UK Offence Report

Freezing funds of listed persons

paragraph 3A(1) of SCHEDULE of The Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004

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 Any person who, except under the authority of

a licence granted by the relevant enforcement authority under article 5, makes available to any person—

a any funds that he held on 22nd May 2003 for or on behalf of

a listed 23a person; or

b any funds that he holds for or on behalf of

a listed 23b person, is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
dealing with funds or making them available in breach of sanctions
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 paragraph 3A(1) of SCHEDULE?

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. Moving, converting or paying away funds that belong to a designated person under the Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004, without a licence from the Treasury.
  2. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
  3. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
27 July 2004
In force from
29 July 2004
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, made under the United Nations Act 1946, amends: 1 the Iraq (United Nations Sanctions) (Channel Islands) Order 2000 (the “2000 Order”); and 2 the Iraq (United Nations Sanctions) (Channel Islands) Order 2003 (the “2003 Order”). The 2000 Order, as amended by the 2003 Order, gave effect in the Bailiwicks of Guernsey and Jersey to certain aspects of sanctions imposed against Iraq by the United Nations Security Council Resolution (UNSCR) 1483 of 22nd May 2003. The amendments in this Order have been made to give effect to UNSCR 1518 of 24th November 2003 and UNSCR 1546 of 8th June 2004. In respect of UNSCR 1518 (2003), article 5 and paragraph 1(a)(v) of part 2 of the Schedule to this Order amend the definition of “Sanctions Committee” in the 2000 Order. The amendment takes account of the fact that the resolution established a new Committee for the purposes of identifying persons for the purposes of certain provisions of UNSCR 1483 (2003). The remaining provisions of paragraph 1 of part 2 of the Schedule amend or insert various other definitions in the 2000 Order in consequence of the changes made by this Order and to give effect to guidance issued by the United Nations Security Council Committee, established pursuant to UNSCR 661 (1990), on the meaning of terms used in UNSCR 1483 (2003). The remaining provisions in part 2 of the Schedule amend the 2000 Order to make improvements in the operation of that Order. In particular, provision has been made for persons listed at UN level to automatically fall within the Channel Islands sanctions regime without the need for a direction to be given by the relevant enforcement authority as well as to clarify the powers that the relevant enforcement authority has to direct that funds are to be frozen. Article 6 of the Order makes transitional provisions in respect of directions given by the relevant enforcement authority, and funds covered by notices published, prior to the coming into force of this Order. In addition, the Order revokes various superseded provisions of the 2003 Order in light of UNSCR 1518 (2003). UNSCR 1546 (2004) in particular lifts the privileges and immunities for the Development Fund for Iraq and for proceeds from the sale of petroleum products, with respect to any legal proceedings or any resulting final judgment arising out of a contractual obligation entered into by Iraq after 30 June 2004. This Order amends the 2003 Order to give effect to this amendment and updates the definition of “restricted goods”.

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