These regulations are the United Nations Sanctions (Sudan) Regulations 2004.

These regulations come into force on 10 December 2004.

In these regulations, unless the context otherwise requires,—

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

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.

Subclause (1) does not apply to arms described in 1 or more of the following paragraphs (qualifying arms) that are accompanied by end-user documentation sufficient to enable member States of the United Nations to ascertain that they are qualifying arms:

All provisions of the Customs and Excise Act 2018 with respect to prohibited exports (except sections 388 and 389) apply to arms that are intended to be exported to Sudan, or are intended for use in, or for the benefit of, Sudan, 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 Sudan, or are intended for use in, or for the benefit of, Sudan, 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 Sudan, or knowing that they are intended for use in, or for the benefit of, Sudan.

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 meaning given in regulation 6(2).

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

No ship or 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 Sudan.

Subclause (1) does not apply if—

In subclause (1), ship or aircraft means—

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

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:

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

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

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide any technical training or assistance relating to the provision, manufacture, maintenance, or use of any arms, knowing that it is provided to a person in Sudan.

Subclause (1) does not apply if—

Before consenting to an activity under regulation 4(2), 9(2), or 12(2), the Minister must be satisfied that the activity—

No person may transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

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—

Nothing in regulation 13A(1) or 13B applies to any dealing authorised by a consent under subclause (2).

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

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 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 subclause (1).

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

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.