Migration (United Nations Security Council Resolutions) Regulations 2007 - Specification of United Nations Security Council Resolutions under Regulation 4 - August 2010

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EXPLANATORY STATEMENT

 

Migration (United Nations Security Council Resolutions) Regulations 2007

 

SPECIFICATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS

(REGULATION 4 DEFINITION OF ‘RESOLUTION’)

 

  1. This Instrument is made under Regulation 4 of the Migration (United Nations Security Council Resolutions) Regulations 2007 (‘the Regulations’).
  2. Regulation 4 of the Regulations provides that resolution means a United Nations Security Council Resolution specified by the Minister, by legislative instrument.

3. The purpose of the Instrument is to specify relevant United Nations Security Council Resolutions, to add United Nations Security Council Resolutions 1737 (2006), 1747 (2007) and 1929 (2010) concerning Iran, and to ensure every person named within each resolution is a ‘UNSC-designated person’ for the purposes of Regulation 5 of the Regulations.

4.                  The following resolutions are specified within the instrument:

  • United Nations Security Council Resolution 1132 (1997) concerning Sierra Leone, adopted on 8 October 1997 (S/RES/1132 (1997)).
  • United Nations Security Council Resolution 1171 (1998) concerning Sierra Leone, adopted on 5 June 1998 (S/RES/1171 (1998)).

 

  • United Nations Security Council Resolution 1718 (2006) concerning the Democratic People’s Republic of Korea, adopted on 14 October 2006 (S/RES/1718 (2006)).

 

  • United Nations Security Council Resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 15 October 1999
    (S/RES/1267 (1999)).
  • United Nations Security Council Resolution 1333 (2000) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 19 December 2000 (S/RES/1333 (2000)).
  • United Nations Security Council Resolution 1390 (2002) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 16 January 2002
    (S/RES/1390 (2002)).
  • United Nations Security Council Resolution 1526 (2004) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 30 January 2004
    (S/RES/1526 (2004)).
  • United Nations Security Council Resolution 1617 (2005) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 29 July 2005
    (S/RES/1617 (2005)).
  • United Nations Security Council Resolution 1735 (2006) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 22 December 2006 (S/RES/1735 (2006)).
  • United Nations Security Council Resolution 1822 (2008) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 30 June 2008
    (S/RES/1822 (2008)).
  • United Nations Security Council Resolution 1904 (2009) concerning Al-Qaida and the Taliban and associated individuals and entities, adopted on 17 December 2009 (S/RES/1904 (2009)).

 

  • United Nations Security Council Resolution 1521 (2003) concerning Liberia, adopted on 22 December 2003 (S/RES/1521 (2003)).
  • United Nations Security Council Resolution 1579 (2004) concerning Liberia, adopted on 21 December 2004 (S/RES/1579 (2004)).
  • United Nations Security Council Resolution 1647 (2005) concerning Liberia, adopted on 20 December 2005 (S/RES/1647 (2005)).
  • United Nations Security Council Resolution 1731 (2006) concerning Liberia, adopted on 20 December 2006 (S/RES/1731 (2006)).
  • United Nations Security Council Resolution 1792 (2007) concerning Liberia, adopted on 19 December 2007 (S/RES/1792 (2007)).
  • United Nations Security Council Resolution 1854 (2008) concerning Liberia, adopted on 19 December 2008 (S/RES/1854 (2008)).
  • United Nations Security Council Resolution 1903 (2009) concerning Liberia, adopted on 17 December 2009 (S/RES/1903 (2009)).

