Migration (Iraq—United Nations Security Council Resolution No. 661) Regulations

Overview

The Migration (Iraq - United Nations Security Council Resolution No. 661) Regulations 1991 were enacted to address the need for specific sanctions against Iraq as mandated by the United Nations Security Council Resolution No. 661 of 6 August 1990. These Regulations were made under the authority of sections 23, 33 and 181 of the Migration Act 1958, enabling the Governor-General to implement sanctions through the control of visas and entry permits to Australia. The primary objective was to prevent activities by visitors to Australia that would facilitate the sale or supply of commodities or products to Iraq, except for certain medical supplies and foodstuffs in humanitarian circumstances. This was initially enacted in 1990 under the Migration (Iraq and Kuwait) (United Nations Security Council Resolution No. 661) Regulations but was subsequently remade to exclude references to Kuwait following the liberation of Kuwait and the terms of UN Security Council Resolution No. 686. The Regulations were issued by the Attorney-General on behalf of the Minister for Immigration, Local Government and Ethnic Affairs.

Scope and Application

The Migration (Iraq - United Nations Security Council Resolution No. 661) Regulations 1991 apply to individuals and entities seeking to enter Australia under the Migration Act 1958, particularly targeting those who might engage in activities that contravene international sanctions against Iraq imposed by the United Nations Security Council Resolution No. 661. These Regulations focus on preventing the granting of visas or entry permits to individuals who are likely to be involved in the sale or supply of goods for business activities in Iraq. The scope of these Regulations is national, as they implement Australian sanctions in line with the UN resolution. The Regulations exclude certain medical supplies and foodstuffs, provided they are supplied in humanitarian circumstances. These Regulations are applicable regardless of the place of origin of the commodities or products in question, and they extend to all visa and entry permit applications, with the possibility of cancellation for those already holding such permits or visas if they engage in prohibited activities. The application of these Regulations can be extended or restricted through subordinate instruments, such as written permissions granted by the Minister to allow specific activities that do not infringe Australia's international law obligations.

Key Provisions

The Migration (Iraq - United Nations Security Council Resolution No. 661) Regulations 1991 No. 37 are an instrument designed to implement Australian sanctions against Iraq in line with the United Nations Security Council Resolution No. 661 of 6 August 1990. These regulations, referenced under section 181 of the Migration Act 1958, impose specific restrictions on the granting and refusal of visas and entry permits to individuals who may be involved in activities promoting or facilitating the sale or supply of commodities to Iraq. Regulation 3, in particular, mandates that the Minister may not grant a visa or entry permit to a person who is likely to engage in such activities upon entry into Australia. Additionally, it allows the Minister to cancel existing visas or entry permits if the holder is found to be involved in the sale or supply of goods for business activities in Iraq. The obligations placed on parties under these regulations are significant. The Minister for Immigration, Local Government and Ethnic Affairs, as the authority issuing these regulations, is tasked with ensuring that visas and entry permits are not granted to individuals who might violate Australia's international obligations by engaging in trade with Iraq. The Minister is also required to verify that any exceptions granted for the sale or supply of goods to Iraq do not contravene international law. This includes ensuring that any humanitarian exceptions, such as the supply of medical supplies and foodstuffs, are strictly controlled and do not benefit Iraq's business activities. The Regulations also establish clear consequences for breaches. Any violation of these provisions can lead to the refusal of a visa or entry permit, as well as the cancellation of existing permits or visas. The severity of these sanctions underscores the importance of adhering to the restrictions set forth in the regulations. Furthermore, while the specific penalties for breaches are not detailed in the explanatory statement, it is reasonable to infer that any actions that contravene these regulations could result in both civil and criminal consequences, potentially including fines and imprisonment, as typically seen in similar legislative frameworks.