On 23 June 2016, the United Nations Security Council adopted Resolution 2293 (2016)
providing for certain amendments to the exemptions to the arms embargo against the DRC (as well as to the criteria for designation with regard to restrictions on travel and the freezing of funds).
Council Decision (CFSP) 2016/1173 of 18 July[1] and Council Regulation (EU) 2016/1165[2] are meant to implement these changes, amending respectively Council Decision 2010/788/CFSP[3] and Regulation (EC) No 1183/2005.
The main amendments are the following:
- Point (c) of Article 2(1) is amended as to include the prior notification to the Sanction Committee, established pursuant to UNSCR 1533(2004), of all supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, as well as the provision of technical assistance and training.
- Point (e) is added to Article 2(1) as to extend the scope to “other sales and/or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Sanction Committee”.
- Point (e) of Article 3 is reworded as to specify the types of violations committed by persons and entities and subject to restrictive measures: human rights violations, violations of international humanitarian law, acts involving the targeting of civilians (replacing the terms children and women) and attacks on schools and hospitals.
- Point (g) of Article 3 is also reworded as to enlarge the scope of action: criminal networks are added (as individuals or entities subject to restrictive measures); the (entire) DCR territory is involved (instead of only the eastern part of the DCR); the terms “gold” and “wildlife” are specified when referring to illicit trade of natural resources.
Council Regulation (EU) 2016/1165 adds the same amendments, in terms of content, to:
- Article 1b(1), point (d) is added as to include the prior notification to the Sanction Committee for technical assistance, financing or financial assistance or brokering services related to other sales and supply of arms and related materiel;
- Article 2a(1), point (e) is reworded as to specify the types of violations committed by persons and entities and subject to restrictive measures: human rights violations, violations of international humanitarian law, acts involving the targeting of civilians (replacing the terms children and women) and attacks on schools and hospitals;
- Article 2a(1), point (g) is also reworded as to enlarge the scope of action: criminal networks are added (as individuals or entities subject to restrictive measures); the (entire) DCR territory is involved (instead of only the eastern part of the DCR); the terms “gold” and “wildlife” are specified when referring to illicit trade of natural resources.
[1] COUNCIL DECISION (CFSP) 2016/1173 of 18 July 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ L 193/108 of 19/07/2016).
[2] COUNCIL REGULATION (EU) 2016/1165 of 18 July 2016 amending Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ L 193/15 of 19/07/2016).
[3] COUNCIL DECISION 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336/30 of 21/12/2010).