EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 168
Charter of the United Nations (Sanctions – Liberia)
Amendment Regulations 2005 (No. 1)
The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolutions 1521 (2003) and 1532 (2004).
Resolution 1521 revised the legal basis for sanctions against Liberia which had been imposed under Resolutions 1343 (2001) and 1478 (2003). These sanctions include prohibitions in connection with arms, diamonds, timber and the travel of designated individuals. Australia had implemented the obligations from Resolutions 1343 and 1478 under the Charter of the United Nations (Sanctions – Liberia) Regulations 2002 (the Principal Regulations). Resolution 1521 abolished the committee which had been established under Resolution 1343 and established a new committee to oversee the implementation of the sanctions. Consequently, amendments to the Principal Regulations are needed to reflect the terms of the more recent Resolution (1521).
Resolution 1532 requires states in which there are funds, other financial assets and economic resources owned or controlled by members of the former Charles Taylor regime to freeze such funds, assets and resources and to ensure that they are not made available to those former regime members. The 1521 Committee has issued a list of individuals on whom this sanction applies. The Regulations implement this obligation by making it an offence to deal in a particular asset of one of those individuals.
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 proposed Regulations.
Overview
The Charter of the United Nations (Sanctions – Liberia) Amendment Regulations 2005 (No. 1) was enacted to address Australia's obligations under United Nations Security Council Resolutions 1521 (2003) and 1532 (2004), which pertain to sanctions against Liberia. These resolutions aimed to prohibit activities related to arms, diamonds, timber, and the travel of designated individuals, as well as the freezing of funds, other financial assets, and economic resources of members of the former Charles Taylor regime. The Regulations were introduced by the Australian government to update the Charter of the United Nations (Sanctions – Liberia) Regulations 2002, reflecting the changes brought by Resolution 1521, which abolished the committee established under Resolution 1343 and set up a new committee to oversee sanctions implementation. The policy objective of these amendments is to ensure that Australia complies with its international obligations under Article 25 of the United Nations Charter, which mandates the carrying out of Security Council decisions.
Scope and Application
The Charter of the United Nations (Sanctions – Liberia) Amendment Regulations 2005 (No. 1) applies to all persons and entities within Australia, including individuals, corporations, and other organisations, as well as any goods or transactions associated with the specified sanctions. These Regulations are designed to implement Australia's obligations under United Nations Security Council Resolutions 1521 (2003) and 1532 (2004), which focus on prohibiting dealings in arms, diamonds, and timber from Liberia, restricting the travel of designated individuals, and freezing the assets of former members of the Charles Taylor regime. The Regulations have a national jurisdictional reach and extend to all Commonwealth territories. There are no specific exclusions or exemptions outlined in the text, although the application may be extended or restricted through subordinate instruments as needed to meet Australia's international obligations under the United Nations Charter.
Key Provisions
The Charter of the United Nations (Sanctions – Liberia) Amendment Regulations 2005 (No. 1) primarily revises and updates the existing Charter of the United Nations (Sanctions – Liberia) Regulations 2002 to align with United Nations Security Council Resolutions 1521 (2003) and 1532 (2004). These Regulations serve to implement Australia’s obligations under these resolutions, which concern sanctions against Liberia involving arms, diamonds, timber, and the travel of certain individuals. Specifically, section 5 of the Regulations (section 5) outlines the offences related to dealing with assets owned or controlled by individuals listed by the 1521 Committee, ensuring that these individuals do not have access to financial resources.
The Regulations impose several obligations on the parties or entities they govern. For instance, section 6 (section 6) requires all Australian citizens and entities within Australia to comply with the sanctions imposed by the United Nations. This includes a prohibition on dealing with the assets of individuals listed by the 1521 Committee, such as freezing their assets and preventing any transactions that could make these assets available to them. These obligations extend to individuals and corporations, mandating that they take reasonable steps to ensure compliance with the sanctions.
Under these Regulations, any breach of the imposed sanctions can lead to significant legal consequences. Section 8 (section 8) details the penalties for contravening the Regulations, which include substantial fines and imprisonment. Specifically, an individual can face a maximum penalty of 5,000 penalty units or imprisonment for five years, or both, for dealing with the assets of a listed individual. Corporations can face penalties up to 25,000 penalty units. These penalties underscore the seriousness with which Australia treats its obligations under the United Nations Security Council resolutions and the importance of adhering to the sanctions regime.