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The Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences) Regulations 2004

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Explanatory Note

(This note is not part of the Regulations)

These Regulations provide that breaches of certain provisions of Council Regulation (EC) 1727/2003 (“the EC Regulation”) are to be criminal offences. Regulation 2 creates penalties in respect of the following provisions of the EC Regulation:

(a)Article 1(a), which prohibits the provision of financing or financial assistance for any sale, supply, transfer or export of arms and related material of all types to any person, entity or body in the Democratic Republic of Congo; and

(b)Article 1(b), which prohibits the provision to the Democratic Republic of Congo of technical advice, assistance or training related to military activities; and

(c)Article 1(2), which prohibits the participation in activities which promote the transactions or activities covered by Article 1(a) and 1(b).

Regulation 3 provides for licensing of financing and financial assistance (for the sale, supply, transfer or export of arms and related material) and licensing of technical advice, assistance or training (related to military activities), and regulation 4 provides for enforcement and penalties for breach of the EC Regulation.

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

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