UK Offence Report

Amendment of the principal Order

article 2(8) of The Iran (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013 (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

Offences related to the provision of vessels for the transport or storage of oil and petrochemical products 19B

1 A person to whom this Order applies (“P”) commits an offence if P knowingly makes available

a vessel designed for the transport or storage of oil and petrochemical products—

a to any Iranian person, entity or body, or

b to any other person, entity or body, unless P has taken appropriate action to prevent the vessel from being used to transport or store oil or petrochemical products that originate in Iran or have been exported from 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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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).

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.

What would breach article 2(8)?

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. Entering a figure on a form or return that is known to be wrong under the Iran (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

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
13 June 2013
In force from
11 July 2013
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 amends the Iran (Restrictive Measures) (Overseas Territories) Order 2012 to give effect to EU Council Decision 2012/635/CFSP of 15 October 2012 which amends the EU sanctions regime adopted in response to concerns about Iran’s nuclear programme. This Order introduces in the specified UK Overseas Territories new prohibitions on the sale, supply, transfer and export of certain key technology and software, natural gas, graphite and raw or semi-finished materials. The provision of brokering services, financing or financial assistance in respect of these goods is also prohibited. Restrictions are imposed on credit and financial institutions in the UK Overseas Territories in respect of making transfers to or receiving transfers from Iranian credit and financial institutions and bureaux de change. The provision of services to Iranian vessels, and the provision of vessels to store or transport oil or petroleum products for Iranian persons or entities is prohibited.

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