 

  • United Nations Security Council Resolution 1533 (2004) concerning the Democratic Republic of the Congo, adopted on 12 March 2004 (S/RES/1533 (2004)).
  • United Nations Security Council Resolution 1596 (2005) concerning the Democratic Republic of the Congo, adopted on 18 April 2005 (S/RES/1596 (2005)).
  • United Nations Security Council Resolution 1649 (2005) concerning the Democratic Republic of the Congo, adopted on 21 December 2005 (S/RES/1649 (2005)).
  • United Nations Security Council Resolution 1698 (2006) concerning the Democratic Republic of the Congo, adopted on 31 July 2006 (S/RES/1698 (2006)).
  • United Nations Security Council Resolution 1768 (2007) concerning the Democratic Republic of the Congo, adopted on 31 July 2007 (S/RES/1768 (2007)).
  • United Nations Security Council Resolution 1771 (2007) (concerning the Democratic Republic of the Congo, adopted on 10 August 2007 (S/RES/1771 (2007)).
  • United Nations Security Council Resolution 1799 (2008) concerning the Democratic Republic of the Congo, adopted on 15 February 2008 (S/RES/1799 (2008)).
  • United Nations Security Council Resolution 1807 (2008) concerning the Democratic Republic of the Congo, adopted on 31 March 2008 (S/RES/1807 (2008)).
  • United Nations Security Council Resolution 1857 (2008) concerning the Democratic Republic of the Congo, adopted on 22 December 2008 (S/RES/1857 (2008)).
  • United Nations Security Council Resolution 1896 (2009) concerning the Democratic Republic of the Congo, adopted on 30 November 2009 (S/RES/1896 (2009)).

 

  • United Nations Security Council Resolution 1572 (2004) concerning Côte d’Ivoire, adopted on 15 November 2004 (S/RES/1572 (2004)).
  • United Nations Security Council Resolution 1643 (2005) concerning Côte d'Ivoire, adopted on 15 December 2005 (S/RES/1643 (2005)).
  • United Nations Security Council Resolution 1727 (2006) concerning Côte d'Ivoire, adopted on 15 December 2006 (S/RES/1727 (2006)).
  • United Nations Security Council Resolution 1782 (2007) concerning Côte d'Ivoire, adopted on 29 October 2007 (S/RES/1782 (2007)).
  • United Nations Security Council Resolution 1842 (2008) concerning Côte d'Ivoire, adopted on 29 October 2008 (S/RES/1842 (2008)).
  • United Nations Security Council Resolution 1893 (2009) concerning Côte d'Ivoire, adopted on 29 October 2009 (S/RES/1893 (2009)).

 

  • United Nations Security Council Resolution 1844 (2008) concerning Somalia, adopted on 20 November 2008 (S/RES/1844 (2008)).

 

  • United Nations Security Council Resolution 1591 (2005) concerning Sudan, adopted on 29 March 2005 (S/RES/1591 (2005)).
  • United Nations Security Council Resolution 1672 (2006) concerning Sudan, adopted on 25 April 2006 (S/RES/1672 (2006)).

 

  • United Nations Security Council Resolution 1636 (2005) concerning Lebanon, adopted on 31 October 2005 (S/RES/1636 (2005)).

 

  • United Nations Security Council Resolution 1737 (2006) concerning Iran, adopted on 23 December 2006 (S/RES/1737 (2006)).
  • United Nations Security Council Resolution 1747 (2007) concerning Iran, adopted on 24 March 2007 (S/RES/1747 (2007)).
  • United Nations Security Council Resolution 1803 (2008) concerning Iran, adopted on 3 March 2008 (S/RES/1803 (2008)).
  • United Nations Security Council Resolution 1929 (2010) concerning Iran, adopted on 9 June 2010 (S/RES/1929 (2010)).

 

  • United Nations Security Council Resolution 1907 (2009) concerning the State of Eritrea, adopted on 23 December 2009 (S/RES/1907 (2009)).

 

These resolutions can be found at http://www.un.org/sc/committees/.

5.                   Consultation was undertaken with the Department of Foreign Affairs and Trade regarding the policy and purpose for the making of this Instrument.

6.                   The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument.

7. The Instrument, IMMI 10/048, commences on the day after Registration on the Federal Register of Legislative Instruments.

