UK Offence Report

Providing or carrying restricted goods

article 8(2) of The ISIL (Da’esh) and Al-Qaida (Sanctions) (Overseas Territories) Order 2016 (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

2 It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (3) for the carriage of restricted goods— a to a designated person (“D”), b to any person acting on behalf of D or at the direction of 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 This is the text as originally made; later amendments are not shown here.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
dealing with funds or making them available in breach of sanctions
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 8(2)?

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, converting or paying away funds that belong to a designated person under the ISIL (Da’esh) and Al-Qaida (Sanctions) (Overseas Territories) Order 2016, without a licence from the Treasury.
  2. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
  3. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
6 months
Maximum prison (on indictment)
6 months

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
14 December 2016
In force from
20 December 2016
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 gives effect in specified Overseas Territories to sanctions imposed on designated individuals by United Nations Security Council Resolutions 1267 (1999), 1333 (2000), 1390 (2002), and 2253 (2015), which was adopted on 17th December 2015. Resolution 2253 (2015) maintains in force the sanctions first imposed by Resolution 1267 (1999) against Al-Qaida and individuals, groups, undertakings and entities associate to it, but expressly extends the sanctions regime to ISIL (Da’esh). These measures were implemented in the European Union by Council Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaida and persons, groups, undertaking and entities associated with them (and repealing Common Position 2002/402/CFSP) (“Council Decision 2016/1693”), and Council Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaida and natural and legal persons, entities or bodies associated with them (“Council Regulation 2016/1686”), both of 20 September 2016. This Order also gives appropriate effect to the European Union’s autonomous sanctions regime adopted under Council Decision 2016/1693 and Council Regulation 2016/1686. The sanctions imposed include an arms embargo, asset freeze and prohibition on the provision of assistance to persons and entities designated by the United Nations Security Council or European Union as associated with ISIL (Da’esh) or Al-Qaida. The Order also makes provision for the Governor to license certain activities in line with exemptions under the UN and EU sanctions regimes. The Order revokes the Al-Qaida (United Nations Measures) (Overseas Territories) Order 2012 (S.I. 2012/1757).

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