Joint Committee on Statutory Instruments

Joint Committee on Statutory Instruments Twelfth Report

Appendix 2

S.I. 2004/221: memorandum from the Department of Trade and Industry

Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences) Regulations 2004 (S.I. 2004/221)

1. The Department of Trade and Industry is today laying before Parliament the Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training)(Penalties and Licences) Regulations 2004 ('the Regulations'), under section 2(2) of the European Communities Act 1972.

2. The purpose of these Regulations is to give effect to Council Regulation (EC) No. 1727/2003 dated 29th September 2003, which amends the existing EU arms embargo on the Democratic Republic of Congo, and introduce national penalties and licensing provisions with regard to the EC Regulation. These Regulations introduce prohibitions on financing and financial assistance for the sale, supply, transfer or export of arms or related material of all types to any person, entity or body in the Democratic Republic of Congo; and, the provision, directly or indirectly of technical advice, assistance or training related to military activities; and, the participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote such transactions. These Regulations implement and extend, at the EU level, provisions of UNSCR 1493(2003) of 28th July 2003.

3. Owing to an administrative oversight, the need for these Regulations did not become apparent until earlier this year. The Department of Trade and Industry regrets this oversight and considers that it is now necessary to introduce these Regulations as soon as possible.

4th February 2004

S.I. 2004/221: further memorandum from the Department of Trade and Industry

1. The Committee has requested that a memorandum be submitted on the following point:

Elaborate on the statement, in the Department's memorandum of 4 February, that, owing to an administrative oversight, the need for these Regulations did not become apparent until earlier this year.

2. On 28th July 2003 the UN Security Council adopted Resolution 1493 (2003). This resolution imposed an embargo on the supply, sale or transfer of arms to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri (eastern provinces of the Democratic Republic of Congo). It also prohibited the provision to those areas, groups and militias of any assistance, advice or training related to military activities.

3. A European Union arms embargo on the whole of the territory of the Democratic Republic of Congo (DRC) (implemented administratively) has been in place since 1993. In order to implement resolution 1493 (2003) within the EU, Common Position 2002/829/CFSP was amended by Common Position 2003/680/CFSP, to add inter alia the ban of technical assistance, advice or training. Council Regulation (EC) No. 1727/2003 (the EC Regulation) implemented this ban within the Community on 29 September 2003. The EU measures continue to apply to the whole of the territory of the DRC.

4. On 11th August 2003, the Foreign and Commonwealth Office advised this department of the need to draft Regulations pursuant to the EC Regulation in respect of the DRC. The fact that there was some delay before the Regulation was finally passed led to an administrative oversight of the requirement to make Regulations. This oversight was discovered earlier this year and corrected as soon as possible thereafter by the instrument in question.

5. The department very much regrets that this administrative error occurred and it would like to apologise to the Committee for it. The Committee will wish to know that, following this oversight, this department and the Foreign and Commonwealth Office have put in place arrangements to ensure that a repetition is avoided.

5th March 2004