Acquisition or extension of ownership interest

article 10D of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2013 (revoked)

Status not determined
Mixed — some elements strict, some not
International sanctions, export control and trade restrictions

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

10D A credit or financial institution (“P”) commits an offence if P allows
a person, entity or body falling within article 10A (4) to acquire or extend
a participation, or acquire any other ownership interest in P.

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 This is the text as originally made; later amendments are not shown here.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 financial institution
Conduct: breaching the provision
Fault element: Mixed — some elements strict, some not
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses reasonable cause to suspect; which element that governs was not determined.

What would breach article 10D?

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.

Doing what the provision prohibits, or failing to do what it requires under the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2013.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Fraud, bribery and money laundering offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 October 2014
Covers fraud, false accounting, bribery and money laundering, including offences committed by organisations.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 10 July 2013
In force from: 7 August 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 Order amends the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012. This Order gives effect in specified Overseas Territories to the additional sanctions against North Korea adopted by the United Nations Security Council in resolution 2094 (2013), which are reflected and implemented in EU Council Decision 2013/183/CFSP and Council Regulation (EU) 296/2013. The Council Decision prohibits banks and financial institutions established in North Korea from opening branches, acquiring a joint venture, establishing correspondent banking relationships, or maintaining correspondent banking relationships in certain circumstances. This Order also implements prohibitions introduced by the European Union in Council Decision 2013/153/CFSP on the sale or purchase of gold, precious metals or diamonds; the sale or purchase of North Korean bonds, and the movement of North Korean bank notes.

Read the full note and every offence in this instrument

Other offences in the same instrument

Sale or purchase of North Korean bondsarticle 10A(1)
Sale or purchase of North Korean bondsarticle 10A(2)
Sale or purchase of North Korean bondsarticle 10A(3)
Sale or purchase of North Korean bondsarticle 10A(3)
Agreementsarticle 10B
Credit and financial institutions: accounts and correspondent banking relationshipsarticle 10C
Credit and financial institutions: accounts and correspondent banking relationshipsarticle 10C(1)
Credit and financial institutions: accounts and correspondent banking relationshipsarticle 10C(2)
Credit and financial institutions: accounts and correspondent banking relationshipsarticle 10C(3)
A person to whom this Order applies (“P”) commits an offence if P knowingly — a sells, supplies, transfers…article 10E
A person to whom this Order applies (P) commits an offence if P knowingly sells, supplies, transfers or…article 10F
PART2A Other Restrictions Sale or purchase of North Korean bonds 10A 1 A person (“P”) commits an offence if…article 8

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2013 (revoked) Every offence this instrument creates, and its explanatory note
International sanctions, export control and trade restrictionsOther offences on the same subject
Offences created in 2013