These regulations are the United Nations Sanctions (Côte d’Ivoire) Regulations 2005.

These regulations come into force on 12 January 2006.

In these regulations, unless the context otherwise requires,—

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.

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),—

No person may directly or indirectly export arms from New Zealand to Côte d’Ivoire.

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—

All provisions of the Customs and Excise Act 1996 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.

A Customs officer may detain any goods he or she suspects on reasonable grounds to be goods whose exportation is prohibited by regulation 4.

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.

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.

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 of the goods specified in regulation 4, knowing that those goods—

Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods.

No ship or aircraft may be used for the carriage of any of the goods specified in regulation 4 if the carriage is, or forms part of, the carriage of those goods from any place to Côte d’Ivoire.

Subclause (1) does not apply if the Minister has consented to that carriage of goods under regulation 4(2) or 9(2).

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, 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—

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 to, or at the request of, any person within Côte d’Ivoire, any assistance, advice, or training related to military activities.

The assistance, advice, or training referred to in subclause (1) includes, without limitation, any technical assistance or training relating to the provision, manufacture, maintenance, or use of arms.

Subclause (1) does not apply if the Minister has consented to the provision of the assistance, advice, or training.

Except with the consent of the Minister, the importation from Côte d’Ivoire into New Zealand, whether directly or indirectly, of diamonds is prohibited.

For the purposes of subclause (1), it does not matter whether or not the diamonds originated in Côte d’Ivoire.

Subclause (1) does not apply to any diamonds that were imported from Côte d’Ivoire on the date on which this regulation comes into force or at any time before that day.

The chief executive of the Customs may determine any dispute as to the date of exportation of diamonds from Côte d’Ivoire.

The provisions of the Customs and Excise Act 1996 with respect to prohibited imports (except section 209) apply to diamonds whose importation is prohibited by regulation 12A in all respects as if the importation of the diamonds was prohibited by section 54 of the Customs and Excise Act 1996.

A reference in this regulation to prohibited diamonds is a reference to diamonds whose importation is prohibited by regulation 12A.

A Customs officer may detain any diamonds imported into New Zealand that he or she suspects on reasonable grounds to be prohibited diamonds.

An importer of prohibited diamonds for which payment has not been made must pay the purchase price of the diamonds into a trust bank account (the trust account) operated under Part 7 of the Public Finance Act 1989 by the Customs.

All money in the trust account must be dealt with as the Minister of Finance directs.

Money paid into the trust account is not money deposited for the purposes of section 229 of the Customs and Excise Act 1996.

The chief executive of the Customs may determine any dispute as to the purchase price of any prohibited diamonds or as to the date of payment for the diamonds.

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.

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 of any regulations made under that Act.

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

Subclause (1) does not apply if the Minister has consented to that transfer, sale, assignment, or disposal of, payment for, or other dealing with, the asset, money, or security.

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

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 money or security—

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

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 1996.