Sanctions were first imposed concerning Somalia in 1992 with resolution 751 and have changed over time.
United Nations Sanctions (Somalia) Regulations 2018
New Zealand has implemented the UNSC sanctions through the United Nations Sanctions (Somalia) Regulations 2018(external link).
The latest amendments to these regulations came into force on 1 September 2022. You can find the full text of the regulations here(external link). These regulations apply to all persons inside New Zealand and to New Zealand citizens outside New Zealand.
A person breaching the sanctions regulations could be liable for up to 12 months imprisonment or a fine of up to $10,000. A company breaching the sanctions regulations could be liable for a fine of up to $100,000.
Some of the key restrictions in the revised sanctions regulations are outlined below. The following list is a summary only and is not comprehensive. We recommend that you look at the detailed regulations and obtain independent legal advice when making decisions about dealings with people or entities in Somalia.
Arms embargo
The regulations prohibit the direct and indirect export of arms from New Zealand to Somalia (with some exceptions). They also prohibit the export of arms to a person designated by the UN. The regulations also prohibit loading or carrying such arms on a New Zealand craft, and other transactions or dealing with arms that are intended for Somalia or a designated person (see regulations 5-11).
If you (or the New Zealand Government) are required by the regulations to notify the United Nations Security Council Committee about an export or the provision of assistance or training, please contact the Ministry of Foreign Affairs and Trade at exportcontrols@mfat.govt.nz.
IED components embargo
The regulations prohibit the export of certain components that are intended to be, or are at significant risk of being, used to manufacture improvised explosive devices (IEDs) in Somalia. See regulation 3 for a list of the chemicals and equipment that qualify as IED components. The regulations also prohibit loading or carrying such IED components on a New Zealand craft, and other transactions or dealing with IED components that are intended to be used or are at significant risk of being used to manufacture IEDs in Somalia.
The regulations also require people trading in IED components and other explosive precursors and materials with Somalia to keep records and notify the Secretary of Foreign Affairs and Trade of any dealings with Somalia. For a list of the chemicals that qualify as explosive precursors or material, see regulation 12G. If you are required to notify the Secretary please contact exportcontrols@mfat.govt.nz.
Asset Freeze
The regulations prohibit transferring, selling, or otherwise dealing with any property that is owned or controlled by a designated person or their agent (see regulations 17–19).
If you (or the New Zealand Government) are required by the regulations to notify the United Nations Security Council Committee about an export or the provision of assistance or training, please contact the Ministry of Foreign Affairs and Trade at exportcontrols@mfat.govt.nz.
Import prohibition: Charcoal
The regulations prohibit the import of charcoal from Somalia to New Zealand. They also prohibit carrying charcoal from Somalia on a New Zealand craft and any other dealings with charcoal from Somalia (see regulations 13–16).
Training and assistance
The regulations prohibit providing any training or assistance relating to military activities or to the supply, sale, transfer, manufacture or use of arms to anyone in Somalia (with some exceptions) or to a designated person (see regulation 12).
Travel ban
The regulations prohibit people designated by the UN from entering or transiting through New Zealand (see regulation 20).