Part 1—Preliminary
1 Name of Regulations
These Regulations are the Charter of the United Nations (Sanctions—Eritrea) Regulations 2010.
2 Commencement
These Regulations commence on the day after they are registered.
3 Definitions
In these Regulations:
Act means the Charter of the United Nations Act 1945.
arms or related materiel includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
Committee means the Committee established under Resolution 751 and expanded by Resolution 1844 and Resolution 1907.
controlled asset means an asset that is owned or controlled by a designated person or entity.
designated person or entity means a person or entity designated by the Committee or the Security Council of the United Nations for paragraph 15 of Resolution 1907.
export sanctioned goods means arms or related matériel.
import sanctioned goods means arms or related matériel.
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).
prohibited service to a designated person or entity has the meaning given by regulation 5.
prohibited supply to a designated person or entity has the meaning given by regulation 4.
Resolution 751 means Resolution 751 (1992) of the Security Council of the United Nations, adopted on 24 April 1992.
Resolution 1844 means Resolution 1844 (2008) of the Security Council of the United Nations, adopted on 20 November 2008.
Resolution 1907 means Resolution 1907 (2009) of the Security Council of the United Nations, adopted on 23 December 2009.
Resolution 2060 means Resolution 2060 (2012) of the Security Council of the United Nations, adopted on 25 July 2012.
sanctioned service has the meaning given in regulation 7.
sanctioned supply has the meaning given in regulation 6.
working day means a day that is not a Saturday, Sunday or public holiday.
4 Prohibited supply to designated person or entity
For these Regulations, a person makes a prohibited supply to a designated person or entity if the person supplies, sells or transfers export sanctioned goods:
(a) to a designated person or entity; or
(b) to a person who is not a designated person or entity and, as a direct or indirect result of the supply, sale or transfer the goods are transferred to a designated person or entity.
5 Prohibited service to designated person or entity
For these Regulations, prohibited service to a designated person or entity means the direct or indirect provision to a designated person or entity of technical assistance or training, or financial or other assistance, including investment, brokering or other financial services, related to:
(a) military activities; or
(b) the supply, sale, transfer, manufacture, maintenance or use of export sanctioned goods.
6 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 export sanctioned goods; and
(c) as a direct or indirect result of the supply, sale or transfer the goods are transferred to Eritrea.
7 Sanctioned service
For these Regulations, a sanctioned service is technical assistance or training, or financial or other assistance, including investment, brokering or other financial services, related to:
(a) military activities; or
(b) the supply, sale, transfer, manufacture, maintenance or use of export sanctioned goods.
Part 2—UN sanction enforcement laws
8 Prohibition of sanctioned supply
(1) A person contravenes this regulation if:
(a) the person makes a sanctioned supply; and
(b) the sanctioned supply is not an authorised supply.
(2) Strict liability applies to the circumstance that the making of the sanctioned supply is not authorised by a permit under regulation 8A.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if:
(a) the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply; and
(b) the sanctioned supply is not an authorised supply.
(4) A body corporate contravenes this regulation 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.
(5) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).
Note: Subregulation (5) has the effect that the offence has extraterritorial operation.
(6) For this regulation:
authorised supply means a sanctioned supply that is authorised by:
(a) a permit under regulation 8A; or
(b) if the supply, sale or transfer takes place 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 1907 and Resolution 2060.
(7) A defendant to a charge under section 27 of the Act that relates to subregulation (1), (3) or (4) bears an evidential burden in relation to the matter in subparagraph (b)(i) of the definition of authorised supply in subregulation (6).
(8) For paragraph (b) of the definition of authorised supply in subregulation (6), the permit is taken not to have been properly granted if the prosecution shows that the permit was granted on the basis of false or misleading information provided by any person, or of corrupt conduct by any person.
Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
8A Permit to make sanctioned supply
(1) The Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.
Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.
(2) The Minister may grant the permit only if the sanctioned supply:
(a) is a supply of protective clothing that is temporarily exported to Eritrea for the personal use of:
(i) a member of the personnel of the United Nations; or
(ii) a representative of the media; or
(iii) a humanitarian or development worker or an associated person; or
(b) is a supply of non‑lethal military equipment that:
(i) is intended solely for humanitarian or protective use; and
(ii) is approved in advance by the Committee.
(3) The permit is subject to any conditions specified in the permit.
9 Prohibition of procuring import sanctioned goods
(1) A person contravenes this regulation if the person procures import sanctioned goods from Eritrea or from a person or entity in Eritrea.
(2) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply.
(3) A body corporate contravenes this regulation 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 procures import sanctioned goods from Eritrea or from a person or entity in Eritrea.
(4) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.
Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
10 Prohibition relating to sanctioned service
(1) A person contravenes this regulation if:
(a) the person provides a sanctioned service to:
(i) Eritrea; or
(ii) a person or entity in Eritrea; and
(b) the service is not provided in relation to an authorised supply.
(2) A person contravenes this regulation if the person procures a sanctioned service from:
(a) Eritrea; or
(b) a person or entity in Eritrea.
(3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft:
(a) if the service is not provided in relation to an authorised supply—to provide a sanctioned service; or
(b) to procure a sanctioned service.
(4) A body corporate contravenes this regulation 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:
(i) if the service is not provided in relation to an authorised supply—provides a sanctioned service; or
(ii) procures a sanctioned service from Eritrea or a person in Eritrea.
(5) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.
Note 1: Subregulation (5) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
11 Prohibition of prohibited supply or prohibited service to designated person or entity
(1) A person contravenes this regulation if the person:
(a) makes a prohibited supply to a designated person or entity; or
(b) provides a prohibited service to a designated person or entity.
(2) A body corporate contravenes this regulation 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 prohibited supply to a designated person or entity.
(3) A body corporate contravenes this regulation 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 prohibited service to a designated person or entity.
(4) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.
Note 1: Subregulation (4) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
12 Prohibition of dealing with designated persons or entities
(1) A person contravenes this regulation 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 regulation 14.
(1A) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 14.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.
Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
13 Prohibition of dealing with controlled assets
(1) A person contravenes this regulation 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 the asset or dealing with the asset; and
(c) the use or dealing is not authorised by a permit under regulation 14.
(1A) Strict liability applies to the circumstance that the use or dealing with the asset is not authorised by a permit under regulation 14.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of this regulation.
Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.
Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.
14 Permit for assets or controlled assets
(1) The Minister may, on application, grant a person a permit authorising:
(a) the making available of an asset to a person or entity that would otherwise contravene subregulation 12(1); or
(b) a use of, or dealing with, a controlled asset that would otherwise contravene subregulation 13(1).
Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.
(2) The application must be for:
(a) a basic expense dealing; or
(b) a legally required dealing; or
(c) an extraordinary expense dealing;
mentioned in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.
(3) The application must specify the kind of dealing mentioned in subregulation (2) for which it is made.
(4) If the application is for a basic expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant a permit only if:
(ii) 3 working days have passed since the notice was given; and
(ii) the Committee has not advised against granting the permit to the applicant.
(5) If the application is for a legally required dealing, the Minister must notify the Committee of the application.
(6) If the application is for an extraordinary expense dealing, the Minister:
(a) must notify the Committee of the application; and
(b) may grant the permit only with the approval of the Committee.
(7) A permit is subject to any conditions specified in the permit.
Note: Part 2 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 applies to these Regulations.
Part 3—Miscellaneous
15 Delegations by Minister
(1) The Minister may delegate the Minister’s powers and functions under these Regulations (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.
