United Nations Sanctions (Sudan) Regulations 2004

Version as at 1 September 2022

Coat of Arms of New Zealand

United Nations Sanctions (Sudan) Regulations 2004

(SR 2004/466)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 20th day of December 2004

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

Pursuant to section 2 of the United Nations Act 1946, Her Excellency the Governor-General, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

for the purpose of giving effect to resolution 1556 (2004) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 30 July 2004, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Sudan the measures set out in that resolution,—

makes the following regulations.

Regulations

1 Title

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

2 Commencement

These regulations come into force on 10 December 2004.

3 Interpretation

In these regulations, unless the context otherwise requires,—

arms includes—

(a)

related materiel of all types (for example, weapons, ammunition, military vehicles and equipment, or paramilitary equipment); and

(b)

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

Committee means the Committee established by paragraph 3 of resolution 1591 (2005) of the Security Council of the United Nations

Comprehensive Peace Agreement means the Comprehensive Peace Agreement entered into between the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement/Sudan People’s Liberation Army in Nairobi, Kenya on 9 January 2005

Customs or the Customs has the same meaning as Customs in section 5(1) of the Customs and Excise Act 2018

Customs officer has the same meaning as in section 5(1) of the Customs and Excise Act 2018

designated person means persons or entities designated by the Committee in accordance with paragraph 3(c) of resolution 1591 (2005) of the Security Council of the United Nations

Minister means the Minister of Foreign Affairs and Trade

New Zealand includes Tokelau

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

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

Sudan means the Republic of the Sudan.

Regulation 3 Committee: inserted, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 3 Comprehensive Peace Agreement: inserted, on 1 September 2022, by regulation 4(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 3 Customs or the Customs: inserted, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3 Customs or the Customs and Customs officer: revoked, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3 Customs officer: inserted, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3 designated person: inserted, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 3 resolution: revoked, on 1 September 2022, by regulation 4(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Exportation of arms

4 Exportation of arms to Sudan prohibited

(1)

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.

(2)

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.

(3)

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:

(a)

supplies provided to monitoring, verification, or peace support operations, including such operations led by regional organisations, that are authorised by the United Nations or are operating with the consent of the relevant parties; or

(b)

non-lethal military equipment intended solely for humanitarian, human rights monitoring, or protective use; or

(c)

protective clothing (including flak jackets and military helmets) for the personal use of United Nations personnel, human rights monitors, representatives of the media, and humanitarian and development workers and associated personnel; or

(d)

supplies that are provided to support the implementation of the Comprehensive Peace Agreement and the provision of which has, if that implementation is in the states of North Darfur, South Darfur, or West Darfur, been notified to the Committee in advance by the Government of New Zealand; or

(e)

movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee upon a request by the Government of Sudan.

Compare: SR 2001/26 r 4

Regulation 4(1): amended, on 1 September 2022, by regulation 5(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 4(3): added, on 20 November 2008, by regulation 5 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 4(3): amended, on 1 September 2022, by regulation 5(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 4(3)(a): amended, on 1 September 2022, by regulation 5(3) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 4(3)(b): amended, on 1 September 2022, by regulation 5(4) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 4(3)(d): inserted, on 1 September 2022, by regulation 5(5) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 4(3)(e): inserted, on 1 September 2022, by regulation 5(5) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

5 Customs and Excise Act 2018 to apply to prohibited exports

(1)

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.

(2)

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

(a)

the Minister has consented to the exportation of those goods; or

(b)

the goods are of the kind described in regulation 4(3)(a) to (e).

Regulation 5: replaced, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 5(1): amended, on 1 September 2022, by regulation 6(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 5(2): inserted, on 1 September 2022, by regulation 6(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

6 Detention of prohibited exports

(1)

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

(2)

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—

(a)

goods to whose exportation the Minister has consented; and

(b)

goods of the kind described in regulation 4(3)(a) to (e).

Compare: SR 2001/26 r 6

Regulation 6(1): amended, on 1 September 2022, by regulation 7(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 6(2): inserted, on 1 September 2022, by regulation 7(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

7 Prohibited exports not to be loaded onto ships or aircraft

(1)

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.

(2)

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

(a)

the Minister has consented to the exportation of those goods; or

(b)

the goods are of the kind described in regulation 4(3)(a) to (e).

Compare: SR 2001/26 r 7

Regulation 7(1): amended, on 1 September 2022, by regulation 8(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 7(2): inserted, on 1 September 2022, by regulation 8(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

8 Power to withhold clearance of ship or aircraft

(1)

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.

(2)

In this regulation, prohibited goods has the meaning given in regulation 6(2).

Compare: SR 2001/26 r 8

Regulation 8(1): amended, on 1 September 2022, by regulation 9(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 8(2): inserted, on 1 September 2022, by regulation 9(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Dealings with arms

9 Transactions with persons in Sudan 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 Sudan; or

(b)

are intended for use in, or for the benefit of, Sudan.

(2)

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

(a)

the Minister has consented to the sale, transfer, carriage, delivery, or other dealing with, those goods; or

(b)

the goods are of the kind described in regulation 4(3)(a) to (e).

