24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : TRA CR 1006/10

 17 November 2006

Trade and Industry Department Circular

UNITED NATIONS SANCTIONS (DEMOCRATIC REPUBLIC OF THE CONGO)
REGULATION 2006

This is to announce for general information that on 17 November 2006 the Government gazetted the United Nations Sanctions (Democratic Republic of the Congo) Regulation 2006 (L.N. 257 of 2006).

2. This Regulation, made under section 3 of the United Nations Sanctions Ordinance (Cap. 537), is to give effect to a decision of the Security Council of the United Nations (UN) in Resolution 1698 of 31 July 2006 to renew the sanctions imposed by UN Security Council Resolutions 1596 (2005), 1649 (2005) and 1671 (2006). The Regulation covers, among others, the following :

1. the prohibition against supply, delivery and carriage of arms or related material to persons in the territory of the Democratic Republic of the Congo, except for those arms or related material

1. that are intended solely for support of or use by such units of the army and police of the Democratic Republic of the Congo that

1. have completed the process of their of integration;

2. operate under the command, respectively, of the ˆmtat-major intˆmgrˆm of the Armed Forces or of the National Police of the Democratic Republic of the Congo; or

3. are in the process of their integration in the territory of the Democratic Republic of the Congo outside the provinces of North and South Kivu and the Ituri district;

2. that are intended solely for support of or use by the UN Organization Mission in the Democratic Republic of the Congo;

3. the prohibited goods are intended solely for support of or use by Eufor R.D. Congo; or

4. that are non-lethal military equipment intended solely for humanitarian or protective use that have been notified in advance to the relevant UN Authority through the specified channel;

2. the prohibition against provision of assistance or training related to military activities to persons in the territory of the Democratic Republic of the Congo, except when

1. the assistance or training is technical assistance or training intended solely for support of or use by the parties under para. 2(a)(i), (ii) and (iii) above; or

2. the assistance or training is technical assistance or training related to the supply of non-lethal military equipment intended solely for humanitarian or protective use that has been notified in advance to the relevant UN Authority through the specified channel;

3. the prohibition against entry into or transit through the Hong Kong Special Administrative Region by certain persons specified by the relevant UN Authority, except for those cases where the UN Authority concerned determines in advance and on a case-by-case basis that the relevant entry or transit is justified on the ground of humanitarian need, including religious obligation; or it concludes that the relevant entry or transit would further the objectives of the resolutions of the UN Security Council, that is peace and national reconciliation in the Democratic Republic of the Congo and stability in the region; and

4. the prohibition against making available funds or other financial assets or economic resources to or for the benefit of a relevant person or a relevant entity designated by the UN Authority concerned.

This Regulation shall expire at midnight on 31 July 2007.

WARNING

3. Contravention to the prohibitions imposed by the Regulation attracts substantial penalties which may amount in some cases to imprisonment for 7 years and/or a fine.

IMPORTANT NOTE

4. This circular is NOT a statement of the Laws of Hong Kong and has NO legal status. Anyone interested in the Regulation should refer to the Government Gazette for details. The prohibitions in the Regulation will apply to any person and company/registered business irrespective of and notwithstanding the possession of valid licences issued by the Director-General of Trade and Industry under the Import and Export Ordinance (Cap. 60) and its subsidiary legislation and other Enactments.

ENQUIRIES

5. Enquiries concerning this circular can be directed to Miss May LOK at tel. no. 2398 5766.

(Miss Susanna SUEN)
for Director-General of Trade and Industry

Note : While every endeavour has been made to ensure the accuracy of the above information, the Department will not accept any responsibility for any loss or consequence caused by any reliance placed on such information.