EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 301
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions – Rwanda) Regulations 2006
The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolution (UNSCR) 918 adopted on 17 May 1994 and UNSCR 1011 adopted on 16 August 1995. These Resolutions were adopted by the Security Council under Article 41 of Chapter VII of the Charter of the United Nations, and the measures are binding on Australia pursuant to Article 25.
Under the above Resolutions, Australia, as a UN Member State, must take necessary measures to prevent the sale of arms or related matériel to Rwanda. Previously, Australia implemented this arms embargo against Rwanda under the Charter of the United Nations (Sanctions - Rwanda) Regulations 1994. These Regulations were repealed by the Charter of the United Nations (Sanctions) Amendment Regulations 2006 (No. 1). The Charter of the United Nations (Sanctions – Rwanda) Regulations 2006 will ensure consistent implementation of UN sanctions into Australian law.
Regulation 7 of the Regulations would prohibit “conducts that assists, or results in, the sale or supply of arms or related matériel to any recipient in Rwanda”. Regulation 8 would prohibit an Australian aircraft or ship to be used “in a way that assists, or results in” the activities prohibited by regulation 7.
Regulations 7 and 8 of the Regulations would not apply in respect of sale or supply of arms and related matériel to the Government of Rwanda, provided such a sale or supply “is not for the purpose of resale, resupply or transfer to, or use by, any other party”. However, the sale or supply of such items must be notified in advance to the United Nations Security Council Committee established under paragraph 14 of UNSCR 918 to administer the Rwanda sanctions regime.
These Regulations should be read in conjunction with regulation 13E of the Customs (Prohibited Exports) Regulations 1958 administered by the Australian Customs Service, which sets out Australia’s general defence exports control regime.
The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org).
The Regulations are a legislative instrument for the purpose of the Legislative Instruments Act 2003. The Regulations commenced the day after they were registered. An exemption from the provision of a Regulation Impact Statement has been grated because the Regulations implement a non-discretionary international obligation.
Overview
The Charter of the United Nations (Sanctions – Rwanda) Regulations 2006 were introduced to ensure Australia's compliance with the United Nations Security Council Resolutions 918 and 1011, which impose an arms embargo on Rwanda. Enacted by the Australian Government and issued under the authority of the Minister for Foreign Affairs, these regulations aim to uphold international peace and security by preventing the sale or supply of arms and related matériel to Rwanda. The regulations build upon the previous sanctions framework, repealing the Charter of the United Nations (Sanctions - Rwanda) Regulations 1994 and amending the Charter of the United Nations (Sanctions) Regulations 2002. By implementing these measures, Australia aligns with its obligations under Article 25 of the UN Charter and Chapter VII, which mandate member states to accept and implement Security Council decisions. The regulations will be read in conjunction with Australia's general defence exports control regime, as outlined in the Customs (Prohibited Exports) Regulations 1958.
Scope and Application
The Charter of the United Nations (Sanctions – Rwanda) Regulations 2006 applies to any individual or entity within Australia and Australian territories, imposing obligations in alignment with United Nations Security Council Resolutions 918 and 1011. These Regulations ensure Australia's compliance with the binding measures to prevent the sale or supply of arms or related matériel to Rwanda, except when such sales are directed to the Government of Rwanda for non-transferable use, which must be pre-notified to the relevant UN committee. The geographic reach of these Regulations is national, covering all of Australia, and they extend to Australian citizens and entities regardless of location. These Regulations should be read in conjunction with other relevant Australian laws, such as the Customs (Prohibited Exports) Regulations 1958. The application of these Regulations is mandatory and does not include any stated exclusions or exemptions beyond the specified conditions for governmental sales, reflecting Australia's commitment to international obligations under Chapter VII of the UN Charter.
Key Provisions
The Charter of the United Nations (Sanctions – Rwanda) Regulations 2006 outline the specific measures Australia must take to implement United Nations Security Council Resolutions 918 and 1011. Regulation 7 of these Regulations prohibits any conduct that assists or results in the sale or supply of arms or related matériel to any recipient in Rwanda (reg 7). Regulation 8 prohibits the use of Australian aircraft or ships in a manner that assists or results in activities prohibited by regulation 7 (reg 8). Notably, these prohibitions do not apply to the sale or supply of arms and related matériel to the Government of Rwanda, provided such sale or supply is not for the purpose of resale, resupply, transfer, or use by any other party (reg 7(2)). However, any such sale or supply must be notified in advance to the United Nations Security Council Committee established under paragraph 14 of UNSCR 918 (reg 7(3)).
The obligations imposed by these Regulations extend to all entities and individuals within Australia. They must refrain from engaging in any conduct that could assist or result in the prohibited activities. This includes ensuring that Australian aircraft or ships are not used in any way that facilitates the sale or supply of arms or related matériel to Rwanda. The Regulations also require that any sale or supply to the Government of Rwanda be notified to the United Nations Security Council Committee, ensuring transparency and compliance with the international sanctions regime.
Breach of these Regulations can result in significant legal consequences. Engaging in prohibited conduct, such as assisting or resulting in the sale or supply of arms or related matériel to Rwanda, can lead to criminal and civil penalties. The exact penalties depend on the specific breach and the jurisdiction in which it occurs. However, under Australian law, breaches of similar regulations can result in substantial fines and imprisonment. The precise penalties are detailed in the relevant sections of the applicable legislation, ensuring that those who violate the Regulations face appropriate consequences for their actions.
These Regulations should be read in conjunction with regulation 13E of the Customs (Prohibited Exports) Regulations 1958, which outlines Australia’s general defence exports control regime. This ensures a comprehensive approach to implementing the arms embargo against Rwanda, aligning domestic measures with international obligations and enhancing the effectiveness of the sanctions regime. The Regulations are a legislative instrument for the purpose of the Legislative Instruments Act 2003 and came into effect the day after they were registered. An exemption from the provision of a Regulation Impact Statement has been granted because the Regulations implement a non-discretionary international obligation.