Charter of the United Nations (Sanctions Angola) Regulations 1994 (Cth)

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Charter of the United Nations (Sanctions — Angola) Regulations 1994

Statutory Rules 1994 No. 156 as amended

made under the

Charter of the United Nations Act 1945

This compilation was prepared on 27 February 2003

taking into account amendments up to SR 2003 No. 21

[Note: These Regulations were repealed by SR 2003 No. 21]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Charter of the United Nations (Sanctions — Angola) Regulations 1994.

1AObject

 The object of these Regulations is to assist in giving effect to resolutions of the Security Council of the United Nation, by preventing:

  • (a)

    the supply of military and similar goods, petroleum and petroleum products to UNITA; and

  • (b)

    flights of aircraft by or for UNITA; and

  • (c)

    the supply of any aircraft, or aircraft components, to UNITA; and

  • (d)

    the insurance, engineering and servicing of UNITA aircraft; and

  • (e)

    the supply of equipment used in mining or mining services to a place in Angola; and

  • (f)

    the supply of motorised vehicles or watercraft, or spare parts for those vehicles, to a place in Angola.

2Interpretation

 In these Regulations, unless the contrary intention appears:

petroleum means:

  • (a)

    a naturally occurring hydrocarbon in a gaseous, liquid or solid state; or

  • (b)

    a naturally occurring mixture of hydrocarbons in a gaseous, liquid or solid state; or

  • (c)

    a naturally occurring mixture of a hydrocarbon, or hydrocarbons, in a gaseous, liquid or solid state and one or more of the following:

    • (i)

      hydrogen sulphate;

    • (ii)

      nitrogen;

    • (iii)

      helium;

    • (iv)

      carbon dioxide.

petroleum product means:

  • (a)

    a hydrocarbon, or mixture of hydrocarbons, produced:

    • (i)

      by subjecting petroleum to a process of refining; or

    • (ii)

      from a naturally occurring mineral from which any hydrocarbon, whether in the gaseous, liquid or solid state, may be produced; or

  • (b)

    a mixture of a hydrocarbon or hydrocarbons so produced with one or more other substances.

prescribed entry point means a place in Angola specified in Schedule 1.

Resolution 1127 means Resolution 1127 (1997) of the Security Council of the United Nations, as affected by Resolutions 1130 (1997), 1135 (1997) and 1173 (1998).

UNITA means União Nacional para a Independência Total de Angola.

3Prohibition on supplying mining equipment and motorised vehicles

A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, supply an item mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 to a person if the item is to be delivered to a place in Angola.

Penalty:   50 penalty units.

4Prohibition on supplying certain goods within Angola
  • (1)

    A citizen of Australia who is outside Australia must not, intentionally or recklessly, supply to a person goods specified in Schedule 2; if:

    • (a)

      the goods are to be delivered to a place in Angola; and

    • (b)

      the first place in Angola at which the goods are to be delivered is not a prescribed entry point.

    Penalty:   50 penalty units.

5Flights by certain aircraft
  • (1)

    A person in Australia must not permit, or purport to permit, an aircraft to take off from, or land in, Australia if the aircraft is destined to land at, or has taken off from, a place, in the territory of Angola other than a place nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).

  • (2)

    Subregulation (1) does not apply to action in response to a medical emergency, or flights carrying food, medicine or other supplies essential for humanitarian needs approved, under paragraph 5 of Resolution 1127, by the Committee established under Resolution 864 (1993).

    Penalty:   50 penalty units.

6Prohibition of certain transactions relating to aircraft
  • (1)

    A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, enter into, or continue to engage in, an arrangement with a person:

    • (a)

      to make available for operation within Angola an aircraft; or

    • (b)

      to make available for use within Angola a component of an aircraft; or

    • (c)

      to provide engineering or maintenance servicing of:

      • (i)

        an aircraft registered under a law of Angola; or

      • (ii)

        a component of such an aircraft; or

    • (d)

      to provide a certificate of airworthiness for an aircraft registered under a law of Angola; or

    • (e)

      to pay an insurance claim made after the commencement of these Regulations in relation to an aircraft registered under a law of Angola; or

    (f)to provide new, or renewed, direct insurance of an aircraft registered under a law of Angola.

    Penalty:   50 penalty units.

  • (2)

    Subregulation (1) does not apply:

    • (a)

      for paragraphs (a) and (b) — to provision of an aircraft, or aircraft component, through a point of entry nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993); or

    • (b)

      for paragraphs (c), (d), (e) and (f) — to provision of a service or thing in relation to an aircraft:

      • (i)

        that has entered Angola through a point of entry that is a place described in subregulation 5 (1); or

      • (ii)

        nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).

7Restriction on use of Australian aircraft and ships
  • (1)

    This regulation applies to a person who is:

    • (a)

      the owner, pilot in command or operator of an aircraft registered in Australia under the Civil Aviation Act 1988; or

    • (b)

      the owner, master or operator of a ship registered in Australia under the Shipping Registration Act 1981.

