The Iran (United Nations Sanctions) Order 2009

Made: 8th April 2009

Laid before Parliament: 9th April 2009

Coming into force: 10th April 2009

At the Court at Windsor Castle, the 8th day of April 2009Present,The Queen’s Most Excellent Majesty in Council

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Citation, commencement, operation and extent

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Interpretation

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PROCUREMENT OF MILITARY GOODS

Procurement of military goods from Iran

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Use of ships, aircraft and vehicles: military goods

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GENERAL

Offences in connection with applications for licences, conditions attaching to licences, etc.

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Investigation, etc. of suspected ships

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Investigation, etc. of suspected aircraft

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Investigation, etc. of suspected vehicles

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Provisions supplementary to articles 6 to 8

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Obtaining of evidence and information

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Investigations by the Commissioners

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Penalties and proceedings

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Exercise of the powers of the Secretary of State

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SCHEDULE 1 — DISCLOSURE OF INFORMATION – LISTED TERRITORIES

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SCHEDULE 2 — EVIDENCE AND INFORMATION

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3

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Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

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Footnotes

[^f00001]: 1946 c. 45.

[^f00002]: S.I. 2008/3231.

[^f00003]: 2002 c.28.

[^f00004]: 1995 c. 21.

[^f00007]: 1980 c. 43.

[^f00008]: 1995 c. 46.

[^f00009]: S.I. 1981/1675 (N.I. 26)

[^f00010]: 1984 c.60.

Editorial notes

[^key-4c01d73cc15a090e1899c44cc8d22d24]: Order revoked (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 8(a); S.I. 2020/1514, reg. 5 [Editorial note: No historical revised versions have been created for amendments to this S.I. made prior to its final revocation. A revised version of how the S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the 'Original (As Made)' version from the left-hand menu. For further details of the amendments see the List of All Changes available in 'More Resources' above]

Procurement of military goods or WMD goods from Iran

Use of ships, aircraft and vehicles: Military and WMD goods to Iran

4A

• (1) Except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of WMD goods, other than permitted light water reactor goods, or military goods if the carriage is, or forms part of, carriage from any place outside Iran to any destination therein.

• (2) This article applies—

• (a) to any United Kingdom ship;

• (b) to aircraft registered in the United Kingdom; and

• (c) to any other ship or aircraft that is for the time being chartered to any person who is—

• (i) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or

• (ii) a body incorporated or constituted under the law of any part of the United Kingdom.

• (3) If any ship, aircraft or vehicle referred to in paragraph (1) is used in contravention of paragraph (1) then—

• (a) in the case of a United Kingdom ship or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

• (b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he or she is such a person as is referred to in paragraph (2)(c)(i) or (ii), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

• (c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under this Order, unless the person proves that he or she did not know and had no reason to suppose 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 United Kingdom of the goods concerned to Iran was authorised by a licence granted by the Secretary of State under the Export Control Order 2008.

• (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.

Ship Supply Services to Iranian ships

5A

• (1) Except under the authority of a licence granted by the Secretary of State under this article, the provision of ship supply services to any ship registered in Iran is prohibited, in the circumstances set out in paragraph (2).

• (2) The circumstances referred to in paragraph (1) are where there is information which provides reasonable grounds to believe that the ship is carrying items, the supply, delivery, sale, transfer, export or procurement of which is prohibited by articles 2, 3, 4, 5, 8 and 9 of Council Regulation (EC) No 961/2010, the Export Control Order 2008 or by articles 4 or 4A of this Order.

• (3) Any person knowingly concerned in the provision or attempted provision of such services in such circumstances shall be guilty of an offence under this Order.

Investigation of suspect ships

Authority to other states in relation to United Kingdom ships

6A

• (1) The Secretary of State may authorise a state other than the United Kingdom to exercise, in relation to a United Kingdom ship, powers corresponding to the powers set out in Part 1 of Schedule 3 for a purpose mentioned in article 6(1).

• (2) An authorisation under paragraph (1) may be subject to such conditions or limitations, if any, as the Secretary of State sees fit.

• (3) An authorisation under paragraph (1) may be given by the Secretary of State—

• (a) of his or her own motion, or

• (b) in response to a request from a state other than the United Kingdom;

• (4) An authorisation under paragraph (1) may be general or particular.

Exercise of powers in territorial sea of other states

6B

• (1) The powers set out in Part 1 of Schedule 3 may be exercised with respect to a ship in the territory or territorial sea of any state other than the United Kingdom with the authority of the Secretary of State.

• (2) The Secretary of State must not give his or her authority unless the Secretary of State is satisfied that that state has consented to the exercise of those powers.

Investigation, etc. of suspected aircraft

Investigation, etc. of suspected vehicles

Provisions supplementary to articles 7 and 8 and Schedule 3

Obtaining of evidence and information

Customs Investigations

Penalties and proceedings

Exercise of the powers of the Secretary of State

SCHEDULE 3 — Enforcement powers in respect of ships

PART 1 — THE POWERS

1

• (1) An authorised officer may stop and board the ship.

• (2) If the authorised officer thinks it is necessary for the exercise of the authorised officer’s functions, the authorised officer may require the ship to be taken to a port or anchorage:

• (a) in the United Kingdom, or

• (b) in any other country or territory willing to receive it,

and detain it there.

• (3) If the ship is stopped in waters landward of the baselines from which the territorial sea adjacent to the United Kingdom is measured or in the territorial sea adjacent to the United Kingdom, the authorised officer may require it to be taken to any place in those waters or that sea specified by the authorised officer.

• (4) For any purpose mentioned in sub-paragraph (1) to (3), the authorised officer may require the master or any member of the crew to take such action as may be necessary.

