Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Democratic Republic of the Congo (Sanctions) (Overseas Territories) (Amendment) Order 2017 and comes into force on 17th February 2017.

(2) In this Order, “the principal Order” means the Democratic Republic of the Congo (Sanctions) (Overseas Territories) Order 2015(3).

(3) This Order extends to the territories listed in Schedule 1 to the principal Order.

Amendments to the principal Order

2.—(1) The principal Order is amended as follows.

(2) For article 2(3) substitute—

“(3) Article 17 applies to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Falkland Islands, South Georgia and the South Sandwich Islands, and St Helena, Ascension and Tristan da Cunha as set out in Schedule 2.”.

(3) In article 3(1)—

(a)in the definition of “the Council Regulation”, for “Council Regulation (EU)” substitute “Council Regulation (EC)”(4);

(b)in the definition of “designated person”, for “, entity or body listed in Annex I” substitute “listed in Annex I or Annex Ia”;

(c)in the definition of “insurance”, omit “natural or legal”; and

(d)omit the definitions of “non-governmental person” and “person”.

(4) In article 5(1), after sub-paragraph (b), insert—

“(c)in respect of a person listed in Annex Ia to the Council Regulation, payments due under judicial, administrative or arbitral decisions.”.

(5) In article 6(4), after “article 5(1)(b)” insert “, (c)”.

(6) In article 10(3)—

(a)in sub-paragraph (h), after “arbitral lien” insert “, decision”; and

(b)for sub-paragraph (i), substitute—

“(i)in respect of a person listed in Annex Ia to the Council Regulation, payment necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies and food, or the transfer of humanitarian workers and related assistance, or for evacuations from the Democratic Republic of the Congo.”.

(7) In Schedule 2—

(a)in paragraph 1, for sub-paragraph (1), substitute—

“(1) Article 17 applies as follows to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Falkland Islands, South Georgia and the South Sandwich Islands, and St Helena, Ascension and Tristan da Cunha.”; and

(b)omit paragraph 2.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Democratic Republic of the Congo (Sanctions) (Overseas Territories) Order 2015 (S.I. 2015/1382) (“the principal Order”), in particular to reflect Council Regulation (EU) 2016/2230 of 12 December 2016 (O.J. L. 336, 12.12.2016, p. 1) (“the 2016 Regulation”).

This Order amends the definition of “designated person” to include persons listed in Annex Ia, as well as in Annex I, to Council Regulation (EC) 1183/2005 of 18 July 2005, as amended by the 2016 Regulation. It also amends the provisions regarding the circumstances in which licenses may be granted under the principal Order; updates the penalty provisions in respect of specified territories; and makes other minor technical amendments.