Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-AFGHANISTAN) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 196

STATUTORY RULES 2002 No. 196

Issued by the Authority of the Minister for Foreign Affairs

Subject:        Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Afghanistan) Amendment Regulations 2002 (No. 1)

Section 6 of the Charter of the United Nations Act 1945 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;

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

The purpose of the Regulations is to amend the Charter of the United Nations (Sanctions Afghanistan) Regulations 2001 to give effect to Security Council Resolution 1390. The effect of the Regulations is to update elements of the principal Regulations by amending references to the 'Taliban', in order that the scope of the Regulations includes reference to 'bin Laden entities' and 'Taliban entities'.

On 16 January 2002, the Security Council passed Resolution 1390 which, among other things, expressed the decision of the Security Council to continue the measures imposed by Resolution 1333 (2000) and take note of the continued application of the measures imposed by paragraph 4(b) of Resolution 1267 (1999).

The measures decided in Resolution 1390 (2002) include freezing assets of these entities (as per Resolution 1267), and the prevention of the direct or indirect supply, sale and transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, or arms and related matériel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance or training related to military activities.

Paragraph 4(b) of Resolution 1267 provides that States shall freeze funds and other financial resources, including funds derived or generated from property controlled directly or indirectly by the Taliban, or by any undertaking owned or controlled by the Taliban, as designated by the Committee established by paragraph 6 (of Resolution 1267), and ensure that neither they nor any other funds or financial resources so designated are made available, by their nationals or by any other persons within their territory, to or for the benefit of the Taliban or any undertaking owned or controlled, directly or indirectly, by the Taliban, except as authorised by the Committee on a case-by-case basis on the grounds of humanitarian need.

Paragraph 8(c) of Resolution 1333 (2000), among other things, provides that the Committee maintains an updated list, based on information provided by States and regional organisations, of the individuals and entities designated as being associated with Usama bin Laden, including those in the Al-Qaida organisation.

Resolution 1390 (2002) calls on States to take measures with respect to Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000).

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Charter of the United Nations (Sanctions - Afghanistan) Amendment Regulations 2002 (No. 1)

Details of the Regulations are as follows:

Regulation 1 states the name of the Regulations;

Regulation 2 states that the Regulations commence on gazettal;

Regulation 3 states that Schedule 1 amends the Charter of the United Nations (Sanctions Afghanistan) Regulations 2001 ('the principal Regulations');

Schedule 1 amends the principal Regulations as follows:

•       Regulation 3 of the principal Regulations is amended by omitting the words "and 1333" and inserting the words ", 1333 and 1390". Regulation 3 is also amended by omitting the references to "Taliban territory" contained in subparagraph 3(a)(i) and inserting references to "a place controlled by a bin Laden entity or a Taliban entity". References in subparagraph 3(a)(ii) to "the Taliban" are replaced with the words "a bin Laden entity or a Taliban entity". Paragraph 3(c) is amended to refer to "a bin Laden entity or a Taliban entity".

•       Regulation 6 of the principal Regulations is amended to insert a definition of "Resolution 1390".

•       Each mention of the words "in Taliban territory" in Subregulations 8(1), 8(3), 11(1), 11(3), 13(1) and 13(3) is omitted and the words "controlled by a bin Laden entity or a Taliban entity" inserted.

•       Each mention of the words "the Taliban" in Subregulations 9(1), 12(1) and 14(1) is omitted and the words "a bin Laden entity or a Taliban entity" are inserted.

•       Regulation 15 of the principal Regulations is amended by omitting the word "Interpretation" and substituting this with the heading "Definitions In this part:"