Amendment of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019
3.—(1) The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.
(2) In regulation 2 (interpretation), in the appropriate place insert—
““director disqualification licence” means a licence under regulation 33A;”.
(3) In regulation 5(1) (power to designate persons)—
(a)omit “and” following sub-paragraph (a);
(b)after sub-paragraph (a), insert—
“(aa)regulation 17A (director disqualification sanctions).”.
(4) After regulation 17 (circumventing etc. prohibitions), insert—
“PART 3ADirector disqualification sanctions
Director disqualification sanctions
17A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—
(a)section 11A of the Company Directors Disqualification Act 1986(2), and
(b)Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002(3).”.
(5) After regulation 33 (Treasury licences), insert—
“Director disqualification licences
33A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 17A (director disqualification sanctions) providing that the prohibitions in—
(a)section 11A(1) of the Company Directors Disqualification Act 1986, and
(b)Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,
do not apply to anything done under the authority of that licence.”.
(6) In regulation 35(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.
(7) After regulation 36 (finance: licensing offences), insert—
“Director disqualification: licensing offences
36A.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a director disqualification licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.
(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.”.
(8) In regulation 47(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.
(9) In regulation 49(3) (penalties for offences), after “9(6) (confidentiality),” insert “36A (director disqualification: licensing offences),”.
(10) After regulation 54(3) (trade enforcement: application of CEMA) insert—
“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—
(a)a referral to the Commissioners by the Secretary of State, or
(b)a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).
(3B) Paragraph (3A) applies to the suspected commission of an offence under regulation 28(3) (enabling or facilitating the conduct of armed hostilities).
(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 37(1) or (2), 45(6) and 46(5) insofar as—
(a)the suspected offence relates to a licence issued under regulation 34 (trade licences), and
(b)the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).
(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 29(2) (circumventing etc prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.
S.I. 2019/433, amended by S.I. 2020/591; S.I. 2020/950; S.I. 2022/500; S.I. 2022/819; S.I. 2022.1236; S.I. 2023/121; and S.I. 2023/149.
1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).
S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.