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2004 No. 1111

OVERSEAS TERRITORIES

The Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2004

  Made 14th April 2004 
  Laid before Parliament 15th April 2004 
  Coming into force 16th April 2004 

At the Court at Windsor Castle, the 14th day of April 2004

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 112 of the Saint Helena Act 1833[1], the British Settlements Acts 1887 and 1945[2], and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
     1.  - (1) This Order may be cited as the Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2004 and shall come into force on 16th April 2004.

    (2) In this Order "the Order" means the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002[
3].

Amendment
     2. In Article 2(1) of the Order the following definition shall be added:

      " "assistance" means any form of assistance including technical assistance, services, financing and financial assistance;".

     3. In Article 2(1) of the Order, the definition of "restricted goods" shall be replaced by the following definition:

      " "restricted goods" means the goods specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003[4] made under the Export Control Act 2002[5] and equipment that might be used for internal repression as listed in Schedule 3 to this Order;".

     4. Article 4 of the Order is replaced by the following Article:

    " Exportation of restricted goods to Zimbabwe


        (1) Except under the authority of a licence granted by the Governor under this article, restricted goods are prohibited to be exported from the Territory to any destination in Zimbabwe or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Zimbabwe.

        (2) Any restricted goods which are exported or attempted to be exported shall be liable to forfeiture.

        (3) Any person knowingly concerned in the exportation or attempted exportation of such goods shall be guilty of an offence under this Order.

        (4) In any case where a person would, apart from this paragraph, be guilty of an offence under paragraph (3) above and of an offence under article 3 above, he shall not be guilty of the offence under paragraph (3) above.".

     5. In Article 5(1) and (2), delete the word "technical" where it appears before the word "assistance".

    
6. In the heading of Article 6, delete the words ", technical assistance and training".

    
7. In Article 19(1) of the Order, "4(3)," shall be inserted between "3," and "5".

    
8. In paragraph 1(1) of Schedule 2 to the Order, "4(3)," shall be inserted between "3," and "5".

    
9. Schedule 3 to the Order is replaced by the following new Schedule 3:



    " SCHEDULE 3
    Article 2(1)


    EQUIPMENT THAT MIGHT BE USED FOR INTERNAL REPRESSION


        
    1. Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and ballistic shields and specially designed components therefor.

        
    2. Specially designed fingerprint equipment.

        
    3. Power controlled searchlights.

        
    4. Construction equipment provided with ballistic protection.

        
    5. Hunting knives.

        
    6. Specially designed production equipment to make shotguns.

        
    7. Ammunition hand-loading equipment.

        
    8. Communications intercept devices.

        
    9. Solid-state optical detectors.

        
    10. Image-intensifier tubes.

        
    11. Telescopic weapon sights.

        
    12. Smooth-bore weapons and related ammunition, other than those specially designed for military use, and specially designed components therefor; except:

      (a) signal pistols;

      (b) air- and cartridge-powered guns designed as industrial tools or humane animal stunners.

         13. Simulators for training in the use of firearms and specially designed or modified components and accessories therefor.

        
    14. Bombs and grenades, other than those specially designed for military use, and specially designed components therefor.

        
    15. Body armour, other than those manufactured to military standards or specifications, and specially designed components therefor.

        
    16. All-wheel-drive utility vehicles capable of off-road use that have been manufactured or fitted with ballistic protection, and profiled armour for such vehicles.

        
    17. Water cannon and specially designed or modified components therefor.

        
    18. Vehicles equipped with a water cannon.

        
    19. Vehicles specially designed or modified to be electrified to repel boarders and components therefor specially designed or modified for that purpose.

        
    20. Accoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and specially designed components therefor.

        
    21. Leg-irons, gang-chains, shackles and electric-shock belts, specially designed for restraining human beings; except:

       -  handcuffs for which the maximum overall dimension including chain does not exceed 240 mm when locked.

         22. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an incapacitating substance (such as tear gas or pepper sprays), and specially designed components therefor.

        
    23. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (including electric-shocks batons, electric shock shields, stun guns and electric shock dart guns (tasers)) and components therefor specially designed or modified for that purpose.

        
    24. Electronic equipment capable of detecting concealed explosives and specially designed components therefor; except:

       -  TV or X-ray inspection equipment.

         25. Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised devices and specially designed components therefor.

        
    26. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except:

       -  those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators).

