Charter of the United Nations (Sanctions—Haiti) Regulations 2025

This instrument, the Charter of the United Nations (Sanctions,Haiti) Regulations 2025, implements United Nations Security Council measures directed at Haiti by creating criminal prohibitions, an exceptions and permit regime, and asset‑control rules, under the authority of the Charter of the United Nations Act 1945 (the Act) (see s 3 and the instrument header). It commenced the day after registration, 6 December 2025 (s 2). Mechanically, the Regulations:

• Define the substantive scope of prohibited activity: supply, sale or transfer of "arms or related matériel" to Haiti (a "sanctioned supply", s 5), and the provision of "technical assistance, training, financial or other assistance" related to military activities or arms (a "sanctioned service", definition in s 4).
• Create offences by reference to section 27 of the Act for making a sanctioned supply or providing a sanctioned service when those are not authorised (ss 6(1)-(2), 8(1)-(2)); and extend extraterritorial jurisdiction via section 15.1 of the Criminal Code for those offences when relevant (ss 6(3), 8(3), 10(3), 11(3)).
• Permit certain authorised supplies and services via an application to the Minister (ss 7-9). Permissible categories are narrowly stated: supplies or services to or by the United Nations, a UN‑authorised mission, or a security unit operating under the command of the Government of Haiti and intended solely to further peace and stability in Haiti; limited non‑lethal military equipment for humanitarian/protective uses; or Committee‑approved items (ss 7(2), 9(2)).
• Prohibit making assets available to "designated persons or entities" and dealing with "controlled assets", with specific humanitarian exceptions and a permit route for authorised dealings (ss 10-11, 12-13). "Designated person or entity" is linked to the Committee under Resolution 2653 and Security Council decisions (s 4).
• Specify administrative procedures: how to apply for permits (ss 7(1), 9(1), 12(1)), what a permit must be (written and given to applicant, ss 7(3), 9(3), 13(7)), conditions attached to permits (ss 7(4), 9(4), 13(8)), and Ministerial delegation to the Department Secretary or SES employees (s 14).

The instrument links to UN Resolutions 2653 (2022) and 2752 (2024) in defining the Committee and in requiring foreign permits to accord with Resolution 2752 (definitions and ss 6(4)(b), 8(4)(b)). It also incorporates by reference the categories of permitted asset dealings from regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 (s 12(2)). The Regulations expressly preserve mechanisms that allow the Minister to invalidate permissions granted on false or misleading information as provided by s 13A of the Act (notes to ss 7, 9, 13). The document therefore operationalises the Security Council measures through criminal offences, a permit system, designated‑person/controlled‑asset controls and Ministerial/Committee notice and approval mechanics.

Several core legal concepts structure the Regulations and determine scope of application and exceptions.

• Sanctioned supply (s 5): a person "makes a sanctioned supply" if they supply, sell or transfer goods that are "arms or related matériel" and, as a direct or indirect result, the goods are transferred to Haiti. The definition captures transits and indirect transfers because of the "direct or indirect result" language. "Arms or related matériel" is defined to include weapons, ammunition, military vehicles and equipment, paramilitary equipment and spare parts (s 4). Paramilitary equipment is itself defined in detail and includes batons, body armour (including specific items), restraints and riot shields (s 4).
• Sanctioned service (s 4): defined as provision to Haiti of technical assistance, training, financial or other assistance related to military activities or to arms or related matériel. The combination of goods and services coverage mirrors common UN sanctions models: goods, services and technical assistance are separately forbidden unless authorised.
• Designated person or entity and controlled asset (s 4): "designated person or entity" ties identification to the Committee established under paragraph 19 of Resolution 2653, or to those to whom relevant Security Council measures apply by a Security Council decision. "Controlled asset" is broadly framed to capture assets owned or controlled directly or indirectly by a designated person or entity, assets of persons acting on their behalf or at their direction, or entities owned/controlled by designated persons or entities (s 4).
• Authorised supply/service (ss 6(4), 8(4)): an authorised supply/service can be authorised by a permit under these Regulations or, for activity in a foreign country, by a foreign country permit that is "properly granted" and consistent with Resolution 2752 and other relevant UN resolutions. The foreign‑permit route requires a defendant to adduce evidence about the foreign permit (evidential burden, ss 6(5), 8(5)), and the Regulations provide a basis for the prosecution to challenge the legitimacy of such foreign permits where they were granted on false or misleading information or corrupt conduct (ss 6(6), 8(6)).
• Offences and extraterritorial jurisdiction (ss 6(3), 8(3), 10(3), 11(3)): offences created are prosecuted under s 27 of the Act, and the Regulations explicitly apply Criminal Code s 15.1 (extended geographical jurisdiction,category A) to such offences, meaning extraterritorial application where the statutory criteria are met.
• Permit types and asset dealing categories (ss 12-13): asset dealings are framed around categories established in earlier regulations (Charter of the United Nations (Dealing with Assets) Regulations 2008 reg 5): basic expense, legally required, contractual, required payment, extraordinary expense. The Minister’s ability to grant permits for these categories is governed by specified notice and approval steps involving the Committee (s 13).

