Charter of the United Nations (Sanctions — Eritrea) Regulations 2010

Charter of the United Nations (Sanctions—Eritrea) Regulations 2010

Select Legislative Instrument No. 32, 2010 as amended

made under the

Charter of the United Nations Act 1945

Compilation start date:   18 May 2013

Includes amendments up to: SLI No. 72, 2013

About this compilation

The compiled instrument

This is a compilation of the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010 as amended and in force on 18 May 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 24 June 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

Part 1—Preliminary

1 Name of Regulations

2 Commencement

3 Definitions

4 Prohibited supply to designated person or entity

5 Prohibited service to designated person or entity

6 Sanctioned supply

7 Sanctioned service

Part 2—UN sanction enforcement laws

8 Prohibition of sanctioned supply

8A Permit to make sanctioned supply

9 Prohibition of procuring import sanctioned goods

10 Prohibition relating to sanctioned service

11 Prohibition of prohibited supply or prohibited service to designated person or entity

12 Prohibition of dealing with designated persons or entities

13 Prohibition of dealing with controlled assets

14 Permit for assets or controlled assets

Part 3—Miscellaneous

15 Delegations by Minister

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

Part 1—Preliminary

1  Name of Regulations

  These Regulations are the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010.

2  Commencement

  These Regulations commence on the day after they are registered.

3  Definitions

  In these Regulations:

Act means the Charter of the United Nations Act 1945.

arms or related materiel includes:

 (a) weapons; and

 (b) ammunition; and

 (c) military vehicles and equipment; and

 (d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

 (e) paramilitary equipment.

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 Resolution 751 and expanded by Resolution 1844 and Resolution 1907.

controlled asset means an asset that is owned or controlled by a designated person or entity.

designated person or entity means a person or entity designated by the Committee or the Security Council of the United Nations for paragraph 15 of Resolution 1907.

export sanctioned goods means arms or related matériel.

import sanctioned goods means arms or related matériel.

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;

 (f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

prohibited service to a designated person or entity has the meaning given by regulation 5.

prohibited supply to a designated person or entity has the meaning given by regulation 4.

Resolution 751 means Resolution 751 (1992) of the Security Council of the United Nations, adopted on 24 April 1992.

Resolution 1844 means Resolution 1844 (2008) of the Security Council of the United Nations, adopted on 20 November 2008.

Resolution 1907 means Resolution 1907 (2009) of the Security Council of the United Nations, adopted on 23 December 2009.

Resolution 2060 means Resolution 2060 (2012) of the Security Council of the United Nations, adopted on 25 July 2012.

sanctioned service has the meaning given in regulation 7.

sanctioned supply has the meaning given in regulation 6.

working day means a day that is not a Saturday, Sunday or public holiday.

4  Prohibited supply to designated person or entity

  For these Regulations, a person makes a prohibited supply to a designated person or entity if the person supplies, sells or transfers export sanctioned goods:

 (a) to a designated person or entity; or

 (b) to a person who is not a designated person or entity and, as a direct or indirect result of the supply, sale or transfer the goods are transferred to a designated person or entity.

5  Prohibited service to designated person or entity

  For these Regulations, prohibited service to a designated person or entity means the direct or indirect provision to a designated person or entity of technical assistance or training, or financial or other assistance, including investment, brokering or other financial services, related to:

 (a) military activities; or

 (b) the supply, sale, transfer, manufacture, maintenance or use of export sanctioned goods.

6  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 Eritrea.

7  Sanctioned service

  For these Regulations, a sanctioned service is technical assistance or training, or financial or other assistance, including investment, brokering or other financial services, related to:

 (a) military activities; or

 (b) the supply, sale, transfer, manufacture, maintenance or use of export sanctioned goods.

Part 2—UN sanction enforcement laws

8  Prohibition of sanctioned supply

 (1) A person contravenes this regulation if:

 (a) the person makes a sanctioned supply; and

 (b) the sanctioned supply is not an authorised supply.

 (2) Strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 8A.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if:

 (a) the person 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.

 (4) A body corporate contravenes this regulation 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.

 (5) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).