  • (2)

    The person must not, intentionally or recklessly, allow the aircraft or ship to be used within or outside Australia:

    • (a)

      in relation to a matter proscribed by paragraph 6 (1) (a), (b) or (c); or

    • (b)

      to supply to a person goods mentioned in Schedule 2 if:

      • (i)

        the goods are to be delivered to a place in Angola; and

      • (ii)

        the first place in Angola at which the goods are to be delivered is not a prescribed entry point; or

    • (c)

      to supply to a person an item mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 if the item is to be delivered to a place in Angola mentioned in Schedule 3.

    Penalty:   50 penalty units.

Schedule 1Prescribed entry points

(regulation 2)

  

Column 1 Item

Column 2

Places in Angola

1

The airport at Luanda

2

The airport at Katumbela in Benguela Province

3

The port at Luanda

4

The port at Lobito in Benguela Province

5

The port at Namibe in Namibe Province

6

Malongo in Cabinda Province

Schedule 2Goods to which regulation 4 applies

(regulation 4)

  

Column 1 Item

Column 2

Goods

1

Goods of a kind to which regulation 13E of the Customs (Prohibited Exports) Regulations applies

2

Parts designed for goods referred to in Item 1

3

Petroleum and petroleum products

Schedule 3Places to which state administration has not been extended

(regulation 7)

Part1Municipalities in the Province of Bie

1

Andulo

2

Cuemba

3

Nharea

Part2Communities in the Province of Bie

4

Cassumbe

5

Chivaulo

6

Umpulo

7

Ringoma

8

Luando

9

Sachinemuna

10

Gamba

11

Dando

12

Calussinga

13

Munhango

14

Lubia

15

Caleie

16

Belo Horizonte

Part3Community in the Province of Cunene

17

Cubati-Cachueca

Part4Municipalities in the Province of Huambo

18

Bailundo

19

Mungo

Part5Communities in the Province of Huambo

20

Bimbe

21

Hungue-Calulo

22

Lungue

23

Luvemba

24

Cambuengo

Part6Communities in the Province of K. Kubango

25

Longa

26

Lulana

27

Luengue

Part7Communities in the Province of Malange

28

Dumba-Kabango

29

Quitapa

30

Tala-Mungongo

31

Bembo

32

Caribo

33

Culamagia

34

Bange-Angola

35

Milando

36

Capunga

37

Cunga-Palanga

38

Dombo

39

Quibango

40

Rimba

41

Bangala

42

Moma

43

Sautar

Part8Municipality in the Province of Moxico

44

Cangamba

Part9Communities in the Province of Moxico

45

Lovua

46

Mussuma

47

Sessa

48

Cachipoque

49

Cangombe

50

Cassamba

51

Muie

52

Caianda

53

Ninda

54

Chiume

55

Lutembo

56

Giambe

57

Tempue

58

Luvuei

59

Candundo

60

Macondo

61

Sandando

62

Muangai

Part10Communities in the Province of Uige

63

Massau

64

Macola

65

Cuilo-Camboso

66

Alto-Zaza

67

Cuango

68

Icoca

Notes to the Charter of the United Nations (SanctionsAngola) Regulations 1994

Note 1

The Charter of the United Nations (Sanctions — Angola) Regulations 1994 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 1994 No. 156 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of

notification in

Gazette

Date of

commencement

Application, saving or

transitional provisions

1994 No. 156

8 June 1994

8 June 1994

1997 No. 392

24 Dec 1997

24 Dec 1997

—

1999 No. 207

16 Sept 1999

16 Sept 1999

—

2002 No. 37

7 Mar 2002

7 Mar 2002

—

as amended by

27 Feb 2003

2003 No. 21

27 Feb 2003

27 Feb 2003

—

2003 No. 21

27 Feb 2003

27 Feb 2003

—

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

rs. 1999 No. 207

R. 1A.......................................

ad. 1997 No. 392

am. 1999 No. 207

R. 2.........................................

am. 1997 No. 392; 1999 No. 207

R. 3.........................................

rep. 1997 No. 392

ad. 1999 No. 207

rs. 2002 No. 37 (as am. by 2003 No. 21)

R. 4.........................................

am. 1997 No. 392

rs. 2002 No. 37 (as am. by 2003 No. 21)

R. 5.........................................

ad. 1997 No. 392

am. 2002 No. 37 (as am. by 2003 No. 21)

R. 6.........................................

ad. 1997 No. 392

am. 2002 No. 37 (as am. by 2003 No. 21)

R. 7.........................................

ad. 1997 No. 392

rs. 1999 No. 207

am. 2002 No. 37

Schedule 2.............................

am. 1997 No. 392

Schedule 3.............................

ad. 1999 No. 207

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