United Nations Sanctions (Central African Republic) Regulations 2014

2014/147

Coat of Arms of New Zealand

United Nations Sanctions (Central African Republic) Regulations 2014

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 12th day of May 2014

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 2 of the United Nations Act 1946, Her Excellency the Administrator of the Government makes the following regulations—

  • (a) acting on the advice and with the consent of the Executive Council; and

  • (b) for the purpose of giving effect to resolutions 2127 (2013) and 2134 (2014) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 5 December 2013 and 28 January 2014 respectively, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of the Central African Republic the measures set out in those resolutions.

Regulations

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

2 Commencement
  • These regulations come into force on 16 May 2014.

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

    agent of a designated person means—

    • (a) any person who acts on behalf of, or at the direction of,—

      • (i) a designated person; or

      • (ii) another person who, directly or indirectly, acts on behalf of the designated person; or

    • (b) any entity owned or controlled by a designated person or a person to whom paragraph (a) applies

    arms includes—

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

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

    AU-RTF means the African Union-Regional Task Force

    BINUCA means the United Nations Integrated Peacebuilding Office in the Central African Republic

    charterer, in relation to a ship or aircraft, includes any person acting as the agent of the charterer

    Committee means the Committee established by paragraph 57 of resolution 2127

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

    designated person, in relation to measures set out in resolutions 2127 and 2134 and provided for in these regulations, means an individual or entity designated by the Committee as one to whom or to which the measures apply

    MICOPAX means the Mission for the Consolidation of Peace in the Central African Republic

    Minister means the Minister of Foreign Affairs

    MISCA means the African-led International Support Mission in the Central African Republic

    New Zealand includes Tokelau

    New Zealand aircraft means a New Zealand registered aircraft or a New Zealand chartered aircraft

    New Zealand chartered aircraft means any aircraft that is not a New Zealand registered aircraft but is, for the time being, chartered to a New Zealand citizen, or to any entity incorporated or constituted under the law of New Zealand

    New Zealand chartered ship means a ship that is not a New Zealand registered ship but is, for the time being, chartered to a New Zealand citizen, or to any entity incorporated or constituted under the law of New Zealand

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

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

    New Zealand ship means a New Zealand registered ship or a New Zealand chartered ship

    owner, in relation to a ship or an aircraft, includes any person acting as the agent of the owner

    resolution 2127 means resolution 2127 (2013) of the Security Council of the United Nations adopted on 5 December 2013

    resolution 2134 means resolution 2134 (2014) of the Security Council of the United Nations adopted on 28 January 2014

    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 missions means the following missions specified in resolutions 2127 and 2134:

    • (a) AU-RTF:

    • (b) BINUCA and its guard unit:

    • (c) MICOPAX:

    • (d) MISCA:

    • (e) the European Union operation in the Central African Republic:

    • (f) the French forces deployed in the Central African Republic.

    (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 persons; and

    • (b) any additions to, or deletions from, the list referred to in paragraph (a).

Exportation of arms

4 Exportation of arms to Central African Republic prohibited
  • (1) No person may directly or indirectly export arms from New Zealand to the Central African Republic.

    (2) 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.

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

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

    • (a) arms intended solely for the support of, or use by, specified missions; or

    • (b) non-lethal military equipment—

      • (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 the Central African Republic 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) small arms and other related equipment intended solely for use by international patrols defending the Sangha River Tri-national Protected Area against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the Central African Republic or the Central African Republic’s international obligations; or

    • (e) other sales or supply of arms, approved in advance by the Committee.

5 Customs and Excise Act 1996 to apply to prohibited exports
  • All provisions of the Customs and Excise Act 1996 and of any regulations made under that Act with respect to prohibited exports (except section 209) apply with respect to goods whose exportation is prohibited by regulation 4 in all respects as if the exportation of the goods were prohibited under section 56 of that Act.

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.

7 Prohibited exports not to be loaded onto ship 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.

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.

Dealings with arms

9 Transactions 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 arms, knowing that those arms—

    • (a) are intended to be imported into the Central African Republic; or

    • (b) are to be supplied or delivered to, or to the order of, any person in the Central African Republic.

