Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No.1) 1999 No. 207
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 207
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No. 1)
Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the Governor-General may make regulations for, and in relation to, giving effect to decisions that:
(a) the Security Council has made under Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires Australia to carry out;
in so far as those decisions require Australia to apply measures not involving the use of armed force.
On 12 June 1998 the United Nations Security Council decided in Resolution 1173 to prohibit the direct or indirect sale and supply of equipment used in mining or mining services, motorised vehicles, watercraft or spare parts for motorised vehicles or watercraft to areas of Angola to which State administration has not been extended. The resolution also obliges states to prohibit the import into their territories of diamonds not controlled through the Certificate of Origin regime of the Government of Unity and National Reconciliation. The resolution further obliges states to freeze all funds and financial resources within their own territories of the National Union for the Total Independence of Angola (UNITA) as an organisation or of senior officials of UNITA or adult members of their immediate families as designated pursuant to paragraph 11 of Security Council Resolution 1127 (1997).
The purpose of the amendments to the Charter of the United Nations (Sanctions -Angola) Regulations is to implement Australia's obligations under resolution 1173, in combination with amendments to the Customs (Prohibited Exports) Regulations, Customs (Prohibited Imports) Regulations and by notice under the Banking (Foreign Exchange) Regulations.
Details of the proposed Amending Regulations are as follows:
Amending Regulation 1 states the name of the regulations;
Amending Regulation 2 states that the Regulations commence on gazettal; and,
Amending Regulation 3 states that Schedule 1 to the Regulations amends the Charter of the United Nations (Sanctions -Angola) Regulations.
Schedule 1 sets out the Amendments as follows:
Item 1 states the name of the Regulations;
Item 2 makes a minor change to the wording of paragraph 1A(d);
Item 3 adds the prohibition on sale or supply of mining equipment and motorised vehicles, watercraft or spare parts for these;
Item 4 updates the definition of resolution 1127 to include resolutions 1135 and 1173;
Item 5 inserts a new regulation 3 which prohibits a person in Australia or a citizen of Australia from supplying a prohibited export to Angola;
Item 6 rephrases and clarifies the prohibition in Regulation 7 on using Australian aircraft or ships to deliver prohibited exports to Angola; and
Item 7 inserts a new Schedule 3 which lists places to which state administration has not been The purpose of the amendments to the Charter of the United Nations (Sanctions-Angola) Regulations is to implement these obligations by prohibiting the sale and supply of equipment used in mining or mining services, and of motorised vehicles, watercraft or spare parts for motorised vehicles or watercraft to areas of Angola to which State administration has not been extended.
The Amending Regulations commence on gazettal.
Overview
The Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No. 1) 1999, issued under the authority of the Minister for Foreign Affairs, were enacted to align Australia's domestic law with the United Nations Security Council Resolution 1173. This resolution, adopted on 12 June 1998, imposed sanctions on Angola aimed at curbing the activities of the National Union for the Total Independence of Angola (UNITA) by prohibiting the sale and supply of certain equipment and goods, as well as freezing the financial resources of UNITA and its senior officials. The regulations were made pursuant to section 6 of the Charter of the United Nations Act 1945, empowering the Governor-General to create regulations to give effect to Security Council decisions under Chapter VII of the United Nations Charter. The policy objective of these amendments is to enforce Australia's international obligations under the resolution by implementing the specified sanctions within Australian jurisdiction.
Scope and Application
The Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No. 1) 1999 No. 207, made under the authority of the Minister for Foreign Affairs, serves to implement Australia's obligations as outlined in United Nations Security Council Resolution 1173. These Regulations apply to individuals and entities within Australia, enforcing prohibitions on the sale and supply of mining equipment and related services, as well as motorised vehicles, watercraft, and spare parts to specific regions of Angola. Additionally, the Regulations mandate the prohibition of importing uncertified Angolan diamonds into Australia and require the freezing of financial resources associated with UNITA and its officials. The Regulations are intended to ensure compliance with international sanctions aimed at curbing conflict and promoting peace in Angola. They extend to all persons and entities within Australia, encompassing both domestic and international transactions related to the specified sanctions. The Regulations are effective immediately upon their gazettal, and they work in conjunction with other regulations such as those under the Customs Act and the Banking Act to enforce these sanctions comprehensively.
Key Provisions
The Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No. 1) 1999 No. 207, under the Charter of the United Nations Act 1945, establish regulations to enforce United Nations Security Council Resolution 1173. The Act, specifically Section 6, allows the Governor-General to create regulations that implement decisions made under Chapter VII of the Charter of the United Nations and required by Article 25 of the Charter. Resolution 1173 prohibits the sale and supply of mining equipment, motorised vehicles, watercraft, or spare parts for these items to areas of Angola where state administration is not present. It also requires states to prohibit the import of Angolan diamonds not controlled through the Certificate of Origin regime and to freeze the funds and financial resources of the National Union for the Total Independence of Angola (UNITA) within their territories.
The Regulations impose specific obligations on parties within Australia. They mandate the prohibition of the sale or supply of mining equipment and motorised vehicles, watercraft, or spare parts for these to Angolan regions without state administration, as per Resolution 1173. This includes prohibiting Australian citizens or persons in Australia from supplying these items to Angola. The Regulations also require the freezing of financial resources of UNITA and its officials, as designated by Security Council Resolution 1127 (1997), Resolution 1135, and Resolution 1173. Additionally, the Regulations prohibit the use of Australian aircraft or ships to deliver these prohibited exports to Angola.
The Regulations outline specific offences and penalties for breaches. Violators of these provisions may face civil and criminal consequences. For example, supplying prohibited exports to Angola can result in significant fines and imprisonment. The maximum penalties for breaches depend on the specific offence and the jurisdiction in which the breach occurs. The precise penalties are not detailed in the explanatory statement but would typically be outlined in the relevant legislative provisions or associated acts. Compliance with these Regulations is essential to avoid legal repercussions.