(1) These regulations may be cited as the United Nations Sanctions (Sierra Leone) Regulations 1997.

(2) These regulations come into force on 7 November 1997.

In these regulations, unless the context otherwise requires,—

(1) No person may directly or indirectly export from New Zealand to Sierra Leone—

• (a) arms and related matériel of all types, including weapons, ammunition, military vehicles, and military or paramilitary equipment; or

• (b) spare parts for any of the goods specified in paragraph (a).

• (c) [Revoked]

(2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister consents to the exportation of those goods.

(3) Subclause (1) does not apply to arms, related matériel, or spare parts intended solely for the support of, or use by,—

• (a) the Government of Sierra Leone; or

• (b) the Military Observer Group of the Economic Community of West African States; or

• (c) the United Nations.

The provisions of the Customs and Excise Act 1996 with respect to prohibited exports (except section 209) extend and apply with respect to goods whose exportation is prohibited by regulation 3, in all respects as if the exportation of the goods were prohibited under section 56 of that Act.

A Customs officer may detain goods that the Customs officer has reason to suspect are being exported in contravention of regulation 3.

If a master of a ship or a pilot in command of an aircraft knows that goods are intended to be exported in contravention of regulation 3, the master or the pilot must not permit those goods to be loaded onto the ship or aircraft.

If a Customs officer knows that there are on board a ship or aircraft goods intended to be exported in contravention of regulation 3, the Customs may withhold the clearance of the ship or aircraft while the goods remain on board.

(1) No person in New Zealand and no person who is a New Zealand citizen 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 3 if the person knows that—

• (a) they are intended to be imported into Sierra Leone; or

• (b) they are intended to be supplied or delivered to a person in Sierra Leone; or

• (c) they are intended to be supplied or delivered in accordance with the directions of a person in Sierra Leone.

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

(3) Subclause (1) does not apply to goods specified in regulation 3(3).

(1) This regulation applies to—

• (a) New Zealand ships:

• (b) New Zealand aircraft:

• (c) any other ship or aircraft that is, for the time being, chartered to any person who is a New Zealand citizen or a body incorporated or constituted under the law of New Zealand.

(2) No ship or aircraft to which this regulation applies may be used for the carriage of any of the goods specified in regulation 3, if the carriage is, or forms part of, carriage from any place outside Sierra Leone to any destination in Sierra Leone.

(3) Nothing in this regulation applies to any carriage of goods in respect of which the consent of the Minister has been given under regulation 3(2) or regulation 8(2), or to which regulation 3(3) or 8(3) applies.

(4) Nothing in this regulation limits the generality of regulations 3 to 8.

(1) An owner of a New Zealand ship and a master of a New Zealand ship must each ensure that the ship is not used in contravention of regulation 9.

(2) An owner of a New Zealand aircraft and a pilot in command of a New Zealand aircraft must each ensure that the aircraft is not used in contravention of regulation 9.

(3) A charterer of a ship or aircraft to which regulation 9(1)(c) applies must ensure that the ship or the aircraft is not used in contravention of regulation 9.

(4) A New Zealand citizen who is the master of a ship to which paragraph (c) of regulation 9(1) applies or the pilot in command of an aircraft to which that paragraph applies must ensure that the ship or the aircraft is not used in contravention of regulation 9.

(5) In this regulation, the terms owner and charterer, in relation to a ship, include any person acting as the agent of the owner or the agent of the charterer.

(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 person from entering or transiting through New Zealand if—

• (a) the committee has determined that the travel is justified on the grounds of humanitarian need, including religious obligations; or

• (b) the travel involves a witness whose presence is required, in accordance with paragraph 8 of resolution 1793 of the Security Council of the United Nations, before the Special Court for Sierra Leone; or

• (c) the committee has concluded that the travel would otherwise further the objectives of the Security Council's resolutions.

(3) Subclause (1) does not apply to a person who is a New Zealand citizen.

(3A) 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).

(4) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

(1) 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 provision of these regulations.

(2) It is a defence to a prosecution for failing to comply with a duty imposed by regulation 10 if the defendant proves that the defendant did not know and had no reason to suppose that the carriage of goods was, or formed part of, carriage from any place outside Sierra Leone to any destination in Sierra Leone.

(1) No prosecution for an offence against these regulations alleged to have been committed outside New Zealand may proceed without the leave of the Attorney-General.

(2) Subclause (1) does not prevent a person alleged to have committed an offence of the kind referred to in that subclause from being arrested (with or without a warrant) or from being remanded in custody or on bail, even though the leave of the Attorney-General under that subclause has not been given; but no further steps may be taken until that leave has been obtained.

These regulations do not limit or affect the operation of the Customs and Excise Act 1996.