PART 5Trade

CHAPTER 2Military goods and military technology

Brokering services: non-UK activity relating to military goods and military technology27

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—

    1. 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

    2. 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.