European Union (Iraq Sanctions) Order 2018 Article 1 Statutory Document No. 2018/0212 c European Communities (Isle of Man) Act 1973 EUROPEAN UNION (IRAQ SANCTIONS) ORDER 2018 Approved by Tynwald: Coming into Operation: in accordance with article 2 The Council of Ministers makes the following Order under sections 2A and 2C of the European Communities (Isle of Man) Act 1973. 1 Title This Order is the European Union (Iraq Sanctions) Order 2018. 2 Commencement This Order comes into operation immediately after it is made1. 3 Application of EU instruments (1) Subject to paragraph (2) and the modifications set out in the Schedule, Council Regulation (EC) No 1210/20032 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (“Regulation 1210/2003”), as modified by the following, applies as part of the law of the Island — (a) Council Regulation (EC) No 1799/20033 of 13 October 2003; (b) Commission Regulation (EC) No 2119/20034 of 2 December 2003; (c) Commission Regulation (EC) No 2204/20035 of 17 December 2003; (d) Commission Regulation (EC) No 924/20046 of 29 April 2004; (e) Commission Regulation (EC) No 979/20047 of 14 May 2004; 1 An order made under section 2A of the European Communities (Isle of Man) Act 1973 shall be laid before Tynwald as soon as practicable after it is made, and if Tynwald at the sitting at which the order is laid or at the next following sitting fails to approve it, the order shall cease to have effect. 2 OJ L169, 8.7.2003, p.6. 3 OJ L264, 15.10.2003, p.12. 4 OJ L318, 3.12.2003, p.9. 5 OJ L330, 18.12.2003, p.7. 6 OJ L163, 30.4.2004, p.100. 7 OJ L180, 15.5.2004, p.9. c SD 2018/0212 Page 1 Article 3 European Union (Iraq Sanctions) Order 2018 (f) Commission Regulation (EC) No 1086/20048 of 9 June 2004; (g) Council Regulation (EC) No 1412/20049 of 3 August 2004; (h) Commission Regulation (EC) No 1566/200410 of 31 August 2004; (i) Commission Regulation (EC) No 1087/200511 of 8 July 2005; (j) Commission Regulation (EC) No 1286/200512 of 3 August 2005; (k) Commission Regulation (EC) No 1450/200513 of 5 September 2005; (l) Commission Regulation (EC) No 785/200614 of 23 May 2006; (m) Council Regulation (EC) No 1791/200615 of 20 November 2006; (n) Council Regulation (EC) No 195/200816 of 3 March 2008; (o) Council Regulation (EC) No 175/200917 of 5 March 2009; (p) Council Regulation (EU) No 168/201018 of 1 March 2010; (q) Council Regulation (EU) No 131/201119 of 14 February 2011; (r) Commission Implementing Regulation (EU) No 88/201220 of 1 February 2012; (s) Council Regulation (EU) No 85/201321 of 31 January 2013; (t) Council Regulation (EU) No 517/201322 of 13 May 2013; (u) Council Regulation (EU) No 791/201423 of 22 July 2014; (v) Commission Implementing Regulation (EU) 2016/139824 of 19 August 2016; (w) Commission Implementing Regulation (EU) 2016/145325 of 5 September 2016; (x) Commission Implementing Regulation (EU) 2016/164226 of 12 September 2016; (y) Commission Implementing Regulation (EU) 2016/169527 of 21 September 2016; 8 OJ L207, 10.6.2004, p.10. 9 OJ L257, 4.8.2004, p.1. 10 OJ L285, 4.9.2004, p.6. 11 OJ L177, 9.7.2005, p32. 12 OJ L203, 4.8.2005, p.17. 13 OJ L230, 7.9.2005, p.7. 14 OJ L138, 25.5.2006, p.7. 15 OJ L363, 20.12.2006, p.1. 16 OJ L59, 4.3.2008, p.1. 17 OJ L62, 6.3.2009, p.1. 18 OJ L51, 2.3.2010, p.1. 19 OJ L41, 15.2.2011, p.1. 20 OJ L30, 2.2.2012, p.11. 21 OJ L32, 1.2.2013, p.1. 22 OJ L158, 10.6.2013, p.1. 23 OJ L217, 23.7.2014, p.5. 24 OJ L227, 20.8.2016, p.1. 25 OJ L238, 6.9.2016, p.1. 26 OJ L244, 13.9.2016, p.9. Page 2 SD 2018/0212 c European Union (Iraq Sanctions) Order 2018 Article 3 (z) Commission Implementing Regulation (EU) 2016/236328 of 21 December 2016; (aa) Commission Implementing Regulation (EU) 2017/4429 of 10 January 2017; (ab) Commission Implementing Regulation (EU) 2017/18430 of 1 February 2017; (ac) Commission Implementing Regulation (EU) 2017/44131 of 13 March 2017; (ad) Commission Implementing Regulation (EU) 2017/221732 of 1 December 2017; (ae) Commission Implementing Regulation (EU) 2018/87533 of 15 June 2018; and (af) Commission Implementing Regulation (EU) 2018/97934 of 11 July 2018. (2) This Order does not apply in respect of provisions that apply as part of the law of the Island under section 2(1) of the European Communities (Isle of Man) Act 1973. MADE 17:00 25 JULY 2018 W GREENHOW Chief Secretary 27 OJ L256, 22.9.2016, p.1. 