• (5) If a ship is detained by an authorised officer, that officer must serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by service on the master of a further notice in writing signed by an authorised officer.

• (6) Sub-paragraph (5) does not apply if it is not reasonably practicable to serve the notice on the master.

2

• (1) An authorised officer may search the ship, anyone on it and anything on it, including its cargo.

• (2) An authorised officer may require any person on the ship to give information concerning that person or anything on the ship.

• (3) Without prejudice to the generality of those powers an authorised officer may:

• (a) open any containers,

• (b) make tests and take samples of anything on the ship,

• (c) require the production of documents, books or records relating to the ship or anything on it,

• (d) make photographs or copies of anything the authorised officer has power to require to be produced.

3

If an authorised officer has reasonable grounds to suspect that an offence under article 4(3) or 4A(3) has been committed the authorised officer may:

• (a) arrest without warrant anyone on the ship whom the authorised officer has reasonable grounds for suspecting to be guilty of the offence, and

• (b) seize and detain anything found on the ship which appears to the authorised officer to be evidence of the offence.

4

If an authorised officer identifies on the ship any military goods or WMD goods prohibited to be carried from Iran under article 4(1) or WMD or military goods prohibited to be carried to Iran under article 4A(1), the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide.

5

• (1) A person may be taken with an authorised officer to assist the authorised officer in the exercise of the authorised officer’s functions.

• (2) A person taken with an authorised officer under sub-paragraph (1) may perform any of the authorised officer’s functions under paragraphs 1 to 4 and 6 and 7 but only under the authorised officer’s supervision.

6

• (1) An authorised officer may use reasonable force in the performance of the authorised officer’s functions.

• (2) Such force may be used only if:

• (a) the authorised officer or any person assisting the authorised officer is being obstructed in the performance of the authorised officer’s functions, or

• (b) it is necessary to ensure the safety of the authorised officer, any person assisting the authorised officer or any other person on board the ship.

7

An authorised officer may take any equipment or materials to assist the authorised officer in the exercise of the authorised officer’s powers.

8

A person authorised to act as an authorised officer must, if required, produce evidence of that authority.

PART 2 — JUDICIAL AUTHORISATION

9

• (1) This paragraph applies where—

• (a) an authorised officer boards a ship under paragraph 1,

• (b) there are one or more persons on board the ship when it is boarded,

• (c) an authorised officer requires the ship to be taken to a place for the purposes of exercising any of the powers of search under paragraph 2(1), and

• (d) for the purposes of taking the ship to that place or for the purposes of exercising any of those powers of search, an authorised officer requires one or more of the persons on board to remain on the ship.

• (2) The persons may be required to remain on board the ship after the end of the period of 48 hours beginning with the time when the ship is boarded (“the 48 hour period”) only if—

• (a) the requirement is authorised by a judicial authority under sub-paragraph (4), or

• (b) the requirement is authorised by virtue of sub-paragraphs (6) and (7).

• (3) An application for authorisation by a judicial authority may be made by any authorised officer.

• (4) The judicial authority must authorise an authorised officer to require the persons to remain on board for a further period not exceeding 72 hours if satisfied—

• (a) that it is reasonable for an authorised officer to require the ship to be taken to the place in question for the purposes of exercising any of the powers of search under paragraph 2(1), and

• (b) that all reasonable steps are being taken to ensure that the ship arrives at the place, and that the search is completed, as soon as is practicable.

• (5) If the judicial authority does not authorise an authorised officer to require the persons to remain on board for a further period, any authorised officers on board the ship, and any persons taken with them under paragraph 5, must leave the ship as soon as it is practicable for them to do so without endangering themselves or any other person on board the ship.

• (6) Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either—

• (a) it is not possible to make an application for authorisation before the end of the 48 hour period, or

• (b) although such an application is made within the 48 hour period, it is not determined during that period.

• (7) The persons may be required to remain on board the ship after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.

• (8) In subparagraph (1) the reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.

• (9) In this paragraph and paragraph 10, “judicial authority” means either of the following—

• (a) a judge of the Administrative Court in the Queen’s Bench Division of the High Court;

• (b) a sheriff in Scotland.

10

• (1) This paragraph applies where a judicial authority gives authorisation under paragraph 9(4) (whether the authorisation is the first given in relation to the persons or, by virtue of sub-paragraph (2) below, the second or subsequent).

• (2) Sub-paragraphs (2) to (8) of paragraph 9 apply in relation to the persons as if the references in sub-paragraphs (2), (6)(a) and (b) and (7) to the 48 hour period were references to the further period authorised by the judicial authority.

11

• (1) An application made, or an authorisation given, under paragraph 9 may be made or given orally or in writing.

• (2) An application under that paragraph may be made and determined without notice to any of the persons required to remain on the ship.

• (3) Nothing in paragraph 9(5) prevents authorised officers (or persons taken with them under paragraph 5) who are required to leave the ship from taking with them anything that has been lawfully seized in the exercise of the powers conferred by Part 1 of this Schedule.

12

• (1) This paragraph applies where an authorised officer arrests a person under paragraph 3(a).

• (2) The arrested person may be detained after the end of the period of 48 hours beginning with the time of the arrest (“the 48 hour period”) only if—

• (a) the detention is authorised by a judicial authority under sub-paragraph (4), or

• (b) the detention is authorised by virtue of sub-paragraphs (6) and (7).

• (3) An application for authorisation may be made by any authorised officer.

• (4) A judicial authority must authorise the detention of the person for a further period not exceeding 72 hours if satisfied—

• (a) that there are reasonable grounds to suspect that the person is guilty of an offence under article 4(3) or 4A(3),