The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021

This Statutory Instrument has been printed partially to correct an error in S.I. 2019/433 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 1041

Sanctions

The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021

Made

13th September 2021

Laid before Parliament

16th September 2021

Coming into force

7th October 2021

The Secretary of State(1), in exercise of the powers conferred by sections 1 and 45 of the Sanctions and Anti-Money Laundering Act 2018(2), considers that the requirements of section 45(2) of the Act are satisfied and makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2021.

(2) These Regulations come into force on 7th October 2021.

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

2.—(1) The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019(3) are amended as follows.

(2) In regulation 2 (interpretation) at the appropriate place insert—

““resolution 2582” means resolution 2582 (2021) adopted by the Security Council on 29 June 2021;”.

(3) In regulation 4 (purposes)—

(a) in paragraph (4)(f), omit “and”;

(b) in paragraph (4)(g) for “.”, substitute “; and”;

(c) after paragraph (4)(g), insert—

“(h) paragraph 3 of resolution 2582.”.

(4) In regulation 10(1), for “paragraph 13 of resolution 1807” substitute “paragraph 11 of resolution 1807”.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

13th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) (“the Sanctions Act”).

The Regulations make amendments to the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) (“the Democratic Republic of the Congo Regulations”) which were made under section 1 of the Sanctions Act.

The Regulations amend the Democratic Republic of the Congo Regulations to insert into regulation 4(4) a reference to paragraph 3 of United Nations Security Council Resolution 2582 (2021), adopted on 29 June 2021 (“Resolution 2582”). That paragraph decides that the financial and travel sanctions in paragraphs 9 and 11 of United Nations Security Council Resolution 1807 (2008), adopted on 31 March 2008 (“Resolution 1807”), shall also apply to individuals and entities designated by the relevant UN Sanctions Committee for planning, directing, sponsoring or participating in attacks against medical personnel or humanitarian personnel. The amendments made by these Regulations enable implementation of the UK’s UN obligations in respect of financial sanctions.

The Regulations also correct a reference in regulation 10(1) of the Democratic Republic of the Congo Regulations to refer to the asset-freeze provision of Resolution 1807.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) is conferred on an “appropriate Minister”. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

(2)

2018 c. 13.

(3)

S.I. 2019/433 as amended by section 410 of, and paragraph 446 of Schedule 24 to, the Sentencing Act 2020 (c. 17); S.I. 2020/591; and S.I. 2020/950.