Charter of the United Nations (Sanctions - Iran) Regulations 2007

Charter of the United Nations (Sanctions — Iran) Regulations 2007

Select Legislative Instrument 2007 No. 12 as amended

made under the

Charter of the United Nations Act 1945

This compilation was prepared on 15 May 2007
taking into account amendments up to SLI 2007 No. 114

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary 

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Object 

 4 Definitions 

 5 Extra‑territorial operation of Regulations 

Part 2 Supply of export‑controlled goods and related assistance             

 6 Application of Part 

 7 Restriction on supply, sale or transfer of export‑controlled goods             

 8 Restriction on provision of technical assistance etc 

Part 3 Procurement of WMD‑related goods 

 9 Application of Part 

 10 Restriction on procurement of WMD‑related goods from Iran             

Part 3A Procurement of arms or related matériel 

 10A Application of Part

 10B Prohibition of procurement of arms or related matériel

Part 4 Use of Australian aircraft and ships 

 11 Use of Australian aircraft and ships for supply of export‑controlled goods             

 12 Use of Australian aircraft and ships for procurement of WMD‑related goods from Iran             

 12A Use of Australian aircraft and ships for procurement of arms or related matériel from Iran             

Part 5 Freezable assets and restriction on movement of assets to designated persons and designated entities             

 13 Offence — dealing with freezable assets 

 14 Offence — giving an asset to a designated person or designated entity             

 15 Authorised dealings 

Part 6 Miscellaneous 

 16 Delegations by Minister 

 17 Authorisations and permissions by Minister 

 18 List of export‑controlled goods 

Notes   

Part 1 Preliminary

1 Name of Regulations [see Note 1]

  These Regulations are the Charter of the United Nations (Sanctions — Iran) Regulations 2007.

2 Commencement [see Note 1]

  These Regulations commence on the day after they are registered.

3 Object

  The object of these Regulations is to give effect to Resolutions 1737 and 1747 by:

 (a) restricting the supply, sale or transfer of export‑controlled goods, and the provision of related assistance, to Iran; and

 (b) restricting the procurement of WMD‑related goods from Iran; and

 (c) prohibiting the procurement of arms or related matériel from Iran; and

 (d) preventing a person from:

 (i) using or dealing with assets owned or controlled by a designated person or entity; or

 (ii) making an asset available to a designated person or entity;

  otherwise than in accordance with these Regulations.

4 Definitions

  In these Regulations:

Act means the Charter of the United Nations Act 1945.

advance determination means a determination made by the Committee in accordance with paragraph 9 of Resolution 1737.

Note   Under paragraph 9 of Resolution 1737, the Committee may declare that a supply, sale, transfer or provision of an item, materials, equipment, goods, technology or assistance would clearly not contribute to the development of Iran’s technologies in support of its proliferation sensitive nuclear activities and of development of nuclear weapon delivery systems.

arms or related matériel 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.

Note   Paramilitary equipment includes parts and accessories designed or adapted for use in, or with, paramilitary equipment mentioned in paragraphs (a) to (e) of the definition of paramilitary equipment (see paragraph (f) of that definition).

asset means an asset described in the definition of asset in section 14 of the Act.

Australian aircraft means an aircraft registered in Australia under the Civil Aviation Act 1988.

Australian ship means a ship registered in Australia under the Shipping Registration Act 1981.

Committee means the Committee established by paragraph 18 of Resolution 1737.

designated entity means:

 (a) an entity designated in Part A or Part B of the Annex to Resolution 1737; or

 (b) an entity designated by the Committee or by the Security Council for the purpose of paragraph 12 of Resolution 1737; or

 (c) an entity designated in Annex I to Resolution 1747; or

 (d) an entity acting on behalf of, or at the direction of:

 (i) an entity mentioned in paragraph (a), (b) or (c); or

 (ii) a person mentioned in paragraph (a), (b) or (c) of the definition of designated person; or

 (e) an entity owned or controlled by:

 (i) an entity mentioned in paragraph (a), (b) or (c); or

 (ii) a person mentioned in paragraph (a), (b) or (c) of the definition of designated person.

