Overview

The Autonomous Sanctions (Designated and Declared Persons – Burma) Revocation 2012 (No. 1) was enacted to revoke the Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012 and the Autonomous Sanctions (Designated and Declared Persons – Burma) Amendment List 2012 (No. 1), effectively lifting the autonomous sanctions imposed on individuals in Burma. This legislative instrument was introduced by the Minister for Foreign Affairs and represents a policy shift aimed at encouraging democratic reform in Burma. The revocation reflects Australia's commitment to supporting ongoing reforms while maintaining the capacity to re-impose sanctions if necessary. The Revocation is compatible with human rights obligations as it allows for continued dialogue on human rights and democracy in Burma, ensuring that Australia's engagement remains focused on promoting positive change.

Scope and Application

The Autonomous Sanctions Regulations 2011 apply to any person or entity that may be designated or declared by the Minister for Foreign Affairs in the context of Australia's autonomous sanctions, specifically targeting countries or entities outside Australia, such as Burma. The Regulations facilitate the imposition of targeted financial sanctions and travel restrictions on designated individuals or entities. The scope of these sanctions includes prohibiting the making available of assets to or for the benefit of designated persons or entities, as well as freezing any assets controlled by them, unless authorised by a permit. The geographic reach of the Regulations is national, as they apply to Australia's autonomous sanctions and the implementation of these measures domestically. Any person or entity within Australia or its jurisdiction can be subject to these sanctions if designated by the Minister. The Regulations allow for the revocation of designations and declarations through subordinate instruments, providing flexibility in response to changing circumstances or policy decisions.

Key Provisions

The Autonomous Sanctions Regulations 2011, which came into effect on 15 December 2011, allow the Minister for Foreign Affairs to impose sanctions on specific countries, entities, or individuals in order to influence Australia's international relations. Under section 6(1)(a) of these regulations, the Minister can designate an individual or entity based on a list provided in regulation 6, thereby subjecting them to targeted financial sanctions. Once designated, these individuals or entities become subject to the prohibitions outlined in regulation 14, which restricts the making available of any assets to them, except under a permit granted under regulation 18. Similarly, any asset owned or controlled by a designated individual or entity becomes a "controlled asset" and is subject to the prohibitions in regulation 15, which requires freezing of the asset unless authorised by a permit under regulation 18. Under section 6(1)(b) of the Regulations, the Minister can also declare an individual for the purpose of preventing them from travelling to, entering, or remaining in Australia if they meet the criteria in regulation 6. The list of individuals and entities designated and declared for sanctions against Burma is maintained in the Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012. The list can be amended or revoked by the Minister under section 10 of the Regulations, with section 10(2) specifically allowing the Minister to revoke a designation or declaration on their own initiative. This authority was exercised on 7 June 2012 when the Minister revoked all remaining sanctions designations and declarations in relation to Burma, a decision formalised through the Autonomous Sanctions (Designated and Declared Persons – Burma) Revocation 2012 (No. 1). The obligations imposed by the Regulations on those subject to sanctions include strict compliance with the prohibitions outlined in regulations 14 and 15. Any person found in possession of, or dealing with, assets controlled by designated individuals or entities must ensure these actions are authorised by a permit granted under regulation 18. Failure to comply with these prohibitions can result in significant legal consequences. Although the Regulations do not explicitly state penalties, breaches of these sanctions could potentially be prosecuted under other relevant Australian laws, leading to criminal charges, fines, or imprisonment. Additionally, the Revocation ensures that the lifting of sanctions is compatible with human rights obligations, emphasising Australia's commitment to promoting human rights and democracy in Burma.