2008 No. 131
CUSTOMS AND EXCISE
The Export Control (Democratic Republic of Congo) (Amendment) Order 2008
22nd January 2008
Laid before Parliament
23rd January 2008
Coming into force
24th January 2008
The Secretary of State, in exercise of the powers conferred by section 3, 4, 5 and 7 of the Export Control Act 2002(1), makes the following Order:
1. This Order may be cited as the Export Control (Democratic Republic of Congo) (Amendment) Order 2008 and shall come into force on 24th January 2008.
2. The Export Control (Democratic Republic of Congo) Order 2005(2) is amended as set out in the Schedule to this Order.
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
22nd January 2008
SCHEDULEAMENDMENT OF THE EXPORT CONTROL (DEMOCRATIC REPUBLIC OF CONGO) ORDER 2005
2. In article 3, before the words “Any person who” insert “Subject to article 3A,”.
3. After article 3, insert—
“3A. No person shall be guilty of an offence under paragraph (b) of article 3 where he did not know, or had no reason to suspect, that his actions would contravene the prohibition at article 2(b) of the Regulation.”.
(This note is not part of the Order)
Council Regulation (EC) 1377/2007 also makes provision for recent developments in sanctions practice regarding the identification of competent authorities, liability for infringements and jurisdiction. It clarifies that the prohibition set out in Article 2(b) of Council Regulation (EC) 889/2005 (provision of financing or financial assistance related to military activities etc) shall not give rise to any liability, if the person concerned did not know, nor have any reasonable cause to suspect, that his actions would infringe the prohibition.
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business.