EXPLANATORY STATEMENT
Statutory Rules 1987 No. 97
Customs (Prohibited Exports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry. Technology and Commerce
These Regulations have two purposes:
(i) to extend sanctions currently imposed on South Africa to the area known as “Namibia” (formerly South-West Africa); and
(ii) to prohibit the exportation from Australia of certain chemical compounds that may be used in the production of chemical weapons unless the permission of the Minister for Foreign Affairs or an authorised person has been obtained.
On 14 May 1987 the Acting Minister for Foreign Affairs issued a news release announcing the extension of sanctions on South Africa to Namibia. The decision to extend the sanctions to include Namibia was taken to guard against the possibility that the South African Government might exploit its illegal occupation of Namibia by using Namibian territory as a trading point through which it could circumvent international trade sanctions. In addition, the decision, which has effect from 1 June 1987, is in keeping with Australia’s responsibilities as a member of the United Nations’ Council for Namibia to implement resolutions and decrees of the United Nations calling for the protection of Namibia’s natural resources.
On 21 January 1987 the Minister for Foreign Affairs first announced the Government’s intention of placing certain chemical compounds under export controls administered by the Department of Foreign Affairs.
These chemicals have been made subject to export controls as the result of a report by a United Nations investigation team that concluded that chemical weapons had been used in the Gulf war, and that Iraq had been acquiring chemicals from Western countries to manufacture the chemical weapons it was using. The controls will emphasise the Government’s active and principled disarmament policy and in particular its firm commitment to the earliest possible conclusion of a comprehensive international convention which would prohibit the development, production, stockpiling and use of chemical weapons. In support of this commitment, the new control will ensure that neither the Australian Government nor the Australian chemical industry will contribute, even unwittingly, to the manufacture of chemical weapons.
The Regulations provide as follows:
Regulation 1 provides that Regulations 3 and 6. dealing with the extension of the sanctions against the Republic of South Africa to Namibia, shall come into operation on 1 June 1987, the date when the new economic sanctions against South Africa commence.
Regulation 2 omits the reference in Regulation 13C of the Regulations to the now defunct Department of Defence Support. The responsibilities of that old Department under this Regulation are now carried out by the Department of Defence.
Regulation 3 amends Regulation 13C of the Regulations by inserting the word “Namibia” in sub-regulations (1)and (2). This amendment has the effect of prohibiting the exportation of the goods described in Schedule 13 to the Regulations to Namibia or South Africa, unless the exportation has been approved by the Minister for Foreign Affairs or an authorised person.
Regulation 4 inserts a new regulation 13D into the Regulations, which provides that a person may not export the 30 chemical compounds contained in the new Schedule 15 created by Regulation 7 (below) unless the Minister for Foreign Affairs, or, an authorised officer has granted permission in writing to export the goods, and that permission is produced to the Collector. (Subregulation 2).
Any permission granted may be subject to specific conditions or requirements (subregulation 3) and may be revoked if a prescribed condition is not complied with by a person, notwithstanding that that person is not charged with an offence under sub-section 112(2B) of the Act, in respect of the failure of that person to comply with the condition or requirement (subregulation 4).
Regulation 5 amends Schedule 13 to the Regulations by removing a reference to the now defunct Department of Defence Support, and removes references to eight chemical compounds contained in Schedule 13. These compounds are now to be listed in the new Schedule 15 to the Regulations. Export controls for these chemical compounds will now be administered by the Minister for Foreign Affairs.
The Minister for Defence administers the export controls for the goods that remain in Schedule 13 to the Regulations.
Regulation 6 makes the necessary amendments to Schedule 14 to the Regulations to include Namibia with South Africa as the countries to which to the goods listed in the Schedule may not be exported without the permission referred to in Regulation 3 above.
Regulation 7 adds a new Schedule 15 to the Regulations to list the 30 chemical compounds that are to be subject to the export controls administered by the Minister for Foreign Affairs, pursuant to the new Regulation 13D described in Regulation 4 above.