28 OJ L350, 22.12.2016, p.20. 29 OJ L6, 11.1.2017, p.36. 30 OJ L29, 3.2.2017, p.19. 31 OJ L67, 14.3.2017, p.78. 32 OJ L318, 2.12.2017, p.23. 33 OJ L154, 18.6.2018, p.1. 34 OJ L176, 12.7.2018, p.7. c SD 2018/0212 Page 3 European Union (Iraq Sanctions) Order 2018 SCHEDULE SCHEDULE [Article 3(1)] MODIFICATIONS TO THE APPLIED EU INSTRUMENT 1 General (1) In this Schedule a reference to a numbered Article or Annex (without more) is a reference to that Article or Annex so numbered of Regulation 1210/2003. (2) References in Regulation 1210/2003 to “the Community”, “Member State” and “Member States” are to be read as if the Island were itself a Member State, its territory were included within the Union territory and for the purposes of European Union law, were a separate country from the United Kingdom. (3) The Annexes to Regulation 1210/2003 apply to the Island as they are amended from time to time. 2 Specific modifications (1) In Article 5(3), for “shall inform the other Member States and the Commission”, substitute «may inform such other Member States or the Commission as they consider appropriate». (2) Omit Article 6(1)(c). (3) In Article 7(2), omit “, and, directly or through these competent authorities, to the Commission”. (4) In Article 8(1)(a), omit “, and, directly or through these competent authorities, to the Commission”. (5) Omit Article 11. (6) In Article 13 — (a) for “The Commission and the Member States shall immediately inform each other” substitute «Member States may inform such other Member States or the Commission as they consider appropriate»; and (b) for “shall supply each other”, substitute «may as they consider appropriate supply each other». (7) In Article 15 omit the second paragraph. (8) In Article 15a, omit the second paragraph. (9) Omit Article 17. (10) Omit Article 18(1) and (2). c SD 2018/0212 Page 5 SCHEDULE European Union (Iraq Sanctions) Order 2018 (11) After Article 18, omit the statement of effect and application. (12) In Annex V, after the entry for the UNITED KINGDOM insert — «ISLE OF MAN https://www.gov.im/categories/tax-vat-and-your-money/customs-and- excise/sanctions-and-export-control/» Page 6 SD 2018/0212 c European Union (Iraq Sanctions) Order 2018 Explanatory Note EXPLANATORY NOTE (This note is not part of the Order) This Order applies the provisions of Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq, as substantively amended by a number of subsequent EU instruments, (“the EC Regulation”) as part of the law of the Island. As the EC Regulation has effect in the Island the Annexes to the EC Regulation are to be read as those Annexes as amended from time to time. The EC Regulation provides for the imposition of various restrictive measures, including asset freezes against the previous Government of Iraq and those persons and entities connected with Saddam Hussein, prohibitions on the import, export or dealing in Iraqi cultural property etc. which have been illegally removed from Iraq, and on the participation in activities to circumvent those prohibitions. The EU measures implement and complement United Nations Measures, given effect in the Island by means of the Iraq (United Nations Sanctions) (Isle of Man) Order 200035 and the Iraq (United Nations Sanctions) (Isle of Man) Order 200336. 35 SI 2000/3245, as amended by SI 2001/3649, SI 2003/1347, SI 2003/1522 and SI 2004/1982. 36 SI 2003/1522, as amended by SI 2004/1982. c SD 2018/0212 Page 7 Consolidated Version of Council Regulation (EC) No 1210/2003 (up to and including Commission Implementing Regulation (EU) 2018/979) of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof, Having regard to Common Position 2003/495/CFSP on Iraq and repealing Common Positions 1996/741/CFSP and 2002/599/CFSP37, Having regard to the proposal from the Commission, Whereas: (1) Further to United Nations Security Council Resolution 661 (1990) and subsequent relevant Resolutions, in particular Resolution 986 (1995), the Council imposed a comprehensive embargo on trade with Iraq. This embargo is at present laid down in Council Regulation (EC) No 2465/96 of 17 December 1996 concerning the interruption of economic and financial relations between the European Community and Iraq38.