{"id":"F2013L00787","name":"Charter of the United Nations (Sanctions—the Taliban) Regulation 2013","slug":"charter-of-the-united-nations-sanctions-the-taliban-regulation-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"73 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":389971,"registerId":"commonwealth-F2013L00787-current","compilationNumber":null,"startDate":"2026-04-10","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 regulation","content":"#### 1 Name of regulation\n\n  This regulation is the Charter of the United Nations (Sanctions—the Taliban) Regulation 2013.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in this regulation are defined in the Act, including asset.\n\n  In this regulation:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes the following:\n\n    (a) weapons;\n    (b) ammunition;\n    (c) military vehicles and equipment;\n    (d) spare parts for the things mentioned in paragraphs (a) to (c);\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> Committee means the Committee established under paragraph 30 of Resolution 1988.\n\n> controlled asset means:\n\n    (a) an asset of a designated person or entity; or\n    (b) funds derived from an asset owned or controlled, directly or indirectly, by:\n    (i) a designated person or entity; or\n    (ii) a person acting on behalf of or at the direction of a designated person or entity.\n\n> designated person or entity means:\n\n    (a) the Taliban; or\n    (b) a person or entity that the Committee or the Security Council:\n    (i) designates for the purposes of paragraph 1 of Resolution 1988; or\n    (ii) decides is subject to the asset freeze measures relating to the Taliban.\n\n> Note: A list of designated persons and entities could in 2026 be viewed on the United Nations’ website (https://www.un.org).\n\n> export sanctioned goods has the meaning given by section 4.\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 paragraphs (a) to (e).\n\n> Resolution 1988 means Resolution 1988 (2011) of the Security Council, adopted on 17 June 2011.\n\n> sanctioned service has the meaning given by section 6.\n\n> sanctioned supply has the meaning given by section 5.\n\n> Security Council means the Security Council of the United Nations.\n\n> working day means a day that is not a Saturday, a Sunday or a public holiday.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Export sanctioned goods","content":"#### 4 Export sanctioned goods\n\n  For this regulation, export sanctioned goods means arms or related matériel.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Sanctioned supply","content":"#### 5 Sanctioned supply\n\n  For this regulation, 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 a designated person or entity.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Sanctioned service","content":"#### 6 Sanctioned service\n\n  For this regulation, sanctioned service means the provision of technical advice, assistance or training related to military activities to a designated person or entity.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"UN sanction enforcement laws","content":"## Part 2—UN sanction enforcement laws","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Prohibitions relating to sanctioned supply","content":"#### 7 Prohibitions relating to sanctioned supply\n\n  (1) A person contravenes this section if the person makes a sanctioned supply.\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 this section.\n\n> Note: Subsection (2) 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 section 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.\n  (4) A body corporate contravenes this section 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.\n\n> Note: This section 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":7},{"sectionNumber":"8","sectionType":"section","heading":"Prohibitions relating to sanctioned services","content":"#### 8 Prohibitions relating to sanctioned services\n\n  (1) A person contravenes this section if the person provides a sanctioned service.\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 this section.\n\n> Note: Subsection (2) 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 section if the person uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service.\n  (4) A body corporate contravenes this section 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.\n\n> Note: This section 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":8},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition relating to dealings with designated persons or entities","content":"#### 9 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this section if:\n    (a) the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and\n    (b) the making available of the asset is not authorised by a permit under section 11.\n  (2) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 11.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section 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":"10","sectionType":"section","heading":"Prohibition relating to controlled assets","content":"#### 10 Prohibition relating to controlled assets\n\n  (1) A person contravenes this section 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 the asset or dealing with the asset; and\n    (c) the use or dealing is not authorised by a permit under section 11.\n  (2) Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under section 11.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this section.\n\n> Note 1: Subsection (3) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This section 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":10},{"sectionNumber":"11","sectionType":"section","heading":"Permit for assets and controlled assets","content":"#### 11 Permit for assets and controlled assets\n\n  (1) The Minister may, on application, grant a person a permit authorising:\n    (a) the making available of an asset to a person or entity that would otherwise contravene subsection 9(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 10(1).\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this subsection.