Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 449
Issued by the authority of the Minister for Foreign Affairs Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal)
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.
The United Nations Security Council decided on 6 May 1994, by virtue of Resolution 917, to impose sanctions on Haiti in addition to the sanctions imposed by Resolutions 841 and 873. These sanctions were implemented under Charter of the United Nations (Sanctions-Haiti) Statutory Rules 1994 No. 158.
On 29 September 1994, the United Nations Security Council decided, by virtue of Resolution 944, to terminate the measures regarding Haiti set out in Resolutions 841 (1993), 873 (1993) and 917 (1994), at 00.01 a.m. EST on the day after the return to Haiti of President Aristide (Operative Paragraph 4). President Aristide returned to Haiti on 15 October 1994, with the result that, in accordance with the terms of United Nations Security Council Resolution 944, the sanctions against Haiti ended automatically at 00.01 a.m. on 16 October 1994.
Details of the proposed Regulation are as follows:
Regulation 1 provides for the repeal of Statutory Rules 1994 No. 158. The Regulation commenced on gazettal.
Overview
The Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449 was enacted to repeal the previously implemented sanctions against Haiti, as decided by the United Nations Security Council through Resolution 944. This repeal was necessitated by the return of President Aristide to Haiti on 15 October 1994, which triggered the automatic termination of the sanctions measures at 00.01 a.m. on 16 October 1994. The regulation was issued under the authority of the Minister for Foreign Affairs, aligning with Section 6 of the Charter of the United Nations Act 1945. The primary objective of this legislation was to ensure that Australian law complied with the United Nations Security Council's decision to end the sanctions against Haiti, thereby maintaining Australia's adherence to international obligations and the resolutions of the United Nations.
Scope and Application
The Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449 applies to individuals, entities, and industries within Australia that were previously subject to sanctions under the Charter of the United Nations (Sanctions-Haiti) Statutory Rules 1994 No. 158. This repeal is enacted pursuant to the Charter of the United Nations Act 1945, under which the Governor-General is authorised to make regulations giving effect to Security Council decisions under Chapter VII of the UN Charter and those required by Article 25. The regulation's repeal becomes effective immediately upon gazettal, nullifying the previously imposed sanctions which had been set out in Statutory Rules 1994 No. 158. The repeal is geographically confined to Australia and is a direct response to the United Nations Security Council Resolution 944, which terminated the sanctions against Haiti following the return of President Aristide. No exclusions, exemptions, or thresholds are specified in this repeal, and the cessation of sanctions is automatic and does not require any further subordinate instruments for implementation.
Key Provisions
The Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449 includes Regulation 1 which effectively repeals the previous sanctions regulations under Statutory Rules 1994 No. 158. This repeal was necessitated by the termination of sanctions against Haiti as stipulated in United Nations Security Council Resolution 944, which came into effect following the return of President Aristide to Haiti on 15 October 1994. This repeal ensures that the existing sanctions are no longer applicable from the commencement of the new regulation, which occurs upon its gazettal.
Under the Charter of the United Nations Act 1945, the Governor-General has the authority to enact regulations that give effect to Security Council decisions under Chapter VII and Article 25 of the UN Charter, provided these decisions do not involve the use of armed force. Regulation 1 of the Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449 exercises this authority by repealing the previously applicable sanctions regulations. This repeal aligns Australia's domestic law with the international decisions made by the United Nations Security Council, ensuring compliance with international obligations.
The obligations imposed by the Charter of the United Nations (Sanctions-Haiti) Regulations (Repeal) 1994 No. 449 primarily concern the cessation of the application of sanctions against Haiti. Entities and individuals previously subject to these sanctions are now relieved from any restrictions that were in place. The repeal ensures that no further measures are taken against Haiti under the previous sanctions regime, effectively removing any legal barriers or restrictions that were previously in effect.
Breach of the repealed sanctions regulations would have constituted an offence under the former Statutory Rules 1994 No. 158. However, since the repeal of these regulations, any such breaches would no longer be applicable. The maximum penalties for contravening the repealed sanctions would have been determined by the relevant domestic laws, although specific penalties are not detailed in the explanatory statement. The repeal signifies the end of legal consequences associated with non-compliance with the now-defunct sanctions regime.