Charter of the United Nations (Sanctions - Somalia) Regulations 2006

Overview

The Charter of the United Nations (Sanctions – Somalia) Regulations 2006 were enacted to fulfil Australia's commitments under several United Nations Security Council Resolutions, including UNSCR 733, 751, 1356, 1425, and 1474. These resolutions, adopted under Chapter VII of the UN Charter, mandate that member states, including Australia, take necessary measures to prevent the sale of arms and related matériel to Somalia and to prevent military assistance, including financing, advice, or training, to any recipient in Somalia. Enacted by the Minister for Foreign Affairs, these regulations aim to incorporate the UN sanctions regime against Somalia into Australian law, ensuring consistency with other UN sanctions regimes. The regulations prohibit specific activities that facilitate the sale or supply of arms and military assistance to Somalia, with certain exceptions for humanitarian or protective use, subject to UN Security Council Committee approval. These regulations were registered as a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day following their registration. An exemption from the requirement to provide a Regulation Impact Statement was granted, as these regulations implement a non-discretionary international obligation. The regulations should be read in conjunction with the Customs (Prohibited Exports) Regulations 1958, which outline Australia’s general defence exports control regime. Detailed information on the relevant UNSC resolutions can be found on the UN website.

Scope and Application

The Charter of the United Nations (Sanctions – Somalia) Regulations 2006 applies to all Australian citizens, entities, and individuals within the jurisdiction of Australia. These Regulations serve to implement Australia's obligations under several United Nations Security Council Resolutions, specifically UNSCR 733, 751, 1356, 1425, and 1474, which mandate the prevention of arms sales and military-related assistance to Somalia. This legislative instrument ensures that Australia adheres to the binding measures outlined in these Resolutions, which are enforced under Article 41 of Chapter VII of the UN Charter and Article 25, making them compulsory for member states. The Regulations include prohibitions on the sale or supply of arms, related matériel, and any form of assistance, advice, or training concerning military activities to any recipient in Somalia, unless specifically approved by the United Nations Security Council Committee. Exemptions exist for non-lethal military equipment intended for humanitarian or protective use, and training related to such equipment, provided it is approved in advance by the UNSC Committee. Additionally, protective clothing for UN personnel, the media, or humanitarian workers is also exempted but requires prior approval. These Regulations operate nationally and complement Australia’s general defence exports control regime as outlined in the Customs (Prohibited Exports) Regulations 1958.

Key Provisions

The Charter of the United Nations (Sanctions – Somalia) Regulations 2006 (the Regulations) are designed to enforce Australia’s commitments under various United Nations Security Council Resolutions (UNSCR), specifically UNSCR 733, 751, 1356, 1425, and 1474. These resolutions, adopted under Chapter VII of the United Nations Charter, obligate Australia to take measures to prevent the sale of arms and related matériel to Somalia, as well as to prevent assistance, advice, or training relating to military activities to any recipient in Somalia. The Regulations, therefore, seek to implement these sanctions within Australian law (Regulation 1). Under the Regulations, several key provisions outline the prohibited activities. Regulation 7 prohibits any conduct that assists, or results in, the sale or supply of arms or related matériel to any recipient in Somalia. Similarly, Regulation 8 prohibits any conduct that assists, or results in, the provision of assistance (including financing and financial assistance), advice, or training relating to military activities to any recipient in Somalia. Additionally, Regulation 9 prohibits the use of an Australian aircraft or ship in a way that assists, or results in, the activities prohibited under Regulations 7 and 8. These regulations collectively aim to ensure that Australia adheres to the UN’s sanctions regime against Somalia. The Regulations impose specific obligations on parties and entities governed by them. For instance, they require that any sale or supply of non-lethal military equipment intended solely for humanitarian or protective use, any training in relation to such equipment, and any provision of protective clothing intended for UN personnel, the media, or humanitarian workers must be approved in advance by the United Nations Security Council Committee established under paragraph 11 of UNSCR 751. This approval process ensures that even humanitarian efforts are subject to oversight and do not inadvertently assist in activities that contravene the sanctions. The Regulations also direct that they should be read in conjunction with regulation 13E of the Customs (Prohibited Exports) Regulations 1958, which sets out Australia’s general defence exports control regime. Failure to comply with the provisions of the Regulations can result in significant legal consequences. While the specific offences, penalties, or consequences are not detailed within the explanatory statement, it is implied that breaches of these Regulations could lead to civil or criminal penalties. Given the binding nature of the UNSC Resolutions under Article 25 of the UN Charter, breaches may also attract international scrutiny and possible diplomatic repercussions. The seriousness of the sanctions underscores the importance of compliance with the Regulations.