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CHARTER OF THE UNITED NATIONS (SANCTIONS--SOMALIA) REGULATIONS 2008 - REG 9

Permit to make a sanctioned supply

  (1)   A person may apply 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 (other than a supply covered by paragraph   (b), (c) or (d)) intended solely for the development of the Somali National Security Forces, or Somalia security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people;

  (b)   a supply of goods set out in Annex A to Resolution 2551, that:

  (i)   is intended solely for the development of the Somali National Security Forces, or Somalia security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people; and

  (ii)   has been approved in advance by the Committee;

  (c)   a supply, by a Member State or an international, regional or sub - regional organisation, of goods set out in Annex B to Resolution 2551:

  (i)   that is intended solely for the development of the Somali National Security Forces, to provide security for the Somali people; and

  (ii)   of which the Committee has been notified, at least 5 working days in advance, by the Federal Government of Somalia or the supplying Member State or organisation;

  (d)   a supply, by a Member State or an international, regional or sub - regional organisation, of goods set out in Annex B to Resolution 2551:

  (i)   that is intended solely for the purposes of helping develop Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people; and

  (ii)   of which the Committee was notified by the supplying Member State or organisation and did not, within 5 working days after receiving the notification, make a negative decision; and

  (iii)   of which the Federal Government of Somalia was informed by the supplying Member State or organisation, in parallel with the notification to the Committee and within 5 working days in advance of the supply;

  (e)   a supply intended solely for the support of, or use by, any of the following:

  (i)   United Nations personnel, including UNSOM;

  (ii)   AMISOM;

  (iii)   AMISOM's strategic partners, operating solely under the latest African Union strategic concept of operations and in cooperation and coordination with AMISOM;

  (iv)   the EUTM in Somalia;

  (f)   a supply destined for the sole use of Member States or international, regional or subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, if:

  (i)   the Federal Government of Somalia requests the measures, and has given the Secretary - General notice of the request; and

  (ii)   the measures are consistent with applicable international humanitarian and human rights law;

  (g)   a supply of protective clothing temporarily exported to Somalia 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 subparagraphs   ( i) to (iii);

  (h)   a supply of non - lethal military equipment by a Member State or an international, regional or subregional organisation:

  (i)   intended solely for humanitarian or protective use; and

  (ii)   for which notice has been given to the Committee by the Member State or organisation at least 5 days in advance;

  (i)   a supply of goods set out in Part   I of Annex C to Resolution 2551, for which the Minister is satisfied that:

  (i)   the goods will not be used in the manufacture in Somalia of an improvised explosive device; or

  (ii)   there is no significant risk that the goods may be used in the manufacture in Somalia of an improvised explosive device.

  (2A)   If the Minister grants a permit for a supply mentioned in paragraph   (2)(i), the Minister must notify the Committee of the supply within 15 working days after the supply takes place.

  (3)   A notice or request for advance approval to the Committee mentioned in subregulation   (2) or (2A) must include all relevant information about the supply, in accordance with the following:

  (a)   resolutions relating to Somalia, as existing from time to time;

  (b)   the Guidelines of the Committee for the Conduct of its Work, as in force from time to time.

Note:   Resolutions relating to Somalia, and the Guidelines, could in 2021 be viewed on the United Nations' website (http://www.un.org).

  (4)   The permit is subject to any conditions specified in the permit.

Note:   Section   13A of the Act applies to a permit granted under this regulation.



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