Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 No. 157
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 157
Issued by the authority of the Minister of Foreign Affairs Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions) Regulations (Amendment)
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.
On 17 April 1993 the Security Council adopted Resolution 820, which imposed strict economic sanctions on the Federal Republic of Yugoslavia (Serbia and Montenegro) ("Yugoslavia"). The sanctions were implemented by the Charter of the United Nations (Sanctions) Regulations.
The amendment to the Regulations provides a direct reference in the title to the subject of the sanctions. This is necessary because there are now sanctions against other countries which implemented partially under the Charter of the United Nations Act 1945.
Overview
The Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 No. 157, issued under the authority of the Minister for Foreign Affairs, amends the existing Charter of the United Nations (Sanctions) Regulations to address the problem of imposing sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro), as mandated by the Security Council’s Resolution 820 of 17 April 1993. The amendment is enacted to provide a direct reference in the title to the subject of the sanctions, as it is necessary to implement sanctions against other countries under the Charter of the United Nations Act 1945. The policy objective is to ensure that the Regulations clearly reflect the sanctions imposed on specific countries, thereby facilitating their administration and enforcement.
Scope and Application
The Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 No. 157 applies to individuals, entities, and industries within the jurisdiction of Australia who are subject to the economic sanctions imposed by the United Nations Security Council under Chapter VII of the Charter of the United Nations. The regulations extend their reach to transactions and conduct that may involve dealings with the sanctioned entities or individuals. The amendment, necessitated by the existence of multiple sanctions against various countries, provides a specific reference to the Federal Republic of Yugoslavia (Serbia and Montenegro) in the title of the Regulations, thereby clarifying the scope of application. The geographic reach of these regulations is national, affecting all persons and entities within Australia, as they pertain to the implementation of international decisions that Australia is bound to execute under Article 25 of the Charter. The Act itself does not explicitly outline exclusions or thresholds but may be supplemented by subordinate instruments that provide further detail on specific measures or exemptions, thereby extending or restricting the application of the regulations.
Key Provisions
The main operative sections of the Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 No. 157 provide for the implementation of sanctions against the Federal Republic of Yugoslavia as mandated by United Nations Security Council Resolution 820. Section 6 of the Charter of the United Nations Act 1945 authorises the Governor-General to make regulations in line with Security Council decisions under Chapter VII of the Charter of the United Nations, as well as decisions required by Article 25 of the Charter, provided they do not involve the use of armed force. The amendment to the Regulations explicitly references the sanctions against Yugoslavia, ensuring clarity and specificity in the title due to the existence of other sanctions against different countries under the same Act.
The Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 imposes specific obligations and requirements on Australian individuals, entities, and businesses. These include compliance with the economic sanctions imposed on Yugoslavia, such as restrictions on trade, financial transactions, and the transfer of goods and technology. Australian citizens and entities are required to refrain from engaging in activities that facilitate or support the circumvention of these sanctions. The Regulations detail the types of transactions that are prohibited and provide guidance on how to comply with the imposed measures.
Breach of the provisions outlined in the Charter of the United Nations (Sanctions) Regulations (Amendment) 1994 carries significant consequences. The Regulations establish offences for non-compliance, which can lead to both civil and criminal penalties. Under the Charter of the United Nations Act 1945, individuals and entities found in violation of the sanctions can face fines and imprisonment. The specific penalties vary depending on the nature and severity of the breach but can include substantial monetary fines and imprisonment terms. These measures are intended to enforce adherence to international sanctions and uphold Australia's commitment to United Nations resolutions.