designated person means:

 (a) a person designated in Part C, Part D or Part E of the Annex to Resolution 1737; or

 (b) a person designated by the Committee or by the Security Council for the purpose of paragraph 12 of Resolution 1737; or

 (c) a person designated in Annex I to Resolution 1747; or

 (d) a person acting on behalf of, or at the direction of:

 (i) a person mentioned in paragraph (a), (b) or (c); or

 (ii) an entity mentioned in paragraph (a), (b) or (c) of the definition of designated entity.

export‑controlled goods means:

 (a) WMD‑related goods; and

 (b) all items, materials, equipment, goods and technology that are included on the list of export‑controlled goods (if any) determined under subregulation 18 (1).

freezable asset means an asset in Australia that is owned or controlled, directly or indirectly, by a designated person or a designated entity.

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).

Resolution 1737 means Resolution 1737 (2006) of the Security Council, adopted on 23 December 2006.

Resolution 1747 means Resolution 1747 (2007) of the Security Council, adopted on 24 March 2007.

Security Council means the Security Council of the United Nations.

WMD‑related goods means all items, materials, equipment, goods and technology mentioned in Security Council documents S/2006/814 and S/2006/815.

Note   In these Regulations:

(a) the Department is the Department of Foreign Affairs and Trade; and

(b) the Minister is the Minister for Foreign Affairs.

5 Extra‑territorial operation of Regulations

  These Regulations have extra‑territorial operation according to their terms.

Part 2 Supply of export‑controlled goods and related assistance

6 Application of Part

  This Part applies to a person in Australia or a citizen of Australia who is outside Australia.

7 Restriction on supply, sale or transfer of export‑controlled goods

 (1) A person must not engage in conduct that results in the supply, sale or transfer of export‑controlled goods:

 (a) to Iran; or

 (b) for use in Iran; or

 (c) for the benefit of Iran; or

 (d) to a recipient in Iran; or

 (e) for the benefit of a recipient in Iran.

Penalty:   50 penalty units.

Note   Under subsection 11.2 (1) of the Criminal Code, a person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

 (2) Subregulation (1) does not apply in relation to a supply, sale or transfer of export‑controlled goods if:

 (a) the supply, sale or transfer is an export within the meaning of the Customs (Prohibited Exports) Regulations 1958; and

 (b) either:

 (i) a licence or permission to export the goods from Australia has been granted under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; or

 (ii) a permission to export the goods from Australia has been granted under regulation 13CQ of those Regulations; and

 (c) the licence or permission has not been revoked; and

 (d) the supply, sale or transfer complies with all conditions and requirements of the licence or permission (if any).

 (3) Subregulation (1) does not apply in relation to a supply, sale or transfer that is authorised, in writing, by the Minister before or after the supply, sale or transfer occurs.

 (4) In authorising a sale, supply or transfer of export‑controlled goods, the Minister must have regard to:

 (a) Australia’s international obligations, including those under Resolution 1737; and

 (b) whether the Committee has made an advance determination in relation to the supply, sale or transfer.

8 Restriction on provision of technical assistance etc

 (1) A person must not engage in conduct that results in the provision:

 (a) to Iran; or

 (b) for use in Iran; or

 (c) for the benefit of Iran; or

 (d) to a recipient in Iran; or

 (e) for the benefit of a recipient in Iran;

of technical assistance, technical training, financial assistance or investment, brokering or other services, relating to the supply, sale, transfer, manufacture or use of export‑controlled goods.

Penalty:   50 penalty units.

Note   Under subsection 11.2 (1) of the Criminal Code, a person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

 (2) A person must not engage in conduct that results in the transfer:

 (a) to Iran; or

 (b) for use in Iran; or

 (c) for the benefit of Iran; or

 (d) to a recipient in Iran; or

 (e) for the benefit of a recipient in Iran;

of financial resources or services, relating to the supply, sale, transfer, manufacture or use of export‑controlled goods.

Penalty:   50 penalty units.

