EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 168

 

 

Charter of the United Nations (Sanctions – Liberia)

Amendment Regulations 2005 (No. 1)

 

 

The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council Resolutions 1521 (2003) and 1532 (2004). 

 

Resolution 1521 revised the legal basis for sanctions against Liberia which had been imposed under Resolutions 1343 (2001) and 1478 (2003).  These sanctions include prohibitions in connection with arms, diamonds, timber and the travel of designated individuals.  Australia had implemented the obligations from Resolutions 1343 and 1478 under the Charter of the United Nations (Sanctions – Liberia) Regulations 2002 (the Principal Regulations).  Resolution 1521 abolished the committee which had been established under Resolution 1343 and established a new committee to oversee the implementation of the sanctions.  Consequently, amendments to the Principal Regulations are needed to reflect the terms of the more recent Resolution (1521).

 

Resolution 1532 requires states in which there are funds, other financial assets and economic resources owned or controlled by members of the former Charles Taylor regime to freeze such funds, assets and resources and to ensure that they are not made available to those former regime members.  The 1521 Committee has issued a list of individuals on whom this sanction applies.  The Regulations implement this obligation by making it an offence to deal in a particular asset of one of those individuals.

 

The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org).  Australia has an obligation under Article 25 of the United Nations Charter to carry out decisions of the Security Council.  All relevant Commonwealth Government Departments were consulted prior to the drafting of these proposed Regulations.