How New Zealand regulates business with Iran

From the New Zealand Ministry of Foreign Affairs and Trade:

From 1 March 2011, persons in New Zealand, New Zealand citizens in any place outside New Zealand, and any entity incorporated or constituted under New Zealand law, or that is otherwise subject to New Zealand's jurisdiction must register with the Ministry of Foreign Affairs and Trade if they intend to do business with people in Iran, or with entities that are controlled by Iranians.

The registration requirement applies to the supply and receipt of both goods and services. The registration requirement also applies to goods and services that are imported from Iran and exported to Iran. It is illegal to do business with Iran without being registered. The registration scheme is provided for in the United Nations (Iran) Sanctions Amendment Regulations 2010.

The Amendment Regulations implement United Nations Security Council Resolution 1929. Resolution 1929 expands the existing arms embargo in respect of Iran, bans Iranian investment in uranium mining, extends existing travel restrictions, and extends the existing asset freeze and financial sanctions in respect of Iran. Resolution 1929 also imposes an obligation on states to require their nationals to “exercise vigilance” when doing business with Iran, to ensure that they do not contribute to violations of specified Security Council Resolutions relating to Iran.

New Zealand has decided to implement the obligation to require its nationals to “exercise vigilance” through a compulsory registration scheme, administered by the Ministry of Foreign Affairs and Trade. New Zealand's implementation of Resolution 1929, through the Amendment Regulations, is designed to ensure that legitimate trade with Iran may continue, and that people engaging in such trade exercise the necessary degree of vigilance.

It is essential that New Zealanders fully comply with regulations that implement Security Council sanctions. Given the wide scope of these regulations, and the penalties for non-compliance, it is essential that anyone contemplating doing business with Iran obtain independent legal advice before engaging in any business with people in Iran or with entities that are controlled from Iran. This guidance material does not constitute legal advice. The Ministry of Foreign Affairs and Trade does not accept liability for any loss or damage caused to any person relying on it.

And a good explanation of the registration procedure:

From 1 March 2011 registration will be required in order to do business with Iran. You need to apply for registration with the Ministry of Foreign Affairs and Trade. Application forms are available on the link below.

You will need to ensure that you complete the application form in full. Failure to do so will result in delays in registration being granted. The form requires the applicant to provide:

    • The full name of the applicant
    • A description of the general nature of that business.
    • Proof of the identity of every person or entity with whom, or with which, the business is to be done.
    • The steps taken to ascertain the identity of every person or entity with whom, or with which, the business is to be done

In addition, the application form will require the applicant to complete a declaration stating that that he or she believes, on reasonable grounds, that the business to be done could not contribute to violations of applicable United Nations sanctions concerning Iran.

Applicants are advised to ensure that they have conducted appropriate due diligence concerning their business partners in Iran. The provision of inadequate information about the person or entity with whom, or with which, the business is to be done is likely to result in a request for additional information. This will delay registration.

Applicants are advised to provide as much information as possible about their business partners in Iran. In the case of companies, for example, this may include details of their ownership, shareholders, activities, details of past dealings with the applicant, and so on.

In the case of individuals, this may include proof of identity, details of the person's directorships, shareholdings, positions held in government or in state or corporate bodies and so on.

Applications are also likely to be delayed or declined if the individuals or entities in Iran are named in applicable Security Council resolutions, or on the publicly notified “black lists” maintained by New Zealand's security partners.

If registration is granted, you will receive a registration number and will need to retain your confirmation and records of the business conducted with Iran (both written and electronic) for 7 years in accordance with Amendment Regulations. These records must be kept in a safe place and be provided to authorities if requested.

Links:

Iran Business Registration Form

Guide to Completing Iran Business Registration Form

Frequently-asked Questions

 

Specific UN Lists added to Watchlists page

Through the New Zealand regulator's page, I found a bunch of links to PDFs of a bunch of UN lists. You have to pore over the documents carefully, though – in some cases, the listed individuals are subject to arms embargoes, assets freezes and/or travel bans. I also added a link to a page where all the lists of items that can't be exported to North Korea is listed.

One cool find is the DPRK sanctions list in Korean!