Note   Under subsection 11.2 (1) of the Criminal Code, a person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

 (3) Subregulation (1) does not apply to the provision of technical assistance, technical training, financial assistance or investment, brokering or other services, relating to the supply, sale, transfer, manufacture or use of export‑controlled goods, if the provision is authorised, in writing, by the Minister before or after the provision occurs.

 (4) Subregulation (2) does not apply to the transfer of financial resources or services relating to the supply, sale, transfer, manufacture or use of export‑controlled goods if the transfer is authorised, in writing, by the Minister before or after the transfer occurs.

 (5) In authorising a provision or transfer, the Minister must have regard to:

 (a) Australia’s international obligations, including those under Resolution 1737; and

 (b) whether the Committee has made an advance determination in relation to the provision or transfer.

Part 3 Procurement of WMD‑related goods

9 Application of Part

  This Part applies to a person in Australia or a citizen of Australia who is outside Australia.

10 Restriction on procurement of WMD‑related goods from Iran

 (1) A person must not engage in conduct that results in the procurement of WMD‑related goods from:

 (a) Iran; or

 (b) any person in Iran.

Penalty:   50 penalty units.

Note   Under subsection 11.2 (1) of the Criminal Code, a person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

 (2) Subregulation (1) applies regardless of whether the goods originated in Iran.

Part 3A Procurement of arms or related matériel

10A Application of Part

  This Part applies to a person in Australia or a citizen of Australia who is outside Australia.

10B Prohibition of procurement of arms or related matériel

 (1) A person must not engage in conduct that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (2) Subregulation (1) applies regardless of whether the arms or matériel originated in Iran.

Note   Under subsection 11.2 (1) of the Criminal Code, a person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

Part 4 Use of Australian aircraft and ships

11 Use of Australian aircraft and ships for supply of export‑controlled goods

 (1) The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that results in the supply, sale or transfer of export‑controlled goods:

 (a) to Iran; or

 (b) for use in Iran; or

 (c) for the benefit of Iran; or

 (d) to a recipient in Iran; or

 (e) for the benefit of a recipient in Iran.

Penalty:   50 penalty units.

 (2) The owner, master or operator of an Australian ship must not allow the ship to be used in a way that results in the supply, sale or transfer of export‑controlled goods:

 (a) to Iran; or

 (b) for use in Iran; or

 (c) for the benefit of Iran; or

 (d) to a recipient in Iran; or

 (e) for the benefit of a recipient in Iran.

Penalty:   50 penalty units.

 (3) Subregulations (1) and (2) do not apply in relation to a supply, sale or transfer of export‑controlled goods if:

 (a) the supply, sale or transfer is an export within the meaning of the Customs (Prohibited Exports) Regulations 1958; and

 (b) either:

 (i) a licence or permission to export the goods from Australia has been granted under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; or

 (ii) a permission to export the goods from Australia has been granted under regulation 13CQ of those Regulations; and

 (c) the licence or permission has not been revoked; and

 (d) the supply, sale or transfer complies with all conditions and requirements of the licence or permission (if any).

 (4) Subregulations (1) and (2) do not apply in relation to a supply, sale or transfer that is authorised, in writing, by the Minister before or after the supply, sale or transfer occurs.

 (5) In authorising a sale, supply or transfer, the Minister must have regard to:

 (a) Australia’s international obligations, including those under Resolution 1737; and

 (b) whether the Committee has made an advance determination in relation to the supply, sale or transfer.

12 Use of Australian aircraft and ships for procurement of WMD‑related goods from Iran

 (1) The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that results in the procurement of WMD‑related goods from:

 (a) Iran; or

 (b) any person in Iran.

Penalty:   50 penalty units.

 (2) The owner, master or operator of an Australian ship must not allow the ship to be used in a way that results in the procurement of WMD‑related goods from:

 (a) Iran; or

 (b) any person in Iran.

Penalty:   50 penalty units.

 (3) Subregulations (1) and (2) apply regardless of whether the goods originated in Iran.

