Charter of the United Nations (Sanctions - Iran) Amendment Regulations 2007 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2007L01330 Regulations Not in force Legislative Instrument

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Explanatory Statement

 

Select Legislative Instrument 2007 No. 114

 

Issued by the Authority of the Minister for Foreign Affairs

 

Charter of the United Nations Act 1945

 

Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1)

 

The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolution (UNSCR) 1747, adopted on 24 March 2007, to extend the trade and financial sanctions imposed against Iran under UNSCR 1737 (2006).

 

UNSCR 1737 required Australia to prevent the supply, sale or transfer of nuclear and missile related materials which could contribute to Iran’s proliferation sensitive nuclear activities as well as related technical assistance, training and financial assistance. The Resolution also required Australia to prohibit the procurement of specified items from Iran, and to impose financial sanctions against persons and entities designated in the Resolution.

 

Under UNSCR 1747 Australia must prohibit the procurement by its nationals, directly or indirectly, or using its flag vessels or aircraft, of any arms or related materiel from Iran, whether or not originating in the territory of Iran.  UNSCR 1747 also expands the list of persons and entities subject to financial sanctions imposed under UNSCR 1737.

 

UNSCR 1747 was adopted under Article 41 of Chapter VII of the Charter of the United Nations and the measures are binding on Australia pursuant to Article 25 of the Charter.

 

Australia generally implements territorial aspects of trade sanctions via specific regulations under the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958, which are administered by the Australian Customs Service.

 

The Regulations ensure that those aspects of the extended sanctions imposed against Iran by UNSCR 1747 which cannot be implemented under existing legislation are adequately implemented into domestic law.

 

The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org).  Australia has an obligation under Article 25 of the United Nations Charter to carry out decisions of the Security Council.  All relevant Commonwealth Government Departments were consulted prior to the drafting of these Regulations.

 

Details of the Regulations are contained in Annex I.


Annex I

 

Details of the Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered. 

 

Regulation 3 – Amendment of Charter of the United Nations (Sanctions – Iran) Regulations 2007

 

This regulation provides that Schedule 1 amends the Charter of the United Nations (Sanctions – Iran) Regulations 2007

 

Schedule 1 - Amendments to the Charter of the United Nations (Sanctions – Iran) Regulations 2007

 

  • Regulation 3 currently provides that the object of the Regulations is to give effect to United Nations Security Council Resolution 1737 (2006).  The amendments in item [1] provide that the object of the Regulations is to give effect to United Nations Security Council Resolutions (UNSCR) 1737 (2006) and 1747 (2007).

 

  • Items [2] to [6] insert or amend definitions in regulation 4.  Item [2] inserts a definition of “arms or related matériel”, item [3] amends the definition of “designated entity” to include entities designated in UNSCR 1747, item [4] amends the definition of “designated person” to include persons designated in UNSCR 1747, item [5] inserts a definition of “paramilitary equipment” and item [6] inserts a definition of “Resolution 1747”.

 

  • Item [7] inserts a new Part 3A related to the procurement of arms or related materiel from Iran.

 

  • Regulation 10A is inserted to provide that Part 3A applies within Australia and extraterritorially to citizens of Australia outside of Australia.

 

  • Regulation 10B is inserted to prohibit conduct that results in the procurement of arms or related matériel from Iran, or a person in Iran, regardless of whether the arms or related matériel originated in Iran.  Regulation 10B gives effect to Operative Paragraph (OP) 5 of Security Council Resolution 1747.

 

Penalty:  50 penalty units


  • Item [8] inserts a new regulation 12A to provide for a specific prohibition on the use of Australian aircraft and ships resulting in the procurement of arms or related matériel from Iran.  The regulation applies to owners, pilots in command, and operators of Australian aircraft and owners, masters and operators of Australian ships, regardless of whether the arms or related materiel originated in Iran.   Regulation 12A gives effect to the specific obligations on aircraft and vessels in OP 5 of Security Council Resolution 1747.

 

Penalty:  50 penalty units

Overview

The Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1) were enacted to implement Australia’s obligations under United Nations Security Council Resolution (UNSCR) 1747, which extends trade and financial sanctions against Iran. This legislation was introduced to ensure Australia adequately meets its international commitments under the Charter of the United Nations, specifically Article 25, which mandates compliance with Security Council decisions. The enacting body for these regulations is the Minister for Foreign Affairs, reflecting the government's commitment to enforce the sanctions to curb Iran's proliferation-sensitive nuclear activities and related arms procurement. The policy objective is to enforce the provisions of UNSCR 1747, which include prohibiting the procurement of arms and related materiel from Iran and imposing financial sanctions on designated entities and individuals. These regulations amend existing sanctions to include the new obligations set out in UNSCR 1747, ensuring comprehensive enforcement within Australia and extraterritorially.

Scope and Application

The Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1) implement Australia’s obligations under United Nations Security Council Resolutions (UNSCR) 1737 and 1747, which concern the imposition of trade and financial sanctions against Iran to prevent the proliferation of nuclear and missile-related materials. These Regulations apply to Australian citizens, entities, and vessels both domestically and extraterritorially, ensuring compliance with the prohibitions on the procurement of arms and related materiel from Iran, as well as the expanded list of designated persons and entities subject to financial sanctions. The Regulations provide definitions and prohibitions that align with the obligations under the UNSCRs, and penalties are imposed for non-compliance, reflecting the serious nature of these international sanctions. The measures extend to all Australian nationals and entities, regardless of location, ensuring a comprehensive application of the sanctions regime.

Key Provisions

The Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2007 (No. 1) amends the existing sanctions regulations to implement Australia’s obligations under United Nations Security Council Resolutions (UNSCR) 1737 (2006) and 1747 (2007). The primary focus of these Regulations is to extend the trade and financial sanctions imposed on Iran. Regulation 3 amends the object of the Charter of the United Nations (Sanctions – Iran) Regulations 2007 to include UNSCR 1747 (2007), while Schedule 1 introduces several key definitions and provisions that ensure the effective implementation of the extended sanctions. Under these Regulations, various obligations are imposed on the parties or entities they govern. Firstly, they mandate the prohibition of the supply, sale, or transfer of nuclear and missile-related materials to Iran that could contribute to its proliferation-sensitive nuclear activities, as well as related technical assistance, training, and financial assistance (Regulation 4). Additionally, the Regulations prohibit the procurement of arms or related materiel from Iran by Australian nationals, directly or indirectly, or using Australian flag vessels or aircraft, regardless of the origin of the materiel (Regulation 10B). Financial sanctions are also imposed on designated persons and entities listed in the UNSCRs (Regulation 4). These obligations are designed to align Australian domestic law with international commitments under the United Nations Charter and specific UNSCRs. Breaching these Regulations can result in serious civil and criminal consequences. For example, Regulation 10B, which prohibits the procurement of arms or related materiel from Iran, carries a penalty of 50 penalty units. Similarly, Regulation 12A, which imposes a specific prohibition on the use of Australian aircraft and ships for procuring such materiel, also carries a penalty of 50 penalty units. These penalties are intended to ensure compliance with the extended sanctions and to enforce Australia’s obligations under the relevant UNSCRs. The use of Australian aircraft and ships for the procurement of arms or related materiel from Iran is strictly forbidden, and violations can lead to enforcement actions by the relevant authorities.

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