An Act to approve the Charter of the United Nations, and to
enable Australia to apply sanctions giving effect to certain decisions of the
Security Council
Part 1—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Charter
of the United Nations Act 1945.
2
Interpretation
In this Act the Charter of the
United Nations means the instrument so entitled which was signed at the
city of San Francisco on the twenty‑sixth day of June, One thousand nine
hundred and forty‑five and which provides for the establishment of an
international organization to be known as the United Nations.
3
Extension to external Territories
This Act extends to every external
Territory.
4 Act
binds the Crown
(1) This Act binds the Crown in right of the
Commonwealth, of each of the States, of the Australian Capital Territory, of
the Northern Territory and of Norfolk Island.
(2) Nothing in this Act renders the Crown in
any right liable to be prosecuted for an offence.
Part 2—Approval of Charter
5
Approval
The Charter of the United Nations (a
copy of which is set out in the Schedule) is approved.
Part 3—Regulations to Apply Security Council Sanctions
Division 1—Making and effect of regulations
6
Regulations may apply sanctions
The Governor‑General may make
regulations for and in relation to giving effect to decisions that:
(a) the Security Council has made
under Chapter VII of the Charter of the United Nations; and
(b) Article
25 of the Charter requires Australia to carry out;
in so far as those
decisions require Australia to apply measures not involving the use of armed
force.
Note: Articles 39 and 41 of the Charter provide for
the Security Council to decide what measures not involving the use of armed
force are to be taken to maintain or restore international peace and security.
7
Regulations may have extra‑territorial effect
(1) The regulations may be expressed to have
extra‑territorial effect.
(2) If they are so expressed, they have
effect accordingly, and so does Division 2 of this Part.
8
Regulations expire when sanctions resolution ceases to bind Australia
(1) In so far as the regulations provide for
or in relation to giving effect to a particular decision of the Security
Council:
(a) they cease to have effect when
Article 25 of the Charter of the United Nations ceases to require Australia to
carry out that decision; and
(b) they do not revive, even if Australia
again becomes required to carry out the decision.
(2) However, to avoid doubt, nothing in this
section prevents the repeal of regulations, or the making of regulations that
are the same in substance as regulations that have ceased to have effect
because of this section.
9
Effect of regulations on earlier Commonwealth Acts and on State and Territory
laws
The regulations have effect despite:
(a) an Act enacted before the
commencement of this section; or
(b) an instrument made under such an
Act (including such an instrument made at or after that commencement); or
(c) a law of a State or Territory; or
(d) an instrument made under such a
law; or
(e) any provision of the Corporations
Act 2001 or the Australian Securities and Investments Commission Act
2001, or of regulations made under those Acts; or
(f) an instrument made under such a
provision.
10
Later Acts not to be interpreted as overriding this Part or the regulations
(1) An Act enacted at or after the
commencement of this section is not to be interpreted as:
(a) amending or repealing, or
otherwise altering the effect or operation of, a provision of this Part or of
the regulations; or
(b) authorising the making of an
instrument amending or repealing, or otherwise altering the effect or operation
of, a provision of this Part or of the regulations.
(2) Subsection (1) does not affect the
interpretation of an Act so far as that Act provides expressly for that Act, or
for an instrument made under that Act, to have effect despite this Act, despite
the regulations, or despite a specified provision of this Act or of the
regulations.
11
Other instruments giving effect to Security Council decisions
To avoid doubt, the validity or
operation of an instrument made under another Act is not affected merely
because the instrument was made in connection with giving effect to a decision
of the Security Council.
Division 2—Enforcing the regulations
12
Offences
(1) The regulations may prescribe penalties
of not more than 50 penalty units for offences against the regulations.
(2) The limitation on penalties in subsection
(1) does not prevent the regulations from requiring someone to make a statutory
declaration.
13
Injunctions
(1) If a person has engaged, is engaging, or
proposes to engage, in conduct involving a contravention of the regulations, a
superior court may by order grant an injunction restraining the person from
engaging in conduct specified in the order.
(2) An injunction may only be granted on
application by the Attorney‑General.
(3) On an application, the court may, if it
thinks it appropriate, grant an injunction by consent of all parties to the
proceedings, whether or not the court is satisfied that subsection (1) applies.
(4) A superior court may, if it thinks it
desirable, grant an interim injunction pending its determination of an application.
(5) A court is not to require the Attorney‑General
or anyone else, as a condition of granting an interim injunction, to give an
undertaking as to damages.
(6) A court may discharge or vary an
injunction it has granted.
(7) The power to grant or vary an injunction
restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the
court that the person intends to engage again, or to continue to engage, in
such conduct; and
(b) whether or not the person has previously
engaged in such conduct.
(8) In this section:
superior court means the Federal Court of
Australia or the Supreme Court of a State or Territory.
Part 4—Offences to give effect to Security Council decisions
14
Definitions
In this Part:
asset means:
(a) an asset of any kind or property
of any kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) a legal document or instrument in
any form, including electronic or digital, evidencing title to, or interest in,
such an asset or such property, including, but not limited to, bank credits,
travellers cheques, bank cheques, money orders, shares, securities, bonds, debt
instruments, drafts and letters of credit.
freezable asset means an asset that:
(a) is owned or controlled by a
proscribed person or entity; or
(b) is a listed asset; or
(c) is derived or generated from
assets mentioned in paragraph (a) or (b).
listed asset means an asset listed by the
Minister under section 15.
proscribed person or entity means:
(a) a person or entity listed by the
Minister under section 15; or
(b) a person or entity proscribed by
regulation under section 18.
superior court means the Federal Court of
Australia or the Supreme Court of a State or Territory.
15
Listing persons, entities and assets
(1) The Minister must list a person or entity
under this section if the Minister is satisfied of the prescribed matters.
(2) The Governor‑General may make
regulations prescribing the matters of which the Minister must be satisfied
before listing a person or entity under subsection (1).
(3) The Minister may list an asset, or class
of asset, under this section if the Minister is satisfied of the prescribed
matters.
(4) The Governor‑General may make
regulations prescribing the matters of which the Minister must be satisfied
before listing an asset under subsection (3).
(5) A matter must not be prescribed under
subsection (2) or (4) unless the prescription of the matter would give effect
to a decision that:
(a) the Security Council has made under
Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires
Australia to carry out; and
(c) relates to terrorism and dealings
with assets.
(6) A person or entity is listed by notice in
the Gazette.
(7) An asset or class of asset is listed by
notice in the Gazette.
16
Minister may revoke the listing
(1) The Minister may revoke a listing under
section 15 if the Minister is satisfied that the listing is no longer necessary
to give effect to a decision that:
(a) the Security Council has made
under Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires
Australia to carry out; and
(c) relates to terrorism and dealings
with assets.
(2) The Minister may revoke the listing
either at the Minister’s own instigation or on application by the listed person
or entity.
(3) The listing is revoked by notice in the Gazette.
(4) The listing is revoked at the start of
the day immediately after the day on which notice is published in the Gazette.
17
Listed person or entity may apply to have the listing revoked
(1) A listed person or entity may apply to
the Minister to have the listing revoked.
(2) The application must:
(a) be in writing; and
(b) set out the circumstances relied
upon to justify the application.
(3) The Minister is not required to consider
an application (the current application) by a listed person or
entity under this section if the listed person or entity has made an
application under this section within one year before the current application.
18
Proscription by regulation
(1) The Governor‑General may make
regulations proscribing persons or entities under this section.
(2) A person or entity must not be proscribed
under subsection (1) unless the proscription would give effect to a decision:
(a) that the Security Council has made
under Chapter VII of the Charter of the United Nations; and
(b) that Article 25 of the Charter
requires Australia to carry out; and
(c) that relates to terrorism and
dealings with assets; and
(d) under which the person or entity
is identified (whether in the decision or using a mechanism established under
the decision) as a person or entity to which the decision relates.
(3) The regulations may proscribe persons or
entities under this section by incorporating a list of persons or entities
identified, either in the decision itself or using a mechanism established
under the decision, as persons or entities to which the decision relates. The
list may be incorporated by the regulations as it exists from time to time.
19
Effect of resolution ceasing to bind Australia
(1) In so far as a listing under section 15
gives effect to a particular decision of the Security Council, the listing is
revoked when Article 25 of the Charter of the United Nations ceases to require Australia
to carry out that decision.
(2) In so far as regulations proscribing a
person or entity under section 18 give effect to a particular decision of the
Security Council:
(a) the regulations cease to have
effect when Article 25 of the Charter of the United Nations ceases to require
Australia to carry out that decision; and
(b) they do not revive, even if Australia
again becomes required to carry out the decision.
(3) However, to avoid doubt, nothing in this
section prevents:
(a) the revocation, under section 16,
of a listing; or
(b) the repeal of regulations; or
(c) the making of regulations that are
the same in substance as regulations that have ceased to have effect because of
this section.
20
Offence—dealing with freezable assets
(1) A person commits an offence if:
(a) the person holds an asset; and
(b) the person:
(i) uses or deals with the
asset; or
(ii) allows the asset to be
used or dealt with; or
(iii) facilitates the use of
the asset or dealing with the asset; and
(c) the asset is a freezable asset;
and
(d) the use or dealing is not in
accordance with a notice under section 22.
Penalty: Imprisonment for 5 years.
(2) Strict liability applies to the
circumstance that the use or dealing with the asset is not in accordance with a
notice under section 22.
(3) It is a defence if the person proves that
the use or dealing was solely for the purpose of preserving the value of the
asset.
(4) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1).
21
Offence—giving an asset to a proscribed person or entity
(1) A person commits an offence if:
(a) the person, directly or
indirectly, makes an asset available to a person or entity; and
(b) the person or entity to whom the
asset is made available is a proscribed person or entity; and
(c) the making available of the asset
is not in accordance with a notice under section 22.
Penalty: Imprisonment for 5 years.
(2) Strict liability applies to the
circumstance that the making available of the asset is not in accordance with a
notice under section 22.
(3) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1).
22
Authorised dealings
(1) The owner or holder of a freezable asset
may apply in writing to the Minister for permission to use or deal with the
asset in a specified way.
(2) The owner or holder of an asset may apply
in writing to the Minister for permission to make the asset available to a
proscribed person or entity specified in the application.
(3) The Minister may, by written notice:
(a) permit a freezable asset specified
in the notice to be used or dealt with in a specified way; or
(b) permit an asset specified in the
notice to be made available to a proscribed person or entity specified in the
notice.
(3A) The Minister may issue such a notice on his
or her own initiative or upon application under subsection (1) or (2).
(4) The notice may be subject to conditions.
(5) The notice must be given to the owner or
holder of the asset as soon as practicable after it is made.
(6) The Minister may delegate the Minister’s
powers and functions under this section to:
(a) the Secretary of the Department;
or
(b) an SES employee, or acting SES
employee, in the Department.
The delegation must be in writing.
(7) The delegate must comply with any
directions of the Minister in exercising powers or functions under the
delegation.
22A Regulations on procedures relating to freezable
assets
(1) The Governor‑General may make
regulations relating to procedures relating to assets that are, may be or may
become freezable assets.
(2) The regulations may provide for
procedures relating to information (including personal information) relating to
such assets in circumstances involving:
(a) a listing, or proposed listing, of
a person, entity, asset or class of asset under section 15; or
(b) a question whether an asset is or
may become a freezable asset; or
(c) an application for, or grant of,
permission under section 22.
(3) Subsection (2) does not limit subsection (1).
23
Part prevails over conflicting legal obligations
This Part prevails over provisions in
laws of the Commonwealth, or of a State or Territory, that would otherwise
require a person to act in contravention of this Part.
24
Indemnity for holder of assets
A person is not liable to an action,
suit or proceeding for anything done or omitted to be done in good faith
and without negligence in compliance or purported compliance with this Part.
25
Compensation for persons wrongly affected
If:
(a) the owner or controller of an
asset instructs a person holding the asset to use or deal with it; and
(b) the holder refuses to comply with
the instruction; and
(c) the refusal was in good faith, and
without negligence, in purported compliance with this Part; and
(d) the asset was not a freezable
asset; and
(e) the owner of the asset suffered
loss as a result of the refusal;
the owner of the asset is entitled to be compensated by
the Commonwealth for that loss.
