Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 68
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 68
Issued by the Authority of the Minister for Science and Small Business
Customs Act 1901
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by subsection n(l) may be exercised - ... (c) by prohibiting the exportation of goods unless specified conditions or restriction are complied with.
(3) Without limiting the generality of paragraph (2)(c), the regulations ... (a) may provide that the exportation of goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and..."
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person.
Background
The Regulations give effect to the United Nations (UN) Security Council Resolution 820 of 17 April 1993, to tighten sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) by ensuring that trade sanctions already in place against that country are not circumvented by diverting goods through UN Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces.
The UN Security Council Resolution requires all States to prevent such movement of goods, without the proper authorisation from the Government of the Republic of Croatia or the Government of the Republic of Bosnia and Herzegovina.
The sanctions regime and the imports sanctions regime in the Customs (Prohibited Imports) Regulations are similar to the total trade embargo previously enacted for the Federal Republic of Yugoslavia (Serbia and Montenegro) in Statutory Rules 1992 No. 155, as follows:
(a) the sanctions regime is to apply to the exportation of all goods from Australia the immediate or final destination of which is, or is intended to be the Republic of Bosnia and Herzegovina or the Republic of Croatia;
(b) the exportation of goods from Australia is to be prohibited unless the permission in writing of the Minister for Foreign Affairs, or an authorised person (being a person in that Minister's Department) is obtained, and that permission is presented to a Collector.
- in line with the 1992 sanctions, in granting any permission the Minister or authorised person must have regard to Australia's international obligations (which under the terms of the UN Security Council Resolution, for example, will require consultation with the diplomatic representatives of the relevant Republics to ensure that permissions will only be granted once the appropriate authorities of the Governments of those Republics are obtained).
The Regulations commence on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 68, issued by the authority of the Minister for Science and Small Business, amends the Customs Act 1901 to address the issue of circumventing trade sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) through the diversion of goods via UN Protected Areas in the Republic of Croatia and areas of Bosnia and Herzegovina controlled by Bosnian Serb forces. The amendment was necessitated by United Nations Security Council Resolution 820 of 17 April 1993, which called for tighter sanctions against the Federal Republic of Yugoslavia by preventing the movement of goods without proper authorisation from the Governments of Croatia and Bosnia and Herzegovina. This amendment introduces a prohibition on the exportation of goods from Australia to these regions unless specific written permission is obtained from the Minister for Foreign Affairs or an authorised person, in line with Australia's international obligations and the UN Security Council Resolution. The Regulations are designed to ensure compliance with the sanctions and prevent the circumvention of international trade restrictions.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 68 applies to the exportation of goods from Australia to the Republic of Bosnia and Herzegovina or the Republic of Croatia, aiming to enforce the United Nations Security Council Resolution 820 of 17 April 1993. This amendment tightens sanctions against the Federal Republic of Yugoslavia by preventing the circumvention of existing trade sanctions through UN Protected Areas in the Republic of Croatia and areas of Bosnia and Herzegovina controlled by Bosnian Serb forces. The legislation applies to any individual, entity, or industry seeking to export goods from Australia to the specified destinations, and requires compliance with the conditions set forth in the Regulations to avoid prohibited exportation. These conditions include obtaining written permission from the Minister for Foreign Affairs or an authorised person, which must be presented to a Collector. The Regulations ensure Australia's adherence to its international obligations under the UN Security Council Resolution, particularly by consulting with diplomatic representatives of the relevant republics before granting export permissions. The Regulations extend their jurisdictional reach nationally, applying to all exports from Australia to the specified destinations, and the application of these Regulations may be further detailed through subordinate instruments issued by the relevant authorities.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 68 primarily focuses on implementing stringent export controls to align with United Nations (UN) Security Council Resolution 820, which targets the Federal Republic of Yugoslavia (Serbia and Montenegro). Under section 112 of the Customs Act 1901, the Governor-General is empowered to prohibit the exportation of goods from Australia, particularly those intended for destinations in the Republic of Bosnia and Herzegovina or the Republic of Croatia. The amendment introduced by the Statutory Rules 1993 No. 68 mandates that any export of goods to these regions must obtain prior written permission from the Minister for Foreign Affairs or an authorised person within that Minister's Department. This permission must then be presented to a Collector upon the export of the goods.
The Regulations impose significant obligations on exporters to ensure compliance with international sanctions. Specifically, exporters must obtain written permission from the Minister for Foreign Affairs or an authorised person, ensuring that the export does not contravene the UN Security Council Resolution. This process requires consultation with diplomatic representatives of the relevant republics to ensure that the permissions are granted in accordance with Australia's international obligations. The primary requirement is that exporters must not proceed with the export of goods to the specified destinations without the requisite permissions, which are contingent on the approval of the appropriate authorities in the Republic of Bosnia and Herzegovina or the Republic of Croatia.
Failure to comply with these Regulations can lead to serious consequences. Breaches of these export prohibitions may result in both civil and criminal penalties. Under the Customs Act 1901, unauthorised exports can be subject to penalties, including fines and imprisonment. The precise penalties are not detailed in the explanatory statement but typically align with the severity of the breach, reflecting the importance of adhering to international sanctions and trade restrictions. Compliance is critical to avoid legal repercussions and to uphold Australia's commitments under the UN Security Council Resolution.