These regulations are the United Nations Sanctions (Central African Republic) Regulations 2014.

These regulations come into force on 16 May 2014.

In these regulations, unless the context otherwise requires,—

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.

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),—

No person may directly or indirectly export arms from New Zealand to the Central African Republic knowing that the arms are intended to be exported to the Central African Republic, or are intended for use in, or for the benefit of, the Central African Republic.

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

Regulation 17 applies to the Minister’s consent under subclause (2).

Subclause (1) does not apply to—

Any notification in advance under regulation 4 in relation to a supply of arms must be given at least 20 days before the arms are delivered and must include all of the following information that applies in relation to the arms:

Any request for approval in advance under regulation 4 in relation to a supply of arms must include all of the following information that applies in relation to the arms:

All provisions of the Customs and Excise Act 2018 and of any regulations made under that Act with respect to prohibited exports (except sections 388 and 389) apply to arms that are intended to be exported to the Central African Republic, or are intended for use in, or for the benefit of, the Central African Republic, as if the exportation of the arms were prohibited under section 96 of that Act.

Subclause (1) does not apply to particular goods or to goods of a particular class if—

A Customs officer may detain any goods that the Customs officer has reasonable cause to suspect are prohibited goods.

In this regulation, prohibited goods means arms that are intended to be exported to the Central African Republic, or are intended for use in, or for the benefit of, the Central African Republic, other than—

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 arms, knowing that the arms are intended to be exported to the Central African Republic, or knowing that they are intended for use in, or for the benefit of, the Central African Republic.

Subclause (1) does not apply to particular goods or to goods of a particular class if—

The Customs may withhold the clearance of any ship or aircraft so long as there are on board the ship or aircraft any arms that any Customs officer has reasonable cause to suspect are prohibited goods.

In this regulation, prohibited goods has the same meaning as in regulation 6.

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 arms, knowing that those arms—

Subclause (1)(a) or (b) does not apply to particular goods or to goods of a particular class if—

Regulation 17 applies to the Minister’s consent under subclause (2)(a).

No New Zealand ship or New Zealand aircraft may be used for the carriage of arms if the carriage is, or forms part of, the carriage of those arms from any place to the Central African Republic.

Subclause (1) does not apply if—

Subclause (1) does not limit any of regulations 4 to 9.

If any New Zealand ship or New Zealand aircraft is used in contravention of regulation 10, each of the following persons is guilty of an offence against these regulations:

However, a person is not guilty of an offence under subclause (1) unless they knew—

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide technical training or assistance related to the following matters, knowing that the training or assistance is provided to a person in the Central African Republic—

Subclause (1) does not apply if the training or assistance—

Subclause (1) does not apply to training or assistance provided by United Nations member State forces to the Central African Republic security forces (including to state civilian law enforcement institutions)—

Regulation 17 applies to the Minister’s consent under subclause (2)(a).

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 of the United Nations made under Article 41 of the Charter of the United Nations.

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

Subclause (1) does not apply so as to prevent a person from entering or transiting through New Zealand if—

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 subclauses (1) to (3).

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

No person may transfer, sell, assign, dispose of, pay for, or otherwise deal with any asset, money, or security located in New Zealand knowing that it is owned or controlled, directly or indirectly,—

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

Regulation 17 applies to the Minister’s consent under subclause (2).

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may send, transfer, or deliver, or cause to be sent, transferred, or delivered, whether directly or indirectly, any asset, money, or security, knowing that it is being sent, transferred, or delivered—

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

Regulation 17 applies to the Minister’s consent under subclause (2).

The Minister may consent to any dealing with an asset, money, or security if the Minister is satisfied that the dealing is necessary—

The Minister may consent to the following being added to an account:

Interest and other earnings and payments added to an account under subclause (2) are subject to regulations 14(1) and 15(1).

The Minister may consent to a payment being made by a designated person under a contract entered into before the person became a designated person if—

Regulations 14(1) and 15(1) do not apply to an act consented to under subclause (1), (2), or (4).

Regulation 17 does not apply to the giving of a consent under subclause (1), (2), or (4).

The Minister may consent to an activity under regulation 4(2), 9(2)(a), 12(2)(a), 14(2), or 15(2) only if satisfied that the activity is not inconsistent with the measures set out in—

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—

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