Tariffs. Customs. Trade Remedies

 

On 19 February 2016, Foreign Minister M. McCully announced that New Zealand has completed the domestic processes required to lift the 
United Nations sanctions against Iran. The United Nations (Iran—Joint Comprehensive Plan of Action) Regulations 2016
(SR 2016/9), which come into force on 19 February 2016, replace the current United Nations Sanctions (Iran) Regulations 2010 by imposing a new suite of restrictions in relation to Iran to give effect to UN Security Council Resolution 2231, adopted under the United Nations Charter on 20 July 2015.

Resolution 2231 has replaced the sanctions imposed on Iran by resolution 1747 (2007) and related resolutions with a number of restrictions relating to—

  • nuclear-related material, equipment, or technology:
  • ballistic missile-related technology:
  • Iran’s investment in the nuclear industry:
  • specified military equipment and other arms:
  • the property of designated persons:
  • entry and transit of designated persons into and through New Zealand.

 

A summary of the 
United Nations (Iran—Joint Comprehensive Plan of Action) Regulations 2016
follows:

 

 

Regulations 1 and 2 provide for the title and commencement of these regulations.

Regulation 3 provides a scheme of revocation of groups of provisions of these regulations according to a timeline set out in resolution 2231.

Regulation 4 is an interpretation provision, containing definitions and support provisions and a provision relating to the publication of external material that these regulations incorporate by reference.

Regulations 5 to 11 concern nuclear-related material, equipment, or technology. Restrictions are imposed on the exportation of such goods to Iran, or for use in or for the benefit of Iran. Such exportation must be approved in advance by the Security Council and must be supported by an end-user guarantee accepted by the Secretary of Foreign Affairs and Trade. Associated provisions are concerned with the loading and carriage of these restricted goods onto New Zealand craft, providing related assistance and training, engaging in associated commercial transactions, and the application of the
Customs and Excise Act 1996
.

Regulation 12 restricts persons from engaging in financial transactions with Iran in relation to the nuclear industry. The intended effect is to limit Iranian investment in that industry.

Regulations 13 to 20 concern ballistic missile-type technology. Restrictions are imposed on both exportation to Iran and importation from Iran. In addition, a number of associated provisions similar to those that apply to nuclear-related material, equipment, or technology are included.

Regulations 21 to 28 concern arms. The importation of all arms from Iran is restricted, while exportation to Iran is restricted only in relation to certain specified arms. Associated provisions are again included.

Regulations 29 to 31 implement an asset freeze against designated individuals and entities by prohibiting certain transactions with those persons.

Regulation 32 prohibits individuals who are designated persons from entering or transiting through New Zealand.

Regulations 33 and 34 create offences and require the consent of the Attorney-General for certain prosecutions.

Regulation 35 revokes the
United Nations Sanctions (Iran) Regulations 2010
, which these regulations replace.

Companies trading with Iran will no longer need to register with the Ministry of Foreign Affairs and Trade.

Further information can be found on the MFAT website. Please check our Sanctions blog for updates.