UK Offence Report

The Export Control (Iran) Order 2011 (revoked)

UK Statutory Instrument 2011 No. 1297 — creates 12 criminal offences.

12offences created
0recorded in force
0revoked
Made
18 May 2011
In force from
13 June 2011
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
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 makes provision relating to the enforcement of certain restrictive measures against Iran set out in Council Regulation (EU) No 961/2010 of 25 October 2010, repealing Regulation (EC) No 423/2007 (OJ L 281, 27.10.10, p1) (“the Iran Regulation”) . The Iran Regulation implements the sanctions imposed by Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p39), which in turn implements the restrictive measures contained in the United Nations Security Council Resolution UNSCR 1929 (2010) of 9 June 2010 and adopts accompanying measures with a view to supporting that Resolution. The measures include restrictions on trade in dual-use goods and technology, as well as equipment which may be used for internal repression, restrictions on trade in key equipment and technology for the Iranian oil and gas industry, restrictions on financing of certain Iranian related enterprises and restrictions on Iranian investment in the uranium mining and nuclear industry. Article 2 revokes the Orders which currently make provision for penalties for contravention of the restrictive measures against Iran which have been replaced and extended by the Iran Regulation. Article 4 provides that any authorisations which were issued under Council Regulation (EC) No 423/2007 continue to have effect for the purposes of the Iran Regulation. Articles 5 to 9 create offences for contravention of the provisions of the Iran 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 (“the 1979 Act”) (1979 c. 2). Article 10 supplements the provisions of the Iran Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 10(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation. Authorisations may be subject to requirements or conditions which continue even after the activity authorised has been carried out. Article 10(3) 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 11 addresses a limited overlap with the Export Control Order 2008 (“the 2008 Order”). It provides that if someone acts in a way that would breach both this Order and the 2008 Order , that person only commits an offence under this Order. Article 12 contains supplementary provisions about offences. Article 12(1) and (2) provide that circumvention of the prohibitions of the Iran Regulation specified in articles 5, 7, 8(1) or 9 of the Order is an offence. Article 11(3) refers to the limitation of liability in Article 32(2) of the Regulation which provides that the prohibitions set out in the Regulation shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe those prohibitions. Article 13 sets out the penalties relating to the offences in the Order, and makes some consequential modifications to the 1979 Act to ensure that the offences covered by that Act are subject to the same penalties as those in the Order. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 14 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context. Article 15 requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it. A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on BIS website (www.bis.gov.uk).

Offences created by this instrument

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.

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