These regulations are the United Nations Sanctions (Iran) Regulations 2007.

These regulations come into force on 23 March 2007.

(1) In these regulations, unless the context otherwise requires,—

(2) A reference in these regulations to the transfer of a security includes a reference to a transfer of a security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

(3) The Minister may, by notice in the Gazette, or by publication via the Internet or in any other manner the Minister thinks fit, give public notice of all or any of the following, or of details of websites that (at the date of the public notice) provided all or any of the following:

• (a) a list of the names, descriptions, or other identifying details of all or any of the following:

  • (i) any persons or entities who are designated persons (as that term is defined in subclause (1)):

  • (ii) any persons or entities acting on behalf, or at the direction, of persons or entities of the kind specified in subparagraph (i):

• (b) a list of the names, descriptions, or other identifying details of all or any of the following:

  • (i) any entities owned or controlled by Iran:

  • (ii) any persons or entities acting on behalf, or at the direction, of Iran or an entity owned or controlled by Iran:

• (ba) a list of the names of all or any of the following goods:

  • (i) any goods referred to in the definition (in subclause (1)) of nuclear weapon, missile, or enrichment-related goods:

  • (ii) any goods referred to in paragraphs (a), (b), and (c) of the definition (in subclause (1)) of specified nuclear weapon, missile, or enrichment-related goods:

• (c) any additions to, or deletions from, any of the lists referred to in paragraphs (a), (b), and (ba):

• (d) any determinations of the kind referred to in paragraph (d) of the definition (in subclause (1)) of specified nuclear weapon, missile, or enrichment-related goods.

(1) No person may directly or indirectly import into New Zealand from Iran goods that are nuclear weapon, missile, or enrichment-related goods.

(2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that importation of those goods.

(1) No person may directly or indirectly export goods that are specified nuclear weapon, missile, or enrichment-related goods from New Zealand—

• (a) to Iran; or

• (b) for use in Iran; or

• (c) for the benefit of Iran.

(2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that exportation of those goods.

(1) All provisions of the Customs and Excise Act 1996 with respect to prohibited imports (except section 209) apply with respect to goods whose importation is prohibited by regulation 4 in all respects as if the importation of the goods were prohibited by or under section 54 of that Act.

(2) All provisions of the Customs and Excise Act 1996 with respect to prohibited exports (except section 209) apply with respect to goods whose exportation is prohibited by regulation 5 in all respects as if the exportation of the goods were prohibited under section 56 of that Act.

A Customs officer may detain any goods he or she suspects on reasonable grounds to be—

• (a) goods whose importation is prohibited by regulation 4; or

• (b) goods whose exportation is prohibited by regulation 5.

The master of a ship or the pilot in command of an aircraft must not permit to be laden in the ship or aircraft any goods whose exportation is prohibited by regulation 5, knowing that the goods are intended to be exported in contravention of that regulation.

The Customs may withhold the clearance of any ship or aircraft so long as there are on board the ship or aircraft any goods any Customs officer knows to be goods whose exportation is prohibited by regulation 5.

(1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any specified nuclear weapon, missile, or enrichment-related goods, knowing that those goods—

• (a) are intended to be imported by a person in Iran; or

• (b) are to be supplied or delivered to, or to the order of, a person in Iran; or

• (c) are for use in, or for the benefit of, Iran.

(2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods.

(1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any nuclear weapon, missile, or enrichment-related goods or arms, knowing that they (whether or not they originated in Iran) are to be supplied or delivered from Iran.

(2) Subclause (1) does not apply to particular goods or arms or to goods or arms of a particular class if the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods or arms.

(1) No ship or aircraft to which subclause (3) applies may be used for—

• (a) the carriage of any specified nuclear weapon, missile, or enrichment-related goods or arms if the carriage is, or forms part of, the carriage of those goods or arms from any place to Iran; or

• (b) the carriage of any nuclear weapon, missile, or enrichment-related goods or arms if the carriage is, or forms part of, the carriage of those goods or arms (whether or not they originated in Iran) to any place from Iran.

