Regulation 4 PurposesI1

United Kingdom

(1)

The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a)

compliance with the relevant UN obligations, and

(b)

the additional purposes mentioned in paragraph (2).

(2)

Those additional purposes are—

(a)

promoting the peace, stability and security of Somalia;

F1(aa)

supporting the Federal Government of Somalia to promote peace, stability, security and the rule of law;

F2(b)

supporting the Federal Government of Somalia in its efforts to reconstruct the country;

F3(ba)

countering terrorist and armed groups – including, but not limited to, Al-Shabaab – which operate in, from, or pose a threat to, Somalia, including by—

(i)

tackling the flow and supply of arms, weapons and ammunition to Somalia contrary to paragraph 4 of resolution 2713 (arms embargo on Al-Shabaab);

(ii)

disrupting the financing of terrorism;

(iii)

reducing the threat posed by IED component goods and IED component technology;

F4(bb)

supporting the Federal Government of Somalia to counter the threats posed by terrorist and armed groups – including, but not limited to, Al-Shabaab – which operate in, from, or pose a threat to, Somalia;

(c)

promoting the effective delivery of the mandates of the regional and international monitoring, peace-support and protection and training missions and mechanisms in Somalia including—

(i)

the F5African Union Transition Mission in SomaliaF6...,

(ii)

the United Nations Assistance Mission in Somalia M1,

(iii)

the United Nations Support Office in Somalia M2,

(iv)

the European Union Training Mission in Somalia M3, and

(v)

the Panel of Experts on Somalia M4;

(d)

promoting respect for humanitarian assistance activities in Somalia;

(e)

promoting compliance with the rules of international humanitarian law applicable to the armed conflicts in Somalia;

(f)

promoting respect for human rights in Somalia, including, in particular, respect for—

(i)

the right to life of persons in Somalia;

(ii)

the right of persons in Somalia not to be held in slavery or required to perform forced or compulsory labour;

(iii)

the right of persons not to be subjected to cruel, inhuman or degrading treatment or punishment in Somalia;

(iv)

the right to liberty and security of persons in Somalia, including freedom from arbitrary arrest, unlawful detention or enforced disappearance;

(v)

the right to a fair trial of persons charged with criminal offences in Somalia;

(vi)

the right of journalists, human rights defenders, civil society activists and other persons in Somalia to freedom of expression and peaceful assembly;

(vii)

the enjoyment of rights and freedoms in Somalia without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,

otherwise than by compliance with the relevant UN obligations.

(3)

In this regulation, “the relevant UN obligations” means the obligations that the United Kingdom has by virtue of—

F7(a)

paragraph 4 of resolution 2713 (arms embargo on Al-Shabaab);

(b)

paragraph 3 of resolution 1844 (asset-freeze etc.) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;

(c)

the obligations that the United Kingdom has by virtue of paragraph 3 of resolution 1844 (asset-freeze etc.) in respect of persons—

(i)

acting on behalf of or at the direction of, or

(ii)

owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844;

(d)

paragraph 7 of resolution 1844 (targeted arms embargo) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;

(e)

paragraph 22 of resolution 2036 (charcoal ban); and

(f)

paragraph 26 of resolution 2498 F8and paragraph 26 of resolution 2551 (IED components ban).

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In paragraphs (3)(b) to (d), any reference to persons named by the Security Council or Committee for the purposes of a provision mentioned therein includes persons so named by virtue of—

(a)

paragraph 8 of resolution 1844;

(b)

paragraphs 1, 2 and 3 of resolution 2002;

(c)

paragraph 23 of resolution 2036;

(d)

paragraph 1, 2 and 3 of resolution 2060;

(e)

paragraph 43 of resolution 2093; F10...

(f)

paragraph 50 of resolution 2444 F11; and

F12(g)

paragraph 25 of resolution 2713.

Annotations

Textual amendments

F1: Reg. 4(2)(aa) inserted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(a)
F2: Reg. 4(2)(b) substituted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(b)
F3: Reg. 4(2)(ba) inserted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(c)
F4: Reg. 4(2)(bb) inserted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(d)
F5: Words in reg. 4(2)(c)(i) substituted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(e)(i)
F6: Words in reg. 4(2)(c)(i) omitted (29.5.2024) by virtue of The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(e)(ii)
F7: Reg. 4(3)(a) substituted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(f)
F8: Words in reg. 4(3)(f) inserted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(3)
F9: Reg. 4(4) omitted (29.5.2024) by virtue of The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(g)
F10: Word in reg. 4(5)(e) omitted (29.5.2024) by virtue of The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(h)
F11: Word in reg. 4(5)(f) substituted for full stop (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(i)
F12: Reg. 4(5)(g) inserted (29.5.2024) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2024 (S.I. 2024/609), regs. 1(2), 2(3)(j)

Marginal citations

M1: The United Nations Assistance Mission in Somalia (UNSOM) was established by paragraph 1 of resolution 2102 adopted by the Security Council on 2 May 2013 and its mandate was updated in subsequent resolutions. Its current mandate was extended to 30 June 2020 by paragraph 1 of resolution 2516 adopted by the Security Council on 30 March 2020.
M2: The United Nations Support Office in Somalia (UNSOS) was established by paragraph 1 of resolution 2245 adopted by the Security Council on 9 November 2015 and the scope of the support provided by UNSOS was most recently amended in resolution 2472 adopted by the Security Council on 31 May 2019.
M3: The European Union Training Mission in Somalia (EUTM Somalia) was established by Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somalia security forces. The mandate of the mission was extended until 31 December 2020 by Article 1 of Council Decision (CFSP) 2018/1787.
M4: The Panel of Experts on Somalia was established by paragraph 11 of resolution 2444 adopted by the Security Council on 14 November 2018. Its mandate was extended to 15 December 2020 by paragraph 29 of resolution 2498 adopted by the Security Council on 15 November 2019.

Commencement

I1: Reg. 4 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)