Commonwealth legislation

Charter of the United Nations (Sanctions—South Sudan) Regulation 2015

In ForceCTH

Jurisdiction

Commonwealth

Act Number

141 of 2015

Collection

legislative instrument

Plain English Summary

7/10 complexity

This regulation gives domestic effect to UN Security Council sanctions on South Sudan by criminalising the supply of arms, related services, and dealings with assets linked to designated persons or entities unless authorised. It applies to individuals and companies, to use of Australian ships and aircraft, and to conduct outside Australia.

The Minister issues written permits (often subject to Committee notice or approval); strict‑liability and evidential‑burden rules apply and permits can be invalidated for false information. Exporters, service providers and asset‑holders must obtain authorisation or face criminal liability.

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What it does

This regulation gives statutory effect in Australian law to United Nations Security Council measures directed at South Sudan by creating criminal prohibitions, permit regimes and asset controls. Mechanically, it does three things.

First, it criminalises the supply to South Sudan of arms or related matériel and the provision of related technical, training, financial or other assistance unless an express statutory authorisation exists. The definition of a sanctioned supply is a supply, sale or transfer of goods that are arms or related matériel where, as a direct or indirect result, the goods are transferred to South Sudan (s 4A). The complementary definition of a sanctioned service captures technical assistance, training, financial or other assistance related to military activities or the provision, maintenance or use of any arms or related matériel, and expressly includes provision of armed mercenary personnel (s 4). The substantive prohibitions appear in s 4B (sanctioned supplies) and s 4D (sanctioned services).

Second, it creates an asset control regime targeted at persons and entities designated under the UN Security Council process in Resolution 2206. The instrument defines “designated person or entity” by reference to the Committee established under Resolution 2206 and provides separate prohibitions on making assets available to designated persons or entities (s 5) and on using, dealing with, allowing, or facilitating use of a controlled asset (s 6). It also establishes a permit process for otherwise prohibited dealings with assets or controlled assets (s 7).

Third, the regulation sets out administrative mechanics for authorisations and decision‑making. Persons may apply in writing to the Minister for permits to make sanctioned supplies (s 4C), to provide sanctioned services (s 4E) and to deal with assets or controlled assets (s 7). Permits must be in writing and are subject to conditions (s 4C(3)-(4); s 4E(3)-(4); s 7(9)-(10)). The text prescribes matters of process and foreign recognition: an authorised supply may be a supply authorised by a foreign permit so long as the foreign permit was properly granted and accords with Resolution 2428 (s 4B(6)(b)); similar recognition appears at s 4D(6)(b) for services. The Minister may delegate powers to the Secretary or specified senior executives (s 8).

Current sections

Direct links to the current provisions in Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

Part 1

Preliminary

Part 1—Preliminary

Name

1 Name

This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

Authority

3 Authority

This instrument is made under the Charter of the United Nations Act 1945.

Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset;
(b) UN sanction enforcement law.

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(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.

authorised service has the meaning given by subsection 4D(6).

authorised supply has the meaning given by subsection 4B(6).

Committee means the Committee established under paragraph 16 of Resolution 2206.

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:

(a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or
(b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.

paramilitary equipment means any of the following:

(a) batons, clubs, riot sticks and 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 and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.

protective clothing includes flak jackets and military helmets.

Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.

Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.

sanctioned service:

(a) means the provision to South Sudan 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 South Sudan of armed mercenary personnel whether or not originating in Australia.

sanctioned supply has the meaning given by section 4A.

Definition of sanctioned supply

4A 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 arms or related matériel; and (c) as a direct or indirect result of the supply, sale or transfer, the goods are transferred to South Sudan.

Part 2

UN sanction enforcement laws

Part 1—Preliminary

1 Name

This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

3 Authority

This instrument is made under the Charter of the United Nations Act 1945.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset;
(b) UN sanction enforcement law.

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(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.

authorised service has the meaning given by subsection 4D(6).

authorised supply has the meaning given by subsection 4B(6).

Committee means the Committee established under paragraph 16 of Resolution 2206.

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:

(a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or
(b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.

paramilitary equipment means any of the following:

(a) batons, clubs, riot sticks and 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 and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.

protective clothing includes flak jackets and military helmets.

Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.

Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.

sanctioned service:

(a) means the provision to South Sudan 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 South Sudan of armed mercenary personnel whether or not originating in Australia.

sanctioned supply has the meaning given by section 4A.

4A Definition of sanctioned supply

Part 2—UN sanction enforcement laws

Division 1—Sanctioned supplies and sanctioned services

4B 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. (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under section 4C. (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 subsection has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) the person uses the services of an Australian ship or an Australian aircraft to transport arms or related matériel in the course of, or for the purpose of, making a sanctioned supply; and (b) the sanctioned supply is not an authorised supply. (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. (6) An authorised supply is a sanctioned supply that is authorised by: (a) a permit under section 4C; 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 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of 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 a contravention of subsection (1), (4) or (5), a permit is taken not to have been properly granted for the purposes of 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.

4C Permit to make a sanctioned supply

(1) A person may apply, in writing, to the Minister for a permit to make a sanctioned supply. (2) The Minister may grant the permit only if the sanctioned supply is one of the following: (a) a sanctioned supply of arms or related matériel that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including: (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and (ii) a member of the personnel of the United Nations Interim Security Force for Abyei; (b) a sanctioned 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; (c) a sanctioned supply of protective clothing that is to be temporarily exported to South Sudan 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 any of subparagraphs (i) to (iii); (d) a sanctioned supply of arms or related matériel that: (i) is to be temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan; and (ii) has been notified to the Committee; (e) a sanctioned supply of arms or related matériel that: (i) is to be made to or in support of the African Union Regional Task Force; and (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and (iii) has been notified in advance to the Committee; (f) a sanctioned supply of arms or related matériel that is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428); (g) another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee. (3) The permit must be: (a) in writing; and (b) given to the applicant. (4) The permit is subject to any conditions specified in the permit.

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

4D 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. (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the provision of the sanctioned service is not authorised by a permit under section 4E. (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 subsection has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) 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; and (b) the sanctioned service is not an authorised service. (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. (6) An authorised service is a sanctioned service that is authorised by: (a) a permit under section 4E; 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 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

4E Permit to provide a sanctioned service

(1) A person may apply, in writing, to the Minister for a permit to provide a sanctioned service. (2) The Minister may grant the permit only if the sanctioned service is one of the following: (a) training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including: (i) a member of the personnel of the United Nations Mission in the Republic of South Sudan; and (ii) a member of the personnel of the United Nations Interim Security Force for Abyei; (b) 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) technical training or assistance that: (i) is to be provided to or in support of the African Union Regional Task Force; and (ii) is intended solely for regional operations to counter the Lord’s Resistance Army; and (iii) has been notified in advance to the Committee; (d) technical training or assistance that is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428); (e) the provision of other assistance or personnel that has been approved in advance by the Committee. (3) The permit must be: (a) in writing; and (b) given to the applicant. (4) The permit is subject to any conditions specified in the permit.

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Division 2—Sanctions relating to assets and controlled assets

5 Prohibition relating to dealings with designated persons or entities

(1) A person contravenes this subsection 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 7. (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under section 7. (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: Subsection (3) 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.

6 Prohibition relating to controlled assets

(1) A person contravenes this subsection 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, or the dealing with, the asset; and (c) the use or dealing is not authorised by a permit under section 7. (2) For an offence under section 27 of the Act that relates to a contravention of subsection (1) by an individual, strict liability applies to the circumstance that the use of, or dealing with, the asset is not authorised by a permit under section 7. (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: Subsection (3) 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.

7 Permit for assets and controlled assets

Application for permit (1) A person may apply, in writing, to the Minister for a permit authorising: (a) the making available of an asset that would otherwise contravene subsection 5(1); or (b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 6(1). (2) The application must be for a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing within the meaning of regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. (3) The application must state which kind of dealing the application is for. Grant of permit (4) If the application is for a basic expense dealing, the Minister: (a) must give the Committee notice of the application; and (b) may grant the permit only if the Committee does not make a negative decision in relation to the application within 5 working days after the notice is given. (5) If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application. (6) If the application is for a contractual dealing, the Minister may grant the permit. (7) If the application is for a required payment dealing, the Minister may grant the permit only after giving the Committee at least 10 working days’ notice. (8) If the application is for an extraordinary expense dealing, the Minister: (a) must give the Committee notice of the application; and (b) may grant the permit only with the Committee’s approval. (9) The permit must be: (a) in writing; and (b) given to the applicant. (10) The permit is subject to any conditions specified in the permit.