Breaking News: Turkish Scandal Expands to Include Iranian Oil

The Daily Beast reports that the ongoing corruption scandal in Turkey now includes massive sanctions breaches of the restrictions imposed on Tehran. Arrested were an Iranian businessman for allegedly bribing the Turkish Economic Minister while facilitating $120 billion of transactions with Tehran, as well as the CEO of Turkish Halkbank, who was discovered hiding $4 million in hard currency in shoeboxes in his house.

So, what did they do? Apparently, they converted the proceeds of Iranian oil and natural gas sales to gold, which was then shipping to Iran through Dubai. Estimates of the amounts involved are in the billions of US dollars.

And, apparently, it's not completely news on Capitol Hill – 47 legislators called on the Secretary of State and Secretary of the Treasury to sanction Halkbank.

To quote the Vice President, it's a big deal. Will it scuttle the emerging nuclear enrichment deal with Iran? Personally, Mr. Watchlist doubts it – denying Tehran nuclear weapons is too important – but he doesn't overestimate the stupidity of US lawmakers, either.

Stay tuned and read all the gory details in the meantime… as well as a statement by Turkey's Deputy Prime Minister for Economic and Financial Affairs rejecting the EU and US sanctions on Iran

Link:

Turkey and Iran Accused of Oil-for-Cash Sanctions Scheme (The Daily Beast)

Turkey Rejects US, EU Unilateral Iran Sanctions (PressTV.ir)

 

Save the dates!

Mr. Watchlist's New Year's resolution (which he will really try to keep to this year) is to keep on top of compliance events for the coming year. I've just updated the Events page with lots of things – financial crimes conferences, export control conferences and some training events as well. It's mostly Western Hemisphere and Europe, but I did find a 1-day AML Summit in Mumbai in my Web searches.

I will also try a lot harder to not let the calendar go stale – items that are done with should not stay on the calendar. And I promise to revamp the list with new events at least quarterly, so you have some lead time on registering and attending.

So, if there's an event I've missed, please let me know and I will add it – even if there is not a webpage dedicated to it yet (I can always add the link later).

Burmese Carrots, Burmese Sticks

It made a lot of news when the military leaders of Myanmar released Aung San Suu Kyi, and made some initial steps towards democracy. So much so, that governments around the world made signfiicant reductions in the sanctions placed on the government. There was even a news story about how the US had been having secret talks with the government, and had held off adding additional names to the SDN List, all in the hopes of incentivizing progress on democratic reforms.

Then, all of a sudden, OFAC actually added to the Burmese sanctions list last week! What gives?

This is a classic example of how sanctions works. Do something nice (release political prisoner), get rewarded. Do something bad (trade arms with North Korea), get punished.

You can read some important nuances into how this was handled. First, only one individual and 3 entities were added. It's highly unlikely these are the only folks implicated in the arms trade – OFAC was sending a warning shot over Yangon's bow to cut it out before all the progress that has been made this year is lost.

Secondly, these new listings were made under the Burmese program – and announced as such. The OFAC website didn't list these under the North Korean sanctions. And, yet, similar relationships are laid out closer to home – Machine Metals Engineering's involvement with the Iranian regime is listed under the Iran program (it's a German firm), for example. As such, it was a warning to the ruling junta that what Washington giveth, it can taketh away. And that the assumption was that the trading with North Korea was condoned, if it promulgated by, the government, not private interests – and that the government would be held accountable for the actions.

December 19, 2013: Swiss update Al-Qaida/Taliban, Belarus sanctions lists

On Thursday, SECO added:

SSID: 10-27102 Foreign identifier: QI.A.320.13. Name: Abd-al-Hamid Al-Masli

DOB: 1976 POB: a) Darnah, Libya b) Danar, Libya Good quality a.k.a.: a) Abd-al-HamidMuhammad Abd-al-Hamid Al-Masli b) Abd-al-Hamid Musalli c) Hamid Masli Low qualitya.k.a.: a) Hamza al-Darnawi b) Hamzah al-Darnawi c) Hamza Darnawi d) Hamzah Darnawie) Hamzah Dirnawi f) Hamza Darnavi g) Hamza al-Darnavi h) Abdullah Darnawi i) Abu-Hamzah al-Darnawi Address: Waziristan, Federally Administered Tribal Areas, Pakistan(Reportedly located) Nationality: Libya