26
Injunctions
(1) If a person has engaged, is engaging, or
proposes to engage, in conduct involving a contravention of this Part, a
superior court may by order grant an injunction restraining the person from
engaging in conduct specified in the order.
(2) An injunction may only be granted on
application by the Attorney‑General.
(3) On an application, the court may, if it
thinks it appropriate, grant an injunction by consent of all parties to the
proceedings, whether or not the court is satisfied that subsection (1) applies.
(4) A superior court may, if it thinks it
desirable, grant an interim injunction pending its determination of an
application.
(5) A court is not to require the Attorney‑General
or anyone else, as a condition of granting an interim injunction, to give an
undertaking as to damages.
(6) A court may discharge or vary an
injunction it has granted.
(7) The power to grant or vary an injunction
restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the
court that the person intends to engage again, or to continue to engage, in
such conduct; and
(b) whether or not the person has
previously engaged in such conduct.
The Schedule—Charter of the United Nations
WE THE PEOPLES OF THE UNITED
NATIONS
DETERMINED
to save succeeding
generations from the scourge of war, which twice in our lifetime has brought
untold sorrow to mankind, and
to reaffirm faith
in fundamental human rights, in the dignity and worth of the human person, in the
equal rights of men and women and of nations large and small, and
to establish
conditions under which justice and respect for the obligations arising from
treaties and other sources of international law can be maintained, and
to promote social
progress and better standards of life in larger freedom,
AND FOR THESE
ENDS
to practice
tolerance and live together in peace with one another as good neighbours, and
to unite our strength to maintain international peace and security, and
to ensure, by the
acceptance of principles and the institution of methods, that armed force shall
not be used, save in the common interest, and
to employ
international machinery for the promotion of the economic and social
advancement of all peoples,
HAVE RESOLVED TO
COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS.
Accordingly,
our respective Governments, through representatives assembled in the city of
San Francisco, who have exhibited their full powers found to be in good and due
form, have agreed to the present Charter of the United Nations and do hereby
establish an international organization to be known as the United Nations.
CHAPTER 1
PURPOSES AND PRINCIPLES
Article 1
The Purposes of the United Nations are:
1. To
maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and
for the suppression of acts of aggression or other breaches of the peace, and
to bring about by peaceful means, and in conformity with the principles of
justice and international law, adjustment or settlement of international
disputes or situations which might lead to a breach of the peace;
2. To
develop friendly relations among nations based on respect for the principle of
equal rights and self‑determination of peoples, and to take other
appropriate measures to strengthen universal peace;
3. To
achieve international cooperation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion; and
4. To
be a center for harmonizing the actions of nations in the attainment of these
common ends.
Article 2
The
Organization and its Members, in pursuit of the Purposes stated in Article 1,
shall act in accordance with the following Principles.
1. The
Organization is based on the principle of the sovereign equality of all its
Members.
2. All
Members, in order to ensure to all of them the rights and benefits resulting
from membership, shall fulfil in good faith the obligations assumed by them in
accordance with the present Charter.
3. All
Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
4. All
Members shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the Purposes of the United
Nations.
5. All
Members shall give the United Nations every assistance in any action it takes
in accordance with the present Charter, and shall refrain from giving
assistance to any State against which the United Nations is taking preventive
or enforcement action.
6. The
Organization shall ensure that states which are not members of the United
Nations act in accordance with these Principles so far as may be necessary for
the maintenance of international peace and security.
7. Nothing
contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of
any state or shall require the Members to submit such matters to settlement
under the present Charter; but this principle shall not prejudice the
application of enforcement measures under Chapter VII.
CHAPTER II
MEMBERSHIP
Article 3
The
original Members of the United Nations shall be the states which having
participated in the United Nations Conference on International Organization at San
Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
Article
4
1. Membership
in the United Nations is open to all other peace‑loving states which
accept the obligations contained in the present Charter and, in the judgment of
the Organization, are able and willing to carry out these obligations.
2. The
admission of any such state to membership in the United Nations will be
effected by a decision of the General Assembly upon the recommendation of the
Security Council.
Article
5
A
Member of the United Nations against which preventive or enforcement action has
been taken by the Security Council may be suspended from the exercise of the
rights and privileges of membership by the General Assembly upon the
recommendation of the Security Council. The exercise of these rights and
privileges may be restored by the Security Council.
Article 6
A
Member of the United Nations which has persistently violated the Principles
contained in the present Charter may be expelled from the Organization by the
General Assembly upon the recommendation of the Security Council.
CHAPTER III
ORGANS
Article 7
1. There
are established as the principal organs of the United Nations: a General
Assembly, a Security Council, an Economic and Social Council, a Trusteeship
Council, an International Court of Justice, and a Secretariat.
2. Such
subsidiary organs as may be found necessary may be established in accordance
with the present Charter.
Article
8
The
United Nations shall place no restrictions on the eligibility of men and women
to participate in any capacity and under conditions of equality in its
principal and subsidiary organs.
CHAPTER IV
THE GENERAL ASSEMBLY
Composition
Article 9
1. The
General Assembly shall consist of all the Members of the United Nations.
2. Each
Member shall have not more than five representatives in the General Assembly.
Functions and
Powers
Article
10
The
General Assembly may discuss any questions or any matters within the scope of
the present Charter or relating to the powers and functions of any organs
provided for in the present Charter, and, except as provided in Article 12, may
make recommendations to the Members of the United Nations or to the Security
Council or to both on any such questions or matters.
Article
11
1. The
General Assembly may consider the general principles of cooperation in the
maintenance of international peace and security, including the principles
governing disarmament and the regulation of armaments, and may make
recommendations with regard to such principles to the Members or to the
Security Council or to both.
2. The
General Assembly may discuss any questions relating to the maintenance of
international peace and security brought before it by any Member of the United
Nations, or by the Security Council, or by a state which is not a Member of the
United Nations in accordance with Article 35, paragraph 2, and, except as
provided in Article 12, may make recommendations with regard to any such
questions to the state or states concerned or to the Security Council or to
both. Any such question on which action is necessary shall be referred to the
Security Council by the General Assembly either before or after discussion.
3. The
General Assembly may call the attention of the Security Council to situations
which are likely to endanger international peace and security.
4. The
powers of the General Assembly set forth in this Article shall not limit the
general scope of Article 10.
Article
12
1. While
the Security Council is exercising in respect of any dispute or situation the
functions assigned to it in the present Charter, the General Assembly shall not
make any recommendation with regard to that dispute or situation unless the
Security Council so requests.
2. The
Secretary‑General, with the consent of the Security Council, shall notify
the General Assembly at each session of any matters relative to the maintenance
of international peace and security which are being dealt with by the Security
Council and shall similarly notify the General Assembly, or the Members of the
United Nations if the General Assembly is not in session, immediately the
Security Council ceases to deal with such matters.
Article
13
1. The
General Assembly shall initiate studies and make recommendations for the
purpose of:
(a) promoting
international cooperation in the political field and encouraging the
progressive development of international law and its codification;
(b) promoting
international cooperation in the economic, social, cultural, educational, and
health fields, and assisting in the realization of human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.
2. The
further responsibilities, functions, and powers of the General Assembly with
respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters
IX and X.
Article
14
Subject
to the provisions of Article 12, the General Assembly may recommend measures
for the peaceful adjustment of any situation, regardless of origin, which it
deems likely to impair the general welfare or friendly relations among nations,
including situations resulting from a violation of the provisions of the
present Charter setting forth the Purposes and Principles of the United
Nations.
Article
15
1. The
General Assembly shall receive and consider annual and special reports from the
Security Council; these reports shall include an account of the measures that
the Security Council has decided upon or taken to maintain international peace
and security.
2. The
General Assembly shall receive and consider reports from the other organs of
the United Nations.
Article
16
The
General Assembly shall perform such functions with respect to the international
trusteeship system as are assigned to it under Chapters XII and XIII, including
the approval of the trusteeship agreements for areas not designated as
strategic.
Article
17
1. The
General Assembly shall consider and approve the budget of the Organization.
2. The
expenses of the Organization shall be borne by the Members as apportioned by
the General Assembly.
3. The
General Assembly shall consider and approve any financial and budgetary
arrangements with specialized agencies referred to in Article 57 and shall
examine the administrative budgets of such specialized agencies with a view to
making recommendations to the agencies concerned.
Voting
Article
18
1. Each
member of the General Assembly shall have one vote.
2. Decisions
of the General Assembly on important questions shall be made by a two‑thirds
majority of the members present and voting. These questions shall include:
recommendations with respect to the maintenance of international peace and
security, the election of the non‑permanent members of the Security Council,
the election of the members of the Economic and Social Council, the election of
members of the Trusteeship Council in accordance with paragraph 1 (c) of
Article 86, the admission of new Members to the United Nations, the suspension
of the rights and privileges of membership, the expulsion of Members, questions
relating to the operation of the trusteeship system, and budgetary questions.
3. Decisions
on other questions, including the determination of additional categories of
questions to be decided by a two‑thirds majority, shall be made by a
majority of the members present and voting.
Article
19
A
Member of the United Nations which is in arrears in the payment of its
financial contributions to the Organization shall have no vote in the General
Assembly if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the proceeding two full years. The General
Assembly may, nevertheless, permit such a Member to vote if it is satisfied
that the failure to pay is due to conditions beyond the control of the Member.
Procedure
Article
20
The
General Assembly shall meet in regular annual sessions and in such special
sessions as occasion may require. Special sessions shall be convoked by the
Secretary‑General at the request of the Security Council or of a majority
of the Members of the United Nations.
Article 21
The
General Assembly shall adopt its own rules of procedure. It shall elect its
President for each session.
Article
22
The
General Assembly may establish such subsidiary organs as it deems necessary for
the performance of its functions.
CHAPTER V
THE SECURITY COUNCIL
Composition
Article 23 [see
Note 2]
1. The
Security Council shall consist of eleven Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland, and the United States of America
shall be permanent members of the Security Council. The General Assembly shall
elect six other Members of the United Nations to be non‑permanent members
of the Security Council, due regard being specially paid, in the first instance
to the contribution of Members of the United Nations to the maintenance of
international peace and security and to the other purposes of the Organization,
and also to equitable geographical distribution.
2. The
non‑permanent members of the Security Council shall be elected for a term
of two years. In the first election of the non‑permanent members,
however, three shall be chosen for a term of one year. A retiring member shall
not be eligible for immediate re‑election.
3. Each
member of the Security Council shall have one representative.
Functions and
Powers
Article
24
1. In
order to ensure prompt and effective action by the United Nations, its Members
confer on the Security Council primary responsibility for the maintenance of
international peace and security, and agree that in carrying out its duties
under this responsibility the Security Council acts on their behalf.
2. In
discharging these duties the Security Council shall act in accordance with the
Purposes and Principles of the United Nations. The specific powers granted to
the Security Council for the discharge of these duties are laid down in
Chapters VI, VII, VIII, and XII.
3. The
Security Council shall submit annual and, when necessary, special reports to
the General Assembly for its consideration.
Article 25
The
Members of the United Nations agree to accept and carry out the decisions of
the Security Council in accordance with the present Charter.
Article 26
In
order to promote the establishment and maintenance of international peace and
security with the least diversion for armaments of the world’s human and
economic resources, the Security Council shall be responsible for formulating,
with the assistance of the Military Staff Committee referred to in Article 47,
plans to be submitted to the Members of the United Nations for the
establishment of a system for the regulation of armaments.
Voting
Article
27 [see Note 2]
1. Each
member of the Security Council shall have one vote.
2. Decisions
of the Security Council on procedural matters shall be made by an affirmative
vote of seven members.
3. Decisions
of the Security Council on all other matters shall be made by an affirmative
vote of seven members including the concurring votes of the permanent members;
provided that, in decisions under Chapter VI, and under paragraph 3 of Article
52, a party to a dispute shall abstain from voting.
Procedure
Article
28
1. The
Security Council shall be so organized as to be able to function continuously.
Each member of the Security Council shall for this purpose be represented at
all times at the seat of the Organization.
2. The
Security Council shall hold periodic meetings at which each of its members may,
if it so desires, be represented by a member of the government or by some other
specially designated representative.
