United Nations Sanctions (Côte d'Ivoire) Regulations 2005

Reprint
as at 29 November 2010

Crest

United Nations Sanctions (Côte d'Ivoire) Regulations 2005

(SR 2005/339)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 12th day of December 2005

Present:
The Right Hon Helen Clark presiding 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 1572 (2004) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 15 November 2004, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Côte d’Ivoire the measures set out in that resolution,—

makes the following regulations.

Regulations

1 Title
  • These regulations are the United Nations Sanctions (Côte d’Ivoire) Regulations 2005.

2 Commencement
  • These regulations come into force on 12 January 2006.

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

    arms includes—

    • (a) related materiel of all types (for example, weapons, ammunition, military aircraft, vehicles, and equipment, and paramilitary equipment); and

    • (b) spare parts for any arms, or for any goods specified in paragraph (a)

    committee means the committee established under paragraph 14 of resolution 1572 of the Security Council of the United Nations

    Customs or the Customs and Customs officer have the same meaning as in section 2(1) of the Customs and Excise Act 1996

    designated means designated under paragraph 9 or 11, and by the committee established by paragraph 14, of the resolution

    designated agent means a person designated as a person acting on behalf, or at the direction, of a designated person

    designated person, in relation to measures set out in the resolution, and provided for in these regulations, means a person designated as a person to whom the measures apply

    Minister means the Minister of Foreign Affairs

    money includes—

    • (a) the banknotes and other currency and money orders of New Zealand or any other country; and

    • (b) promissory notes and bills of exchange; and

    • (c) any credit in an account with any person

    New Zealand includes Tokelau

    New Zealand aircraft means an aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990

    New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand

    resolution means resolution 1572 (2004) of the Security Council of the United Nations

    security

    • (a) includes a share, stock, bond, debenture, debenture stock, mortgage, lien, treasury bill, coupon or warrant representing dividends or interest, and a life or endowment insurance policy, in whatever currency the security is expressed; and

    • (b) also includes any document or means by which the right to the ownership or provision of any money or security, or any interest in money or a security, may be exercised; but

    • (c) does not include a promissory note or bill of exchange

    specified entity means an entity owned or controlled, directly or indirectly, by a designated agent

    UNOCI means the United Nations Operation in Côte d’Ivoire.

    (2) A reference in these regulations to the transfer of a security includes a reference to a transfer of a security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

    (3) The Minister may publish, in any manner the Minister thinks fit (for example, by notice in the Gazette, or publication on the Internet, or both),—

    • (a) a list of the names of any persons designated as designated agents or designated persons; and

    • (b) a list of the names, descriptions, and other identifying details, of any specified entities; and

    • (c) any additions to, or deletions from, the lists referred to in paragraphs (a) and (b).

    Regulation 3(1) committee: inserted, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

    Regulation 3(1) UNOCI: added, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

Exportation of arms

4 Exportation of arms to Côte d’Ivoire prohibited
  • (1) No person may directly or indirectly export arms from New Zealand to Côte d’Ivoire.

    (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) UNOCI; or

      • (ii) the French forces acting in support of UNOCI; 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 Côte d’Ivoire by the following persons for their own personal use in that country:

      • (i) United Nations personnel:

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

    • (d) arms, related materiel, and technical assistance temporarily exported to Côte d’Ivoire to the armed forces of any State taking action in that country if––

      • (i) that action is taken, in accordance with international law, solely and directly to facilitate the evacuation of that State’s citizens and those other persons for whom that State has consular responsibility in Côte d’Ivoire; and

      • (ii) the supply of those arms, that related materiel, or that technical assistance, as the case may be, is approved in advance by the committee; or

    • (e) arms, related materiel, and technical assistance––

      • (i) that is intended solely for the support of, or use in, the process of restructuring defence and security forces in Côte d’Ivoire; and

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

    Compare: SR 2004/465 r 4

    Regulation 4(3): added, on 20 November 2008, by regulation 5 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

5 Customs and Excise Act 1996 to apply to prohibited exports
6 Detention of prohibited exports
  • A Customs officer may detain any goods he or she suspects on reasonable grounds to be goods whose exportation is prohibited by regulation 4.

    Compare: SR 2004/465 r 6

7 Prohibited exports not to be loaded onto ships or aircraft
  • 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.

    Compare: SR 2004/465 r 7

8 Power to withhold clearance of ship or aircraft
  • 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.

    Compare: SR 2004/465 r 8

Dealings with arms

9 Transactions with persons in Côte d’Ivoire 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 person within Côte d’Ivoire; or

    • (b) are to be supplied or delivered to, or to the order of, a person within Côte d’Ivoire.

