Democratic Republic of Congo
On 28 July 2003 the United Nations Security Council (UNSC) adopted resolution 1493 (2003) imposing sanctions in relation to the Democratic Republic of Congo in response to acts of violence systematically perpetrated against civilians, including massacres, other atrocities and violations of international humanitarian law and human rights. The sanctions regime was modified and strengthened with the adoption of resolutions 1533 (2004), 1596 (2005), 1649 (2005), 1698 (2006), 1768 (2007), 1771 (2007), 1799 (2008) and 1807 (2008). All States remain under an advance notification obligation regarding any shipment of arms and related materiel for the DRC with specific exceptions. The UNSC further extended the arms embargo and targeted travel and financial sanctions in resolution 1952 (2010).
As a consequence, Australian law now prohibits the following conduct:
1. The unauthorised supply, sale or transfer the DRC of arms or related materiel:
- Charter of the United Nations (Sanctions - Democratic Republic of the Congo) Regulations 2008, Regulations 6 and 8
- Customs (Prohibited Exports) Regulations 1958, Regulation 13CL
2. The unauthorised provision of any assistance (including financing and financial assistance related to military activities), advice or training related to military activities:
- Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008 Regulations 7 and 9
3. The use or dealing with the assets of, and the making available of assets to, persons and entities listed by the Security Council or by the Committee established by the United Nations Security Council pursuant to resolution 1533 (the 1533 Committee):
- Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008, Regulation 4, 12 and 13
- Charter of the United Nations (Dealing with Assets) Regulations 2008
- Consolidated list of persons, entities and assets subject to UN Security Council financial sanctions (Excel) as provided for by regulation 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008
- Australia's Implementation of United Nations Security Council Financial Sanctions
4. The entry or transit through Australia of persons listed by the Security Council or by the 1533 Committee.
Due diligence guidelines
The Group of Experts on the DRC, who support the UNSC Sanctions Committee on the DRC, recently released due diligence guidelines for the responsible supply chain of minerals from red flag locations to mitigate the risk of providing direct or indirect support for conflict in the eastern part of the DRC. The guidelines encourage relevant stakeholders to strengthen company management systems, identify and assess risks in the supply chain, design and implement a strategy to respond to identified risks, ensure independent third-party audits and publicly disclose supply chain due diligence and findings.
Authorisations and inquiries
To apply for an authorisation to engage in conduct otherwise prohibited by sanctions, or to make an inquiry as to whether a specific transaction is subject to sanctions, please use the UN Sanctions Permit Management System.