Citation, commencement, interpretation and extent

1. —(1) This Order may be cited as the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 and comes into force on 5th December 2012.

(2) In this Order, “the principal Order” means the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003( 4 ).

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

Amendment of the principal Order

2. The principal Order is amended as follows.

3. In article 2—

(a) in the appropriate place, insert—

“ “financing and financial assistance” in relation to the provision of assistance related to restricted goods includes in particular grants, loans and export credit insurance for any supply, delivery or export of such goods; ” ;

“ “non-governmental person” means any non-governmental legal or natural person, entity or body; ” ; and

“ “technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance; ” ;

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

“ “restricted goods” means the goods, software and technology specified in Schedule 2 to the Export Control Order 2008 ( 5 ) as amended from time to time and, so far as not covered in that Schedule, the goods, software and technology specified in the Common Military List of the European Union ( 6 ) as amended from time to time; ” .

4. In article 3(1), for “person in the Democratic Republic of the Congo”, wherever occurring, substitute “non-governmental person in the Democratic Republic of the Congo”.

5. For article 4(1), substitute—

“ 4. —(1) Except under the authority of a licence granted by the Governor under this article, it is prohibited to export restricted goods from the Territory for the purpose of delivery, directly or indirectly, to or to the order of any non-governmental person in, or for use in, the Democratic Republic of the Congo. ” .

6. In article 5, for “person, entity or body” wherever occurring, substitute “non-governmental person”.

7. After article 5, insert—

“ Requirement for notice before exporting restricted goods or providing assistance etc. to the Democratic Republic of the Congo

5A. —(1) A person who—

(a) exports restricted goods to the Democratic Republic of the Congo (where such export is not prohibited by article 3 or 4), or

(b) provides assistance, advice or training related to military activities or to the provision, manufacture, maintenance or use of restricted goods in the Democratic Republic of the Congo (where such provision is not prohibited by article 5),

must send the Governor written notice of the proposed export or provision of assistance, advice or training not less than 21 calendar days before the date of export or the date the assistance, advice or training is to be provided.

(2) The notice referred to in paragraph (1) must include all relevant information including, where appropriate, the end-user, proposed date of delivery and the itinerary of shipments.

(3) A person who fails to send the notice required by paragraph (1) commits an offence.

Licences

5B. —(1) The Governor may grant a licence under article 3, 4 or 5 of this Order in respect of—

(a) the supply, delivery or export of restricted goods or the provision of assistance, advice or training related to restricted goods intended solely for the support of, or use by, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo;

(b) the supply, delivery or export of protective clothing, including flak jackets and military helmets, temporarily exported to the Democratic Republic of the Congo by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; or

(c) the supply, delivery or export of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training. ” .

8. In article 6—

(a) for paragraph (1) substitute—

“ (1) Without prejudice to the generality of article 3, no ship or aircraft to which this article applies, and no vehicle within the Territory, may be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside the Democratic Republic of the Congo to any non-governmental person in the Democratic Republic of the Congo. ” ;

(b) in paragraph (3), for “destination therein” substitute “non-governmental person in the Democratic Republic of the Congo”.

9. For article 9(1)(a), substitute—

“ (a) declare whether or not he has with him any restricted goods which are for delivery, directly or indirectly, to or to the order of any non-governmental person in the Democratic Republic of the Congo; and ” .

10. In article 15(5), after “article” insert “5A,”.

11. In paragraph 4 of Schedule 2 after “article” insert “5A,”.