3. The
Security Council may hold meetings at such places other than the seat of the
Organization as in its judgment will best facilitate its work.
Article
29
The
Security Council may establish such subsidiary organs as it deems necessary for
the performance of its functions.
Article 30
The
Security Council shall adopt its own rules of procedure, including the method
of selecting its President.
Article 31
Any
Member of the United Nations which is not a member of the Security Council may
participate, without vote, in the discussion of any question brought before the
Security Council whenever the latter considers that the interests of that
Member are specially affected.
Article
32
Any
Member of the United Nations which is not a member of the Security Council or
any state which is not a Member of the United Nations, if it is a party to a
dispute under consideration by the Security Council, shall be invited to
participate, without vote, in the discussion relating to the dispute. The
Security Council shall lay down such conditions as it deems just for the
participation of a state which is not a Member of the United Nations.
CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
Article
33
1. The
parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrangements, or other
peaceful means of their own choice.
2. The
Security Council shall, when it deems necessary, call upon the parties to
settle their dispute by such means.
Article
34
The
Security Council may investigate any dispute, or any situation which might lead
to international friction or give rise to a dispute, in order to determine
whether the continuance of the dispute or situation is likely to endanger the
maintenance of international peace and security.
Article
35
1. Any
Member of the United Nations may bring any dispute, or any situation of the
nature referred to in Article 34, to the attention of the Security Council or
of the General Assembly.
2. A
state which is not a Member of the United Nations may bring to the attention of
the Security Council or of the General Assembly any dispute to which it is a
party if it accepts in advance, for the purposes of the dispute, the
obligations of pacific settlement provided in the present Charter.
3. The
proceedings of the General Assembly in respect of matters brought to its
attention under this Article will be subject to the provisions of Articles 11
and 12.
Article
36
1. The
Security Council may, at any stage of a dispute of the nature referred to in
Article 33 or of a situation of like nature, recommend appropriate procedures
or methods of adjustment.
2. The
Security Council should take into consideration any procedures for the
settlement of the dispute which have already been adopted by the parties.
3. In
making recommendations under this Article the Security Council should also take
into consideration that legal disputes should as a general rule be referred by
the parties to the International Court of Justice in accordance with the
provisions of the Statute of the Court.
Article
37
1. Should
the parties to a dispute of the nature referred to in Article 33 fail to settle
it by the means indicated in that Article, they shall refer it to the Security
Council.
2. If
the Security Council deems that the continuance of the dispute is in fact
likely to endanger the maintenance of international peace and security, it
shall decide whether to take action under Article 36 or to recommend such terms
of settlement as it may consider appropriate.
Article
38
Without
prejudice to the provisions of Articles 33 to 37, the Security Council may, if
all the parties to any dispute so request, make recommendations to the parties
with a view to a pacific settlement of the dispute.
CHAPTER VII
ACTION WITH RESPECT TO THREATS TO
THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION
Article 39
The
Security Council shall determine the existence of any threat to the peace,
breach of the peace, or act of aggression and shall make recommendations, or
decide what measures shall be taken in accordance with Articles 41 and 42, to
maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation,
the Security Council may, before making the recommendations or deciding upon
the measures provided for in Article 39, call upon the parties concerned to
comply with such provisional measures as it deems necessary or desirable. Such
provisional measures shall be without prejudice to the rights, claims, or
position of the parties concerned. The Security Council shall duly take account
of failure to comply with such provisional measures.
Article
41
The
Security Council may decide what measures not involving the use of armed force
are to be employed to give effect to its decisions, and it may call upon the
Members of the United Nations to apply such measures. These may include
complete or partial interruption of economic relations and of rail, sea, air,
postal, telegraphic, radio, and other means of communication, and the severance
of diplomatic relations.
Article
42
Should
the Security Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by air,
sea, or land forces as may be necessary to maintain or restore international
peace and security. Such action may include demonstrations, blockade, and other
operations by air, sea, or land forces of Members of the United Nations.
Article
43
1. All
Members of the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the Security
Council, on its call and in accordance with a special agreement or agreements,
armed forces, assistance, and facilities, including rights of passage,
necessary for the purpose of maintaining international peace and security.
2. Such
agreement or agreements shall govern the numbers and types of forces, their
degree of readiness and general location, and the nature of the facilities and
assistance to be provided.
3. The
agreement or agreements shall be negotiated as soon as possible on the
initiative of the Security Council. They shall be concluded between the
Security Council and Members or between the Security Council and groups of
Members and shall be subject to ratification by the signatory states in
accordance with their respective constitutional processes.
Article
44
When
the Security Council has decided to use force it shall, before calling upon a
Member not represented on it to provide armed forces in fulfilment of the
obligations assumed under Article 43, invite that Member, if the Member so
desires, to participate in the decisions of the Security Council concerning the
employment of contingents of that Member’s armed forces.
Article
45
In
order to enable the United Nations to take urgent military measures, Members
shall hold immediately available national air‑force contingents for
combined international enforcement action. The strength and degree of readiness
of these contingents and plans for their combined action shall be determined,
within the limits laid down in the special agreement or agreements referred to
in Article 43, by the Security Council with the assistance of the Military
Staff Committee.
Article
46
Plans
for the application of armed force shall be made by the Security Council with
the assistance of the Military Staff Committee.
Article
47
1. There
shall be established a Military Staff Committee to advise and assist the
Security Council on all questions relating to the Security Council’s military
requirements for the maintenance of international peace and security, the
employment and command of forces placed at its disposal, the regulation of
armaments, and possible disarmament.
2. The
Military Staff Committee shall consist of the Chiefs of Staff of the permanent
members of the Security Council or their representatives. Any Member of the
United Nations not permanently represented on the Committee shall be invited by
the Committee to be associated with it when the efficient discharge of the
Committee’s responsibilities requires the participation of that Member in its
work.
3. The
Military Staff Committee shall be responsible under the Security Council for
the strategic direction of any armed forces placed at the disposal of the
Security Council. Questions relating to the command of such forces shall be
worked out subsequently.
4. The
Military Staff Committee, with the authorization of the Security Council and
after consultation with appropriate regional agencies, may establish regional
sub‑committees.
Article
48
1. The
action required to carry out the decisions of the Security Council for the
maintenance of international peace and security shall be taken by all the
Members of the United Nations or by some of them, as the Security Council may
determine.
2. Such
decisions shall be carried out by the Members of the United Nations directly
and through their action in the appropriate international agencies of which
they are members.
Article
49
The
Members of the United Nations shall join in affording mutual assistance in
carrying out the measures decided upon by the Security Council.
Article
50
If
preventive or enforcement measures against any state are taken by the Security
Council, any other state, whether a Member of the United Nations or not, which
finds itself confronted with special economic problems arising from the
carrying out of those measures shall have the right to consult the Security
Council with regard to a solution of those problems.
Article
51
Nothing
in the present Charter shall impair the inherent right of individual or
collective self‑defense if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken the measures necessary to
maintain international peace and security. Measures taken by Members in the
exercise of this right of self‑defense shall be immediately reported to
the Security Council and shall not in any way affect the authority and
responsibility of the Security Council under the present Charter to take at any
time such action as it deems necessary in order to maintain or restore
international peace and security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article
52
1. Nothing
in the present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of
international peace and security as are appropriate for regional action,
provided that such arrangements or agencies and their activities are consistent
with the Purposes and Principles of the United Nations.
2. The
Members of the United Nations entering into such arrangements or constituting
such agencies shall make every effort to achieve pacific settlement of local
disputes through such regional arrangements or by such regional agencies before
referring them to the Security Council.
3. The
Security Council shall encourage the development of pacific settlement of local
disputes through such regional arrangements or by such regional agencies either
on the initiative of the States concerned or by reference from the Security
Council.
4. This
Article in no way impairs the application of Articles 34 and 35.
Article
53
1. The
Security Council shall, where appropriate, utilize such regional arrangements
or agencies for enforcement action under its authority. But no enforcement
action shall be taken under regional arrangements or by regional agencies
without the authorization of the Security Council, with the exception of
measures against any enemy state, as defined in paragraph 2 of this Article,
provided for pursuant to Article 107 or in regional arrangements directed
against renewal of aggressive policy on the part of any such state, until such
time as the Organization may, on request of the Governments concerned, be
charged with the responsibility for preventing further aggression by such a
state.
2. The
term enemy state as used in paragraph 1 of this Article applies to any state
which during the Second World War has been an enemy of any signatory of the
present Charter.
Article 54
The
Security Council shall at all times be kept fully informed of activities
undertaken or in contemplation under regional arrangements or by regional
agencies for the maintenance of international peace and security.
CHAPTER IX
INTERNATIONAL ECONOMIC AND SOCIAL
COOPERATION
Article
55
With
a view to the creation of conditions of stability and well‑being which
are necessary for peaceful and friendly relations among nations based on
respect for the principle of equal rights and self‑determination of
peoples, the United Nations shall promote:
a. higher
standards of living, full employment, and conditions of economic and social
progress and development;
b. solutions
of international economic, social, health, and related problems; and
international cultural and educational cooperation; and
c. universal
respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion.
Article
56
All
Members pledge themselves to take joint and separate action in cooperation with
the Organization for the achievement of the purposes set forth in Article 55.
Article
57
1. The
various specialized agencies, established by intergovernmental agreement and
having wide international responsibilities, as defined in their basic
instruments, in economic, social, cultural, educational, health, and related
fields, shall be brought into relationship with the United Nations in
accordance with the provisions of Article 63.
2. Such
agencies thus brought into relationship with the United Nations are hereinafter
referred to as specialized agencies.
Article
58
The
Organization shall make recommendations for the coordination of the policies
and activities of the specialized agencies.
Article
59
The
Organization shall, where appropriate, initiate negotiations among the states
concerned for the creation of any new specialized agencies required for the
accomplishment of the purposes set forth in Article 55.
Article
60
Responsibility
for the discharge of the functions of the Organization set forth in this
Chapter shall be vested in the General Assembly and, under the authority of the
General Assembly, in the Economic and Social Council, which shall have for this
purpose the powers set forth in Chapter X.
CHAPTER X
THE ECONOMIC AND SOCIAL COUNCIL
Composition
Article 61 [see
Note 2]
1. The
Economic and Social Council shall consist of eighteen Members of the United
Nations elected by the General Assembly.
2. Subject
to the provisions of paragraph 3, six members of the Economic and Social
Council shall be elected each year for a term of three years. A retiring member
shall be eligible for immediate re‑election.
3. At
the first election, eighteen members of the Economic and Social Council shall
be chosen. The term of office of six members so chosen shall expire at the end
of one year, and of six other members at the end of two years, in accordance
with arrangements made by the General Assembly.
4. Each
member of the Economic and Social Council shall have one representative.
Functions and Powers
Article
62
1. The
Economic and Social Council may make or initiate studies and reports with
respect to international economic, social, cultural, educational, health, and
related matters and may make recommendations with respect to any such matters
to the General Assembly, to the Members of the United Nations, and to the
specialized agencies concerned.
2. It
may make recommendations for the purpose of promoting respect for, and
observance of, human rights and fundamental freedoms for all.
3. It
may prepare draft conventions for submission to the General Assembly, with
respect to matters falling within its competence.
4. It
may call, in accordance with the rules prescribed by the United Nations,
international conferences on matters falling within its competence.
Article
63
1. The
Economic and Social Council may enter into agreements with any of the agencies
referred to in Article 57, defining the terms on which the agency concerned
shall be brought into relationship with the United Nations. Such agreements
shall be subject to approval by the General Assembly.
2. It
may coordinate the activities of the specialized agencies through consultation
with and recommendations to such agencies and through recommendations to the
General Assembly and to the Members of the United Nations.
Article
64
1. The
Economic and Social Council may take appropriate steps to obtain regular
reports from the specialized agencies. It may make arrangements with the
Members of the United Nations and with the specialized agencies to obtain
reports on the steps taken to give effect to its own recommendations and to
recommendations on matters falling within its competence made by the General
Assembly.
2. It
may communicate its observations on these reports to the General Assembly.
Article
65
The
Economic and Social Council may furnish information to the Security Council and
shall assist the Security Council upon its request.
Article
66
1. The
Economic and Social Council shall perform such functions as fall within its
competence in connection with the carrying out of the recommendations of the
General Assembly.
