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

Explanatory Note

(This note is not part of the Order)

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.