Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 67, issued under the authority of the Minister for Science and Small Business, is an amendment to the Customs Act 1901. This amendment was enacted to address the gap in preventing the circumvention of trade sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) through UN Protected Areas in the Republic of Croatia and areas of the Republic of Bosnia and Herzegovina controlled by Bosnian Serb forces. In line with United Nations Security Council Resolution 820 of 17 April 1993, the Regulations aim to ensure that Australia complies with international sanctions by prohibiting the importation of goods from the specified regions unless proper authorisation is obtained from the Governments of the Republic of Croatia or the Republic of Bosnia and Herzegovina. This amendment strengthens Australia's commitment to international obligations and supports global efforts to enforce economic sanctions.

Scope and Application

The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 67 applies to the importation of goods into Australia, specifically targeting those goods originating from or passing through the Republic of Bosnia and Herzegovina or the Republic of Croatia. This includes goods from these countries as well as goods from other countries that have originated from these two countries. The regulations serve to enforce the United Nations Security Council Resolution 820 of 17 April 1993, which aims to tighten sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) by preventing the circumvention of trade sanctions through UN Protected Areas in Croatia and areas controlled by Bosnian Serb forces in Bosnia and Herzegovina. The application of these regulations is governed by Section 50 of the Customs Act 1901, which allows the Governor-General to prohibit the importation of goods into Australia under certain conditions. Importation of specified goods is prohibited unless written permission is obtained from the Minister for Foreign Affairs or an authorised person within the Minister's Department, and this permission is presented to a Collector. The regulations are designed to ensure compliance with Australia's international obligations under the UN Security Council Resolution, including consultation with the diplomatic representatives of the relevant republics to confirm that permissions are granted in accordance with the appropriate authorities of their governments. The Regulations commence on the date of their gazettal.

Key Provisions

The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 67 amend the Customs (Prohibited Imports) Regulations to implement sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro), in line with the United Nations Security Council Resolution 820 of 17 April 1993. This resolution seeks to prevent the circumvention of trade sanctions by prohibiting the importation of goods from, or that originate from, the Republic of Bosnia and Herzegovina and the Republic of Croatia into Australia without the necessary authorisation (Section 50(1)). The Regulations, therefore, prohibit the importation of these goods unless a written permission from the Minister for Foreign Affairs or an authorised person is obtained and presented to a Collector (Section 50(2)(c)(i)). The obligations imposed by these Regulations are significant for parties involved in the importation of goods. Importers must ensure that any goods from, or originating from, the Republic of Bosnia and Herzegovina or the Republic of Croatia are accompanied by the appropriate written permission from the Minister for Foreign Affairs or an authorised person. This permission must be obtained before the goods can be imported, and it must be presented to a Collector upon entry into Australia. The Regulations also require that, in granting such permission, the Minister or authorised person must consult with the diplomatic representatives of the relevant Republics and consider Australia’s international obligations. Failure to comply with these provisions could result in the refusal of entry for the goods. The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 67 impose severe penalties for breaches of the Regulations. Importers who fail to obtain the necessary written permission or who present false documentation can be subject to civil and criminal penalties. Under the Customs Act 1901, the maximum penalty for contravening the Regulations may include fines and imprisonment. Specifically, the penalties can extend to fines of up to $22,200 for individuals and $111,000 for corporations, along with potential imprisonment terms. These stringent measures underscore the importance of complying with the Regulations to avoid severe legal consequences.