{"id":"F2008L01026","name":"Charter of the United Nations (Sanctions — Sudan) Regulations 2008","slug":"charter-of-the-united-nations-sanctions-sudan-regulations-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"51 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73171,"registerId":"commonwealth-F2008L01026-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the Charter of the United Nations (Sanctions—Sudan) Regulations 2008.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n These Regulations commence on the day after they are registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n The Charter of the United Nations (Sanctions—Sudan) Regulations 2005 are repealed.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In these Regulations:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n (a) weapons; and\n (b) ammunition; and\n (c) military vehicles and equipment; and\n (d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and\n (e) paramilitary equipment.\n\n> Australian aircraft has the same meaning as in the Criminal Code.\n\n> Australian ship has the same meaning as in the Criminal Code.\n\n> authorised operation means an operation, including an operation led by regional organisations, that is for any of the following purposes and is authorised by the United Nations or is carried out with the consent of the relevant parties:\n\n (a) monitoring purposes;\n (b) verification purposes;\n (c) peace support purposes.\n\n> Committee means the Committee established by subparagraph 3(a) of Resolution 1591.\n\n> Comprehensive Peace Agreement means the peace agreement between the Government of Sudan and the Sudan People’s Liberation Movement/Army, signed at Nairobi on 9 January 2005.\n\n> controlled asset means an asset that is, directly or indirectly, owned or controlled by:\n\n (a) a designated person or entity; or\n (b) a person acting on behalf of or at the direction of a designated person; or\n (c) an entity owned or controlled, directly or indirectly, by a designated person.\n\n> designated person or entity means a person or entity designated by the Committee or the Security Council for the purposes of subparagraph 3(c) of Resolution 1591.\n\n> export sanctioned goods has the meaning given by regulation 5.\n\n> non‑governmental entity or individual means any entity (including the Janjaweed) or individual who is not acting on behalf of the Government of Sudan.\n\n> N’djamena Ceasefire Agreement means the ceasefire agreement between the Government of Sudan, the Sudan Liberation Movement and the Justice and Equality Movement, signed at N’djamena on 8 April 2004.\n\n> paramilitary equipment means any of the following:\n\n (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;\n (b) body armour, including:\n (i) bullet‑resistant apparel; and\n (ii) bullet‑resistant pads; and\n (iii) protective helmets;\n (c) handcuffs, leg‑irons and other devices used for restraining prisoners;\n (d) riot protection shields;\n (e) whips;\n (f) parts and accessories designed or adapted for use in, or with, equipment mentioned in any of paragraphs (a) to (e).\n\n> protective clothing includes flak jackets and military helmets.\n\n> Resolution 1556 means Resolution 1556 (2004) of the Security Council, adopted on 30 July 2004.\n\n> Resolution 1591 means Resolution 1591 (2005) of the Security Council, adopted on 29 March 2005.\n\n> sanctioned service has the meaning given in regulation 7.\n\n> sanctioned supply has the meaning given in regulation 6.\n\n> Security Council means the United Nations Security Council.\n\n> Note: In these Regulations:\n\n (a) the Minister is the Minister for Foreign Affairs; and\n (b) asset has the meaning given in section 2 of the Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Export sanctioned goods","content":"#### 5 Export sanctioned goods\n\n For these Regulations, export sanctioned goods means arms or related matériel.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Sanctioned supply","content":"#### 6 Sanctioned supply\n\n A person makes a sanctioned supply if:\n (a) the person supplies, sells or transfers goods to another person; and\n (b) the goods are export sanctioned goods; and\n (c) as a direct or indirect result of the supply, sale or transfer the goods are transferred to Sudan.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Sanctioned service","content":"#### 7 Sanctioned service\n\n For these Regulations, sanctioned service means the provision to Sudan of technical training or assistance related to the provision, manufacture, maintenance or use of export sanctioned goods.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"UN sanction enforcement laws","content":"## Part 2—UN sanction enforcement laws","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Prohibitions relating to a sanctioned supply","content":"#### 8 Prohibitions relating to a sanctioned supply\n\n (1) A person contravenes this regulation if:\n (a) the person makes a sanctioned supply; and\n (b) the sanctioned supply is not an authorised supply.\n (1A) Strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 9.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note: This has the effect that the offence has extraterritorial operation.\n\n (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply that is not an authorised supply.\n (4) A body corporate contravenes this regulation if:\n (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n (b) the other body corporate or entity makes a sanctioned supply; and\n (c) the sanctioned supply is not an authorised supply.\n (5) For this regulation:\n\n> authorised supply means a sanctioned supply that is authorised by:\n\n (a) a permit under regulation 9; or\n (b) if the supply, sale or transfer takes place in or from a foreign country—a permit:\n (i) granted by the foreign country; and\n (ii) properly granted by the foreign country; and\n (iii) granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.\n (6) A defendant, to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4), bears an evidential burden in relation to the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (5).\n (7) For paragraph (b) of the definition of authorised supply in subregulation (5), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.\n\n> Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Permit to make a sanctioned supply","content":"#### 9 Permit to make a sanctioned supply\n\n (1) The Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.\n\n (2) The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the following table only if the sanctioned supply to which the permit relates is mentioned in the table in subregulation (3).\n\n```html\n

