United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007

Reprint as at 1 October 2018

Coat of Arms of New Zealand

United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007

(SR 2007/356)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 19th day of November 2007

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

Pursuant to section 2 of the United Nations Act 1946, His 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 (in part) to resolutions 1267 (1999), 1333 (2000), and 1390 (2002) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 15 October 1999, 19 December 2000, and 16 January 2002 respectively, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Al-Qaida and the Taliban the measures set out in those resolutions,—

makes the following regulations.

Regulations

1 Title

These regulations are the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007.

2 Commencement

These regulations come into force on 23 November 2007.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Al-Qaida means the Al-Qaida organisation

Al-Qaida and the Taliban Sanctions Resolutions means resolutions of the Security Council of the United Nations and relating to Al-Qaida or the Taliban

Al-Qaida entity, for a measure that is set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions, and that is provided for in these regulations, means Al-Qaida, or an entity that is not Al-Qaida but is designated, by or under those resolutions, as an entity that is—

(a)

associated with Usama bin Laden; and

(b)

an entity to which that measure is to be applied

arms includes—

(a)

related matériel of all types (for example, weapons, ammunition, military vehicles and equipment, or paramilitary equipment); and

(b)

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

Customs or the Customs has the same meaning as Customs in section 5(1) of the Customs and Excise Act 2018

Customs officer has the same meaning as in section 5(1) of the Customs and Excise Act 2018

entity means a person, group, trust, partnership, or fund, or an unincorporated association or organisation

Minister means the Minister of Foreign Affairs

New Zealand includes Tokelau

New Zealand aircraft means any 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

Security Council means the Security Council of the United Nations

specified entity means an entity that is—

(a)

Usama bin Laden; or

(b)

an Al-Qaida entity; or

(c)

the Taliban; or

(d)

a Taliban entity

Taliban means the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan

Taliban entity, for a measure that is set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions, and that is provided for in these regulations, means an entity that—

(a)

is not Usama bin Laden, an Al-Qaida entity, or the Taliban; but

(b)

is designated, by or under those resolutions, as an entity to which that measure is to be applied.

(2)

The Minister may publish a list of the names or other identifying details of any entities that are for the time being Al-Qaida entities or Taliban entities for a measure that is—

(a)

set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions; and

(b)

provided for in these regulations, the Terrorism Suppression Act 2002, or any other enactment.

(3)

The list may be published by notice in the Gazette, by using the Internet, or by any other means the Minister thinks fit.

Compare: SR 2001/26 r 3

Regulation 3(1) Customs or the Customs: inserted, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3(1) Customs or the Customs and Customs officer: revoked, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3(1) Customs officer: inserted, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Export of arms to specified entity prohibited

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 has consented to that exportation of those goods.

Compare: SR 2001/26 r 4

5 Customs and Excise Act 2018 to apply to prohibited exports

All provisions of the Customs and Excise Act 2018 with respect to prohibited exports (except sections 388 and 389) apply to goods whose exportation is prohibited by regulation 4 as if the exportation of the goods were prohibited under section 96 of that Act.

Regulation 5: replaced, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

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 2001/26 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 2001/26 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 2001/26 r 8

Transactions in relation to dealing in arms with specified entity prohibited

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 has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods.

Compare: SR 2001/26 r 9

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 has consented to that carriage of the goods under regulation 4(2) or 9(2).

(3)

Ship or aircraft, in subclause (1), 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—

(i)

any New Zealand citizen; or

(ii)

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 2001/26 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 may be, 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)

Owner and charterer, in this regulation and in relation to a ship, include any person acting as the agent of the owner or, as the case may be, the agent of the charterer.

Compare: SR 2001/26 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 has consented to that provision of the assistance or training.

Compare: SR 2001/26 r 12

Entry of certain persons into New Zealand

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

(3)

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

Compare: SR 2001/26 r 12A

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

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

Miscellaneous provisions

14 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 2001/26 r 18

15 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 2001/26 r 19

16 Customs and Excise Act 2018 not affected

These regulations do not affect the operation of the Customs and Excise Act 2018.

Regulation 16: replaced, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

17 Revocation

Rebecca Kitteridge,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 November 2007.

Reprints notes
1 General

This is a reprint of the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Customs and Excise Act 2018 (2018 No 4): section 443(4)

Immigration Act 2009 (2009 No 51): section 406(2)