Division Division 1 - Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014 - Sanctioned supply and sanctioned services to Central African Republic | Zoe
This regulation is the Charter of the United Nations (Sanctions—Central African Republic) Regulation 2014.
3 Authority
This regulation is made under the Charter of the United Nations Act 1945.
4 Definitions
In this regulation:
Act means the Charter of the United Nations Act 1945.
arms or related matériel includes the following:
(a) weapons;
(b) ammunition;
(c) military vehicles and equipment;
(d) paramilitary equipment;
(e) spare parts for the things mentioned in paragraphs (a) to (d).
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
Committee means the Committee established under paragraph 57 of Resolution 2127.
controlled asset means an asset that is owned or controlled, directly or indirectly, by:
(a) a designated person or entity; or
(b) a person or entity acting on behalf of or at the direction of a designated person or entity; or
(c) an entity owned or controlled by a designated person or entity.
designated person or entity means a person or entity designated by the Committee with respect to the measures imposed in paragraph 32 of Resolution 2134 (including those measures as extended by a later resolution).
export sanctioned goods has the meaning given by section 5.
MINUSCA means the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic.
paramilitary equipment means any of the following:
(a) batons, clubs, riot sticks or similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet‑resistant apparel; and
(ii) bullet‑resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg‑irons or other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.
protective clothing includes flak jackets and military helmets.
Resolution 2127 means Resolution 2127 (2013) of the Security Council, adopted on 5 December 2013.
Resolution 2134 means Resolution 2134 (2014) of the Security Council, adopted on 28 January 2014.
Resolution 2499 means Resolution 2499 (2019) of the Security Council, adopted on 15 November 2019.
sanctioned service has the meaning given by section 6.
sanctioned supply has the meaning given by section 7.
5 Definition of export sanctioned goods
Export sanctioned goods means arms or related matériel.
6 Definition of sanctioned service
Sanctioned service:
(a) means the provision to the Central African Republic of technical assistance, training, financial or other assistance, related to:
(i) military activities; or
(ii) the provision, maintenance or use of any arms or related matériel; and
(b) includes the provision to the Central African Republic of armed mercenary personnel whether or not originating in Australia.
7 Definition of sanctioned supply
A person makes a sanctioned supply if:
(a) the person supplies, sells or transfers goods to another person; and
(b) the goods are export sanctioned goods; and
(c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to the Central African Republic.
Part 2—UN sanction enforcement laws
Note: See section 2B of the Act.
Division 1—Sanctioned supply and sanctioned services to Central African Republic
8 Prohibitions relating to a sanctioned supply
(1) A person contravenes this subsection if:
(a) the person makes a sanctioned supply; and
(b) the sanctioned supply is not an authorised supply under subsection (6).
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 9.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note: This has the effect that the offence has extraterritorial operation.
(4) A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen:
(a) 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; and
(b) the sanctioned supply is not an authorised supply under subsection (6).
(5) A body corporate contravenes this subsection if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity makes a sanctioned supply; and
(c) the sanctioned supply is not an authorised supply under subsection (6).
(6) An authorised supply is a sanctioned supply that is authorised by:
(a) a permit under section 9; or
(b) for a supply, sale or transfer in or from a foreign country—a permit:
(i) granted by the foreign country; and
(ii) properly granted by the foreign country; and
(iii) granted in a way that accords with the foreign country’s obligations under Resolution 2127 and any other relevant resolution.
Note: Other relevant resolutions could in 2014 be viewed on the United Nations’ website (http://www.un.org).
(7) A defendant to a charge under section 27 of the Act that relates to subsection (1), (4) or (5) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note: See section 13.3 of the Criminal Code.
(8) For an offence under section 27 of the Act that relates to subsection (1), (4) or (5), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a) false or misleading information provided by any person; or
(b) corrupt conduct by any person.
Note: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
9 Permit to make a sanctioned supply
(1) A person may apply to the Minister for a permit to make a sanctioned supply.
Note: Section 13A of the Act applies to a permit granted under this section.
(2) The Minister may grant the permit only if the sanctioned supply is one of the following:
(a) a supply that is intended solely for the support of, or use by, any of the following:
(i) MINUSCA;
(ii) a European Union training mission deployed in the Central African Republic;
(iii) French forces under the conditions provided by paragraph 52 of Resolution 2499;
(iv) the forces of a Member State providing assistance as mentioned in paragraph 11(2)(a);
(b) a supply of non‑lethal equipment that:
(i) is intended solely for the support of, or use in, the Central African Republic process of security sector reform, in coordination with MINUSCA; and
(ii) has been notified in advance to the Committee;
(c) a supply that:
(i) is to be brought into the Central African Republic by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the Central African Republic, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA; and
(ii) has been approved in advance by the Committee;
(d) a supply of non‑lethal military equipment that:
(i) is intended solely for humanitarian or protective use; and
(ii) has been notified in advance to the Committee;
(e) a supply of protective clothing that is to be temporarily exported to the Central African Republic by any of the following, for their personal use only:
(i) a member of the personnel of the United Nations;
(ii) a representative of the media;
(iii) a humanitarian or development worker;
(iv) a person associated with a person mentioned in subparagraphs (i) to (iii);
(f) a supply of small arms or other related equipment that:
(i) is intended solely for use in international‑led patrols providing security in the Sangha River Tri‑national Protected Area, or by armed wildlife rangers of the Chinko Project and the Bamingui‑Bangoran National Park, to defend against poaching, smuggling of ivory or arms, or other activities contrary to the national laws of the Central African Republic or the Central African Republic’s international legal obligations; and
(ii) has been notified in advance to the Committee;
(g) a supply of goods covered by subsection (2A) to the Central African Republic security forces (including State civilian law enforcement institutions) that:
(i) is intended solely for the support of, or use in, the Central African Republic process of security sector reform; and
(ii) has been notified in advance to the Committee;
(h) another supply of arms or related matériel that has been approved in advance by the Committee.
