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

Designation criteria

6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—

(a) has reasonable grounds to suspect that that person is an involved person, and

(b) considers that the designation of that person is appropriate, having regard to—

(i) the purposes stated in regulation 4, and

(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).

(2) In this regulation an “involved person” means a person who—

(a) is or has been involved in—

(i) the commission of a serious human rights violation or abuse, or violation of international humanitarian law, in the Democratic Republic of the Congo including, in particular, in relation to—

(aa) rape, mass rape and other forms of sexual and gender-based violence;

(bb) deliberate targeting of civilians, schools and hospitals;

(cc) recruitment or use of children as soldiers;

(dd) the suppression of freedom of expression and peaceful assembly;

(ii) obstructing or undermining respect for democracy, the rule of law and good governance in the Democratic Republic of the Congo;

(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(3) Any reference in this regulation to being involved in the commission of a serious human rights violation or abuse, a violation of international humanitarian law, or obstructing or undermining respect for democracy, the rule of law and good governance in the Democratic Republic of the Congo includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a) being responsible for, engaging in, providing support for, or promoting, any serious human rights violation or abuse, any violation of international humanitarian law or the obstruction of, or the undermining of respect for, democracy, the rule of law and good governance in the Democratic Republic of the Congo;

(b) providing financial services, or making available funds or economic resources, that could contribute to any serious human rights violation or abuse, any violation of international humanitarian law or obstructing or undermining respect for democracy, the rule of law and good governance in the Democratic Republic of the Congo;

(c) being involved in the supply to the Democratic Republic of the Congo of military goods or military technology or of material related to such goods or technology, or in providing financial services relating to such supply;

(d) being involved in the supply to the Democratic Republic of the Congo of goods or technology which could contribute to any serious human rights violation or abuse, any violation of international humanitarian law or the obstruction of, or the undermining of respect for, democracy, the rule of law and good governance in the Democratic Republic of the Congo, or in providing financial services relating to such supply;

(e) being involved in assisting the contravention or circumvention of any relevant provision.

(4) In this regulation “relevant provision” means—

(a) any provision of Parts 3 (Finance) or 5 (Trade);

(b) any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Parts 3 (Finance) or 5 (Trade),

(c) any provision of resolution 2078, 2136, 2198, 2293 or 2360.

(5) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

(6) In this regulation, “military goods” and “military technology” have the meanings given by Part 5.