United Nations (Iraq) Reconstruction Regulations 2003

Reprint
as at 24 September 2009

Crest

United Nations (Iraq) Reconstruction Regulations 2003

(SR 2003/217)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 1st day of September 2003

Present:
Her Excellency the Governor-General in Council


Note

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

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

These regulations are administered by 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 1483 (2003) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 22 May 2003, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Iraq the measures set out in that resolution,—

makes the following regulations.

Regulations

1 Title
  • These regulations are the United Nations (Iraq) Reconstruction Regulations 2003.

2 Commencement
  • These regulations come into force on 3 October 2003.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Development Fund for Iraq means the fund mentioned in paragraph 12 of resolution 1483

    government asset means the following:

    • (a) an asset of the previous Government of Iraq that was located outside Iraq on the date of adoption of resolution 1483 (22 May 2003):

    • (b) an asset that has been removed from Iraq, or acquired, by—

      • (i) a senior Iraqi official; or

      • (ii) a member of the immediate family of a senior Iraqi official; or

      • (iii) an entity owned or controlled, directly or indirectly, by a body or person mentioned in subparagraph (i) or subparagraph (ii); or

      • (iv) a person acting on behalf of, or at the direction of, a body or person mentioned in subparagraph (i), subparagraph (ii), or subparagraph (iii):

    • (c) an asset derived or generated from an asset mentioned in paragraph (a) or paragraph (b)

    international organisation means any organisation of States or Governments of States, or any agency of any such organisation of any kind

    item of cultural property includes an item of—

    • (a) archaeological importance; or

    • (b) historical importance; or

    • (c) cultural importance; or

    • (d) rare scientific importance; or

    • (e) religious importance

    Minister means the Minister of Foreign Affairs and Trade

    previous Government of Iraq means—

    • (a) the Government or Governments of Iraq led by former President Saddam Hussein; and

    • (b) a State body, corporation, or other body or agency in relation to that Government

    resolution 661 means resolution 661 (1990) of the Security Council of the United Nations

    resolution 1483 means resolution 1483 (2003) of the Security Council of the United Nations

    senior Iraqi official means the following persons:

    • (a) former President Saddam Hussein:

    • (b) another person who was a senior official of the previous Government of Iraq

    transfer includes—

    • (a) the transfer of title; and

    • (b) trade (including importation and exportation).

Cultural property, government assets, and other matters

4 Cultural property
  • (1) No person may, knowingly and without lawful justification or reasonable excuse, sell, deliver, or transfer to another person or entity an item of cultural property that—

    • (a) was illegally removed from a place in Iraq (including the Iraq National Museum or the National Library of Iraq) after the adoption of resolution 661; or

    • (b) there are reasonable grounds to suspect was illegally removed from a place in Iraq (including the Iraq National Museum or the National Library of Iraq) after the adoption of resolution 661.

    (2) This regulation is subject to regulations 5, 11, and 12.

5 Return of cultural property
  • (1) A person who is in possession or control of an item of cultural property described in regulation 4 must, as soon as practicable, give the property to a person referred to in subclause (2) if—

    • (a) the person in possession or control of the item knows, or has reasonable grounds to suspect, that the item was illegally removed from Iraq after the adoption of resolution 661; or

    • (b) a person referred to in subclause (2) requires the surrender of the property.

    (2) The persons who may be given cultural property under subclause (1) are—

    • (a) a member of the personnel of the United Nations Educational, Scientific, and Cultural Organisation; or

    • (b) a member of any international organisation designated in writing by the Minister as an organisation that may receive cultural property under this regulation; or

    • (c) a member of the personnel of Interpol; or

    • (d) a representative of the Authority mentioned in resolution 1483; or

    • (e) a representative of the Iraq National Museum or the National Library of Iraq; or

    • (f) a representative of the place from which the item was removed, or is reasonably suspected of having been removed; or

    • (g) a member of the Police.

6 Status of petroleum, petroleum products, and natural gas originating in Iraq
  • (1) No proceedings may be brought or any order for attachment or other legal process executed without the permission of the Minister, in respect of anything done, or omitted to be done, during the relevant period in relation to—

    • (a) petroleum that originates in Iraq; or

    • (b) another petroleum product that originates in Iraq; or

    • (c) natural gas that originates in Iraq.

    (2) In subclause (1), relevant period means at any time before the title in the petroleum, petroleum product, or natural gas referred to in subclause (1) passes to the initial purchaser of the petroleum, petroleum product, or natural gas.

    (3) This regulation expires at the earlier of—

    • (a) the close of 31 December 2007; or

    • (b) the time, before the close of 31 December 2007, that the Security Council declares to be the time at which it is no longer necessary for the arrangement described in subclause (1) to operate.

