The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019

CHAPTER 2 U.K. Military goods and military technology

Export of military goods U.K.

21.—(1) The export of military goods to a non-governmental person operating in the Democratic Republic of the Congo is prohibited.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences)

Commencement Information

I1 Reg. 21 not in force at made date, see reg. 1(2)

I2 Reg. 21 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Supply and delivery of military goods U.K.

22.—(1) A person must not directly or indirectly supply or deliver military goods from a third country to a non-governmental person operating in the Democratic Republic of the Congo.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for a non-governmental person operating in the Democratic Republic of the Congo.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or the Democratic Republic of the Congo.

Commencement Information

I3 Reg. 22 not in force at made date, see reg. 1(2)

I4 Reg. 22 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Making military goods and military technology available U.K.

23.—(1) A person must not directly or indirectly make military goods or military technology available to a non-governmental person operating in the Democratic Republic of the Congo.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the non-governmental person was operating in the Democratic Republic of the Congo;

Commencement Information

I5 Reg. 23 not in force at made date, see reg. 1(2)

I6 Reg. 23 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Transfer of military technology U.K.

24.—(1) A person must not transfer military technology to a non-governmental person operating in the Democratic Republic of the Congo.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a non-governmental person operating in the Democratic Republic of the Congo.

Commencement Information

I7 Reg. 24 not in force at made date, see reg. 1(2)

I8 Reg. 24 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Technical assistance relating to military goods and military technology U.K.

25.—(1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology to a non-governmental person operating in the Democratic Republic of the Congo.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the non-governmental person was operating in the Democratic Republic of the Congo.

Commencement Information

I9 Reg. 25 not in force at made date, see reg. 1(2)

I10 Reg. 25 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Financial services and funds relating to military goods and military technology U.K.

26.—(1) A person must not directly or indirectly provide financial services to a non-governmental person operating in the Democratic Republic of the Congo in pursuance of, or in connection with, an arrangement whose object or effect is—

(a) the export of military goods,

(b) the direct or indirect supply or delivery of military goods,

(c) directly or indirectly making military goods or military technology available to a person,

(d) the transfer of military technology, or

(e) the direct or indirect provision of technical assistance relating to military goods or military technology.

(2) A person must not directly or indirectly make funds available to a non-governmental person operating in the Democratic Republic of the Congo in pursuance of, or in connection with, an arrangement mentioned in paragraph (1).

(3) A person must not directly or indirectly provide financial services or funds in pursuance of, or in connection with, an arrangement whose object or effect is—

(a) the export of military goods to a non-governmental person operating in the Democratic Republic of the Congo,

(b) the direct or indirect supply or delivery of military goods to a non-governmental person operating in the Democratic Republic of the Congo,

(c) directly or indirectly making military goods or military technology available to a non-governmental person operating in the Democratic Republic of the Congo,

(d) the transfer of military technology to a non-governmental person operating in the Democratic Republic of the Congo, or

(e) the direct or indirect provision of technical assistance relating to military goods or military technology to a non-governmental person operating in the Democratic Republic of the Congo.

(4) Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the non-governmental person was operating in the Democratic Republic of the Congo;

(b) it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Commencement Information

I11 Reg. 26 not in force at made date, see reg. 1(2)

I12 Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Brokering services: non-UK activity relating to military goods and military technology U.K.

27.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a) the direct or indirect supply or delivery of military goods from a third country to a non-governmental person operating in the Democratic Republic of the Congo,

(b) directly or indirectly making military goods available in a third country for direct or indirect supply or delivery to a non-governmental person operating in the Democratic Republic of the Congo,

(c) directly or indirectly making military technology available in a third country for transfer to a non-governmental person operating in the Democratic Republic of the Congo,

(d) the transfer of military technology from a place in a third country to a non-governmental person operating in the Democratic Republic of the Congo,

(e) the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology to a non-governmental person operating in the Democratic Republic of the Congo,

(f) the direct or indirect provision, in a non-UK country, of financial services—

(i) to a non-governmental person operating in the Democratic Republic of the Congo, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3),

(g) directly or indirectly making funds available, in a non-UK country, to a non-governmental person operating in the Democratic Republic of the Congo, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(h) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3).

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“third country” means—

(a)

for the purposes of paragraph (1) (a) and (b), a country that is not the United Kingdom, the Isle of Man or the Democratic Republic of the Congo, and

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or the Democratic Republic of the Congo.

Commencement Information

I13 Reg. 27 not in force at made date, see reg. 1(2)

I14 Reg. 27 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)