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

    • (a) the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods; or

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

Controls on carriage of arms and aviation

10 Carriage of arms to or from Central African Republic prohibited
  • (1) 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.

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

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

11 Persons liable for contraventions of regulation 10
  • (1) 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:

    • (a) in the case of a New Zealand registered ship or New Zealand registered aircraft, 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 a New Zealand chartered ship or New Zealand chartered 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 or from the Central African Republic.

Provision of technical training or assistance relating to arms

12 Provision to Central African Republic of technical training or assistance 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 person in the Central African Republic any technical training or assistance related to—

    • (a) military activities; or

    • (b) the provision, manufacture, maintenance, or use of any arms.

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

    • (a) has been consented to by the Minister; or

    • (b) has been approved in advance by the Committee; or

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

Entry and transit 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 of the United Nations 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) 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 entry or transit is justified on the grounds of humanitarian need, including religious obligation; or

    • (b) the entry or transit is necessary to give effect to a judicial process; or

    • (c) the Committee has determined that the entry or transit would further the objectives of resolution 2134.

    (4) 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).

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

Assets, money, or securities of designated persons

14 Prohibition on dealings in assets, money, or securities of designated persons
  • (1) No person may knowingly transfer, sell, assign, dispose of, pay for, or otherwise deal with any asset, money, or security located in New Zealand that is owned or controlled, directly or indirectly,—

    • (a) by a designated person; or

    • (b) by an agent of a designated person.

    (2) 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.

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

    (4) It is a defence to a prosecution under this regulation in respect of any asset, money, or security of the kind specified in subclause (1) (a restricted item) if the defendant proves he or she dealt with the restricted item in good faith, at a time when he or she did not know that it was a restricted item.

15 Prohibition on sending assets, money, or securities to designated persons
  • (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 asset, money, or security—

    • (a) to a designated person; or

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

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

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

16 Exceptions to regulations 14 and 15
  • (1) The Minister may consent to any dealing with an asset, money, or security if the Minister is satisfied that the dealing is necessary—

    • (a) for basic expenses, and prior notice of the Minister’s intention to consent has been given to the Committee; or

    • (b) for extraordinary expenses, and prior notice of the Minister’s intention to consent has been given to the Committee and the Committee has approved the dealing; or

    • (c) to satisfy a judicial, administrative, or arbitral lien or judgment that took effect before 28 January 2014, other than a lien or judgment for the benefit of a designated person, and prior notice of the Minister’s intention to consent has been given to the Committee.

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

    • (a) interest or other earnings due on the account:

    • (b) payments due under any contract, agreement, or obligation of a designated person that arose before the date of their designation by the Committee.

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

    (4) 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—

    • (a) the Minister is satisfied that the payment will not, directly or indirectly, be received by a designated person; and

    • (b) at least 10 working days’ notice of the Minister’s intention to consent has been given to the Committee.

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

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

Minister’s consent

17 Preconditions to consent
  • 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—

    • (a) paragraph 54 of resolution 2127:

    • (b) paragraph 32 of resolution 2134.

Miscellaneous provisions

18 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.

19 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.

20 Customs and Excise Act 1996 not affected

Michael Webster,
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 16 May 2014, give effect to resolutions 2127 (2013) and 2134 (2014) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 5 December 2013 and 28 January 2014 respectively. The resolutions call for the imposition of sanctions in respect of the Central African Republic.

The regulations—

  • prohibit the exportation of arms from New Zealand to the Central African Republic (subject to limited exceptions):

  • prohibit persons in New Zealand and New Zealand citizens outside New Zealand from selling or otherwise dealing in arms intended to be imported into the Central African Republic:

  • prohibit the use of New Zealand ships or aircraft, or of ships or aircraft chartered by New Zealand citizens, for the carriage of arms to the Central African Republic:

  • prohibit persons in New Zealand and New Zealand citizens outside New Zealand from providing arms training to persons in the Central African Republic:

  • prevent persons identified by the Committee established under resolution 2127 from entering or transiting through New Zealand:

  • freeze the assets of individuals or entities designated by that Committee, to the extent that such assets are located in New Zealand.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 15 May 2014.

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