UK Offence Report

Offences related to items listed in Annex I of the Venezuela Sanctions Regulation

article 4(1) of The Export Control (Venezuela Sanctions) Order 2018 (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 who is knowingly concerned in an activity (other than the export of goods) which is prohibited by

a provision of the Venezuela Sanctions Regulation mentioned in paragraph (2) with intent to evade that prohibition commits an offence and may be arrested.

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 This is the text as originally made; later amendments are not shown here.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 article 4(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. Moving the goods across the border under the Export Control (Venezuela Sanctions) Order 2018 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
29 January 2018
In force from
26 February 2018
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 provides for the enforcement of trade restrictions against Venezuela specified in Regulation (EU) No. 2017/2063 concerning restrictive measures against Venezuela (OJ L 295, 14.11.2017, p. 21–37) (“the Venezuela Sanctions Regulation”). Articles 3, 4 and 5 identify, and make it an offence to breach, certain prohibitions found within the Venezuela Sanctions Regulation. This is subject to applicable authorisations. In the UK authorisations are granted by way of licences issued by the Export Control Joint Unit in the Department for International Trade. Article 6 creates an offence for the circumvention of the trade restrictions in the Venezuela Sanctions Regulation. Article 7(1) supplements the provisions of the Venezuela Sanctions Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 7(1) makes it an offence knowingly or recklessly to provide false information for the purpose of obtaining an authorisation. An authorisation granted in these circumstances is void from the time it is granted. Article 8 sets out the penalties relating to each of the offences in the Order. Article 9 applies the ancillary provisions relevant to the enforcement of customs and excise legislation to the enforcement of this Order. Article 10 amends Schedule 4 to the Export Control Order 2008, moving Venezuela from Part 4 of Schedule 4 into Part 2 of Schedule 4. This places Venezuela into the list of countries which are embargoed and subject to transit control for military goods. Article 11 provides that the Secretary of State must review this Order and sets out those matters to be taken into account in carrying out such a review. An 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 Order on www.legislation.gov.uk . Further information is available from the Export Control Joint Unit, Department for International Trade, 3 Whitehall Place, London SW1A 2AW and on the gov.uk website ( www.gov.uk ).

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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