         27. Equipment and devices designed for explosive ordnance disposal; except:

       -  bomb blankets;

       -  containers designed for folding objects known to be, or suspected of being improvised explosive devices.

         28. Night vision and thermal imaging equipment and image intensifier tubes or solid state sensors therefor.

        
    29. Software specially designed and technology required for all listed items.

        
    30. Linear cutting explosive charges.

        
    31. Explosives and related substances as follows:

       -  amatol,

       -  nitrocellulose (containing more than 12,5% nitrogen),

       -  nitroglycol,

       -  pentaerythritol tetranitrate (PETN),

       -  picryl chloride,

       -  tinitorphenylmethylnitramine (tetryl),

       -  2,4,6-trinitrotoluene (TNT).

         32. Software specially designed and technology required for all listed items.".

     10. Schedule 4 to the Order is replaced by the following new Schedule 4:



    " SCHEDULE 4
    Articles 6, 7, 8 and 10


    LIST OF PERSONS REFERRED TO IN ARTICLES 6, 7, 8 and 10


    1. Mugabe, Robert Gabriel President, born 21.2.1924
    2. Buka (a.k.a. Bhuka), Flora Minister of State in Vice-President's Office (former Minister of State for the Land Reform Programme in the President's Office), born 25.2.1968
    3. Bonyongwe, Happyton Director-General Central Intelligence Organisation, born 6.11.1960
    4. Chapfika, David Deputy Minister of Finance and Economic Development
    5. Charamba, George Permanent Secretary Department for Information and Publicity, born 4.4.1963
    6. Charumbira, Fortune Zefanaya Deputy Minister for Local Government, Public Works and National Housing, born 10.6.1962
    7. Chigwedere, Aeneas Soko Minister of Education, Sports and Culture, born 25.11.1939
    8. Chihuri, Augustine Police Commissioner, born 10.3.1953
    9. Chikowore, Enos C. ZANU (PF) Politburo Secretary for Land and Resettlement, born 1936
    10. Chinamasa, Patrick Anthony Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947
    11. Chindori-Chininga, Edward Takaruza former Minister of Mines and Mining Development, born 14.3.1955
    12. Chipanga, Tongesai Shadreck Deputy Minister of Home Affairs
    13. Chiwenga, Constantine Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956
    14. Chiwewe, Willard Senior Secretary responsible for Special Affairs in the President's Office (former Senior Secretary, Ministry of Foreign Affairs), born 19.3.1949
    15. Chombo, Ignatius Morgan Chiminya Minister of Local Government, Public Works and National Housing, born 1.8.1952
    16. Dabengwa, Dumiso ZANU (PF) Politburo Senior Committee Member, born 1939
    17. Goche, Nicholas Tasunungurwa Minister of State for National Security in the President's Office (former Security Minister), born 1.8.1946
    18. Gula-Ndebele, Sobuza Chairman of Electoral Supervisory Commission
    19. Gumbo, Rugare Eleck Ngidi Minister of State for State Enterprises and Parastatals in the President's Office (former Deputy Minister of Home Affairs), born 8.3.1940
    20. Hove, Richard ZANU (PF) Politburo Secretary for Economic Affairs, born 1935
    21. Hungwe, Josaya (a.k.a. Josiah) Dunira Provincial Governor: Masvingo, born 7.11.1935
    22. Kangai, Kumbirai ZANU (PF) Politburo Committee Member, born 17.2.1938
    23. Karimanzira, David Ishemunyoro Godi ZANU (PF) Politburo Secretary for Finance, born 25.5.1947
    24. Kasukuwere, Saviour ZANU (PF) Politburo Deputy-Secretary for Youth Affairs, born 23.10.1970
    25. Kuruneri, Christopher Tichaona Minister of Finance and Economic Development (former Deputy Minister of Finance and Economic Development), born 4.4.1949
    26. Langa, Andrew Deputy Minister of Transport and Communications
    27. Lesabe, Thenjiwe V. ZANU (PF) Politburo Secretary for Women's Affairs, born 1933
    28. Machaya, Jason (a.k.a. Jaison) Max Kokerai Deputy Minister of Mines and Mining Development, born 13.6.1952
