Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS - ERITREA AND ETHIOPIA) REGULATIONS 2000 2000 NO. 247

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 247

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions - Eritrea and Ethiopia) Regulations 2000

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 17 May 2000, the Security Council passed resolution 1298, imposing sanctions against Eritrea and Ethiopia in an attempt to end the conflict between the two countries. The border dispute has been an issue since Eritrea declared independence from Ethiopia in 1993 and the conflict has added to problems of severe drought and famine and produced large additional flows of refugees. Resolution 1298 imposes a prohibition on the sale and supply of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, to Eritrea and Ethiopia. Resolution 1298 also obliges states to prevent any provision to Eritrea and Ethiopia of technical assistance or training related to the provision, manufacture, maintenance or use of military and related materiel. The resolution provides an exception in the case of supplies of non-lethal military equipment intended solely for humanitarian use approved in advance by the UN sanctions committee.

The purpose of these regulations is to implement Australia's obligations under resolution 1298, in combination with the Customs (Prohibited Exports) Regulations.

Details of the proposed Regulations are as follows:

Regulation 1 states the name of the regulations;

Regulation 2 states that the Regulations commence on gazettal; and

Regulation 3 states that the object of the Regulations is to assist in giving effect to resolution 1298 by restricting the supply of arms and related materiel to Eritrea and Ethiopia. Regulation 4 provides that the Regulations have extra-territorial operation according to their terms;

Regulation 5 defines 'arms and related materiel' and 'Resolution 1299';

Regulation 6 prohibits a person in Australia, or a citizen of Australia who is outside Australia, from, intentionally or recklessly, entering into, or continuing to engage in, an arrangement to sell, or supply, arms or related materiel for delivery to a place in Eritrea or Ethiopia, if the sale or supply is not in accordance with an approval by the Committee mentioned in paragraph 8 of resolution 1298, with a penalty of 50 penalty units;

Regulation 7 prohibits a person in Australia or a citizen of Australia from, intentionally or recklessly, entering into, or continuing to engage in, an arrangement to provide any technical assistance, or training, related to the provision, manufacture, maintenance or use, of arms or related materiel, to Eritrea or Ethiopia, if the provision of assistance or training is not in accordance with an approval given by the Committee mentioned in paragraph 8 of resolution 1298, with a penalty of 50 penalty units;

Regulation 8(1) prohibits the owner, pilot in command or operator of an aircraft registered in Australia from allowing, intentionally or recklessly, the aircraft to be used in relation to a matter proscribed by regulation 6 or 7, with a penalty of 50 penalty units;

Regulation 8(2) prohibits the owner, master or operator of a ship registered in Australia from allowing, intentionally or recklessly, the ship to be used in relation to a matter proscribed by regulation 6 or 7, with a penalty of 50 penalty units.


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