(2) Subclause (1) does not apply if the Minister has consented to that carriage of goods or arms under regulation 4(2), 5(2), 10(2), or 11(2).

(3) This subclause applies to the following ships and aircraft:

• (a) any New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)); and

• (b) any other ship or aircraft that is, for the time being, chartered to—

  • (i) any New Zealand citizen; or

  • (ii) any body incorporated or constituted under the law of New Zealand.

(4) Subclause (1) does not limit regulations 4, 5, 10, and 11.

(1) If any ship or aircraft is used in contravention of regulation 12, each of the following persons is guilty of an offence against these regulations:

• (a) in the case of a New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)), the owner and the master of the ship or, as the case requires, the owner and the pilot in command of the aircraft:

• (b) in the case of any other ship or aircraft, the charterer of the ship or aircraft and, if the master of the ship or pilot in command of the aircraft is a New Zealand citizen, the master or pilot in command.

(2) However, it is a defence to any offence of that kind if the person concerned proves that he or she did not know and had no reason to suppose—

• (a) that the goods or arms carried on the ship or aircraft were or included goods or arms (as the case may be)—

  • (i) to which regulation 12(1)(a) applies; or

  • (ii) to which regulation 12(1)(b) applies; or

• (b) that the carriage of the goods or arms was, or formed part of, the carriage of goods or arms (as the case may be)—

  • (i) from any place to Iran; or

  • (ii) to any place from Iran.

(3) In this regulation, owner and charterer, in relation to a ship, include any person acting as the agent of the owner or, as the case requires, the agent of the charterer.

(1) No person in New Zealand and no New Zealand citizen in any place outside New Zealand, may engage in conduct that assists, or results in, the provision or transfer of technical assistance, technical training, financial assistance, financial resources, or financial services of the specified kind to—

• (a) Iran; or

• (b) any recipient in Iran; or

• (c) any entity owned or controlled by Iran; or

• (d) any person or entity acting on behalf, or at the direction, of Iran or an entity owned or controlled by Iran.

(2) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may receive, or be concerned in the provision or transfer of technical assistance, technical training, financial assistance, financial resources, or financial services of the specified kind provided or transferred by, or at the request of,—

• (a) any person in Iran; or

• (b) a national of Iran outside Iran.

(3) Subclauses (1) and (2) do not apply if the Minister has consented to that provision or transfer of that technical assistance, technical training, financial assistance, financial resources, or financial services of the specified kind.

(4) Technical assistance, technical training, financial assistance, financial resources, or financial services are of the specified kind for the purposes of subclauses (1) to (3) if they are related to the supply, sale, transfer, manufacture, or use of specified nuclear weapon, missile, or enrichment-related goods.

(5) For the purposes of this regulation financial services includes investment, brokering, and related services.

(1) No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

• (a) that is owned or controlled, directly or indirectly, by a designated person or a person or entity acting on behalf, or at the direction, of a designated person; and

• (b) that is located in New Zealand.

(2) Subclause (1) does not apply if the Minister has consented to that transfer, sale, assignment, or disposal of, payment for, or other dealing with, the asset, money, or security.

(3) It is a defence to a prosecution under this regulation in respect of any asset, money, or security derived or generated from any asset, money, or security of the kind specified in subclause (1)(a) (a restricted item) if the defendant proves that he or she received the asset, money, or security in good faith, at a time when he or she did not know that it was a restricted item or derived or generated from a restricted item.

(1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, transfer, or deliver, or knowingly cause to be sent, transferred or delivered, whether directly or indirectly, any asset, money, or security—

• (a) to a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or

• (b) for the benefit of a designated person or a person or entity acting on behalf, or at the direction, of a designated person.

(2) Subclause (1) does not apply if the Minister has consented to that sending, transfer, or delivery of the asset, money, or security.