Other information: Leader and trainer of an Al-Qaida electronics and explosives workshopproducing improvised explosive device components. Modifications: Listed on 20 Dec 2013

and deleted:

SSID: 10-13492 Foreign identifier: QI.A.166.04. Name: Youcef Abbes

DOB: 5 Jan 1965 POB: Bab el Oued, Algiers, Algeria Low quality a.k.a.: GiuseppeNationality: Algeria

Relation: Other information: Italian authorities issued bench warrant for him on 2 Jul 2008.Considered a fugitive from justice by the Italian authorities as of 5 Jul 2008. Father’s name isMokhtar. Mother’s name is Abbou Aicha. Brother of Moustafa Abbes (QI.A.163.04). Reviewpursuant to Security Council resolution 1822 (2008) was concluded on 22 Jul 2010.Modifications: Amended on 15 Nov 2013, de-listed on 20 Dec 2013

from its Al-Qaida/Taliban sanctions.

It also added 3 individuals:

SSID: 20-26393 Name: Kakunin Alexander Aleksandrovich Spelling variant: a) КакунинАлександр Александрович (Belarusian) b) Какунiн Аляксандр Аляксандровiч (Russian)Justification: Responsible for inhumane treatment of political prisoners D. Bondarenko, A.Sannikau and A. Beliatski in penal colony IK-2 in Bobruisk. Opposition activists weretortured, denied access to lawyers and placed in the solitary confinement in the penal colonyunder his supervision. Kakunin put pressure on A. Beliatski and A. Sannikau in order to forcethem to sign an appeal for pardon. Other information: Head of penal colony IK-2 inBobruisk. Modifications: Listed on 20 Dec 2013

SSID: 20-26398 Name: Lopatko Alexander Alexandrovich Spelling variant: a) ЛопаткоАлександр Александрович (Belarusian) b) Лапатка Аляксандр Аляксандровiч (Russian)Justification: Responsible for inhumane treatment of D. Dashkevich, including tortures anddenial of access to legal representation. Lopatko used threats of physical and sexualviolence in order to force D. Dashkevich into signing an appeal for pardon. Otherinformation: Deputy Head of penal colony IK-9 in Mazyr. Modifications: Listed on 20 Dec2013

SSID: 20-26403 Name: Trutko Yuriy Igorevich Spelling variant: Трутко Юрий Игоревич(Belarusian)

Justification: Responsible for inhumane and cruel treatment of political prisoners D.Bondarenko, A. Sannikau and A. Beliatski in penal colony IK-2 in Bobruisk. Oppositionactivists were tortured, denied access to legal representation and placed in the solitaryconfinement in the penal colony under his supervision. Trutko put pressure on A. Beliatskiand A. Sannikau in order to force them to sign an appeal for pardon. Other information:Deputy Head of penal colony IK-2 in Bobruisk. Modifications: Listed on 20 Dec 2013

removed 13 individuals:

SSID: 20-4429 Name: Rusakevich Uladzimir Vasilievich Spelling variant: a) RusakevichVladimir Vasilievich (Russian) b) Русакевіч Уладзімір Васільевіч (Belarusian) c)РУСАКЕВИЧ Владимир Васильевич (Russian)

DOB: 13 Sep 1947 POB: Vygonoshchi, Brest district

Justification: Has actively undermined democracy in Belarus. As a former Minister ofInformation, he was the main person responsible for the pressure and repression of theindependent media and journalists between 2003 and 2009. Modifications: Amended on 14Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4497 Name: Smirnou Iauhen Aliaksandravich Spelling variant: a) SmirnouYauhen Aliaksandravich (Belarusian) b) Smirnov Evgeni Aleksandrovich (Russian) c)Smirnov Yevgeni Aleksandrovich (Russian) d) Смірноў Яўген Аляксандравіч (Belarusian)e) СМИРНОВ Евгений Александрович (Russian)

DOB: 15 Mar 1949 POB: Riazan district, Russian Federation Identification document: IDcard No. 3160872K021PB4, Belarus