2. It
may, with the approval of the General Assembly, perform services at the request
of Members of the United Nations and at the request of specialized agencies.
3. It
shall perform such other functions as are specified elsewhere in the present
Charter or as may be assigned to it by the General Assembly.
Voting
Article
67
1. Each
member of the Economic and Social Council shall have one vote.
2. Decisions
of the Economic and Social Council shall be made by a majority of the members
present and voting.
Procedure
Article 68
The
Economic and Social Council shall set up commissions in economic and social
fields and for the promotion of human rights, and such other commissions as may
be required for the performance of its functions.
Article
69
The
Economic and Social Council shall invite any Member of the United Nations to
participate, without vote, in its deliberations on any matter of particular
concern to that Member.
Article
70
The
Economic and Social Council may make arrangements for representatives of the
specialized agencies to participate, without vote, in its deliberations and in
those of the commissions established by it, and for its representatives to
participate in the deliberations of the specialized agencies.
Article
71
The
Economic and Social Council may make suitable arrangements for consultation
with non‑governmental organizations which are concerned with matters
within its competence. Such arrangements may be made with international
organizations and, where appropriate, with national organizations after
consultation with the Member of the United Nations concerned.
Article
72
1. The
Economic and Social Council shall adopt its own rules of procedure, including
the method of selecting its President.
2. The
Economic and Social Council shall meet as required in accordance with its
rules, which shall include provision for the convening of meetings on the
request of a majority of its members.
CHAPTER XI
DECLARATION REGARDING NON‑SELF‑GOVERNING
TERRITORIES
Article
73
Members
of the United Nations which have or assume responsibilities for the
administration of territories whose peoples have not yet attained a full
measure of self‑government recognize the principle that the interests of
the inhabitants of these territories are paramount, and accept as a sacred
trust the obligations to promote to the utmost, within the system of
international peace and security established by the present Charter, the well‑being
of the inhabitants of these territories, and, to this end:
a. to
ensure, with due respect for the culture of the peoples concerned, their
political, economic, social, and educational advancement, their just treatment,
and their protection against abuses;
b. to
develop self‑government, to take due account of the political aspirations
of the peoples, and to assist them in the progressive development of their free
political institutions, according to the particular circumstances of each
territory and its peoples and their varying stages of advancement;
c. to
further international peace and security;
d. to
promote constructive measures of development, to encourage research, and to co‑operate
with one another and, when and where appropriate, with specialized
international bodies with a view to the practical achievement of the social,
economic, and scientific purposes set forth in this Article; and
e. to
transmit regularly to the Secretary‑General for information purposes,
subject to such limitation as security and constitutional considerations may
require, statistical and other information of a technical nature relating to
economic, social, and educational conditions in the territories for which they
are respectively responsible other than those territories to which Chapters XII
and XIII apply.
Article
74
Members
of the United Nations also agree that their policy in respect of the
territories to which this Chapter applies, no less than in respect of their
metropolitan areas, must be based on the general principle of good‑neighbourliness,
due account being taken of the interests and well‑being of the rest of
the world, in social, economic, and commercial matters.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article
75
The
United Nations shall establish under its authority an international trusteeship
system for the administration and supervision of such territories as may be
placed thereunder by subsequent individual agreements. These territories are
hereinafter referred to as trust territories.
Article
76
The
basic objectives of the trusteeship system, in accordance with the Purposes of
the United Nations laid down in Article 1 of the present Charter, shall be:
a. to
further international peace and security;
b. to
promote the political, economic, social, and educational advancement of the
inhabitants of the trust territories, and their progressive development towards
self‑government or independence as may be appropriate to the particular
circumstances of each territory and its peoples and the freely expressed wishes
of the peoples concerned, and as may be provided by the terms of each
trusteeship agreement;
c. to
encourage respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to encourage
recognition of the interdependence of the peoples of the world; and
d. to
ensure equal treatment in social, economic, and commercial matters for all
Members of the United Nations and their nationals, and also equal treatment for
the latter in the administration of justice, without prejudice to the
attainment of the foregoing objectives and subject to the provisions of Article
80.
Article
77
1. The
trusteeship system shall apply to such territories in the following categories
as may be placed thereunder by means of trusteeship agreements:
a. territories
now held under mandate;
b. territories
which may be detached from enemy states as a result of the Second World War;
and
c. territories
voluntarily placed under the system by states responsible for their
administration.
2. It
will be a matter for subsequent agreement as to which territories in the
foregoing categories will be brought under the trusteeship system and upon what
terms.
Article
78
The
trusteeship system shall not apply to territories which have become Members of
the United Nations, relationship among which shall be based on respect for the
principle of sovereign equality.
Article
79
The
terms of trusteeship for each territory to be placed under the trusteeship
system, including any alteration or amendment, shall be agreed upon by the
states directly concerned, including the mandatory power in the case of
territories held under mandate by a Member of the United Nations, and shall be
approved as provided for in Articles 83 and 85.
Article
80
1. Except
as may be agreed upon in individual trusteeship agreements, made under Articles
77, 79, and 81, placing each territory under the trusteeship system, and until
such agreements have been concluded, nothing in this Chapter shall be construed
in or of itself to alter in any manner the rights whatsoever of any states or
any peoples or the terms of existing international instruments to which Members
of the United Nations may respectively be parties.
2. Paragraph
1 of this Article shall not be interpreted as giving grounds for delay or
postponement of the negotiation and conclusion of agreements for placing
mandated and other territories under the trusteeship system as provided for in
Article 77.
Article
81
The
trusteeship agreement shall in each case include the terms under which the
trust territory will be administered and designate the authority which will
exercise the administration of the trust territory. Such authority, hereinafter
called the administering authority, may be one or more states or the
Organization itself.
Article
82
There
may be designated, in any trusteeship agreement, a strategic area or areas
which may include part or all of the trust territory to which the agreement
applies, without prejudice to any special agreement or agreements made under
Article 43.
Article
83
1. All
functions of the United Nations relating to strategic areas, including the
approval of the terms of the trusteeship agreements and of their alteration or
amendment, shall be exercised by the Security Council.
2. The
basic objectives set forth in Article 76 shall be applicable to the people of
each strategic area.
3. The
Security Council shall, subject to the provisions of the trusteeship agreements
and without prejudice to security considerations, avail itself of the
assistance of the Trusteeship Council to perform those functions of the United
Nations under the trusteeship system relating to political, economic, social,
and educational matters in the strategic areas.
Article
84
It
shall be the duty of the administering authority to ensure that the trust
territory shall play its part in the maintenance of international peace and
security. To this end the administering authority may make use of volunteer
forces, facilities, and assistance from the trust territory in carrying out the
obligations towards the Security Council undertaken in this regard by the
administering authority, as well as for local defense and the maintenance of
law and order within the trust territory.
Article
85
1. The
functions of the United Nations with regard to trusteeship agreements for all
areas not designated as strategic, including the approval of the terms of the
trusteeship agreements and of their alteration or amendment, shall be exercised
by the General Assembly.
2. The
Trusteeship Council, operating under the authority of the General Assembly,
shall assist the General Assembly in carrying out these functions.
CHAPTER XIII
THE TRUSTEESHIP COUNCIL
Composition
Article
86
1. The
Trusteeship Council shall consist of the following Members of the United
Nations:
a. those
Members administering trust territories;
b. such
of those Members mentioned by name in Article 23 as are not administering trust
territories; and
c. as
many other Members elected for three‑year terms by the General Assembly
as may be necessary to ensure that the total number of members of the
Trusteeship Council is equally divided between those Members of the United
Nations which administer trust territories and those which do not.
2. Each
member of the Trusteeship Council shall designate one specially qualified
person to represent it therein.
Functions and
Powers
Article
87
The
General Assembly and, under its authority, the Trusteeship Council, in carrying
out their functions, may:
a. consider
reports submitted by the administering authority;
b. accept
petitions and examine them in consultation with the administering authority;
c. provide
for periodic visits to the respective trust territories at times agreed upon
with the administering authority; and
d. take
these and other actions in conformity with the terms of the trusteeship
agreements.
Article
88
The
Trusteeship Council shall formulate a questionnaire on the political, economic,
social, and educational advancement of the inhabitants of each trust territory,
and the administering authority for each trust territory within the competence
of the General Assembly shall make an annual report to the General Assembly
upon the basis of such questionnaire.
Voting
Article
89
1. Each
member of the Trusteeship Council shall have one vote.
2. Decisions
of the Trusteeship Council shall be made by a majority of the members present
and voting.
Procedure
Article
90
1. The
Trusteeship Council shall adopt its own rules of procedure, including the
method of selecting its President.
2. The
Trusteeship Council shall meet as required in accordance with its rules, which
shall include provision for the convening of meetings on the request of a
majority of its members.
Article 91
The
Trusteeship Council shall, when appropriate, avail itself of the assistance of
the Economic and Social Council and of the specialized agencies in regard to
matters with which they are respectively concerned.
CHAPTER XIV
THE INTERNATIONAL COURT OF JUSTICE
Article
92
The
International Court of Justice shall be the principal judicial organ of the
United Nations. It shall function in accordance with the annexed Statute, which
is based upon the Statute of the Permanent Court of International Justice and
forms an integral part of the present Charter.
Article
93
1. All
members of the United Nations are ipso facto parties to the Statute of the
International Court of Justice.
2. A
State which is not a Member of the United Nations may become a party to the
Statute of the International Court of Justice on conditions to be determined in
each case by the General Assembly upon the recommendation of the Security
Council.
Article
94
1. Each
Member of the United Nations undertakes to comply with the decision of the
International Court of Justice in any case to which it is a party.
2. If
any party to a case fails to perform the obligations incumbent upon it under a
judgement rendered by the Court, the other party may have recourse to the
Security Council, which may, if it deems necessary, make recommendations or
decide upon measures to be taken to give effect to the judgment.
Article
95
Nothing
in the present Charter shall prevent Members of the United Nations from
entrusting the solution of their differences to other tribunals by virtue of
agreements already in existence or which may be concluded in the future.
Article
96
1. The
General Assembly of the Security Council may request the International Court of
Justice to give an advisory opinion on any legal question.
2. Other
organs of the United Nations and specialized agencies, which may at any time be
so authorized by the General Assembly, may also request advisory opinions of
the Court on legal questions arising within the scope of their activities.
CHAPTER XV
THE SECRETARIAT
Article
97
The
Secretariat shall comprise a Secretary‑General and such staff as the
Organization may require. The Secretary‑General shall be appointed by the
General Assembly upon the recommendation of the Security Council. He shall be
the chief administrative officer of the Organization.
Article
98
The
Secretary‑General shall act in that capacity in all meetings of the
General Assembly, of the Security Council, of the Economic and Social Council,
and of the Trusteeship Council, and shall perform such other functions as are
entrusted to him by these organs. The Secretary‑General shall make an
annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary‑General
may bring to the attention of the Security Council any matter which in his
opinion may threaten the maintenance of international peace and security.
Article
100
1. In the
performance of their duties the Secretary‑General and the staff shall not
seek or receive instructions from any Government or from any other authority
external to the Organization. They shall refrain from any action which might
reflect on their position as international officials responsible only to the
Organization.
2. Each
Member of the United Nations undertakes to respect the exclusively international
character of the responsibilities of the Secretary‑General and the staff
and not to seek to influence them in the discharge of their responsibilities.
Article
101
1. The staff
shall be appointed by the Secretary‑General under regulations established
by the General Assembly.
2. Appropriate
staffs shall be permanently assigned to the Economic and Social Council, the
Trusteeship Council, and ,as required, to other organs of the United Nations.
These staffs shall form a part of the Secretariat.
3. The paramount
consideration in the employment of the staff and in the determination of the
conditions of service shall be the necessity of securing the highest standards
of efficiency, competence, and integrity. Due regard shall be paid to the
importance of recruiting the staff on as wide a geographical basis as possible.
CHAPTER XVI
MISCELLANEOUS PROVISIONS
Article
102
1. Every
treaty and every international agreement entered into by any Member of the
United Nations after the present Charter comes into force shall as soon as
possible be registered with the Secretariat and published by it.