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Part 3—Miscellaneous

8 Delegations by the Minister

(1) The Minister may delegate the Minister’s powers and functions under this instrument (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.

Division 1

Sanctioned supplies and sanctioned services

Part 1—Preliminary

1 Name

This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

3 Authority

This instrument is made under the Charter of the United Nations Act 1945.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset;
(b) UN sanction enforcement law.

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(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.

authorised service has the meaning given by subsection 4D(6).

authorised supply has the meaning given by subsection 4B(6).

Committee means the Committee established under paragraph 16 of Resolution 2206.

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:

(a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or
(b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.

paramilitary equipment means any of the following:

(a) batons, clubs, riot sticks and 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 and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.

protective clothing includes flak jackets and military helmets.

Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.

Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.

sanctioned service:

(a) means the provision to South Sudan 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 South Sudan of armed mercenary personnel whether or not originating in Australia.

sanctioned supply has the meaning given by section 4A.

4A Definition of sanctioned supply

Part 2—UN sanction enforcement laws

Division 1—Sanctioned supplies and sanctioned services

4B Prohibitions relating to a sanctioned supply

Note: This subsection has the effect that the offence has extraterritorial operation.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

4C Permit to make a sanctioned supply

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

4D Prohibitions relating to a sanctioned service

Note: This subsection has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) 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; and (b) the sanctioned service is not an authorised service. (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. (6) An authorised service is a sanctioned service that is authorised by: (a) a permit under section 4E; 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 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

4E Permit to provide a sanctioned service

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Division 2—Sanctions relating to assets and controlled assets

5 Prohibition relating to dealings with designated persons or entities

Note 1: Subsection (3) 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.

6 Prohibition relating to controlled assets

Note 1: Subsection (3) 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.

7 Permit for assets and controlled assets

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Part 3—Miscellaneous

8 Delegations by the Minister

Prohibitions relating to a sanctioned supply

4B Prohibitions relating to a sanctioned supply

Note: This subsection has the effect that the offence has extraterritorial operation.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

Permit to make a sanctioned supply

4C Permit to make a sanctioned supply

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Prohibitions relating to a sanctioned service

4D Prohibitions relating to a sanctioned service

Note: This subsection has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) 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; and (b) the sanctioned service is not an authorised service. (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. (6) An authorised service is a sanctioned service that is authorised by: (a) a permit under section 4E; 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 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

Permit to provide a sanctioned service

4E Permit to provide a sanctioned service

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Division 2

Sanctions relating to assets and controlled assets

Part 1—Preliminary

1 Name

This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

3 Authority

This instrument is made under the Charter of the United Nations Act 1945.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset;
(b) UN sanction enforcement law.

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(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.

authorised service has the meaning given by subsection 4D(6).

authorised supply has the meaning given by subsection 4B(6).

Committee means the Committee established under paragraph 16 of Resolution 2206.

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:

(a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or
(b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.

paramilitary equipment means any of the following:

(a) batons, clubs, riot sticks and 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 and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.

protective clothing includes flak jackets and military helmets.

Resolution 2206 means Resolution 2206 (2015) of the Security Council, adopted on 3 March 2015.

Resolution 2428 means Resolution 2428 (2018) of the Security Council, adopted on 13 July 2018.

sanctioned service:

(a) means the provision to South Sudan 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 South Sudan of armed mercenary personnel whether or not originating in Australia.

sanctioned supply has the meaning given by section 4A.

4A Definition of sanctioned supply

Part 2—UN sanction enforcement laws

Division 1—Sanctioned supplies and sanctioned services

4B Prohibitions relating to a sanctioned supply

Note: This subsection has the effect that the offence has extraterritorial operation.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

4C Permit to make a sanctioned supply

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

4D Prohibitions relating to a sanctioned service

Note: This subsection has the effect that the offence has extraterritorial operation.

