Autonomous Sanctions (Designated and Declared Persons - Burma) List 2012

Administered by Department of Foreign Affairs and Trade

Legislation au F2012L00474 Not in force Legislative Instrument

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Explanatory Statement

 

 

Issued by the Authority of the Minister for Trade

 

Autonomous Sanctions Act 2011

 

Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012

 

The Autonomous Sanctions Regulations 2011 (the Regulations) commenced on
15 December 2011.  The purpose of the Regulations is to facilitate the conduct of Australia’s relations with certain countries, and with specific entities or persons outside Australia, through the imposition of autonomous sanctions in relation to those countries, or targeting those entities or persons.

 

Paragraph 6 (1) (a) of the Regulations authorises the Minister for Trade, by legislative instrument, to designate a person or entity on the basis that the person or entity is mentioned in an item of the table in regulation 6.  The purpose of such a designation is to subject the designated person or entity to targeted financial sanctions.  The designated person or entity becomes the object of the prohibition in regulation 14 (which prohibits directly or indirectly making an asset available to, or for the benefit of, a designated person or entity, other than as authorised by a permit granted under regulation 18).  An asset owned or controlled by a designated person or entity is a “controlled asset”, subject to the prohibition in regulation 15 (which requires a person who holds an asset that is owned or controlled by a designated person or entity to freeze that asset, by prohibiting that person from either using or dealing with that asset, or allowing it to be used or dealt with, or facilitating the use of or dealing with it, other than as authorised by a permit granted under regulation 18).

 

Paragraph 6 (1) (b) of the Regulations authorises the Minister, by legislative instrument, to declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia on the basis that the person is mentioned in an item of the table in regulation 6.

 

Each person listed in Schedule 1 of the Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012 (the Burma List) is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations and declared by the Minister for the purposes of paragraph 6 (1) (b) of the Regulations, on the basis that he or she is mentioned in Item 1 of the table in regulation 6; that is:

 

(a) A former member of the State Peace and Development Council (SPDC);

(b) A person who the Minister is satisfied is a business associate of the Burmese military;

(c) A current or former minister or a current or former deputy minister;

(d) A current or former military officer of the rank of Brigadier-General or higher;

(e) A senior official in any of Burma’s security or corrections agencies;

(f) A current or former senior officeholder of the Union Solidarity and Development Party (USDP) or the Union Solidarity and Development Association (USDA);

(g) A senior official or executive in a state-owned or a military-owned enterprise;

(h) An immediate family member of a person mentioned in any of paragraphs (a) to (g).

 

The new legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations and the Burma List are part, have been the subject of extensive consultation with governmental and non-governmental stakeholders since May 2010.

 

This consultation included public and industry consultation sessions in mainland capital cities in May 2010, in advance of the Autonomous Sanctions Bill being first tabled in the House of Representatives and again in August 2011, before the Autonomous Sanctions Regulations were released for public comment.  It also included briefings for state and territory Government agencies, as well as industry-specific sessions for the financial services sector, the freight forwarding and customs brokering sector and the tertiary education sector.

 

On 27 September 2011 the Regulations were published on the Department of Foreign Affairs and Trade website as an exposure draft for three weeks for public comment.  The Department received nine submissions from a range of organisations in the financial services sector, the tertiary education sector and the legal community.  Seven organisations and individuals agreed to the publication of their submissions on the Department’s website. The Government’s response to the issues raised by these submissions was also published on the Department’s website.

 

In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons and entities specified in the Burma List, the Department is satisfied that wider consultations beyond those it has already undertaken would be inappropriate (sub-sections 18(1) and (2)(e) of the Legislative Instruments Act 2003).

 

 

 

Statement of Compatability with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Autonomous Sanctions (Designated Persons and Entities – Burma) List 2012

 

The Autonomous Sanctions (Designated Persons and Entities – Burma) List 2012 (Burma List) is compatible with with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

A person or entity subject to designation or declaration under regulation 6 of the Regulations may apply to the Minister for the revocation of those decisions (regulation 11 of the Regulations).  Decisions under both regulations 6 and 11 of the Regulations are judicially reviewable.

 

The targeted financial sanctions imposed on persons and entities designated under paragraph 6 (1) (a) of the Regulations do not affect the title to any asset owned or controlled by the designated person or entity.  A designated person or entity may continue to draw on his or her frozen assets, or receive assets from other sources, to meet basic expenses, including for foodstuffs, rent or mortgage, medicines or medical treatment, taxes, insurance premiums, public utility charges, reasonable professional fees, reimbursement of expenses associated with the provision of legal services, or fees or service charges that are in accordance with a law in force in Australia for the routine holding or maintenance of frozen assets (regulations 18 and 20 of the Regulations).

