Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 2)

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 2) was enacted to ensure that Australian legislation remains in alignment with amendments made to the Charter of the United Nations (Sanctions – Somalia) Regulations 2008. This amendment declaration was introduced to rectify the gap created by the changes to the Somalia sanctions regulations, thereby ensuring that the enforcement of United Nations sanctions remains consistent with the updated regulatory framework. This legislative instrument was enacted by the Minister for Foreign Affairs, reflecting the policy objective of ensuring that Australia complies with its obligations under Chapter VII of the Charter of the United Nations, specifically in relation to measures not involving the use of armed force. The Amendment Declaration specifically identifies sections 20 (Dealing with Freezable Assets) and section 21 (Giving an Asset to a Prescribed Person or Entity) of the Charter of the United Nations Act 1945 as UN sanction enforcement laws. This specification allows for the application of penalties outlined in section 27(1) and (5) of the Act, thereby ensuring that any contravention of these UN sanction enforcement laws is treated as an offence under Australian law. This measure underscores the commitment of the Australian government to uphold international sanctions as mandated by the United Nations Security Council.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 2) is an instrument under the Charter of the United Nations Act 1945, which serves to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect updates made to the Charter of the United Nations (Sanctions – Somalia) Regulations 2008. This Amendment Declaration specifically designates sections 20 and 21 of the Charter of the United Nations Act 1945 as UN sanction enforcement laws, thereby triggering the applicability of penalties outlined in section 27(1) and (5) of the Act. These sections establish that individuals and bodies corporate commit an offence if they contravene a UN sanction enforcement law, with 'UN sanction enforcement law' being defined as any provision specified by the Minister under section 2B(1) of the Act, which must give effect to UN Security Council decisions under Chapter VII of the Charter of the United Nations. The Amendment Declaration extends its jurisdictional reach to all entities within the Commonwealth of Australia, ensuring compliance with international sanctions as mandated by the United Nations.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 2) primarily amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect changes made to the Charter of the United Nations (Sanctions – Somalia) Regulations 2008. The key sections involved in this amendment include sections 20 and 21 of the Charter of the United Nations Act 1945 (sections (20) and (21)). By specifying these sections, the Declaration allows the penalties outlined in section 27(1) and (5) of the Act to apply. Section 27(1) imposes a criminal offence on individuals and bodies corporate who engage in conduct that contravenes a UN sanction enforcement law, while section 27(5) provides for civil penalties for breaches by corporations. The obligations and requirements imposed by the Amendment Declaration on the parties governed by the Act include compliance with the specified UN sanction enforcement laws. This involves adhering to the provisions of the Charter of the United Nations (Sanctions – Somalia) Regulations 2008, particularly regulations 12, 13, and 14, as well as sections 20 and 21 of the Charter of the United Nations Act 1945. These regulations and sections are now recognized as UN sanction enforcement laws, meaning that any contravention of their provisions can result in criminal or civil penalties. The Amendment Declaration also outlines the consequences of breaching the specified UN sanction enforcement laws. Section 27(1) of the Act makes it a criminal offence for individuals and bodies corporate to engage in conduct that contravenes these laws, with penalties that may include imprisonment. Section 27(5) imposes civil penalties on corporations found to be in breach, which can include fines and other financial sanctions. The penalties are designed to ensure compliance with UN sanctions and to enforce Australia’s obligations under the United Nations Security Council’s decisions.