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

Purposes U.K.

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are to promote—

(a) resolution of the armed conflict in the Democratic Republic of the Congo;

(b) respect for human rights, and compliance with international humanitarian law, including, in particular, in relation to—

(i) the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in the Democratic Republic of the Congo, including in the context of—

(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;

(ii) the right of persons in the Democratic Republic of the Congo to the freedom of expression and peaceful assembly;

(c) respect for democracy, the rule of law and good governance in the Democratic Republic of the Congo;

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation, “the relevant UN obligations” means—

(a) the obligations the United Kingdom has by virtue of paragraph 1 M1 of resolution 1807 (arms embargo and military services provision);

(b) the obligations the United Kingdom has by virtue of paragraph 11 M2 of resolution 1807 (asset freeze) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;

(c) the obligations the United Kingdom has by virtue of paragraph 11 of resolution 1807 (asset freeze) in respect of persons—

(i) acting on behalf of or at the direction of, or

(ii) owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 11 of resolution 1807.

(4) In this regulation, any reference to the obligations that the United Kingdom has by virtue of paragraph 11 of resolution 1807 (asset freeze) is to that provision read with—

(a) paragraph 4 of resolution 1857;

(b) paragraph 9 of resolution 1952;

(c) paragraph 4 of resolution 2078;

(d) paragraph 4 of resolution 2136;

(e) paragraph 5 of resolution 2198;

(f) paragraph 7 of resolution 2293; F1 ...

(g) paragraph 3 of resolution 2360 [F2 ; and]

[F3 (h) paragraph 3 of resolution 2582.]

Textual Amendments

F1 Word in reg. 4(4)(f) omitted (7.10.2021) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/1041), regs. 1(2), 2(3)(a)

F2 Word in reg. 4(4)(g) substituted (7.10.2021) by The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/1041), regs. 1(2), 2(3)(b)

F3 Reg. 4(h) inserted (7.10.2021) by The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/1041), regs. 1(2), 2(3)(c)

Commencement Information

I1 Reg. 4 not in force at made date, see reg. 1(2)

I2 Reg. 4 in force at 25.3.2019 by S.I. 2019/627, reg. 5(1)(c)

Marginal Citations

M1 Paragraph 1 of resolution 1807 was renewed by paragraph 1 of resolution 1857, paragraph 1 of resolution 1896 (2009) adopted by the Security Council on 30 November 2009, paragraph 1 of resolution 1952, paragraph 1 of resolution 2021 (2011) adopted by the Security Council on 29 November 2011, paragraph 1 of resolution 2078, paragraph 1 of resolution 2136, paragraph 1 of resolution 2198, paragraph 1 of resolution 2293, paragraph 1 of resolution 2360, and paragraph 1 of resolution 2424 (2018) adopted by the Security Council on 29 June 2018.

M2 Paragraph 11 of resolution 1807 was renewed by paragraph 3 of resolution 1857, paragraph 3 of resolution 1896 (2009) adopted by the Security Council on 30 November 2009, paragraph 3 of resolution 1952, paragraph 3 of resolution 2021 (2011) adopted by the Security Council on 29 November 2011, paragraph 3 of resolution 2078, paragraph 3 of resolution 2136, paragraph 3 of resolution 2198, paragraph 5 of resolution 2293, paragraph 1 of resolution 2360 and paragraph 1 of resolution 2424 (2018) adopted by the Security Council on 29 June 2018.