Banking (Foreign Exchange) Regulations 1959 Variation of Exemption (sub-regulation 6(1)) Syria (16/06/2011) (Cth)

Direction relating to foreign currency transactions and to Syria (16/06/2011)

as amended

made under regulation 5 of the

Banking (Foreign Exchange) Regulations 1959

This compilation was prepared on 19 October 2011
taking into account amendments up to Direction relating to foreign currency transactions and to Syria – Amendment to the Annex and Variation of Exemptions – Amendment to the Annexes (13/10/2011)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Banking (Foreign Exchange) Regulations 1959

Direction relating to foreign currency transactions and to Syria (16/06/2011)

The Reserve Bank of Australia, pursuant to regulation 5 of the Banking (Foreign Exchange) Regulations 1959, hereby directs that:

a person must not, either on the person’s own behalf or on behalf of another person, buy, borrow, sell, lend or exchange foreign currency in Australia, or otherwise deal with foreign currency in any other way in Australia;

a resident, or a person acting on behalf of a resident, must not buy, borrow, sell, lend or exchange foreign currency outside Australia, or otherwise deal with foreign currency in any other way outside Australia;

a person must not be a party to a transaction, being a transaction that takes place in whole or in part in Australia or to which a resident is a party, that has the effect of, or involves, a purchase, borrowing, sale, loan or exchange of foreign currency, or otherwise relates to foreign currency

where the transaction relates to property, securities or funds owned or controlled directly or indirectly by, or otherwise relates to payments directly or indirectly to, or for the benefit of any person listed in the Annex to this direction.

The Annex to this direction may be amended from time to time. Any such amendment shall be taken as being part of this direction as from the date specified in the amendment.

This instrument comes into operation on 22 June 2011.

Dated at Sydney this 16^th day of June 2011.

