Autonomous Sanctions Amendment (Myanmar) Regulation 2015

Overview

The Autonomous Sanctions Amendment (Myanmar) Regulation 2015 was enacted to amend the Autonomous Sanctions Regulations 2011 under the Autonomous Sanctions Act 2011. The Act, which was enacted in 2011, was designed to facilitate the conduct of Australia’s relations with certain countries and entities by imposing autonomous sanctions. Specifically, the Act targets countries like Burma (Myanmar) by prohibiting the supply of arms or related services without a permit and allowing the Minister for Foreign Affairs to designate persons or entities for targeted financial sanctions and travel restrictions. The 2015 Amendment Regulation refines the scope of activities considered as sanctioned services in relation to Burma, narrowing it to technical advice, financial assistance, financial services, and other services that assist in the manufacture, maintenance, or use of export-sanctioned goods for Myanmar. This amendment was introduced to ensure that sanctions are more precisely targeted, aligning with the overarching policy objective of promoting human rights and encouraging democratic practices in Myanmar. The regulation was developed by the Commonwealth of Australia and did not require public consultation due to its minor regulatory impact.

Scope and Application

The Autonomous Sanctions Amendment (Myanmar) Regulation 2015 applies to persons, entities, and activities in Australia and to Australian citizens and entities overseas, in relation to activities involving Burma (Myanmar). The regulation was made under Section 28 of the Autonomous Sanctions Act 2011, which allows the Governor-General to make regulations that are necessary for the Act's implementation. The scope of the Act pertains to the imposition of autonomous sanctions on Burma, particularly by targeting specific persons, entities, or activities. The regulation refines the definition of sanctioned services in relation to Burma by excluding military activities and limiting sanctioned services to those assisting in the manufacture, maintenance, or use of export-sanctioned goods for Myanmar. The regulation's jurisdictional reach is Commonwealth-wide, applying nationally across Australia, and it extends its application through the Autonomous Sanctions Regulations 2011. There are no explicit exclusions or thresholds mentioned in the provided text, but the regulation's amendments focus on specific activities relating to sanctioned services for Burma.

Key Provisions

The Autonomous Sanctions Amendment (Myanmar) Regulation 2015 modifies the existing sanctions regime against Burma by narrowing the scope of activities that fall under the definition of sanctioned services. Specifically, section 1 of the Regulation states that the name of the regulation is the Autonomous Sanctions Amendment (Myanmar) Regulation 2015, and section 2 specifies that the regulation commences on the day after it is registered. Section 3 confirms that the regulation is made under the Autonomous Sanctions Act 2011, and section 4 details that the instruments specified in the Schedule to the regulation are amended or repealed as set out in the applicable items in the Schedule. The primary amendment made by the Regulation, detailed in Schedule 1, is the repeal and substitution of a specific cell in subregulation 5(4) of the Autonomous Sanctions Regulations 2011. The Amendment Regulation imposes specific obligations on parties and entities subject to the sanctions. These obligations include ensuring that any services provided do not fall within the narrower definition of sanctioned services, which are now limited to technical advice, assistance or training; financial assistance; financial services; or other services that assist with or are provided in relation to the manufacture, maintenance, or use of an export sanctioned good for Myanmar. This redefinition aims to ensure compliance with the updated sanctions framework. Failure to comply with the provisions of the Autonomous Sanctions Amendment (Myanmar) Regulation 2015 can result in civil or criminal penalties. Under the Autonomous Sanctions Act 2011, significant penalties can be imposed for breaches of the sanctions regime. For example, supplying arms or related materiel, or providing sanctioned services to Burma without a permit can lead to substantial fines and imprisonment. The exact penalties are not specified in the Explanatory Statement but are detailed in the main Act. Additionally, designated individuals or entities who violate the sanctions may face financial penalties, asset freezes, and other restrictive measures. The Regulation is designed to be compatible with human rights, as outlined in the Statement of Compatibility with Human Rights. The Amendment Regulation seeks to promote human rights in Burma by recalibrating the scope of autonomous sanctions to focus more precisely on activities that support the manufacture, maintenance, or use of export-sanctioned goods. This recalibration aims to pressure key decision-makers in Burma to respect and protect the rights and freedoms of their citizens, as articulated in the Human Rights (Parliamentary Scrutiny) Act 2011. Engaging in discussions about human rights and democracy in Burma remains a key aspect of Australia's approach to the country.