The Regulations have broad reach across commercial actors, service providers, transport operators, financial institutions, and persons who hold or control assets, both in Australia and overseas.

• Exporters, sellers and intermediaries of military goods. Any person who supplies, sells or transfers goods that fall within "arms or related matériel" (weapons, ammunition, military vehicles and equipment, paramilitary equipment, spare parts) and whose actions directly or indirectly result in those goods being transferred to Haiti risks contravention (s 5; s 6(1)). The "direct or indirect" wording implies manufacturers, brokers, freight forwarders and intermediaries could be caught if their transaction enables transfer to Haiti.
• Service providers and consultants. Those providing technical assistance, training, financial or other assistance related to military activities or to arms and related matériel are in scope (definition of "sanctioned service" and s 8(1)). This captures trainers, defence contractors, maintenance personnel, logistics personnel, and consultants.
• Transport operators. The Regulations expressly capture persons who use an Australian ship or Australian aircraft in the course of or for the purpose of making a sanctioned supply or providing a sanctioned service (ss 6(2), 8(2)). This applies whether or not the person is in Australia or an Australian citizen, and therefore affects shipping companies and airlines operating Australian‑flagged vessels or aircraft.
• Holders and controllers of assets. The "controlled asset" definition means banks, payment service providers, trustees, corporate registries, and persons or entities holding property that is owned or controlled by designated persons or acting at their direction must take action; holding and dealing with such assets without authorisation is prohibited (s 11(1)).
• Designated persons or entities. The persons and entities designated by the Committee under Resolution 2653 (or those to whom Security Council measures apply under a Security Council decision) are subject to restrictions on receiving assets and on dealings with their assets (s 4; ss 10-11).
• Humanitarian and international organisations. The Regulations carve out narrow authorisations for the United Nations, UN special agencies, international organisations, humanitarian organisations with UN observer status, NGOs participating in UN humanitarian response plans or clusters, and employees, grantees, subsidiaries or implementing partners of such organisations to receive or use funds or goods necessary for timely humanitarian assistance or to support basic human needs (ss 10(2)(b), 11(2)(b)). Those entities will still need to ensure their activities are properly documented and may need to seek permits where appropriate.

Duties and rights under the Regulations are primarily administrative (apply for permits, comply with conditions) and prohibitory (do not supply, provide services, or deal with assets without authorisation). Key obligations and entitlements include:

• Prohibition duties. Persons must not make a sanctioned supply or provide a sanctioned service unless it is an authorised supply/service (ss 6(1)-(2), 8(1)-(2)). Persons must not make assets available to a designated person or entity, unless authorised (s 10(1)-(2)). Persons must not hold or use controlled assets, or allow or facilitate their use, unless authorised (s 11(1)-(2)). These are mandatory prohibitions that create criminal liability under s 27 of the Act where contravened.
• Permit application rights. A person may apply, in writing, to the Minister for permits to make a sanctioned supply (s 7(1)), to provide a sanctioned service (s 9(1)), or to authorise asset dealings in respect of assets or controlled assets (s 12(1)). The instrument establishes a right to apply; it does not require the Minister to grant a permit outside the narrow statutory grounds.
• Conditions and written form. Permits must be in writing, given to the applicant, and are subject to any specified conditions (ss 7(3)-(4), 9(3)-(4), 13(7)-(8)). The written requirement establishes a documentary baseline for permitted activity and for challenge or enforcement.
• Ministerial discretion and procedural requirements. The Minister can grant permits only within enumerated categories. For supplies/services the permitted categories include UN bodies, UN missions, security units under the Haitian Government’s command, non‑lethal military equipment for humanitarian/protective use, or Committee‑approved items (ss 7(2), 9(2)). Permit applicants for asset dealings must select the asset category under regulation 5 of the Dealing with Assets Regulations 2008 (s 12(2)-(3)), and the Minister’s power to grant such permits depends on Committee notice and positive or negative decisions in certain instances (s 13).
• Committee notice and participation. For asset permits, the Minister must give notice to the Committee and in some cases may only grant the permit if the Committee does not object within defined time periods (basic expense: committee has 5 working days to make a negative decision after notice, s 13(2); required payment dealing: at least 10 working days' notice, s 13(5); extraordinary expense: Committee approval required, s 13(6)). For legally required dealings, notice suffices (s 13(3)). These provisions allocate procedural influence to the Committee.