Persons

Item

Person

1

Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur

2

A party to the N’djamena Ceasefire Agreement

3

A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

\n```\n\n (3) The Minister may grant a permit authorising the making of a sanctioned supply to a person mentioned in the table in subregulation (2) only if the sanctioned supply to which the permit relates is mentioned in the following table.\n\n```html\n

Sanctioned supplies

Item

Sanctioned supply

1

A supply for an authorised operation

2

A supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use

3

A supply of protective clothing that is temporarily exported to Sudan for the personal use of any of the following:

(a) a member of the personnel of the United Nations;

(b) a person engaged in human rights monitoring;

(c) a representative of the media;

(d) a humanitarian or development worker or an associated person

4

A supply of military equipment and supplies for use in the territory of Darfur, including the states of North, South, East, West and Central Darfur, that is approved in advance by the Committee in response to a request by the Government of Sudan

\n```\n\n (4) The Minister must not grant a permit authorising a sanctioned supply unless the Minister has obtained sufficient end user documentation to ascertain that the supply will be conducted consistent with Resolution 1556 and Resolution 1591.\n (5) A permit is subject to any conditions specified in the permit.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Prohibitions relating to the provision of sanctioned services","content":"#### 10 Prohibitions relating to the provision of sanctioned services\n\n (1) A person contravenes this regulation if:\n (a) the person provides a sanctioned service; and\n (b) the sanctioned service is not an authorised service; and\n (c) the sanctioned service is not provided in relation to an authorised supply.\n (1A) Strict liability applies to the circumstance that the provision of a sanctioned service is not authorised by a permit under regulation 11.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note: This has the effect that the offence has extraterritorial operation.\n\n (3) A body corporate contravenes this regulation if:\n (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n (b) the other body corporate or entity provides a sanctioned service; and\n (c) the sanctioned service is not an authorised service; and\n (d) the sanctioned service is not provided in relation to an authorised supply.\n (4) For this regulation:\n\n> authorised service means a sanctioned service that is authorised by:\n\n (a) a permit under regulation 11; or\n (b) if the service is provided in a foreign country—a permit:\n (i) granted by the foreign country; and\n (ii) properly granted by the foreign country; and\n (iii) granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.\n\n> authorised supply means a sanctioned supply that is authorised by:\n\n (a) a permit under regulation 9; or\n (b) if the supply, sale or transfer takes place in or from a foreign country—a permit:\n (i) granted by the foreign country; and\n (ii) properly granted by the foreign country; and\n (iii) granted in a way that accords with the foreign country’s obligations under Resolution 1556 and Resolution 1591.\n (5) A defendant, to a charge under section 27 of the Act that relates to subregulation (1) or (3), bears an evidential burden in relation to:\n (a) the matter in subparagraph (b)(i) of the definition of authorised service in subregulation (4); and\n (b) the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (4).\n (6) For paragraph (b) of the definitions of authorised service and of authorised supply in subregulation (4), a permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.\n\n> Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Permit to provide a sanctioned service","content":"#### 11 Permit to provide a sanctioned service\n\n (1) The Minister may, on application, grant a person a permit authorising the provision of a sanctioned service.\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.\n\n (2) The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the following table only if the sanctioned service to which the permit relates is mentioned in subregulation (3).\n\n```html\n