(4) A person contravenes this subsection if, whether or not in Australia, and whether or not an Australian citizen: (a) 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; and (b) the sanctioned service is not an authorised service. (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. (6) An authorised service is a sanctioned service that is authorised by: (a) a permit under section 4E; 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 2428 and any other relevant resolution.

Note: Other relevant resolutions could in 2018 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 a contravention of 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.

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

4E Permit to provide a sanctioned service

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Division 2—Sanctions relating to assets and controlled assets

5 Prohibition relating to dealings with designated persons or entities

Note 1: Subsection (3) 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.

6 Prohibition relating to controlled assets

Note 1: Subsection (3) 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.

7 Permit for assets and controlled assets

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Part 3—Miscellaneous

8 Delegations by the Minister

Prohibition relating to dealings with designated persons or entities

5 Prohibition relating to dealings with designated persons or entities

Note 1: Subsection (3) 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.

Prohibition relating to controlled assets

6 Prohibition relating to controlled assets

Note 1: Subsection (3) 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.

Permit for assets and controlled assets

7 Permit for assets and controlled assets

Note: Section 13A of the Act deals with the invalidation of permissions etc. granted on the basis of false or misleading information or documents.

Part 3

Miscellaneous

Part 3—Miscellaneous

Delegations by the Minister

8 Delegations by the Minister

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

1 Name

This is the Charter of the United Nations (Sanctions—South Sudan) Regulation 2015.

3 Authority

This instrument is made under the Charter of the United Nations Act 1945.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset;
(b) UN sanction enforcement law.

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes:

(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(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.

authorised service has the meaning given by subsection 4D(6).

authorised supply has the meaning given by subsection 4B(6).

Committee means the Committee established under paragraph 16 of Resolution 2206.

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:

(a) designated by the Committee for the purposes of paragraph 12 of Resolution 2206; or
(b) to whom the measures mentioned in paragraph 12 of Resolution 2206 apply under a decision of the Security Council.

paramilitary equipment means any of the following:

(a) batons, clubs, riot sticks and 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 and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips.

Compliance under this regulation requires an integrated approach combining legal due diligence, robust operational controls, documentation protocols, permit application workflows and awareness of international coordination requirements. The following steps draw directly from the instrument’s mechanics and the procedural elements it prescribes.

Map products and services against statutory definitions

Identify whether goods you supply are “arms or related matériel” as defined (s 4). The definition expressly includes weapons, ammunition, military vehicles and equipment, paramilitary equipment and relevant spare parts. Do not assume non‑lethal or civilian labelling is determinative; compare product specifications against the regulation’s enumerated categories.
Identify whether services you provide fall within the “sanctioned service” definition (s 4). This includes technical assistance, training, financial or other assistance related to military activities or to the provision, maintenance or use of arms, and specifically includes provision of armed mercenary personnel.

Implement end‑use and end‑user due diligence

Because s 4A(c) captures transfers that result in goods being transferred to South Sudan as a direct or indirect result, implement end‑use and end‑user verification systems that map the downstream supply chain. Contracts should contain warranties and covenants on final destination and re‑export controls. Where possible, obtain end‑use declarations, destination certificates, or third‑party assurances.
Screen counterparties and beneficial owners against UN Committee designation lists (Resolution 2206 supervisory lists) to identify designated persons or entities. The instrument’s asset measures (ss 5-7) apply where assets are owned or controlled by a designated person or entity (s 4).

Avoid using Australian ships or aircraft for at‑risk movements unless authorised

The instrument captures use of Australian ships and aircraft in relation to sanctioned supplies and services (ss 4B(4), 4D(4)). Logistics planners should avoid routing potentially regulated arms or related matériel or services on Australian‑flagged vessels or aircraft without verified permits.

Design a permit‑first workflow and calendar

For any supply or service that could be a sanctioned supply or sanctioned service, apply for a permit before moving goods or performing services (s 4C(1), 4E(1)). For assets and controlled assets, apply under s 7(1) and ensure the application is prepared in writing and specifies which category of dealing is sought in line with regulation 5 of the 2008 Regulations (s 7(2)-(3)).
Factor in Committee notice and approval timeframes: basic expense dealings require the Minister to give notice and a 5 working day window without a negative decision for grant (s 7(4)); required payment dealings require at least 10 working days’ notice (s 7(7)); extraordinary expenses require the Committee’s approval (s 7(8)). Build these waiting periods into transaction timetables.

