Commonwealth Numbered Regulations

CHARTER OF THE UNITED NATIONS (SANCTIONS--IRAN) REGULATION 2016 (F2016L01181) - REG 5

                   In this instrument:

"Act " means the Charter of the United Nations Act 1945 .

arms or related matériel includes:

                     (a)  weapons; and

                     (b)  ammunition; and

                     (c)  military vehicles and equipment; and

                     (d)  spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

                     (e)  paramilitary equipment.

"Australian aircraft has the same meaning as in the Criminal Code" .

"Australian ship has the same meaning as in the Criminal Code" .

"Committee " means the Committee that was established by paragraph 18 of Resolution 1737.

"controlled asset " means an asset that is owned or controlled by:

                     (a)  a designated person or entity; or

                     (b)  a person or entity acting on behalf of or at the direction of a designated person or entity; or

                     (c)  an entity owned or controlled by a designated person or entity, including through illicit means.

"designated person or entity " means a person or entity:

                     (a)  included, as at 16 January 2016, on the list established and maintained by the Committee pursuant to Resolution 1737, except for:

                              (i)  persons or entities specified in the attachment to Annex B of Resolution 2231; or

                             (ii)  a person or entity delisted by the Security Council; or

                     (b)  designated by the Security Council for paragraph 6(c) of Annex B of Resolution 2231.

"export sanctioned goods " has the meaning given by section  6.

"goods " includes items, materials, equipment and technology.

"import sanctioned goods " has the meaning given by section 7.

INFCIRC/254/Part 1 means the International Atomic Energy Agency Information Circular "INFCIRC/254/Part 1" as in force from time to time.

INFCIRC/254/Part 2 means the International Atomic Energy Agency Information Circular "INFCIRC/254/Part 2" as in force from time to time.

"JCPOA " means the Joint Comprehensive Plan of Action (Security Council document S/20115/544) attached as Annex A to Resolution 2231.

"paramilitary equipment " means any of the following:

                     (a)  batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

                     (b)  body armour, including:

                              (i)  bullet-resistant apparel; and

                             (ii)  bullet-resistant pads; and

                            (iii)  protective helmets;

                     (c)  handcuffs, leg-irons and other devices used for restraining prisoners;

                     (d)  riot protection shields;

                     (e)  whips;

                      (f)  parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

"permissible goods " means the following:

                     (a)  goods mentioned in B.1 of INFCIRC/254/Part 1--provided that the goods are for light water reactors;

                     (b)  low-enriched uranium mentioned in A.1.2 of INFCIRC/254/Part 1--provided that the low-enriched uranium is incorporated in assembled nuclear fuel elements for light water reactors;

                     (c)  goods set out in the Annex to INFCIRC/254/Part 2--provided that the goods are for exclusive use in light water reactors;

                     (d)  goods directly related to one or more of the following:

                              (i)  the necessary modification of 2 cascades at the Fordow facility for stable isotope production;

                             (ii)  the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium;

                            (iii)  the modernisation of the Arak reactor based on the conceptual design agreed in the JCPOA.

Resolution 1737 means Resolution 1737 (2006) of the Security Council, adopted on 23 December 2006.

Resolution 1747 means Resolution 1747 (2007) of the Security Council, adopted on 24 March 2007.

Resolution 1803 means Resolution 1803 (2008) of the Security Council, adopted on 3 March 2008.

Resolution 1929 means Resolution 1929 (2010) of the Security Council, adopted on 9 June 2010.

Resolution 2231 means Resolution 2231 (2015) of the Security Council, adopted on 20 July 2015.

S/2015/546 means Security Council document S/2015/546.

"sanctioned service " has the meaning given by section 9.

"sanctioned supply " has the meaning given by section 8.

"Security Council " means the United Nations Security Council.

Note:          In this instrument:

(a)    the Department is the Department of Foreign Affairs and Trade; and

(b)    the Minister is the Minister for Foreign Affairs; and

(c)    asset has the meaning given in section 2 of the Act.