Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008

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. 4

Compilation date: 26 March 2026

Includes amendments: F2026L00298

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 26 March 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name of Regulations

4 Definitions

5 Definition of export sanctioned goods

6 Meaning of sanctioned service

7 Meaning of sanctioned supply

Part 2—UN sanction enforcement laws

8 Prohibitions relating to a sanctioned supply

9 Permit to make a sanctioned supply

10 Prohibitions relating to a sanctioned service

11 Permit to provide a sanctioned service

12 Prohibition relating to dealings with designated person or entity

13 Prohibition relating to controlled assets

14 Permit for assets and controlled assets

Part 3—Miscellaneous

15 Delegations by Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name of Regulations

  These Regulations are the Charter of the United Nations (Sanctions—Democratic Republic of the Congo) Regulations 2008.

4  Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including asset.

  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 or the Committee 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 (http://www.un.org).

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.

5  Definition of export sanctioned goods

  Export sanctioned goods means arms or related matériel.

6  Meaning of sanctioned service

 (1) A sanctioned service is the provision, to an entity or individual to which subregulation (2) applies, of assistance, advice or training to which subregulation (3) applies.

 (2) This subregulation applies to:

 (a) any non‑governmental entity; or

 (b) any individual (other than an official of the Government of the Democratic Republic of the Congo);

in the Democratic Republic of the Congo.

 (3) This subregulation applies to:

 (a) assistance, including financing and financial assistance; or

 (b) advice; or

 (c) training;

that relates to military activities.

7  Meaning 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:

 (i) any non‑governmental entity in the Democratic Republic of the Congo; or

 (ii) any individual (other than an official of the Government of the Democratic Republic of the Congo) in the Democratic Republic of the Congo.

Part 2—UN sanction enforcement laws

8  Prohibitions 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 (http://www.un.org).

 (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.

9  Permit 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:

 (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 intended solely for humanitarian or protective use;

 (e) another supply that has been approved in advance by the Committee.

 (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.

10  Prohibitions 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 (http://www.un.org).

 (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.

11  Permit 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:

 (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 consisting of technical assistance and training related to non‑lethal military equipment intended solely for humanitarian or protective use; and

 (d) another service consisting of assistance, or the provision of personnel, that has been approved in advance by the Committee.

 (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.

12  Prohibition 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.

13  Prohibition 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.

14  Permit 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

15  Delegations 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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history