Charter of the United Nations (Sanctions - Sierra Leone) Amendment Regulations 1999 No. 208
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 208
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (Sanctions - Sierra Leone) Amendment 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 5 June 1999 the United Nations Security Council decided in Resolution 1171 to prohibit the sale and supply of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, to Sierra Leone other than to the Government of Sierra Leone through named points of entry. The resolution also obliges states to prevent the entry into or transit through their territories of leading members of the former military junta and of the Revolutionary United Front, as designated by the Security Council sanctions committee.
The purpose of the amendments to the Charter of the United Nations (Sanctions - Sierra Leone) Regulations is to implement Australia's obligations under resolution 1171, in combination with amendments to the Customs (Prohibited Exports) Regulations and the Migration Regulations.
Details of the proposed Amending Regulations are as follows:
Amending Regulation 1 states the name of the regulations;
Amending Regulation 2 states that the Regulations commence on gazettal; and
Amending Regulation 3 states that Schedule 1 to the Regulations amends the Charter of the United Nations (Sanctions - Sierra Leone) Regulations.
Schedule 1 sets out the Amendments as follows:
Item 1 states the name of the Regulations;
Item 2 states that the object of the Regulations is to assist in giving effect to resolution 1132 by restricting the supply of arms and related materiel to Sierra Leone;
Item 3 adds the definition of ECOWAS (Economic Community of West African States)2;
Item 4 updates the definition of resolution 1132 to include resolutions 1156 and 1171;
Item 5 updates the heading to Regulation 4;
Item 6 amends subregulation 4(1) to prohibit a person in Australia or a citizen of Australia from selling or supplying an item mentioned in subregulation (2) unless it is sold or supplied ,to the Government of Sierra Leone through a named entry point or for the sole use of the Military Observer Group of ECOWAS or the United Nations;
Item 7 avoids duplication of the definition of ECOWAS and brings regulation 6 into accordance with the interpretation provision; and
Item 8 inserts Schedule 1 which provides a list of points of entry into Sierra Leone.
The Amending Regulations commence on gazettal.
Overview
The Charter of the United Nations (Sanctions - Sierra Leone) Amendment Regulations 1999 No. 208 was enacted to address Australia's obligations under United Nations Security Council Resolution 1171, which aimed to prohibit the sale and supply of arms and related military equipment to Sierra Leone, except to the government through specified entry points, and to prevent the entry or transit of certain designated individuals. These regulations were made under the authority of the Minister for Foreign Affairs pursuant to Section 6 of the Charter of the United Nations Act 1945, which allows the Governor-General to enact regulations to implement decisions made by the UN Security Council under Chapter VII of the Charter and obligations under Article 25. The objective of these amendments is to assist in enforcing Resolution 1132, which now includes Resolutions 1156 and 1171, by restricting the supply of prohibited items and updating relevant definitions and regulations to align with the current sanctions framework.
Scope and Application
The Charter of the United Nations (Sanctions - Sierra Leone) Amendment Regulations 1999 No. 208 applies to individuals and entities within Australia, extending the authority of the Governor-General under the Charter of the United Nations Act 1945 to implement United Nations Security Council Resolution 1171 concerning Sierra Leone. These regulations focus on enforcing measures that prohibit the sale and supply of arms and related materiel to Sierra Leone, except to its government through designated points of entry, and on preventing the entry or transit of specific individuals associated with the former military junta and the Revolutionary United Front. The regulations are designed to align Australia's domestic actions with international obligations under the Charter of the United Nations, specifically targeting conduct related to the sale and supply of prohibited items and the movement of sanctioned individuals. The scope of these regulations is national, applying across Australia and affecting any person or entity involved in the specified transactions or conduct.
Key Provisions
The main operative sections of the Charter of the United Nations (Sanctions - Sierra Leone) Amendment Regulations 1999 No. 208 involve updating and refining the existing sanctions regime against Sierra Leone. Amending Regulation 3 specifies that Schedule 1 of these Regulations amends the Charter of the United Nations (Sanctions - Sierra Leone) Regulations. Specifically, Item 6 of Schedule 1 amends subregulation 4(1) to prohibit any person in Australia or any Australian citizen from selling or supplying items listed in subregulation 4(2), such as arms and related materiel, to Sierra Leone unless they are sold or supplied to the Government of Sierra Leone through a designated entry point or for the exclusive use of the Military Observer Group of the Economic Community of West African States (ECOWAS) or the United Nations. These items are listed in Schedule 1 of the Regulations.
The obligations imposed by these Regulations on the parties or entities they govern are primarily centred on compliance with the sanctions measures against Sierra Leone. Under Item 6, any Australian citizen or person within Australia is prohibited from engaging in the sale or supply of the specified items to Sierra Leone, except through the stipulated channels or for the authorised entities. This includes ensuring that any transactions involving these items adhere strictly to the conditions set out in the Regulations. Additionally, the Regulations aim to support international efforts by ECOWAS and the United Nations in Sierra Leone, which involves preventing the unauthorised flow of arms and related materiel into the country.
The consequences for breaching these Regulations are significant. While the specific penalties are not detailed in the explanatory statement, breaches of similar regulations typically involve both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can involve imprisonment. The maximum penalties would depend on the specific breach and the discretion of the court. It is important for entities and individuals to comply with these Regulations to avoid facing such legal consequences.