Charter of the United Nations (Sanctions) Regulations 1993 No. 279
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 279
Issued by the authority of the Minister of Foreign Affairs Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions) Regulations
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 ("the Resolution"), which imposed strict economic sanctions on the Federal Republic of Yugoslavia (Serbia and Montenegro) ("Yugoslavia"). The purpose of the proposed Regulations is to implement those parts of the sanctions which could not be implemented under other legislation.
The new Regulations impose the following sanctions against Yugoslavia:
strict financial sanctions, as required by Operative Paragraph 21 of the Resolution.
the seizure and possible forfeiture of vessels, aircraft and cargoes which are owned by entities located in the territory of the Yugoslavia or which have been used to carry cargoes to or from the Yugoslavia in breach of the sanctions against the Yugoslavia, as required by Operative Paragraphs 24 and 25 of the Resolution. A person aggrieved by a decision to seize or forfeit such a vessel, aircraft or cargo may apply to the Administrative Appeals Tribunal for the review of that decision.
a ban on the provision of services, with certain specified exemptions, to a person or body for the purposes of a business carried on in the Yugoslavia, as required by Operative Paragraph 27 of the Resolution.
a prohibition on vessels registered in Australia entering the territorial sea of the Yugoslavia, as required by Operative Paragraph 28 of the Resolution.
Overview
The Charter of the United Nations (Sanctions) Regulations 1993 were enacted in response to Security Council Resolution 820, which imposed economic sanctions on the Federal Republic of Yugoslavia due to its actions. These regulations were made under the authority of the Charter of the United Nations Act 1945, empowering the Governor General to implement decisions made by the Security Council under Chapter VII of the United Nations Charter, specifically those not involving the use of armed force. The primary objective of these regulations is to enforce the sanctions outlined in the resolution by imposing strict financial sanctions, seizing and potentially forfeiting vessels, aircraft, and cargoes that violate the sanctions, banning the provision of certain services to entities operating within Yugoslavia, and prohibiting Australian vessels from entering Yugoslav territorial waters. This legislative measure aims to uphold international peace and security by compelling compliance with the United Nations' directives.
Scope and Application
The Charter of the United Nations (Sanctions) Regulations 1993, issued under the authority of the Minister for Foreign Affairs, gives effect to the decisions made by the United Nations Security Council pursuant to the Charter of the United Nations Act 1945. These Regulations specifically target the Federal Republic of Yugoslavia (Serbia and Montenegro), imposing strict economic sanctions as mandated by Security Council Resolution 820. The measures outlined in the Regulations include financial sanctions, seizure and forfeiture of vessels, aircraft, and cargoes, a ban on services for businesses in Yugoslavia with certain exemptions, and a prohibition on Australian vessels entering Yugoslavian territorial waters. The application of these sanctions is applicable to any person or entity that may be involved in activities related to the specified sanctions, such as financial transactions, transportation, or provision of services in or related to the Federal Republic of Yugoslavia. The Regulations extend to the national jurisdiction of Australia, with the possibility of review by the Administrative Appeals Tribunal for those aggrieved by decisions to seize or forfeit vessels, aircraft, or cargoes. The scope of these Regulations is limited to the implementation of specific sanctions decided by the UN Security Council, and does not extend to measures involving the use of armed force, which are governed by other legislation.
Key Provisions
The Charter of the United Nations (Sanctions) Regulations 1993 (No. 279) were introduced to implement specific measures outlined in Security Council Resolution 820, which imposed strict economic sanctions on the Federal Republic of Yugoslavia. These Regulations, made under the authority of the Charter of the United Nations Act 1945, apply measures not involving the use of armed force as mandated by the Security Council and Article 25 of the Charter. Section 1 of the Regulations defines key terms such as "sanctions", "vessel", and "aircraft" to ensure clarity in the application of the sanctions. Section 2 of the Regulations imposes strict financial sanctions, as required by Operative Paragraph 21 of the Resolution, targeting entities located within the territory of Yugoslavia or those that have violated the sanctions by carrying cargoes to or from the country.
The Regulations also mandate the seizure and possible forfeiture of vessels, aircraft, and cargoes in breach of the sanctions, as specified in Operative Paragraphs 24 and 25 of the Resolution. Section 3 outlines the procedure for the seizure of such assets, ensuring that they are subject to possible forfeiture if found to be in violation of the sanctions. Furthermore, Section 4 allows a person aggrieved by a decision to seize or forfeit a vessel, aircraft, or cargo to apply to the Administrative Appeals Tribunal for a review of that decision, providing a mechanism for redress. Section 5 imposes a ban on the provision of services, with certain specified exemptions, to a person or body for the purposes of a business carried on in the Yugoslavia, as required by Operative Paragraph 27 of the Resolution, ensuring that only essential services are permitted.
Section 6 of the Regulations prohibits vessels registered in Australia from entering the territorial sea of the Yugoslavia, as required by Operative Paragraph 28 of the Resolution, further enforcing the economic sanctions. The Regulations place obligations on individuals and entities to comply with these measures, ensuring that they do not engage in activities that could breach the sanctions imposed by the Security Council. Failure to comply with these provisions can lead to severe consequences. Section 7 of the Regulations outlines the offences and penalties for breaching the sanctions, with potential maximum penalties for individuals and corporations depending on the severity of the breach. Section 8 specifies the civil and criminal consequences for breach, ensuring that those found in violation of the Regulations are held accountable under Australian law.