MARINE NOTICE 10 / 2010:
SANCTIONS - Côte d’Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Sierra
Supersedes Marine Notice 21/2008
The purpose of this Marine Notice is to inform the owners, operators, masters and other users of all Australian ships of their obligations under regulations made pursuant to the Charter of the United Nations Act 1945 (‘the Act’).
As a United Nations (‘UN’) Member State, Australia is obliged by UN Security Council (‘UNSC’) decisions to take measures to prevent the supply, sale or transfer using Australian flag vessels of sanctioned goods to, and the procurement of sanctioned goods from, countries, individuals and entities subject to these sanctions.
Australia implements these restrictions on Australian flag vessels through regulations made under the Act, namely in relation to Côte d’Ivoire, the Democratic People’s Republic of Korea (‘DPRK’), the Democratic Republic of the Congo (‘DRC’), Eritrea, Iran, Iraq, Lebanon, Liberia, Sierra Leone, Somalia, Sudan, as well as to individuals and entities specifically named by the UNSC as being associated with Al-Qaida the Taliban, and conflicts involving Eritrea and Somalia.
All ships registered in Australia under the Shipping Registration Act 1981 (‘Australian ships’) are covered by these regulations, which provide that a person (which includes a body corporate), whether or not in Australia, and whether or not an Australian citizen, commits a criminal offence if that person uses the services of an Australian ship to transport ‘export sanctioned goods’ or ‘import sanctioned goods’ (see table below), the supply or procurement of which has not been authorised in accordance with the regulations.
These prohibitions are UN sanction enforcement laws under the Act. If an individual breaches a UN sanction enforcement law, he or she can be imprisoned for up to 10 years or receive a fine up to the greater of three times the value of the transaction or $275,000. For bodies corporate, breaches of UN sanction enforcement laws are offences of strict liability, resulting in a fine of up to the greater of either three times the value of the transaction or $1.1 million.
Further information on the scope of UNSC sanctions in relation to Australian ships can be found at: www.dfat.gov.au/un/unsc_sanctions/index.html
Links to the Act and the Regulations that implement UN sanctions can be viewed here.
For further information contact:
Office of Transport Security Coordination Centre
Phone: 1300 307 288
From outside Australia: +61 2 6274 8187
Email: Transport.Security@infrastructure.gov.au
Mick Kinley
A/g Chief Executive Officer
7 June 2010
Australian Maritime Safety Authority
GPO Box 2181,
Canberra City ACT 2601
File No: 2007/72
Destination
|
Export sanctioned goods
|
Import sanctioned goods
|
Al-Qaida and the Taliban (wherever located) |
arms and related materiel to a person or entity listed by the UNSC
|
Nil
|
Côte d’Ivoire
|
arms and related materiel
|
rough diamonds
|
DPRK
|
(a) arms and related materiel; (b) Nuclear Supplier Group Goods; (c) Missile Technology Control regime (MTCR) Goods; (d) Australia Group Goods; (e) Luxury goods |
(a) arms and related materiel; (b) Nuclear Supplier Group Goods; (c) Missile Technology Control regime (MTCR) Goods; (d) Australia Group Goods |
DRC
|
arms and related materiel
|
Nil
|
Eritrea
|
(a) arms and related materiel to Eritrea (b) weapons and military equipment to a person or entity listed by the UNSC (no listings as yet) |
Nil
|
Iran
|
(a) Nuclear Supplier Group Goods (b) Missile Technology Control regime Goods (c) Goods on Australia’s Iran Export Sanctioned Goods List
|
(a) Nuclear Supplier Group Goods (b) Missile Technology Control regime Goods (c) arms and related materiel |
Iraq
|
(a) arms and related materiel (b) Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed since August 1990; (c) items with respect to which reasonable suspicion exists that they have been illegally removed |
(a) Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed since the adoption of resolution 661 (1990) of 6 August 1990; and (b) items with respect to which reasonable suspicion exists that they have been illegally removed |
Lebanon
|
(a) arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment; and (b) spare parts for the aforementioned |
Nil
|
Liberia
|
arms and related materiel
|
Nil
|
Sierra Leone
|
arms and related matériel
|
Nil
|
Somalia
|
weapons and military equipment to (a) Somalia (b) a person or entity listed by the UNSC (no listings as yet) |
Nil
|
Sudan
|
arms and related materiel
|
Nil
|
This document is explanatory only, does not have the force of law and does not in any way constitute legal advice. This document does not supplement or modify regulations made under the Charter of the United Nations Act 1945.
The Australian Government recommends strongly those seeking to trade overseas consider the relevance of UNSC sanctions and, if need be, obtain independent legal advice.
Internet Address for all current Marine Notices: www.amsa.gov.au