Statute Details
- Title: United Nations (Sanctions — South Sudan) Regulations 2019
- Full Title: N/A
- Act Code: UNA2001-S395-2019
- Type: sl
- Commencement Date: N/A
- Parts: N/A
- Key Sections: Section 4: In these Regulations, unless the context otherwise requires —; Section 5: A person in Singapore or a citizen of Singapore outside Singapore must not supply, sell or transfer,; Section 6: An owner or master of a ship registered as a Singapore ship under the Merchant Shipping Act 1995, or; Section 12: A person who contravenes regulation 5, 6, 7, 8, 9, 10 or 11 shall be guilty of an offence.
- Related Legislation: Air Navigation Act 1966, Customs Act 1960, Markets Act 2022, Merchant Shipping Act 1995, Timeline Authorising Act
What Is This Legislation About?
The United Nations (Sanctions — South Sudan) Regulations 2019 are a set of regulations enacted by the Singapore government to assist in giving effect to various United Nations Security Council resolutions related to the situation in South Sudan. These regulations impose a range of sanctions and restrictions on activities involving South Sudan, with the aim of supporting the international community's efforts to address the ongoing conflict and humanitarian crisis in the country.
The key purpose of this legislation is to implement the sanctions measures specified in UN Security Council Resolutions 2206 (2015), 2290 (2016), 2428 (2018), and 2521 (2020). These resolutions have imposed targeted sanctions, including asset freezes and travel bans, on individuals and entities deemed responsible for or complicit in the conflict in South Sudan. The Singaporean regulations give domestic legal effect to these UN-mandated sanctions within Singapore's jurisdiction.
What Are the Key Provisions?
The United Nations (Sanctions — South Sudan) Regulations 2019 contain several key provisions that restrict various activities and transactions related to South Sudan:
Prohibition on Supplying Designated Export Items (Section 5): Persons in Singapore or Singaporean citizens outside Singapore are prohibited from supplying, selling, or transferring any "designated export items" to any person in South Sudan. Designated export items are defined as certain goods, materials, equipment, and technology specified in Singapore's Regulation of Imports and Exports Regulations.
Prohibition on Using Singapore Ships or Aircraft (Section 6): Owners or masters of Singapore-registered ships, as well as owners or operators of aircraft registered in Singapore, are prohibited from carrying designated export items for supply, sale, or transfer to any person in South Sudan.
Prohibition on Providing Assistance (Section 7): Persons in Singapore or Singaporean citizens outside Singapore are prohibited from providing technical assistance, training, financial assistance, or other assistance related to military activities or the provision, maintenance, or use of designated export items to any person in South Sudan. They are also prohibited from providing armed mercenary personnel to South Sudan.
Prohibition on Dealing with Property of Designated Persons (Section 8): Persons in Singapore or Singaporean citizens outside Singapore are prohibited from dealing, directly or indirectly, in any property (including funds) owned or controlled by designated persons, entities owned or controlled by designated persons, or individuals/entities acting on behalf of or under the direction of designated persons.
Prohibition on Providing Resources and Services to Designated Persons (Section 9): Persons in Singapore or Singaporean citizens outside Singapore are prohibited from making available any funds, financial assets, or economic resources, directly or indirectly, to or for the benefit of designated persons, entities owned or controlled by designated persons, or individuals/entities acting on behalf of or under the direction of designated persons.
General Prohibition (Section 10): Persons in Singapore or Singaporean citizens outside Singapore are prohibited from knowingly doing anything that causes, assists, or promotes any act or thing prohibited by the regulations.
How Is This Legislation Structured?
The United Nations (Sanctions — South Sudan) Regulations 2019 are structured in 14 sections:
- Citation and commencement - Provides the title and commencement date of the regulations.
- Object - States the purpose of the regulations in assisting with the implementation of relevant UN Security Council resolutions.
- Application - Specifies the scope of application, including exemptions for certain financial institutions and variable capital companies.
- Definitions - Defines key terms used in the regulations, such as "designated export item", "designated person", and "UN List".
- -10 - Contain the substantive prohibitions and requirements, as outlined in the previous section.
- Duty to provide information - Imposes a duty on persons to provide information related to designated persons and their property.
- Power to investigate - Grants investigative powers to the Director-General of Customs.
- Offences - Establishes that contravention of the regulations is an offence.
- Forfeiture - Provides for the forfeiture of items or property involved in offences.
- Exemption - Allows for exemptions to be granted from the prohibitions in certain circumstances.
Who Does This Legislation Apply To?
The United Nations (Sanctions — South Sudan) Regulations 2019 apply to the following persons:
- Persons in Singapore
- Singaporean citizens outside Singapore
- Owners or masters of ships registered as Singapore ships under the Merchant Shipping Act 1995
- Owners or operators of aircraft registered in Singapore under the Air Navigation Act 1966
The regulations also apply to dealings with designated persons, entities owned or controlled by designated persons, and individuals/entities acting on behalf of or under the direction of designated persons, as defined in the legislation.
Why Is This Legislation Important?
The United Nations (Sanctions — South Sudan) Regulations 2019 are an important part of Singapore's efforts to support the international community's response to the ongoing conflict and humanitarian crisis in South Sudan. By implementing the sanctions measures specified in the relevant UN Security Council resolutions, Singapore is fulfilling its obligations as a member of the United Nations and contributing to the global effort to address the situation in South Sudan.
The regulations provide a legal framework for enforcing the sanctions within Singapore's jurisdiction, with penalties for non-compliance. This helps to ensure that Singapore does not become a haven for individuals or entities seeking to circumvent the UN-mandated sanctions. The regulations also empower Singapore's authorities, such as the Director-General of Customs, to investigate and take action against any violations.
Ultimately, the legislation is intended to exert diplomatic and economic pressure on those responsible for the conflict in South Sudan, with the aim of encouraging a peaceful resolution and the protection of civilians. By aligning its domestic laws with the UN sanctions regime, Singapore is demonstrating its commitment to international peace and security.
Related Legislation
- Air Navigation Act 1966
- Customs Act 1960
- Markets Act 2022
- Merchant Shipping Act 1995
Source Documents
This article provides an overview of the United Nations (Sanctions — South Sudan) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.