UK Offence Report

A person who contravenes Article 5(1)(d) (prohibition on provision to Iran of financing or financial…

paragraph 6 of SCHEDULE of The Export Control (Iran) (Amendment) Order 2007 (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

6 For article 2(2) substitute—

2 A person who contravenes Article 5(1)(d) (prohibition on provision to Iran of financing or financial assistance related to CML items or Annex I items) of the Regulation commits an offence unless he did not know, and had no reason to suspect, that he was providing financing or financial assistance that related to—

a the acquisition of

a CML item or an Annex I item by

a person in Iran, or

b the provision of technical assistance in respect of

a CML item or an Annex I item to

a person in Iran .

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 6 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. On these words an offence is committed where a person contravenes Article 5(1)(d) (prohibition on provision to Iran of financing or financial assistance related to CML items or Annex I items) of the Regulation.
  2. Doing the thing the provision prohibits under the Export Control (Iran) (Amendment) Order 2007, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
25 July 2007
In force from
27 July 2007
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 is part of the United Kingdom’s implementation of United Nations Security Council Resolution 1747 (2007) (“UNSCR 1747”), which extends the restrictions on trade with Iran imposed by United Nations Security Council Resolution 1737 (2006) to cover military goods and technology. In response to UNSCR 1747, at European Union level, Council Common Position 2007/246/CFSP amended Council Common Position 2007/140/CFSP. In turn, Council Regulation (EC) No 618/2007 amended Council Regulation (EC) No 423/2007 which implemented elements of the original Common Position. New text was added to the Regulation and existing provisions renumbered. The result was that the Export Control (Iran) Order 2007 required amendment. This Order makes the necessary changes. The new offences it creates relate to technical and financial assistance in respect of military goods and technology. These were the only trade related elements of UNSCR 1747 not covered by existing legislation. A full regulatory impact assessment has not been produced for this instrument as no or minimal impact on the private or voluntary sectors is foreseen.

Read the full note and every offence in this 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 “commits 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