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Democratic Republic of Congo, EU Arms Embargo, Integration of EU and UN Measures, November 2007

NOTICES TO EXPORTERS - 2008/02

Details of the EU Council Regulation of 26 November 2007 which integrates various EU and UN measures on the Democratic Republic of Congo.

  1. The European Union adopted Council Common Position 2007/654/CFSP on 9 October 2007 on the DRC integrating the measures contained in UN Security Council Resolution 1771 (2007). The new measures introduce a further derogation to the prohibitions on the provision of relevant technical assistance.

  2. Council Regulation (EC) 1377/2007 was adopted on 26 November and implements those elements of the Common Position that fell within Community competence i.e., a further derogation from the prohibition set out in Article 2, and recent developments in sanction practice.

  3. The new measures set out in the Common Position and Regulation provide for the authorities to authorise the provision of;

    • Technical assistance agreed by the government of the DRC and intended solely for the support of units of the army, and police of the DRC that are in the process of their integration in the provinces of North and South Kivu and the Ituri district , where the provision of such assistance or services has been notified in Advance to the Sanctions Committee; and

    • Clarify that the prohibition set out in Article 2(b) shall not give rise to liability of any kind, if a person did not know, and had no reasonable cause to suspect, that his actions would infringe the prohibition.

  4. The Department has subsequently issued implementing legislation, The Export Control (Democratic Republic of Congo) (Amendment) Order 2008 (S.I. 2008/131), which entered into force on 24th January 2008. The Order sets out the liability for the offences set out in Article 2(b).

  5. For further details of strategic export controls please contact ECO.

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

 

Export Control Organisation

January 2008

NTE200802

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