CH.16 – 16] INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES)

STATUTE LAW OF THE BAHAMAS LRO 1/2010

INTERNATIONAL OBLIGATIONS

(ECONOMIC AND ANCILLIARY MEASURES) (IRAN) ORDER

1. This Order may be cited as the International Obligations (Economic and Ancillary Measures) (Iran) Order, 2008.

2. Subject to paragraph 4, no person in The Bahamas and no Bahamian outside The Bahamas shall directly or indirectly –

(a) supply, sell or transfer to, or for the use in or benefit of, Iran, by way of a Bahamian registered vessel or aircraft, items, materials, equipment, goods and technology which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems set out in the First Schedule as follows – (i) those set out in sections B.2, B.3, B.4, B.5,

B.6, and B.7 of INFCIRC/254/Rev.8/Part I in document S/2006/814;

(ii) those set out in sections A.1 and B.1 of INFCIRC/254/Rev.8/Part I in document S/2006/814, except the supply, sale or transfer of – (aa) equipment covered by B.1 when such

equipment is for light water reactors, (bb) low-enriched uranium covered by A.1.2

when it is incorporated in assembled nuclear fuel elements for such reactors;

(iii) those set out in document S/2006/815; (iv) any additional items, materials, equipment,

goods and technology, determined by the Committee established pursuant to paragraph 18 of resolution 1737 (2006) (“the Committee”), which could contribute to enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems;

(v) those set out in INFCIRC/254/Rev.7/Part 2 of document S/2006/814, except the supply,

S.I. 105/2008

Citation.

Prohibition on supply, sale or transfer of nuclear weapon delivery systems and equipment.

First Schedule.

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sale or transfer in accordance with the requirements of paragraph 5 of resolution 1737 (2006), of items, materials, equipment, goods and technology in sections 1 and 2 of the Annex to that document, and sections 3 through 6 as notified in advance to the Committee, only when for exclusive use in light water reactors, and where such supply, sale or transfer is necessary for technical cooperation provided to Iran by the International Atomic Energy Agency (IAEA) or under its auspices pursuant to paragraph 16 of resolution 1737 (2006);

(vi) any other items not listed in documents S/2006/814 or S/2006/815 if the Minister determines that they would contribute to enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems; and

(vii) any additional items that the Minister determines would contribute to the pursuit of activities related to other topics about which the International Atomic Energy Agency has expressed concerns or identified as outstanding;

(b) supply, sell, or transfer to Iran, by way of a Bahamian registered vessel or aircraft, battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on Conventional Arms;

(c) procure from Iran, by way of a Bahamian registered vessel or aircraft, items, materials, equipment, goods and technology set out in the First Schedule;

(d) provide to Iranian nationals, specialised teaching or training, of disciplines which would contribute to Iran’s proliferation sensitive nuclear activities and to the development of nuclear weapon delivery systems;

First Schedule.

CH.16 – 18] INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES)

STATUTE LAW OF THE BAHAMAS LRO 1/2010

(e) provide to Iran any technical assistance or training, financial assistance, investment, brokering or other services that are related to the supply, sale, transfer, manufacture or use of the prohibited items, materials, equipment, goods and technology set out in the First Schedule; and

(f) transfer to Iran financial resources or services related to the supply, sale, transfer, manufacture, or use of the prohibited items, materials, equipment, goods and technology set out in the First Schedule.

3. Subject to paragraph 4(b), no funds, other financial assets and economic resources held in banks or financial institutions licensed in The Bahamas that are owned or controlled, directly or indirectly, by –

(a) persons or entities listed in the Second Schedule; and

(b) any additional person or entity designated by the Committee, shall be made available to a person or entity mentioned in subparagraphs (a) and (b), or to a person or entity acting on behalf of, or at the direction of a person or entity mentioned in subparagraphs (a) and (b).

4. This Order does not prohibit — (a) the supply, sale, transfer, manufacture or use of

the prohibited items, materials, equipment, goods and technology set out in the First Schedule, where the Committee determines in advance and on a case-by-case basis that such supply, sale or transfer or provision of such items or assistance would clearly not contribute to the development of Iran’s technology in support of its proliferation sensitive nuclear activities and of the development of weapon delivery systems including where such items or assistance as for good, agricultural, medical or other humanitarian purposes: Provided that — (i) contracts for delivery of such items or

assistance include appropriate end-user guarantees; and

First Schedule.

First Schedule.

Freezing of Funds, etc. of designated persons and entities.

Second Schedule.

Exemptions.

First Schedule.

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(ii) Iran has committed not to use such items in proliferation of sensitive nuclear activities or for the development of nuclear weapon delivery systems; and

(b) persons or entities listed in the Second Schedule — (i) from accessing funds, other financial assets

and economic resources that are determined by the Minister, based on the conditions specified in paragraph 13 of Security Resolution 1737 (2006), to be — (aa) necessary for basic expenses,

extraordinary expenses and activities directly related to the items specified in subparagraph (a) (i) and (a) (ii) of paragraph 2; or

(bb) the subject of judicial, administrative, or arbitral lien or judgment; and

(ii) from making payments due under a contract entered into prior to the listing of that person or entity by the Committee, if the Minister, after notifying the Committee pursuant to paragraph 15 of Security Resolution 1737(2006), determines that — (aa) the contract is not related to any of the

prohibited items, materials, equipment, goods, technology, assistance, training, financial assistance, investment, brokering or services under paragraph 2;

(bb) the payment is not, directly or indirectly, received by a person or entity designated by the Committee.

The Schedules originally Gazetted and mentioned in paragraphs 2, 3 and 4 are omitted in this revised edition.

Second Schedule.