 

Similarly, a designated person or entity may draw on frozen assets they own or control to satisfy any pre-existing judicial, administrative or arbitral lien or judgement awarded to another (non-designated) person or entity, as well as to make payments required under contracts, agreements or obligations made before the date on which those assets became frozen.

 

Regulation 19 authorises the Minister to waive the operation of a declaration under regulation 6 so as to allow the person to travel to, enter or remain in Australia, either on the grounds that it would be in the national interest or on humanitarian grounds.

 

The object and purpose of the Burma List is, inter alia, to place pressure on key decision makers in Burma to allow the full enjoyment of the rights and freedoms referred to in subsection 3 (1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

The Autonomous Sanctions Act 2011, enacted by the Australian Parliament, was introduced to establish a framework for imposing autonomous sanctions, targeting specific entities or individuals outside Australia. The Act aims to facilitate Australia’s international relations by enabling the imposition of sanctions in response to human rights abuses or other significant global concerns, without reliance on international agreements. The Autonomous Sanctions Regulations 2011, which commenced on 15 December 2011, provide the legislative basis for the Minister for Trade to designate or declare individuals and entities as part of this sanctions regime. The policy objective of these measures is to exert pressure on key decision-makers to respect human rights and freedoms, as articulated in the Human Rights (Parliamentary Scrutiny) Act 2011. The Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012 specifies individuals and entities associated with the Burmese military and government who are subject to these sanctions, reflecting a targeted approach to influence political and economic conditions in Burma.

Scope and Application

The Autonomous Sanctions Act 2011 and its associated Regulations and the Burma List apply to individuals and entities that are designated or declared by the Minister for Trade under specific criteria. The Regulations empower the Minister to designate persons or entities for targeted financial sanctions based on their association with particular countries, such as Burma, or with specific individuals, such as former members of the State Peace and Development Council, business associates of the Burmese military, or senior officials within government or military structures. The geographic reach of these sanctions is not limited to Australia; they are intended to influence conduct and transactions globally, affecting designated individuals and entities wherever they may be located. The Burma List, specifically, targets individuals and entities associated with Burma, imposing prohibitions on making assets available to them and freezing their controlled assets, unless authorised by a permit. The Regulations also allow for the declaration of individuals to prevent their travel to, entry into, or residence in Australia, further extending their jurisdictional impact. Any person or entity designated or declared under the Regulations has the right to apply for the revocation of these decisions and to seek judicial review of such decisions. The Act and its subordinate instruments do not affect the title to any assets owned or controlled by designated persons or entities, and allow for the use of frozen assets to meet certain basic expenses and pre-existing obligations.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 include Regulation 6, which empowers the Minister for Trade to designate and declare persons or entities. Regulation 6(1)(a) allows for the designation of individuals or entities to be subjected to targeted financial sanctions (6(1)(a)), while Regulation 6(1)(b) allows for the declaration of individuals to prevent them from entering or remaining in Australia (6(1)(b)). These provisions are implemented through the Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012, which details specific individuals and entities subject to these measures. Regulation 14 imposes a prohibition on making assets available to, or for the benefit of, designated persons or entities, unless authorised by a permit (14). Regulation 15 mandates the freezing of assets owned or controlled by these individuals or entities (15). Additionally, Regulation 18 and 19 allow for specific exceptions and waivers under certain circumstances, such as for basic expenses or on humanitarian grounds. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, designated individuals and entities are subject to stringent financial sanctions, which prohibit the making available of any assets to or for their benefit unless authorised by a permit (14). These entities also face asset freezing measures, which require that their assets be rendered unusable or untradeable (15). Furthermore, the Act imposes a travel ban on declared individuals, prohibiting them from entering or remaining in Australia (6(1)(b)). There are, however, specific provisions that allow for certain exceptions to these restrictions, such as to cover basic living expenses, pre-existing obligations, or on humanitarian grounds (18, 19, 20). Breaches of the Autonomous Sanctions Regulations 2011 can result in significant penalties. Under Regulation 27, any person who contravenes a provision of the Regulations commits an offence. The Act does not specify maximum penalties for breaches, but contraventions can result in both civil and criminal consequences. Civil penalties can include fines and other monetary penalties, while criminal penalties can include imprisonment. The severity of the penalties depends on the nature and extent of the breach, and the discretion of the courts in applying the relevant laws. Additionally, decisions made under the Regulations are subject to judicial review, providing a further mechanism for accountability and redress.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.