UK Offence Report

Amendments to the principal Order

article 4 of The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) (Amendment) Order 2015 (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

4 For article

5 substitute— Investment in Crimea or Sevastopol 5

1 It is an offence for

a person to knowingly—

a acquire any new or extend any existing participation in ownership of real estate located in Crimea or Sevastopol;

b acquire any new or extend any existing participation in ownership or control of an entity in Crimea or Sevastopol, including the acquisition in full of such entity or the acquisition of shares and other securities of

a participating nature in such entity;

c grant or be part of any arrangement to grant any loan or credit or otherwise provide financing, including equity capital, to an entity in Crimea or Sevastopol, or for the documented purpose of financing such entity;

d create any joint venture in Crimea or Sevastopol or with an entity in Crimea or Sevastopol;

e provide investment services directly related to the activities referred to in sub-paragraphs (a) to (d).

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 This is the text as originally made; later amendments are not shown here.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).

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 4?

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 it is an offence to knowingly— a acquire any new or extend any existing participation in ownership of real estate located in Crimea or Sevastopol.
  2. Doing what the provision prohibits, or failing to do what it requires under the Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) (Amendment) Order 2015.

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
11 February 2015
In force from
11 March 2015
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 Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014 (S.I. 2014/2710 as amended by S.I. 2014/2919) (the “Principal Order”). This Order gives effect in specified Overseas Territories to provisions specified in Council Decision 2014/872/CFSP of 4 December 2014, which amends certain restrictive measures imposed on Russia by Council Decision 2014/512/CFSP of 23 June 2014, as amended by EU Council Decision 2014/659/CFSP of 8 September 2014. The measures against Russia which have been amended relate to the sale, supply, etc. of items listed in Annex II to Council Regulation (EU) No 833/2014 and related technical assistance, financial assistance and brokering services and to the provision of associated services for certain types of oil exploration and production projects. These changes are given effect through amendments to the prohibitions specified in articles 7, 8, 8A, 9 and 11 of the Principal Order as well as the licensing provisions in article 13 of that Order. In addition, this Order gives effect in specified Overseas Territories to further sanctions imposed on Crimea and Sevastopol by Council Decision 2014/933/CFSP of 18 December 2014, which amends Council Decision 2014/386/CFSP of 23 June 2014. The new restrictive measures in relation to Crimea and Sevastopol include: a ban on all foreign investments and related investment services in Crimea or Sevastopol; a broadening of the former export and associated technical and financial assistance prohibitions, to cover goods and technology suited for use in the sectors of transport, telecommunications, energy, or the prospecting for, exploration and production of oil, gas and mineral resources; a ban on the provision of technical assistance, brokering, construction or engineering services relating to infrastructure in Crimea or Sevastopol in those sectors; and a ban on the provision of services directly related to tourism activities in Crimea or Sevastopol. This Order gives effect to the additional sanctions on Crimea and Sevastopol by amending articles 5 and 6 and inserting new articles 6A and 6B to the Principal Order, as well as by making further provision for the Governor to license these activities in line with the exemptions under the Crimea and Sevastopol regime.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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