2. No party
to any such treaty or international agreement which has not been registered in
accordance with the provisions of paragraph 1 of this Article may invoke that
treaty or agreement before any organ of the United Nations.
Article
103
In the event of
a conflict between the obligations of the Members of the United Nations under
the present Charter and their obligations under any other international
agreement, their obligations under the present Charter shall prevail.
Article
104
The Organization
shall enjoy in the territory of each of its Members such legal capacity as may
be necessary for the exercise of its functions and the fulfilment of its
purposes.
Article
105
1. The Organization
shall enjoy in the territory of each of its Members such privileges and
immunities as are necessary for the fulfilment of its purposes.
2. Representatives
of the Members of the United Nations and officials of the Organization shall
similarly enjoy such privileges and immunities as are necessary for the
independent exercise of their functions in connection with the Organization.
3. The
General Assembly may make recommendations with a view to determining the
details of the application of paragraphs 1 and 2 of this Article or may propose
conventions to the Members of the United Nations for this purpose.
CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS
Article
106
Pending the
coming into force of such special agreements referred to in Article 43 as in
the opinion of the Security Council enable it to begin the exercise of its
responsibilities under Article 42, the parties to the Four‑Nation
Declaration, signed at Moscow, October 30, 1943, and France, shall in
accordance with the provisions of paragraph 5 of that Declaration, consult with
one another and as occasion requires with other Members of the United Nations
with a view to such joint action on behalf of the Organization as may be
necessary for the purpose of maintaining international peace and security.
Article
107
Nothing in the
present Charter shall invalidate or preclude action, in relation to any State
which during the Second World War has been an enemy of any signatory to the
present Charter, taken or authorized as a result of that war by the Governments
having responsibility for such action.
CHAPTER XVIII
AMENDMENTS
Article
108
Amendments to
the present Charter shall come into force for all Members of the United Nations
when they have been adopted by a vote of two thirds of the members of the General
Assembly and ratified in accordance with their respective constitutional
processes by two thirds of the Members of the United Nations, including all the
permanent members of the Security Council.
Article
109 [see Note 2]
1. A General
Conference of the Members of the United Nations for the purpose of reviewing
the present Charter may be held at a date and place to be fixed by a two‑thirds
vote of the members of the General Assembly and by a vote of any seven members
of the Security Council. Each Member of the United Nations shall have one vote
in the conference.
2. Any
alteration of the present Charter recommended by a two‑thirds vote of the
conference shall take effect when ratified in accordance with their respective
constitutional processes by two thirds of the Members of the United Nations
including all the permanent members of the Security Council.
3. If such a
conference has not been held before the tenth annual session of the General
Assembly following the coming into force of the present Charter, the proposal
to call such a conference shall be placed on the agenda of that session of the
General Assembly, and the conference shall be held if so decided by a majority
vote of the members of the General Assembly and by a vote of any seven members
of the Security Council.
CHAPTER XIX
RATIFICATION AND SIGNATURE
Article
110
1. The
present Charter shall be ratified by the signatory States in accordance with
their respective constitutional processes.
2. The
ratification shall be deposited with the Government of the United States of
America, which shall notify all the signatory States of each deposit as well
as the Secretary‑General of the Organization when he has been appointed.
3. The
present Charter shall come into force upon the deposit of ratifications by the
Republic of China, France, the Union of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland, and the United States of America,
and by a majority of the other signatory States. A protocol of the
ratifications deposited shall thereupon be drawn up by the Government of the United
States of America which shall communicate copies thereof to all the signatory
states.
4. The
States signatory to the present Charter which ratify it after it has come into
force will become original Members of the United Nations on the date of the
deposit of their respective ratifications.
Article
111
The present
Charter, of which the Chinese, French, Russian, English, and Spanish texts are
equally authentic, shall remain deposited in the archives of the Government of
the United States of America. Duly certified copies thereof shall be
transmitted by that Government to the Governments of the other signatory
States.
IN FAITH WHEREOF
the representatives of the Governments of the United Nations have signed the
present Charter.
DONE at the city
of San Francisco the twenty‑sixth day of June, one thousand nine hundred
and forty‑five.
STATUTE OF THE INTERNATIONAL COURT
OF JUSTICE
Article
1
The
International Court of Justice established by the Charter of the United Nations
as the principal judicial organ of the United Nations shall be constituted and
shall function in accordance with the provisions of the present Statute.
CHAPTER 1
ORGANIZATION OF THE COURT
Article
2
The Court shall
be composed of a body of independent judges, elected regardless of their
nationality from among persons of high moral character, who possess the
qualifications required in their respective countries for appointment to the
highest judicial offices, or are jurisconsults of recognized competence in
international law.
Article
3
1. The Court
shall consist of fifteen members, no two of whom may be nationals of the same
state.
2. A person
who for the purposes of membership in the Court could be regarded as a national
of more than one state shall be deemed to be a national of the one in which he
ordinarily exercises civil and political rights.
Article
4
1. The
members of the Court shall be elected by the General Assembly and by the
Security Council from a list of persons nominated by the national groups in the
Permanent Court of Arbitration, in accordance with the following provisions.
2. In the
case of Members of the United Nations not represented in the Permanent Court of
Arbitration, candidates shall be nominated by national groups appointed for
this purpose by their governments under the same conditions as those prescribed
for members of the Permanent Court of Arbitration by Article 44 of the
Convention of The Hague of 1907 for the pacific settlement of international
disputes.
3. The
conditions under which a state which is a party to the present Statute but is
not a Member of the United Nations may participate in electing the members of
the Court shall, in the absence of a special agreement, be laid down by the
General Assembly upon recommendation of the Security Council.
Article
5
1. At least
three months before the date of the election, the Secretary‑General of
the United Nations shall address a written request to the members of the
Permanent Court of Arbitration belonging to the states which are parties to the
present Statute, and to the members of the national groups appointed under
Article 4, paragraph 2, inviting them to undertake, within a given time, by
national groups, the nomination of persons in a position to accept the duties
of a member of the Court.
2. No group
may nominate more than four persons, not more than two of whom shall be of
their own nationality. In no case may the number of candidates nominated by a
group be more than double the number of seats to be filled.
Article 6
Before making
these nominations, each national group is recommended to consult its highest
court of justice, its legal faculties and schools of law, and its national
academies and national sections of international academies devoted to the study
of law.
Article
7
1. The
Secretary‑General shall prepare a list in alphabetical order of all the
persons thus nominated. Save as provided in Article 12, paragraph 2, these
shall be the only persons eligible.
2. The
Secretary‑General shall submit this list to the General Assembly and to
the Security Council.
Article
8
The General
Assembly and the Security Council shall proceed independently of one another to
elect the members of the Court.
Article
9
At every
election, the electors shall bear in mind not only that the persons to be
elected should individually possess the qualifications required, but also that
in the body as a whole the representation of the main forms of civilization and
of the principal legal systems of the world should be assured.
Article 10
1. Those candidates
who obtain an absolute majority of votes in the General Assembly and in the
Security Council shall be considered as elected.
2. Any vote
of the Security Council, whether for the election of judges or for the
appointment of members of the conference envisaged in Article 12, shall be
taken without any distinction between permanent and non‑permanent members
of the Security Council.
3. In the
event of more than one national of the same state obtaining an absolute
majority of the votes both of the General Assembly and of the Security Council,
the eldest of these only shall be considered as elected.
Article
11
If, after the
first meeting held for the purpose of the election, one or more seats remain to
be filled, a second and, if necessary, a third meeting shall take place.
Article
12
1. If, after
the third meeting, one or more seats still remain unfilled, a joint conference
consisting of six members, three appointed by the General Assembly and three by
the Security Council, may be formed at any time at the request of either the
General Assembly or the Security Council, for the purpose of choosing by the
vote of an absolute majority one name for each seat still vacant, to submit to
the General Assembly and the Security Council for their respective acceptance.
2. If the
joint conference is unanimously agreed upon any person who fulfils the required
conditions, he may be included in its list, even though he was not included in
the list of nominations referred to in Article 7.
3. If the
joint conference is satisfied that it will not be successful in procuring an
election, those members of the Court who have already been elected shall,
within a period to be fixed by the Security Council, proceed to fill the vacant
seats by selection from among those candidates who have obtained votes either
in the General Assembly or in the Security Council.
4. In the
event of an equality of votes among the judges, the eldest judge shall have a
casting vote.
Article
13
1. The
members of the Court shall be elected for nine years and may be re‑elected;
provided, however, that of the judges elected at the first election, the terms
of five judges shall expire at the end of three years and the terms of five
more judges shall expire at the end of six years.
2. The
judges whose terms are to expire at the end of the above‑mentioned
initial periods of three and six years shall be chosen by lot to be drawn by
the Secretary‑General immediately after the first election has been
completed.
3. The
members of the Court shall continue to discharge their duties until their
places have been filled. Though replaced, they shall finish any cases which
they may have begun.
4. In the
case of the resignation of a member of the Court, the resignation shall be
addressed to the President of the Court for transmission to the Secretary‑General.
This last notification makes the place vacant.
Article
14
Vacancies shall
be filled by the same method as that laid down for the first election, subject
to the following provision; the Secretary‑General shall, within one month
of the occurrence of the vacancy, proceed to issue the invitations provided for
in Article 5 and the date of the election shall be fixed by the Security
Council.
Article
15
A member of the
Court elected to replace a member whose term of office has not expired shall
hold office for the remainder of his predecessor’s term.
Article 16
1. No member
of the Court may exercise any political or administrative function, or engage
in any other occupation of a professional nature.
2. Any doubt
on this point shall be settled by the decision of the Court.
Article
17
1. No member
of the Court may act as agent, counsel, or advocate in any case.
2. No member
may participate in the decision of any case in which he has previously taken
part as agent, counsel, or advocate for one of the parties, or as a member of a
national or international court, or of a commission of inquiry, or in any other
capacity.
3. Any doubt
on this point shall be settled by the decision of the Court.
Article 18
1. No member
of the Court can be dismissed unless, in the unanimous opinion of the other
members, he has ceased to fulfil the required conditions.
2. Formal
notification thereof shall be made to the Secretary‑General by the
Registrar.
3. This
notification makes the place vacant.
Article
19
The members of
the Court, when engaged on the business of the Court, shall enjoy diplomatic
privileges and immunities.
Article
20
Every member of
the Court shall, before taking up his duties, make a solemn declaration in open
court that he will exercise his powers impartially and conscientiously.
Article 21
1. The Court
shall elect its President and Vice‑President for three years; they may be
re‑elected.
2. The Court
shall appoint its Registrar and may provide for the appointment of such other
officers as may be necessary.
Article
22
1. The seat
of the Court shall be established at The Hague. This, however, shall not
prevent the Court from sitting and exercising its functions elsewhere whenever
the Court considers it desirable.
2. The
President and the Registrar shall reside at the seat of the Court.
Article
23
1. The Court
shall remain permanently in session, except during the judicial vacations, the
dates and duration of which shall be fixed by the Court.
2. Members
of the Court are entitled to periodic leave, the dates and duration of which
shall be fixed by the Court, having in mind the distance between The Hague and
the home of each judge.
3. Members
of the Court shall be bound, unless they are on leave or prevented from
attending by illness or other serious reasons duly explained to the President,
to hold themselves permanently at the disposal of the Court.
Article 24
1. If, for
some special reason, a member of the Court considers that he should not take
part in the decision of a particular case, he shall so inform the President.
2. If the
President considers that for some special reason one of the members of the
Court should not sit in a particular case, he shall give him notice
accordingly.
3. If in any
such case the member of the Court and the President disagree, the matter shall
be settled by the decision of the Court.
Article
25
1. The full
Court shall sit except when it is expressly provided otherwise in the present
Statute.
2. Subject
to the condition that the number of judges available to constitute the Court is
not thereby reduced below eleven, the Rules of the Court may provide for
allowing one or more judges, according to circumstances and in rotation, to be
dispensed from sitting.
3. A quorum
of nine judges shall suffice to constitute the Court.
Article
26
1. The Court
may from time to time form one or more chambers, composed of three or more
judges as the Court may determine, for dealing with particular categories of
cases; for example, labour cases and cases relating to transit and
communications.
2. The Court
may at any time form a chamber for dealing with a particular case. The number
of judges to constitute such a chamber shall be determined by the Court with
the approval of the parties.
