Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008 (Cth)
Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008
Select Legislative Instrument No. 44, 2008
made under the
Charter of the United Nations Act 1945
Compilation No. 3
Compilation date: 24 August 2021
Includes amendments up to: F2021L01175
Registered: 7 September 2021
About this compilation
This compilation
This is a compilation of the Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008 that shows the text of the law as amended and in force on 24 August 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name of Regulations.......................................................................... 1
4............ Definitions.......................................................................................... 1
5............ Definition of export sanctioned goods............................................... 2
6............ Definition of sanctioned service......................................................... 2
7............ Definition of sanctioned supply......................................................... 2
Part 2—UN sanction enforcement laws 3
8............ Prohibitions relating to a sanctioned supply....................................... 3
9............ Permit to make a sanctioned supply................................................... 4
10.......... Prohibitions relating to a sanctioned service...................................... 5
11.......... Permit to provide a sanctioned service............................................... 6
12.......... Prohibition relating to dealings with designated person or entity...... 6
13.......... Prohibition relating to controlled assets............................................. 7
14.......... Permit for assets and controlled assets............................................... 7
Part 3—Miscellaneous 9
15.......... Delegations by Minister..................................................................... 9
Endnotes10
Endnote 1—About the endnotes 10
Endnote 2—Abbreviation key 11
Endnote 3—Legislation history 12
Endnote 4—Amendment history 13
Part 1—Preliminary
1Name of Regulations
These Regulations are the Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008.
4Definitions
In these Regulations:
Act means the Charter of the United Nations Act 1945.
arms or related matériel includes the following:
(a)weapons;
(b)ammunition;
(c)military vehicles and equipment;
(d)paramilitary equipment;
(e)spare parts for the things mentioned in paragraphs (a) to (d).
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
Committee means the Committee established under paragraph 8 of Resolution 1533.
controlled asset means an asset that is owned or controlled, directly or indirectly, by:
(a)a designated person or entity; or
(b)a person or entity acting on behalf of, or at the direction of, a designated person or entity.
designated person or entity means a person or entity that:
(a)the Committee designates for paragraph 11 of Resolution 1807; or
(b)the Security Council decides is subject to the asset freeze measures relating to the Democratic Republic of the Congo.
Note:The list of designated persons and entities maintained by the Committee could in 2021 be viewed on the United Nations’ website (
export sanctioned goods has the meaning given by regulation 5.
MONUSCO means the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo.
paramilitary equipment means any of the following:
(a)batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b)body armour, including:
(i)bullet‑resistant apparel; and
(ii)bullet‑resistant pads; and
(iii)protective helmets;
(c)handcuffs, leg irons and other devices used for restraining prisoners;
(d)riot protection shields;
(e)whips.
protective clothing includes flak jackets and military helmets.
resolution means a resolution adopted by the Security Council.
Resolution 1533 means Resolution 1533 (2004) of the Security Council, adopted on 12 March 2004.
Resolution 1807 means Resolution 1807 (2008) of the Security Council, adopted on 31 March 2008.
sanctioned service has the meaning given by regulation 6.
sanctioned supply has the meaning given by regulation 7.
Note:The following expressions used in these Regulations are defined in the Act:
(a) asset;
(b) UN sanction enforcement law.
5Definition of export sanctioned goods
Export sanctioned goods means arms or related matériel.
6Definition of sanctioned service
Sanctioned service means the provision, to any person in the Democratic Republic of the Congo, of any of the following, in relation to military activities:
(a)assistance, including financing and financial assistance;
(b)advice or training.
7Definition of sanctioned supply
A person makes a sanctioned supply if:
(a)the person supplies, sells or transfers goods to another person; and
(b)the goods are export sanctioned goods; and
(c)as a direct or indirect result of the supply, sale or transfer, the goods are transferred to the Democratic Republic of the Congo.
Part 2—UN sanction enforcement laws
8Prohibitions relating to a sanctioned supply
(1)A person contravenes this subregulation if:
(a)the person makes a sanctioned supply; and
(b)the sanctioned supply is not an authorised supply under subregulation (6).
(2)For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 9.
(3)A person contravenes this subregulation if:
(a)the person (whether or not in Australia, and whether or not an Australian citizen) uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply; and
(b)the sanctioned supply is not an authorised supply under subregulation (6).
(4)A body corporate contravenes this subregulation if:
(a)the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b)the other body corporate or entity makes a sanctioned supply; and
(c)the sanctioned supply is not an authorised supply under subregulation (6).
