The Export Control (Iran) Order 2007
UK Statutory Instrument 2007 No. 1526 — creates 13 criminal offences.
- Made
- 24 May 2007
- In force from
- 26 May 2007
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- (EC) No 423/2007, European Communities Act 1972, Export Control Act 2002
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order is part of the United Kingdom implementation of United Nations Security Council Resolution 1737 (2006) (“UNSCR 1737”), which imposes restrictions on trade with Iran. The Council of the European Union has adopted a Common Position (Council Common Position 2007/140/CFSP – “the Common Position”) in response to UNSCR 1737. Council Regulation (EC) No 423/2007 (“the Regulation”) implements the elements of the Common Position that fall within Community competence. This Order implements the provisions of the Regulation that relate to strategic export controls. Article 15 of the Regulation allows its Annexes (with lists of goods etc.) to be amended by the Commission. Article 1(3) of the Order ensures that, if the Regulation is amended by this procedure, the Order does not need to be changed to give effect to those amendments. Articles 2 and 3 create offences for contravention of the provisions of the Regulation referred to there. There are already offences relating to prohibited importation and exportation of goods in sections 50, 68 and 170 of the Customs and Excise Management Act 1979. Article 4 supplements the provisions of the Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 4(1) makes it an offence knowingly or recklessly to provide false information for the purpose of obtaining an authorisation. Authorisations may be subject to requirements or conditions that continue even after the activity authorised has been carried out. Article 4(2) makes it an offence to fail to comply with such continuing requirements or conditions unless they were imposed after the activity was carried out or amended after that time in such a way as to give rise to non-compliance. Article 5 sets out the penalties relating to the offences in the Order. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 6 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context. A full regulatory impact assessment has not been produced for this instrument as no or minimal impact on the private or voluntary sectors is foreseen.
Offences created by this instrument
- A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an… article 2(1) · Status not determined · Mixed — some elements strict, some not
- A person who contravenes Article 5(1)(c) (prohibition on provision to Iran of financing or financial assistance… article 2(2) · Status not determined · Objective fault
- A person who is knowingly concerned in an activity, other than the exportation of goods, prohibited by Article 2(a) of… article 2(3) · Status not determined · Requires proof of a state of mind
- A person who is knowingly concerned in an activity, other than the importation of goods, prohibited by Article 4 of… article 2(4) · Status not determined · Requires proof of a state of mind
- A person who is knowingly concerned in an activity prohibited by or Article 5(1)(a), (b) or (c) of the Regulation with… article 2(5) · Status not determined · Requires proof of a state of mind
- A person who contravenes Article 2(b) (prohibition on participation, knowingly and intentionally, in activities the… article 2(6) · Status not determined · Requires proof of a state of mind
- A person who contravenes Article 5(1)(d) (prohibition on participation, knowingly and intentionally, in activities the… article 2(7) · Status not determined · Requires proof of a state of mind
- A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an… article 3(2) · Status not determined · Strict liability
- A person who contravenes Article 5(2)(c) (authorisation required for provision to Iran of financing or financial… article 3(3) · Status not determined · Strict liability
- A person who— a is concerned in an activity, other than the exportation of goods, for which an authorisation is… article 3(4) · Status not determined · Requires proof of a state of mind
- A person who— a is concerned in an activity for which an authorisation is required by Article 5(2)(a), (b) or (c) of… article 3(5) · Status not determined · Requires proof of a state of mind
- If, for the purpose of obtaining a Community authorisation, a person— a makes any statement or furnishes any document… article 4(1) · Status not determined · Requires proof of a state of mind
- A person who, having acted under the authority of a Community authorisation, fails to comply with any of the… article 4(2) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2007