Commonwealth Numbered Regulations - Explanatory Statements

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CHARTER OF THE UNITED NATIONS (SANCTIONS - LIBERIA) AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 167

Statutory Rules 2003 No. 167

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions - Liberia) Amendment Regulations 2003 (No. 1)

Section 6 of the Charter of the United Nations Act 1945 ("the Act") provides that the Governor-General may make regulations for, and in relation to, giving effect to decisions that:

(a)       the Security Council has made under Chapter VII of the Charter of the United Nations; and

(b)       Article 25 of the Charter requires Australia to carry out;

insofar as those decisions require Australia to apply measures not involving the use of armed force.

On 6 May 2003 the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 1478 (2003). Paragraph 17(a) of Resolution 1478 (2003) obliges all States to take the necessary measures to prevent, for a period of 10 months, the import into their territories of all round logs and timber products originating in Liberia. Paragraph 17(b) of Resolution 1478 (2003) provides that these measures shall come into force at 00:01 United States Eastern Daylight Time on 7 July 2003, unless the Security Council decides otherwise. Paragraph 17(c) of Resolution 1478 (2003) further provides that, at the end of the 10 month period, the Security Council will decide whether the measure should continue, depending on whether the Government of Liberia has complied with the demands in Security Council Resolution 1343 (2001). Paragraph 2 of Resolution 1343 (2001) demanded that the Government of Liberia immediately cease its support for the Revolutionary United Front in Sierra Leone and for other armed rebel groups in the region.

The purpose of the regulations is to amend the Charter of the United Nations (Sanctions Liberia) Regulations 2002 to include a prohibition on conduct that assists, or results in, round logs or timber products being imported into Australia from Liberia, thereby implementing the obligation in paragraph 17(a) of Resolution 1478 (2003). The Charter of the United Nations (Sanctions - Liberia) Regulations 2002 currently implement Australia's obligations to prohibit the supply of arms or related materiel to Liberia (other than as authorised by the Security Council), the provision of military technical training or assistance to Liberian nationals and the import of rough diamonds from Liberia into Australia. The prohibition relating to round logs or timber products would be repealed on or around 7 May 2004 (that is, ten months after 7 July 2003) unless the Security Council in the meantime had determined a shortening or lengthening of the prohibition.

The regulations also repeal regulations 12, 13, 15 and 16 of the Charter of the United Nations (Sanctions - Liberia) Regulations 2002. These regulations inappropriately apply specific measures relating to aircraft and flag vessels to prohibitions on the provision to Liberia of technical training or assistance related to arms and related materiel of all types, and on the importation of rough diamonds from Liberia. Specific measures relating to aircraft and flag vessels required by Resolution 1343 (2001) applied only to prohibitions on the sale or supply to Liberia of arms and related materiel of all types (properly reflected in regulations 1 l and 14 respectively of the Charter of the United Nations (Sanctions - Liberia) Regulations 2002). The other prohibitions that Member States are obliged to impose under Resolution 1343 (2001) (on the provision to Liberia of technical training or assistance related to arms and related materiel of all types, and on the importation of rough diamonds from Liberia) are not specifically related to aircraft or flag vessels. Repealing regulations 12, 13, 15 and 16 bring the Charter of the United Nations (Sanctions - Liberia) Regulations 2002 into line with Australia's ongoing obligations under Resolution 1343 (2001).

The regulations will commence on 7 July 2003, the date on which the obligation in paragraph 17(b) of Resolution 1478 (2003) becomes binding on Australia.

ATTACHMENT

Charter of the United Nations (Sanctions - Liberia) Amendment Regulations 2003 (No. 1)

Details of the proposed Regulations are as follows:

Regulation 1 states the name of the Regulations;

Regulation 2 states that the Regulations commence on 7 July 2003;

Regulation 3 states that Schedule 1 amends the Charter of the United Nations (Sanctions Liberia) Regulations 2002;

Item 1 of Schedule 1 amends regulation 3 of the Charter of the United Nations (Sanctions Liberia) Regulations 2002 by inserting a reference to Resolution 1478 (2003);

Item 2 of Schedule 1 amends subparagraph 3(a)(iii) of the Charter of the United Nations (Sanctions - Liberia) Regulations 2002 to accommodate the insertion of a new subparagraph 3(a)(iv);

Item 3 of Schedule 1 inserts a new subparagraph 3(a)(iv) into the Charter of the United Nations (Sanctions - Liberia) Regulations 2002 referring to round logs or timber products being imported into Australia from Liberia;

Item 4 of Schedule 1 amends subparagraph 3(b) of the Charter of the United Nations (Sanctions -Liberia) Regulations 2002 to accommodate the repeal of regulations 12, 13, 15 and 16;

Item 5 of Schedule 1 inserts a new regulation 10A into the Charter of the United Nations (Sanctions - Liberia) Regulations 2002 which provides that a person must not engage in conduct that assists, or results in, round logs or timber products being imported into Australia from Liberia;

Item 6 of Schedule 1 repeals regulations 12, 13, 15 and 16 of the Charter of the United Nations (Sanctions - Liberia) Regulations 2002.