Autonomous Sanctions (Suspension of SanctionsIran) Instrument 2016

I, Julie Bishop, Minister for Foreign Affairs, make the following instrument.

Dated 16 January 2016

Julie Bishop

Minister for Foreign Affairs

 

 

 

 

Contents

1 Name...............................................

2 Commencement.........................................

3 Authority.............................................

4 Definitions............................................

5 Suspension of sanctions for specified activities—sanctioned supplies..........

6 Suspension of sanctions for specified activities—sanctioned imports..........

7 Suspension of sanctions for specified activities—sanctioned services..........

8 Suspension of sanctions for specified activities—sanctioned commercial activities..

1  Name

  This is the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Autonomous Sanctions Regulations 2011.

4  Definitions

  In this instrument:

Regulations means the Autonomous Sanctions Regulations 2011.

5  Suspension of sanctions for specified activities—sanctioned supplies

 (1) This section is made for paragraph 5D(a) of the Regulations.

 (2) An activity mentioned in subregulation 4(1) of the Regulations is not a sanctioned supply to the extent that it is covered by that subregulation because of any of paragraphs (b), (c), (d), (h), (i) and (k) of item 2 of the table in subregulation 4(2) of the Regulations.

 (3) An activity mentioned in subregulation 4(4) of the Regulations is not a sanctioned supply to the extent that it is covered by that subregulation because of paragraph 4(4)(a) or (b) of the Regulations.

 (4) An activity mentioned in subregulation 4(4) of the Regulations is not a sanctioned supply to the extent that it is covered by that subregulation because a person, entity or body mentioned in paragraph 4(4)(e) of the Regulations is acting on behalf or at the direction of an entity mentioned in paragraph 4(4)(a) or (b) of the Regulations.

 (5) An activity mentioned in subregulation 4(4) of the Regulations is not a sanctioned supply to the extent that it is covered by that subregulation because an entity or body mentioned in paragraph 4(4)(f) of the Regulations is owned or controlled by an entity mentioned in paragraph 4(4)(a) or (b) of the Regulations.

6  Suspension of sanctions for specified activities—sanctioned imports

 (1) This section is made for paragraph 5D(b) of the Regulations.

 (2) An activity mentioned in subregulation 4A(1) of the Regulations is not a sanctioned import to the extent that it is covered by that subregulation because of item 1 of the table in subregulation 4A(2) of the Regulations.

 (3) An activity mentioned in subregulation 4A(4) of the Regulations is not a sanctioned import to the extent that it is covered by that subregulation because of paragraph 4A(4)(a) or (b) of the Regulations.

 (4) An activity mentioned in subregulation 4A(4) of the Regulations is not a sanctioned import to the extent that it is covered by that subregulation because a person, entity or body mentioned in paragraph 4A(4)(e) of the Regulations is acting on behalf or at the direction of an entity mentioned in paragraph 4A(4)(a) or (b) of the Regulations.

 (5) An activity mentioned in subregulation 4A(4) of the Regulations is not a sanctioned import to the extent that it is covered by that subregulation because an entity or body mentioned in paragraph 4A(4)(f) of the Regulations is owned or controlled by an entity mentioned in paragraph 4A(4)(a) or (b) of the Regulations.

7  Suspension of sanctions for specified activities—sanctioned services

 (1) This section is made for paragraph 5D(c) of the Regulations.

 (2) An activity mentioned in subregulation 5(3) of the Regulations is not a sanctioned service.

 (3) An activity mentioned in subregulation 5(4) of the Regulations is not a sanctioned service for Iran if it assists with, or is provided in relation to, the activity mentioned in paragraph (a) of item 2 of the table in that subregulation.

 (4) An activity mentioned in subregulation 5(4) of the Regulations is not a sanctioned service for Iran if:

 (a) it assists with, or is provided in relation to, an activity mentioned in paragraph (b) of item 2 of the table in that subregulation; and

 (b) it relates to goods that are export sanctioned goods for Iran because of any of paragraphs (b), (c), (d), (h), (i), and (k) of item 2 of the table in subregulation 4(2) of the Regulations.

 (5) An activity mentioned in subregulation 5(5) of the Regulations is not a sanctioned service if it is provided to an entity or person mentioned in item 1 or 2 of the table in that subregulation.

 (6) An activity mentioned in subregulation 5(5) of the Regulations is not a sanctioned service if it is provided to a person, entity or body mentioned in item 5 of the table in that subregulation that is acting on behalf or at the direction of an entity mentioned in item 1 or 2 of that table.

 (7) An activity mentioned in subregulation 5(5) of the Regulations is not a sanctioned service if it is provided to an entity or body mentioned in item 6 of the table in that subregulation that is owned or controlled by an entity mentioned in item 1 or 2 of that table.

8  Suspension of sanctions for specified activities—sanctioned commercial activities

 (1) This section is made for paragraph 5D(d) of the Regulations.

 (2) An activity mentioned in subregulation 5A(1) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in any of items 1 to 3 of the table in that subregulation.

 (3) An activity mentioned in subregulation 5A(2) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in any of items 1 to 3 of the table in that subregulation.

 (4) An activity mentioned in subregulation 5A(2) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in item 7 of the table in that subregulation that is acting on behalf of an entity or a person mentioned in any of items 1 to 3 of the table.

 (5) An activity mentioned in subregulation 5A(2) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in item 8 of the table in that subregulation that is acting at the direction of an entity or a person mentioned in any of items 1 to 3 of the table.

 (6) An activity mentioned in subregulation 5A(2) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in item 9 of the table in that subregulation that is owned or controlled by an entity or a person mentioned in any of items 1 to 3 of the table.

 (7) An activity mentioned in subregulation 5A(3) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in any of items 1 to 3 of the table in that subregulation.

 (8) An activity mentioned in any of paragraphs 5A(4)(a), (b) and (e) of the Regulations is not a sanctioned commercial activity to the extent that it relates to an entity or person mentioned in any of items 1 to 3 of the table in that subregulation.

 (9) An activity mentioned in paragraph 5A(4)(c) of the Regulations is not a sanctioned commercial activity to the extent that it relates to the opening by a financial institution of a representative office in Iran.

 (10) An activity mentioned in paragraph 5A(4)(d) of the Regulations is not a sanctioned commercial activity to the extent that it relates to the establishment by a financial institution of a branch or subsidiary in Iran.