Charter of the United Nations (Sanctions — Angola) Regulations 1994
Statutory Rules 1994 No. 156 as amended
made under the
Charter of the United Nations Act 1945
Contents
Page
1 Name of Regulations [see Note 1] 3
1A Object 3
2 Interpretation 3
3 Prohibition on supplying mining equipment and motorised vehicles 4
4 Prohibition on supplying certain goods within Angola 4
5 Flights by certain aircraft 5
6 Prohibition of certain transactions relating to aircraft 5
7 Restriction on use of Australian aircraft and ships 6
Schedule 1 Prescribed entry points 7
Schedule 2 Goods to which regulation 4 applies 8
Schedule 3 Places to which state administration has not been extended 9
Part 1 Municipalities in the Province of Bie 9
Part 2 Communities in the Province of Bie 9
Part 3 Community in the Province of Cunene 9
Part 4 Municipalities in the Province of Huambo 9
Part 5 Communities in the Province of Huambo 10
Part 6 Communities in the Province of K. Kubango 10
Part 7 Communities in the Province of Malange 10
Part 8 Municipality in the Province of Moxico 11
Part 9 Communities in the Province of Moxico 11
Part 10 Communities in the Province of Uige 11
Notes 12
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1 Name of Regulations [see Note 1]
These Regulations are the Charter of the United Nations (Sanctions — Angola) Regulations 1994.
1A Object
The object of these Regulations is to assist in giving effect to resolutions of the Security Council of the United Nation, by preventing:
(a) the supply of military and similar goods, petroleum and petroleum products to UNITA; and
(b) flights of aircraft by or for UNITA; and
(c) the supply of any aircraft, or aircraft components, to UNITA; and
(d) the insurance, engineering and servicing of UNITA aircraft; and
(e) the supply of equipment used in mining or mining services to a place in Angola; and
(f) the supply of motorised vehicles or watercraft, or spare parts for those vehicles, to a place in Angola.
2 Interpretation
In these Regulations, unless the contrary intention appears:
petroleum means:
(a) a naturally occurring hydrocarbon in a gaseous, liquid or solid state; or
(b) a naturally occurring mixture of hydrocarbons in a gaseous, liquid or solid state; or
(c) a naturally occurring mixture of a hydrocarbon, or hydrocarbons, in a gaseous, liquid or solid state and one or more of the following:
(i) hydrogen sulphate;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide.
petroleum product means:
(a) a hydrocarbon, or mixture of hydrocarbons, produced:
(i) by subjecting petroleum to a process of refining; or
(ii) from a naturally occurring mineral from which any hydrocarbon, whether in the gaseous, liquid or solid state, may be produced; or
(b) a mixture of a hydrocarbon or hydrocarbons so produced with one or more other substances.
prescribed entry point means a place in Angola specified in Schedule 1.
Resolution 1127 means Resolution 1127 (1997) of the Security Council of the United Nations, as affected by Resolutions 1130 (1997), 1135 (1997) and 1173 (1998).
UNITA means União Nacional para a Independência Total de Angola.
3 Prohibition on supplying mining equipment and motorised vehicles
A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, supply an item mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 to a person if the item is to be delivered to a place in Angola.
Penalty: 50 penalty units.
4 Prohibition on supplying certain goods within Angola
(1) A citizen of Australia who is outside Australia must not, intentionally or recklessly, supply to a person goods specified in Schedule 2 if:
(a) the goods are to be delivered to a place in Angola; and
(b) the first place in Angola at which the goods are to be delivered is not a prescribed entry point.
Penalty: 50 penalty units.
5 Flights by certain aircraft
(1) A person in Australia must not permit, or purport to permit, an aircraft to take off from, or land in, Australia if the aircraft is destined to land at, or has taken off from, a place in the territory of Angola other than a place nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).
(2) Subregulation (1) does not apply to action in response to a medical emergency, or flights carrying food, medicine or other supplies essential for humanitarian needs approved, under paragraph 5 of Resolution 1127, by the Committee established under Resolution 864 (1993).
Penalty: 50 penalty units.
6 Prohibition of certain transactions relating to aircraft
(1) A person in Australia, or a citizen of Australia who is outside Australia, must not, intentionally or recklessly, enter into, or continue to engage in, an arrangement with a person:
(a) to make available for operation within Angola an aircraft; or
(b) to make available for use within Angola a component of an aircraft; or
(c) to provide engineering or maintenance servicing of:
(i) an aircraft registered under a law of Angola; or
(ii) a component of such an aircraft; or
(d) to provide a certificate of airworthiness for an aircraft registered under a law of Angola; or
(e) to pay an insurance claim made after the commencement of these Regulations in relation to an aircraft registered under a law of Angola; or
(f) to provide new, or renewed, direct insurance of an aircraft registered under a law of Angola.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply:
(a) for paragraphs (a) and (b) — to provision of an aircraft, or aircraft component, through a point of entry nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993); or
(b) for paragraphs (c), (d), (e) and (f) — to provision of a service or thing in relation to an aircraft:
(i) that has entered Angola through a point of entry that is a place described in subregulation 5 (1); or
(ii) nominated by the Government of Angola, under subparagraph 4 (d) of Resolution 1127, to the Committee established under Resolution 864 (1993).
7 Restriction on use of Australian aircraft and ships
(1) This regulation applies to a person who is:
(a) the owner, pilot in command or operator of an aircraft registered in Australia under the Civil Aviation Act 1988; or
(b) the owner, master or operator of a ship registered in Australia under the Shipping Registration Act 1981.
(2) The person must not, intentionally or recklessly, allow the aircraft or ship to be used within or outside Australia:
(a) in relation to a matter proscribed by paragraph 6 (1) (a), (b) or (c); or
(b) to supply to a person goods mentioned in Schedule 2 if:
(i) the goods are to be delivered to a place in Angola; and
(ii) the first place in Angola at which the goods are to be delivered is not a prescribed entry point; or
(c) to supply to a person an item mentioned in Schedule 14AA to the Customs (Prohibited Exports) Regulations 1958 if the item is to be delivered to a place in Angola mentioned in Schedule 3.
Penalty: 50 penalty units.