Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-REPUBLIC OF BOSNIA AND HERZEGOVINA) REGULATIONS 1994 NO. 448

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 448

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Republic of Bosnia and Herzegovina) Regulations

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 23 September 1994, the United Nations Security Council decided, by virtue of Resolution 942, to impose economic and financial sanctions targeting areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces. The Resolution strongly condemns the Bosnian Serbs for their refusal to accept the proposed territorial settlement and demands that they accept the settlement unconditionally. The purpose of the proposed Regulations is to implement those parts of the sanctions which could not be implemented under other legislation.

The Regulations impose the following sanctions against certain entities within, or with links to, areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces:

       economic sanctions against certain entities within, or with links to, areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces, in relation to activities in Australia.

       financial sanctions against certain entities within, or with links to, areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces, in relation to activities in Australia.

       a prohibition on the provision of services to areas within the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces.

The proposed regulations commenced on Gazettal.


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