Autonomous Sanctions (Designated and Declared Persons - Former Federal Republic of Yugoslavia) Amendment List 2014

Administered by Department of Foreign Affairs and Trade

Legislation au F2014L00694 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

 

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) List 2012 (the FFRY List)

 

The corresponding authority for the Minister to revoke designations and declarations made under regulation 6 is found in paragraph 10 (1) (a) (for designations) and paragraph 10 (1) (b) (for declarations) of the Reguations.  Sub-regulation 10 (2) provides that the Minister may revoke a designation or declaration on the Minister’s initiative.

 

In March 2014 the Department of Foreign Affairs and Trade (DFAT) completed an extensive evidence based process to update the FFRY 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 List, the Minister has decided to revoke designations and declarations against 82 individuals on the basis that these persons no longer 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 (the FFRY Amendment List), 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 List 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, 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

 

The Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 (the FFRY Amendment List) 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.

 

The FFRY Amendment List amends the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) List 2012 to give effect to the decision of the Minister of Foreign Affairs to revoke designations and declarations against 82 individuals on the FFRY List on the basis that these persons no longer satisfy the criterion 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.

 

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 facilitate the conduct of Australia's relations with certain countries and specific entities or persons outside Australia through the imposition of autonomous sanctions. This Act addresses the gap in Australia's legal framework for imposing sanctions independently of other nations or international bodies. The Act was passed by the Parliament of Australia with the aim of enabling Australia to respond to serious violations of international law and human rights by targeting specific individuals and entities. The Autonomous Sanctions Regulations 2011, which commenced on 15 December 2011, provide the legislative instrument for the Minister for Foreign Affairs to designate and declare persons and entities subject to targeted financial sanctions and travel restrictions. The Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 updates the list of designated and declared persons, reflecting the changing circumstances in the former Federal Republic of Yugoslavia. This amendment list revokes the designations and declarations against 82 individuals who no longer meet the specified criteria, ensuring that Australia's sanctions remain relevant and effective.

Scope and Application

The Autonomous Sanctions Regulations 2011, along with the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014, provide the legislative framework for Australia's imposition of autonomous sanctions, targeting specific entities or individuals from the former Federal Republic of Yugoslavia. The Act applies to individuals or entities that are designated or declared by the Minister for Foreign Affairs on the basis of being indicted by the International Criminal Tribunal for the former Yugoslavia or a domestic court in Bosnia-Herzegovina, Croatia or Serbia, subject to an Interpol arrest warrant, a supporter of the former regime of Slobodan Milosevic, or suspected of assisting an indicted individual not currently detained by the ICTY. These sanctions encompass both financial prohibitions and travel restrictions. The Regulations apply nationally, with the Minister holding the authority to designate and declare individuals or entities under specific conditions, and to revoke such decisions. While the Act primarily targets designated persons and entities, it also allows for exceptions and waivers under certain circumstances, such as for humanitarian reasons or when it is deemed in the national interest. The scope of the Act is further extended through subordinate instruments, which allow for the detailed implementation and enforcement of the sanctions.

Key Provisions

The primary operative sections of the Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014, empower the Minister for Foreign Affairs to designate or declare individuals and entities based on certain criteria. Specifically, under paragraph 6(1)(a) of the Regulations, the Minister can designate a person or entity mentioned in the specified table if they meet criteria such as being indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) or being a supporter of the former regime of Slobodan Milosevic. Similarly, under paragraph 6(1)(b), the Minister can declare a person to prevent them from travelling to, entering, or remaining in Australia if they meet these criteria. These designations and declarations lead to the imposition of sanctions, including financial sanctions and travel bans, as outlined in regulation 14 (prohibition on making assets available) and regulation 15 (freezing of assets). These regulations effectively target the assets owned or controlled by the designated entities, preventing any use or dealing with these assets unless authorised by a permit. The Act imposes several obligations on the parties or entities it governs. The Minister for Foreign Affairs is required to make decisions on designations and declarations based on the criteria outlined in the Regulations, particularly under regulation 6. Designated and declared persons or entities must comply with the financial sanctions and travel bans imposed on them. These sanctions include the prohibition of making assets available to the designated entities (regulation 14) and the freezing of any assets they own or control (regulation 15). Additionally, the Regulations provide for the revocation of designations and declarations under regulation 10 and allow for applications for revocation by the affected parties under regulation 11. Decisions made under regulations 6 and 11 are subject to judicial review. Breaches of the Regulations can lead to significant penalties and consequences. For instance, directly or indirectly making an asset available to, or for the benefit of, a designated person or entity without authorisation (regulation 14) can result in criminal penalties, including fines and imprisonment. The maximum penalty for contravening regulation 14 is generally 5,000 penalty units or imprisonment for five years, or both, as per the Crimes Act 1914. Similarly, contravening the asset freezing provisions in regulation 15 can also attract criminal penalties, with the potential for severe fines and imprisonment. Civil penalties may also apply, particularly for breaches related to the misuse of frozen assets. These stringent measures underscore the importance of compliance with the sanctions regime established by the Regulations.

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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.