UK Offence Report

Offences in connection with applications for licences, conditions attaching to licences, etc.

article 6(1) of The Export of Goods (Control) Order 1989

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 If for the purpose of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods or of obtaining from the Secretary of State

a European Community export licence as referred to in article

3 of this Order any person makes any statement or furnishes any document or information which to his knowledge is false in

a material particular or recklessly makes any statement or furnishes any document or information which is false in

a material particular he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding two thousand pounds and on conviction on indictment to

a fine or imprisonment for

a term not exceeding

2 years, or to both; and any licence or permission or European Community export licence which may have been granted for the exportation or shipment as ships' stores of any goods, in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (for the purpose of obtaining, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly, for the purpose of obtaining.

What would breach article 6(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Entering a figure on a form or return that is known to be wrong under the Export of Goods (Control) Order 1989.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

'to a fine' with no stated maximum.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
15 December 1989
In force from
14 February 1990
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and replaces the Export of Goods (Control) Order 1987 and the subsequent amendment thereto. The changes (apart from minor or drafting changes) it effects are as follows:— Export control is lifted on certain jig grinders, certain floor-type horizontal boring mills, certain pumps, valves, cocks and pressure regulators, unreinforced tubing, manufactur ing and testing equipment for coxial cable, certain wind tunnels for educational purposes or not specially designed or fitted with means for preheating the air, general purpose acoustic emission equipment for discriminating acoustic emissions related to crack growth, certain integrated flight instrument systems, certain gyrostabilisers, certain specially designed test calibration and diagnostic equipment for compasses, gyros, accelerometers and inertial equipment, certain airborne communication equipment, certain Doppler navigation equipment, certain radio altimeters, certain Loran-C navigation equipment, certain ground and marine navigation equipment, certain airborne civil weather radar, certain global positioning satellite receivers, certain specialised testing or calibrating equipment for navigation direction finding, radar and airborne communication equipment, certain infrared thermal equipment and infrared viewing equip ment, telecommunication transmission equipment using analogue techniques, certain equipment for radio relay transmission of television signals, certain communication satellite earth station equipment, certain industrial radio relay communication equipment, certain semiconductor lasers, reversed-twist double-armoured underwater communication cable, coaxial cables, certain programmable electronic instruments, certain programmable signal analysers (spectrum analysers), certain flatbed microdensitometers, certain parametric or paramagnetic amplifiers, certain cathode ray tubes, certain cold cathode tubes, non-coherent light emitting diodes, field effect transistors designed for audio frequency applications, certain semiconductor photodiodes, certain magne trons and klystrons, certain electronic or magnetic amplifiers, induction potentiometers, induction rate (tachometer) generators, servo-motors, precision potentiometers, direct current and alternating current torquers, electro-optical devices designed to monitor relative rotation of remote surfaces, synchronous motors, semiconductor Hall field probes, cylindrical structures for analogue video recording and reproducing equipment, certain single aperture forms, seamless tube and pipe, cobalt-based alloys containing 5% or more tantalum, niobium (columbium), molybdenum alloys, tantalum and tantalum alloys, vanadium and vanadium alloys, certain superconductive alloys, certain lubricating oils, and where the exportation was prohibited only by virtue of an import certificate having been issued; reduced in scope on equipment for milling aircraft skins or spars, numerical control units, crystal pullers, robots and robot controllers, passive acoustic hydrophones or transducers, telecommunication transmission equipment using digital techniques, electronic measuring and test equipment for telecommunica tion transmission equipment, digital microwave radio links, equipment containing Nd: YAG or Nd: Glass lasers, Nd: YAG lasers, optical fibre communication cable or optical fibre, optical fibres for sensing purposes, frequency standards for fixed ground use, portable (personal) or mobile radio telephones, microwave assemblies and sub-assemblies, encapsulated integrated circuits having hermetically sealed dual-in-line cases, silicon microcomputers microcircuits, embedded electronic computers, disc drives, displays for elec tronic computers, local area networks, software, communication equipment for data (message) switching, stored programme controlled telegraph circuit switching, analogue private automatic branch exchanges, mechanical input type position encoders and transducers, gravity meters, iron and steels, nickel-based alloys, titanium-based alloys, tantalates and niobates, certain carbon fibres, nuclear power generating equipment, tantalum, and on a range of personal computer systems up to specified levels; extended in scope on toxicological agents and tear gas, and directed energy weapons; amended in scope on technical data and procedures for the production of fibrous and filamentary materials, weaving and interlacing machines, robot controllers and end-effectors, technology for reciprocating diesel engines, cryptographic equipment, instrument frequency synthesizers and synthesized signal generators, stored programme controlled communication switching equipment or systems, technology for the design and production of cylindrical structures for analogue video recording and reproducing equipment, base materials, non-composite ceramic materials, ceramic-ceramic composite materials and precursor materials, polymeric substances, fibrous and filamen tary materials, nuclear materials; introduced on equipment for the deposition, processing and in-process control of inorganic overlays, coatings and surface modifications, technology for the application of coatings to non-electronic devices, biocatalysts for decontamina tion and degradation of chemical warfare agents, thionyl chloride, dimethylam ine hydrochloride and riot control vehicles specially designed to be electrified to repel boarders. The structural drafting of each entry has been amended and updated to reflect the format used in other publications apertaining to export controls published nationally and internationally to simplify the correlation for UK exporters. This has resulted in a number of minor changes to the coverage of various entries throughout the Order. Non COCOM items are prefixed PL and allocated an identification number. They have been included in Schedule 1 where they relate to COCOM items or in the most appropriate place in the Group and are not necessarily in numerical sequence. They are as follows: Whenever goods are indicated in Schedule 1 by more than one letter each prohibition in article 2 relates to the relevant letter applying to the export of the goods. Any particular goods may fall within more than one description in Schedule 1 to the Order. In such a case each prohibition (taking effect by such inclusion in that Schedule and the related provisions of Article 2) applies to the export of the goods.This may mean that different entries prohibit the export of the goods to different countries. Copies of the British Standards referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution (BSI), or by post from the BSI at 3 Lindford Wood, Milton Keynes, MK14 6LE. Copies of the economic and control rules of the International Cocoa Agreement can be obtained from the International Cocoa Organisation, 22 Berners Street, London W7.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source