UK Offence Report

Offences related to jet fuel and fuel additives

article 11A(1) of The Syria (Restrictive Measures) (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

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

a sells, supplies, transfers or exports (directly or indirectly) jet fuel and fuel additives to any person in Syria or for use in Syria;

b provides financing or financial assistance (including financial derivatives, insurance and reinsurance) related to the sale, supply, transfer or export of jet fuel and fuel additives to any person in Syria or for use in Syria; or

c provides brokering services with regard to the sale, supply, transfer or export of jet fuel and fuel additives to any person in Syria or for use in Syria.

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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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 11A(1)?

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. Selling the goods under the Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2015 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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
19 March 2015
In force from
16 April 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 Syria (Restrictive Measures) (Overseas Territories) Order 2012 (S.I. 2012/1755, as amended) (“the principal Order”). The principal Order gives effect in specified Overseas Territories to sanctions in respect of Syria adopted by the European Union in Council Regulation (EU) No 36/2012 (OJ No L 016, 19.1.2012, p1), as amended. The amendments made in this Order give effect to changes adopted by the European Union in Council Regulation (EU) No 1323/2014 (OJ No L 358, 13.12.2014, p1). In particular, this Order: (a) creates new offences in relation to the sale, supply, transfer or export of jet fuels and fuel additives to any person, entity or body in Syria or for use in Syria. It also creates offences in relation to the provision of financing or brokering services in relation to the sale, supply, transfer or export of jet fuels and additives; (b) creates new offences in relation to the circumvention of the restrictions on financial services set out in articles 36 to 40 of the principal Order; and (c) precludes the enforcement of certain claims in connection with contracts or transactions which are affected by the principal Order. This Order also amends article 33(2) of the principal Order to include additional bases on which a licence may be granted to authorise conduct which would otherwise be subject to prohibitions set out in articles 25 to 29 of the principal Order. This gives effect to provision made in Council Regulation (EU) No 36/2012, Council Regulation (EU) No 1332/2013 (OJ No L 335, 14.12.2013, p3) and Council Regulation (EU) No 124/2014 (OJ No L 40, 11.2.2014, p8). This Order also makes minor corrections to the principal Order.

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