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

Financial services and funds relating to military goods and military technologyU.K.

This section has no associated Explanatory Memorandum

26.—(1) A person must not directly or indirectly provide financial services to a non-governmental person operating in the Democratic Republic of the Congo in pursuance of, or in connection with, an arrangement whose object or effect is—

(a)the export of military goods,

(b)the direct or indirect supply or delivery of military goods,

(c)directly or indirectly making military goods or military technology available to a person,

(d)the transfer of military technology, or

(e)the direct or indirect provision of technical assistance relating to military goods or military technology.

(2) A person must not directly or indirectly make funds available to a non-governmental person operating in the Democratic Republic of the Congo in pursuance of, or in connection with, an arrangement mentioned in paragraph (1).

(3) A person must not directly or indirectly provide financial services or funds in pursuance of, or in connection with, an arrangement whose object or effect is—

(a)the export of military goods to a non-governmental person operating in the Democratic Republic of the Congo,

(b)the direct or indirect supply or delivery of military goods to a non-governmental person operating in the Democratic Republic of the Congo,

(c)directly or indirectly making military goods or military technology available to a non-governmental person operating in the Democratic Republic of the Congo,

(d)the transfer of military technology to a non-governmental person operating in the Democratic Republic of the Congo, or

(e)the direct or indirect provision of technical assistance relating to military goods or military technology to a non-governmental person operating in the Democratic Republic of the Congo.

(4) Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the non-governmental person was operating in the Democratic Republic of the Congo;

(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Commencement Information

I1Reg. 26 not in force at made date, see reg. 1(2)