Citation and commencement

1. —(1) This Order may be cited as the Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2004 and shall come into force on 16th April 2004.

(2) In this Order “the Order” means the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002( 3 ).

Amendment

2. In Article 2(1) of the Order the following definition shall be added:

“ “assistance” means any form of assistance including technical assistance, services, financing and financial assistance; ” .

3. In Article 2(1) of the Order, the definition of “restricted goods” shall be replaced by the following definition:

“ “restricted goods” means the goods specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ( 4 ) made under the Export Control Act 2002 ( 5 ) and equipment that might be used for internal repression as listed in Schedule 3 to this Order; ” .

4. Article 4 of the Order is replaced by the following Article:

“ Exportation of restricted goods to Zimbabwe

(1) Except under the authority of a licence granted by the Governor under this article, restricted goods are prohibited to be exported from the Territory to any destination in Zimbabwe or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Zimbabwe.

(2) Any restricted goods which are exported or attempted to be exported shall be liable to forfeiture.

(3) Any person knowingly concerned in the exportation or attempted exportation of such goods shall be guilty of an offence under this Order.

(4) In any case where a person would, apart from this paragraph, be guilty of an offence under paragraph (3) above and of an offence under article 3 above, he shall not be guilty of the offence under paragraph (3) above. ” .

5. In Article 5(1) and (2), delete the word “technical” where it appears before the word “assistance”.

6. In the heading of Article 6, delete the words “, technical assistance and training”.

7. In Article 19(1) of the Order, “4(3),” shall be inserted between “3,” and “5”.

8. In paragraph 1(1) of Schedule 2 to the Order, “4(3),” shall be inserted between “3,” and “5”.

9. Schedule 3 to the Order is replaced by the following new Schedule 3:

Article 2(1)

“ SCHEDULE 3 EQUIPMENT THAT MIGHT BE USED FOR INTERNAL REPRESSION

1. Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and ballistic shields and specially designed components therefor.

2. Specially designed fingerprint equipment.

3. Power controlled searchlights.

4. Construction equipment provided with ballistic protection.

5. Hunting knives.

6. Specially designed production equipment to make shotguns.

7. Ammunition hand-loading equipment.

8. Communications intercept devices.

9. Solid-state optical detectors.

10. Image-intensifier tubes.

11. Telescopic weapon sights.

12. Smooth-bore weapons and related ammunition, other than those specially designed for military use, and specially designed components therefor; except:

(a) signal pistols;

(b) air- and cartridge-powered guns designed as industrial tools or humane animal stunners.

13. Simulators for training in the use of firearms and specially designed or modified components and accessories therefor.

14. Bombs and grenades, other than those specially designed for military use, and specially designed components therefor.

15. Body armour, other than those manufactured to military standards or specifications, and specially designed components therefor.

16. All-wheel-drive utility vehicles capable of off-road use that have been manufactured or fitted with ballistic protection, and profiled armour for such vehicles.

17. Water cannon and specially designed or modified components therefor.

18. Vehicles equipped with a water cannon.

19. Vehicles specially designed or modified to be electrified to repel boarders and components therefor specially designed or modified for that purpose.

20. Accoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and specially designed components therefor.

21. Leg-irons, gang-chains, shackles and electric-shock belts, specially designed for restraining human beings; except:

• handcuffs for which the maximum overall dimension including chain does not exceed 240 mm when locked.

22. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an incapacitating substance (such as tear gas or pepper sprays), and specially designed components therefor.

23. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (including electric-shocks batons, electric shock shields, stun guns and electric shock dart guns (tasers)) and components therefor specially designed or modified for that purpose.

24. Electronic equipment capable of detecting concealed explosives and specially designed components therefor; except:

• TV or X-ray inspection equipment.

25. Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised devices and specially designed components therefor.

26. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except:

• those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators).

27. Equipment and devices designed for explosive ordnance disposal; except:

• bomb blankets;

• containers designed for folding objects known to be, or suspected of being improvised explosive devices.

28. Night vision and thermal imaging equipment and image intensifier tubes or solid state sensors therefor.

29. Software specially designed and technology required for all listed items.

30. Linear cutting explosive charges.

31. Explosives and related substances as follows:

• amatol,

• nitrocellulose (containing more than 12,5% nitrogen),

• nitroglycol,

• pentaerythritol tetranitrate ( PETN ),

• picryl chloride,

• tinitorphenylmethylnitramine (tetryl),

• 2,4,6-trinitrotoluene ( TNT ).

32. Software specially designed and technology required for all listed items. ” .

10. Schedule 4 to the Order is replaced by the following new Schedule 4:

Articles 6, 7, 8 and 10

“ SCHEDULE 4 LIST OF PERSONS REFERRED TO IN ARTICLES 6, 7, 8 and 10