UK Offence Report

Offences related to goods and technology listed in Annex III to the Council Regulation

article 14(2) of The Iran (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 (“RP”) to knowingly use

a ship, aircraft or vehicle to which article 19(1) applies for the carriage of goods and technology listed in Annex III to the Council Regulation or other relevant nuclear goods if RP knows, or has reasonable cause to suspect, the carriage is, or forms part of, carriage from any place outside Iran to any destination in Iran.

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 This is the text as originally made; later amendments are not shown here.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
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 (knowingly) - 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: both a mens rea word and an objective standard appear in the offence itself.

What would breach article 14(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. Doing what the provision prohibits, or failing to do what it requires under the Iran (Sanctions) (Overseas Territories) Order 2016.

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
15 March 2016
In force from
17 March 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 in respect of Iran set out in United Nations Security Council resolution 2231 (2015) (“resolution 2231”) and the Joint Comprehensive Plan of Action (“JCPOA”) annexed to that resolution. It also reflects the implementation of these sanctions by the European Union in Council Decision 2010/413/CFSP of 26 July 2010, as amended most recently by Council Decision (CFSP) 2015/1863 of 18 October 2015 (“the 2015 Council Decision”), and Council Regulation (EU) No. 267/2012 of 23 March 2012, as amended most recently by Council Regulation (EU) 2015/1861 and Council Implementing Regulation (EU) 2015/1862, both of 18 October 2015 (“the 2015 Council Regulations”). The JCPOA annexed to resolution 2231 provides for staged sanctions relief for Iran in exchange for Iran verifiably limiting its nuclear programme. The 2015 Council Decision and 2015 Council Regulations were adopted to reduce the restrictive measures against Iran consistent with the first stage of sanctions relief set out in the JCPOA and resolution 2231, and entered into force on 16th January 2016. This Order revokes and replaces the Iran (Restrictive Measures) (Overseas Territories) Order 2012 to implement the revised package of sanctions in the Overseas Territories. The sanctions include the freezing of funds and economic resources of designated persons, as well as trade restrictions in respect of specified goods. The Order also makes provision for the Governor to license certain activities in line with exemptions under the sanctions 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