The Regulations create prohibited conduct and link those breaches to prosecutorial enforcement under existing federal law; they do not themselves set penalty quantum within the text supplied. Key enforcement design features are:

• Offences are prosecuted under section 27 of the Charter of the United Nations Act 1945. The Regulations repeatedly state that contraventions of the prohibitions in ss 6, 8, 10 and 11 will constitute offences under s 27 of the Act (see ss 6(3), 8(3), 10(3), 11(3) referencing offences under s 27). The Regulations therefore rely on the Act to supply penalty provisions and sentencing ranges; the Regulations themselves do not specify monetary fines, imprisonment terms or civil penalty amounts.
• Extraterritorial jurisdiction. The Regulations apply section 15.1 of the Criminal Code (extended geographical jurisdiction,category A) to offences under s 27 of the Act that relate to contraventions of the specified prohibitions (ss 6(3), 8(3), 10(3), 11(3)). This provides for extraterritorial operation and subjects non‑resident persons who use Australian ships or aircraft, or otherwise meet the Criminal Code criteria, to Australian criminal jurisdiction for the listed offences.
• Evidential burden on defendant. Defendants bear an evidential burden in relation to foreign permits asserted as authorisations (ss 6(5), 8(5)). This is a procedural evidentiary rule: a defendant must raise evidence that a foreign permit authorised the activity; the prosecution then may respond. The Regulations also permit the prosecution to show foreign permits were improperly granted because of false/misleading information or corrupt conduct (ss 6(6), 8(6)), which, if proven, negates the foreign permit defence.
• Administrative invalidation mechanisms. The Regulations reference s 13A of the Act for invalidation of permissions granted on the basis of false or misleading information or documents (notes to ss 7, 9, 13). This provides an administrative remedy to cancel authorisations where the basis of grant is vitiated.
• Committee role in permits for asset dealings. For asset dealing permits, the Minister must notify the Committee and in some circumstances may only grant a permit if the Committee does not object within a specified time or explicitly approves (s 13(2), 13(3), 13(5)-(6)). Committee disapproval or non‑approval thus acts as a constraint on permit grant, and the text ties the Minister’s power to the Committee’s decision timetable.
• Formalities to be observed for a valid permit. Permits must be written and provided to the applicant (ss 7(3), 9(3), 13(7)), and are subject to conditions (ss 7(4), 9(4), 13(8)). Formal written conditions create a compliance baseline which, if breached, could be relied on in enforcement actions or in administrative invalidation.

The Regulations are explicitly designed to operate in concert with, and through, several existing statutory instruments and international obligations. The principal interactions in the text are:

