Autonomous Sanctions (Designated and Declared Persons - Former Federal Republic of Yugoslavia) Amendment List 2014 (No. 2)

Administered by Department of Foreign Affairs and Trade

Legislation au F2014L00970 Not in force Legislative Instrument

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Explanatory Statement

 

 

Issued by the Authority of the Minister for Foreign Affairs

 

Autonomous Sanctions Act 2011

 

Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (No.2)

 

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 Foreign Affairs (the Minister), 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.

 

The persons designated and declared by the Minister for the purpose of Australia’s autonomous sanctions in relation to the former Federal Republic of Yugoslavia are listed in the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (the FFRY Amendment List)

 

In June 2014 the Department of Foreign Affairs and Trade (DFAT) completed an extensive evidence based process to update the FFRY Amendment List.  This process involved DFAT overseas missions and other Commonwealth Government departments in a review of persons subject to the International Criminal Tribunal for the former Yugoslavia (ICTY) proceedings, Interpol, EU and US Sanctions lists.

 

Following the completion of the review of the FFRY Amendment List, the Minister has decided to maintain designations and declarations against 142 individuals on the basis that these persons continue to satisfy the criterion in sub-regulation 6 (1) of the Regulations.

Each person listed in Schedule 1 of the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (No. 2) (the FFRY Amendment List 2014 (No. 2), remains 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, she or it is mentioned in Item 2 of the table in regulation 6: that is:

(a)                a person who has been indicted for an offence by the ICTY (whether or not the person has been convicted of the offence);

(b)               a person who has been indicted for an offence within the jurisdiction of the ICTY by a domestic court in Bosnia-Herzegovina, Croatia or Serbia (whether or not the person has been convicted of the offence);

(c)                a person who is subject to an Interpol arrest warrant related to an offence within the jurisdiction of the ICTY;

(d)               a person who the Minister is satisfied is a supporter of the former regime of Slobodan Milosevic;

(e)                a person who is suspected of assisting a person who is:

(i) indicted by the ICTY; and

 (ii) not currently detained by the ICTY.

that is applied for such designation and declaration.

 

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations and the FFRY Amendment List 2014 (No. 2) are part, has been subject to extensive consultation with governmental and non-governmental stakeholders since May 2010.

 

DFAT conducts ongoing public consultations, including with the Australian financial services sector and broader business community, in relation to these types of measures.  Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument.

 

In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons specified in the FFRY Amendment List 2014 (No. 2), DFAT 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 and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (No. 2)

 

The Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (No. 2) (the FFRY Amendment List 2014 (No. 2) is compatible 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.

 

Each person listed in Schedule 1 of the FFRY Amendment List 2014 (No. 2) remains 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, she or it is mentioned in Item 2 of the table in regulation 6: that is:

(f)                a person who has been indicted for an offence by the ICTY (whether or not the person has been convicted of the offence);

(g)               a person who has been indicted for an offence within the jurisdiction of the ICTY by a domestic court in Bosnia-Herzegovina, Croatia or Serbia (whether or not the person has been convicted of the offence);

(h)               a person who is subject to an Interpol arrest warrant related to an offence within the jurisdiction of the ICTY;

(i)                 a person who the Minister is satisfied is a supporter of the former regime of Slobodan Milosevic;

(j)                 a person who is suspected of assisting a person who is:

(i) indicted by the ICTY; and

 (ii) not currently detained by the ICTY.

that is applied for such designation and declaration.

 

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.

Overview

The Autonomous Sanctions Act 2011 was enacted to enable Australia to independently impose sanctions against certain countries, entities, or individuals outside Australia, addressing the need for a legislative framework that allows for targeted measures in response to international conflicts and human rights violations. The Act empowers the Minister for Foreign Affairs to designate or declare individuals or entities for the purpose of imposing sanctions, such as financial restrictions and travel bans, thereby facilitating Australia's foreign policy objectives in alignment with international efforts. This legislative instrument is designed to complement broader international sanctions regimes, ensuring that Australia can contribute effectively to global peace and stability. The policy objective of the Act is to prohibit unauthorised financial transactions and travel to, entry into, or remaining in Australia by designated or declared persons, thereby supporting international justice and human rights initiatives.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (No.2), apply to individuals and entities associated with the former Federal Republic of Yugoslavia who are designated or declared by the Minister for Foreign Affairs. These regulations facilitate Australia's relations with certain countries and specific entities or persons outside Australia through the imposition of autonomous sanctions. This includes targeted financial sanctions on designated individuals or entities, prohibiting the making of assets available to them and requiring the freezing of their assets, except as authorised by a permit. Additionally, the regulations allow the Minister to declare individuals to prevent them from travelling to, entering, or remaining in Australia. The scope of these regulations is national, applying across Australia and affecting any Australian citizen, entity, or person engaged in transactions involving designated individuals or entities. The FFRY Amendment List 2014 (No. 2) maintains designations and declarations against 142 individuals based on criteria such as indictment by the International Criminal Tribunal for the former Yugoslavia or being a supporter of the former regime of Slobodan Milosevic. The regulations also provide mechanisms for the revocation of designations and declarations and include provisions for judicial review and limited exceptions to the sanctions, such as allowing for the meeting of basic expenses and honouring pre-existing obligations.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 (the Regulations) include paragraphs 6(1)(a) and 6(1)(b), which authorise the Minister for Foreign Affairs to designate or declare individuals or entities, respectively, based on specific criteria. For instance, paragraph 6(1)(a) allows the Minister to designate individuals or entities that have been indicted for an offence by the International Criminal Tribunal for the former Yugoslavia (ICTY) or by a domestic court in Bosnia-Herzegovina, Croatia, or Serbia. Paragraph 6(1)(b) allows the Minister to declare individuals to prevent them from travelling to, entering, or remaining in Australia. Regulation 14 prohibits making an asset available to a designated person or entity, while regulation 15 requires the freezing of any asset owned or controlled by a designated person or entity. Regulation 18 permits the Minister to grant permits that authorise otherwise prohibited activities. The Act imposes several obligations on the parties and entities it governs. Designated individuals or entities must ensure that their assets are not used in a way that would contravene the prohibitions under the Regulations. This includes refraining from using or dealing with their assets or allowing others to do so unless authorised by a permit. The Act also requires the Minister to maintain a list of designated and declared individuals and entities, which is updated periodically based on evidence-based reviews. Additionally, the Minister must consider applications for the revocation of designations and declarations and may grant permits to allow otherwise prohibited activities under specific circumstances. Breaches of the Regulations can lead to significant legal consequences. The primary offence under regulation 14 is the unauthorised making available of an asset to a designated person or entity, which carries a maximum penalty of 10,000 penalty units or imprisonment for five years, or both. Similarly, contravening the asset-freezing requirement under regulation 15 can also result in penalties of up to 10,000 penalty units or imprisonment for five years, or both. The Minister can also face legal consequences if they fail to comply with the judicial review provisions under regulation 11, which allows designated or declared individuals to challenge the decisions in court. The Act also includes provisions for civil remedies and enforcement, ensuring that violations are addressed appropriately.

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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.