These regulations are the United Nations Sanctions (Libya) Regulations 2011.

These regulations come into force on 1 April 2011.

In these regulations, unless the context otherwise requires,—

No person may directly or indirectly export arms from New Zealand to Libya.

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

Subclause (1) does not apply to—

No person may directly or indirectly import arms into New Zealand from Libya.

All provisions of the Customs and Excise Act 1996 and of any regulations made under that Act with respect to prohibited exports (except section 209) apply with respect to goods whose exportation is prohibited by regulation 4 in all respects as if the exportation of the goods were prohibited under section 56 of that Act.

All provisions of the Customs and Excise Act 1996 and of any regulations made under that Act with respect to prohibited imports (except section 209) apply with respect to goods whose importation is prohibited by regulation 5 in all respects as if the importation of the goods were prohibited under section 54 of that Act.

A Customs officer may detain any goods he or she suspects on reasonable grounds to be—

The master of a ship or the pilot in command of an aircraft must not permit to be laden in the ship or aircraft any goods whose exportation is prohibited by regulation 4, knowing that the goods are intended to be exported in contravention of that regulation.

The Customs may withhold the clearance of any ship or aircraft so long as there are on board the ship or aircraft any goods any Customs officer knows to be goods whose exportation is prohibited by regulation 4 or whose importation is prohibited by regulation 5.

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any arms knowing that those arms—

Subclause (1)(a) or (b) does not apply to particular goods or to goods of a particular class if—

No New Zealand ship or New Zealand aircraft may be used for the carriage of arms if the carriage is, or forms part of, the carriage of those arms—

Subclause (1), so far as it relates to the carriage of arms to Libya, does not apply if—

Subclause (1) does not limit any of regulations 4 to 10.

If any New Zealand ship or New Zealand aircraft is used in contravention of regulation 11, each of the following persons is guilty of an offence against these regulations:

However, it is a defence to any such offence if the person concerned proves that he or she did not know and had no reason to suppose—

Without the consent of the Minister, no New Zealand aircraft may fly into or over Libya.

If any New Zealand aircraft is used in contravention of subclause (1), each of the following persons is guilty of an offence against these regulations:

This regulation applies to any aircraft that carries—

Except with the consent of the Minister, no person who has reasonable grounds to believe that this regulation applies to an aircraft may permit or authorise the aircraft—

Subclause (2), so far as it relates to the carriage of arms to Libya, does not apply if—

Subclause (2)(b) does not apply to an emergency landing.

This regulation applies to an aircraft that is owned or operated—

Except with the consent of the Minister, no person may permit or authorise an aircraft to which this regulation applies—

Subclause (2)(b) does not apply to an emergency landing.

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide to, or at the request of, any person in Libya any technical training or assistance related to—

Subclause (1) does not apply to any training or assistance—

No specified individual 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.

Subclause (1) does not apply to a specified individual who is a New Zealand citizen.

Subclause (1) does not apply so as to prevent an individual from entering or transiting through New Zealand if—

A specified individual may be granted a visa under the Immigration Act 2009 only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclauses (1) to (3).

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

A person in New Zealand, a New Zealand citizen in any place outside New Zealand, and an entity incorporated or constituted under New Zealand law, or otherwise subject to New Zealand’s jurisdiction, must exercise vigilance when doing business if that person, citizen, or entity—

No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security located in New Zealand that is owned or controlled, directly or indirectly, —

Subclause (1) does not apply if the Minister has consented to the transfer, sale, assignment, disposal of, payment for, or other dealing with, the asset, money, or security.

No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, transfer, or deliver, or knowingly cause to be sent, transferred, or delivered, whether directly or indirectly, any asset, money, or security—

Subclause (1) does not apply if the Minister has consented to the sending, transfer, or delivery of the asset, money, or security.

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.

If an offence against these regulations is alleged to have been committed outside New Zealand, a prosecution for the offence may not be commenced without—

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