UK Offence Report

The Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2005

UK Statutory Instrument 2005 No. 1988 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 July 2005
In force from
21 July 2005
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 112 of the Saint Helena Act 1833

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order amends the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003. Article 4 of the 2003 Order is replaced with a provision which prohibits the exportation of restricted goods to enable their seizure and forfeiture but which does not overlap with Article 3 of that Order, which makes it an offence for a person knowingly to export restricted goods (without the authority of a licence) from the Territory to the Democratic Republic of the Congo. This Order also gives effect to the precise wording of the arms embargo wording in Common Position 2005/440 adopted by the Council of the European Union on 13 June 2005 to integrate the arms embargo imposed by Common Position 2002/829 with new measures imposed following the adoption of Resolution 1596 by the Security Council of the United Nations on 18 April 2005. This Order amends Article 5 of the 2003 Order to make it clear that it is prohibited to provide assistance, advice or training related to the provision, manufacture, maintenance and use of arms and related matériel and that the prohibition also applies where advice, assistance or training is provided to any person, entity or body in, or for use in, the Democratic Republic of the Congo. The opportunity has also been taken to include in the 2003 Order a definition of “assistance” and to update the definition of restricted goods to refer to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004.

Offences created by this instrument

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.

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