(5)Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1), (3) or (4).
Note:Subregulation (5) has the effect that the offence has extraterritorial operation.
(6)An authorised supply is a sanctioned supply that is authorised by:
(a)a permit under regulation 9; or
(b)for a supply, sale or transfer in or from a foreign country—a permit:
(i)granted by the foreign country; and
(ii)properly granted by the foreign country; and
(iii)granted in accordance with the foreign country’s obligations under resolutions relating to the Democratic Republic of the Congo, as existing from time to time.
Note:Resolutions relating to the Democratic Republic of the Congo could in 2021 be viewed on the United Nations’ website (
(7)A defendant to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note:See section 13.3 of the Criminal Code.
(8)For an offence under section 27 of the Act that relates to subregulation (1), (3) or (4), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a)false or misleading information provided by any person; or
(b)corrupt conduct by any person.
Note:This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
9Permit to make a sanctioned supply
(1)A person may apply to the Minister for a permit to make a sanctioned supply.
(2)The Minister may grant the permit only if the supply is one of the following:
(a)a supply:
(i)made to the Government of the Democratic Republic of the Congo; and
(ii)for which the Minister has given the Committee advance notice in accordance with subregulation (3);
(b)a supply intended solely for the support of, or use by, MONUSCO or the African Union‑Regional Task Force;
(c)a supply of protective clothing temporarily exported to the Democratic Republic of the Congo by any of the following, for their personal use only:
(i)a member of the personnel of the United Nations;
(ii)a representative of the media;
(iii)a humanitarian or development worker;
(iv)a person associated with a person mentioned in subparagraphs (i) to (iii);
(d)a supply of non‑lethal military equipment:
(i)intended solely for humanitarian or protective use; and
(ii)for which the Minister has given the Committee advance notice in accordance with subregulation (3);
(e)another supply that has been approved in advance by the Committee.
(3)For subparagraphs (2)(a)(ii) and (d)(ii), the notice must contain all relevant information about the supply, in accordance with the following:
(a)resolutions relating to the Democratic Republic of the Congo, as existing from time to time;
(b)the Guidelines of the Committee for the Conduct of its Work, as in force from time to time.
Note:Resolutions relating to the Democratic Republic of the Congo, and the Guidelines, could in 2021 be viewed on the United Nations’ website (
(4)The permit is subject to any conditions specified in the permit.
Note:Section 13A of the Act applies to a permit granted under this regulation.
10Prohibitions relating to a sanctioned service
(1)A person contravenes this subregulation if:
(a)the person provides a sanctioned service; and
(b)the sanctioned service is not an authorised service under subregulation (6).
(2)For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under regulation 11.
(3)A person contravenes this subregulation if:
(a)the person (whether or not in Australia, and whether or not an Australian citizen) uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and
(b)the sanctioned service is not an authorised service under subregulation (6).
(4)A body corporate contravenes this subregulation if:
(a)the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b)the other body corporate or entity provides a sanctioned service; and
(c)the sanctioned service is not an authorised service under subregulation (6).
(5)Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1), (3) or (4).
Note:Subregulation (5) has the effect that the offence has extraterritorial operation.
(6)An authorised service is a sanctioned service that is authorised by:
(a)a permit under regulation 11; or
(b)for a service provided in a foreign country—a permit:
(i)granted by the foreign country; and
(ii)properly granted by the foreign country; and
(iii)granted in accordance with the foreign country’s obligations under resolutions relating to the Democratic Republic of the Congo, as existing from time to time.
Note:Resolutions relating to the Democratic Republic of the Congo could in 2021 be viewed on the United Nations’ website (
(7)A defendant to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note:See section 13.3 of the Criminal Code.
(8)For an offence under section 27 of the Act that relates to subregulation (1), (3) or (4), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a)false or misleading information provided by any person; or
(b)corrupt conduct by any person.
Note:This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11Permit to provide a sanctioned service
(1)A person may apply to the Minister for a permit to provide a sanctioned service.
(2)The Minister may grant the permit only if the sanctioned service is one of the following:
(a)a service:
(i)provided to the Government of the Democratic Republic of the Congo; and
(ii)for which the Minister has given the Committee advance notice in accordance with subregulation (3);
(b)a service consisting of assistance, advice or training intended solely for the support of, or use by, MONUSCO or the African Union‑Regional Task Force;
(c)a service:
(i)consisting of technical assistance and training related to non‑lethal military equipment intended solely for humanitarian or protective use; and
(ii)for which the Minister has given the Committee advance notice in accordance with subregulation (3);
(d)another service consisting of assistance, or the provision of personnel, that has been approved in advance by the Committee.
