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Chapter: | 537AF
 | Title: | UNITED NATIONS SANCTIONS (IRAN) REGULATION | Gazette Number: | L.N. 49 of 2011 |
| Section: | 8AA | Heading: | Prohibition against sale and acquisition of interest in commercial activity involving uranium mining | Version Date: | 25/03/2011 |
(1) A specified person must not sell or otherwise make available, directly or indirectly, an interest in a specified commercial activity to a prohibited person.
(2) A specified person must not knowingly provide, directly or indirectly, any financial services or related services that facilitate the acquisition of an interest in a specified commercial activity by a prohibited person.
(3) A prohibited person must not, directly or indirectly, acquire an interest in a specified commercial activity.
(4) A person who contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine and to imprisonment for 7 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(5) A person who contravenes subsection (2) commits an offence and is liable—
(a) on conviction on indictment to a fine and to imprisonment for 7 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(6) A person who contravenes subsection (3) commits an offence and is liable—
(a) on conviction on indictment to a fine and to imprisonment for 7 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(7) It is a defence for a person charged with an offence under subsection (1) to prove that the person did not know and had no reason to believe—
(a) that the interest concerned was an interest in a specified commercial activity; or
(b) that the interest concerned was sold or otherwise made available to a prohibited person.
(8) It is a defence for a person charged with an offence under subsection (3) to prove that the person did not know and had no reason to believe that the interest concerned was an interest in a specified commercial activity.
(9) In this section—
prohibited person (受禁制人士) means—
(a) Iran;
(b) a national of Iran;
(c) an entity incorporated in Iran or subject to Iranian jurisdiction;
(d) a person or entity acting on behalf of, or at the direction of, Iran, a national of Iran or an entity mentioned in paragraph (c); or
(e) an entity owned or controlled by Iran, a national of Iran or an entity mentioned in paragraph (c).
specified commercial activity (指明商業活動) means a commercial activity that involves uranium mining, or the production or use of nuclear materials or technology listed in the International Atomic Energy Agency document INFCIRC 254/Rev. 9/Part 1, including—
(a) uranium-enrichment and reprocessing activities;
(b) all heavy-water activities; and
(c) activities that involve technology related to ballistic missiles capable of delivering nuclear weapons.
specified person (指明人士) means—
(a) a person acting in the HKSAR; and
(b) a person acting outside the HKSAR who is—
(i) both a Hong Kong permanent resident and a Chinese national; or
(ii) a body incorporated or constituted under the law of the HKSAR.
(L.N. 49 of 2011)