United Nations Sanctions (Liberia) Amendment Regulations 2008

  • revoked
  • United Nations Sanctions (Liberia) Amendment Regulations 2008: revoked, on 5 April 2018, pursuant to clause 3 of the United Nations Sanctions (Liberia) Regulations Revocation Order 2018 (LI 2018/31).

Reprint as at 5 April 2018

Coat of Arms of New Zealand

United Nations Sanctions (Liberia) Amendment Regulations 2008

(SR 2008/394)

United Nations Sanctions (Liberia) Amendment Regulations 2008: revoked, on 5 April 2018, pursuant to clause 3 of the United Nations Sanctions (Liberia) Regulations Revocation Order 2018 (LI 2018/31).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of October 2008

Present:
The Right Hon Helen Clark presiding 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 purposes of giving effect to resolution 1753 (2007) of the Security Council of the United Nations adopted pursuant to the United Nations Charter on 27 April 2007, calling on the Government of New Zealand and all other member States of the United Nations to apply in respect of Liberia the measures set out in that resolution,—

makes the following regulations.

Regulations

1 Title

These regulations are the United Nations Sanctions (Liberia) Amendment Regulations 2008.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations amended
4 Interpretation

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

committee means the committee established under paragraph 21 of resolution 1521 of the Security Council of the United Nations

designated person means,—

(a)

for the measures (which relate to entry to, or transit through, New Zealand) in regulation 16, a person designated under paragraph 7(a) of resolution 1343 or paragraph 4 of resolution 1521 of the Security Council of the United Nations:

(b)

for the measures (which relate to assets and funds, etc) in regulations 16A and 16B, a person designated under paragraph 1 of resolution 1532 of the Security Council of the United Nations

UNMIL means the United Nations Mission in Liberia

5 Exportation of arms to Liberia prohibited

Regulation 4 is amended by adding the following subclause as subclause (2):

(2)

Subclause (1) does not apply to—

(a)

arms, related materiel, training, and assistance intended solely for the support of, or use by,—

(i)

UNMIL; or

(ii)

international training and reform programmes approved by the committee for the Liberian armed forces, the Liberian special security services, and the Liberian police; 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 Liberia 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.

6 Heading and regulations 13 to 15 revoked

(1)

The heading above regulation 13 is revoked.

(2)

7 Liberian citizens to enter New Zealand only if consistent with determinations of Security Council

(1)

The heading to regulation 16 is amended by omitting Liberian citizens and substituting Designated persons.

(2)

Regulation 16(1) is amended by omitting “Liberian citizen” and substituting “designated person”.

(3)

Regulation 16 is amended by inserting the following subclauses after subclause (1):

(1A)

Subclause (1) does not apply so as to prevent a 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.

(1B)

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

(4)

Regulation 16(2) is amended by omitting “Liberian citizen” and substituting “designated person”.

8 New regulation 16C inserted

The following regulation is inserted after regulation 16B:

16C Exceptions to regulations 16A and 16B

(1)

Nothing in regulation 16A(1) or 16B(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 2(a) of resolution 1532 of the Security Council of the United Nations and is authorised under that paragraph; or

(b)

is necessary for extraordinary expenses within the meaning of paragraph 2(b) of that resolution and is authorised under that paragraph; or

(c)

is authorised under paragraph 2(c) of that resolution (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments); or

(d)

comprises the payment into an account to which regulation 16A(1) or 16B(1) applies of interest or other earnings due in respect of that asset, money, or security, or the payment of amounts due under any contract entered into, or under any obligation that arose, before either of those regulations applied to that account, and that those additional payments will be treated in accordance with those regulations.

Rebecca Kitteridge,
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 28 days after the date of their notification in the Gazette, give effect to the Security Council resolution 1753 (2007) calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Liberia the measures set out in that resolution.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 October 2008.

Reprints notes
1 General

This is a reprint of the United Nations Sanctions (Liberia) Amendment Regulations 2008 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

United Nations Sanctions (Liberia) Regulations Revocation Order 2018 (LI 2018/31): clause 3