The Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences) Regulations 2004
UK Statutory Instrument 2004 No. 221 — creates 3 criminal offences.
- Made
- 2 February 2004
- In force from
- 6 February 2004
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations provide that breaches of certain provisions of Council Regulation (EC) 1727/2003 (“the EC Regulation”) are to be criminal offences. Regulation 2 creates penalties in respect of the following provisions of the EC Regulation: a Article 1(a), which prohibits the provision of financing or financial assistance for any sale, supply, transfer or export of arms and related material of all types to any person, entity or body in the Democratic Republic of Congo; and b Article 1(b), which prohibits the provision to the Democratic Republic of Congo of technical advice, assistance or training related to military activities; and c Article 1(2), which prohibits the participation in activities which promote the transactions or activities covered by Article 1(a) and 1(b). Regulation 3 provides for licensing of financing and financial assistance (for the sale, supply, transfer or export of arms and related material) and licensing of technical advice, assistance or training (related to military activities), and regulation 4 provides for enforcement and penalties for breach of the EC Regulation. A full regulatory impact assessment has not been provided for this instrument as it has no impact on the costs of business.
Offences created by this instrument
- Any person who directly or indirectly infringes any of the following prohibitions in the EC Regulation: a Article… regulation 2(1) · Status not determined · Strict liability
- Licences regulation 3(2) · Status not determined · Requires proof of a state of mind
- Licences regulation 3(3) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004