has effect in relation to any notice to be given to a person by the Governor under article 13(5)(a) or 14(5)(a).
(2) Any such notice may be given—
(3) Where the Governor does not have an address in the Territory for the person, he must make arrangements for the notice to be given to him at the first available opportunity.
Functions of the Governor
26.
—(1) The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his functions under this Order to any person or class or description of persons.
(2) References in this Order to the Governor are to be construed accordingly.
(3) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Postponement etc of the operation of the Security Council Resolution
27.
—(1) If the Security Council of the United Nations takes any decision which has the effect of postponing, suspending or cancelling the operation of the Security Council Resolution, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision.
(2) The Governor must publish particulars of the decision in a notice in the official gazette of the Territory.
Miscellaneous
28.
—(1) Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing if—
(2) A thing is duly authorised for the purpose of paragraph (1) if—
Christine Cook
Deputy Clerk of the Privy Council
2.
Any person who commits an offence under article 14(6) or (7), 20(3)(b)(ii), 21(1) or (2), or paragraph 4(b) or (d) of Schedule 4, shall be liable on conviction:
3.
Any person who commits an offence under article 16(4), or paragraph 2(3) of Schedule 4, is guilty of a misdemeanour and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine of any amount or both, and on summary conviction to a fine not exceeding £5,000 or its equivalent, or to both.
4.
Any person guilty of an offence under article 20(3)(a), 20(3)(b)(i), 20(3)(c) or paragraph 4(a) or (c) of Schedule 4 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or both.
5.
Any person guilty of an offence under article 16(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
6.
If a body corporate commits an offence and it is shown that the offence—
the officer, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.
7.
Proceedings for a misdemeanour, alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
8.
Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
9.
No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
10.
Irrespective of whether such consent has been obtained, paragraph (7) does not prevent—
2.
—(1) A relevant institution must as soon as practicable inform the Governor if it knows or suspects that a relevant person—
(2) A relevant institution, where it informs the Governor under sub-paragraph (1), must state—
(3) A relevant institution that fails to comply with a requirement in paragraph (1) or (2) is guilty of an offence.
(4) In this article, "relevant person" means—
3.
—(1) The Governor may request any person in or resident in the Territory to give to him any information or to produce to him any document in his possession or control which he may require for the purpose of—
(d) establishing the nature of any financial transactions entered into by any such person.
(2) This includes power to—
(3) Any person to whom a request is made must comply with it within such time and in such manner as may be specified in the request.
(4) Nothing in this paragraph shall be taken to require any person who has acted as counsel or solicitor for any person to give or produce any privileged information or document in his possession in that capacity.
4.
A person is guilty of an offence if he—
5.
Where a person is convicted of an offence under paragraph 4(a), the court may make an order requiring him, within such period as may be specified in the order, to give the requested information or to produce the requested document.
6.
—(1) The Governor may only disclose any information given or document produced under this Schedule (including any copy or extract made of any such document)—
(b) for the purpose of giving assistance or cooperation, pursuant to the Security Council Resolution, to—
(c) with a view to instituting, or otherwise for the purposes of, any proceedings—
(d) to any third party, with the consent of a person who, in his own right, is entitled to the information or to the possession of the document.
(2) In this paragraph, "in his own right" means not merely in the capacity as a servant or agent of another person.
7.
In this Schedule, "person" includes an entity.
8.
An action done under this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.
© Crown copyright 2007