EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 99

 

 

Charter of the United Nations (Sanctions – Sudan) Regulations 2005

 

The purpose of the proposed Regulations is to implement Australia’s obligations under United Nations Security Council Resolution (UNSCR) 1556 (30 July 2004).  This resolution requires States to take necessary measures to prevent the supply of arms or related materiel, whether by their nationals or from their territories, to non governmental entities and individuals, including the Janjaweed, operating in the Sudanese states of North Darfur, South Darfur and West Darfur.  The Resolution also requires States to take measures to prevent these non governmental entities or individuals from receiving training related to the provision, manufacture, maintenance or use of such arms or related materiel. 

 

Australia generally implements arms embargoes under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 administered by the Australian Customs Service.

 

The proposed Regulations would cover those aspects of the sanctions imposed by Resolution 1556 which cannot be implemented under existing regulations.  These would include extraterritorial aspects of the sanctions.  The proposed Regulations would place a prohibition on Australian nationals, whether inside or outside Australia, from providing arms or related materiel, or relevant training to non governmental entities and individuals in North Darfur, South Darfur and West Darfur which would violate the sanctions.  Following the terms of UNSCR 1556, the proposed Regulations make exception for the provision of supplies to peace support operations and supplies of non-lethal equipment for humanitarian or protective use. 

 

The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org).  Australia has an obligation under Article 25 of the United Nations Charter to carry out decisions of the Security Council.  All relevant Commonwealth Government Departments were consulted prior to the drafting of these proposed Regulations.