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Mr Mohsen Akhaven Nik, his son Mr Mohammad Akhavan Nik and Mr Nithish Jaitha have been jailed for a total of 10 years for conspiracy to export controlled goods. The trio were sentenced at Southwark Crown Court following a 5 week trial.
The 3 businessmen were involved in a plot to supply military equipment to keep Iranian F-14 'Tomcat' fighter jets (as featured in the 1980s film "Top Gun") airborne and combat ready.
HM Revenue & Customs (HMRC) uncovered the plot when they found a consignment of oxygen cylinders at Heathrow Airport bound for Tehran, breaking the terms of a 1993 embargo on military goods exported to Iran.
The technical equipment, which is vital in enabling fighter pilots to breathe at high altitude, is specifically tailored for military jets and has limited civilian application.The defendants claimed the items were for use in the health sector, specifically for breathing apparatus in an ambulance. To reinforce their claims, the accused fabricated documents and trade catalogues, but court evidence from technical experts showed this to be untrue.
The plot involved the 3 men acting as middlemen by sourcing items on E-Bay in the United States and shipping to an address in Florida to avoid export controls, before onward dispatch to Iran via the UK, Romania and Hong Kong. The conspiracy involved a network of illegal shipments and fraudulent documents.
Customs officers had previously warned Mr Mohsen Akhavan Nik against such prohibited trade in 2000 when an illegal shipment of lasers to Iran was seized. He claimed the goods were used to project advertising slogans onto the outside of buildings. The devices were in fact not for advertising but battle simulation by tanks. Despite this warning, they continued trading in breach of the UK's export control legislation and Iran sanctions.
Peter Millroy, Head of HMRC's specialist unit on military exports, said:
"These men were involved in a complex and lucrative conspiracy to supply military equipment to Iran in contravention of a UK arms embargo. This is an excellent result dismantling as it does this particular supply route."
David Green QC, Director of RCPO, added that:
"This is an excellent example of international law enforcement and prosecuting agencies working together to prevent arms trafficking, and more specifically to end the activities of a major Iranian arms procurement network."
Full press releases issued by HMRC and the RCPO providing further details about the case are available on the Government's News Distribution Service. See:
The case was prosecuted on behalf of HMRC by The Revenue & Customs Prosecution Office (RCPO) which was created by Royal Assent on 07 April 2005. The RCPO is an independent prosecuting authority. It reports directly to the Attorney General and is responsible for prosecuting some of the largest drug and fraud cases in the UK.
Exporters must take their export control responsibilities seriously and ensure full compliance with the regulations. This includes taking reasonable steps to assure themselves that end-uses / end-users are legitimate - in cases of doubt exporters should contact the ECO. As this and other recent cases show, HMRC and RCPO can and will take action to enforce the controls.
The ECO publishes up to date information about Iran sanctions. The ECO also provides comprehensive advice about ensuring Compliance with export controls.
Details of controlled items are published on the UK Strategic Export Control Lists as well as extensive guidance in the Licensing Advice and Resources.
To keep informed of export control legislation Join the ECO Mailing List or register for ECO's Training and Seminars.
For further details of strategic export controls please contact the ECO.
This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.
Export Control Organisation
5 May 2009
NTE200913
