Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions – Iran) (Export Sanctioned Goods) List
Determination 2008
The Charter of the United Nations (Sanctions – Iran) Regulations 2008 (the Regulations) entered into force on 24 March 2008. The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolution 1737 (2006) and subsequent related Resolutions 1747 (2007) and 1803 (2008), to impose sanctions in relation to Iran. These Resolutions were 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 that Charter.
Operative Paragraphs (OP) 4(b) and OP 4(c) of Resolution 1737 oblige Australia to take the necessary measures to prevent the supply, sale or transfer directly or indirectly from Australian territory, or by Australian nationals or using Australian flag vessels or aircraft to, or for the use in or benefit of, Iran, and whether or not originating in Australian territory, of items, materials, equipment, goods and technology not listed in documents S/2006/814 or S/2006/815 if Australia determines that these items, materials, equipment, goods and technology would contribute to enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems. Australia is also obliged under OP 4(b) and OP 4(c) of Resolution 1737 to restrict similarly any further items if Australia determines that those items would contribute to the pursuit of activities related to other topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding.
Sub-regulation 5(2) of the Regulations provides that the Minister for Foreign Affairs (the Minister) may determine, by legislative instrument, a list of goods that would be export sanctioned goods for the purposes of the Regulations, if the Minister is satisfied the specified goods would, if supplied to Iran, contribute to enrichment-related, reprocessing, or heavy water-related activities, or the development of nuclear weapon delivery systems, or, if supplied to Iran, would contribute to the pursuit of activities about which the IAEA has expressed concern or identified as outstanding.
By this instrument, the Minister has determined a list of specified goods as being export sanctioned goods for the purposes of the Regulations, meaning these goods will be subject to export restrictions under the terms of the Regulations.
Once this legislative instrument comes into effect, the Regulations make it an offence if, inter alia, a person supplies, sells or transfers export sanctioned goods to another person and, as a direct or indirect result of the supply, sale or transfer the goods are transferred to Iran, or are incorporated into goods that are transferred to Iran, and that supply is not otherwise authorised or permissible pursuant to the Regulations.
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 implement decisions of the Security Council. Relevant Commonwealth Government Departments were consulted prior to and during the drafting of this legislative instrument.