Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS-ANGOLA) REGULATIONS (AMENDMENT)1997 NO. 392

Statutory Rules 1997 No. 392

Issued by the authority of the Minister of Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions-Angola) Regulations (Amendment)

Section 6 of the Charter of the United Nations Act 1945 ("the Act") provides that the GovernorGeneral 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 instructions require Australia to apply measures not involving the use of armed force.

On 29 October 1997 the United Nations Security Council decided by virtue of Resolution 1135 to impose further sanctions against the Uniao Nacional para a Independencia Total de Angola (UNITA) as envisaged in Resolution 1127 of 28 August 1997, owing to a lack of significant progress in the peace process with the Government of Angola and the failure of UNITA to comply fully with its obligations under the Lusaka Protocol. The resolution requires states to take the necessary measures to impose travel restrictions on senior UNITA officials and adult members of their families, to close overseas UNITA offices, and to prohibit flights of aircraft or supply of aircraft components or engineering or servicing of UNITA aircraft.

The purpose of the proposed amendments to the Charter of the United Nations (Sanctions-Angola) Regulations is to implement those parts of the sanctions against UNITA which could not be implemented under other legislation. The Amending Regulations impose the following additional sanctions against UNITA: a prohibition on flights of aircraft by or for UNITA; a prohibition on the supply of aircraft or aircraft components to UNITA; and a prohibition on insurance, engineering and servicing of UNITA aircraft.