13Prohibitions relating to dealings with designated persons or entities

13 Prohibitions relating to dealings with designated persons or entities

(1) A person contravenes this subregulation 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 under subregulation (2). (2) For paragraph (1)(b), the making available of the asset is authorised if it: (a) is authorised by a permit under regulation 15; or (b) consists of the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by any of the following: (i) the United Nations, or a specialised agency or program of the United Nations; (ii) a humanitarian organisation having observer status with the United Nations General Assembly that provides humanitarian assistance; (iii) an implementing partner of an organisation mentioned in subparagraph (ii), including a bilaterally or multilaterally funded non‑governmental organisation participating in the United Nations Humanitarian Response Plan for Somalia. (3) For an offence under section 27 of the Act that relates to a contravention of subregulation (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 15. (4) 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 subregulation (1).

Note: Subregulation (4) has the effect that the offence has extraterritorial operation.

(5) For the purpose of determining the matter in paragraph (2)(b), regard may be had to advice, an opinion or a recommendation given or made by the Committee.

Note: This regulation is specified as a UN sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.