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United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2004

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

UNITED NATIONS

UNITED NATIONS SANCTIONS (TERRORISM SUPPRESSION AND AFGHANISTAN MEASURES) REGULATIONS 2004

2004/5 – 23 September 2003

1 Title

These are the United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2004.

2 [Spent]

3 Interpretation

(1) In these Regulations –

"Al-Qaida entity" –

(a) Means the Al-Qaida organisation; and

(b) Includes an entity (other than the Al-Qaida organisation) designated, by or under 1 or more resolutions of the Security Council relating to Afghanistan, as being an entity associated with Usama bin Laden and against whom a sanction imposed by those resolutions and provided for in regulations 6 or 8 is to be imposed;

"entity" means a person, group, trust, partnership, or fund, or an unincorporated association or organisation; "funds" –

(a) Means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and

(b) Includes legal documents or instruments (for example, bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind;

"property" –

(a) Means real or personal property of any description, whether situated in Niue or elsewhere and whether tangible or intangible; and

(b) Includes an interest in any real or personal property of that kind;

"specified entity" has the meaning given to it in regulation 4;

"Taliban" means the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan;

"Taliban entity" means an entity (other than an Al-Qaida entity or the Taliban or Usama bin Laden) designated, by or under one or more Resolutions of the Security Council relating to Afghanistan, as an entity against whom a sanction imposed by those resolutions and provided for in regulation 6 or regulation 8 is to be imposed.

(2) A reference in these regulations to the transfer of property that is a security includes a reference to a transfer of the security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

(3) The Minister of External Affairs may publish, in any manner that he or she thinks fit (for example, by notice in the Gazette, or publication on the Internet, or both) –

(a) A list of the names, and of any other known identifying details, of entities that are specified entities to whom some or all of the provisions of these Regulations apply;

(b) Any additions to, or deletions from, the list referred to in paragraph (a).

4 Application

These Regulations apply in respect of the entities referred to in column 1 of the table in the Schedule to the extent specified in column 2 of that table opposite the references to those entities, and references in these Regulations to a "specified entity" must be read accordingly.

5 Collecting or providing funds for specified entities

(1) No person may, directly or indirectly, wilfully and without lawful justification or reasonable excuse, provide or collect funds intending that they be used, or knowing that they are to be used, in full or in part, by a specified entity.

(2) In a prosecution for an offence against these regulations of contravening paragraph (1), it is not necessary for the prosecutor to prove that the funds collected or provided were actually used, in full or in part, by specified entity.

6 Dealing with property of, or derived or generated from property of, specified entities

(1) No person may, without lawful justification or reasonable excuse, deal with any property knowing that the property is –

(a) Property owned or controlled, whether directly or indirectly, by a specified entity; or

(b) Property derived or generated from any property of the kind specified in subparagraph (a).

(2) Paragraph (1) does not apply if the Minister of Finance has, underregulation 9, authorised that dealing with the property (for example, to enable a third party with a valid interest in the property, or in the maintenance or disposition of it, to obtain relief).

(3) In this regulation "deal with", in relation to any property –

(a) Means to use or deal with the property, in any way and by any means, for example, to acquire possession of, or a legal or an equitable interest in, transfer, pay for, sell, assign, or dispose of (including by way of gift) the property; and

(b) Includes allowing the property to be used or dealt with, or facilitating the use of it or dealing with it.

7 Property suspected to be owned or controlled by specified entities to be reported

A person in possession or control of property that the person suspects on reasonable grounds is property that is or may be owned or controlled by, or on behalf of, a specified entity must, as soon as practicable after forming that suspicion, report it to a constable.

8 Making property, or financial or other related services, available to specified entities

(1) No person may make available, or cause to be made available, directly or indirectly, without lawful justification or reasonable excuse, any property, or any financial or business or professional services, either to, or for the benefit of, a specified entity, knowing that the entity is a specified entity.

(2) An example of a person making property available with a lawful justification, for the purposes of paragraph (1) is where the property the person made available is items of food, clothing, or medicine, that are necessaries of life.

(3) Paragraph (1) does not apply if the Minister of Finance has, under regulation 9, authorised that making available of the property or services (for example, to enable a third party with a valid interest in the property, or in the maintenance or disposition of it, to obtain relief).

(4) In this regulation "make available", in relation to any property or services, means to make the property or services available in any way and by any means (for example, to send, transfer, deliver, or provide the property or services).

9 Minister of Finance may authorise activities or transactions

(1) The Minister of Finance may, by notice in writing, permit any 1 or more activities or transactions, or classes of activities or transactions, that would otherwise be prohibited by regulations 6 or 8.

(2) Any authorisation of that kind –

(a) May be subject to terms or conditions; and

(b) May be amended, or revoked, or revoked and replaced.

(3) If a person has obtained an authorisation of that kind, another person involved in carrying out the activity or transaction or class or classes of activities or transactions to which the authorisation relates is not subject to regulations 6 or 8.

(4) Paragraph (3) does not apply if –

(a) The authorisation is subject to terms or conditions imposed under paragraph (2) (a), and

(b) Those terms or conditions are not satisfied.

10 Recruiting members of specified groups

No person may recruit another person as a member of a group or organisation, knowing that the group or organisation is a specified entity.

11 Participating in specified groups

No person may participate in a group or organisation, knowing that the group or organisation is a specified entity.

12 Protection of persons

(1) A person has immunity from civil, criminal, or disciplinary proceedings to the extent provided in paragraphs (2) and (3) if the person –

(a) Acts in purported compliance with the requirements of any of regulations 6 and 8; or

(b) Reports a suspicion to a constable under regulation 7 (1); or

(c) Discloses information in connection with a report of that kind.

(2) No civil, criminal, or disciplinary proceedings lie against a person to whom paragraph (1) applies –

(a) In respect of the acts of the person in good faith and with reasonable care in purported compliance with the requirements of any of regulations 6 and 8; or

(b) In respect of the report or disclosure, or the manner of the report or disclosure, by that person, of the information referred to in paragraph (1)(b) and (c); or

(c) For any consequences that follow from the report or disclosure of that information.

(3) Paragraph (2)(b) and (c) does not apply if the information was reported or disclosed in bad faith, or without reasonable care having been taken in determining, before the report or disclosure, that an entity is a specified entity.

13 Offences

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.

14 Minister’s consent required for prosecutions

(1) No prosecution for an offence against these Regulations may be instituted in any court except with the consent of the Minister of External Affairs.

(2) A person alleged to have committed an offence against these Regulations may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Minister’s consent under paragraph (1) has not been obtained.

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SCHEDULE

(Regulation 4(1)

Specified Entities