Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001
Statutory Rules 2001 No. 181 as amended
made under the
Charter of the United Nations Act 1945
This compilation was prepared on 29 August 2002
taking into account amendments up to SR 2002 No. 196
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents
Page
Part 1	Introductory
	1	Name of Regulations [see Note 1]	3
	2	Commencement	3
	3	Object	3
	4	Extra-territorial operation of Regulations	4
	5	Application of Criminal Code	4
	6	Definitions	4
Part 2	Restriction on supply of arms etc
	7	Application of Part	6
	8	Restriction on sale of arms etc	6
	9	Restriction on provision of technical assistance etc	6
	10	Prohibition on supply of acetic anhydride	7
Part 3	Restriction on use of Australian aircraft and ships
Division 3.1	Restriction on use of aircraft
	11	Use of aircraft for transfer of arms and related matériel	8
	12	Use of aircraft for transfer of technical assistance etc	8
Division 3.2	Restriction on use of ships
	13	Use of ships for transfer of arms and related matériel	9
	14	Use of ships for transfer of technical advice etc	9
Part 4	Financial sanctions
	15	Definitions	11
	16	Persons must not deal with Taliban or bin Laden assets	12
	17	Persons must not give assets to Taliban or bin Laden entities	13
Notes 	14

Part 1	Introductory
  
1	Name of Regulations [see Note 1]
		These Regulations are the Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001.
2	Commencement [see Note 1]
		These Regulations commence on gazettal.
3	Object
		The object of these Regulations is to assist in giving effect to Resolutions 1267, 1333 and 1390, concerning Afghanistan, by:
	(a)	preventing a person in Australia, or a citizen of Australia who is outside Australia, from doing anything that assists, or results in:
	(i)	arms or related matériel being sold, supplied or transferred to a place controlled by a bin Laden entity or a Taliban entity; or
	(ii)	technical advice, training and other assistance in relation to the military activities of the armed personnel of a bin Laden entity or a Taliban entity being sold, supplied or transferred to such an entity; or
	(iii)	acetic anhydride, a chemical used in the cultivation of opium poppy, being sold, supplied or transferred to a person in Taliban territory, or to a person for the purpose of an activity carried on in, or operated from, Taliban territory; and
	(b)	preventing the use of Australian aircraft or ships in relation to a matter mentioned in subparagraph (a) (i) or (ii); and
	(c)	preventing a person in Australia, or a citizen of Australia, from dealing with financial assets of a bin Laden entity or a Taliban entity.
4	Extra-territorial operation of Regulations
		These Regulations have extra-territorial operation according to their terms.
5	Application of Criminal Code
		Chapter 2 of the Criminal Code applies to all offences created by these Regulations.
Note 1   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2   For the meaning of strict liability, see section 6.1 of the Criminal Code.
6	Definitions
		In these Regulations:
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 (c).
asset has the meaning given by regulation 15.
Australian aircraft means an aircraft registered in Australia under the Civil Aviation Act 1988.
Australian ship means a ship registered in Australia under the Shipping Registration Act 1981.
bin Laden asset has the meaning given by regulation 15.
bin Laden entity has the meaning given by regulation 15.
Committee means the Committee established under paragraph 6 of Resolution 1267.
engage in conduct means do an act or omit to perform an act.
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;
	(f)	parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
protective clothing includes protective military jackets and helmets.
Resolution 1267 means Resolution 1267 (1999) of the Security Council of the United Nations.
Resolution 1333 means Resolution 1333 (2000) of the Security Council of the United Nations.
Resolution 1390 means Resolution 1390 (2002) of the Security Council of the United Nations.
Taliban asset has the meaning given by regulation 15.
Taliban entity has the meaning given by regulation 15.
Taliban territory means territory of Afghanistan that is under the control of the Taliban.

Part 2	Restriction on supply of arms etc
  
7	Application of Part
		This Part applies to a person in Australia or a citizen of Australia who is outside Australia.
8	Restriction on sale of arms etc
	(1)	A person must not engage in conduct that assists, or results in, the sale, supply or transfer of arms or related matériel to a place controlled by a bin Laden entity or a Taliban entity, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(3)	This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place controlled by a bin Laden entity or a Taliban entity, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.
Penalty:   50 penalty units.
9	Restriction on provision of technical assistance etc
	(1)	A person must not engage in conduct that assists, or results in, the sale, supply or transfer to armed personnel under the control of a bin Laden entity or a Taliban entity of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
Penalty:   50 penalty units.
10	Prohibition on supply of acetic anhydride
	(1)	A person must not engage in conduct that assists, or results in, the sale, supply or transfer of the chemical, acetic anhydride, to a person in a place in Taliban territory.
Penalty:   50 penalty units.
	(2)	A person must not engage in conduct that assists, or results in, the sale, supply or transfer of the chemical, acetic anhydride, to a person for the purpose of an activity carried on in, or operated from, Taliban territory.
Penalty:   50 penalty units.