Note: Subregulation (5) has the effect that the offence has extraterritorial operation.

 (6) For this regulation:

authorised supply means a sanctioned supply that is authorised by:

 (a) a permit under regulation 8A; or

 (b) if the supply, sale or transfer takes place 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 a way that accords with the foreign country’s obligations under Resolution 1907 and Resolution 2060.

 (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 (b)(i) of the definition of authorised supply in subregulation (6).

 (8) For paragraph (b) of the definition of authorised supply in subregulation (6), the permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.

Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

8A  Permit to make sanctioned supply

 (1) The Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.

Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.

 (2) The Minister may grant the permit only if the sanctioned supply:

 (a) is a supply of protective clothing that is temporarily exported to Eritrea for the personal use of:

 (i) a member of the personnel of the United Nations; or

 (ii) a representative of the media; or

 (iii) a humanitarian or development worker or an associated person; or

 (b) is a supply of non‑lethal military equipment that:

 (i) is intended solely for humanitarian or protective use; and

 (ii) is approved in advance by the Committee.

 (3) The permit is subject to any conditions specified in the permit.

9  Prohibition of procuring import sanctioned goods

 (1) A person contravenes this regulation if the person procures import sanctioned goods from Eritrea or from a person or entity in Eritrea.

 (2) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person 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.

 (3) A body corporate contravenes this regulation 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 procures import sanctioned goods from Eritrea or from a person or entity in Eritrea.

 (4) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.

Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

10  Prohibition relating to sanctioned service

 (1) A person contravenes this regulation if:

 (a) the person provides a sanctioned service to:

 (i) Eritrea; or

 (ii) a person or entity in Eritrea; and

 (b) the service is not provided in relation to an authorised supply.

 (2) A person contravenes this regulation if the person procures a sanctioned service from:

 (a) Eritrea; or

 (b) a person or entity in Eritrea.

 (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft:

 (a) if the service is not provided in relation to an authorised supply—to provide a sanctioned service; or

 (b) to procure a sanctioned service.

 (4) A body corporate contravenes this regulation 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:

 (i) if the service is not provided in relation to an authorised supply—provides a sanctioned service; or

 (ii) procures a sanctioned service from Eritrea or a person in Eritrea.

 (5) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

Note 1: Subregulation (5) has the effect that the offence has extraterritorial operation.

Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

11  Prohibition of prohibited supply or prohibited service to designated person or entity

 (1) A person contravenes this regulation if the person:

 (a) makes a prohibited supply to a designated person or entity; or

 (b) provides a prohibited service to a designated person or entity.

 (2) A body corporate contravenes this regulation 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 prohibited supply to a designated person or entity.

 (3) A body corporate contravenes this regulation 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 prohibited service to a designated person or entity.

 (4) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.

Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

12  Prohibition of dealing with designated persons or entities

 (1) A person contravenes this regulation 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.

 (1A) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.

Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

13  Prohibition of dealing with controlled assets

 (1) A person contravenes this regulation 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.

 (1A) Strict liability applies to the circumstance that the use or dealing with the asset is not authorised by a permit under regulation 14.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.

Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.

Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

14  Permit for assets or controlled assets

 (1) The Minister may, on application, grant a person a permit authorising:

 (a) the making available of an asset to a person or entity 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).

Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.

 (2) The application must be for:

 (a) a basic expense dealing; or

 (b) a legally required dealing; or

 (c) an extraordinary expense dealing;

mentioned in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

 (3) The application must specify the kind of dealing mentioned in subregulation (2) for which it is made.

 (4) If the application is for a basic expense dealing, the Minister:

 (a) must notify the Committee of the application; and

 (b) may grant a permit only if:

 (ii) 3 working days have passed since the notice was given; and

 (ii) the Committee has not advised against granting the permit to the applicant.

 (5) If the application is for a legally required dealing, the Minister must notify the Committee of the application.

 (6) If the application is for an extraordinary expense dealing, the Minister:

 (a) must notify the Committee of the application; and

 (b) may grant the permit only with the approval of the Committee.

 (7) A permit is subject to any conditions specified in the permit.

Note: 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—Legislation history

This endnote sets out details of the legislation history of the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.