7 Dealing with government assets
  • (1) No person who knows that an asset held by that person is a government asset may use it or deal with it or allow it to be used or dealt with, or facilitate the use of, or dealing with, the asset, unless the use of, or dealing with, the asset is—

    (2) For the purposes of subclause (1), deal with, in relation to any government asset, includes (without limitation) transferring, paying for, selling, assigning, or otherwise disposing of the asset by any means.

8 Restriction on giving asset to person or entity
  • No person may knowingly make a government asset available to a person or entity, either directly or indirectly, unless—

    • (a) the person or entity to whom the government asset is made available is the Development Fund for Iraq; or

9 Authorised dealings
  • (1) The owner or holder of a government asset may apply in writing to the Minister for permission to use or deal with the government asset in a specified way.

    (2) The owner or holder of a government asset may apply in writing to the Minister for permission to make the government asset available to a person or entity specified in the application.

    (3) The Minister may, by written notice, permit a government asset specified in the notice to be—

    • (a) used or dealt with in a specified way; or

    • (b) made available to a person or entity specified in the notice.

    (4) The Minister may issue such a notice—

    • (a) on his or her own initiative; or

    • (b) on application under subclause (1) or subclause (2).

    (5) The notice may be subject to conditions imposed by the Minister.

    (6) The notice must be given to the owner or holder of the asset as soon as practicable after it is made.

10 Arrangements for transfer of government assets
  • (1) The Minister may, in respect of a government asset that is not the subject of a lien or judgment obtained before the commencement of this regulation,—

    • (a) require, by notice in writing, the owner or holder of that asset to transfer that asset to the Development Fund for Iraq:

    • (b) require, by notice in writing, any person to take specified steps in relation to that asset to facilitate the return of that asset to the Development Fund for Iraq:

    • (c) make arrangements for the return of the asset as soon as practicable, to the Development Fund for Iraq.

    (2) Any notice issued or arrangement made under subclause (1) in relation to any government asset may override any rights conferred on any person in relation to that asset, by any enactment, rule of law, contract, disposition, or other arrangement.

    (3) Any person who receives a notice under subclause (1)(a) or (b) must comply with that notice as soon as practicable after receiving it.

    (4) Subclause (3) is subject to regulations 11 and 12.

Application of Customs and Excise Act 1996 to items of cultural property

11 Importation or exportation of items of cultural property from Iraq prohibited
  • (1) The importation into New Zealand of any item of cultural property to which regulation 4(a) or (b) applies is prohibited unless the Minister consents to that importation.

    (2) The exportation from New Zealand of any item of cultural property to which regulation 4(a) or (b) applies is prohibited unless the Minister consents to that exportation.

12 Application of Customs and Excise Act 1996 to items of cultural property

Miscellaneous

13 Protection of persons
  • No person is liable for anything done or omitted to be done in good faith by that person in compliance or purported compliance with regulations 6 to 12.

14 Privileges and immunities in relation to Development Fund for Iraq
  • (1) The Development Fund for Iraq has, in relation to the matters described in subclause (2), the same immunities and privileges as are conferred on the United Nations by regulations 3 to 10 of the Diplomatic Privileges (United Nations) Order 1959.

    (2) The matters referred to in subclause (1) are—

    • (a) the activities and operations of the Development Fund for Iraq; and

    • (b) the proceeds of, and obligations arising from, the transfer of government assets; and

    • (c) the proceeds of, and obligations arising from, the transfer of—

      • (i) petroleum that originates in Iraq; or

      • (ii) another petroleum product that originates in Iraq; or

      • (iii) natural gas that originates in Iraq.

    (3) Any representative, member, officer, servant, or agent of the Development Fund for Iraq has the immunities and privileges, as are conferred on representatives of the Governments of members of the United Nations by regulation 11 of the Diplomatic Privileges (United Nations) Order 1959 in relation to anything done or omitted by that person in respect of any matter referred to in subclause (2).

    (4) Subclauses (1) and (3) do not apply in relation to any legal proceeding in which recourse to proceeds, obligations, or assets is necessary to satisfy liability for damages assessed in connection with an ecological accident (including an oil spill) that occurs after the date of adoption of resolution 1483.

15 Offences
  • Every person commits an offence against these regulations, and is liable accordingly under section 3 of the United Nations Act 1946, who acts in contravention of, or fails to comply in any respect with, any of the provisions of these regulations.

Marie Shroff,
Clerk of the Executive Council.


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

Date of notification in Gazette: 4 September 2003.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the United Nations (Iraq) Reconstruction Regulations 2003. The reprint incorporates all the amendments to the regulations as at 24 September 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Customs and Excise Amendment Act (No 3) 2008 (2008 No 68): section 22