Financial Sanctions: Democratic Republic of the Congo

This news release is issued to publicise the correction of one entry under the Democratic Republic of the Congo sanctions regime.

The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 have effect in the Isle of Man by the Sanctions (Implementation of UK Sanctions) Regulations 2024 (‘the Regulations’), which are made under the Sanctions Act 2024. This regime imposes financial, trade and immigration sanctions for the purpose of encouraging the resolution of the political crisis and armed conflicts in Democratic Republic of the Congo respect for human rights, compliance with international humanitarian law and respect for democracy, the rule of law and good governance in the Democratic Republic of the Congo.  

Individuals and entities who are designated under this regime are included on the UK sanctions list.

Types of sanctions applicable under this regime:

  • asset freeze
  • trade
  • immigration

On 17 May 2024 the Foreign, Commonwealth and Development Office updated the UK Sanctions List. This list provides details of those designated under sanctions legislation.

Correction

One entry has been corrected on the Consolidated List, bringing the entry in line with the UK Sanctions List.

Deleted information appears in [square brackets]. Additional information appears in italics.

Individual

  1. MUDACUMURA, Sylvestre
    DOB: –/–/1954. POB: Cellule Ferege, Gatumba, sector Kibilira commune, Gisenyi Prefecture, Rwanda Good quality a.k.a: (1) BERNARD, Mupenzi (2) MUDACUMURA, General (3) MUPENZI, [Other] General Major Low quality a.k.a: (1) PHARAOH (2) RADJA Nationality: Rwanda Address: North Kivu Province, Congo (Democratic Republic). Position: FDLR-FOCA Commander and FDLR-FOCA Lieutenant General Other Information: (UK Sanctions List Ref):DRC0057. (UN Ref):CDi.012. The International Criminal Court issued an arrest warrant for Mudacumura on 12 July 2012 for nine counts of war crimes, including attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrages against personal dignity, allegedly committed between 2009 and 2010 in the DRC. (Gender):Male Listed on: 02/11/2005 UK Sanctions List Date Designated: 01/11/2005 Last Updated: [21/01/2021] 17/05/2024 Group ID: 8714.

What you must do

If you suspect a person or entity is a match to a person or entity included in the UK Sanctions List, and you hold or otherwise deal with funds or economic resources of that person:

  1. You must freeze the assets immediately
  2. You must review the information you hold for that person against the UK Sanctions List to ensure you do not have a false positive identification
  3. Do not deal with those assets or make them available to, or for the benefit of the designated person unless:
    • You have a legal exemption
    • You have a licence
  4. You must report the frozen assets to the FIU

If you have a suspicion or knowledge that there has been a breach of sanctions law, or any attempted transactions that you have blocked, report your suspicions to the FIU.

Failure to comply with financial and trade sanctions legislation or to attempting to circumvent its provisions is a criminal offence.

Where a relevant institution has already reported details of accounts, other funds or economic resources held frozen for the designated person, you are not required to report these details again.

Note: determining if a customer is on the UK Sanctions List includes whether any corporate entity is owned or controlled, directly or indirectly, by a person on the UK Sanctions List.

Further guidance on false positives and delistings and what to do can be found in the Financial Sanctions General Guidance page.

Further information

Further details on the UN measures in respect of Democratic Republic of the Congo sanctions can be found on the relevant UN Sanctions Committee webpage.

Further information on the sanctions regime related to Democratic Republic of the Congo and other sanctions related guidance can be found on the Sanctions and Export Control website on the Sanctions Guidance page.

Contact details for enquiries

If you require any further information or guidance, please contact the Sanctions Team on:

Telephone: +44 1624 648109
Email: sanctions@gov.im

Please note: We are unable to provide legal advice. You may need to seek independent legal advice.

Please Note: This Article was published by and remains the property of the Isle of Man Government

You may read the original article

at Isle of Man Government News 2024-05-17.