UK Offence Report

Offences supplementing the Central African Republic Regulation

regulation 6 of The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 (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 A person who is knowingly concerned in an activity prohibited by any of the following sub-paragraphs of Article

2 of the Central African Republic Regulation with intent to evade

a prohibition in those sub-paragraphs commits an offence and may be arrested—

a Article 2(a) (prohibition on provision of technical assistance and brokering services related to the goods or technology listed in the Common Military List of the European Union or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in the Central African Republic or for use in the Central African Republic);

b Article 2(b) (prohibition on provision of financing or financial assistance related to the sale, supply, transfer or export of goods and technology listed in the Common Military List, to any person, entity or body in the Central African Republic or for use in the Central African Republic);

c Article 2(c) (prohibition on provision of technical assistance, financing or financial assistance, brokering services or transport services related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic).

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 This is the text as originally made; later amendments are not shown here.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 (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 regulation 6?

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 (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 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
Status not determined
Made
9 December 2014
In force from
31 December 2014
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision for the enforcement of certain trade restrictions against Sudan specified in Council Regulation (EU) No 747/2014 (OJ L 203, 11.7.2014, p1) (the “Sudan Regulation”) which repeals Regulations (EC) No 131/2004 (OJ L 21, 28.1.2004, p1) and (EC) No 1184/2005 (OJ L 193, 23.7.2005, p9). It also provides for the enforcement of trade restrictions against South Sudan specified in Council Regulation (EU) No 748/2014 (OJ L 203, 11.7.2014, p13) (the “South Sudan Regulation”) and against the Central African Republic, as specified in Council Regulation (EU) No 224/2014 (OJ L 70, 11.3.2014, p1) (the “Central African Republic Regulation”). The Regulations set out offences in relation to these restrictions and those offences can be committed by any person in the United Kingdom and, around the world, by any United Kingdom person, as defined in section 11 of the Export Control Act 2002(c. 28). The measures against both Sudan and South Sudan include prohibitions on the provision of technical or financial assistance or brokering services related to military activities and to the provision, manufacture and use of arms and related materiel, directly or indirectly to any natural or legal person, entity or body in Sudan or South Sudan. The measures against the Central African Republic include prohibitions on the provision of technical assistance or brokering or financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union or related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic. Regulation 2 revokes the Export Control (Sudan and South Sudan Sanctions) and (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2925), which are replaced by these Regulations, except regulation 8 which amends the Export Control Order 2008 (S.I. 2008/3231) to make South Sudan an ‘embargoed destination’. Regulations 4 to 6 create offences for contravention of the trade restrictions in Article 2 of the Sudan Regulation, Article 2 of the South Sudan Regulation and Article 2 of the Central African Republic Regulation and regulation 7 creates offences for circumvention of the restrictions in those Articles. Regulation 8 supplements the provisions of the Sudan Regulation and the South Sudan Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Regulation 8(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation and regulation 8(3) makes it an offence to fail to comply with authorisation requirements or conditions. Regulation 9 sets out the penalties relating to the offences in the Regulations and regulation 10 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to also apply to the enforcement of these Regulations. Regulation 11 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. 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 Regulations on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.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