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 14 June 2018, replace the United Nations Sanctions (Libya) Regulations 2011. They give effect to the following resolutions of the Security Council of the United Nations, adopted pursuant to the United Nations Charter:
resolution 1970 (2011), adopted on 26 February 2011:
resolution 1973 (2011), adopted on 17 March 2011:
resolution 2009 (2011), adopted on 16 September 2011:
resolution 2095 (2013), adopted on 14 March 2013:
resolution 2146 (2014), adopted on 19 March 2014:
resolution 2174 (2014), adopted on 27 August 2014:
resolution 2213 (2015), adopted on 27 March 2015:
resolution 2278 (2016), adopted on 31 March 2016:
resolution 2292 (2016), adopted on 14 June 2016:
resolution 2362 (2017), adopted on 29 June 2017.
These regulations give effect to the prohibitions established and amended by those resolutions, including arms embargoes and asset freezes. The sanctions implemented by these regulations relate to export and import of arms, transport of petroleum from Libya, transport of other prohibited items, property of designated persons, and entry and transit of designated persons in New Zealand.
Regulation 1 names these regulations as the United Nations Sanctions (Libya) Regulations 2018.
Regulation 2 provides that these regulations commence on 14 June 2018.
Regulation 3 contains necessary definitions, including definitions of arms, designated person, designated ship, and property.
Regulation 4 gives effect to Schedule 1 (transitional, savings, and related provisions). Schedule 1 does not contain any provisions at present.
The arms embargo provisions (regulations 5 to 12) prohibit—
the exportation of arms to Libya or for use in or for the benefit of Libya (subject to stated exceptions) and the importation of arms from Libya:
the loading onto craft of arms intended to be exported to Libya or for use in or for the benefit of Libya:
persons in New Zealand, and New Zealand citizens outside New Zealand, from selling, transferring, or otherwise dealing with arms that are covered by the exportation prohibition:
New Zealand craft from carrying arms that are covered by the exportation prohibition:
the provision of military assistance or training to any person in Libya, subject to stated exceptions.
The petroleum embargo provisions (regulations 13 to 17) prohibit—
the entry of designated ships into New Zealand ports:
transporting petroleum by a designated ship to any place from Libya, loading petroleum onto a designated ship for that purpose, and discharging from a designated ship in New Zealand petroleum transported from Libya:
financial transactions relating to petroleum being transported by a designated ship to any place from Libya:
bunkering services for a designated ship, subject to stated exceptions.
Regulation 18 prohibits an aircraft carrying any item the exportation or importation of which is prohibited by the principal regulations from taking off from, landing in, or flying over New Zealand.
The property provisions (regulations 19 to 22)—
prohibit any dealing with property located in New Zealand that is owned or controlled by a designated person or their agent, subject to specified exceptions (including the consent of the Minister of Foreign Affairs):
prohibit the sending, transfer, or delivery of any property to or for the benefit of a designated person, subject to specified exceptions (including the Minister’s consent):
regulate the application of those prohibitions to the property of a specified financial body according to when the body acquired the property:
provide how the Minister may give consent that overrides those prohibitions.
Regulation 23 prohibits designated individuals from entering or transiting through New Zealand, subject to stated exceptions.
Regulation 24 provides that a contravention of or failure to comply with a provision of these regulations is an offence.
Regulation 25 provides that the consent and certificate of the Attorney-General are required before a person can be prosecuted for an offence committed outside New Zealand.
Regulation 26 revokes the regulations that these regulations replace.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 17 May 2018.
These regulations are administered by the Ministry of Foreign Affairs and Trade.