EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations in relation to the granting and refusal of visas and entry permits.
The purpose of the Regulations is, consistent with the objective of implementing the United Nations Security Council Resolution No. 661 of 6 August 1990 (copy attached), to prevent activities by visitors (in a broad sense) to Australia which promote or are calculated to promote the sale or supply of any commodities or products whether or not originating in Australia, but not including certain medical supplies and in humanitarian circumstances, foodstuffs, to any person or body in Iraq or Kuwait or to any person or body for the purpose of any business carried on in or operated from Iraq or Kuwait.
Activities which involve the giving of assistance to the legitimate government of Kuwait are not prevented.
Persons in Iraq and Kuwait seeking business visas are the prime focus of these Regulations. The Regulations also cover persons who are engaged in trading with Iraq and Kuwait.
Details of the Regulations are set out in the Attachment.
| Authority: | Sections 23, 33 and 181 of the Migration Act 1958 |
Issued by the Minister for Local Government for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
MIGRATION (IRAQ AND KUWAIT) (UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 661) REGULATIONS
1 - Citation
This regulation provides for these Regulations to be cited as the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No 661) Regulations.
2 - Application
Regulation 2 provides for these Regulations to apply in spite of any provision in the Migration Regulations.
3 - Iraq and Kuwait - special restrictions
This regulation prevents the Minister granting a visa or entry permit to a person who is likely on entry into Australia to be involved directly or indirectly in the sale or supply of goods for the purposes of business activities in Iraq or Kuwait.
The regulation exempts from these activities the sale or supply of medical or surgical goods, or activities assisting the legitimate government of Kuwait.
The regulation also provides for the Minister to give permission in writing for the sale or supply of any goods to Kuwait or Iraq provided he/she is satisfied that such activity will not infringe Australia’s obligations under international law.
The regulation also enables the Minister to cancel an existing entry permit or visa if the holder is engaged in the sale or supply of goods for the purposes of business activities in Iraq or Kuwait.
Overview
The Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations, enacted in 1990, were introduced to address the issue of preventing activities that could facilitate the sale or supply of commodities and products to Iraq or Kuwait, in compliance with United Nations Security Council Resolution No. 661. This legislation was brought into effect by the Australian Government through the Minister for Local Government, acting on behalf of the Minister for Immigration, Local Government and Ethnic Affairs, under the authority granted by sections 23, 33, and 181 of the Migration Act 1958. The primary objective of these regulations is to prohibit the granting of visas or entry permits to individuals who might be involved in business activities promoting the sale or supply of goods to Iraq or Kuwait, while allowing exceptions for the sale or supply of essential medical supplies and humanitarian aid, as well as activities supporting the legitimate government of Kuwait.
Scope and Application
The Migration (Iraq and Kuwait) (United Nations Security Council Resolution No 661) Regulations, established under the authority of sections 23, 33, and 181 of the Migration Act 1958, are designed to enforce the United Nations Security Council Resolution No. 661 of 6 August 1990, which imposes sanctions on Iraq and Kuwait. These Regulations apply to individuals seeking business visas for Iraq and Kuwait, as well as to those engaged in trading activities with these countries. They specifically target the prevention of the sale or supply of commodities and products to any person or entity in Iraq or Kuwait, with certain exceptions for medical supplies provided under humanitarian circumstances and foodstuffs. The Regulations are intended to ensure compliance with Australia’s international obligations and allow for the possibility of granting exemptions for specific activities, such as those assisting the legitimate government of Kuwait, subject to written permission from the Minister for Immigration, Local Government and Ethnic Affairs. Furthermore, the Regulations provide the Minister with the authority to cancel existing visas or entry permits if the holder is found to be involved in prohibited business activities.
Key Provisions
The Migration (Iraq and Kuwait) (United Nations Security Council Resolution No 661) Regulations, which are based on Section 181 of the Migration Act 1958, establish specific controls over the granting of visas and entry permits to individuals associated with Iraq or Kuwait. These regulations are designed to ensure compliance with the United Nations Security Council Resolution No. 661, which imposes economic sanctions on Iraq and Kuwait. According to Regulation 3, the Minister is prohibited from issuing a visa or entry permit to individuals likely to engage in the sale or supply of goods for business activities in Iraq or Kuwait. However, exceptions are made for the sale or supply of medical or surgical goods and activities that support the legitimate government of Kuwait. Furthermore, Regulation 3 allows the Minister to grant written permission for the sale or supply of goods to Iraq or Kuwait if it is determined that such activities will not violate Australia’s international obligations.
Entities and individuals subject to these regulations must comply with the stipulations outlined in Regulation 3. This includes ensuring that any business activities in Iraq or Kuwait do not involve the sale or supply of goods that could contravene the United Nations sanctions. The Minister retains the authority to cancel an existing entry permit or visa if it is discovered that the holder is involved in the sale or supply of goods for business purposes in Iraq or Kuwait. Additionally, the Minister can issue written permission for the sale or supply of goods to Iraq or Kuwait, provided that such actions do not conflict with Australia’s international commitments.
Failure to comply with the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No 661) Regulations can result in serious consequences. According to the Act, any breaches may lead to criminal charges or civil penalties. Specifically, Regulation 3 stipulates that the Minister can cancel a visa or entry permit if the holder is found to be involved in activities that contravene the regulations. The Act does not explicitly state maximum penalties for breaches, but such violations could potentially lead to fines or imprisonment, depending on the severity of the offence and the specific legal provisions under which the individual is charged. The overarching intent is to ensure strict adherence to the United Nations sanctions and to prevent any circumvention of these international obligations through Australian territory.