Overview

The Migration (United Nations Security Council Resolutions) Regulations 2007 were enacted to address the problem of ensuring that individuals who are subject to sanctions imposed by the United Nations Security Council are prevented from entering or remaining in Australia. The Regulations were made under the authority of the Migration Act 1958 and provide a legislative framework for implementing relevant United Nations Security Council Resolutions in Australian migration law. The explanatory statement indicates that the purpose of the accompanying legislative instrument is to specify relevant United Nations Security Council Resolutions and to add resolutions concerning Iran, thereby ensuring that every person named within these resolutions is identified as a 'UNSC-designated person' for the purposes of the Regulations. This approach aligns with Australia's obligations under international law to enforce United Nations Security Council sanctions, aiming to contribute to global efforts in maintaining international peace and security. The Regulations were developed following consultation with the Department of Foreign Affairs and Trade, and an assessment found no compliance cost to businesses or impact on competition.

Scope and Application

The Migration (United Nations Security Council Resolutions) Regulations 2007 apply to individuals and entities that are designated under specified United Nations Security Council Resolutions. These resolutions target various countries and groups, including Iran, Al-Qaida and the Taliban, and associated individuals and entities, as well as countries such as Sierra Leone, the Democratic People's Republic of Korea, Liberia, the Democratic Republic of the Congo, Côte d'Ivoire, Sudan, Lebanon, and the State of Eritrea. The Regulations are applicable nationally across Australia and are enforced by the Minister for Immigration and Border Protection. The specified resolutions are incorporated into Australian law, and individuals and entities named in these resolutions are considered 'UNSC-designated persons' under the Regulations. The scope of the Regulations can be extended or modified through additional legislative instruments made under the Migration Act 1958. The Regulations do not explicitly state any exclusions or exemptions but focus on enforcing the United Nations Security Council resolutions within the Australian context.

Key Provisions

The Migration (United Nations Security Council Resolutions) Regulations 2007 (the Regulations) provide a framework for the implementation of certain United Nations Security Council Resolutions (UNSCRs) in Australia. Regulation 4 of the Regulations defines 'resolution' as a UNSCR specified by the Minister through a legislative instrument. The explanatory statement details the specification of certain UNSCRs by the Minister, adding resolutions concerning Iran, Sierra Leone, the Democratic People’s Republic of Korea, Al-Qaida and the Taliban, and associated individuals and entities, Liberia, the Democratic Republic of the Congo, Côte d’Ivoire, Somalia, Sudan, Lebanon, and the State of Eritrea. These resolutions are specified to ensure individuals named within them are recognised as 'UNSC-designated persons' under Regulation 5 of the Regulations. The specified resolutions include UNSCR 1132 (1997) concerning Sierra Leone, UNSCR 1718 (2006) concerning the Democratic People’s Republic of Korea, and UNSCR 1267 (1999) concerning Al-Qaida and the Taliban, among others. The addition of UNSCRs 1737 (2006), 1747 (2007), and 1929 (2010) concerning Iran ensures that all relevant UNSC-designated persons are subject to the provisions of the Regulations. The Regulations impose obligations on Australian entities and individuals to comply with the sanctions and restrictions outlined in the specified UNSCRs. This includes prohibiting activities such as providing financial services, entering into transactions, and facilitating travel for UNSC-designated persons. The Regulations require entities to conduct due diligence and report any dealings with UNSC-designated persons to the relevant authorities. Australian citizens and permanent residents are also subject to these obligations when they are outside Australia. The Minister has the authority to issue directions and exemptions to ensure the effective implementation of the Regulations. Failure to comply with the Regulations can result in civil and criminal penalties. Under the Regulations, a person who contravenes a provision of the Regulations is liable to a penalty. For corporations, the maximum penalty is 500 penalty units ($96,500) for each contravention, while for individuals, the maximum penalty is 100 penalty units ($19,300) for each contravention. In addition to civil penalties, the Minister may refer matters to law enforcement agencies, which may result in criminal charges. A person who is found guilty of an offence under the Regulations may be subject to fines and imprisonment, with the maximum penalties varying depending on the nature of the offence. The Regulations also include provisions for the freezing of assets and other enforcement measures to ensure compliance with the specified UNSCRs.

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