The Iran (Sanctions) Regulations 2023

Designation criteria: meaning of “involved person” U.K.

8.—(1) For the purposes of regulations 6(9) (conditions for the designation of persons by name) and 7(10) (conditions for the designation of persons by description), an “ involved person” means a person who—

(a) is or has been involved in—

(i) the commission of a serious human rights violation or abuse in Iran;

(ii) hostile activity by the Government of Iran;

(iii) hostile activity by an armed group backed by the Government of Iran,

(b) is owned or controlled directly or indirectly (within the meaning of regulation 9) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(2) Any reference in this regulation to being involved in the commission of a serious human rights violation or abuse in Iran includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a) being responsible for, engaging in, providing support for, or promoting, any serious human rights violation or abuse in Iran;

(b) providing financial services, or making available funds or economic resources, that could contribute to any serious human rights violation or abuse in Iran;

(c) being involved in the supply to Iran of restricted goods or restricted technology or of material related to such goods or technology, or in providing financial services relating to such supply;

(d) being involved in the supply to Iran of goods or technology which could contribute to any serious human rights violation or abuse in Iran, or in providing financial services relating to such supply;

(e) being involved in assisting the contravention or circumvention of any relevant provision.

(3) Any reference in this regulation to being involved in hostile activity by the Government of Iran or hostile activity by an armed group backed by the Government of Iran includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a) threatening, planning or conducting attacks against persons and assets in the United Kingdom or any other country including—

(i) assassination, kidnap, threats to life, physical threat, assault, harassment, intimidation;

(ii) sabotage of assets;

(b) threatening, planning or conducting attacks against ships including the detention and sabotage of ships;

(c) threatening, planning or conducting activity which is intended to cause the destabilisation of the United Kingdom or any other country including—

(i) activity which undermines or is intended to undermine—

(aa) the integrity, prosperity or security of the United Kingdom or any other country;

(bb) the resolution of any armed conflict or the protection of civilians in conflict zones;

(ii) activity which aids or facilitates serious organised crime in the United Kingdom or any other country;

(d) planning or conducting espionage for the Government of Iran;

(e) carrying on business in the Iranian defence sector;

(f) (i) owning or controlling directly or indirectly (within the meaning of regulation 9), or

(ii) working as a director (whether executive or non-executive), trustee, or other manager or equivalent, of, or

(iii) holding the right, directly or indirectly, to nominate at least one director (whether executive or non-executive), trustee or equivalent of,

a person, other than an individual, which falls within sub-paragraph (e);

(g) any conduct which facilitates (or is intended to facilitate) or gives support or assistance to activity falling within sub-paragraphs (a) to (e);

(h) being involved in assisting the contravention or circumvention of any relevant provision.

(4) In paragraph (1)(d), being “associated with” a person includes—

(a) obtaining a financial benefit or other material benefit from that person;

(b) being an immediate family member of that person.

(5) In paragraphs (2), (3) and (4) (as the case may be)—

“asset” means an asset of any kind whether tangible or intangible and includes in particular real and personal property, electronic systems and information, and ships;

“carrying on business in the Iranian defence sector” includes—

(a)

supplying and exporting controlled goods and controlled technology to Iran;

(b)

developing and stockpiling controlled goods and controlled technology in Iran;

(c)

importing controlled goods and controlled technology into Iran;

“espionage” includes, without authority—

(a)

obtaining, copying, recording or retaining protected information or a trade secret,

(b)

disclosing or providing access to protected information or a trade secret,

(c)

entering a restricted place,

(d)

materially assisting the Iranian intelligence services;

“immediate family member” means—

(a)

a wife or husband;

(b)

a civil partner;

(c)

a parent or step-parent;

(d)

a child or step-child;

(e)

a sibling or step-sibling;

(f)

a niece or nephew;

(g)

an aunt or uncle;

(h)

a grandparent;

(i)

a grandchild;

“integrity”, in respect of a country, includes—

(a)

the exercise of governmental functions of that country;