Annex

PERSON/ENTITY	DESCRIPTION
Al-Abbas, Amjad	Head of Political Security in Banias, has been involved in violence against demonstrators in Baida.
Al-Assad, Bashar	Born 11 September 1965 in Damascus; diplomatic passport No. D1903. President of the Syrian Arab Republic, responsible for violence against demonstrators.
Al-Assad, Fawwaz	Involved in repression against the civilian population as part of the Shabiha militia.
Al-Asad, Mahir	aka Maher Al-Assad. Born 8 December 1967, diplomatic passport No. 4138 Brother of Syrian President Bashar Al-Asad and brigade commander in the Syrian Army’s 4^th Armoured Division.
Al-Assad, Mundir	Involved in repression against the civilian population as part of the Shabiha militia.
Al-Chaar, Mohammad Ibrahim	Syria’s Minister for Interior, has been involved in violence against demonstrators.
Al-Shara, Farouk	aka Faruq Al Shar’. Born 10 December 1938. Vice President of the Syrian Arab Republic, responsible for violence against demonstrators.
Ghazali, Rustum	Head of Syrian Military Intelligence, and involved in repression against the civilian population.
Hassan, Jamil	Head of Syrian Airforce Intelligence, has been involved in the repression against the civilian population.
al Kuzbari, Nabil Rafik	Nabil Rafik al Kuzbari is the Chairman of Chan Holding and acts on behalf of Rami Makhlouf. Chan Holding is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.
Mahmoud, Ali Habib	Minister of Defence of the Syrian Arab Republic, responsible for violence against demonstrators.
Makhlouf, Hafez	Born 2 April 1971 in Damascus; diplomatic passport number 2246. Colonel and Head of Unit in General Intelligence Directorate, Damascus Branch. Close to Mahir Al-Assad has been involved in violence against demonstrators.
Makhlouf, Rami	Born 10 July 1969 in Damascus; passport number 454224. Syrian businessman and associate of Mahir Al‑Assad, bankrolls the regime allowing violence against protestors.
Mamluk, Ali	aka Ali Mamlouk. Born 19 February 1946, Damascus, diplomatic passport No. 983. Director of Syria’s General Intelligence Directorate (GID)
Najib, Atif	aka Atef Najib. Cousin of Syrian President Bashar Al-Asad and head of Syria’s Political Security Directorate for Dar’a Province during March 2011.
Safar, Adel	Prime Minister of the Syrian Arab Republic, responsible for violence against demonstrators.
Qudsiyah, Abd Al-Fatah	Head of Syrian Military Intelligence, has been involved in the repression against the civilian population.
Zeitoun, Mohammed Dib	Head of Political Security, has been involved in violence against demonstrators.
Al Mashreq Investment Fund	Al Mashreq Investment Fund is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.
Bena Properties	Bena Properties is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.
Chan Holding	Chan Holding is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.
Syrian Air Force Intelligence (SAFI)	In late April 2011, security forces including personnel from SAFI fired tear gas and live ammunition to disperse crowds of demonstrators who took to the streets in Damascus and other cities after noon prayers, killing at least 43 people.
Syrian General Intelligence Directorate (GID)
Syrian Military Intelligence (SMI)	The Syrian Military Intelligence is one of the four major branches of Syria's security forces and has used force against and arrested demonstrators participating in the unrest.
Syrian National Security Bureau (NSB)	The Syrian National Security Bureau is an element of the Syrian Ba'ath Party and directed Syrian security forces to use extreme force against demonstrators.
Al Hassan, Bassam	Presidential Advisor for Strategic Affairs; involved in the crackdown on the civilian population.
Hamcho, Mohamed	Born 20 May 1966, passport no. 002954347. Brother-in-law of Mahir Al-Assad (principal overseer of violence against demonstrators); businessman and local agent for several foreign companies; provides funding to the regime allowing the crackdown on demonstrators.
Ikhtiyar, Hisham	Born in 1941. Head of the Syrian National Security Bureau; involved in the crackdown on the civilian population.
Khayrbik, Muhammad Nasif	Born on 10 April 1937 (alt. 20 May 1937) in Hama, diplomatic passport no. 0002250. Deputy Vice President of Syria for National Security Affairs; involved in the crackdown on the civilian population.
Makhlouf, Ihab	aka Ehab Makhlouf, aka Iehab Makhlouf. Born 21 January 1973 in Damascus, passport no. N002848852. Vice-President of SyriaTel and caretaker for Rami Makhlouf’s US company; provides funding to the regime allowing the crackdown on demonstrators.
Makhlouf, Iyad	aka Eyad Makhlouf. Born 21 January 1973 in Damascus, passport no. N001820740. Brother of Rami Makhlouf (businessman who provides funding to the regime) and GID officer involved in the crackdown on the civilian population.
Rajiha, Dawud	Chief of Staff of the Armed Forces responsible for the military involvement in the crackdown on peaceful protestors.
Shawkat, Asif	Born 15 January 1950 in Al-Madehleh, Tartus. Deputy Chief of Staff for Security and Reconnaissance; involved in the crackdown on the civilian population.
Chaliche, Zoulhima	Born in 1946 or 1951 in Kerdaha. Head of Presidential Security and involved in violence against demonstrators; first cousin of President Assad.
Chaliche, Riyad	Director of the Military Housing Establishment, who has provided funds to the Assad regime; first cousin of President Assad.
Jabir, Ayman	Associate of Mahir al-Assad, involved with the Shabiha military. Directly involved in the repression and violence against the civilian population and co-ordination of Shabiha militia groups.
Makhlouf, Mohammed	aka Abu Rami. Close associate and maternal uncle of Bashar and Mahir al-Assad. Business associate and father of Rami, Ihab and Iyad Makhlouf.
Mufleh, Mohammad	Head of Syrian Military Intelligence in the town of Hama.
Qaddur, Khalid	Has close ties to Rami Makhlouf, a cousin of President Assad who is listed for the financial support he provides to the regime.
al-Quwatli, Ra’if	Has close ties to Rami Makhlouf, a cousin of President Assad, who is listed for the financial support he provides to the regime.
Younes, Major General Tawfiq	Head of the Department for Internal Security of the General Intelligence Directorate.
Commercial Bank of Syria	A Syrian state-owned financial institution which provides financial support to the regime and is an agent of designated Syrian and North Korean WMD proliferators and engaging in dealings with designated Iranian banks.
Hamcho International	aka Hamsho International Group. Controlled by Mohammad Hamcho or Hamsho and provides funding to the Assad regime.
Military Housing Establishment	aka MILIHOUSE. A public works company controlled by Riyad Chaliche and the Syrian Ministry of Defence; provides funding to the regime.
Syrian Lebanese Commercial Bank	Owned or controlled by the Commercial Bank of Syria
Syrian Political Security Directorate	Has been responsible for human rights abuses in the Syrian city of Daraa in March and April 2011.
Syriatel	Owned or controlled by Rami Makhlouf, Syrian businessman and regime insider and by Al Mashreq Investment Fund, both of which are already listed by Australia.

Notes to the Direction relating to foreign currency transactions and to Syria (16/06/2011)

Note 1

The Direction relating to foreign currency transactions and to Syria (16/06/2011) (in force under regulation 5 of the Banking (Foreign Exchange) Regulations 1959) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration/ notification in *Gazette*	Date of commencement	Application, saving or transitional provisions
Direction relating to foreign currency transactions and to Syria (16/06/2011)	21 June 2011 (see F2011L01115) 22 June 2011 (see Gazette 2011, No. GN24)	22 June 2011
Direction relating to foreign currency transactions and to Syria – Amendment to the Annex and Variation of Exemptions – Amendment to the Annexes (28/07/2011)	2 Aug 2011 (see F2011L01591) 3 Aug 2011 (see Gazette 2011, No. GN30)	3 Aug 2011	—
Direction relating to foreign currency transactions and to Syria – Amendment to the Annex and Variation of Exemptions – Amendment to the Annexes (13/10/2011)	18 Oct 2011 (see F2011L02084 19 Oct 2011 (see Gazette 2011, No. GN41)	19 Oct 2011	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Annex.............................................	rs. F2011L01591; F2011L02084