Compare: SR 2001/26 r 9

Regulation 9(1): amended, on 1 September 2022, by regulation 10(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 9(1)(b): replaced, on 1 September 2022, by regulation 10(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 9(2): replaced, on 1 September 2022, by regulation 10(3) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Carriage of arms

10 Carriage of arms to Sudan prohibited

(1)

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.

(2)

Subclause (1) does not apply if—

(a)

the Minister has consented to the carriage under regulation 4(2) or 9(2)(a); or

(b)

the arms are of the kind described in regulation 4(3)(a) to (e).

(3)

In subclause (1), ship or aircraft means—

(a)

any New Zealand ship or New Zealand aircraft:

(b)

any other ship or aircraft that is, for the time being, chartered to any New Zealand citizen, or to any body incorporated or constituted under the law of New Zealand.

(4)

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

Compare: SR 2001/26 r 10

Regulation 10(1): replaced, on 1 September 2022, by regulation 11 of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 10(2): replaced, on 1 September 2022, by regulation 11 of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

11 Liability of owner, charterer, master, or pilot in command

(1)

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:

(a)

in the case of a New Zealand ship or New Zealand 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 any other ship or 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, a person is not guilty of an offence under subclause (1) unless they knew

(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 Sudan.

(3)

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.

Compare: SR 2001/26 r 11

Regulation 11(2): amended, on 1 September 2022, by regulation 12 of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Provision of technical training or assistance relating to arms

12 Provision to Sudan 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 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.

(2)

Subclause (1) does not apply if—

(a)

the Minister has consented to that provision of the training or assistance; or

(b)

the technical training or assistance—

(i)

is related to supplies to which regulation 4(3)(a) applies and is provided for the purpose described in that regulation; or

(ii)

is related to non-lethal military equipment to which regulation 4(3)(b) applies and is intended solely for the purpose described in that regulation; or

(iii)

is assistance that is provided to support the implementation of the Comprehensive Peace Agreement and that, if that implementation is in the States of North Darfur, South Darfur, or West Darfur, has been notified to the Committee in advance by the Government of New Zealand.

Compare: SR 2001/26 r 12

Regulation 12(1): replaced, on 1 September 2022, by regulation 13(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 12(2): substituted, on 20 November 2008, by regulation 8 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 12(2)(b): replaced, on 1 September 2022, by regulation 13(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Minister’s consent

13 Preconditions to Minister’s consent

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

(a)

is not inconsistent with the measures set out in paragraphs 7 and 8 of Resolution 1556 (2004) of the Security Council of the United Nations and paragraph 7 of Resolution 1591 (2005) of the Security Council of the United Nations; or

(b)

is specified in paragraph 8(a), (b), or (c) of Resolution 1945 (2010) of the Security Council of the United Nations as an activity to which those measures do not apply, and will be carried out consistently with paragraphs 9 and 10 of that resolution.

Regulation 13(a): amended, on 1 September 2022, by regulation 14(1) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 13(b): replaced, on 1 September 2022, by regulation 14(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Funds, etc, of or for designated persons, etc

Heading: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

13A Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons

(1)

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

(a)

that the person knows is owned or controlled, directly or indirectly, by a designated person or a person or entity acting on behalf, or at the direction, of a designated person; and

(b)

that is located in New Zealand at or after 29 March 2005.

(2)

[Revoked]

Regulation 13A: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 13A(1): amended, on 1 September 2022, by regulation 15(1)(a) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 13A(1)(a): amended, on 1 September 2022, by regulation 15(1)(b) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

Regulation 13A(2): revoked, on 1 September 2022, by regulation 15(2) of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

13B Prohibition on sending funds, etc, to designated persons

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

(a)

to a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or

(b)

for the benefit of a designated person or a person or entity acting on behalf, or at the direction, of a designated person.

Regulation 13B: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 13B: amended, on 1 September 2022, by regulation 16 of the United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223).

13C Exceptions to regulations 13A and 13B

(1)

Nothing in regulation 13A(1) or 13B 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 3(g)(i) of resolution 1591 (2005) 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 3(g)(ii) of resolution 1591 (2005) of the Security Council of the United Nations and is authorised under that paragraph; or

(c)

is authorised under paragraph 3(g)(iii) of resolution 1591 (2005) of the Security Council of the United Nations (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments).

Regulation 13C: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Entry and transit of designated persons

Heading: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

13D 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 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 travel is justified on the ground of humanitarian need, including religious obligation; or

(b)

the Committee has concluded that the travel would otherwise further the objectives of Security Council resolutions relating to Sudan.

(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 subclause (1).

(5)

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

Regulation 13D: inserted, on 20 November 2008, by regulation 9 of the United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398).

Regulation 13D(4): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 13D(5): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Miscellaneous provisions

14 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.

Compare: SR 2001/26 r 18

15 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.

Compare: SR 2001/26 r 19

16 Customs and Excise Act 2018 not affected

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

Regulation 16: replaced, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 23 December 2004.

Notes
1 General

This is a consolidation of the United Nations Sanctions (Sudan) Regulations 2004 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

United Nations Sanctions (Sudan) Amendment Regulations 2022 (SL 2022/223)

Customs and Excise Act 2018 (2018 No 4): section 443(4)

Immigration Act 2009 (2009 No 51): section 406(2)

United Nations Sanctions (Sudan) Amendment Regulations 2008 (SR 2008/398)