Persons

Item

Person

1

Any non‑governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur

2

A party to the N’djamena Ceasefire Agreement

3

A belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

\n```\n\n (3) The Minister may grant a permit authorising the provision of a sanctioned service to a person mentioned in the table in subregulation (2) only if the sanctioned service to which the permit relates is:\n (a) for an authorised operation; or\n (b) provided in relation to a supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use.\n (4) A permit is subject to any conditions specified in the permit.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Prohibition relating to dealings with designated person or entity","content":"#### 12 Prohibition relating to dealings with designated person or entity\n\n (1) A person contravenes this regulation if:\n (a) the person directly or indirectly makes an asset available to, or for the benefit of:\n (i) a designated person; or\n (ii) a person acting on behalf of or at the direction of a designated person; or\n (iii) an entity owned or controlled, directly or indirectly, by a designated person; and\n (b) the making available of the asset is not authorised by a permit under regulation 14.\n (1A) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Prohibition relating to sanctions controlled assets","content":"#### 13 Prohibition relating to sanctions controlled assets\n\n (1) A person contravenes this regulation if:\n (a) the person holds a controlled asset; and\n (b) the person:\n (i) uses or deals with the asset; or\n (ii) allows the asset to be used or dealt with; or\n (iii) facilitates the use of, or the dealing with, the asset; and\n (c) the use or dealing is not authorised by a permit under regulation 14.\n (1A) Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under regulation 14.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Permit for dealing with or using sanctions controlled assets","content":"#### 14 Permit for dealing with or using sanctions controlled assets\n\n (1) The Minister may, on application, grant a person a permit authorising:\n (a) a making available of an asset that would otherwise contravene subregulation 12(1); or\n (b) a use of, or a dealing with, a controlled asset that would otherwise contravene subregulation 13(1).\n (2) An application must be for a basic expense dealing, a legally required dealing or an extraordinary expense dealing mentioned in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n (3) An application must specify which kind of dealing mentioned in subregulation (2) the application is for.\n (4) If an application is for a basic expense dealing, the Minister:\n (a) must notify the Committee of the application; and\n (b) may grant a permit only if a period of 2 working days has passed since notification was given and during that period the Committee has not advised against granting the permit.\n (5) If an application is for an extraordinary expense dealing, the Minister:\n (a) must notify the Committee of the application; and\n (b) may grant a permit only with the approval of the Committee.\n (6) If an application is for a legally required dealing, the Minister must not grant a permit unless the Minister notifies the Committee of the application before granting the permit.\n (7) A permit is subject to any conditions specified in the permit.\n\n> Note: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulation.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Delegations by Minister","content":"#### 15 Delegations by Minister\n\n (1) The Minister may delegate the Minister’s powers and functions under these Regulations (other than this power of delegation) to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n (2) The delegation must be in writing.\n (3) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.","sortOrder":17}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Regulation 3 expressly repeals the Charter of the United Nations (Sanctions—Sudan) Regulations 2005 and replaces them with this instrument. From the text supplied, the instrument continues and formalises enforcement of UN Resolutions 1556 and 1591 with specified permit categories, end‑user documentation obligations and Committee notification/approval procedures (see regs 8–14). Without the 2005 regulations text here, the supplied instrument shows a repeal-and-replace but does not allow a definitive comparison of substantive scope changes."},"complexity_factors":["Extraterritorial offences and operation of the Criminal Code to give offences cross‑border reach (regs 8(2), 10(2), 12(2), 13(2)).","Strict liability for lack of permit in key offences, lowering prosecution burden on mens rea (regs 8(1A), 10(1A), 12(1A), 13(1A)).","Broad and layered definitions (e.g. arms or related matériel, paramilitary equipment, controlled asset) that sweep many goods and services (reg 4; regs 5–7).","Detailed permit regimes with substantive and procedural conditions, end‑user documentation requirements and permit categories (regs 9–11, 14).","Interplay with a UN Committee that must be notified or give approval for some permits, creating international coordination steps (regs 9(4), 14(4)–(6)).","Evidential burdens placed on defendants for certain matters (regs 8(6), 10(5)), shifting evidentiary dynamics in prosecutions.","Dependency on other instruments and cross‑references (Charter of the United Nations Act 1945, the Charter of the United Nations (Dealing with Assets) Regulations 2008, UN Resolutions 1556 and 1591).","Delegation of ministerial powers to senior officials subject to ministerial directions, concentrating administrative discretion (reg 15)."],"plain_english_summary":"These Regulations implement UN Security Council sanctions on Sudan by prohibiting exports of arms and related matériel to Sudan, technical training/assistance linked to those goods, and dealings with designated persons or controlled assets. They create permit routes (with end‑user checks and Committee notification/approval), impose criminal penalties including strict liability and extraterritorial reach, and vest discretionary permitting and delegation powers in the Minister."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing UN sanctions regarding the Darfur conflict in Sudan. The 2008 version repeals and replaces the 2005 regulations without expanding beyond the core objectives of arms embargoes, technical assistance bans, and asset freezes targeting designated persons and entities involved in the Darfur situation."},"complexity_factors":["18 defined terms in the interpretation section, including nested definitions (e.g., 'arms or related matériel' contains 5 sub-categories, 'paramilitary equipment' contains 6 sub-categories plus a catch-all for parts and accessories)","Extensive cross-referencing to external instruments: UN Security Council Resolutions 1556 and 1591, the Comprehensive Peace Agreement, the N'djamena Ceasefire Agreement, the Criminal Code, and the Charter of the United Nations (Dealing with Assets) Regulations 2008","Conditional permit systems with dual-layer restrictions: regulations 9 and 11 require matching specific recipient categories (from a 3-item table) with specific supply/service categories (from a 4-item table for supplies, 2-item list for services)","Multiple overlapping exceptions and authorizations: 'authorised supply' and 'authorised service' each have dual pathways (Australian permit OR foreign permit meeting 3 cumulative conditions)","Strict liability offences with evidential burdens on defendants (regulations 8, 10, 12, 13)","Extraterritorial application provisions requiring reference to Criminal Code section 15.1","Corporate liability extension through 'effective control' tests for parent companies (regulations 8(4) and 10(3))","Three-tier asset dealing permit system (basic, legally required, extraordinary) with different notification/approval requirements for each (regulation 14)","Complex asset control definitions involving direct/indirect ownership and entities acting on behalf of designated persons"],"plain_english_summary":"These regulations implement UN sanctions on Sudan’s Darfur conflict by criminalising the supply of weapons, military equipment and related technical assistance to parties in Darfur and by freezing assets of UN‑designated individuals and entities. They apply to Australians and Australian ships/aircraft worldwide (including foreign subsidiaries of Australian parents) and to financial institutions holding designated assets, while allowing ministerial permits for limited humanitarian or UN‑authorised peacekeeping support."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008","history":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-sudan-regulations-2008/documents"}}