Part 3	Restriction on use of Australian aircraft and ships
Division 3.1	Restriction on use of aircraft
11	Use of aircraft for transfer of arms and related matériel
	(1)	The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale, supply or transfer of arms or related matériel to a place controlled by a bin Laden entity or a Taliban entity, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(3)	This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place controlled by a bin Laden entity or a Taliban entity, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.
Penalty:   50 penalty units.
12	Use of aircraft for transfer of technical assistance etc
	(1)	The owner, pilot in command or operator of an Australian aircraft must not allow the aircraft to be used in a way that assists, or results in, the sale, supply or transfer to armed personnel under the control of a bin Laden entity or a Taliban entity of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
Penalty:   50 penalty units.
Division 3.2	Restriction on use of ships
13	Use of ships for transfer of arms and related matériel
	(1)	The owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale, supply or transfer of arms or related matériel to a place controlled by a bin Laden entity or a Taliban entity, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(3)	This regulation does not apply in relation to the sale, supply or transfer of protective clothing to a place controlled by a bin Laden entity or a Taliban entity, if the clothing is intended to be worn only by a member of the personnel of the United Nations, a representative of the media or a humanitarian worker.
Penalty:   50 penalty units.
14	Use of ships for transfer of technical advice etc
	(1)	The owner, master or operator of an Australian ship must not allow the ship to be used in a way that assists, or results in, the sale, supply or transfer to armed personnel under the control of a bin Laden entity or a Taliban entity of technical advice, training or other assistance in relation to military activities, if the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
	(2)	Strict liability applies to the physical element that the sale, supply or transfer is not in accordance with an approval given in advance, under paragraph 6 of Resolution 1333, by the Committee.
Penalty:   50 penalty units.
Part 4	Financial sanctions
  
15	Definitions
		In this Part:
asset includes the following:
	(a)	funds;
	(b)	financial assets;
	(c)	tangible and intangible assets;
	(d)	property rights;
	(e)	publicly and privately traded securities;
	(f)	publicly and privately traded debt instruments;
	(g)	income from, or proceeds from the sale of, assets mentioned in paragraphs (a) to (f).
bin Laden asset means:
	(a)	an asset owned or controlled directly or indirectly by a bin Laden entity; or
	(b)	an asset owned or controlled directly or indirectly by an entity that is owned or controlled directly or indirectly by a bin Laden entity; or
	(c)	an asset derived or generated from assets mentioned in paragraph (a) or (b).
bin Laden entity means:
	(a)	Usama bin Laden; or
	(b)	the Al-Qaida organisation; or
	(c)	an individual or entity designated by the Committee under paragraph 8 (c) of Resolution 1333 as being associated with Usama bin Laden. 
Taliban asset means:
	(a)	an asset owned or controlled directly or indirectly by a Taliban entity; or
	(b)	an asset owned or controlled directly or indirectly by an entity that is owned or controlled directly or indirectly by a Taliban entity; or
	(c)	an asset derived or generated from assets mentioned in paragraph (a) or (b).
Taliban entity means:
	(a)	the Taliban; or
	(b)	an undertaking designated by the Committee under paragraph 4 (b) of Resolution 1267 as being owned or controlled by the Taliban.
16	Persons must not deal with Taliban or bin Laden assets
	(1)	A person who holds a Taliban asset commits an offence if:
	(a)	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
	(b)	the person is reckless as to whether the asset is a Taliban asset; and
	(c)	the use or dealing is not in accordance with an authorisation by the Committee under paragraph 4 (b) of Resolution 1267.
Penalty:   50 penalty units.
	(2)	Strict liability applies to paragraph (1) (c).
	(3)	A person who holds a bin Laden asset commits an offence if:
	(a)	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
	(b)	the person is reckless as to whether the asset is a bin Laden asset.
Penalty:   50 penalty units.
	(4)	It is a defence to a charge under subregulation (1) or (3) if the person proves that the use or dealing was solely for the purpose of preserving the value of the asset.
	(5)	In this regulation:
person means:
	(a)	a person (including a body corporate) in Australia; or
	(b)	an Australian citizen outside Australia. 
17	Persons must not give assets to Taliban or bin Laden entities
	(1)	A person commits an offence if:
	(a)	the person, directly or indirectly, makes an asset available to a Taliban entity; and
	(b)	the person is reckless as to whether the entity is a Taliban entity; and
	(c)	the making available of the asset is not in accordance with an authorisation by the Committee under paragraph 4 (b) of Resolution 1267.
Penalty:   50 penalty units.
	(2)	Strict liability applies to paragraph (1) (c).
	(3)	A person commits an offence if:
	(a)	the person, directly or indirectly, makes an asset available to a bin Laden entity; and
	(b)	the person is reckless as to whether the entity is a bin Laden entity.
Penalty:   50 penalty units.
	(4)	In this regulation:
person means:
	(a)	a person (including a body corporate) in Australia; or
	(b)	an Australian citizen outside Australia. 

Notes to the Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001
Note 1
The Charter of the United Nations (Sanctions — Afghanistan) Regulations 2001 (in force under the Charter of the United Nations Act 1945) as shown in this compilation comprise Statutory Rules 2001 No. 181 amended as indicated in the Tables below. 
Table of Statutory Rules
Year and 
number	Date of notification 
in Gazette	Date of
commencement	Application, saving or
transitional provisions	
2001 No. 181	5 July 2001	5 July 2001		
2001 No. 298	9 Oct 2001	9 Oct 2001	—	
2002 No. 196	29 Aug 2002	29 Aug 2002	—	
Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
R. 3		am. 2001 No. 298	
	rs. 2002 No. 196	
R. 6		am. 2001 No. 298; 2002 No. 196	
Rr. 8, 9		am. 2002 No. 196	
Rr. 11–14		am. 2002 No. 196	
Part 4	
(rr. 15–17)	ad. 2001 No. 298	
R. 15		ad. 2001 No. 298	
	am. 2002 No. 196	
Rr. 16, 17		ad. 2001 No. 298