Justification: Chairman of the EurasEc court, First Deputy of the Chairman of the EconomicCourt. Responsible for the repression of civil society and of the democratic opposition, inparticular in relation to the 2006 elections. Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4504 Name: Ravutskaia Nadzeia Zalauna Spelling variant: a) RavutskayaNadzeya Zalauna (Belarusian) b) Reutskaia Nadezhda Zalovna (Russian) c) ReutskayaNadezhda Zalovna (Russian) d) Равуцкая Надзея Залаўна (Belarusian) e) РЕУТСКАЯНадежда Заловна (Russian)

Justification: Judge of the Moscow district of Minsk. Responsible for the repression of civilsociety and of the democratic opposition. The way she has imple-mented her role hascontributed to the creation of an atmosphere of fear within society, in particular in relation tothe 2006 elections. Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4508 Name: Trubnikau Mikalai Aliakseevich Spelling variant: a) TrubnikovNikolai Alekseevich (Russian) b) Трубнікаў Мікалай Аляксеевіч (Belarusian) c)ТРУБНИКОВ Николай Алексеевич (Russian)

Justification: Judge of the Partizanski district of Minsk. He was directly involved in thejudicial repression of civil society and of the democratic opposition in 20062007. On 15January 2007, he sentenced the political activist Andrei Dzmitriev to 3 days in jail. His way ofconducting the trial was a clear violation of the Code of Criminal Procedure. He sustainedthe use of evidence and testimonies irrelevant to the accused. Modifications: Amended on14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4512 Name: Kupryianau Mikalai Mikhailavich Spelling variant: a) KupriianovNikolai Mikhailovich (Russian) b) Kuprianov Nikolai Mikhailovich (Russian) c) KupriyanovNikolai Mikhailovich (Russian) d) Купрыянаў Мікалай Міхайлавіч (Belarusian) e) КУПРИЯНОВ Николай Михайлович (Russian)

Justification: One of the main actors of the crackdown and repression of the democraticopposition and of civil society between 2002 and 2008. Former Deputy Prosecutor General,a key role in the judicial system of the Lukashenka regime. Modifications: Amended on 14Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4537 Name: Mikhasiou Uladzimir Ilich Spelling variant: a) Mikhasev Vladimir Ilich(Russian) b) Міхасёў Уладзімір Ільіч (Belarusian) c) МИХАСЕВ Владимир Ильич(Russian)

DOB: 14 Oct 1949 POB: Sosnovka, Shklov rayon (Сосновка, Шкловского района), Mogilevdistrict (Могилевской области)

Justification: Has actively undermined democracy in Belarus. Former Сhairman of theRegional Election Committee of the Gomel region, former Member of the Lower Chamber ofthe Parliament. As Chairman of a Regional Electoral Commission, he was directlyresponsible for the violations of international electoral standards, in particular in thePresidential elections in 2006 in the Gomel region. Modifications: Amended on 14 Dec2012, de-listed on 20 Dec 2013

SSID: 20-4541 Name: Luchyna Leanid Aliaksandravich Spelling variant: a) Luchina LeonidAleksandrovich (Russian) b) Лучына Леанід Аляксандравіч (Belarusian) c) ЛУЧИНАЛеонид Александрович (Russian)

DOB: 18 Nov 1947 POB: Pristupovschina (Приступовщина Дзержинского), Minsk region(рна Минской обл)

Justification: Has actively undermined democracy in Belarus. Former Сhairman of theRegional Electoral Commission of the Grodno district. As Chairman of a Regional ElectoralCommission, he was directly responsible for the violations of international electoralstandards in the Presidential elections, in particular in 2006 in the Grodno region.Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4555 Name: Kurlovich Uladzimir Anatolievich Spelling variant: a) KurlovichVladimir Anatolievich (Russian) b) Курловіч Уладзімір Анатольевіч (Belarusian) c)КУРЛОВИЧ Владимир Анатольевич (Russian)

Justification: Has actively undermined democracy in Belarus. Former Сhairman of theRegional Electoral Commission of the Minsk region. As Chairman of a Regional ElectoralCommission, he was directly responsible for the violations of international electoralstandards in the Presidential elections, in particular in 2006 in the Minsk region.Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4559 Name: Miatselitsa Mikalai Tsimafeevich Spelling variant: a) MetelitsaNikolai Timofeevich (Russian) b) Мяцеліца Мікалай Цімафеевіч (Belarusian) c)МЕТЕЛИЦА Николай Тимофеевич (Russian)

