UK Offence Report

Offences related to equipment and goods and technology listed in Annex I, IA, and IX or in the Common…

article 4(2) of The Export Control (Syria and Burma Sanctions Amendment) and Miscellaneous Revocations Order 2012 (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 A person commits an offence and may be arrested if that person—

a is concerned in an activity, except by exporting goods and technology, for which authorisation is required by Article 2b of the Syria Regulation (authorisation required for sale, etc. of goods and technology listed in Annex IX, to any person, entity or body in Syria or for use in Syria);

b does not have the required authorisation; and

c is knowingly concerned in that activity with intent to evade

a prohibition in that Article.

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 This is the text as originally made; later amendments are not shown here.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
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 (knowingly, with intent to).

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, with intent to.

What would breach article 4(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 Export Control (Syria and Burma Sanctions Amendment) and Miscellaneous Revocations Order 2012.

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
Status not determined
Made
15 August 2012
In force from
6 September 2012
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 makes provision for the enforcement of certain new trade sanctions against Syria specified in Council Regulation (EU) No 509/2012 (OJ No L 156, 16.6.2012, p10) and Council Regulation (EU) No 545/2012 (OJ No L 165, 26.6.2012, p23) both of which amend Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (“the Amended Syria Regulation”). It does so by amending the Export Control (Syria Sanctions) and (Miscellaneous Amendments) Order 2012 (S.I. 2012/810) (the “Syria Order”) which makes provision for the enforcement of all current trade restrictions against Syria. The new measures include prohibitions on trade, technical assistance, financing, financial assistance or brokering of equipment which may be used for internal repression and a ban on the export or sale of luxury goods to Syria. In addition, Council Regulation (EU) No 409/2012 (OJ No L 126, 15.5.2012, p1) (the “Burma Amendment Regulation”) temporary suspends certain trade restrictions against Burma specified by Council Regulation (EC) No 194/2008 (OJ No L66, 10.3.2008, p1). This Order makes consequential amendments to the Export Control (Burma) Order 2008 (S.I. 2008/1098) (the “Burma Order”) to provide for the enforcement provisions in relation to the trade measures which have been temporarily suspended by the Burma Amendment Regulation to cease to have effect until the date specified in that Regulation. Article 3 revokes the Export of Goods (Control) (Bosnia-Herzegovina) (ECSC) (Revocation) Order 1993, the Export of Goods (Control) (Haiti) (Revocation) Order 1993 and the Export of Goods (Federal Republic of Yugoslavia) (Control) (Revocation) Order 2002, all of which have become spent. Article 4 makes amendments to the Syria Order to provide for the enforcement of the additional trade sanctions specified by the Amended Syria Regulation. Article 5 partly modifies the Burma Order to provide for the enforcement provisions in relation to the restrictive measures which have been suspended by the Burma Amendment Regulation to cease to have effect until 30 April 2013, which is the date specified in that Regulation for the suspension to end. In addition, article 5 inserts as article 13 of the Burma Order a provision which requires the Secretary of State to review the operation and effect of the whole of the Burma Order and publish a report within five years after the new article comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Burma Order should remain as it is, or be revoked or amended. A further instrument would be needed to revoke the Order or to amend it. A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on BIS website (www.bis.gov.uk).

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 “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