\n\n  (2) The application must be:\n    (a) for a basic expense dealing, contractual dealing or extraordinary expense dealing; or\n    (b) for:\n    (i) humanitarian assistance or other activities that support basic human needs in Afghanistan; or\n    (ii) for a use of, or dealing with, a controlled asset necessary to ensure the timely delivery of such assistance or to support such activities.\n\n> Note: For basic expense dealing, contractual dealing and extraordinary expense dealing, see regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.\n\n  (3) If paragraph (2)(a) applies, the application must specify which kind of dealing mentioned in that paragraph the application is for.\n  (4) If the 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 3 working days have passed since the notice was given, and the Committee has not advised against granting a permit to the applicant.\n  (5) If the 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) The 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 this regulation.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Delegations by Minister","content":"#### 12 Delegations by Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under this regulation (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":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of implementing UN Security Council Resolution 1988 sanctions against the Taliban. The scope remains tightly focused on arms embargoes, asset freezes, and military service prohibitions as originally contemplated by the UN sanctions regime. The permit system for humanitarian assistance (section 11(2)(b)) reflects standard UN sanctions carve-outs rather than scope creep."},"complexity_factors":["13 defined terms in section 3, with several nested definitions (e.g., 'arms or related matériel' contains 5 sub-categories, 'paramilitary equipment' contains 6 sub-categories plus a catch-all for parts)","Cross-references to external instruments: Resolution 1988 (UN Security Council resolution), Charter of the United Nations Act 1945, Criminal Code, and Charter of the United Nations (Dealing with Assets) Regulations 2008","Extraterritorial operation provisions (sections 7-10) creating offences that apply outside Australia","Strict liability offences in sections 9 and 10 (no need to prove intent regarding permit status)","Corporate liability through 'effective control' test (sections 7(4) and 8(4))","Permit application process with conditional logic: different procedural requirements depending on whether application is for basic expenses (3 working day wait), extraordinary expenses (Committee approval required), or humanitarian assistance","Dual permit pathways in section 11(2) with overlapping categories"],"plain_english_summary":"This regulation gives force in Australian law to UN Security Council sanctions against the Taliban, criminalising supplying weapons or paramilitary gear, providing military training or technical advice, transferring funds or assets to the Taliban or listed entities, and using or moving frozen assets. It applies globally to everyone (including Australians and Australian-controlled foreign companies) and covers Australian ships and aircraft. Limited ministerial permits exist for basic living expenses, existing contracts, or humanitarian aid. Breaches attract prosecution under the Charter of the United Nations Act 1945."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation implements the UN measures described in Resolution 1988 and confines itself to prohibiting supplies of arms, specified services, and dealings with designated persons/assets while providing a permit pathway for humanitarian and specified dealings (ss 3, 4–6, 7–11). It extends application extraterritorially and to Australian ships/aircraft and bodies corporate with effective control, but the text does not expand the subject-matter beyond those sanctions and asset measures."},"complexity_factors":["Extraterritorial application of offences through application of Criminal Code s 15.1 as applied in ss 7(2), 8(2), 9(3) and 10(3) (creates cross-border reach).","Strict liability for the circumstance that a dealing is not authorised by a permit (ss 9(2), 10(2)) increases prosecution and compliance uncertainty for respondents.","Broad, technical definitions (eg, 'designated person or entity', 'controlled asset', 'arms or related matériel') in s 3 require interpretive work and link to UN determinations.","Corporate liability for entities that have 'effective control' over another corporate/entity actor (ss 7(4), 8(4)) creates complex attribution issues across jurisdictions.","Permit regime with differentiated procedures (basic, contractual, extraordinary dealing) and mandatory Committee notice or approval in s 11(2)–(5) adds administrative steps and external international engagement.","Cross-references to the Charter of the United Nations Act 1945, s 27 offences, and the Charter of the United Nations (Dealing with Assets) Regulations 2008 mean resolving scope and penalties requires consulting multiple instruments (see s 3 notes, s 11 note).","Delegation of ministerial powers to departmental officials (s 12) concentrates administrative discretion and necessitates governance controls for decision-making."],"plain_english_summary":"Implements UN Security Council measures against the Taliban by prohibiting the export of arms and related matériel, technical military assistance, and dealings with designated persons or assets, and by freezing controlled assets. It imposes compliance obligations and criminal liability on private persons and corporations, including those outside Australia, who supply sanctioned goods, provide sanctioned services, or deal with designated assets (ss 7–10); permits are available for humanitarian and specified dealings (s11). The rules reach Australian ships and aircraft and bodies corporate with effective control."},"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-the-taliban-regulation-2013","history":"/api/acts/charter-of-the-united-nations-sanctions-the-taliban-regulation-2013/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-the-taliban-regulation-2013/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-the-taliban-regulation-2013/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-the-taliban-regulation-2013/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-the-taliban-regulation-2013/documents"}}