    (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.

    Compare: SR 2004/465 r 9

Carriage of arms

10 Carriage of arms to Côte d’Ivoire 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 Côte d’Ivoire.

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

    Compare: SR 2004/465 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 Côte d’Ivoire.

    (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 2004/465 r 11

Provision of assistance, advice, or training relating to military activities

12 Provision to Côte d’Ivoire of assistance, advice, or training relating to military activities 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 person within Côte d’Ivoire, any assistance, advice, or training related to military activities.

    (2) The assistance, advice, or training referred to in subclause (1) includes, without limitation, any technical assistance 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 assistance, advice, or training.

    Compare: SR 2004/465 r 12

Prohibition on importing of diamonds from Côte d’Ivoire

  • Heading: inserted, on 20 November 2008, by regulation 6 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

12A Importation of diamonds from Côte d’Ivoire prohibited
  • (1) Except with the consent of the Minister, the importation from Côte d’Ivoire into New Zealand, whether directly or indirectly, of diamonds is prohibited.

    (2) For the purposes of subclause (1), it does not matter whether or not the diamonds originated in Côte d’Ivoire.

    (3) Subclause (1) does not apply to any diamonds that were imported from Côte d’Ivoire on the date on which this regulation comes into force or at any time before that day.

    (4) The chief executive of the Customs may determine any dispute as to the date of exportation of diamonds from Côte d’Ivoire.

    Regulation 12A: inserted, on 20 November 2008, by regulation 6 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

12B Application of Customs and Excise Act 1996 to prohibited imports
  • The provisions of the Customs and Excise Act 1996 with respect to prohibited imports (except section 209) apply to diamonds whose importation is prohibited by regulation 12A in all respects as if the importation of the diamonds was prohibited by section 54 of the Customs and Excise Act 1996.

    Regulation 12B: inserted, on 20 November 2008, by regulation 6 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

12C Detention of, and payment for, prohibited diamonds
  • (1) A reference in this regulation to prohibited diamonds is a reference to diamonds whose importation is prohibited by regulation 12A.

    (2) A Customs officer may detain any diamonds imported into New Zealand that he or she suspects on reasonable grounds to be prohibited diamonds.

    (3) An importer of prohibited diamonds for which payment has not been made must pay the purchase price of the diamonds into a trust bank account (the trust account) operated under Part 7 of the Public Finance Act 1989 by the Customs.

    (4) All money in the trust account must be dealt with as the Minister of Finance directs.

    (5) Money paid into the trust account is not money deposited for the purposes of section 229 of the Customs and Excise Act 1996.

    (6) The chief executive of the Customs may determine any dispute as to the purchase price of any prohibited diamonds or as to the date of payment for the diamonds.

    Regulation 12C: inserted, on 20 November 2008, by regulation 6 of the United Nations Sanctions (Côte d’Ivoire) Amendment Regulations 2008 (SR 2008/389).

Entry of designated persons

13 Designated persons to enter New Zealand only if consistent with determinations of Security Council
  • (1) No 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 to a designated person who is a New Zealand citizen.

    (3) 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).

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

    Compare: SR 2001/134 r 16

    Regulation 13(3): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

    Regulation 13(4): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Funds of or for designated persons or specified entities

14 Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons, etc
  • (1) No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

    • (a) that is—

      • (i) owned or controlled, directly or indirectly, by a designated person; or

      • (ii) held by a specified entity; or

      • (iii) derived or generated from any asset, money, or security of the kind specified in subparagraph (i) or (ii); 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)(i) or (ii) (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 that it was a restricted item or derived or generated from a restricted item.

    Compare: SR 2001/134 r 16A

15 Prohibition on sending funds to designated persons, etc
  • (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 money or security—

    • (a) to a designated person or specified entity; or

    • (b) for the benefit of a designated person or specified entity.

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

    Compare: SR 2001/134 r 16B

Miscellaneous provisions

16 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.

    Compare: SR 2004/465 r 14

17 Attorney-General’s consent and certificate in certain cases
  • 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.

    Compare: SR 2004/465 r 15

18 Customs and Excise Act 1996 not affected

Diane Morcom,
Clerk of the Executive Council.


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

Date of notification in Gazette: 15 December 2005.


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 Sanctions (Côte d’Ivoire) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 29 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

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)