Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-ANGOLA) AMENDMENT REGULATIONS (NO.1) 1999 NO. 207

Statutory Rules 1999 No. 207

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Angola) Amendment Regulations (No. 1)

Section 6 of the Charter of the United Nations Act 1945 (the Act) provides that the Governor-General may make regulations for, and in relation to, giving effect to decisions that:

(a)       the Security Council has made under Chapter VII of the Charter of the United Nations; and

(b)       Article 25 of the Charter requires Australia to carry out;

in so far as those decisions require Australia to apply measures not involving the use of armed force.

On 12 June 1998 the United Nations Security Council decided in Resolution 1173 to prohibit the direct or indirect sale and supply of equipment used in mining or mining services, motorised vehicles, watercraft or spare parts for motorised vehicles or watercraft to areas of Angola to which State administration has not been extended. The resolution also obliges states to prohibit the import into their territories of diamonds not controlled through the Certificate of Origin regime of the Government of Unity and National Reconciliation. The resolution further obliges states to freeze all funds and financial resources within their own territories of the National Union for the Total Independence of Angola (UNITA) as an organisation or of senior officials of UNITA or adult members of their immediate families as designated pursuant to paragraph 11 of Security Council Resolution 1127 (1997).

The purpose of the amendments to the Charter of the United Nations (Sanctions -Angola) Regulations is to implement Australia's obligations under resolution 1173, in combination with amendments to the Customs (Prohibited Exports) Regulations, Customs (Prohibited Imports) Regulations and by notice under the Banking (Foreign Exchange) Regulations.

Details of the proposed Amending Regulations are as follows:

Amending Regulation 1 states the name of the regulations;

Amending Regulation 2 states that the Regulations commence on gazettal; and,

Amending Regulation 3 states that Schedule 1 to the Regulations amends the Charter of the United Nations (Sanctions -Angola) Regulations.

Schedule 1 sets out the Amendments as follows:

Item 1 states the name of the Regulations;

Item 2 makes a minor change to the wording of paragraph 1A(d);

Item 3 adds the prohibition on sale or supply of mining equipment and motorised vehicles, watercraft or spare parts for these;

Item 4 updates the definition of resolution 1127 to include resolutions 1135 and 1173;

Item 5 inserts a new regulation 3 which prohibits a person in Australia or a citizen of Australia from supplying a prohibited export to Angola;

Item 6 rephrases and clarifies the prohibition in Regulation 7 on using Australian aircraft or ships to deliver prohibited exports to Angola; and

Item 7 inserts a new Schedule 3 which lists places to which state administration has not been The purpose of the amendments to the Charter of the United Nations (Sanctions-Angola) Regulations is to implement these obligations by prohibiting the sale and supply of equipment used in mining or mining services, and of motorised vehicles, watercraft or spare parts for motorised vehicles or watercraft to areas of Angola to which State administration has not been extended.

The Amending Regulations commence on gazettal.