Charter of the United Nations (Sanctions - Yugoslavia) Regulations (Amendment)

Overview

The Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment) 1995 No. 433 was enacted to address the need for Australia to align with the United Nations Security Council Resolution (SCR) 1022, which suspended certain sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro). This amendment was issued by the Australian Parliament under the authority of the Minister for Foreign Affairs, in accordance with the Charter of the United Nations Act 1945. The policy objective of these regulations is to facilitate the implementation of international decisions and to ensure that Australia's actions are consistent with its international law obligations, particularly in the context of UN sanctions. The regulations aim to provide a framework for granting permissions to use Yugoslavian funds and to provide services in Yugoslavia under specific conditions, while ensuring that these actions remain compliant with Australia's international commitments.

Scope and Application

The Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment) 1995 No. 433, issued under the Charter of the United Nations Act 1945, applies to individuals and entities within Australia who are subject to the sanctions imposed on the Federal Republic of Yugoslavia by the United Nations Security Council. These Regulations are designed to implement the decisions of the UN Security Council, specifically those under Chapter VII of the UN Charter, and Article 25, which obligates Australia to enforce measures that do not involve the use of armed force. The Regulations have a national reach, applying across Australia, and are intended to align with the UN's decision to suspend certain sanctions against the FRY as per Security Council Resolution 1022. However, they continue to prohibit activities that remain under the Security Council sanctions regime. The Regulations allow authorised persons to grant permissions for the use of Yugoslavian funds and the provision of services, subject to certain conditions and the review process of the Administrative Appeals Tribunal. The Regulations themselves cease operation during periods when the UN sanctions are suspended, although permissions granted prior to such suspension remain valid.

Key Provisions

The Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment) 1995 No. 433 amends the existing regulations to align with the United Nations' decision to suspend certain sanctions against the Federal Republic of Yugoslavia. Regulation 1 confirms that the amendments are made to enable the operation of these Regulations to be suspended while the sanctions imposed by the Security Council are themselves suspended. Regulation 2 allows an authorised person to grant permission for the use of Yugoslavian funds in Australia, which would otherwise be prohibited under these Regulations. The authorised person must consider Australia's obligations under international law when making such a decision and can attach conditions to the permission granted. Regulation 3 provides that if an authorised person decides not to grant permission for the use of funds or provision of services to Yugoslavia, this decision is subject to review by the Administrative Appeals Tribunal (AAT). The AAT can also review decisions to attach conditions to permissions. Regulation 4 allows a person to obtain permission from an authorised person to provide services to a business in Yugoslavia that would otherwise be prohibited under these Regulations. Again, the authorised person must take into account Australia's international obligations and can attach conditions to the permission granted. Regulation 5 stipulates that the Regulations have no operation while the sanctions under the Security Council are suspended. However, these Regulations will still operate to prohibit activities that continue to be subject to the Security Council sanctions regime. The Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment) 1995 imposes specific obligations on authorised persons. These obligations include considering Australia's international obligations when deciding whether to grant permissions for the use of funds or provision of services to Yugoslavia. Authorised persons must also attach conditions to such permissions as they see fit. If an authorised person decides not to grant permission, the decision is subject to review by the AAT. Additionally, the Regulations must be suspended when the Security Council sanctions are suspended, but they continue to prohibit activities that remain subject to the sanctions regime. The Charter of the United Nations (Sanctions-Yugoslavia) Regulations (Amendment) 1995 includes provisions for civil and criminal consequences in case of non-compliance. While the explanatory statement does not detail specific penalties, it is implied that breaches of these Regulations could result in civil or criminal liability. The severity of penalties would likely depend on the nature and extent of the breach, and could include fines, imprisonment, or other sanctions as determined by applicable Australian laws. Authorised persons must ensure compliance with the Regulations to avoid any legal repercussions.