Prepare robust supporting documentation for foreign permit recognition

If relying on a foreign permit for supplies or services in or from a foreign country (s 4B(6)(b), 4D(6)(b)), obtain certified copies of the foreign permit, translations where necessary, and evidence that the foreign permitting process complied with obligations under Resolution 2428 and other relevant resolutions. Because the defendant bears an evidential burden to show a foreign permit was granted (s 4B(7), 4D(7)), keep contemporaneous records that can be tendered in court if required.
Also pre‑assess risks that a foreign permit could be challenged as improperly granted if procured by false or misleading information or corrupt conduct; maintain audit trails of the permit application submission and any communications.

Apply corporate governance controls to address “effective control” and strict liability risks

Corporate groups should map control relationships and implement compliance walls where subsidiaries engage in activities that might be regulated by the instrument. The body corporate exposure for “effective control” of another entity making a sanctioned supply or providing a sanctioned service (s 4B(5), 4D(5)) means head offices must monitor subsidiary activities and contractually limit risk where appropriate.
Given strict liability applies for individuals as to authorisation elements (ss 4B(2), 4D(2), 5(2), 6(2)), implement training, written sign‑off processes and management approvals to ensure no employee acts before permit confirmation. Record approvals centrally with timestamps and document retention policies.

Asset handling and custodian procedures

Financial institutions, custodians and trustees must flag controlled assets (s 4) and implement transaction monitoring to prevent making assets available to designated persons or entities without a permit (s 5). Account onboarding and transaction screening should include UN lists and permit checks.
Where asset dealings are contemplated, structure requests to fit one of the permitted categories in regulation 5 of the 2008 Regulations, be explicit in the s 7 application as to which category is invoked, and prepare explanatory material that anticipates Committee notice periods.

Manage permits and conditions actively

Ensure all permits are obtained in writing and that a copy is held on file (s 4C(3), 4E(3), 7(9)). Permits may be conditional (s 4C(4), 4E(4), 7(10)); maintain compliance checklists tied to permit condition schedules so that any continuing obligations (reporting, restrictions on re‑export, record keeping) are met.
Keep documentary proof of compliance with permit conditions, as s 13A of the Act and the instrument’s notes indicate permissions may be invalidated if given on a false or misleading basis.

Engage early with government and the UN Committee where appropriate

For complex or high‑value transactions that might be categorized as extraordinary expense dealings under s 7(2), expect that the Committee’s approval will be necessary (s 7(8)). Engage with the Department of Foreign Affairs and Trade or the responsible Minister’s office early to understand the information the Committee requires and to reduce processing delays.

Maintain export control and trade compliance integration

Integrate the regulation’s requirements into export control lists, internal sanctions policies and trade compliance tools. Cross‑reference internal export licence checks with the regulator’s permit processes and ensure that logistics providers are contractually obliged to notify if diversion or re‑routing is suspected.

Record retention and evidentiary preparations

Retain copies of all permits, communications with foreign authorities, Committee notices, end‑user undertakings and export control documentation. Because defendants must adduce evidence of foreign permits (s 4B(7), 4D(7)), institutional record retention will be key to defending prosecutions or civil exposures.

Review and update compliance manuals after changes to UN resolutions

The instrument ties recognition of foreign permits and some permit conditions to obligations under Resolution 2428 and any other relevant resolution (s 4B(6)(b), 4D(6)(b)). Monitor UN listings and relevant Security Council resolutions to ensure domestic permit reliance remains aligned with international obligations.

Legal review before novel or borderline transactions

For items of uncertain classification , particularly dual‑use items, protective clothing, spare parts, or services amenable to different technical descriptions , obtain a legal classification review before export or performance. The statutory definitions are precise and certain categories (for example, paramilitary equipment listed at s 4) will require careful technical assessment.

Summary

Compliance is primarily a forward‑looking exercise: obtain written permits before action, document foreign permits meticulously, avoid routing goods on Australian ships or aircraft unless authorised, build in Committee notice and approval timelines, and implement governance controls to address strict liability and “effective control” exposures. The instrument’s structure makes proactive authorisation and documentary proof the central compliance levers.