These regulations are the United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004.

These regulations come into force on 14 January 2005.

In these regulations, unless the context otherwise requires,—

(1) No person may directly or indirectly export arms from New Zealand to the DRC.

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

(3) Subclause (1) does not apply to—

• (a) arms, related materiel, and technical assistance intended solely for the support of, or use by,—

  • (i) MONUC; or

  • (ii) the interim multinational force deployed in Bunia; or

  • (iii) the integrated Congolese army and police forces; or

  • (iv) the Government of the DRC; or

• (b) non-lethal military equipment and related technical assistance—

  • (i) that is intended solely for self-protection or humanitarian aid; and

  • (ii) the supply of which has been approved in advance by the committee; or

• (c) protective clothing (including flak jackets and military helmets) temporarily exported to the DRC by the following persons for their personal use in that country:

  • (i) United Nations personnel:

  • (ii) representatives of the media, humanitarian and development workers, and associated personnel.

All provisions of the Customs and Excise Act 1996 with respect to prohibited exports (except section 209) apply with respect to goods whose exportation is prohibited by regulation 4 in all respects as if the exportation of the goods were prohibited under section 56 of that Act.

A Customs officer may detain any goods he or she suspects on reasonable grounds to be goods whose exportation is prohibited by regulation 4.

The master of a ship or the pilot in command of an aircraft must not permit to be laden in the ship or aircraft any goods whose exportation is prohibited by regulation 4, knowing that the goods are intended to be exported in contravention of that regulation.

The Customs may withhold the clearance of any ship or aircraft so long as there are on board the ship or aircraft any goods any Customs officer knows to be goods whose exportation is prohibited by regulation 4.

(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 person within the DRC; or

• (b) are to be supplied or delivered to, or to the order of, a person within the DRC.

(2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods, or to goods to which regulation 4(3) applies.

(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 the DRC.

(2) Subclause (1) does not apply if the Minister has consented to that carriage of goods under regulation 4(2) or 9(2), or if regulation 4(3) applies to the goods.

(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); or

• (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.

(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), 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 the DRC.

(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.

(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 person within the DRC, any financial or other assistance, financial resources, financial services, advice, or training related to military activities.

(2) The financial or other assistance, financial resources, financial services, advice, or training referred to in subclause (1) includes, without limitation, any financial or other assistance, financial resources, financial services, technical advice, or training relating to the provision, manufacture, maintenance, or use of arms.

(3) Subclause (1) does not apply if the Minister has consented to the provision of the financial or other assistance, financial resources, financial services, technical advice, or training, or if regulation 4(3) applies to the provision of the assistance, resources, services, advice, or training.

(4) For the purposes of this regulation, financial services includes investment, brokering, and related services.

(1) No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

• (a) that is owned or controlled, directly or indirectly, by a designated person or a person or entity acting on behalf, or at the direction, of a designated person; and

• (b) that is located in New Zealand.

(2) Subclause (1) does not apply if the Minister has consented to that transfer, sale, assignment, or disposal of, payment for, or other dealing with the asset, money, or security.

(3) It is a defence to a prosecution under this regulation in respect of any asset, money, or security derived or generated from any asset, money, or security of the kind specified in subclause (1)(a) (a restricted item) if the defendant proves that he or she received the asset, money, or security in good faith, at a time when he or she did not know it was a restricted item or derived or generated from a restricted item.

(1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, transfer, or deliver, or knowingly cause to be sent, transferred, or delivered, whether directly or indirectly, any asset, money, or security—

• (a) to a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or

• (b) for the benefit of a designated person or a person or entity acting on behalf, or at the direction, of a designated person.

(2) Subclause (1) does not apply if the Minister has consented to that sending, transfer, or delivery of the asset, money, or security.

(1) Nothing in regulation 12A(1) or 12B(1) applies to any dealing authorised by a consent under subclause (2).

(2) The Minister may consent to any dealing with any asset, money, or security if the Minister is satisfied that the dealing—

• (a) is necessary for basic expenses within the meaning of paragraph 12(a) of resolution 1807 of the Security Council of the United Nations and is authorised under that paragraph; or

• (b) is necessary for extraodinary expenses within the meaning of paragraph 12(b) of that resolution and is authorised under that paragraph; or

• (c) is authorised under paragraph 12(c) of that resolution (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments).

(1) No person who is a designated person 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) Subclause (1) does not apply so as to prevent a designated person from entering or transiting through New Zealand if—

• (a) the committee has determined that the travel is justified on the grounds of humanitarian need, including religious obligations; or

• (b) the committee has concluded that the travel would otherwise further the objectives of the Security Council’s resolutions.

(3) Subclause (1) does not apply to a designated person who is a New Zealand citizen.

(4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

Before consenting to an activity under regulation 4(2), 9(2), or 12(3), the Minister must be satisfied that the activity—

• (a) is not inconsistent with the measures set out in paragraph 20 of the resolution; or

• (b) is, under paragraph 21 of the resolution, an activity to which those measures do not apply.

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.

If an offence against these regulations is alleged to have been committed outside New Zealand, a prosecution for the offence may not be commenced without—

• (a) the Attorney-General’s consent; and

• (b) the Attorney-General’s certificate that it is expedient that the proceedings be commenced.

These regulations do not affect the operation of the Customs and Excise Act 1996.