(3)For subparagraphs (2)(a)(ii) and (c)(ii), the notice must contain all relevant information about the service, in accordance with the following:
(a)resolutions relating to the Democratic Republic of the Congo, as existing from time to time;
(b)the Guidelines of the Committee for the Conduct of its Work, as in force from time to time.
Note:Resolutions relating to the Democratic Republic of the Congo, and the Guidelines, could in 2021 be viewed on the United Nations’ website (
(4)The permit is subject to any conditions specified in the permit.
Note:Section 13A of the Act applies to a permit granted under this regulation.
12Prohibition relating to dealings with designated person or entity
(1)A person contravenes this subregulation if:
(a)the person directly or indirectly makes an asset available to, or for the benefit of a designated person or entity; and
(b)the making available of the asset is not authorised by a permit under regulation 14.
(2)For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.
(3)Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note 1:Subregulation (3) has the effect that the offence has extraterritorial operation.
Note 2:This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
13Prohibition relating to controlled assets
(1)A person contravenes this subregulation if:
(a)the person holds a controlled asset; and
(b)the person:
(i)uses or deals with the asset; or
(ii)allows the asset to be used or dealt with; or
(iii)facilitates the use of the asset or dealing with the asset; and
(c)the use or dealing is not authorised by a permit under regulation 14.
(2)For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the use or dealing is not authorised by a permit under regulation 14.
(3)Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note 1:Subregulation (3) has the effect that the offence has extraterritorial operation.
Note 2:This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
14Permit for assets and controlled assets
(1)A person may apply to the Minister for a permit authorising:
(a)the making available of an asset that would otherwise contravene subregulation 12(1); or
(b)a use of, or dealing with, a controlled asset that would otherwise contravene subregulation 13(1).
(2)The application must be for one of the following:
(a)a basic expense dealing;
(b)a legally required dealing;
(c)an extraordinary expense dealing.
Note:For the definitions of basic expense dealing, legally required dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.
(3)The application must state which kind of dealing the application is for.
(4)If the application is for a basic expense dealing, the Minister:
(a)must give the Committee notice of the application; and
(b)may grant the permit only if the Committee does not make a negative decision in relation to the application within 4 working days after the notice is given.
(5)If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application.
(6)If the application is for an extraordinary expense dealing, the Minister:
(a)must give the Committee notice of the application; and
(b)may grant the permit only with the Committee’s approval.
(7)The permit is subject to any conditions specified in the permit.
Note 1:Section 13A of the Act applies to a permit granted by the Minister under this regulation.
Note 2:Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulations.
Part 3—Miscellaneous
15Delegations by Minister
(1)The Minister may delegate the Minister’s powers and functions under these Regulations (other than this power of delegation) to:
(a)the Secretary of the Department; or
(b)an SES employee, or acting SES employee, in the Department.
(2)The delegation must be in writing.
(3)The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 2008 No 44 | 11 Apr 2008 (F2008L01031) | 12 Apr 2008 | |
| 2011 No 65 | 17 May 2011 (F2011L00788) | 18 May 2011 | — |
| 123, 2014 | 26 Aug 2014 (F2014L01131) | Sch 1 (items 13–29): 27 Aug 2014 (s 2) | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Charter of the United Nations Legislation Amendment (2021 Measures No. 1) Regulations 2021 | 23 Aug 2021 (F2021L01175) | Sch 1 (items 10–21): 24 Aug 2021 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| r 2............................................. | rep LA s 48D |
| r 3............................................. | rep No 123.2014 |
| r 4............................................. | am No 123, 2014; F2021L01175 |
| r 5............................................. | rs No 123, 2014 |
| r 6............................................. | rs No 123, 2014 |
| r 7............................................. | rs No 123, 2014 |
| Part 2 | |
| r 8............................................. | rs No 123, 2014 |
| am F2021L01175 | |
| r 9............................................. | rs No 123, 2014 |
| am F2021L01175 | |
| r 10............................................ | rs No 123, 2014 |
| am F2021L01175 | |
| r 11............................................ | rs No 123, 2014 |
| am F2021L01175 | |
| r 12............................................ | am No 123, 2014 |
| r 13............................................ | am No 123, 2014 |
| r 14............................................ | am No 123, 2014 |
| Part 3 | |
| Part 3......................................... | ad 2011 No 65 |
| r 15............................................ | ad 2011 No 65 |
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