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

Interpretation U.K.

2.  In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);

“CEMA” means the Customs and Excise Management Act 1979 M1 ;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“the Committee” means the Committee of the Security Council established in accordance with paragraph 8 of resolution 1533 (2004) adopted by the Security Council on 12 March 2004;

“conduct” includes acts and omissions;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“the EU DRC Regulation” means Council Regulation (EC) No 1183/2005 of 18 July 2005, imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo M2 , as it has effect in EU law;

[F1 “improvised explosive devices” means devices fabricated or intended to be placed in an improvised manner incorporating destructive, lethal, noxious, “pyrotechnic” or incendiary chemicals designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;]

“non-governmental person” means a person M3 who is not the Government of the Democratic Republic of the Congo or its public bodies, corporations or agencies or any person acting on its behalf or at its direction;

“resolution 1807” means resolution 1807 (2008) adopted by the Security Council on 31 March 2008 M4 ;

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“resolution 2078” means resolution 2078 (2012) adopted by the Security Council on 28 November 2012;

“resolution 2136” means resolution 2136 (2014) adopted by the Security Council on 30 January 2014;

“resolution 2198” means resolution 2198 (2015) adopted by the Security Council on 29 January 2015;

“resolution 2293” means resolution 2293 (2016) adopted by the Security Council on 23 June 2016;

“resolution 2360” means resolution 2360 (2017) adopted by the Security Council on 21 June 2017;

[F3 “resolution 2582” means resolution 2582 (2021) adopted by the Security Council on 29 June 2021;]

[F4 “resolution 2641” means resolution 2641 (2022) adopted by the Security Council on 30 June 2022;]

“trade licence” means a licence under regulation 34;

“Treasury licence” means a licence under regulation 33(1);

“United Kingdom person” has the same meaning as in section 21 of the Act.

Textual Amendments

F1 Words in reg. 2 inserted (23.12.2022) by The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/1236), regs. 1(2), 2(2)(c)

F2 Words in reg. 2 omitted (23.12.2022) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/1236), regs. 1(2), 2(2)(a)

F3 Words in reg. 2 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(2)

F4 Words in reg. 2 inserted (23.12.2022) by The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/1236), regs. 1(2), 2(2)(b)

Commencement Information

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

I2 Reg. 2 in force at 25.3.2019 by S.I. 2019/627, reg. 5(1)(b)

Marginal Citations

M1 1979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

M2 OJ L 193 23.7.2005, p. 1.

M3 “Person” is defined by section 9(5) of the Act to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.

M4 Various provisions of resolution 1807 have been extended by resolution 1857, resolution 1896 (2009) adopted by the Security Council on 30 November 2009, resolution 1952, resolution 2021 (2011) adopted by the Security Council on 29 November 2011, resolution 2078, resolution 2136, resolution 2198, resolution 2293, resolution 2360, and resolution 2424 (2018) adopted by the Security Council on 29 June 2018.