OpenLegislation

The Export Control (Democratic Republic of Congo) (Amendment) Order 2008

S.I. 2008/131 · Made 22 January 2008 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 24 January 2008.

See the changes not yet applied
ProvisionChangeMade by
OrderrevokedExport Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) 2015 Sch.

CUSTOMS AND EXCISE

Made 22nd January 2008

Laid before Parliament 23rd January 2008

Coming into force 24th January 2008

The Secretary of State, in exercise of the powers conferred by section 3, 4, 5 and 7 of the Export Control Act 2002f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c.28.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Schedule: AMENDMENT OF THE EXPORT CONTROL (DEMOCRATIC REPUBLIC OF CONGO) ORDER 2005
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. Explanatory note

1I1

This Order may be cited as the Export Control (Democratic Republic of Congo) (Amendment) Order 2008 and shall come into force on 24th January 2008.

2I1

The Export Control (Democratic Republic of Congo) Order 2005f1 is amended as set out in the Schedule to this Order.

Signature

Malcolm Wicks

Minister of State for Energy,

Department for Business, Enterprise and Regulatory Reform

22nd January 2008

1I1

In article 1(2), in the definition of “the Regulation” after the words “13 June 2005” insert “as amended by Council Regulation (EC) No 1377/2007 of 26 November 2007f1”.

2I1

In article 3, before the words “Any person who” insert “Subject to article 3A,”.

3I1

After article 3, insert—

“3A.

No person shall be guilty of an offence under paragraph (b) of article 3 where he did not know, or had no reason to suspect, that his actions would contravene the prohibition at article 2(b) of the Regulation.”.

Explanatory note

(This note is not part of the Order)

This Order implements in part Council Regulation (EC) 1377/2007 which amends Council Regulation (EC) 889/2005f1.

Council Regulation (EC) 1377/2007 was adopted pursuant to Council Common Position 2007/654/CFSPf2 integrating the measures contained in UN Security Council Resolution 1771 (2007).

Council Regulation (EC) 1377/2007 also makes provision for recent developments in sanctions practice regarding the identification of competent authorities, liability for infringements and jurisdiction. It clarifies that the prohibition set out in Article 2(b) of Council Regulation (EC) 889/2005 (provision of financing or financial assistance related to military activities etc) shall not give rise to any liability, if the person concerned did not know, nor have any reasonable cause to suspect, that his actions would infringe the prohibition.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business.