(b)

the exercise of parliamentary functions in that country;

(c)

the functioning of bodies, organisations or institutions involved in public elections or the voting process;

(d)

the operation of the criminal or civil justice system in that country;

(e)

the provision of essential services to the population, including banking, education, energy, healthcare, sewerage, transport or water;

(f)

the operation of critical national infrastructure;

(g)

the functioning of free and independent news media;

“prosperity”, in respect of a country, includes the effective functioning of the economy, or part of it, of that country;

“relevant provision” means—

(a)

any provision of Part 3 (Finance), Part 6 (Trade) or Part 7 (Ships);

(b)

any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 (Finance), Part 6 (Trade) or Part 7 (Ships);

“restricted goods” and “restricted technology” have the meanings given by Part 6;

“sabotage” means conduct that results in (or is intended to result in) damage to any asset;

“ship” includes every description of vessel (including a hovercraft) used in navigation.

(6) In paragraph (5)—

“controlled goods” means the goods specified in Schedules 1, 2 and 3 to the Export Control Order 2008(1);

“controlled technology” means any thing which is described in Schedules 2 and 3 to the Export Control Order 2008 as software or technology within the meaning of those Schedules;

“damage” includes any of the following (whether permanent or temporary)—

(a)

destruction;

(b)

alteration;

(c)

contamination;

(d)

interference;

(e)

loss of or reduction in access or availability;

(f)

loss of or reduction in function, utility or reliability;

“disclosing protected information or a trade secret” includes parting with possession;

“entering a restricted place” means—

(a)

accessing, entering, inspecting, passing over or under, approaching or being in the vicinity of a restricted place, or

(b)

causing an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a restricted place,

whether that conduct is carried out in person, or by electronic or remote means;

“Iranian intelligence services” includes—

(a)

the Ministry of Intelligence and Security;

(b)

the Islamic Revolutionary Guard Corps Intelligence Organisation;

(c)

the Islamic Revolutionary Guard Corps Quds Force;

“materially assisting the Iranian intelligence services” includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly);

“restricted place” means any vehicle, building or land in the United Kingdom or in any other country which is used, at the time of entry, for the defence or security of the United Kingdom or any other country;

“protected information” means any information, document or other article where, for the purpose of protecting the safety or interests of the United Kingdom or a country other than Iran—

(a)

access to the information, document or other article is restricted in any way, or

(b)

it is reasonable to expect that access to the information, document or other article would be restricted in any way;

“retaining protected information or a trade secret” means a person retains it in their possession or under their control;

“trade secret” means any information, document or other article which—

(a)

is not generally known by, or available to, persons with knowledge of or expertise in the field to which it relates,

(b)

has actual or potential industrial, economic or commercial value which would be, or could reasonably be expected to be, adversely affected if it became generally known by, or available to, such persons, and

(c)

could reasonably be expected to be subject to measures to prevent it becoming generally known by, or available to, such persons (whether or not it is actually subject to such measures).

(7) In paragraph (6)—

“building” includes any part of a building;

“financial benefits” means money or money’s worth;

“vehicle” means any form of transport.

(8) Nothing in any sub-paragraph of paragraphs (2) or (3) is to be taken to limit the meaning of any of the other sub-paragraphs of those paragraphs.

Commencement Information

I1 Reg. 8 in force at 14.12.2023, see reg. 1(2)

(1)

S.I. 2008/3231. Schedule 1 was substituted by S.I. 2010/2007 and subsequently amended by S.I. 2014/702; S.I. 2015/940; and S.I. 2018/939. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; S.I. 2018/939, S.I. 2019/137; S.I. 2019/989; S.I. 2021/586; S.I. 2022/1042; and S.I. 2023/302. Schedule 3 was substituted by S.I. 2010/2007 and subsequently amended by S.I. 2015/940; S.I. 2017/85; S.I. 2018/939; S.I. 2019/137; S.I. 2019/1159; S.I. 2021/586; and S.I. 2023/302. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.