(2A) For the purposes of paragraph (2)(g), this subsection covers the following:
(a) weapons with a calibre of 14.5 millimetres or less;
(b) ammunition or components specially designed for such weapons;
(c) unarmed ground military vehicles;
(d) ground military vehicles mounted with weapons with a calibre of 14.5 millimetres or less;
(e) rocket‑propelled grenade launchers and ammunition for such launchers.
(3) The permit is subject to any conditions specified in the permit.
10 Prohibitions relating to a sanctioned service
(1) A person contravenes this subsection if:
(a) the person provides a sanctioned service; and
(b) the sanctioned service is not an authorised service under subsection (6).
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 11.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note: This has the effect that the offence has extraterritorial operation.
(4) A person contravenes this subsection if the person, whether or not in Australia, and whether or not an Australian citizen:
(a) uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service; and
(b) the sanctioned service is not an authorised service under subsection (6).
(5) A body corporate contravenes this subsection if:
(a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and
(b) the other body corporate or entity provides a sanctioned service; and
(c) the sanctioned service is not an authorised service under subsection (6).
(6) An authorised service is a sanctioned service that is authorised by:
(a) a permit under section 11; or
(b) for a service provided in a foreign country—a permit:
(i) granted by the foreign country; and
(ii) properly granted by the foreign country; and
(iii) granted in a way that accords with the foreign country’s obligations under Resolution 2127 and any other relevant resolution.
Note: Other relevant resolutions could in 2014 be viewed on the United Nations’ website (http://www.un.org).
(7) A defendant to a charge under section 27 of the Act that relates to subsection (1), (4) or (5) bears an evidential burden in relation to the matter in subparagraph (6)(b)(i).
Note: See section 13.3 of the Criminal Code.
(8) For an offence under section 27 of the Act that relates to subsection (1), (4) or (5), a permit is taken not to have been properly granted for subparagraph (6)(b)(ii) if the prosecution shows that the permit was granted on the basis of:
(a) false or misleading information provided by any person; or
(b) corrupt conduct by any person.
Note: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11 Permit to provide a sanctioned service
(1) A person may apply to the Minister for a permit to provide a sanctioned service.
Note: Section 13A of the Act applies to a permit granted under this section.
(2) The Minister may grant the permit only if the sanctioned service is one of the following:
(a) the provision of assistance, including operational and non‑operational training to the Central African Republic security forces (including State civilian law enforcement institutions), that:
(i) is intended solely for the support of, or use in, the Central African Republic process of security sector reform, in coordination with MINUSCA; and
(ii) has been notified in advance to the Committee;
(b) the provision of technical assistance or training that:
(i) is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use; and
(ii) has been notified in advance to the Committee;
(c) other provision of assistance or personnel that has been approved in advance by the Committee.
(3) The permit is subject to any conditions specified in the permit.
Division 2—Sanctions relating to designated persons or entities
11A Prohibition relating to dealings with designated persons or entities
(1) A person contravenes this section if:
(a) the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and
(b) the making available of the asset is not authorised by a permit under section 11C.
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 11C.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—Category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note 1: This has the effect that the offence has extraterritorial operation.
Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11B Prohibition relating to controlled assets
(1) A person contravenes this section if:
(a) the person holds a controlled asset; and
(b) the person:
(i) uses or deals with the asset; or
(ii) allows the asset to be used or dealt with; or
(iii) facilitates the use of the asset or dealing with the asset; and
(c) the use or dealing is not authorised by a permit under section 11C.
(2) For an offence under section 27 of the Act that relates to a contravention of subsection (1), strict liability applies to the circumstance that the use of, or dealing with, the asset is not authorised by a permit under section 11C.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Section 15.1 of the Criminal Code (Extended geographical jurisdiction—Category A) applies to an offence under section 27 of the Act that relates to a contravention of subsection (1).
Note 1: This has the effect that the offence has extraterritorial operation.
Note 2: This section is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11C Permit for assets and controlled assets
(1) The Minister may, on application, grant a person a permit authorising:
(a) the making available of an asset to a person or entity that would otherwise contravene subsection 11A(1); or
(b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 11B(1).
Note: Section 13A of the Act applies to a permit granted under this section.
(2) The application must be for a basic expense dealing, legally required dealing, contractual dealing, required payment dealing or extraordinary expense dealing as defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.
(3) The application must specify which kind of dealing mentioned in subsection (2) the application is for.
(4) If the application is for a basic expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only if 5 business days have passed since the notice was given, and the Committee has not advised against granting a permit to the applicant.
(5) If the application is for a legally required dealing, the Minister must notify the Committee of the application.
(6) If the application is for a required payment dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only if 10 business days have passed since the notice was given.
(7) If the application is for an extraordinary expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only with the approval of the Committee.
(8) The permit is subject to any conditions specified in the permit.
Note: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to this section.
Part 3—Miscellaneous
12 Delegations by the Minister
(1) The Minister may delegate the Minister’s powers and functions under this regulation (other than this power of delegation) to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) The delegation must be in writing.
(3) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.