• Charter of the United Nations Act 1945 (the Act). The Regulations are made under the Act (s 3), specify particular sections of the Regulations as UN sanction enforcement laws (notes in ss 6, 8, 10, 11), and link offences to section 27 of the Act (ss 6(3), 8(3), 10(3), 11(3)). The Act supplies the substantive criminal offence provisions and any penalty framework; the Regulations implement and detail how the UN measures are enforced domestically.
• Criminal Code 1995. The Regulations apply section 15.1 of the Criminal Code (extended geographical jurisdiction,category A) to the relevant offences (ss 6(3), 8(3), 10(3), 11(3)). They also reference section 13.3 of the Criminal Code concerning evidential burdens (ss 6(5), 8(5) refer to the defendant’s evidential burden). These references determine extraterritorial reach and the allocation of evidential responsibilities in prosecutions.
• Charter of the United Nations (Dealing with Assets) Regulations 2008. The Regulations require applicants for asset‑related permits to state which kind of dealing the application is for, using the dealing categories in regulation 5 of the 2008 Dealing with Assets Regulations (s 12(2)-(3)). The 2008 regulations therefore provide definitions and procedural categories,basic expense, legally required, contractual, required payment, extraordinary expense,that determine notice and approval pathways in s 13.
• UN Security Council Resolutions and Committee procedures. The instrument’s definitions and permit rules explicitly link to Resolution 2653 (Committee established under paragraph 19) and Resolution 2752 (foreign permit conformity requirement) (s 4 definitions; ss 6(4)(b), 8(4)(b)). The Minister’s requirement to give notice to "the Committee" and to act according to the Committee's decisions (s 13) binds domestic permit processes to the Committee’s oversight and to the Security Council’s designation process.
• Acts Interpretation Act 1901. The Regulations reference the Acts Interpretation Act (ss 34AA to 34A) in relation to delegation formalities when discussing Ministerial delegation (s 14, note). This sets the legal framework for valid delegation of Ministerial powers.
• Administrative law principles. Although not explicitly stated, administrative decisions to grant, refuse or condition permits (ss 7-9, 13) will be subject to judicial review and administrative law standards because the Minister’s exercise of power is regulatory. The Regulations require written permits and the giving of written notice (ss 7(3), 9(3), 13(7)), which provides a clear administrative record that would be relevant in review contexts.

The instrument contains internal commencement and provenance statements but records no later amendments in the text provided. The explicit amendment and commencement information are:

• The instrument is named the Charter of the United Nations (Sanctions,Haiti) Regulations 2025 (s 1).
• Commencement: "The whole of this instrument" commenced the day after registration, 6 December 2025 (s 2 and the commencement table).
• Authority: The instrument is made under the Charter of the United Nations Act 1945 (s 3) and dated 4 December 2025, signed by the Governor‑General and the Minister for Foreign Affairs.

The Regulations include notes explaining the commencement table is only for the instrument "as originally made" and will not be amended in the instrument for later amendments (note to s 2). Beyond that procedural statement, the instrument itself contains no amendment history entries, amending provisions, transitional arrangements or prior versions. It does cross‑reference other instruments (the Charter of the United Nations (Dealing with Assets) Regulations 2008, and the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 noted in the text) but does not amend them.

If subsequent amendments are made to this instrument after 6 December 2025, the instrument’s commencement note indicates the table will not be updated to show those later amendments; practitioners must therefore consult the consolidated or current version on the official register. The instrument also includes statutory notes pointing to s 13A of the Act regarding invalidation of permissions on the basis of false or misleading information, indicating that administrative invalidation is an existing mechanism that applies to permits granted under these Regulations (notes to ss 7, 9, 13).

Because the Regulations depend on the list of designated persons maintained by the Committee (s 4) and on the content of UN Resolutions (Resolution 2653 and Resolution 2752 are in the definitions), any evolutions in the Committee’s designations or further Security Council resolutions will effectively change the practical operation of the Regulations, even if the Regulations themselves are not amended. That is, the Regulations are structured to implement a moving UN regime; their substantive effect can expand or contract as the Committee makes designations or the Security Council adopts further relevant resolutions.

The instrument contains no litigation history or references to judicial decisions. It makes multiple references to statutory provisions that govern prosecution, evidential burdens and extraterritorial jurisdiction (section 27 of the Charter of the United Nations Act 1945; Criminal Code ss 15.1 and 13.3), but it does not reference any cases or judicial interpretations. The Regulations were made on 4 December 2025 and commenced on 6 December 2025 (s 2).

Because the Regulations are newly made and their criminal provisions operate by reference to the Act, litigation arising from their operation would likely be recorded against prosecutions brought under s 27 of the Act or judicial review proceedings challenging Ministerial permit decisions. The instrument itself, however, does not report any existing litigation, predecessors or judicial interpretations.

For practitioners preparing for potential litigation risk, the key points to monitor are: (a) criminal prosecutions under s 27 of the Act for unpermitted supplies, services or dealings; (b) challenges to the Minister’s exercise of discretion in granting or refusing permits (judicial review); (c) disputes about the validity or sufficiency of foreign permits relied upon as authorisations, including allegations of false or misleading information or corrupt conduct used to procure foreign permits (ss 6(6), 8(6)); and (d) the legal effect and scope of Committee decisions and the manner of their incorporation into domestic permit decisions (s 13). The instrument provides the procedural basis for those potential disputes but offers no litigation precedents.

Practitioners should note a number of specific, concrete traps and operational risks embedded in the text.

