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

Regulation 33(2)

SCHEDULE 2 U.K. Treasury licences: purposes

PART 1 U.K. Interpretation

1.  In this Schedule— U.K.

“consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963 M1 , and any reference to the functions of a consular post is to be read in accordance with that Convention;

“designated person” has the same meaning as it has in Part 3 (Finance);

“diplomatic mission” is to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961 M2 , and any reference to the functions of a diplomatic mission is to be read in accordance with that Convention;

“frozen funds or economic resources” means funds or economic resources frozen by virtue of [F1 regulation 12], and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purpose of that regulation.

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 3(9)(a); S.I. 2020/1514, reg. 5

Commencement Information

I1 Sch. 2 para. 1 not in force at made date, see reg. 1(2)

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

Marginal Citations

M1 United Nations Treaty Series, vol. 596, p. 261.

M2 United Nations Treaty Series, vol. 500, p. 95.

PART 2 U.K. Purposes

Basic needs U.K.

2.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.

(2) In the case of an individual in sub-paragraph (1), “basic needs” includes—

(a) medical needs;

(b) needs for—

(i) food;

(ii) [F2 payment] of insurance premiums;

(iii) [F3 payment] of tax;

(iv) rent or mortgage payments;

(v) utility payments.

(3) In the case of a person other than an individual in sub-paragraph (1), “basic needs” includes needs for—

(a) payment of insurance premiums;

(b) payment of reasonable fees for the provision of property management services;

(c) payment of remuneration, allowances or pensions of employees;

(d) payment of tax;

(e) rent or mortgage payments;

(f) utility payments.

(4) In sub-paragraph (1)—

“dependent” means financially dependent;

“family member” includes—

(a)

the wife or husband of the designated person;

(b)

the civil partner of the designated person;

(c)

any parent or other ascendant of the designated person;

(d)

any child or other descendant of the designated person;

(e)

any person who is a brother or sister of the designated person, or a child or other descendant of such a person.

Textual Amendments

F2 Word in Sch. 2 para. 2(2)(b)(ii) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 3(9)(b); S.I. 2020/1514, reg. 5

F3 Word in Sch. 2 para. 2(2)(b)(iii) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 3(9)(b); S.I. 2020/1514, reg. 5

Commencement Information

I3 Sch. 2 para. 2 not in force at made date, see reg. 1(2)

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

Legal services U.K.

3.  To enable the payment of—

(a) reasonable professional fees for the provision of legal services, or

(b) reasonable expenses associated with the provision of legal services.

Commencement Information

I5 Sch. 2 para. 3 not in force at made date, see reg. 1(2)

I6 Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Maintenance of frozen funds and economic resources U.K.

4.  To enable the payment of—

(a) reasonable fees, or

(b) reasonable service charges,

arising from the routine holding or maintenance of frozen funds or economic resources.

Commencement Information

I7 Sch. 2 para. 4 not in force at made date, see reg. 1(2)

I8 Sch. 2 para. 4 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Extraordinary expenses U.K.

5.  To enable an extraordinary expense of a designated person to be met.

Commencement Information

I9 Sch. 2 para. 5 not in force at made date, see reg. 1(2)

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

Pre-existing judicial decisions etc U.K.

6.  To enable, by the use of a designated person's frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—

(a) the funds or economic resources so used are the subject of the decision or lien,

(b) the decision or lien—

(i) was made or established before the date on which the person became a designated person, and

(ii) is enforceable in the United Kingdom, and

(c) the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.

Commencement Information

I11 Sch. 2 para. 6 not in force at made date, see reg. 1(2)

I12 Sch. 2 para. 6 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Diplomatic missions U.K.

F4 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 7 omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 3(9)(c); S.I. 2020/1514, reg. 5

PART 3 U.K. Purposes relating only to non-UN designated persons

Humanitarian assistance activities etc U.K.

8.—(1) To enable anything to be done in connection with the performance of any humanitarian assistance activity.

(2) In sub-paragraph (1) “humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in the Democratic Republic of the Congo for the benefit of the civilian population there.

Commencement Information

I13 Sch. 2 para. 8 not in force at made date, see reg. 1(2)

I14 Sch. 2 para. 8 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Prior obligations U.K.

9.  To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—

(a) the obligation arose before the date on which the person became a designated person, and

(b) no payments are made to another designated person, whether directly or indirectly.

Commencement Information

I15 Sch. 2 para. 9 not in force at made date, see reg. 1(2)

I16 Sch. 2 para. 9 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Extraordinary situation U.K.

10.  To enable anything to be done to deal with an extraordinary situation.

Commencement Information

I17 Sch. 2 para. 10 not in force at made date, see reg. 1(2)

I18 Sch. 2 para. 10 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Diplomatic missions U.K.

11.   To enable anything to be done in order that the functions of a diplomatic mission or consular post in the Democratic Republic of the Congo or of an international organisation enjoying immunities in accordance with international law may be carried out.]

Textual Amendments

F5 Sch. 2 para. 11 inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 3(9)(d); S.I. 2020/1514, reg. 5