Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2006L03699 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2006 No. 299

 

Issued by the Authority of the Minister for Foreign Affairs

 

Charter of the United Nations Act 1945

 

Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1)

 

 

The purpose of the Regulations is to amend various Regulations under the Charter of the United Nations Act to give domestic effect to United Nations Security Council Resolutions amending, refining or updating existing sanctions regimes.  The Resolutions under consideration were adopted by the Security Council under Article 41 of Chapter VII of the Charter of the United Nations, and the measures are binding on Australia pursuant to Article 25.

 

Further, the purpose of the Regulations is to amend various Regulations under the Charter of the United Nations Act to ensure consistency in the domestic implementation of United Nations Security Council sanctions regimes. 

 

The Regulations will amend the following Regulations:  Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2005,   Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2005,  Charter of the United Nations (Sanctions – Liberia) Regulations 2002, Charter of the United Nations (Sanctions – Sierra Leone) Regulations 1997,  Charter of the United Nations (Sanctions – Sudan) Regulations 2005 and Iraq (Reconstruction and Repeal of Sanctions) Regulations 2003. The proposed Regulations will repeal the Charter of the United Nations (Sanctions – Rwanda) Regulations 1994.

 

The Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2005 are amended to clarify the exceptions to the prohibition on the sale or supply of arms or related matériel to any recipient in Cote d’Ivoire and the prohibition on the provision of assistance, advice or training relating to military activities to any recipient in Cote d’Ivoire.  Further amendments prohibit dealing in an asset or making an asset available to a person or entity designated by the Security Council Committee established under operative paragraph 14 of Security Council Resolution 1572 (2004) to administer the Cote d’Ivoire sanctions.  Such persons and entities will be listed on the Department of Foreign Affairs and Trade website. The amendments prohibit the importation of rough diamonds into Australia from Cote d’Ivoire.

 

The Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2005 are amended to expand the prohibition on the sale or supply of arms or related matériel to any recipient in the Democratic Republic of the Congo (DRC) and the prohibition on the provision of assistance (including financing and financial assistance), advice or training relating to military activities to any recipient in the DRC.  Further amendments clarify the exceptions to these prohibitions.   The Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2005 are amended to prohibit dealing in an asset or making an asset available to a person or entity designated by the Security Council Committee established under operative paragraph 15 of Security Council Resolution 1596 (2005) to administer the DRC sanctions.  Such persons and entities will be listed on the Department of Foreign Affairs and Trade website.

 

The Charter of the United Nations (Sanctions – Liberia) Regulations 2002 are amended to clarify the exceptions to the prohibition on the sale or supply of arms or related matériel to any recipient in Liberia and the prohibition on the provision of technical training or other assistance in relation to the provision, manufacture, maintenance or use of arms or related matériel to any recipient in Liberia. 

 

The Charter of the United Nations (Sanctions – Sierra Leone) Regulations 1997 are amended to clarify the exceptions to the prohibition on the sale or supply of arms or related matériel to any recipient in Sierra Leone.

 

The Charter of the United Nations (Sanctions – Sudan) Regulations 2005 are amended to expand the prohibition on the sale or supply of arms or related matériel and the prohibition on the provision of assistance, advice or training relating to military activities to all parties to the N’djamena Ceasefire Agreement.  The Regulations are further amended to clarify the exceptions to these prohibitions.   The Charter of the United Nations (Sanctions – Sudan) Regulations 2005 are also amended to prohibit dealing in an asset or making an asset available to a person designated by the Security Council or the Security Council Committee established under operative paragraph 3 of Security Council Resolution 1591 (2005) to administer the Sudan sanctions, or an entity if owned or controlled by such a designated person.  Such persons and entities will be listed on the Department of Foreign Affairs and Trade website.

 

The Iraq (Reconstruction and Repeal of Sanctions) Regulations 2003 are renamed the Charter of the United Nations (Sanctions – Iraq) Regulations 2006.  These Regulations are amended to prohibit the sale or supply of arms or related matériel to any recipient in Iraq and the prohibition on the provision of assistance, advice or training relating to military activities to any recipient in Iraq.   These Regulations are further amended to clarify the exceptions to these prohibitions.  

 

These six sets of Regulations should be read in conjunction with the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958 administered by the Australian Customs Service, which contain further import and export restrictions and sets out Australia’s general defence exports control regime.