Justification: Has actively undermined democracy in Belarus. Former Сhairman of theRegional Electoral Commission of the Mogilev district. As Chairman of a Regional ElectoralCommission, he was directly responsible for the violations of international electoralstandards in the Presidential elections, in particular in 2006 in the Mogilev region.Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4795 Name: Kulik Mikalai Mikalaevich Spelling variant: a) Kulik NikolaiNikolaievich (Russian) b) Кулік Мікалай Мікалаевіч (Belarusian) c) Кулик Николай Николаевич (Russian)

Justification: Prosecutor of the City of Minsk until 31 July 2012. Responsible for therepression of civil society following the December 2010 elections. Modifications: Amendedon 14 Dec 2012, de-listed on 20 Dec 2013

SSID: 20-4799 Name: Dudkin Anatol Kanstantsinavich Spelling variant: a) Dudkin AnatoliKonstantinovich (Russian) b) Дудкін Анатоль Канстанцінавіч (Belarusian) c) ДудкинАнатолий Константинович (Russian)

Justification: Prosecutor on Transport Issues of Belarus. Responsible for the repression ofcivil society following the December 2010 elections. Modifications: Amended on 14 Dec2012, de-listed on 20 Dec 2013

SSID: 20-4803 Name: Dranitsa Aliaksandr Mikalaevich Spelling variant: a) DranitsaAleksandr Nikolaevich (Russian) b) Драніца Аляксандр Мікалаевіч (Belarusian) c)Драница Александр Николаевич (Russian)

Justification: Army Prosecutor. Responsible for the repression of civil society following theDecember 2010 elections. Modifications: Amended on 14 Dec 2012, de-listed on 20 Dec2013

SSID: 20-5190 Name: Komar Volha Spelling variant: a) Komar Olga (Russian) b) КомарВольга (Belarusian) c) Комар Ольга (Russian)

Justification: Judge of the Frunzenski District of Minsk, dealing with the case of protestorVasili Parfenkov. Responsible for implementing the politically motivated administrative andcriminal sanctions against representatives of civil society. Modifications: Amended on 14Dec 2012, de-listed on 20 Dec 2013

and 5 entities:

SSID: 20-5816 Name: LLC Delovaya Set Spelling variant: ООО Деловая сеть(Belarusian)

Justification: Entity controlled by Vladimir Peftiev. Relation: Controlled by PeftsieuUladzimir Paulavich (SSID 20-5300) Modifications: Amended on 14 Dec 2012, de-listed on20 Dec 2013

SSID: 20-5820 Name: CJSC Sistema investicii i inovacii Spelling variant: ЗАО Системыинвестиций и инноваций (Belarusian)

Justification: Entity controlled by Vladimir Peftiev. Relation: Controlled by PeftsieuUladzimir Paulavich (SSID 20-5300) Modifications: Amended on 14 Dec 2012, de-listed on20 Dec 2013

SSID: 20-5824 Name: PUC Sen-Ko Spelling variant: ЧУП СенКо (Belarusian)Justification: Entity controlled by Vladimir Peftiev. Relation: Controlled by PeftsieuUladzimir Paulavich (SSID 20-5300) Modifications: Amended on 14 Dec 2012, de-listed on20 Dec 2013

SSID: 20-5828 Name: PUC BT Invest Spelling variant: ЧУП БТ Инвест (Belarusian)Justification: Entity controlled by Vladimir Peftiev. Relation: Controlled by PeftsieuUladzimir Paulavich (SSID 20-5300) Modifications: Amended on 14 Dec 2012, de-listed on20 Dec 2013

SSID: 20-5844 Name: Tekhnosoyuzpribor Spelling variant: Техносоюзприбор(Belarusian)

Justification: Entity controlled by Vladimir Peftiev. Relation: Controlled by PeftsieuUladzimir Paulavich (SSID 20-5300) Modifications: Amended on 14 Dec 2012, de-listed on20 Dec 2013

and updated 234 records in its Belarus program.

 

Mr. Watchlist has updated the Watchlists page accordingly.

 

Links:

SECO Al-Qaida/Taliban update notice

Data files of Al-Qaida/Taliban changes – PDF, XML

SECO Belarus update notice

Data files of Belarus changes – PDF, XML