Charter of the United Nations (Sanctions - Angola) Regulations (Amendment)

Overview

The Charter of the United Nations (Sanctions-Angola) Regulations (Amendment) 1997 No. 392, issued under the authority of the Minister of Foreign Affairs, was enacted to give effect to the decisions made by the United Nations Security Council through its Resolution 1135 of 29 October 1997. This legislative amendment was introduced to address the ongoing conflict in Angola, specifically targeting the Uniao Nacional para a Independencia Total de Angola (UNITA), by imposing further sanctions. The underlying problem it aimed to address was the lack of significant progress in the peace process between UNITA and the Government of Angola, as well as UNITA's failure to comply with its obligations under the Lusaka Protocol. The policy objective was to align Australian actions with the United Nations' measures to promote peace and stability in Angola, ensuring compliance with international obligations under Article 25 of the Charter of the United Nations.

Scope and Application

The Charter of the United Nations (Sanctions-Angola) Regulations (Amendment) 1997 No. 392 applies to any person or entity within Australia and to any Australian citizen or permanent resident wherever they are located. The regulations are designed to give effect to the United Nations Security Council Resolution 1135, which imposed further sanctions against the Uniao Nacional para a Independencia Total de Angola (UNITA). These sanctions were a response to the lack of progress in the Angolan peace process and UNITA's failure to comply with the Lusaka Protocol. The amendment to the regulations extends the scope of sanctions to include prohibitions on flights by or for UNITA, the supply of aircraft or aircraft components to UNITA, and the insurance, engineering, or servicing of UNITA aircraft. This regulation is intended to supplement other legislative measures already in place by addressing specific areas that were not covered under existing laws.

Key Provisions

The main operative sections of the Charter of the United Nations (Sanctions-Angola) Regulations (Amendment) 1997 No. 392 (the "Amendment") require the implementation of further sanctions against UNITA as decided by the United Nations Security Council. Section 3 of the Amendment introduces a prohibition on flights of aircraft by or for UNITA, Section 4 prohibits the supply of aircraft or aircraft components to UNITA, and Section 5 prohibits insurance, engineering, and servicing of UNITA aircraft. These sections provide the framework for Australia to comply with the United Nations Security Council Resolution 1135. The regulations reflect the need to enforce travel restrictions on senior UNITA officials and adult members of their families, to close overseas UNITA offices, and to prohibit flights of aircraft or supply of aircraft components or engineering or servicing of UNITA aircraft. The Amendment imposes several obligations on parties and entities governed by the Act. Firstly, it requires individuals and businesses to refrain from engaging in any activities that involve flights of aircraft by or for UNITA, including the supply of aircraft or aircraft components. This includes ensuring that no aircraft are provided to UNITA and that no services related to aircraft are rendered to UNITA. Additionally, the regulations mandate that any insurance, engineering, or servicing of UNITA aircraft is strictly prohibited. These obligations are intended to prevent the provision of support to UNITA, thereby enforcing the sanctions imposed by the United Nations Security Council. The Amendment also outlines specific consequences for breaches of the regulations. Section 6 of the Amendment stipulates that any person who contravenes the regulations is liable to criminal penalties. The maximum penalty for an individual is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. For a body corporate, the maximum penalty is a fine of up to 50,000 penalty units. These penalties reflect the seriousness of breaching international sanctions and the need to enforce compliance with the United Nations Security Council's decisions. Failure to adhere to the regulations can result in significant legal repercussions, both for individuals and corporate entities.