17 March 2006

UNITED NATIONS SANCTIONS (CÔTE D'IVOIRE) REGULATION 2006

This is to announce for general information that on 17 March 2006 the Government gazetted the United Nations Sanctions (Côte d'Ivoire) Regulation 2006 (L.N. 59 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 (SC) of the United Nations (UN) in Resolution 1643 of 15 December 2005. The Regulation provides, among others, for the following :

1. the prohibition against importation of rough diamonds from Côte d'Ivoire into the Hong Kong Special Administrative Region (HKSAR), which is imposed by UNSC Resolution (UNSCR) 1643;
   
   
2. the further implementation of the following sanctions imposed by UNSCR 1572 (2004), as renewed by UNSCR 1643 :

1. the prohibition against supply and delivery of arms or related material, including military aircraft and equipment, to Côte d'Ivoire, and carriage of such goods destined for Côte d'Ivoire, except for those arms or related material

1. that are intended solely for the support of or use by the UN Operation in Côte d'Ivoire (UNOCI) and the French forces which support the UNOCI;
   
   
2. that are non-lethal military equipment intended solely for humanitarian or protective use that have been approved in advance by the relevant UN Authority;
   
   
3. that are protective clothing, including flak jackets and military helmets, to be temporarily exported to Côte d'Ivoire by the personnel of the UN, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; 
   
   
4. that are to be temporarily exported to Côte d'Ivoire to the forces of a State which is taking action, in accordance with the international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d'Ivoire, and the relevant UN Authority has been notified in advance of the supply of the goods; or
   
   
5. that are intended solely for the support of or use in the process of restructuring defence and security forces pursuant to subparagraph (f) of paragraph 3 of the Linas-Marcoussis Agreement that have been approved in advance by the relevant UN Authority;

2. the prohibition against provision of advice, assistance or training related to military activities to persons connected with Côte d'Ivoire¹, except when

1. the assistance is technical assistance intended solely for the support of or use by the parties under para. 2(B)(a)(i) above;
   
   
2. the assistance or training is technical assistance or training related to the supply of the goods under para. 2(B)(a)(ii) above; or
   
   
3. the assistance or training is technical assistance or training pertaining to para. 2(B)(a)(v) above;

3. the prohibition against entry into or transit through the HKSAR by certain persons specified by the relevant UN Authority, except for those cases where the UN Authority concerned determines 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, for peace and national reconciliation in Côte d'Ivoire 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, except for the prohibition against importation of rough diamonds (para. 2(A) above), shall expire at midnight on 15 December 2006.

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 Judy TING at tel. no. 2398 5766.

1: "Person connected with Côte d'Ivoire" means (a) the Government of Côte d'Ivoire; (b) any person in, or resident in, Côte d'Ivoire; (c) any body incorporated or constituted under the law of Côte d'Ivoire; (d) any body, wherever incorporated or constituted, which is controlled by the Government mentioned in (a), a person mentioned in (b) or a body mentioned in (c); or (e) any person acting on behalf of the Government mentioned in (a), a person mentioned in (b) or a body mentioned in (c) or (d).