Financial Sanctions: Democratic Republic of the Congo

This news release is issued to publicise the addition of 6 entries under the Democratic Republic of the Congo Regime.

The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) were made under the Sanctions and Anti-Money Laundering Act 2018 (the Sanctions Act) and provide for the freezing of funds and economic resources of certain persons, entities or bodies which are, or have been, involved in the commission of a serious human rights violation or abuse in the Democratic Republic of the Congo, a violation of international humanitarian law in the Democratic Republic of the Congo, or obstructing or undermining respect for democracy, the rule of law and good governance. The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 have effect in the Isle of Man by the Democratic Republic of the Congo Sanctions (Application) Regulations 2020 [S.D. 2020/0475].

On 21 February 2024 the Foreign, Commonwealth and Development Office updated the UK Sanctions List. This list provides details of those designated under sanctions legislation.

Additions

The following entries have been added to the Consolidated List and are now subject to an asset freeze:

Individuals

  1. HAKIZIMANA, Apollinaire
    DOB: –/–/1964. Good quality a.k.a: AMIKWE LEPIC Low quality a.k.a: (1) ADONIA (2) LE POÈTE Nationality: Rwanda Position: (1) Lieutenant General (2) Commissioner for Defense for the Forces Déocratiques de Libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA) Other Information: (UK Sanctions List Ref): DRC0067. (UN Ref): CDi.039. Listed pursuant to paragraphs 7 (b), 7 (e) and 7 (h) of resolution 2293 (2016) as ‘being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups’; ‘planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals’; and ‘acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity,’ as extended by resolution 2688 (2023). As a military leader of FDLR, APOLLINAIRE HAKIZIMANA is involved in promulgating and supporting the group’s activities. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16379. 
  2. HASSAN, Ahmad Mahmood
    DOB: (1) 21/07/1997. (2) –/–/1993. Good quality a.k.a: (1) ALIYANI, AHMED, MAHAMUD, HASSAN (2) HASSAN, AHMAD, MAHAMOOD (3) HASSAN, AHMAD, MAHMOUD (4) HASSAN, AHMED, MAHMOUD  Low quality a.k.a: (1) ABU WAQAS (2) ABUWAKAS (3) ABWAKASI (4) JUNDI (5) LEBLANC (6) MARABOU (7) MURABU (8) MWARABU (9) SAINT JOYAGE  Nationality: United Republic of Tanzania Passport Number: (1) AB850901 (2) AB187304 Passport Details: (1) United Republic of Tanzania expires 11 Dec. 2026 (2) United Republic of Tanzania (Expired 28 Nov. 2016) Address: Democratic Republic of the Congo. Position: (1) Lieutenant general (2) Senior leader of the Allied Democratic Forces (ADF) (CDe.001) Other Information: (UK Sanctions List Ref): DRC0068. (UN Ref): CDi.040. Listed pursuant to paragraphs 7 (b), 7 (e), and 7 (h) of resolution 2293 (2016) and paragraph 3 of resolution 2641 (2022): ‘being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups’, ‘planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals’, ‘acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity’, and ‘involve[d] in the production, manufacture or use in the DRC of improvised explosive devices, or in the commission, planning, ordering, aiding, abetting or otherwise assistance of attacks in the DRC with improvised explosive devices’. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16380. 
  3. NGOMA, Willy
    DOB: –/–/1974. Nationality: Democratic Republic of the Congo Address: Democratic Republic of the Congo. Position: (1) Major (2) Military spokesperson for M23 Other Information: (UK Sanctions List Ref): DRC0070. (UN Ref): CDi.044. Listed pursuant to paragraphs 7 (c), 7 (e) and 7 (h) of resolution 2293 (2016) as ‘being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;’ ‘planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;’ and ‘acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity’, as reaffirmed by paragraph 2 of resolution 2688 (2023). As a leader of M23 (CDe.006), WILLY NGOMA is involved in planning, promulgating and supporting the armed group’s activities. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16382. 
  4. NKALUBO, Mohamed Ali
