Here is a 1,500-word article explaining the United Nations (Sanctions - Sudan) Regulations 2006:
Statute Details
- Title: United Nations (Sanctions - Sudan) Regulations 2006
- Full Title: N/A
- Act Code: UNA2001-S554-2006
- Type: Subsidiary Legislation
- Commencement Date: 20 September 2006
- Parts: N/A
- Key Sections: Section 4: Definitions; Section 6A: Prohibition against supplying designated export items; Section 6B: Prohibition against using Singapore ship or aircraft to supply designated export items; Section 9: Offences
- Related Legislation: Air Navigation Act 1966, Markets Act 2022, Merchant Shipping Act 1995, United Nations Act
What Is This Legislation About?
The United Nations (Sanctions - Sudan) Regulations 2006 are a set of subsidiary regulations enacted under the United Nations Act in Singapore. The purpose of these regulations is to assist in giving effect to various resolutions passed by the United Nations Security Council related to the situation in Sudan, including Resolutions 1556 (2004), 1591 (2005), 1945 (2010) and 2035 (2012).
The key focus of these regulations is to impose sanctions and restrictions on dealings with certain designated persons and entities connected to the conflict in the Darfur region of Sudan. This includes prohibitions on financial transactions, the provision of resources and services, and the supply of certain goods and technology. The regulations also create offenses for contravening these prohibitions.
What Are the Key Provisions?
The United Nations (Sanctions - Sudan) Regulations 2006 contain several key provisions that impose restrictions and obligations:
Prohibition on Dealing with Property of Designated Persons (Section 5)
The regulations prohibit any person in Singapore, or any Singaporean citizen outside Singapore, from directly or indirectly dealing in any property 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. This includes funds derived from such property.
Prohibition on Provision of Resources and Services for Benefit of Designated Persons (Section 6)
The regulations prohibit making available any funds, financial assets, or economic resources, directly or indirectly, to 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 Supplying Designated Export Items (Section 6A)
The regulations prohibit persons in Singapore or Singaporean citizens outside Singapore from selling or supplying any "designated export item" to any "specified person." Designated export items are certain goods, technology and materials related to Sudan that are prohibited from export, transhipment or transit under the Regulation of Imports and Exports Regulations. Specified persons include individuals/entities operating in the Darfur region, parties to the N'djamena Ceasefire Agreement, or belligerents in the Darfur states.
Prohibition on Using Singapore Ships/Aircraft to Supply Designated Export Items (Section 6B)
The regulations prohibit owners or masters of Singapore-registered ships, and owners or operators of aircraft registered in Singapore, from carrying designated export items for supply or sale to any specified person.
Prohibition on Provision of Technical Assistance, Training, etc. (Section 6C)
The regulations prohibit persons in Singapore or Singaporean citizens outside Singapore from providing any technical training or assistance related to the provision, manufacture, maintenance or use of designated export items to any specified person.
General Prohibition (Section 7)
The regulations contain a general prohibition on any person in Singapore or Singaporean citizen outside Singapore from knowingly doing anything that causes, assists, promotes, or is intended to cause, assist or promote any act prohibited by the regulations.
Duty to Provide Information (Section 8)
The regulations impose a duty on any person in Singapore or Singaporean citizen outside Singapore who has possession, custody or control of property belonging to a designated person, or information about transactions involving such property, to provide that information to the authorities.
Offenses and Penalties (Section 9)
The regulations create offenses for contravening the various prohibitions, with penalties of a fine not exceeding $100,000 or imprisonment for a term not exceeding 5 years, or both.
How Is This Legislation Structured?
The United Nations (Sanctions - Sudan) Regulations 2006 are structured in a straightforward manner, with 10 sections covering the key elements:
- Citation and Commencement - Provides the title and effective date of the regulations.
- Object - States the purpose of the regulations in assisting to give effect to relevant UN Security Council resolutions.
- Application - Outlines the limited exceptions where the regulations do not apply.
- Definitions - Provides definitions for key terms used, such as "designated person," "designated export item," and "specified person."
- -10. The substantive provisions imposing prohibitions, duties, and creating offenses.
Who Does This Legislation Apply To?
The United Nations (Sanctions - Sudan) Regulations 2006 apply to two main groups:
- Persons in Singapore - The prohibitions and duties apply to any person physically located in Singapore.
- Singapore Citizens Outside Singapore - The regulations also apply to Singaporean citizens when they are outside of Singapore.
There are some limited exceptions where the regulations do not apply, such as for certain financial institutions and variable capital companies that are subject to directions or regulations issued by the Monetary Authority of Singapore.
Why Is This Legislation Important?
The United Nations (Sanctions - Sudan) Regulations 2006 are an important part of Singapore's framework for implementing United Nations Security Council sanctions and resolutions. By enacting these regulations, Singapore demonstrates its commitment to the international rules-based order and its support for UN efforts to address the conflict and humanitarian crisis in Sudan.
The regulations impose strict prohibitions on dealings with designated persons and entities, as well as the supply of certain goods and technology to specified persons in Sudan. This helps to isolate and constrain those responsible for or complicit in the violence and human rights abuses in the Darfur region.
Failure to comply with the regulations can result in significant criminal penalties, underscoring the seriousness with which Singapore views these sanctions. The regulations also create a legal obligation for persons in possession of relevant information to report it to the authorities, enhancing the enforcement and effectiveness of the sanctions regime.
Overall, the United Nations (Sanctions - Sudan) Regulations 2006 are an important tool for Singapore to support international efforts to resolve the conflict in Sudan and hold perpetrators accountable. They demonstrate Singapore's commitment to the UN system and its willingness to take concrete steps to implement UN Security Council decisions.
Related Legislation
- Air Navigation Act 1966
- Markets Act 2022
- Merchant Shipping Act 1995
- United Nations Act
Source Documents
This article provides an overview of the United Nations (Sanctions — Sudan) Regulations 2006 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.