    29. Made, Joseph Mtakwese Minister of Agriculture and Rural Development (former Minister of Lands, Agricultural and Rural Resettlement), born 21.11.1954
    30. Madzongwe, Edna (a.k.a. Edina) ZANU (PF) Politburo Deputy Secretary for Production and Labour, born 11.7.1943
    31. Mahofa, Shuvai Ben Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941
    32. Mahoso, Tafataona Chair, Media Information Commission
    33. Makoni, Simbarashe ZANU (PF) Politburo Deputy Secretary for Economic Affairs (former Minister of Finance), born 22.3.1950
    34. Malinga, Joshua ZANU (PF) Politburo Deputy Secretary for Disabled and Disadvantaged, born 28.4.1944
    35. Mangwana, Paul Munyaradzi Minister of Public Service, Labour and Social Welfare (former Minister of State for State Enterprises and Parastatals in the President's Office), born 10.8.1961
    36. Mangwende, Witness Pasichigare Madunda Provincial Governor: Harare (former Minister for Transport and Communications), born 15.10.1946
    37. Manyika, Elliot Tapfumanei Minister without Portfolio (former Minister of Youth Development, Gender and Employment Creation), born 30.7.1955
    38. Manyonda, Kenneth Vhundukai Deputy Minister of Industry and International Trade, born 10.8.1934
    39. Marumahoko, Rueben Deputy Minister of Energy and Power Development, born 4.4.1948
    40. Masawi, Ephrahim Sango Provincial Governor: Mashonaland Central
    41. Masuku, Angeline Provincial Governor: Matabeleland South (ZANU (PF) Politburo Secretary for Disabled and Disadvantaged), born 14.10.1936
    42. Mathema, Cain Provincial Governor: Bulawayo
    43. Mathuthu, T. ZANU (PF) Politburo Deputy Secretary for Transport and Social Welfare
    44. Midzi, Amos Bernard (Mugenva) Minister of Mines and Mining Development (former Minister of Energy and Power Development), born 4.7.1952
    45. Mnangagwa, Emmerson Dambudzo Speaker of Parliament, born 15.9.1946
    46. Mohadi, Kembo Campbell Dugishi Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949
    47. Moyo, Jonathan Minister of State for Information and Publicity in the President's Office, born 12.1.1957
    48. Moyo, July Gabarari Minister of Energy and Power Development (former Minister of Public Service, Labour and Social Welfare), born 7.5.1950
    49. Moyo, Simon Khaya ZANU (PF) Politburo Deputy Secretary for Legal Affairs, born 1945
    50. Mpofu, Obert Moses Provincial Governor: Matabeleland North (ZANU (PF) Politburo Deputy Secretary for National Security), born 12.10.1951
    51. Msika, Joseph W. Vice-President, born 6.12.1923
    52. Msipa, Cephas George Provincial Governor: Midlands, born 7.7.1931
    53. Muchena, Olivia Nyembesi (a.k.a. Nyembezi) Minister of State for Science and Technology in the President's Office (former Minister of State in Vice-President Msika's Office), born 18.8.1946
    54. Muchinguri, Oppah Chamu Zvipange ZANU (PF) Politburo Secretary for Gender and Culture, born 14.12.1958
    55. Mudede, Tobaiwa (Tonneth) Registrar General, born 22.12.1942
    56. Mudenge, Isack Stanilaus Gorerazvo Minister of Foreign Affairs, born 17.12.1941
    57. Mugabe, Grace Spouse of President Robert Gabriel Mugabe, born 23.7.1965
    58. Mugabe, Sabina ZANU (PF) Politburo Senior Committee Member, born 14.10.1934
    59. Mujuru, Joyce Teurai Ropa Minister of Water Resources and Infrastructural Development (former Minister of Rural Resources and Water Development), born 15.4.1955
    60. Mujuru, Solomon T.R. ZANU (PF) Politburo Senior Committee Member, born 1.5.1949
    61. Mumbengegwi, Samuel Creighton Minister of Industry and International Trade (former Minister of Higher Education and Technology), born 23.10.1942
    62. Murerwa, Herbert Muchemwa Minister of Higher and Tertiary Education (former Minister of Finance and Economic Development), born 31.7.1941
    63. Mushohwe, Christopher Chindoti Minister of Transport and Communications (former Deputy Minister of Transport and Communications), born 6.2.1954
    64. Mutasa, Didymus Noel Edwin Minister of Special Affairs in the President's Office in charge of the Anti-Corruption and Anti-Monopolies Programme (former ZANU (PF) Politburo Secretary for External Relations), born 27.7.1935
