I. Relevant Security Council resolutions and Guidelines of the Committee
The exemptions to the arms embargo are guided by the following:
- Security Council Resolution 2293 (2016): paragraphs 2 and 3
- Committee Guidelines: Paragraph 11.
II. Who is entitled to submit the arms embargo exemption requests or notifications?
Only Member States (usually through their Permanent Missions to the United Nations) and international, regional or subregional organizations can submit arms embargo exemption requests or notifications.
III. What type of arms embargo exemptions are currently in force?
There are two types of arms embargo exemptions:
- for the Committee’s information (including notifications);
- exemption requests;
1. Arms embargo exemptions for the Committee’s information
Pursuant to paragraph 2 of Resolution 2293 (2016) the Council decided that the arms embargo no longer apply to the supply, sale or transfer of arms and related materiel, and the provision of any assistance, advice or training related to military activities to the Government of the DRC;
Pursuant to paragraph 3 (a) of Resolution 2293 (2016), the Council decided that supplies of arms and related materiel, as well as assistance, advice or training, intended solely for the support of or use by MONUSCO or the African Union-Regional Task Force, were exempt from the embargo.
Pursuant to paragraph 3 (b) of Resolution 2293 (2016), the Council decided that protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only, were exempt from the embargo.
Pursuant to paragraph 3 (c) of Resolution 2293 (2016), the Council decided that other supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as notified in advance to the Committee in accordance with paragraph 5 of resolution 1807 (2008), were exempt from the embargo.
2. Standing Arms Embargo exemptions
Pursuant to paragraph 3 (d) of Resolution 2293 (2016), the Council provided exemptions to other sales and or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee.
IV. How to make the request for exemptions from the general arms embargo?
Please address the requests/notifications for the arms embargo exemptions to:
The Chair of the Committee, His Excellency Mr. Michel Xavier Biang (Gabon) through the Permanent Mission of Gabon to the United Nations
With copies to:
- The Senior Committee Secretary of the Committee, Mr. David Biggs (email@example.com)
Pursuant to paragraph 1 of Resolution 2293 (2016), the Council reaffirmed the provisions of paragraph 5 of resolution 1807 (2008), i.e. that all States shall notify in advance to the Committee any shipment of arms and related materiel for the Democratic Republic of the Congo, or any provision of assistance, advice or training related to military activities in the DRC.
In accordance with paragraph 11 of the Committee Guidelines, notifications and exemption requests (regarding the provision of military equipment to the DRC) should include the following information:
- Identity of the end-user (i.e., end-user certificate) of the equipment (Congolese Ministry of Defence/Interior or relevant State institution);
- Proposed date of the departure of the shipment;
- Proposed date of the delivery of the shipment to the DRC;
- Details of the itinerary of the shipment;
- Identity of the cargo carrier
- Registration number and serial number of the aircraft used to deliver the equipment by air;
- Name and registration number of the ship for deliveries by sea;
- Name of the transport company and registration number of the vehicles used for deliveries by road;
- Number of containers and identification serial number or marking of each container used to ship the equipment;
- Exact quantity of shipped equipment, including the exact number of items and the total net weight;
- Technical specifications of the shipped equipment, including a reference on the state of the equipment including:
- type of equipment;
- name of the items as per the nomenclature used by the manufacturing company;
- state of the equipment (newly manufactured or year of manufacture if second hand equipment).
- Marking numbers or codes of each shipped item;
- Marking numbers of each packaging element used to protect the equipment during the shipment;
Pursuant to paragraph 5 of resolution 1807 (2008), all States shall notify in advance to the Committee prior to the commencement of military training of DRC military personnel, and include in such notifications the following information:
- Exact number of the trainers and proposed date of arrival in the DRC;
- Exact location of the training to be delivered;
- Proposed date of commencement of training;
- Proposed date of conclusions of training;
- Identity of the FARDC units to be trained;
- Nature of the training performed.
Please Note that where a request or a notification does not contain all the information, the Chair of the Committee may seek further information from the Member State, international, regional or subregional organizations that submitted the request or the notification.
V. Decision-making of the Committee
The Chair will inform in writing the Member States (usually through their Permanent Missions to the United Nations), international, regional or subregional organizations of the decision of the Committee regarding its consideration of exemptions requests and notifications.