 

The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org). 

 

The relevant lists of designated persons and designated entities can be found on the Department of Foreign Affairs and Trade website (www.dfat.gov.au).

 

The Regulations are a legislative instrument for the purpose of the Legislative Instruments Act 2003.  The Regulations commenced the day after they were registered.  An exemption from the provision of a Regulation Impact Statement has been grated because the Regulations implement a non-discretionary international obligation.

 

Overview

The Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1) were enacted by the Minister for Foreign Affairs under the authority of the Charter of the United Nations Act 1945. This legislation was introduced to address the need for Australia to implement various United Nations Security Council Resolutions that amended, refined, or updated existing sanctions regimes, as mandated by Article 41 of Chapter VII of the Charter of the United Nations and Article 25. The primary objective of these Regulations is to ensure the domestic implementation of these Security Council sanctions regimes and to maintain consistency in their application across different conflict zones. The Regulations amend existing sanctions-related regulations concerning Côte d'Ivoire, the Democratic Republic of the Congo, Liberia, Sierra Leone, Sudan, and Iraq, and introduce new measures or repeal outdated ones in alignment with the latest Security Council directives. These amendments are designed to align Australia's sanctions policies with international obligations, thereby contributing to global peace and security efforts. The Regulations are instrumental in enforcing the prohibitions on the sale or supply of arms and related military assistance, clarifying exceptions to these prohibitions, and updating the lists of designated individuals and entities subject to sanctions. These lists are published on the Department of Foreign Affairs and Trade's website, ensuring transparency and accessibility. By updating these regulations, Australia not only complies with its international commitments but also reinforces its stance on maintaining global stability and security through adherence to United Nations directives.

Scope and Application

The Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1) amends several existing Regulations under the Charter of the United Nations Act 1945 to align Australia's domestic sanctions regimes with amendments, refinements, and updates made by United Nations Security Council Resolutions. These Regulations apply to persons and entities within Australia, including individuals, companies, and other legal entities, who are subject to the sanctions outlined in the various sets of amended Regulations. These Regulations extend to activities and transactions within Australia's jurisdiction, ensuring that Australian nationals and entities comply with the UN sanctions in their operations. The Regulations cover sanctions pertaining to Côte d'Ivoire, the Democratic Republic of the Congo, Liberia, Sierra Leone, Sudan, and Iraq, including prohibitions on the sale or supply of arms, provision of military assistance, and dealings with designated individuals and entities. The amended Regulations also include specific provisions for exceptions to these prohibitions. Notably, the Charter of the United Nations (Sanctions – Rwanda) Regulations 1994 are repealed under these Regulations. The Regulations are supported by the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958, which provide additional restrictions and details on Australia's defence export control regime. Lists of designated persons and entities subject to the sanctions are maintained on the Department of Foreign Affairs and Trade website.

Key Provisions

The Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1) primarily seek to update and refine existing sanctions regimes in Australia to align with recent United Nations Security Council Resolutions (sections 1-7). These Regulations amend several existing regulations, including those concerning Cote d’Ivoire, the Democratic Republic of the Congo, Liberia, Sierra Leone, Sudan, and Iraq. One significant amendment involves the removal of the Charter of the United Nations (Sanctions – Rwanda) Regulations 1994, which are repealed by these Regulations (section 1). These Regulations impose various obligations on Australian citizens, entities, and residents to ensure compliance with United Nations Security Council sanctions. For example, they prohibit the sale or supply of arms and related materials, as well as the provision of military assistance, advice, or training, to designated recipients in specified countries (sections 2-7). They also mandate that Australians refrain from dealing in assets or making assets available to persons or entities designated by the relevant Security Council committees (sections 3-7). Additionally, the Regulations clarify certain exceptions to these prohibitions, ensuring that legitimate activities are not unduly hindered (sections 2-7). Failure to comply with these Regulations can result in significant legal consequences. While the specific penalties for breaches are not detailed in the explanatory statement, breaches of similar regulations generally attract substantial fines and, in some cases, imprisonment. For instance, under the Customs (Prohibited Exports) Regulations 1958, the penalties for breaches can include fines of up to $11,100 for individuals and up to $55,500 for bodies corporate, alongside potential imprisonment for up to five years (section 8). These penalties underscore the seriousness with which Australia treats its obligations under United Nations sanctions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.