UK Offence Report

Any person who, except under the authority of a licence granted under this Order, infringes any of the…

article 2 of The Export Control (Uzbekistan) Order 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who, except under the authority of

a licence granted under this Order, infringes any of the following prohibitions in the Regulation:

a Article 2(a), prohibiting the sale, supply, transfer or export of equipment, directly or indirectly, as listed in Annex I to the Regulation, whether or not originating in the Community, to any person, entity or body in, or for use in, Uzbekistan;

b Article 2(b), prohibiting the provision of technical assistance, related to the equipment listed in Annex I to the Regulation, directly or indirectly to any person, entity or body in, or for use in Uzbekistan;

c Article 2(c), prohibiting the provision of financing or financial assistance related to the equipment listed in Annex I to the Regulation, directly or indirectly to any person, entity or body in, or for use in Uzbekistan;

d Article 2(d), prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Articles 2 (a), (b) or (c) of the Regulation;

e Article 3(a), prohibiting the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materials of all types, directly or indirectly to any person, entity or body in, or for use in, Uzbekistan;

f Article 3(b), prohibiting the provision of financing or financial assistance related to military activities for any sale, supply, transfer or export of arms and related materials, or for any provision of related technical assistance and other services, directly or indirectly to any person, body or entity in, or for use in, Uzbekistan; or

g Article 3(c), prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is to promote the transactions referred to in Article 3(a) and (b) of the Regulation, shall be guilty of an offence and may be arrested.

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 This is the text as originally made; later amendments are not shown here.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
importing or exporting without authority
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 (intentionally, knowingly).

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: knowingly, intentionally.

What would breach article 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. Moving the goods across the border under the Export Control (Uzbekistan) Order 2005 without the licence the instrument requires.
  2. Holding a licence for one consignment and using it for another.
  3. Sending goods in transit through the United Kingdom, where the provision catches transit as well as import and export.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
Revoked
Revoked by
The Export Control (Uzbekistan) Order 2010
Revoked on
29 March 2010
Made
23 November 2005
In force from
26 November 2005
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

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

This Order makes provision in respect of Uzbekistan in consequence of Council Regulation (EC) No 1859/2005 of the 14th November 2005 (“the Regulation”) and the EU Common Position 2005/792/CFSP (OJ L299/72, 16.11.2005) adopted on the 14th November 2005. The Order provides that breaches of certain provisions of the Regulation are to be criminal offences. Articles 2 and 3 of this Order create offences in respect of the provisions of Articles 2 and 3 of the Regulation. Article 4 provides for the licensing of transactions set out in article 2 of the Order. Articles 5 and 6 provides penalties in respect of criminal offences created by the Order and for their enforcement. Article 7 adds Uzbekistan to the list of countries and destinations in Schedule 3 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003. Article 8 adds Uzbekistan to the list of embargoed destinations in the Trade in Controlled Goods (Embargoed Destinations) Order 2004. A full regulatory impact assessment has not been produced for this instrument as it has minimal impact on the costs of business.

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