3. Cases
shall be heard and determined by the chambers provided for in this Article if
the parties so request.
Article
27
A judgment given
by any of the chambers provided for in Articles 26 and 29 shall be considered
as rendered by the Court.
Article
28
The chambers
provided for in Articles 26 and 29 may, with the consent of the parties, sit
and exercise their functions elsewhere than at The Hague.
Article
29
With a view to
the speedy despatch of business, the Court shall form annually a chamber
composed of five judges which, at the request of the parties, may hear and
determine cases by summary procedure. In addition, two judges shall be selected
for the purpose of replacing judges who find it impossible to sit.
Article
30
1. The Court
shall frame rules for carrying out its functions. In particular, it shall lay down
rules of procedure.
2. The Rules
of the Court may provide for assessors to sit with the Court or with any of its
chambers, without the right to vote.
Article
31
1. Judges of
the nationality of each of the parties shall retain their right to sit in the
case before the Court.
2. If the
Court includes upon the Bench a judge of the nationality of one of the parties,
any other party may choose a person to sit as judge. Such person shall be
chosen preferably from among those persons who have been nominated as
candidates as provided in Articles 4 and 5.
3. If the
Court includes upon the Bench no judge of the nationality of the parties, each
of these parties may proceed to choose a judge as provided in paragraph 2 of
this Article.
4. The
provisions of this Article shall apply to the case of Articles 26 and 29. In
such cases, the President shall request one or, if necessary, two of the
members of the Court forming the Chamber to give place to the members of the
Court of the nationality of the parties concerned, and, failing such, or if
they are unable to be present, to the judges specially chosen by the parties.
5. Should
there be several parties in the same interest, they shall, for the purpose of
the preceding provisions, be reckoned as one party only. Any doubt upon this
point shall be settled by the decision of the Court.
6. Judges
chosen as laid down in paragraphs 2, 3, and 4 of this Article shall fulfil the
conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of the present
Statute. They shall take part in the decision on terms of complete equality
with their colleagues.
Article 32
1. Each member of the Court shall receive an annual salary.
2. The
President shall receive a special annual allowance.
3. The Vice‑President
shall receive a special allowance for every day on which he acts as President.
4. The
judges chosen under Article 31, other than members of the Court, shall receive
compensation for each day on which they exercise their functions.
5. These
salaries, allowances, and compensation shall be fixed by the General Assembly.
They may not be decreased during the term of office.
6. The
salary of the Registrar shall be fixed by the General Assembly on the proposal
of the Court.
7. Regulations
made by the General Assembly shall fix the conditions under which retirement
pensions may be given to members of the Court and to the Registrar, and the
conditions under which members of the Court and the Registrar shall have their
travelling expenses refunded.
8. The above
salaries, allowances, and compensation shall be free of all taxation.
Article
33
The expenses of
the Court shall be borne by the United Nations in such a manner as shall be
decided by the General Assembly.
CHAPTER
II
COMPETENCE
OF THE COURT
Article
34
1. Only
states may be parties in cases before the Court.
2. The
Court, subject to and in conformity with its Rules, may request of public
international organizations information relevant to cases before it, and shall
receive such information presented by such organizations on their own initiative.
3. Whenever
the construction of the constituent instrument of a public international
organization or of an international convention adopted thereunder is in
question in a case before the Court, the Registrar shall so notify the public
international organization concerned and shall communicate to it copies of all
the written proceedings.
Article
35
1. The Court
shall be open to the states parties to the present Statute.
2. The
conditions under which the Court shall be open to other states shall, subject to
the special provisions contained in treaties in force, be laid down by the
Security Council, but in no case shall such conditions place the parties in a
position of inequality before the Court.
3. When a
state which is not a Member of the United Nations is a party to a case, the
Court shall fix the amount which that party is to contribute towards the
expense of the Court. This provision shall not apply if such state is bearing a
share of the expenses of the Court.
Article
36
1. The
jurisdiction of the Court comprises all cases which the parties refer to it and
all matters specially provided for in the Charter of the United Nations or in
treaties and conventions in force.
2. The
states parties to the present Statute may at any time declare that they recognize
as compulsory ipso facto and without special agreement, in relation to any
other state accepting the same obligation, the jurisdiction of the Court in all
legal disputes concerning:
a. the
interpretation of a treaty;
b. any
question of international law;
c. the
existence of any fact which, if established, would constitute a breach of an
international obligation;
d. the
nature or extent of the reparation to be made for the breach of an
international obligation.
3. The
declarations referred to above may be made unconditionally or on condition of
reciprocity on the part of several or certain states, or for a certain time.
4. Such
declarations shall be deposited with the Secretary‑General of the United
Nations, who shall transmit copies thereof to the parties to the Statute and to
the Registrar of the Court.
5. Declarations
made under Article 36 of the Statute of the Permanent Court of International
Justice and which are still in force shall be deemed, as between the parties to
the present Statute, to be acceptances of the compulsory jurisdiction of the
International Court of Justice for the period which they still have to run and
in accordance with their terms.
6. In the
event of a dispute as to whether the Court has jurisdiction, the matter shall
be settled by the decision of the Court.
Article
37
Whenever a
treaty or convention in force provides for reference of a matter to a tribunal
to have been instituted by the League of Nations, or to the permanent Court of
International Justice, the matter shall, as between the parties to the present
Statute, be referred to the International Court of Justice.
Article
38
1. The
Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply:
a. international
conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
b. international
custom, as evidence of a general practice accepted as law;
c. the
general principles of law recognized by civilized nations;
d. subject
to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means
for the determination of rules of law.
2. This
provision shall not prejudice the power of the Court to decide a case ex
aequo et bono, if the parties agree thereto.
CHAPTER III
PROCEDURE
Article
39
1. The
official languages of the Court shall be French and English. If the parties
agree that the case shall be conducted in French, the judgment shall be delivered
in French. If the parties agree that the case shall be conducted in English,
the judgment shall be delivered in English.
2. In the
absence of an agreement as to which language shall be employed, each party may,
in the pleadings, use the language which it prefers; the decision of the Court
shall be given in French and English. In this case the Court shall at the same
time determine which of the two texts shall be considered as authoritative.
3. The Court
shall, at the request of any party, authorize a language other than French or
English to be used by that party.
Article 40
1. Cases are
brought before the Court, as the case may be, either by the notification of the
special agreement or by a written application addressed to the Registrar. In
either case the subject of the dispute and the parties shall be indicated.
2. The
Registrar shall forthwith communicate the application to all concerned.
3. He shall
also notify the Members of the United Nations through the Secretary‑General,
and also any other states entitled to appear before the Court.
Article
41
1. The Court
shall have the power to indicate, if it considers that circumstances so
require, any provisional measures which ought to be taken to preserve the
respective rights of either party.
2. Pending the
final decision, notice of the measures suggested shall forthwith be given to
the parties and to the Security Council.
Article
42
1. The
parties shall be represented by agents.
2. They may
have the assistance of counsel or advocates before the Court.
3. The
agents, counsel, and advocates of parties before the Court shall enjoy the
privileges and immunities necessary to the independent exercise of their
duties.
Article
43
1. The
procedure shall consists of two parts: written and oral.
2. The
written proceedings shall consist of the communication to the Court and to the
parties of memorials, counter‑memorials and, if necessary, replies; also
all papers and documents in support.
3. These
communications shall be made through the Registrar, in the order and within the
time fixed by the Court.
4. A
certified copy of every document produced by one party shall be communicated to
the other party.
5. The oral
proceedings shall consist of the hearing by the Court of witnesses, experts,
agents, counsel, and advocates.
Article 44
1. For the service of all notices upon persons other than the
agents, counsel, and advocates, the Court shall apply direct to the government
of the state upon whose territory the notice has to be served.
2. The same
provision shall apply whenever steps are to be taken to procure evidence on the
spot.
Article
45
The hearing
shall be under the control of the President or, if he is unable to preside, of
the Vice‑President; if neither is able to preside, the senior judge
present shall preside.
Article
46
The hearing in
Court shall be public, unless the Court shall decide otherwise, or unless the
parties demand that the public be not admitted.
Article
47
1. Minutes
shall be made at each hearing and signed by the Registrar and the President.
2. These minutes
alone shall be authentic.
Article
48
The Court shall
make orders for the conduct of the case, shall decide the form and time in
which each party must conclude its arguments, and make all arrangements
connected with the taking of evidence.
Article
49
The Court may,
even before the hearing begins, call upon the agents to produce any document or
to supply any explanations. Formal note shall be taken of any refusal.
Article
50
The Court may,
at any time, entrust any individual, body, bureau, commission, or other
organization that it may select, with the task of carrying out an enquiry or
giving an expert opinion.
Article
51
During the
hearing any relevant questions are to be put to the witnesses and experts under
the conditions laid down by the Court in the rules of procedure referred to in
Article 30.
Article 52
After the Court
has received the proofs and evidence within the time specified for the purpose,
it may refuse to accept any further oral or written evidence that one party may
desire to present unless the other side consents.
Article
53
1. Whenever
one of the parties does not appear before the Court, or fails to defend its
case, the other party may call upon the Court to decide in favour of its claim.
2. The Court
must, before doing so, satisfy itself, not only that it has jurisdiction in
accordance with Articles 36 and 37, but also that the claim is well founded in
fact and law.
Article 54
1. When,
subject to the control of the Court, the agents, counsel, and advocates have
completed their presentation of the case, the President shall declare the
hearing closed.
2. The Court
shall withdraw to consider the judgment.
3. The
deliberations of the Court shall take place in private and remain secret.
Article
55
1. All
questions shall be decided by a majority of the judges present.
2. In the
event of an equality of votes, the President or the judge who acts in his place
shall have a casting vote.
Article
56
1. The
judgment shall state the reasons on which it is based.
2. It shall
contain the names of the judges who have taken part in the decision.
Article
57
If the judgment
does not represent in whole or in part the unanimous opinion of the judges, any
judge shall be entitled to deliver a separate opinion.
Article
58
The judgment
shall be signed by the President and by the Registrar. It shall be read in open
court, due notice having been given to the agents.
Article
59
The decision of
the Court has no binding force except between the parties and in respect of
that particular case.
Article
60
The judgment is
final and without appeal. In the event of dispute as to the meaning or scope of
the judgment, the Court shall construe it upon the request of any party.
Article
61
1. An
application for revision of a judgment may be made only when it is based upon
the discovery of some fact of such a nature as to be a decisive factor, which
fact was, when the judgment was given, unknown to the Court and also to the
party claiming revision, always provided that such ignorance was not due to
negligence.
2. The
proceedings for revision shall be opened by a judgment of the Court expressly
recording the existence of the new fact, recognizing that it has such a
character as to lay the case open to revision, and declaring the application
admissible on this ground.
3. The Court
may require previous compliance with the terms of the judgment before it admits
proceedings in revision.
4. The
application for revision must be made at latest within six months of the
discovery of the new fact.
5. No
application for revision may be made after the lapse of ten years from the date
of the judgment.
Article
62
1. Should a
state consider that it has an interest of a legal nature which may be affected
by the decision in the case, it may submit a request to the Court to be
permitted to intervene.
2. It shall
be for the Court to decide upon this request.
Article
63
1. Whenever
the construction of a convention to which states other than those concerned in
the case are parties is in question, the Registrar shall notify all such states
forthwith.
2. Every state
so notified has the right to intervene in the proceedings; but if it uses this
right, the construction given by the judgment will be equally binding upon it.
Article
64
Unless otherwise
decided by the Court, each party shall bear its own costs.
CHAPTER IV
ADVISORY OPINIONS
Article
65
1. The Court
may give an advisory opinion on any legal question at the request of whatever
body may be authorized by or in accordance with the Charter of the United
Nations to make such a request.
2. Questions
upon which the advisory opinion of the Court is asked shall be laid before the
Court by means of a written request containing an exact statement of the
question upon which an opinion is required, and accompanied by all documents
likely to throw light upon the question.
Article
66
1. The
Registrar shall forthwith give notice of the request for an advisory opinion to
all states entitled to appear before the Court.
