United Nations Sanctions (Rwanda) Regulations 1994: revoked, on 20 November 2008, by clause 3 of the United Nations Sanctions (Rwanda) Regulations Revocation Order 2008 (SR 2008/395).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

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

PURSUANT to the United Nations Act 1946, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and for the purpose of giving effect to a resolution of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on the 17th day of May 1994, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Rwanda the measures set out in paragraph 13 of that resolution, hereby makes the following regulations.

1 Title and commencement

(1) These regulations may be cited as the United Nations Sanctions (Rwanda) Regulations 1994.

(2) These regulations shall come into force on the 10th day of June 1994.

2 Interpretation

In these regulations, unless the context otherwise requires,—

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

Customs or the Customs, and Customs officer: inserted, as from 30 September 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

The Customs Acts and Collector

[Revoked]

The Customs Acts and Collector: revoked, as from 30 September 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

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.

Prohibited exports

3 Exportation of arms and related materiel to Rwanda prohibited

Except with the consent of the Minister of Foreign Affairs and Trade, the exportation from New Zealand to Rwanda, whether directly or indirectly, of—
- (a) Arms and related materiel of all types, including weapons, ammunition, military vehicles and equipment, and paramilitary police equipment; or
- (b) Spare parts for any of the goods specified in paragraph (a) of this regulation—
is hereby prohibited.

4 Application of Customs and Excise Act 1996 to prohibited exports

All the provisions of the Customs and Excise Act 1996 with respect to prohibited exports (except section 209) shall extend and apply with respect to goods whose exportation is prohibited by regulation 3 of these regulations, in all respects as if the exportation of the goods were prohibited under section 56 of the Customs and Excise Act 1996.

This section was substituted, as from 1 October 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

5 Detention of prohibited exports

If a Customs officer has reason to suspect that any goods being exported are goods whose exportation is prohibited by regulation 3 of these regulations, the Customs officer may detain the goods.

This section was substituted, as from 1 October 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

6 Loading of prohibited exports onto ships or aircraft prohibited

The master of a ship or the pilot in command of an aircraft shall not permit to be laden in the ship or aircraft any goods whose exportation is prohibited by regulation 3 of these regulations, knowing that the goods are intended to be exported in contravention of that regulation.

7 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 known to a Customs officer to be goods whose exportation is prohibited by regulation 3 of these regulations.

This section was substituted, as from 1 October 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

Prohibited transactions in relation to imports

8 Prohibited transactions in relation to imports into Rwanda

Except with the consent of the Minister of Foreign Affairs and Trade, no person shall in New Zealand, and no New Zealand citizen shall in any place outside New Zealand, enter into or be concerned in any sale, transfer, carriage, or delivery of or other dealing with any of the goods specified in regulation 3 of these regulations knowing that—
- (a) They are intended to be imported into Rwanda; or
- (b) They are to be supplied or delivered to or to the order of any person in Rwanda.

Prohibition on carriage of prohibited goods

9 Prohibition on carriage of arms and related materiel to Rwanda

(1) This regulation applies to—
- (a) Any New Zealand ship:
- (b) Any New Zealand aircraft:
- (c) Any other ship or aircraft that is, for the time being, chartered to any person being a New Zealand citizen or a body incorporated or constituted under the law of New Zealand.
(2) Without prejudice to the generality of the foregoing provisions of these regulations, no ship or aircraft to which this regulation applies shall be used for the carriage of any of the goods specified in regulation 3 of these regulations, if the carriage is, or forms part of, carriage from any place outside Rwanda to any destination in Rwanda.

(3) Nothing in this regulation shall apply to any carriage of goods in respect of which the consent of the Minister of Foreign Affairs and Trade has been given under any other provision of these regulations.

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

(1) If any ship or aircraft is used in contravention of regulation 9 of these regulations, then,—
- (a) In the case of a New Zealand ship or aircraft, the owner and the master of the ship or, as the case may be, the owner and the pilot in command of the aircraft; or
- (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, such master or pilot in command—
shall each be guilty of an offence against these regulations, unless he or she proves that he or she did not know and had no reason to suppose that the carriage of goods was, or formed part of, carriage from any place outside Rwanda to any destination in Rwanda.
(2) In this regulation, the terms owner and charterer, in relation to a ship, include any person acting as the agent of the owner or, as the case may be, the agent of the charterer.

Miscellaneous provisions

11 Offences

Every person commits an offence against these regulations and shall be 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.

12 Consent of Attorney-General to proceedings in certain cases

Proceedings for the trial and punishment of any person who is charged with having committed outside New Zealand any offence against these regulations shall not be instituted in any Court except with the consent of the Attorney-General and on his or her certificate that it is expedient that the proceedings be instituted.

13 Customs and Excise Act 1996 not affected

Nothing in these regulations shall limit or affect the operation of the Customs and Excise Act 1996.

This section was substituted, as from 1 October 1996, by section 289(2) Customs and Excise Act 1996 (1996 No 27).

MARIE SHROFF,

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 10 June 1994, are made for the purpose of giving effect to paragraph 13 of the resolution of the Security Council of the United Nations, adopted on 17 May 1994, concerning the imposition of sanctions on deliveries of arms and related materiel to Rwanda. These regulations—

(a) Prohibit the exportation from New Zealand to Rwanda of arms and related materiel of all types, including weapons, ammunition, military vehicles and equipment, and paramilitary police equipment:

(b) Prohibit a person who is in New Zealand or a New Zealand citizen outside New Zealand from entering into or being concerned with any transaction involving the sale, transfer, carriage, or delivery of or other dealing with any of the prohibited goods if that person knows that the goods are destined for Rwanda:

(c) Prohibit the carriage of any of the prohibited goods on any New Zealand ship, New Zealand aircraft, or a ship or aircraft chartered by a New Zealand citizen or a body incorporated or constituted under the law of New Zealand if the carriage is, or forms part of, carriage from any place outside Rwanda to any destination in Rwanda.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 9 June 1994.

1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)

Notes

1 General

This is an eprint of the United Nations Sanctions (Rwanda) Regulations 1994. It incorporates all the amendments to the regulations as at 20 November 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint

This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official” under “Status of legislation on this site” in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)

United Nations Sanctions (Rwanda) Regulations Revocation Order 2008 (SR 2008/395)

United Nations Sanctions (Rwanda) Regulations 1994