    65. Mutinhiri, Ambros (a.k.a. Ambrose) Minister of Youth Development, Gender and Employment Creation, Retired Brigadier
    66. Mutiwekuziva, Kenneth Kaparadza Deputy Minister of Small and Medium Enterprises Development, born 27.5.1948
    67. Muzenda, Tsitsi V. ZANU (PF) Politburo Senior Committee Member, born 28.10.1922
    68. Muzonzini, Elisha Brigadier (former Director-General Central Intelligence Organisation), born 24.6.1957
    69. Ncube, Abedinico Deputy Minister of Foreign Affairs, born 13.10.1954
    70. Ndlovu, Naison K. ZANU (PF) Politburo Secretary for Production and Labour, born 22.10.1930
    71. Ndlovu, Sikhanyiso ZANU (PF) Politburo Deputy Secretary for Commissariat, born 20.9.1949
    72. Nhema, Francis Minister of Environment and Tourism, born 17.4.1959
    73. Nkomo, John Landa Minister of Special Affairs in the President's Office
    74. Nyambuya, Michael Reuben Lieutenant General, Provincial Governor: Manicaland
    75. Nyoni, Sithembiso Gile Glad Minister of Small and Medium Enterprises Development (former Minister of State for the Informal Sector), born 20.9.1949
    76. Parirenyatwa, David Pagwese Minister of Health and Child Welfare (former Deputy Minister), born 2.8.1950
    77. Pote, Selina M. ZANU (PF) Politburo Deputy Secretary for Gender and Culture
    78. Rusere, Tinos Deputy Minister for Water Resources and Infrastructural Development (former Deputy Minister of Rural Resources and Water Development), born 10.5.1945
    79. Sakupwanya, Stanley ZANU (PF) Politburo Deputy Secretary for Health and Child Welfare
    80. Samkange, Nelson Tapera Crispen Provincial Governor: Mashonaland West
    81. Sekeramayi, Sydney (a.k.a. Sidney) Tigere Minister of Defence, born 30.3.1944
    82. Shamu, Webster Minister of State for Policy Implementation in the President's Office, born 6.6.1945
    83. Shamuyarira, Nathan Marwirakuwa ZANU (PF) Politburo Secretary for Information and Publicity, born 29.9.1928
    84. Shiri, Perence Air Marshal (Air Force), born 1.11.1955
    85. Shumba, Isaiah Masvayamwando Deputy Minister of Education, Sports and Culture, born 3.1.1949
    86. Sibanda, Jabulani Chair, National War Veterans Association, born 31.12.1970
    87. Sibanda, Misheck Julius Mpande Cabinet Secretary (successor to No. 93 Charles Utete), born 3.5.1949
    88. Sibanda, Phillip Valerio (a.k.a. Valentine) Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956
    89. Sikosana, Absolom ZANU (PF) Politburo Secretary for Youth Affairs
    90. Stamps, Timothy Health Advisor in the Office of the President, born 15.10.1936
    91. Tawengwa, Solomon Chirume ZANU (PF) Politburo Deputy Secretary for Finance, born 15.6.1940
    92. Tungamirai, Josiah T. Minister of State for Indigenisation and Empowerment, Retired Air Marshall (former ZANU (PF) Politburo Secretary for Empowerment and Indigenisation), born 8.10.1948
    93. Utete, Charles Chairman of the Presidential Land Review Committee (former Cabinet Secretary), born 30.10.1938
    94. Zimonte, Paradzai Prisons Director, born 4.3.1947
    95. Zvinavashe, Vitalis Retired General (former Chief of Defence Staff), born 27.9.1943."



A. K. Galloway
Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 (S.I. 2002/1077) to give effect to the renewed and revised restrictive measures adopted by the European Union in Common Position 2004/161/CFSP and EC Regulation No.314/2004 on 19th February 2004. In particular, the list of persons subject to the travel ban and asset freeze has been increased from 79 to 95, and in addition to existing measures, the financing of military activities or of the sale or supply of arms and related materiel or equipment which might be used for internal repression is prohibited.


Notes:

[1] 1833 c. 85.back

[2] 1887 c. 54 and 1945 c. 7.back

[3] S.I. 2002/1077.back

[4] S.I. 2003/2764.back

[5] 2002 c. 28.back



ISBN 0 11 049186 6


  © Crown copyright 2004

Prepared 4 May 2004
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