• Broad "direct or indirect" causation for shipments to Haiti (s 5). The sanctioned supply definition captures indirect transfers that result in goods being transferred to Haiti. This can expose intermediaries, brokers, freight forwarders and third‑party logistics providers to criminal risk even if they do not deliver directly to Haiti.
• Extraterritorial reach via Australian ships and aircraft (ss 6(2), 8(2)) and Criminal Code s 15.1 (ss 6(3), 8(3), 10(3), 11(3)). The Regulations capture conduct outside Australia if an Australian ship or aircraft is used, and otherwise may have extraterritorial effect through the Criminal Code, bringing non‑residents within reach.
• Narrowly drawn authorisations for supplies and services (ss 7(2), 9(2)). Permits are limited to UN bodies, UN‑authorised missions, Haitian security units under government command, non‑lethal equipment for humanitarian/protective use, or items pre‑approved by the Committee. Commercial exports to non‑state actors in Haiti are not authorised by the Regulations; reliance on a foreign permit is subject to strict tests (ss 6(4)(b), 8(4)(b)).
• Evidential burden on defendants (ss 6(5), 8(5)). If charged, the defendant must adduce evidence that a foreign permit was granted (an evidential burden). This is not an onus to prove beyond reasonable doubt, but it requires defendants to marshal admissible evidence early.
• Grounds for invalidating foreign permits (ss 6(6), 8(6)). The Regulations permit the prosecution to show that a foreign permit was improperly granted because of false or misleading information or corrupt conduct. If successful, this removes the foreign‑permit defence.
• Committee timing constraints for asset permits (s 13). For basic expense dealings the Committee has 5 working days to make a negative decision after notice is given (s 13(2)); required payment dealings require at least 10 working days’ notice before the Minister may grant a permit (s 13(5)); extraordinary expense dealing requires Committee approval (s 13(6)). These timings can delay transactions and cashflow, particularly for cross‑border bank transfers or urgent contractual obligations.
• Reliance on external definitions and instruments (s 12(2), notes). Asset dealing categories are adopted from reg 5 of the Dealing with Assets Regulations 2008. Applicants must correctly classify their dealing and satisfy the Minister and Committee according to that classification. Misclassification risks denial of permit or later invalidation under s 13A of the Act (note references in ss 7, 9, 13).

Compliance requires a combination of legal screening, documentary controls, permit application processes, and coordination with operational units (supply chain, shipping, finance). Steps to practical compliance tied to the Regulations:

1. Screening and designation checks. Regularly screen counterparties, customers, beneficiaries and ultimate recipients against the Committee’s list of "designated person or entity" under Resolution 2653 (definition in s 4). Maintain automated screening tools and manual escalation for potential matches. Record date, source and result of each check.
2. Classify goods and services precisely. Determine whether the goods you handle are "arms or related matériel" as defined (weapons, ammunition, military vehicles/equipment, paramilitary equipment, spare parts; s 4). For services, map services against the "sanctioned service" definition to see if they are assistance related to military activities or to arms/matériel (definition s 4). Err on the side of conservative classification where doubt exists, and seek legal advice.
3. Establish documentation and chain‑of‑custody protocols. Because a sanctioned supply includes indirect transfers where, as a direct or indirect result, goods reach Haiti (s 5), maintain contractual chain‑of‑custody records, end‑use certificates, bills of lading, consignee data, and transfer records to demonstrate whether transfer to Haiti was intended or occurred. Require warranties and indemnities in supply contracts that the goods will not be re‑exported to Haiti unless expressly authorised.
4. Obtain written permits where required. If the supply or service falls within permitted categories (UN, UN mission, Haitian government security unit under command, non‑lethal humanitarian equipment, or Committee‑approved), apply in writing to the Minister for a permit (ss 7(1)-(2), 9(1)-(2)). Include precise project descriptions, intended end users, chain of custody and any Committee approvals if obtained. Ensure the permit, if granted, is in writing and kept with transaction records (ss 7(3), 9(3)).
5. For foreign permits, verify provenance and retention. If relying on a foreign country permit for an activity in a foreign country, obtain certified copies and contemporaneous evidence that the permit was "properly granted" and complies with Resolution 2752 and other relevant Security Council resolutions (ss 6(4)(b), 8(4)(b)). Preserve evidence to meet the defendant’s evidential burden if later challenged (ss 6(5), 8(5)). Vet foreign permitting authorities and corroborate the permit’s authenticity and procedural correctness.