Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2)

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Legislation au F2014L00568 Not in force Legislative Instrument

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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 2014 (No. 2)

 

The purpose of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2) (Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the enactment of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 (Yemen Regulation) and to reflect the amendments to the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (CAR Regulation) made by the Charter of the United Nations Legislation Amendment (Central African Republic and Yemen) Regulation 2014.

 

‘UN sanction enforcement law’ is defined in section 2 of the Charter of the United Nations Act 1945 (Act) to mean a provision that is specified in an instrument under sub-section 2B(1) of the Act. Section 2B provides that the Minister 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 to decisions that the United Nations Security Council (UNSC) has made under Chapter VII of the Charter of the United Nations which 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.

 

For subsection 2B(1) of the Act, each item in Schedule 1 of the Declaration is specified as a UN sanction enforcement law. Item 1 of Schedule 1 of the Amendment Declaration substitutes a new Schedule 1 which includes as items sections 5 and 6 of the Yemen Regulation and sections 11A and 11B of the amended CAR Regulation.

 

No public consultation was undertaken in relation to the Amendment Declaration as it implements Australia’s international legal obligations arising from decisions of the UNSC.

 

Details of the Legislative Instrument are set out in the Attachment.

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2)

 

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2) (Amendment Declaration) makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect the enactment of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 (Yemen Regulation) and to reflect the amendments to the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (CAR Regulation) made by the Charter of the United Nations Legislation Amendment (Central African Republic and Yemen) Regulation 2014.

 

Each item in Schedule 1 of the Declaration is specified as a UN sanction enforcement law. The Amendment Declaration substitutes a new Schedule 1 so that it includes as items sections 5 and 6 of the Yemen Regulation and sections 11A and 11B of the amended CAR Regulation. Sections 5 and 6 of the Yemen Regulation implement the decision by the United Nations Security Council (UNSC) in resolution 2140 (2014) of 26 February 2014, which provided for the imposition of targeted financial sanctions on persons and entities deisgnated by the Committee established under that resolution. Sections 11A and 11B of the amended CAR Regulation implement the decision by the UNSC in resolution 2134 (2014), which likewise provided for the imposition of targeted financial sanctions on persons and entities designated by the Committee established under resolution 2127 (2013).

 

The consequential amendments made by the Amendment Declaration do not engage, and are therefore compatible with, the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 


Attachment

 

Details of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2)

 

Paragraph 1 – Name of Instrument

 

Paragraph 1 provides that the name of the instrument is the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2).

 

Paragraph 2 - Commencement

 

Paragraph 2 provides that the instrument commences on the day after it is registered.

 

Paragraph 3 – Amendment of Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008

 

Paragraph 3 provides that Schedule 1 of the instrument amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

 

Schedule 1 - Amendment

 

Schedule 1, item 1 substitutes a new Schedule 1 of the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

 

The substituted Schedule 1 reflects the enactment of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014.

 

The substituted Schedule 1 inserts sections 5 and 6 of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 as item 15.

 

The substituted Schedule 1 reflects the amendments to the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014.

 

The substituted Schedule 1 inserts sections 11A and 11B of the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 into item 3.

 

The implementation of targeted financial sanctions on designated persons and entities connected with Yemen and the Central African Republic implements Australia’s obligations under United Nations Security Council resolutions 2134 (2014) and 2140 (2014).

 

The substituted Schedule 1 also changes the numbering of items 15 to 18 to take account of the above insertions.

Overview

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2) was enacted to address the need for updating Australia's legislative framework to reflect recent United Nations Security Council resolutions. This amendment declaration was introduced to ensure that Australia's domestic law aligns with its international obligations under resolutions 2134 (2014) and 2140 (2014), which imposed targeted financial sanctions on individuals and entities associated with the Central African Republic and Yemen, respectively. The enacting body responsible for this legislation is the Parliament of Australia, and the policy objective is to implement these sanctions effectively, thereby supporting global efforts towards peace and security. The declaration makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008, updating the list of specified laws to include the relevant sections of the new Yemen and CAR regulations. This ensures that Australia's legal system is equipped to enforce the UN's targeted sanctions, which are critical for maintaining international peace and security in the respective regions.

Scope and Application

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2) amends the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the enactment of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 and amendments to the Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014. This consequential amendment is necessary to implement Australia’s obligations under United Nations Security Council resolutions 2134 (2014) and 2140 (2014), which mandate targeted financial sanctions against designated persons and entities associated with Yemen and the Central African Republic, respectively. The Amendment Declaration updates Schedule 1 of the Declaration to include sections 5 and 6 of the Yemen Regulation and sections 11A and 11B of the amended CAR Regulation. This legislative instrument applies to all persons and entities within the jurisdiction of Australia, ensuring compliance with the international obligations arising from UNSC decisions. It does not involve public consultation as it directly implements Australia's international legal commitments. The Amendment Declaration commences on the day after it is registered.

Key Provisions

The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2014 (No. 2) (Amendment Declaration) is an instrument that makes consequential amendments to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) (sections 1 and 3). Specifically, Schedule 1 of the Amendment Declaration substitutes a new Schedule 1, which now includes sections 5 and 6 of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 and sections 11A and 11B of the amended Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014 (sections 1 and 3). These sections pertain to the implementation of targeted financial sanctions on persons and entities designated by committees established under United Nations Security Council (UNSC) resolutions 2140 (2014) and 2134 (2014) concerning Yemen and the Central African Republic, respectively. The Amendment Declaration imposes obligations on parties and entities governed by the UN sanction enforcement laws to comply with the newly included sections of the Yemen and CAR Regulations. This involves adhering to the financial sanctions specified in these sections, which are aimed at enforcing decisions made by the UNSC under Chapter VII of the Charter of the United Nations, as mandated by Australia under Article 25 of the Charter (section 2). These obligations include freezing funds and economic resources, prohibiting transactions, and implementing other measures to ensure compliance with the sanctions as specified in the relevant sections of the Yemen and CAR Regulations. Breach of the provisions outlined in the Amendment Declaration may result in significant legal consequences. Offences and penalties are not explicitly detailed in the Amendment Declaration itself but are likely governed by the Yemen and CAR Regulations, which include provisions for financial penalties and imprisonment. For example, failure to comply with the financial sanctions could lead to fines and imprisonment as specified in the relevant sections of the Yemen and CAR Regulations, which could potentially result in severe penalties depending on the nature and extent of the breach. The maximum penalties would be those set out in the Regulations themselves, which are designed to enforce the UNSC resolutions.

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