The Iran (United Nations Sanctions) (Amendment) Order 2010

Made: 15th December 2010

Laid before Parliament: 16th December 2010

Coming into force: 17th December 2010

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Citation and commencement

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Amendment of the principal Order

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Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, made under the United Nations Act 1946, amends the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886) (“the principal Order”) to give further effect to United Nations sanctions against Iran under resolutions 1737(2006), 1747(2007), 1803(2008) and 1929(2010) of the Security Council.

This amending Order provides enhanced powers of law enforcement in relation to the maritime interdiction of UK flag vessels.

The principal Order is amended by this Order as follows:

Article 3 of this Order amends Article 1(3) of the principal Order such that any offence under the principal Order may be committed by any person within the territory of the United Kingdom (including the territorial seas of the United Kingdom), by persons who are British citizens, bodies incorporated under UK law, persons on board UK ships, and aircraft registered in the UK whilst in international airspace.

Article 4 inserts various definitions, including “customs official” (who is one of several named authorised officers given enforcement powers under Schedule 3), “permitted light water reactor goods”, “ship supply services”, “WMD (weapons of mass destruction) goods” which are prohibited to be supplied to or procured from Iran under Security Council resolutions 1737(2006), 1803(2008) and 1929(2010).

Article 5 amends the relevant articles of the principal Order so that it prohibits the procurement of WMD and military goods from Iran and the carriage of military and WMD goods from Iran. The inclusion of WMD goods is to ensure that the enforcement powers now introduced may be used in relation to the carriage of both prohibited military and WMD goods.

Article 6 omits the provision in the principal Order regarding forfeiture of military goods, as the enforcement powers in Schedule 3 include the power in paragraph 4 to seize and dispose of prohibited military or WMD goods.

Articles 7 amends the principal Order by inserting a new article 4A to prohibit carriage of military or WMD goods (other than permitted light water reactor goods) to Iran in accordance with the requirements of Security Council resolution 1929(2010).

Article 8 renumbers the existing article 5 to become article 5A.

Article 9 inserts a new Article 5 which prohibits the provision of supply services to Iranian registered ships where there is information which provides reasonable grounds to believe that the ship is carrying prohibited items.

Article 10 substitutes a new article 6 in the principal Order empowering an authorised officer to use the enforcement powers set out in Schedule 3 where there are grounds to suspect that a ship contains prohibited military or WMD goods from Iran in contravention of article 4(1) or prohibited WMD or military goods destined for Iran in contravention of article 4A(1). The powers are exerciseable in relation to all ships within the territory of the United Kingdom. Powers are exercisable over UK ships on the high seas. Within the territories of other states the powers are exercisable with permission of Secretary of State given in accordance with article 6B. The new article 6(5) defines who are authorised officers and article 6(6) defines the conduct included in “the commission of an offence”.

Article 11 inserts new articles 6A and 6B. Article 6A enables the Secretary of State to authorise another State to exercise the powers in Schedule 3 in relation to a UK ship suspected of committing the offences in article 4(3) (carriage of prohibited military or WMD goods from Iran) or article 4A(3) (carriage of prohibited WMD or military goods to Iran). Article 6B provides that the powers in Schedule 3 may be exercised over a UK ship in the territory of another State with the authority of the Secretary of State.

Articles 12 and 13 make consequential amendments to articles 7 and 8.

Article 14 substitutes a revised article 9 in the principal Order consequent upon the introduction of Schedule 3.

Article 15 substitutes a revised article 11, expanding on the provisions of the Customs and Excise Management Act 1979 which apply to facilitate the investigation and prosecution of offences under the principal Order.

Article 16 provides penalties in article 12 for the offences in article 4A(3) and paragraph 15 of Schedule 3, and consequential amendments. Article 12(1) and (2) are also amended to take account of section 45 of the Criminal Proceedings etc. Reform (Scotland) Act 2007 and section 154(1) of the Criminal Justice Act 2003.

Article 17 inserts the new Schedule 3 containing the enforcement powers in relation to ships. It consists of three parts. Part 1 sets out the powers. Part 2 makes provision for judicial oversight of the exercise of the powers of arrest or detention. Part 3 provides offences relating to the obstruction of authorised officers in the exercise of their functions.

Article 18 inserts the new Schedule 4 listing the United Nations Security Council documents which contain the lists of prohibited WMD goods. The United Nations Security Council documents which contain the lists of prohibited WMD goods can be accessed on the website of the UN Sanctions Committee set up under resolution 1737 (2006) at the following web address: http://www.un.org/sc/committees/1737/selecdocs.shtml.

A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1946 c. 45.

[^f00002]: S.I. 2009/886.

[^f00003]: S.I. 2008/3231.

[^f00004]: OJ No. L281, 27.10.2010.

[^f00005]: 2006 c.52.

[^f00006]: 1979 c.2.

[^f00007]: 2003 c.44; at the date of this Order, section 154(1) had not been commenced.

Editorial notes