United Nations Sanctions (Somalia) Amendment Regulations 2008

2008/397

Crest

United Nations Sanctions (Somalia) Amendment Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of October 2008

Present:
The Right Hon Helen Clark presiding in Council

Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the United Nations Sanctions (Somalia) 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 2 is amended by inserting the following definitions in their appropriate alphabetical order:

    AMISOM means the mission established by member States of the African Union and authorised by paragraph 4 of resolution 1744 (2007) of the Security Council of the United Nations

    Committee means the Committee established by paragraph 11 of resolution 751 (1992) of the Security Council of the United Nations.

5 New regulation 3 substituted
  • Regulation 3 is revoked and the following regulation substituted:

    3 Exportation of weapons and military equipment to Somalia prohibited
    • (1) Except with the consent of the Minister of Foreign Affairs and Trade, the exportation of weapons and military equipment from New Zealand to Somalia, whether directly or indirectly, is prohibited.

      (2) Subclause (1) does not apply to—

      • (a) weapons, military equipment, technical training, or assistance intended solely for the support of or use by AMISOM; or

      • (b) non-lethal military equipment if—

        • (i) that equipment is intended solely for humanitarian or protective use; and

        • (ii) the supply of that equipment is approved in advance by the Committee; or

      • (c) technical assistance if—

        • (i) that assistance is intended solely for the purpose of helping develop security sector institutions, consistent with the political process set out in paragraphs 1 to 3 of resolution 1744 (2007); and

        • (ii) the provision of that assistance is not disallowed by the Committee; or

      • (d) protective clothing (including flak jackets and military helmets) temporarily exported to Somalia 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.

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 on the 28th day after the date of their notification in the Gazette, amend the United Nations Sanctions (Somalia) Regulations 1992. The amendments clarify the exceptions to the arms embargo that are contained in paragraphs 2 and 3 of resolution 1356 (2001) of the Security Council of the United Nations, paragraph 6 of resolution 1744 (2007) of the Security Council of the United Nations, and paragraph 11 of resolution 1772 (2007) of the Security Council of the United Nations.


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

Date of notification in Gazette: 23 October 2008.

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