Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-LIBYA) REGULATIONS 1994 NO. 131

Statutory Rules 1994 No. 131

Issued by the authority of the Minister of Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Libya) 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 1 December 1993 the Security Council adopted Resolution 883 ("the Resolution"), which imposed sanctions on Libya additional to those imposed by the Security Council following Libya's failure to comply with Security Council Resolution's 731 (92) and 748 (92), The purpose of the proposed Regulations is to implement those parts of the sanctions which could not be implemented under other legislation.

The new Regulations impose the following sanctions against Libya:

•        financial sanctions, as required by Operative Paragraph 3 of the Resolution, including exemptions for funds derived from the sale or supply of certain goods from Libya on or after 1 December 1992 , provided that such funds are paid into a bank account exclusively for these funds as required by Operative Paragraph 4 of the Resolution.

•        a prohibition on the provision of certain services to Libya relating to civil and military aviation, as required by Operative Paragraph 6 of the Resolution.

•        a prohibition on the provision of certain goods to Libya by Australian citizens outside Australia, as required by Operative Paragraph 5 of the Resolution.

•       measures to ensure that no claims can be brought by the Government or public authorities of Libya, or any Libyan national, or of any Libyan undertaking described in Operative Paragraph 3 of the Resolution, in connection with any contract or transaction whose performance is affected by the implementation of the Resolution, as required by Operative Paragraph 8 of the Resolution.