Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 77 amends the Customs (Prohibited Exports) Regulations to remove trade sanctions against Kuwait that were previously implemented in compliance with United Nations Security Council Resolution 661. These sanctions were introduced on 8 August 1990 via Statutory Rules 1990 No. 264, as a response to actions taken by Iraq and Kuwait. Following the liberation of Kuwait, the Australian Government resolved on 11 March 1991 to lift all export-related sanctions targeting Kuwait, a decision that is now formalised through these amendments. This change was issued under the authority of the Minister of State for Small Business and Customs, with the objective of aligning Australian trade practices with the post-conflict international context and facilitating resumption of normal trade relations with Kuwait.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 77 pertains to the Customs Act 1901, regulating the exportation of goods from Australia, particularly those that were previously restricted due to international sanctions. The Regulations are amended to remove the prohibitions against the exportation of goods to Kuwait, which were implemented as part of trade sanctions in accordance with United Nations Security Council Resolution 661. These amendments apply to all entities and individuals involved in the exportation of goods from Australia, effectively lifting the restrictions that were in place following the liberation of Kuwait. The regulations impact all goods intended for export from Australia to Kuwait and those of Kuwaiti origin intended for export to other countries, thereby broadening the scope of permissible trade with Kuwait. This amendment extends nationally across Australia, reflecting a policy shift following geopolitical developments. The regulations do not specify any exclusions or thresholds for the applicability of these changes, thereby ensuring a uniform application across all relevant industries and entities involved in the exportation process.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 77 primarily focuses on amending the existing Customs (Prohibited Exports) Regulations to lift the trade sanctions against Kuwait. Regulation 1 sets out the amendments to the Customs (Prohibited Exports) Regulations, which were initially introduced under Regulation 13CA on 8 August 1990 (Statutory Rules 1990 No. 264). This was done to implement trade sanctions against Iraq and Kuwait in accordance with United Nations Security Council Resolution 661. The amendment, effective from 11 March 1991, follows the decision by the Government to remove all sanctions-related measures over exports to Kuwait following the liberation of Kuwait. Regulation 2 further details these amendments, particularly under subregulations 2.1 to 2.4. Under Regulation 2, subregulation 2.1 removes the definition of "Kuwait" from subregulation 13CA(1). This effectively eliminates the specific reference to Kuwait in the definition section, aligning with the new policy direction. Subregulation 2.2 eliminates the prohibition against the exportation from Australia to Kuwait of goods of any description. This change means that Australian exporters can now freely export goods to Kuwait without needing special permission or licences. Subregulation 2.3 lifts the prohibition on exporting goods of Kuwaiti origin from Australia to any country. This change ensures that goods originating from Kuwait can be exported from Australia to any destination without restriction. Finally, subregulation 2.4 removes the prohibition on exporting goods from Australia to any country other than Kuwait if the ultimate intended destination of these goods is Kuwait. This amendment allows for the export of goods to any country with the only condition being that the final destination is not Kuwait. The obligations imposed by these regulations on parties involved, particularly exporters, are significantly reduced. Exporters are now free from the previous restrictions that required specific permissions or approvals to export goods to Kuwait or of Kuwaiti origin to any country. The regulations impose an obligation on exporters to ensure that they are aware of the changes and comply with the new rules. The removal of specific prohibitions means that exporters must still adhere to any other existing regulations concerning the export of goods, such as ensuring that the goods do not fall under other prohibited categories. The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 77 does not explicitly state offences, penalties, or consequences for breaches of the amended regulations. However, under the broader Customs Act 1901, there are potential civil and criminal consequences for non-compliance with customs regulations. Violations of customs regulations can result in penalties such as fines, seizure of goods, and in severe cases, criminal charges. The maximum penalties for breaches of customs laws can vary depending on the specific offence and the severity of the violation. For instance, serious breaches may lead to substantial fines and imprisonment, while lesser violations may result in lesser fines. Compliance with the amended regulations is therefore crucial to avoid any potential legal repercussions.