Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1992 No. 155 was enacted to give effect to the United Nations Security Council Resolution 757, which imposed a total trade embargo on exports to Serbia (officially described as the Federal Republic of Yugoslavia (Serbia and Montenegro)). This legislation addresses the need to implement international sanctions against Serbia in response to specific geopolitical events, ensuring alignment with global efforts to maintain international peace and security. Issued under the authority of the Minister for Small Business, Construction and Customs, the policy objective of this amendment is to prohibit the exportation of goods from Australia to Serbia unless permission is granted by the Minister of State for Foreign Affairs and Trade or an authorised person, thereby enforcing compliance with the UN Security Council Resolution. The Customs Act 1901 provides the legislative framework within which these amendments operate, specifically under Section 112, which empowers the Governor-General to prohibit the exportation of goods through regulation. The amendment to the Customs (Prohibited Exports) Regulations is designed to mirror previous sanctions imposed on Iraq following its invasion of Kuwait, ensuring that the exportation of goods is subject to stringent controls and permissions, particularly for goods intended for Serbia. The amendment requires the exportation of goods to be subject to the written permission of the relevant Minister or authorised person, who must consider the terms of the UN Security Council Resolution, particularly those that permit trade for humanitarian purposes such as food and medicine. These sanctions are to take effect upon gazetted commencement.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1992 No. 155 applies to all individuals, entities, and businesses within Australia that are involved in the exportation of goods. These regulations specifically target the prohibition of the export of goods to Serbia, officially referred to as the Federal Republic of Yugoslavia (Serbia and Montenegro). The scope of these regulations extends to any person or entity exporting goods from Australia to Serbia, regardless of the nature of the goods, unless they obtain the necessary written permission from the Minister of State for Foreign Affairs and Trade or an authorised person within that Minister's department. The regulations align with the United Nations Security Council Resolution 757, imposing a total trade embargo on exports to Serbia. The amendments made by this regulation commence upon their gazette, thereby enforcing the embargo with immediate effect.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) 1992 No. 155, pursuant to Section 112 of the Customs Act 1901, establish the legal framework for prohibiting the exportation of certain goods from Australia. These regulations are particularly concerned with enforcing a total trade embargo against the Federal Republic of Yugoslavia, now referred to as Serbia and Montenegro. The amendment is designed to align Australia's export controls with the United Nations Security Council Resolution 757 of 30 May 1992. Under these regulations, the export of goods to Serbia is absolutely prohibited unless specific written permission is obtained from the Minister of State for Foreign Affairs and Trade or an authorised person within that Minister's department. This permission must be presented to a Collector before the export can proceed. These regulations impose several obligations on parties and entities involved in the export process. Exporters are required to ensure they have the necessary written permission from the Minister or an authorised person before attempting to export any goods to Serbia. This permission must be produced to a Collector at the point of export. Additionally, the Minister and authorised personnel must adhere to the terms of the UN Security Council Resolution when granting permission, ensuring that any trade is strictly for humanitarian purposes, such as the export of food and medicine. Failure to comply with these requirements could lead to severe legal consequences. The Customs (Prohibited Exports) Regulations (Amendment) 1992 No. 155 also delineates the consequences for non-compliance with the embargo provisions. Any individual or entity found to be exporting goods to Serbia without the necessary permission commits an offence under the Customs Act 1901. Such offences can lead to both civil and criminal penalties. Civil penalties may include fines and the confiscation of goods, while criminal penalties could result in imprisonment. The exact penalties depend on the nature and severity of the breach, but the regulations are clear in their intent to enforce strict compliance with the trade embargo against Serbia.