Charter of the United Nations Sanctions Regulations (Repeal) 2002

Overview

The Charter of the United Nations Sanctions Regulations (Repeal) 2002 was enacted to address the obsolescence of certain sanctions regulations due to changes in the respective international situations. Enacted by the Parliament of Australia and issued under the authority of the Minister for Foreign Affairs, this legislative instrument repeals existing regulations that implemented sanctions against Eritrea and Ethiopia, the Federal Republic of Yugoslavia, and Libya. The policy objective underpinning this repeal is to ensure that Australian legislation remains aligned with current United Nations Security Council resolutions and decisions, thus reflecting the evolving global political landscape and corresponding sanctions measures. The Charter of the United Nations Sanctions Regulations (Repeal) 2002 specifically targets the Charter of the United Nations (Sanctions - Eritrea and Ethiopia) Regulations 2000, the Charter of the United Nations (Sanctions - Federal Republic of Yugoslavia) Regulations 1998, and the Charter of the United Nations (Sanctions - Libya) Regulations 1994. These regulations were initially enacted to enforce sanctions that have since been lifted or altered by the Security Council. By repealing these outdated regulations, the Act ensures that Australian law is both current and responsive to international obligations under the Charter of the United Nations, specifically in relation to measures not involving the use of armed force.

Scope and Application

The Charter of the United Nations Sanctions Regulations (Repeal) 2002 applies to the repeal of existing regulations that implemented sanctions against Eritrea and Ethiopia, the Federal Republic of Yugoslavia, and Libya. These regulations were previously established under the Charter of the United Nations Act 1945 to give effect to decisions made by the United Nations Security Council and required by the Charter of the United Nations. The repeal is in response to the expiration or termination of sanctions by the Security Council, ensuring that Australian regulations align with current international mandates. The Regulations cease to have effect when the obligation imposed by the Security Council ceases, and would need to be re-enacted should the sanctions be re-imposed. These Regulations apply nationally, within the jurisdiction of the Commonwealth of Australia, and they would commence upon gazettal. The repeal does not introduce any new exclusions or thresholds, and any future sanctions would need to be addressed through new subordinate instruments if required.

Key Provisions

The Charter of the United Nations Sanctions Regulations (Repeal) 2002 (No. 35) contains several operative sections that address the repeal of existing regulations related to sanctions. Section 3 of the Regulations repeals the Charter of the United Nations (Sanctions - Eritrea and Ethiopia) Regulations 2000, which were in place to enforce the arms embargo and other sanctions on Eritrea and Ethiopia as per Security Council Resolution (SCR) 1298 of 17 May 2000. These sanctions expired on 16 May 2001, and with the Security Council's decision not to renew them, the Regulations repeal these previous measures. Similarly, Section 4 repeals the Charter of the United Nations (Sanctions - Federal Republic of Yugoslavia) Regulations 1998, which enforced sanctions on the Federal Republic of Yugoslavia (FRY) in relation to Kosovo as per SCR 1160 of 31 March 1998. These sanctions were terminated by SCR 1367 of 10 September 2001, leading to the repeal of these Regulations. Section 5 repeals the Charter of the United Nations (Sanctions - Libya) Regulations 1994, which enforced sanctions against Libya related to the Lockerbie aircraft bombing as per SCR 748 of 31 March 1992 and SCR 883 of 11 November 1993. SCR 1192 of 27 August 1998 decided that the sanctions would be suspended if certain conditions were met, which they were on 8 April 1999. Accordingly, these sanctions were suspended, and the Regulations repeal the previous measures. The Charter of the United Nations Sanctions Regulations (Repeal) 2002 imposes obligations on relevant parties to ensure compliance with the repealed regulations. These obligations include ensuring that any activities that were previously regulated under the repealed regulations cease immediately upon the repeal. Furthermore, any entities or individuals who were previously subject to the sanctions must comply with the repeal and ensure that they are no longer engaging in activities that would have been prohibited under the repealed regulations. The Regulations also impose a duty on relevant authorities to monitor and enforce the repeal, ensuring that no further actions are taken under the repealed regulations. Breach of the repealed regulations could result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, if a person or entity continues to engage in activities that were prohibited under the repealed regulations, they could face civil penalties, such as fines or other monetary penalties. In more severe cases, criminal penalties could apply, including imprisonment. The maximum penalties for breaches of the repealed regulations would depend on the specific provisions of the repealed regulations and the relevant legislation. However, it is essential to note that the repeal of the regulations means that any actions taken under the repealed regulations after the repeal would be unlawful and could result in penalties.