The Iran (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 (revoked)
UK Statutory Instrument 2012 No. 1389 — creates 19 criminal offences.
- Made
- 30 May 2012
- In force from
- 28 June 2012
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Her by section 112 of the Saint Helena Act 1833
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.
The Order amends the Iran (Restrictive Measures) (Overseas Territories) Order 2011. That Order gave effect in the Overseas Territories to the measures adopted by the European Union in Council Regulation (EU) No. 359/2011 (“the 2011 Regulation”) which imposed restrictive measures on certain persons complicit in human rights violations in Iran. This Order gives effect to the amendments to the 2011 Regulation adopted by the Council of the European Union in Council Decision 2012/168 (CFSP) of 23rd March 2012 and implemented in Council Regulation (EU) No. 264/2012 (“the 2012 Regulation”) of 23rd March 2012. The amendments incorporate into the 2011 Regulation a prohibition on the sale, supply, transfer or export to Iran of equipment which may be used for internal repression. The amendments also introduce additional restrictive measures, namely a prohibition on the sale, supply, transfer or export of telecommunications monitoring equipment, technology or software to any person in Iran or for use in Iran and related prohibitions on technical assistance, brokering services, financing and financial assistance. The substantive provisions of this Order include the following: Article 5 requires the Governor to publish lists of EU restricted goods and telecommunications monitoring equipment, technology and software in the Gazette. Article 6 introduces two new substantive restrictive measures. First, there is a prohibition on the supply, delivery or export to Iran, or for use in Iran, of equipment which may be used for internal repression, as listed in Annex III to the 2011 Regulation (as amended by the 2012 Regulation). Secondly, there is a prohibition on the supply, delivery or export of telecommunications monitoring equipment, technology or software, as listed in Annex IV to the 2011 Regulation (as amended by the 2012 Regulation) to any person in Iran, or for use in Iran, except under licence granted by the Governor. The provision of technical assistance, brokering services, financing or financial assistance in relation to those items is prohibited, and so is the provision of telecommunication or internet monitoring or interception services to the government of Iran or related entities.
Offences created by this instrument
- Supply of EU restricted goods to Iran article 3A · Status not determined · Objective fault
- Exportation of EU restricted goods to Iran article 3B(3) · Status not determined · Requires proof of a state of mind
- Assistance related to EU restricted goods article 3C · Status not determined · Objective fault
- Supply of telecommunications monitoring equipment etc to Iran article 3D · Status not determined · Objective fault
- Exportation of telecommunications monitoring equipment etc to Iran article 3E(3) · Status not determined · Requires proof of a state of mind
- Assistance related to telecommunications monitoring equipment etc article 3F · Status not determined · Objective fault
- Provision of telecommunications or internet monitoring or interception services to Iran article 3G · Status not determined · Objective fault
- If any ship, aircraft or vehicle is used in contravention of paragraph (1) then— a in the case of a ship or aircraft… article 3H(3) · Status not determined · Objective fault
- Customs powers to demand evidence of destination which goods reach article 3J(1) · Status not determined · Strict liability
- Customs powers to demand evidence of destination which goods reach article 3J(2) · Status not determined · Strict liability
- Declaration as to goods: powers of search article 3K(3) · Status not determined · Strict liability
- Declaration as to goods: powers of search article 3K(4) · Status not determined · Requires proof of a state of mind
- Provisions supplementary to articles 3L, 3M and 3N article 3O(3) · Status not determined · Requires proof of a state of mind
- RESTRICTED GOODS AND ASSISTANCE Supply of EU restricted goods to Iran 3A Any person who— a supplies or delivers; b… article 6 · Status not determined · Objective fault
- Assistance related to EU restricted goods 3C Any person who, directly or indirectly, provides to any person in Iran,… article 6 · Status not determined · Objective fault
- Supply of telecommunications monitoring equipment etc to Iran 3D Any person who, except under the authority of a… article 6 · Status not determined · Objective fault
- Assistance related to telecommunications monitoring equipment etc 3F Any person who, except under the authority of a… article 6 · Status not determined · Objective fault
- Provision of telecommunications or internet monitoring or interception services to Iran 3G Any person who, except… article 6 · Status not determined · Objective fault
- Customs powers to demand evidence of destination which goods reach 3J 1 Any exporter or any shipper of EU restricted… article 6 · Status not determined · Mixed — some elements strict, some not
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 2012