    DOB: (1) –/–/1987. (2) –/–/1988. (3) –/–/1991. (4) –/–/1992. (5) –/–/1993. POB: Kampala, Uganda Good quality a.k.a: (1) MEDDIE LEE (2) MEDDIE NKALUBO Low quality a.k.a: (1) ABOU SHAUKAN (2) ABU SHAUKAN (3) ABUL JIHAD (4) DEFENDER (5) KASIBANTE (6) PUNISHER (7) PUNNY BOY Nationality: Uganda Address: Democratic Republic of the Congo. Position: Allied Democratic Forces (ADF) senior leader for operations/organization/support, and also communication and propaganda Other Information: (UK Sanctions List Ref): DRC0069. (UN Ref):CDi.042. Listed pursuant to paragraphs 7 (b), 7 (d), 7 (e), and 7 (h) of resolution 2293 (2016) as ‘being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups; ‘recruiting or using children in armed conflict in the DRC in violation of applicable international law; ‘planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals’; and ‘acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity’, as reaffirmed by paragraph 2 of resolution 2688 (2023). As a leader of ADF (CDe.001), MOHAMED ALI NKALUBO is involved in planning, promulgating and supporting the armed group’s activities. He has effective command and control over the group’s combatants. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16383. 
  5. RUKUNDA, Michel
    DOB: 12/09/1974. POB: Minembwe, South Kivu, Democratic Republic of the Congo Low quality a.k.a: MAKANIKA Nationality: Democratic Republic of the Congo Address: Democratic Republic of the Congo. Position: Commander and military leader of the armed group Twirwaneho Other Information: (UK Sanctions List Ref): DRC0071. (UN Ref): CDi.041. Listed pursuant to paragraph 7 (c), 7 (d), and 7 (e) of resolution 2293 (2016) as ‘being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes’; ‘recruiting or using children in armed conflict in the DRC in violation of applicable international law’; ‘planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals’ and ‘acting on behalf of or at the  6  direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity’, as extended by resolution 2688 (2023). As a military leader of an armed Congolese militia, MICHEL RUKUNDA is involved in promulgating and supporting the group’s activities. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16381.
  6. YAKUTUMBA, William Amuri
    DOB: (1) –/–/1970. (2) –/–/1972. POB: Lunbondja, Fizi Territory, South Kivu, Democratic Republic of the Congo Good quality a.k.a: YAKUTUMBA Nationality: Democratic Republic of the Congo Position: (1) Secretary General and leader for the Coalition nationale du people pour la souveraineté du Congo (CNPSC) (until February 2023) (2) Founder and leader for MAI-MAI YAKUTUMBA Other Information: (UK Sanctions List Ref): DRC0066. (UN Ref): CDi.043. Listed pursuant to paragraphs 7 (c), 7 (d), 7 (e) and 7 (g) of resolution 2293 (2016) as ‘being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;’ ‘recruiting or using children in armed conflict in the DRC in violation of applicable international law;’ ‘planning, directing, committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;’ and ‘supporting individuals or entities, including armed groups or criminal networks, involved in destabilizing activities in the DRC through the illicit exploitation or trade of natural resources, including gold or wildlife as well as wildlife products’, as reaffirmed by paragraph 2 of resolution 2688 (2023). As the leader of the MAI MAI YAKUTUMBA, one of the largest CNPSC militia, WILLIAM AMURI YAKUTUMBA is involved in planning, promulgating and supporting the militia’s activities. He has effective command and control over the militia’s combatants. Listed on: 21/02/2024 UK Sanctions List Date Designated: 20/02/2024 Last Updated: 21/02/2024 Group ID: 16384.

What you must do

Financial institutions and other persons are required to check whether you maintain any accounts or otherwise hold funds or economic resources for, or provide financial services to, designated individuals. If so, you must freeze such accounts or other funds and, unless licensed by the Treasury, not deal with those funds or economic resources, make those funds or economic resources available to a designated person, or make those funds or economic resources available for the benefit of a designated person. You must also report your findings 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.

Further Information

Consequently the Foreign, Commonwealth and Development Office updated the Consolidated List. This list provides details of those designated under sanctions legislation.

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

Further details of the sanctions regime related to Democratic Republic of the Congo and links to other financial sanctions regimes may be found on the Customs and Excise pages of the Isle of Man Government website.

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 2024-02-21.