Citation, commencement and extent

1. —(1) This Order may be cited as the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2005 and shall come into force on 21 ^st July 2005.

(2) In this Order “the principal Order” means the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003( 3 ).

(3) This Order shall extend to the territories listed in Schedule 1 to the principal Order.

Amendment of Article 2 of principal order

2. In Article 2(1) of the principal Order —

(a) insert before the definition of “Commander” the following new definition—

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

(b) for the definition of “restricted goods”, substitute the following—

“ “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 ) , as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 ( 6 ) . ” .

Replacement of Article 4 of principal Order

3. Article 4 of the principal Order is replaced by the following article —

“ Exportation of restricted goods to the Democratic Republic of the Congo

4. —(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 the Democratic Republic of the Congo or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo.

(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 (1), he shall not be guilty of the offence under paragraph (3) above. ” .

Amendment of Article 5 of principal Order

4. Article 5 of the principal Order is amended by —

(a) replacing the words “person in the Democratic Republic of the Congo” wherever that term appears, with the words “person, entity or body in, or for use in, the Democratic Republic of the Congo”; and

(b) inserting after the term “military activities” the words “or to the provision, manufacture, maintenance or use of restricted goods”.