2. The
Registrar shall also, by means of a special and direct communication, notify
any state entitled to appear before the Court or international organization
considered by the Court, or, should it not be sitting, by the President, as
likely to be able to furnish information on the question, that the Court will
be prepared to receive, within a time limit to be fixed by the President,
written statements, or to hear, at a public sitting to be held for the purpose,
oral statements relating to the question.
3. Should
any such state entitled to appear before the Court have failed to receive the
special communication referred to in paragraph 2 of this Article, such state
may express a desire to submit a written statement or to be heard; and the
Court will decide.
4. States
and organizations having presented written or oral statements or both shall be
permitted to comment on the statements made by other states or organizations in
the form, to the extent, and within the time limits which the Court, or, should
it not be sitting, the President, shall decide in each particular case.
Accordingly, the Registrar shall in due time communicate any such written
statements to states and organizations having submitted similar statements.
Article
67
The Court shall
deliver its advisory opinions in open court, notice having been given to the
Secretary‑General and to the representatives of Members of the United
Nations, of other states and of international organizations immediately
concerned.
Article
68
In the exercise
of its advisory functions the Court shall further be guided by the provisions
of the present Statute which apply in contentious cases to the extent to which
it recognizes them to be applicable.
Article
69
Amendments to
the present Statute shall be effected by the same procedure as is provided by
the Charter of the United Nations for amendments to that Charter, subject however
to any provisions which the General Assembly upon recommendation of the
Security Council may adopt concerning the participation of states which are
parties to the present Statute but are not Members of the United Nations.
CHAPTER V
AMENDMENT
Article
70
The Court shall
have power to propose such amendments to the present Statute as it may deem
necessary, through written communications to the Secretary‑General, for
consideration in conformity with the provisions of Article 69.
[Here followed signatures of
Representatives of the following nations
[see Note 3]:—
|
Argentine
|
Ethiopia
|
Paraguay
|
|
Australia
|
France
|
Peru
|
|
Belgium
|
Greece
|
Philippine Commonwealth
|
|
Bolivia
|
Guatemala
|
|
|
Brazil
|
Haiti
|
Saudi Arabia
|
|
Byelo‑Russian Soviet Socialist Republic
|
Honduras
|
Syria
|
|
|
India
|
Turkey
|
|
Canada
|
Iran
|
Ukrainian Soviet Socialist Republic
|
|
Chile
|
Iraq
|
|
|
China
|
Lebanon
|
Union of South Africa
|
|
Colombia
|
Liberia
|
Union of Soviet Socialist Republics
|
|
Costa Rica
|
Luxembourg
|
|
|
Cuba
|
Mexico
|
United Kingdom
|
|
Czechoslovakia
|
Netherlands
|
United States of America
|
|
Denmark
|
New Zealand
|
|
|
Dominican Republic
|
Nicaragua
|
Uruguay
|
|
Ecuador
|
Norway
|
Venezuela
|
|
Egypt
|
Panama
|
Yugoslavia.]
|
|
El Salvador
|
|
|
Note 2
The Schedule—Articles 23, 27, 61 and 109 were amended
subsequent to the approval of the Charter by the Charter of the United Nations
Act 1945 and, as amended to 31 May 1983, are printed below. Notes on the
amended Articles are also printed below.
TEXT
OF AMENDED ARTICLES
Article
23
1. The
Security Council shall consist of fifteen Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland, and the United States of America
shall be permanent members of the Security Council. The General Assembly shall
elect ten other Members of the United Nations to be non‑permanent Members
of the Security Council, due regard being specially paid, in the first instance
to the contribution of Members of the United Nations to the maintenance of
international peace and security and to the other purposes of the Organization,
and also to equitable geographical distribution.
2. The non‑permanent
members of the Security Council shall be elected for a term of two years. In
the first election of the non‑permanent members after the increase of the
membership of the Security Council from eleven to fifteen, two of the four
additional members shall be chosen for a term of one year. A retiring member
shall not be eligible for immediate re‑election.
3. Each
member of the Security Council shall have one representative.
Article 27
1. Each
member of the Security Council shall have one vote.
2. Decisions
of the Security Council on procedural matters shall be made by an affirmative
vote of nine members.
3. Decisions
of the Security Council on all other matters shall be made by an affirmative
vote of nine members including the concurring votes of the permanent members;
provided that, in decisions under Chapter VI, and under paragraph 3 of Article
52, a party to a dispute shall abstain from voting.
Article
61
1. The
Economic and Social Council shall consist of fifty‑four Members of the
United Nations elected by the General Assembly.
2. Subject
to the provisions of paragraph 3, eighteen members of the Economic and Social
Council shall be elected each year for a term of three years. A retiring member
shall be eligible for immediate re‑election.
3. At the
first election after the increase in the membership of the Economic and Social
Council from twenty‑seven to fifty‑four members, in addition to the
members elected in place of the nine members whose term of office expires at
the end of that year, twenty‑seven additional members shall be elected.
Of these twenty‑seven additional members, the term of office of nine
members so elected shall expire at the end of one year, and of nine other
members at the end of two years, in accordance with arrangements made by the
General Assembly.
4. Each
member of the Economic and Social Council shall have one representative.
Article 109
1. A
General Conference of the Members of the United Nations for the purpose of
reviewing the present Charter may be held at a date and place to be fixed by a
two‑thirds vote of the members of the General Assembly and by a vote of
any nine members of the Security Council. Each Member of the United Nations
shall have one vote in the conference.
2. Any
alteration of the present Charter recommended by a two‑thirds vote of the
conference shall take effect when ratified in accordance with their respective
constitutional processes by two thirds of the Members of the United Nations
including all the permanent members of the Security Council.
3. If such
a conference has not been held before the tenth annual session of the General
Assembly following the coming into force of the present Charter, the proposal
to call such a conference shall be placed on the agenda of that session of the
General Assembly, and the conference shall be held if so decided by a majority
vote of the members of the General Assembly and by a vote of any seven members
of the Security Council.
NOTES
ON AMENDED ARTICLES
Amendments to
Articles 23, 27 and 61 of the Charter of the United Nations, adopted by the
General Assembly on 17 December 1963, came into force on 31 August 1965. A further amendment to Article 61, adopted by the General Assembly on 20 December 1971, came into force on 24 September 1973. An amendment to Article 109,
adopted by the General Assembly on 20 December 1965, came into force on 12 June 1968.
The amendment
to Article 23 enlarged the membership of the Security Council from eleven to
fifteen.
The amended
Article 27 provides that decisions of the Security Council on procedural
matters shall be made by an affirmative vote of nine members (formerly seven)
and on all other matters by an affirmative vote of nine members (formerly
seven), including the concurring votes of the five permanent members of the
Security Council.
The first
amendment to Article 61 enlarged the membership of the Economic and Social
Council from eighteen to twenty‑seven. The further amendment to Article
61 enlarged the membership of the Economic and Social Council to fifty‑four
members.
The amendment
to Article 109 provides that a General Conference of Member States for the
purpose of reviewing the Charter may be held at a date and place to be fixed by
a two‑thirds vote of the members of the General Assembly and by a vote of
any nine members (formerly seven) of the Security Council.
Note 3
The Schedule—Poland, which signed the Charter on 15 October 1945 (being a date subsequent to the date on which the Charter of the United
Nations Act 1945 received the Royal Assent), is also an original member.
Note 4
International Trade
Integrity Act 2007 (No. 147, 2007)
The following amendments
commence on 24 March 2008 unless proclaimed earlier:
Schedule 1
1 Section 2
Repeal the section, substitute:
2 Definitions
In this Act:
asset means:
(a) an asset of any kind or property
of any kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) a legal document or instrument in
any form, including electronic or digital, evidencing title to, or interest in,
such an asset or such property, including, but not limited to, bank credits,
travellers cheques, bank cheques, money orders, shares, securities, bonds, debt
instruments, drafts and letters of credit.
CEO, in relation to a Commonwealth entity,
means the chief executive officer (however described) of that entity.
Charter of the United Nations means the
Charter of the United Nations, done at San Francisco on 26 June 1945 [1945] ATS
1.
Note: The text of the Charter of the United Nations
is set out in Australian Treaty Series 1945 No. 1. In 2007, the text of a
Convention in the Australian Treaty Series was accessible through the
Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
Commonwealth entity means:
(a) an agency (within the meaning of the
Financial Management and Accountability Act 1997); or
(b) a Commonwealth authority (within
the meaning of the Commonwealth Authorities and Companies Act 1997).
designated Commonwealth entity means a
Commonwealth entity that is specified in an instrument under section 2A.
foreign government entity means:
(a) the government of a foreign
country or of part of a foreign country; or
(b) an authority of the government of
a foreign country; or
(c) an authority of the government of
part of a foreign country.
officer of a Commonwealth entity includes:
(a) the CEO of the Commonwealth
entity; and
(b) an employee of the Commonwealth
entity; and
(c) any other person engaged by the
Commonwealth entity, under contract or otherwise, to exercise powers, or
perform duties or functions, of the Commonwealth entity.
public international organisation has the
meaning given by section 70.1 of the Criminal Code.
State or Territory entity means:
(a) a State or Territory; or
(b) an authority of a State or
Territory.
UN sanction enforcement law means a provision
that is specified in an instrument under subsection 2B(1).
2 After section 2
Insert:
2A
Meaning of designated Commonwealth entity
The Minister may, by legislative
instrument, specify a Commonwealth entity as a designated Commonwealth
entity.
2B
Meaning of UN sanction enforcement law
(1) The Minister may, by legislative
instrument, specify a provision of a law of the Commonwealth as a UN
sanction enforcement law.
(2) The Minister may specify a provision in
relation to particular circumstances.
(3) The Minister may only specify a provision
to the extent that it gives effect to a decision that:
(a) the Security Council has made
under Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires
Australia to carry out;
in so far as that decision requires Australia to apply
measures not involving the use of armed force.
Note: Articles 39 and 41 of the Charter provide for
the Security Council to decide what measures not involving the use of armed
force are to be taken to maintain or restore international peace and security.
(4) A provision may be specified whether or
not the provision is made for the sole purpose of giving effect to a decision
of the Security Council.
(5) A provision ceases to be a UN
sanction enforcement law to a particular extent if:
(a) Article 25 of the Charter of the
United Nations ceases to require Australia to carry out a decision referred to
in subsection (3); and
(b) the provision gave effect to that
decision to that extent; and
(c) the provision does not give effect
to any other decision referred to in subsection (3) to that extent.
3 Section 6
Before “The Governor‑General”, insert “(1)”.
4 Paragraph 6(a)
Omit “has made”, substitute “makes”.
5 At the end of section 6
Add:
(2) Without limiting subsection (1), the
regulations may give effect to a decision of the Security Council by any or all
of the following means:
(a) proscribing persons or entities;
(b) restricting or preventing uses of,
dealings with, and making available, assets;
(c) restricting or preventing the
supply, sale or transfer of goods or services;
(d) restricting or preventing the
procurement of goods or services;
(e) providing for indemnities for
acting in compliance or purported compliance with those regulations;
(f) providing for compensation for
owners of assets;
(g) authorising the making of
legislative instruments.
(3) Despite subsection 14(2) of the Legislative
Instruments Act 2003, regulations made for the purposes of subsection (1)
may make provision in relation to a matter by applying, adopting or
incorporating any matter contained in an instrument or other writing as in
force or existing from time to time.
6 At the end of Division 2 of Part 3
Add:
13A
Invalidation of permission, authorisations etc.
A licence, permission, consent, approval
or authorisation granted under the regulations (a relevant authorisation)
is taken never to have been granted if information contained in, or information
or a document accompanying, the application for the relevant authorisation:
(a) is false or misleading in a
material particular; or
(b) omits any matter or thing without
which the information or document is misleading in a material particular.
8 Part 4 (heading)
Repeal the heading, substitute:
Part 4—Security Council
decisions that relate to terrorism and dealings with assets
9 Section 14 (definition of asset)
Repeal the definition.
10 Subsection 20(1)
Omit “A person”, substitute “An individual”.
Note: The following heading to subsection 20(1) is
inserted “Offence for individuals”.
11 Paragraphs 20(1)(a) and (b)
Omit “person”, substitute “individual”.
12 Subsection 20(1) (penalty)
Repeal the penalty.