(1) The Minister may consent to any dealing with an asset, money, or security if the Minister is satisfied that the dealing is necessary—

• (a) for basic expenses, and prior notice of the Minister's intention to consent has been given to the Committee; or

• (b) for extraordinary expenses, and prior notice of the Minister's intention to consent has been given to the Committee and the Committee has approved the dealing; or

• (c) to satisfy a judicial, administrative, or arbitral lien or judgment that took effect before 23 December 2006, other than a lien or judgment for the benefit of a designated person, and prior notice of the Minister's intention to consent has been given to the Committee; or

• (d) for activities directly related to the items specified in paragraph 3(b)(i) or (ii) of resolution 1737 (2006) (which relate to nuclear material and equipment exclusively for use in light water reactors), and prior notice of the Minister's intention to consent has been given to the Committee.

(2) The Minister may consent to the following being added to an account:

• (a) interest or other earnings due on the account:

• (b) payments due under any contract, agreement, or obligation of a designated individual or entity that arose before the date of designation.

(3) Interest and other earnings and payments added to an account under subclause (2) are subject to regulations 15(1) and 16(1).

(4) The Minister may consent to a payment being made by a designated person under a contract entered into before the person became a designated person if—

• (a) the Minister is satisfied that—

  • (i) the contract is not directly or indirectly related to any of the prohibited items, materials, goods, technologies, assistance, training, financial assistance, investment, brokering, or services referred to in paragraphs 3, 4, and 6 of resolution 1737 (2006); and

  • (ii) the payment will not directly or indirectly be received by any designated person; and

• (b) at least 10 working days' notice of the Minister's intention to consent has been given to the Committee.

(5) Regulations 15(1) and 16(1) do not apply to an act authorised by a consent under subclauses (1), (2), or (4).

(6) Regulation 17 does not apply to the giving of a consent under subclauses (1), (2), or (4).

(1) No person designated in Annex II of resolution 1803 (2008) of the Security Council of the United Nations, and no other person designated by the Security Council or the Committee for the purposes of that resolution, may enter New Zealand, or transit through New Zealand, if the travel would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

(2) Subclause (1) does not apply so as to prevent a designated person from entering or transiting through New Zealand if—

• (a) the travel is for activities directly related to the items in paragraph 3(b)(i) or (ii) of resolution 1737 (2006) (which relate to nuclear material and equipment exclusively for use in light water reactors); or

• (b) the Committee has determined that the travel is justified on the grounds of humanitarian need, including religious obligations; or

• (c) the Committee has concluded that the travel would otherwise further the objectives of resolution 1803 (2008) of the Security Council of the United Nations.

(3) Subclause (1) does not apply to a designated person who is a New Zealand citizen.

(4) A permit or visa may be granted or issued, under the Immigration Act 1987, to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the permit or visa is consistent with subclause (1).

(5) This regulation operates in addition to the requirements of the Immigration Act 1987 and of any regulations made under that Act.

Before consenting to an activity under regulation 4(2), 5(2), 10(2), 11(2), 14(3), or 16(2), the Minister must be satisfied that the activity is not inconsistent with the measures set out in paragraphs 3, 4, 6, 7, and 12 of resolution 1737 (2006), paragraphs 4 and 5 of resolution 1747 (2007), or paragraphs 5, 7, and 8 of resolution 1803 (2008) of the Security Council of the United Nations.

Every person commits an offence against these regulations, and is liable accordingly under section 3 of the United Nations Act 1946, who acts in contravention of or fails to comply in any respect with any of the provisions of these regulations.

If an offence against these regulations is alleged to have been committed outside New Zealand, a prosecution for the offence may not be commenced without—

• (a) the Attorney-General's consent; and

• (b) the Attorney-General's certificate that it is expedient that the proceedings be commenced.

These regulations do not affect the operation of the Customs and Excise Act 1996.