UK Offence Report

Failure to comply with licence conditions

regulation 8(2) of The Dual-Use Items (Export Control) Regulations 2000 (revoked)

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

2 Subject to paragraph (3),

a person to whom paragraph (1) applies is guilty of an offence and liable:

a on summary conviction to

a fine not exceeding the statutory maximum, and

b on conviction on indictment to

a fine or imprisonment for

a term not exceeding

2 years, or to both.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 8(2)?

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. Doing what the provision prohibits, or failing to do what it requires under the Dual-Use Items (Export Control) Regulations 2000.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
20 September 2000
In force from
28 September 2000
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations consolidate the Dual-use and Related Goods (Export Control) Regulations 1996 and the various Regulations which amended them, and incorporate further amendments to give effect to certain provisions of Council Regulation (EC) No. 1334/2000 (“the new Council Regulation”) on the control of exports of dual-use items and technology. The 1996 Regulations and the Regulations which amended them are revoked, but continue to have effect for any export which has occurred before 28th September 2000. The changes of significance from the 1996 Regulations are as follows— a The Regulations apply not just to exports of goods (including software and technology) in tangible form, but also to the transmission of software and technology by fax, telephone (subject to certain limits) or other electronic means. This is reflected in the use of the word “items” rather than “goods” throughout, as in the new Council Regulation. b Provision is made for use of the Community General Export Authorisation (“CGEA”) introduced by Article 6(1) of Annex II to the new Council Regulation. This operates as a general authorisation for the export of most controlled dual-use items from anywhere in the European Community to the destinations listed in Part 3 of that Annex, subject to certain exceptions set out in that Annex. Exporters established in the United Kingdom who wish to make an export from the United Kingdom under the authority of the CGEA must, on first doing so, register with the Secretary of State and then keep certain records in relation to each such export. Any exporter who wishes to export certain cryptographic items from the United Kingdom under the authority of the CGEA must give the Secretary of State written notice of certain information in accordance with regulation 9(3) of and Part II of Schedule 3 to these Regulations. c The new Council Regulation extends the circumstances in which the actual or possible end-use of dual-use items may make their export from the European Community subject to control. They now include cases where the exporter has been informed by a competent authority that the dual-use items in question are or may be intended for a military end-use in a country subject to certain types of arms embargo, or for use as parts or components of military list items which have been exported in breach of United Kingdom export controls (and exporters who are aware that dual-use items are intended for such a use must inform the competent authorities of the country where they are established). These Regulations take up the option given by the new Council Regulation of also making exports of dual-use items from the United Kingdom to other Community Member States subject to control, where the exporter knows that the items are to be sent from another Member State out of the Community and export of the items directly out of the Community would require authorisation under the end-use controls. d Certain cryptographic items are no longer subject to control when they are exported from the United Kingdom to other Community Member States, but exporters of those items to other Member States are required to keep records containing certain information in relation to such items in accordance with regulation 10(7) and Part II of Schedule 3. e Regulation 4(3)(b) now only controls exports, for use in connection with weapons of mass destruction, of dual-use items in transit taking the form of the transmission of software or technology by fax, telephone or other electronic media. The control on goods other than dual-use goods in regulation 4(2)(b) of the 1996 Regulations is not reproduced in these Regulations, but is inserted into the Export of Goods (Control) Order 1994 by an amendment coming into force on the same date as these Regulations. It will apply to dual-use goods which are items in transit by virtue of regulation 13 of these Regulations. A number of consequential and drafting amendments of no substance have been made. It should be noted that the Annexes containing the lists of dual-use items subject to Community controls are now part of the Council Regulation itself, not part of a separate Council Decision as before. Copies of the issue of the Official Journal of the European Communities which contains the Council Regulation including the Annexes (O.J. No. L.159, 30.6.00) can be obtained from HMSO.

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