13 At the end of subsection 20(2)
Add:
Note: For strict liability, see
section 6.1 of the Criminal Code.
14 Subsection 20(3)
Omit “person”, substitute “individual”.
15 At the end of subsection 20(3)
Add:
Note: The individual bears a legal burden in
relation to a matter in subsection (3) (see section 13.4 of the Criminal
Code).
16 After subsection 20(3)
Insert:
Penalty for individuals
(3A) An offence under subsection (1) is
punishable on conviction by imprisonment for not more than 10 years or a fine
not exceeding the amount worked out under subsection (3B), or both.
(3B) For the purposes of subsection (3A), the
amount is:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 2,500 penalty units;
or
(b) otherwise—2,500 penalty units.
Offence for bodies corporate
(3C) A body corporate commits an offence if:
(a) the body corporate holds an asset;
and
(b) the body corporate:
(i) uses or deals with the
asset; or
(ii) allows the asset to be
used or dealt with; or
(iii) facilitates the use of
the asset or dealing with the asset; and
(c) the asset is a freezable asset;
and
(d) the use or dealing is not in
accordance with a notice under section 22.
(3D) An offence under subsection (3C) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3E) It is a defence if the body corporate
proves that:
(a) the use or dealing was solely for
the purpose of preserving the value of the asset; or
(b) the body corporate took reasonable
precautions, and exercised due diligence, to avoid contravening subsection (3C).
Note: The body corporate bears a legal burden in
relation to a matter in subsection (3E) (see section 13.4 of the Criminal
Code).
Penalty for bodies corporate
(3F) An offence under subsection (3C) is
punishable on conviction by a fine not exceeding:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 10,000 penalty units;
or
(b) otherwise—10,000 penalty units.
17 Subsection 20(4)
After “subsection (1)”, insert “or (3C)”.
18 Subsection 21(1)
Omit “A person”, substitute “An individual”.
Note: The following heading to subsection 21(1) is
inserted “Offence for individuals”.
19 Paragraph 21(1)(a)
Omit “person” (first occurring), substitute “individual”.
20 Subsection 21(1) (penalty)
Repeal the penalty.
21 At the end of subsection 21(2)
Add:
Note: For strict liability, see
section 6.1 of the Criminal Code.
22 After subsection 21(2)
Insert:
Penalty for individuals
(2A) An offence under subsection (1) is
punishable on conviction by imprisonment for not more than 10 years or a fine
not exceeding the amount worked out under subsection (2B), or both.
(2B) For the purposes of subsection (2A), the
amount is:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 2,500 penalty units;
or
(b) otherwise—2,500 penalty units.
Offence for bodies corporate
(2C) A body corporate commits an offence if:
(a) the body corporate, directly or
indirectly, makes an asset available to a person or entity; and
(b) the person or entity to whom the
asset is made available is a proscribed person or entity; and
(c) the making available of the asset
is not in accordance with a notice under section 22.
(2D) An offence under subsection (2C) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(2E) It is a defence if the body corporate
proves that it took reasonable precautions, and exercised due diligence, to
avoid contravening subsection (2C).
Note: The body corporate bears a legal burden in
relation to a matter in subsection (2E) (see section 13.4 of the Criminal
Code).
Penalty for bodies corporate
(2F) An offence under subsection (2C) is punishable
on conviction by a fine not exceeding:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 10,000 penalty units;
or
(b) otherwise—10,000 penalty units.
23 Subsection 21(3)
After “subsection (1)”, insert “or (2C)”.
24 After section 22A
Insert:
22B
Invalidation of notice for false or misleading information
A notice under section 22 is taken never
to have been made if information contained in, or information or a document
accompanying, the application for the notice:
(a) is false or misleading in a
material particular; or
(b) omits any matter or thing without
which the information or document is misleading in a material particular.
26 After Part 4
Insert:
Part 5—Offences relating to UN sanctions
27
Offence—Contravening a UN sanction enforcement law
Individuals
(1) An individual commits an offence if:
(a) the individual engages in conduct;
and
(b) the conduct contravenes a UN
sanction enforcement law.
(2) An individual commits an offence if:
(a) the individual engages in conduct;
and
(b) the conduct contravenes a
condition of a licence, permission, consent, authorisation or approval (however
described) under a UN sanction enforcement law.
(3) An offence under subsection (1) or (2) is
punishable on conviction by imprisonment for not more than 10 years or a fine
not exceeding the amount worked out under subsection (4), or both.
(4) For the purposes of subsection (3), the
amount is:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 2,500 penalty units;
or
(b) otherwise—2,500 penalty units.
Bodies corporate
(5) A body corporate commits an offence if:
(a) the body corporate engages in
conduct; and
(b) the conduct contravenes a UN
sanction enforcement law.
(6) A body corporate commits an offence if:
(a) the body corporate engages in
conduct; and
(b) the conduct contravenes a
condition of a licence, permission, consent, authorisation or approval (however
described) under a UN sanction enforcement law.
(7) Subsection (5) or (6) does not apply if
the body corporate proves that it took reasonable precautions, and exercised
due diligence, to avoid contravening that subsection.
Note: The body corporate bears a legal burden in
relation to a matter in subsection (7) (see section 13.4 of the Criminal
Code).
(8) An offence under subsection (5) or (6) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(9) An offence under subsection (5) or (6) is
punishable on conviction by a fine not exceeding:
(a) if the contravention involves a
transaction or transactions the value of which the court can
determine—whichever is the greater of the following:
(i) 3 times the value of
the transaction or transactions;
(ii) 10,000 penalty units;
or
(b) otherwise—10,000 penalty units.
Definitions
(10) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
28
Offence—False or misleading information given in connection with a UN sanction
enforcement law
(1) A person commits an offence if:
(a) the person gives information or a
document to a Commonwealth entity; and
(b) the information or document is
given in connection with the administration of a UN sanction enforcement law;
and
(c) the information or document:
(i) is false or
misleading; or
(ii) omits any matter or
thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or
both.
(2) A person (the first person)
commits an offence if:
(a) the first person gives information
or a document to another person; and
(b) the first person is reckless as to
whether the other person or someone else will give the information or document
to a Commonwealth entity in connection with the administration of a UN sanction
enforcement law; and
(c) the information or document:
(i) is false or
misleading; or
(ii) omits any matter or
thing without which the information or document is misleading.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or
both.
(3) Subsection (1) or (2) does not apply:
(a) as a result of subparagraph (1)(c)(i)
or (2)(c)(i)—if the information or document is not false or misleading in a
material particular; or
(b) as a result of subparagraph (1)(c)(ii)
or (2)(c)(ii)—if the information or document did not omit any matter or thing
without which the information or document is misleading in a material
particular.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
Geographical application of offences
(4) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1) or (2).
Part 6—Information relating to UN sanctions
29 CEO
of Commonwealth entity may give information or document
(1) The CEO of a Commonwealth entity may give
any information or document to the CEO of a designated Commonwealth entity for
a purpose in connection with the administration of a UN sanction enforcement
law.
(2) Subsection (1) applies despite any other
law of the Commonwealth, a State or a Territory.
30
Power to require information or documents to be given
(1) The CEO of a designated Commonwealth
entity may, for the purpose of determining whether a UN sanction enforcement
law has been or is being complied with, give a person a written notice
requiring the person to do either or both of the following:
(a) to give the CEO information of the
kind, by the time and in any manner or form, specified in the notice;
(b) to give the CEO documents of the
kind, by the time and in any manner, specified in the notice.
(2) The person must comply with the notice
despite any other law of the Commonwealth, a State or a Territory.
(3) The time specified in the notice must be reasonable,
having regard to all the circumstances.
(4) The person may, before the time specified
in the notice, request the CEO to extend the time by which the information or
documents must be given.
(5) The CEO may, by written notice given to
the person, vary the notice under subsection (1) to specify a later time by
which the information or documents must be given.
(6) Subsection (5) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 in
relation to a notice under subsection (1).
Note: Subsection 33(3) of the Acts Interpretation
Act 1901 deals with revocation and variation etc. of instruments.
(7) Subsection (1) does not apply if:
(a) the person is the Commonwealth or
a Commonwealth entity; or
(b) the person:
(i) is, or has at any time
been, an officer of a Commonwealth entity; and
(ii) obtained or generated
the information or document in the course of carrying out his or her duties as
an officer of the Commonwealth entity.
31
Information may be required to be given on oath
(1) The CEO may require the information to be
verified by, or given on, oath or affirmation.
(2) The oath or affirmation is an oath or
affirmation that the information is true.
32
Offence for failure to comply with requirement
(1) A person commits an offence if:
(a) the person has been given a notice
under section 30; and
(b) the person does not comply with
the notice.
Penalty: Imprisonment for 12 months.
(2) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1).
33
Self‑incrimination not an excuse
(1) An individual is not excused from giving
information or a document under section 30 on the ground that the
information, or the giving of the document, might tend to incriminate the
individual or otherwise expose the individual to a penalty or other liability.
(2) However, neither the information given
nor the giving of the document is admissible in evidence against the individual
in any criminal proceedings, or in any proceedings that would expose the
individual to a penalty, other than proceedings for an offence against:
(a) section 28 (false or misleading
information given in connection with a UN sanction enforcement law); or
(b) section 32 (failure to comply with
requirement to give information or document).
34 CEO
may copy documents
If a person gives a document to the CEO
of a designated Commonwealth entity under section 30, the CEO:
(a) may take and keep a copy of the
document; and
(b) must return the document to the
person within a reasonable time.
35
Further disclosure and use of information and documents
Disclosure and use of information etc. within entity
(1) An officer of a designated Commonwealth
entity may do any of the following for a purpose in connection with the
administration of a UN sanction enforcement law or with a decision of the
Security Council referred to in section 6:
(a) copy, make a record of or use, any
information or document;
(b) disclose any information, or give
any document, to another officer of that entity.
Disclosure outside of entity
(2) A CEO of a designated Commonwealth entity
may disclose any information or give any document to any of the following for a
purpose in connection with the administration of a UN sanction enforcement law
or with a decision of the Security Council referred to in section 6:
(a) a Minister of the Commonwealth, a
State or a Territory;
(b) the CEO of another Commonwealth
entity;
(c) a State or Territory entity;
(d) a foreign government entity;
(e) a public international
organisation;
(f) a person specified in an
instrument under subsection (3).
(3) The Minister may, by legislative
instrument, specify a person for the purposes of paragraph (2)(f).
(4) Subsections (1) and (2) apply despite any
other law of the Commonwealth, a State or a Territory.
36
Protection from liability
(1) A person who, in good faith, gives,
discloses, copies, makes a record of or uses information or a document under
section 29, 30, 34 or 35 is not liable:
(a) to any proceedings for
contravening any other law because of that conduct; or
(b) to civil proceedings for loss,
damage or injury of any kind suffered by another person because of that
conduct.
(2) Subsection (1) does not prevent the
person from being liable to a proceeding for conduct of the person that is
revealed by the information or document.
37
Retention of records and documents
(1) A person who applies for a licence,
permission, consent, authorisation or approval under a UN sanction enforcement
law (a relevant authorisation) must retain any records or
documents relating to that application for the period of 5 years beginning on:
(a) if the relevant authorisation was
granted—the last day on which an action to which the relevant authorisation
relates was done; or
(b) if the relevant authorisation was
not granted—the day on which the application was made.
(2) A person who is granted a licence,
permission, consent, authorisation or approval under a UN sanction enforcement
law (a relevant authorisation) must retain any records or
documents relating to the person’s compliance with any conditions to which the
relevant authorisation is subject for the period of 5 years beginning on the
last day on which an action to which the relevant authorisation relates was done.
Note: A person may commit an offence if the person
fails to give under section 30 a record or document that is required to be
retained under this section: see section 32.
38
Delegation
(1) The CEO of a Commonwealth entity may, by
written instrument, delegate all or any of his or her powers or functions under
this Part to:
(a) an SES employee or acting SES
employee of the entity; or
(b) an employee of the entity of
equivalent rank to an SES employee.
(2) In exercising powers or performing
functions delegated under subsection (1), the delegate must comply with any
directions of the CEO.
Part 7—Miscellaneous
39
Regulations
The Governor‑General may make
regulations prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
As at 2 October 2007 the amendments are not incorporated
in this compilation.