The Export Control (Iran Sanctions) Order 2012

PART IIOFFENCES RELATING TO PROHIBITIONS IN THE IRAN SANCTIONS REGULATION

Offences related to goods and technology listed in Annex I or II or in the Common Military List of the European Union

4.  A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 2(1) (prohibition on sale, etc. of goods and technology listed in Annex I or II to any Iranian person, entity or body or for use in Iran);

(b)Article 4 (prohibition on purchase, etc. from Iran of goods and technology listed in Annex I or II);

(c)Article 5(1)(a) (prohibition on provision of technical assistance related to the goods and technology listed in the Common Military List of the European Union to any Iranian person, entity or body or for use in Iran);

(d)Article 5(1)(b) (prohibition on provision of technical assistance or brokering services related to the goods and technology listed in Annex I or II to any Iranian person, entity or body or for use in Iran);

(e)Article 5(1)(c) (prohibition on provision of financing or financial assistance related to goods and technology in the Common Military List of the European Union or listed in Annex I or II to any Iranian person, entity or body or for use in Iran).

Offences related to goods and technology in Annex III

5.—(1) A person commits an offence and may be arrested if that person—

(a)is concerned in an activity, except by exporting goods and technology, for which authorisation is required by Article 3(1) of the Iran Sanctions Regulation (authorisation required for sale, etc. of goods and technology listed in Annex III to any Iranian person, entity or body or for use in Iran);

(b)does not have the required authorisation; and

(c)is knowingly concerned in that activity with intent to evade a prohibition in that Article.

(2) A person commits an offence and may be arrested if that person—

(a)is concerned in an activity for which authorisation is required by Article 5(2)(a) or (b) of the Iran Sanctions Regulation (authorisation required for the provision of technical assistance, financing or financial assistance related to the goods and technology listed in Annex III to any Iranian person, entity or body or for use in Iran);

(b)does not have the required authorisation; and

(c)is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

Offences related to key equipment or technology listed in Annex VI

6.  A person who is knowingly concerned in an activity, other than the export of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 8(1) (prohibition on sale, etc. of equipment and technology listed in Annex VI to any Iranian person, entity or body or for use in Iran);

(b)Article 9(a) (prohibition on provision of technical assistance or brokering services related to equipment and technology listed in Annex VI to any Iranian person, entity or body or for use in Iran);

(c)Article 9(b) (prohibition on provision of financing or financial assistance related to equipment and technology listed in Annex VI to any Iranian person, entity or body or for use in Iran).

Offences related to crude oil and petroleum products listed in Annex IV

7.  A person who is knowingly concerned in an activity, other than the import of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 11(1)(b) (prohibition on purchase of crude oil or petroleum products which are located in or which originated in Iran);

(b)Article 11(1)(c) (prohibition on transporting crude oil or petroleum products if they originate in Iran, or are being exported from Iran to any other country);

(c)Article 11(1)(d) (prohibition on provision of financing or financial assistance related to the import, purchase or transport of crude oil and petroleum products of Iranian origin or that have been imported from Iran).

Offences related to petrochemical products listed in Annex V

8.  A person who is knowingly concerned in an activity, other than the import of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 13(1)(b) (prohibition on purchase of petrochemical products which are located in or which originated in Iran);

(b)Article 13(1)(c) (prohibition on transporting petrochemical products if they originate in Iran, or are being exported from Iran to any other country);

(c)Article 13(1)(d) (prohibition on provision of financing or financial assistance related to the import, purchase or transport of petrochemical products of Iranian origin or that have been imported from Iran).

Offences related to the movement of gold, precious metals or diamonds listed in Annex VII

9.  A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 15(1)(a) (prohibition on sale, etc. of gold, precious metals and diamonds as listed in Annex VII, to the Government of Iran, its public bodies, corporations and agencies, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(b)Article 15(1)(b) (prohibition on purchase, etc. of gold, precious metals and diamonds as listed in Annex VII, from the Government of Iran, its public bodies, corporations and agencies, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(c)Article 15(1)(c) (prohibition on provision of technical assistance or brokering services, financing or financial assistance, related to goods listed in Annex VII to the Government of Iran, its public bodies, corporations and agencies, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them).

Offences related to the movement of Iranian bank notes and coins

10.  A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 16 of the Iran Sanctions Regulation (prohibition on sale, etc. of newly printed or unissued Iranian denominated bank notes and minted coinage to, or for the benefit of, the Central Bank of Iran) with intent to evade a prohibition in that Article commits an offence and may be arrested.

Offences related to restrictions on financing of certain enterprises

11.—(1) A person who is knowingly concerned in an activity prohibited by any of the following Articles of the Iran Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 17(1)(a) (prohibition on the granting of any financial loan or credit to any Iranian person, entity or body engaged in certain specified activities);

(b)Article 17(1)(b) (prohibition on the acquisition or extension of a participation in any Iranian person, entity or body engaged in certain specified activities);

(c)Article 17(1)(c) (prohibition on the creation of a joint venture with any Iranian person, entity or body engaged in certain specified activities);

(d)Article 17(4) (prohibition on establishing cooperation with an Iranian person, entity or body engaged in the transmission of natural gas as referred to in Article 17(3)(b) of the Iran Sanctions Regulation).

(2) A person commits an offence and may be arrested if that person—

(a)is concerned in an activity for which authorisation is required by Article 18(1) of the Iran Sanctions Regulation (the making of an investment through transactions referred to in Article 17(1) in an Iranian person, entity or body engaged in the manufacture of goods or technology listed in Annex III);

(b)does not have the required authorisation; and

(c)is knowingly concerned in that activity with intent to evade a prohibition in that Article.

Offences related to restrictions on investment on Iranian uranium mining and nuclear industry

12.  A person who is knowingly concerned in an activity prohibited by Article 22 of the Iran Sanctions Regulation (accepting or approving, by concluding an agreement or by any other means, that the granting of any financial loan or credit, or the acquisition or extension of a participation, or the creation of a joint venture be made by one or more Iranian persons, entities or bodies, in an enterprise engaged in any of the activities specified in Article 22(a) to (c)) with intent to evade a prohibition in that Article commits an offence and may be arrested.