Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations Act 1945
Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No.3)
The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 3) (Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect an amendment made to the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008 (DPRK Regulations). The amendments to the DPRK Regulations reflects the international obligations United Nations Security Council Resolution 1874 (12 June 2009) imposes on Australia by, among other things, adding Regulation 11A to the DPRK Regulations.
Regulations 11A prohibits the unauthorised provision of bunkering services to a Democratic People’s Republic of Korea vessel. Sub-section 2B of the Charter of the United Nations Act 1945 (Act) provides that the Minister for Foreign Affairs may, by legislative instrument, specify a provision of a law of the Commonwealth to be a UN sanction enforcement law to the extent that the provision gives effect toa decision of the United Nations Security Council under Chapeter VII of the Charter of the United Nations (Charter) which Article 25 of the Charter requires Australia to carry out in so far as that decision requires Australia to carry out measures not involving the use of forcce. The offences provided for in sections 27 and 28 of the Act apply in respect of UN sanction enforcement laws.
By item 1 of Schedule 1 of this instrument the Minister declared regulations 11A of the Amendment Regulations to be UN sanction enforcement laws pursuant to sub-section 2B of the Act.
Interdepartmental and industry consultation has not been undertaken in the preparation of this Amendment Declaration as it made in furtherance of Australia’s international obligation implmented by amendments to the DPRK Regulations which implement Australia’s international obligations under article 25 of the Charter of the United Nations and therefore public consultation can not alter the obligations.
Details of the Legislative Instrument are set out in the Annex.
Annex
Paragraph 1 of the Amendment Declaration provides that the name of the Amendment Declaration is the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 3)
Paragraph 2 provides that the Amendment Declaration shall commence on the day after it is registered.
Paragraph 3 provides that Schedule 1 of the Amendment Declaration amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
Schedule 1, item 1 provides that Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 is amended to substitute at item 3 regulations 9, 10, 11, 11A, 12, 13, 14A, 14B and 14C of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008 in place of regulation 9, 10, 11, 12 and 13.
Overview
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 3) was enacted to amend the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect changes made to the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008. This amendment was necessitated by United Nations Security Council Resolution 1874, which imposed new international obligations on Australia, including the prohibition of unauthorised bunkering services to DPRK vessels. The objective of this amendment is to ensure that Australian law aligns with these international obligations, specifically by updating the sanctions enforcement laws to reflect the new regulatory requirements. The Amendment Declaration was issued by the Minister for Foreign Affairs and aims to maintain Australia's compliance with its obligations under the United Nations Charter, particularly under Article 25 which mandates the execution of Security Council decisions.
Scope and Application
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 3) pertains to the enforcement of United Nations sanctions in Australia, specifically concerning the Democratic People's Republic of Korea. This legislation applies to any person or entity within Australia, including companies, ships, and individuals, that may be involved in transactions or conduct that could contravene the sanctions, particularly the prohibition of unauthorised bunkering services to DPRK vessels. The geographic scope of this Act is national, as it is intended to enforce international obligations under the Charter of the United Nations. The application of this Act is extended through subordinate instruments, particularly the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008, which are amended to reflect the international obligations imposed by United Nations Security Council Resolution 1874. The Amendment Declaration updates the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to align with these changes, thereby ensuring Australia's compliance with its international commitments.
Key Provisions
The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2009 (No. 3) (Amendment Declaration) 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 – Democratic People’s Republic of Korea) Regulations 2008 (DPRK Regulations) (section 1(3)). This amendment is in response to United Nations Security Council Resolution 1874 (12 June 2009), which imposes new international obligations on Australia. The primary change is the addition of Regulation 11A to the DPRK Regulations, which prohibits the unauthorised provision of bunkering services to any vessel from the Democratic People’s Republic of Korea. Regulation 11A is specified as a UN sanction enforcement law under sub-section 2B of the Charter of the United Nations Act 1945 (Act).
The Amendment Declaration mandates that the Minister for Foreign Affairs declare Regulation 11A as a UN sanction enforcement law (Schedule 1, item 1). This declaration ensures that the regulation is legally enforceable within Australia, aligning with Australia’s obligations under Chapter VII of the Charter of the United Nations. The Charter of the United Nations Act 1945 empowers the Minister to specify certain provisions of Commonwealth law as UN sanction enforcement laws, provided they implement decisions of the United Nations Security Council (section 2B). The offences outlined in sections 27 and 28 of the Act apply to violations of these enforcement laws.
Entities and individuals governed by the Act must adhere to the new Regulation 11A, which prohibits the unauthorised provision of bunkering services to DPRK vessels. This requirement extends to ensuring that no such services are provided, directly or indirectly, without the necessary authorisation. Failure to comply with these provisions may lead to legal consequences under the Act. Offences under section 27 of the Act can result in criminal penalties, while breaches under section 28 may lead to civil penalties. The maximum penalties for these offences are not explicitly stated in the Amendment Declaration but are detailed in the Charter of the United Nations Act 1945. It is essential for entities and individuals to understand and comply with these regulations to avoid legal repercussions.