12A Use of Australian aircraft and ships for procurement of arms or related matériel from Iran

 (1) The owner of an Australian aircraft must not allow the aircraft to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (2) The pilot in command of an Australian aircraft must not allow the aircraft to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (3) The operator of an Australian aircraft must not allow the aircraft to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (4) The owner of an Australian ship must not allow the ship to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (5) The master of an Australian ship must not allow the ship to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (6) The operator of an Australian ship must not allow the ship to be used in a way that results in the procurement of arms or related matériel from:

 (a) Iran; or

 (b) a person in Iran.

Penalty:   50 penalty units.

 (7) Subregulations (1) to (6) apply regardless of whether the arms or matériel originated in Iran.

Part 5 Freezable assets and restriction on movement of assets to designated persons and designated entities

13 Offence — dealing with freezable assets

 (1) A person commits an offence if:

 (a) the person holds a freezable asset; and

 (b) the person:

 (i) uses or deals with the freezable asset; or

 (ii) allows the freezable asset to be used or dealt with; or

 (iii) facilitates the use of the freezable asset or dealing with the freezable asset; and

 (c) the use or dealing is not in accordance with a notice under regulation 15.

Penalty:   50 penalty units.

 (2) Strict liability applies to the circumstance that the use or dealing is not in accordance with a notice under regulation 15.

 (3) It is a defence if the person proves that the use or dealing was solely for the purpose of preserving the value of the freezable asset.

Note   A defendant bears a legal burden in relation to the matter set out in subregulation (3) (see paragraph 13.4 (b) of the Criminal Code).

 (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction — category A) applies to an offence against subregulation (1).

14 Offence — giving an asset to a designated person or designated entity

 (1) A person commits an offence if:

 (a) the person, directly or indirectly, makes an asset available to a designated person or designated entity; and

 (b) the making available of the asset is not in accordance with a notice under regulation 15.

Penalty:   50 penalty units.

 (2) Strict liability applies to the circumstance that the making available of the asset is not in accordance with a notice under regulation 15.

 (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction — category A) applies to an offence against subregulation (1).

15 Authorised dealings

 (1) The owner or holder of a freezable asset may apply in writing to the Minister for permission to use or deal with the freezable asset in a specified way.

 (2) The owner or holder of an asset may apply in writing to the Minister for permission to make the asset available to a designated person or designated entity specified in the application.

 (3) The Minister may, by written notice:

 (a) permit a freezable asset specified in the notice to be used or dealt with in a specified way; or

 (b) permit an asset specified in the notice to be made available to a designated person or designated entity specified in the notice.

 (4) The Minister may issue such a notice on his or her own initiative or upon application under subregulation (1) or (2).

 (5) In permitting:

 (a) a freezable asset to be used or dealt with in a specified way; or

 (b) an asset to be made available to a designated person or a designated entity;

the Minister must have regard to Australia’s international obligations, including those under Resolution 1737.

 (6) The notice may be expressed to apply from a date before the notice is given.

 (7) The notice must be given to the owner or holder of the assets as soon as practicable after it is made.

Part 6 Miscellaneous

16 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.

17 Authorisations and permissions by Minister

  For regulations 7, 8, 11 and 15:

 (a) an authorisation or permission may be given by the Minister subject to any conditions specified in the authorisation or permission; and

 (b) an authorisation or permission that is given by the Minister on the basis of false or misleading information is taken to have no effect; and

 (c) the Minister may vary, suspend or revoke an authorisation or permission, having regard to the matters specified in the relevant regulation as matters to which the Minister must have regard in giving the authorisation or permission.

18 List of export‑controlled goods

 (1) The Minister may, by legislative instrument, determine a list of items, materials, equipment, goods and technology, other than WMD‑related goods, that are to be treated as export‑controlled goods for the purposes of these Regulations.

 (2) In determining a list of goods under subregulation (1), the Minister must have regard to Australia’s international obligations, including those under Resolution 1737.

Notes to the Charter of the United Nations (Sanctions — Iran) Regulations 2007

Note 1

The Charter of the United Nations (Sanctions — Iran) Regulations 2007 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Select Legislative Instrument 2007 No. 12 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments