Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836797667.pdf (New Zealand)
2008/391 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 Anand Satyanand, Governor­General Order in Council At Wellington this 20th day of October 2008 Present: The Right Hon Helen Clark presiding in Council (b) Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor­General, acting— (a) on the advice and with the consent of the Executive Council; and for the purposes of giving effect to resolution 1807 (2008) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 31 March 2008, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of the Democratic Re­ public of the Congo the measures set out in that resolution,— makes the following regulations.
1 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 2008/391 Contents Title Commencement Principal regulations amended Interpretation Exportation of arms to DRC prohibited Transactions with persons in DRC in relation to arms prohibited Carriage of arms to DRC prohibited Provision to DRC of assistance, advice, or training relating to military activities prohibited New headings and regulations 12A to 12D inserted Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons Prohibition on sending funds, etc, to designated persons Exceptions to regulations 12A and 12B Entry and transit of designated persons Designated person to enter New Zealand only if consistent with determinations of Security Council 12A 12B 12C 12D Page 2 2 3 3 3 4 4 4 4 5 5 6 6 Regulations Title These regulations are the United Nations Sanctions (Demo­ cratic Republic of the Congo) Amendment Regulations 2008.
Commencement These regulations come into force on the 28th day after the date of their notiﬁcation in the Gazette.

1 2008/391 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 r 5 3 4 Principal regulations amended These regulations amend the United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004.
Interpretation Regulation 3 is amended by inserting the following deﬁnitions in their appropriate alphabetical order: “committee means the committee established under para­ graph 8 of resolution 1533 of the Security Council of the United Nations “designated person means a person designated under para­ graph 13 of resolution 1596 or paragraph 2 of resolution 1649 or paragraph 13 of resolution 1807 of the Security Council of the United Nations “MONUC means the United Nations mission in the DRC”.
5 Exportation of arms to DRC prohibited Regulation 4 is amended by adding the following subclause: “(3) Subclause (1) does not apply to— “(a) arms, related materiel, and technical assistance intended solely for the support of, or use by,— “(i) MONUC; or “(ii) force deployed in the interim multinational Bunia; or “(iii) the integrated Congolese army and police forces; or the Government of the DRC; or “(iv) “(b) non­lethal military equipment and related technical as­ sistance— “(i) “(ii) that is intended solely for self­protection or hu­ manitarian aid; and the supply of which has been approved in ad­ vance by the committee; or “(c) protective clothing (including ﬂak jackets and military helmets) temporarily exported to the DRC by the fol­ lowing persons for their personal use in that country: “(i) United Nations personnel: 3 r 6 6 7 8 (1) (2) United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 2008/391 “(ii) representatives of the media, humanitarian and development workers, and associated person­ nel.” Transactions with persons in DRC in relation to arms prohibited Regulation 9(2) is amended by adding “, or to goods to which regulation 4(3) applies”.
Carriage of arms to DRC prohibited Regulation 10(2) is amended by adding “, or if regulation 4(3) applies to the goods”.

Provision to DRC of assistance, advice, or training relating to military activities prohibited Regulation 12(1) is amended by omitting “assistance” and substituting “ﬁnancial or other assistance, ﬁnancial resources, ﬁnancial services”.
Regulation 12 is amended by revoking subclauses (2) and (3) and substituting the following subclauses: “(2) The ﬁnancial or other assistance, ﬁnancial resources, ﬁnancial services, advice, or training referred to in subclause (1) in­ cludes, without limitation, any ﬁnancial or other assistance, ﬁ­ nancial resources, ﬁnancial services, technical advice, or train­ ing relating to the provision, manufacture, maintenance, or use of arms.
“(3) Subclause (1) does not apply if the Minister has consented to the provision of the ﬁnancial or other assistance, ﬁnancial resources, ﬁnancial services, technical advice, or training, or if regulation 4(3) applies to the provision of the assistance, resources, services, advice, or training.
“(4) For the purposes of this regulation, ﬁnancial services includes investment, brokering, and related services.” New headings and regulations 12A to 12D inserted The following headings and regulations are inserted after regu­ lation 12: 9 4 2008/391 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 r 9 “Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons “12A Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons “(1) No person may knowingly transfer, pay for, sell, assign, dis­ pose of, or otherwise deal with any asset, money, or security— that is owned or controlled, directly or indirectly, by a “(a) designated person or a person or entity acting on behalf, or at the direction, of a designated person; and that is located in New Zealand.
“(b) “(3) “(2) 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) (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 it was a restricted item or derived or generated from a restricted item.
“12B Prohibition on sending funds, etc, to designated persons “(1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, trans­ fer, or deliver, or knowingly cause to be sent, transferred, or delivered, whether directly or indirectly, any asset, money, or security— “(a) to a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or for the beneﬁt of a designated person or a person or en­ tity acting on behalf, or at the direction, of a designated person.
“(b) “(2) Subclause (1) does not apply if the Minister has consented to that sending, transfer, or delivery of the asset, money, or security.

5 r 9 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 2008/391 “12C Exceptions to regulations 12A and 12B “(1) Nothing in regulation 12A(1) or 12B(1) applies to any dealing authorised by a consent under subclause (2).
“(2) The Minister may consent to any dealing with any asset, money, or security if the Minister is satisﬁed that the deal­ ing— “(a) is necessary for basic expenses within the meaning of paragraph 12(a) of resolution 1807 of the Security Council of the United Nations and is authorised under that paragraph; or is necessary for extraodinary expenses within the mean­ ing of paragraph 12(b) of that resolution and is author­ ised under that paragraph; or is authorised under paragraph 12(c) of that resolution (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments).
“(b) “(c) “Entry and transit of designated persons “12D Designated person to enter New Zealand only if consistent with determinations of Security Council “(1) No person who is a 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.
“(2) Subclause (1) does not apply so as to prevent a designated person from entering or transiting through New Zealand if— the committee has determined that the travel is justi­ “(a) ﬁed on the grounds of humanitarian need, including re­ ligious obligations; or the committee has concluded that the travel would otherwise further the objectives of the Security Coun­ cil’s resolutions.

“(b) “(3) Subclause (1) does not apply to a designated person who is a New Zealand citizen.
“(4) A permit or visa may be granted or issued, under the Immigra­ tion Act 1987, to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the permit or visa is consistent with subclause (1).
6 2008/391 United Nations Sanctions (Democratic Republic of the Congo) Amendment Regulations 2008 “(5) This regulation operates in addition to the requirements of the Immigration Act 1987 and of any regulations made under that Act.” Rebecca Kitteridge, 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 the 28th day after the date of their notiﬁcation in the Gazette, give effect to the Security Council resolutions 1596, 1649, and 1807 calling upon the Govern­ ment of New Zealand and all other member States of the United Na­ tions to apply in respect of the Democratic Republic of the Congo the measures set out in those resolutions.

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

Date of notiﬁcation in Gazette: 23 October 2008.


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

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 7