This instrument is the Charter of the United Nations (Sanctions—Haiti) Regulations 2025.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	6 December 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

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

4 Definitions

In this instrument:

Act means the Charter of the United Nations Act 1945.

arms or related matériel includes the following:

(a) weapons;

(b) ammunition;

(d) paramilitary equipment;

(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 8(4).

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

Committee means the Committee established under paragraph 19 of Resolution 2653.

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

designated person or entity means a person or entity:

(a) designated by the Committee with respect to the measures mentioned in paragraph 6 of Resolution 2653 (including those measures as extended by a later resolution) or an equivalent paragraph of a later resolution of the Security Council relating to Haiti; or

(b) to whom the measures mentioned in paragraph 6 of Resolution 2653 (including those measures as extended by a later resolution), or an equivalent paragraph of a later resolution of the Security Council relating to Haiti, 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;

(d) riot protection shields;

(e) whips.

Resolution 2653 means Resolution 2653 (2022) of the Security Council, adopted on 21 October 2022.

Resolution 2752 means Resolution 2752 (2024) of the Security Council, adopted on 18 October 2024.

sanctioned service means the provision to Haiti of technical assistance, training, financial or other assistance, related to:

(a) military activities; or

(b) the provision, maintenance or use of any arms or related matériel.

sanctioned supply has the meaning given by section 5.

5 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

Part 2—UN sanction enforcement laws

Note: See section 2B of the Act.

6 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) A person contravenes this subsection if:

(a) the person (whether or not in Australia, and whether or not an Australian citizen) 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.

(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) or (2) of this section.

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

(4) An authorised supply is a sanctioned supply that is authorised by:

(a) a permit under section 7; 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 2752 and any other relevant resolution of the Security Council.

Note: Other relevant resolutions could in 2025 be viewed on the United Nations’ website (http://www.un.org).

(5) A defendant to a charge under section 27 of the Act that relates to a contravention of subsection (1) or (2) of this section bears an evidential burden in relation to the matter in subparagraph (4)(b)(i) of this section.

Note: See section 13.3 of the Criminal Code.

(6) For an offence under section 27 of the Act that relates to a contravention of subsection (1) or (2) of this section, a permit is taken not to have been properly granted for the purposes of subparagraph (4)(b)(ii) of this section 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.

7 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 supply, sale or transfer to or by any of the following entities, intended to be used by or in coordination with those entities and solely to further the objectives of peace and stability in Haiti:

(i) the United Nations;

(ii) a mission authorised by the United Nations;

(iii) a security unit that operates under the command of the Government of Haiti;

(b) a supply of non‑lethal military equipment intended solely for humanitarian or protective use, when intended to further the objectives of peace and stability in Haiti;

(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.

8 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) A person contravenes this subsection if:

(a) the person (whether or not in Australia, and whether or not an Australian citizen) 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.

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

(4) An authorised service is a sanctioned service that is authorised by:

(a) a permit under section 9; 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 2752 and any other relevant resolution of the Security Council.

Note: Other relevant resolutions could in 2025 be viewed on the United Nations’ website (http://www.un.org).

Note: See section 13.3 of the Criminal Code.

(a) false or misleading information provided by any person; or

(b) corrupt conduct by any person.

Note: This section is specified as a U Restrictions on providing assets to designated persons or entities

and

Restrictions on dealing with the assets of designated persons or entities

N sanction enforcement law in the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.

9 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, assistance or provision of personnel that is related to a supply, sale or transfer to or by any of the following entities, intended to be used by or in coordination with those entities and solely to further the objectives of peace and stability in Haiti:

(i) the United Nations;

(ii) a mission authorised by the United Nations;

(iii) a security unit that operates under the command of the Government of Haiti;

(b) technical training or assistance that is related to a supply of non‑lethal military equipment intended solely for humanitarian or protective use, when intended to further the objectives of peace and stability in Haiti;

(c) another service consisting of training, assistance or provision of 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.

10 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 under subsection (2).

(2) For the purposes of paragraph (1)(b), the making available of the asset is authorised if it:

(a) is authorised by a permit under section 13; or

(b) consists of the provision, processing or payment of funds, other financial assets or economic resources, or consists of the provision of goods or services, necessary to ensure the timely delivery of humanitarian assistance in Haiti, or to support other activities that support basic human needs in Haiti, by any of the following:

(i) the United Nations, or a specialised agency or program of the United Nations;

(ii) an international organisation;

(iii) a humanitarian organisation having observer status with the United Nations General Assembly;

(iv) a bilateral or multilaterally funded non‑governmental organisation participating in a United Nations Humanitarian Response Plan, Refugee Response Plan or other United Nations appeal, or participating in a humanitarian cluster coordinated by the United Nations Office for the Coordination of Humanitarian Affairs;

(v) an employee, grantee, subsidiary or implementing partner of an organisation mentioned in subparagraphs (i) to (iv);

(vi) an organisation identified by the Committee in relation to such assistance or activities.

(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) of this section.

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.

11 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

(2) For the purposes of paragraph (1)(c), the use of or dealing with the asset is authorised if it:

(a) is authorised by a permit under section 13; or

(i) the United Nations, or a specialised agency or program of the United Nations;

(ii) an international organisation;

(iii) a humanitarian organisation having observer status with the United Nations General Assembly;

(v) an employee, grantee, subsidiary or implementing partner of an organisation mentioned in subparagraphs (i) to (iv);

(vi) an organisation identified by the Committee in relation to such assistance or activities.

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.

12 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 10(1); or

(b) a use of, or dealing with, a controlled asset that would otherwise contravene subsection 11(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.

13 Permit for assets and controlled assets—grant of permit

(1) The Minister may, on application by a person under section 12 for a permit authorising a dealing mentioned in subsection 12(2), grant the permit in accordance with this section.

(2) 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.

(3) If the application is for a legally required dealing, the Minister may grant the permit only after giving the Committee notice of the application.

(4) If the application is for a contractual dealing, the Minister may grant the permit.

(5) 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.

(6) 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.

(7) The permit must be:

(a) in writing; and

(b) given to the applicant.

(8) A permit is subject to any conditions specified in the permit.

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

Part 3—Miscellaneous

14 Delegation by the Minister

(1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this instrument to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contains provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.