United Nations Sanctions (Afghanistan) Amendment Regulations 2002

  • revoked
  • United Nations Sanctions (Afghanistan) Amendment Regulations 2002: revoked, on 23 November 2007, pursuant to regulation 17 of the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (SR 2007/356).

Reprint
as at 23 November 2007

United Nations Sanctions (Afghanistan) Amendment Regulations 2002

(SR 2002/89)

  • United Nations Sanctions (Afghanistan) Amendment Regulations 2002: revoked, on 23 November 2007, pursuant to regulation 17 of the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (SR 2007/356).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Ministry of Foreign Affairs and Trade.


Pursuant to section 2 of the United Nations Act 1946, Her Excellency the Governor-General, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) for the purpose of giving effect to resolution 1390 (2002) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 16 January 2002, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Usama bin Laden, members of the Al-Qaida organisation, the Taliban, and others the measures set out in that resolution,—

makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 16 April 2002.

3 Interpretation
  • (1) Regulation 3(1) of the principal regulations is amended by omitting the definition of Taliban aircraft.

    (2) Regulation 3(1) of the principal regulations is amended by omitting the definition of Taliban entity, and substituting the following definition:

    Taliban entity means an entity (other than Usama bin Laden, an Al-Qaida entity, or the Taliban) designated, by or under 1 or more resolutions of the Security Council, as an entity against whom a sanction imposed by those resolutions is to be imposed.

    (3) Regulation 3(1) of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following definitions:

    Al-Qaida entity

    • (a) means the Al-Qaida organisation; and

    • (b) includes an entity (other than the Al-Qaida organisation) designated, by or under 1 or more resolutions of the Security Council relating to Afghanistan, as being an entity associated with Usama bin Laden and against whom a sanction imposed by those regulations is to be imposed

    specified entity means—

    • (a) Usama bin Laden:

    • (b) the Taliban:

    • (c) a Taliban entity:

    • (d) an Al-Qaida entity.

    (3) Regulation 3(3)(a) of the principal regulations is amended by omitting the words provided for in regulation 17.

4 New heading above regulation 4 substituted
  • The principal regulations are amended by revoking the heading above regulation 4, and substituting the following heading:

    Export of arms to specified entity prohibited.

5 New regulation 4 substituted
  • The principal regulations are amended by revoking regulation 4, and substituting the following regulation:

    4 Exportation of arms to specified entity prohibited
    • (1) No person may directly or indirectly export arms from New Zealand to a specified entity.

      (2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister of Foreign Affairs and Trade has consented to that exportation of those goods.

6 New heading above regulation 9 substituted
  • The principal regulations are amended by revoking the heading above regulation 9, and substituting the following heading:

    Transactions in relation to dealing in arms with specified entity prohibited.

7 New regulations 9 to 12A substituted
  • The principal regulations are amended by revoking regulations 9 to 12, and substituting the following regulations and headings:

    9 Transactions with specified entity in relation to arms prohibited
    • (1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any of the goods specified in regulation 4, knowing that those goods—

      • (a) are intended to be imported by a specified entity; or

      • (b) are to be supplied or delivered to, or to the order of, a specified entity.

      (2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister of Foreign Affairs and Trade has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods.

    Carriage of arms to specified entity prohibited

    10 Carriage of arms to specified entity prohibited
    • (1) No ship or aircraft may be used for the carriage of any of the goods specified in regulation 4 if the carriage is, or forms part of, the carriage of those goods from any place to a specified entity.

      (2) Subclause (1) does not apply if the Minister of Foreign Affairs and Trade has consented to that carriage of the goods under regulation 4(2) or regulation 9(2).

      (3) In subclause (1), ship or aircraft means—

      • (a) any New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)):

      • (b) any other ship or aircraft that is, for the time being, chartered to any New Zealand citizen, or to any body incorporated or constituted under the law of New Zealand.

      (4) Subclause (1) does not limit any of regulations 4 to 9.

      Compare: SR 2000/223 r 10

    11 Liability of owner, charterer, master, or pilot in command
    • (1) If any ship or aircraft is used in contravention of regulation 10, each of the following persons is guilty of an offence against these regulations:

      • (a) in the case of a New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)), the owner and the master of the ship or, as the case requires, the owner and the pilot in command of the aircraft:

      • (b) in the case of any other ship or aircraft, the charterer of the ship or aircraft and, if the master of the ship or pilot in command of the aircraft is a New Zealand citizen, the master or pilot in command.

      (2) However, it is a defence to any such offence if the person concerned proves that he or she did not know and had no reason to suppose—

      • (a) that the goods carried on the ship or aircraft were or included arms; or

      • (b) that the carriage of the arms was, or formed part of, the carriage of goods from any place to a specified entity.

      (3) In this regulation, owner and charterer, in relation to a ship, include any person acting as the agent of the owner or, as the case requires, the agent of the charterer.

      Compare: SR 2000/223 r 11

    Provision to specified entity of technical assistance or training relating to arms prohibited

    12 Provision to area controlled by specified entity of technical assistance or training relating to arms prohibited
    • (1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide to, or at the request of, any specified entity any technical assistance or training relating to the provision, manufacture, maintenance, or use of any arms.

      (2) Subclause (1) does not apply if the Minister of Foreign Affairs and Trade has consented to that provision of the assistance or training.

      Compare: SR 2000/223 r 12

    Entry of certain persons into New Zealand

    12A Entry of certain persons into New Zealand
    • (1) No person who is a specified entity may enter New Zealand, or transit through New Zealand, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

      (2) A permit or visa may be granted or issued, under the Immigration Act 1987, to a person who is a specified entity only on the advice of the Secretary of Foreign Affairs and Trade that the permit or visa is consistent with subclause (1).

      (3) This regulation operates in addition to the requirements of the Immigration Act 1987 and of any regulations made under that Act.

      Compare: SR 1997/281 r 11.

8 Heading above regulation 13 amended
  • The heading above regulation 13 is amended by omitting the words by Taliban aircraft, or.

9 Regulations 13 and 14 revoked
  • Regulations 13 and 14 of the principal regulations are revoked.

10 Heading above regulation 17 revoked
  • The heading above regulation 17 of the principal regulations is revoked.

11 Regulation 17 revoked
  • Regulation 17 of the principal regulations is revoked.

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 16 April 2002—

  • implement resolution 1390 (2002) of the Security Council of the United Nations (which relates to measures to be imposed in respect of Usama bin Laden, members of the Al-Qaida organisation, members of the Taliban, and others):

  • amend the principal regulations by revoking certain regulations designed to implement parts of resolution 1333 (2001) of the Security Council of the United Nations that are now spent.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 April 2002.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the United Nations Sanctions (Afghanistan) Amendment Regulations 2002. It incorporates all the amendments to the United Nations Sanctions (Afghanistan) Amendment Regulations 2002 as at 23 November 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (SR 2007/356): regulation 17


  • 1 SR 2001/26