Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Democratic People's Republic of Korea) Amendment List 2013

Administered by Department of Foreign Affairs and Trade

Legislation au F2013L02049 Not in force Legislative Instrument

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Explanatory Statement

 

 

Issued by the Authority of the Minister for Foreign Affairs

 

Autonomous Sanctions Regulations 2011

 

Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013

 

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.

 

Each person listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) List 2012 (the DPRK List) is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations on the basis that he or she is mentioned in Item 2 of the table in regulation 6; that is, a person or entity that the Minister is satisfied is associated with the DPRK’s weapons of mass-destruction program or missiles program.

 

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 Regulations. Sub-regulation 10 (2) provides that the Minister may revoke a designation or declaration on the Minister’s initiative.

 

 

The imposition of further Australian autonomous sanctions is designed to increase pressure on the DPRK to comply with its nuclear non-proliferation obligations and with United Nations Security Council resolutions and to engage in serious negotiations on its nuclear and missile programs. The new sanctions include financial and travel restrictions on additional persons and entities associated with the DPRK’s weapons of mass destruction proliferation activities.

 

Each person and entity listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013 (the Amendment List) is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations, and ten persons are 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.

 

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

 

The Department of Foreign Affairs and Trade (the Department) 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 and entities specified in the Amendment 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 – Democratic People’s Republic of Korea) Amendment List 2013

 

The Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013 (the 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.

 

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 Regulations 2011, enacted in 2011, were established to allow Australia to impose autonomous sanctions on specific countries and entities outside Australia, particularly targeting those associated with the Democratic People’s Republic of Korea’s (DPRK) weapons of mass destruction and missile programs. This legislation was enacted by the Australian Parliament to facilitate Australia's diplomatic and foreign policy objectives, specifically to increase pressure on the DPRK to comply with its nuclear non-proliferation obligations and engage in serious negotiations regarding its nuclear and missile programs. The policy objective is to prevent unauthorised financial transactions and travel to Australia by designated individuals and entities, thereby enforcing economic and diplomatic pressure. The Regulations empower the Minister for Foreign Affairs to designate or declare individuals and entities subject to sanctions, which include financial restrictions and travel bans, and to revoke these decisions based on the evolving international and domestic context. The Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013 further refines the scope of these sanctions by adding new individuals and entities associated with the DPRK’s prohibited activities. This amendment list, authorised under the Regulations, ensures that Australia's sanctions remain effective and aligned with international efforts to curb the DPRK’s nuclear and missile development. The legal framework has been subject to extensive consultations with relevant stakeholders, including governmental bodies and the private sector, to ensure its practical implementation and effectiveness. The Regulations also provide for judicial review and mechanisms for designated individuals and entities to apply for the revocation of sanctions, balancing enforcement with due process.

Scope and Application

The Autonomous Sanctions Regulations 2011, along with the Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013, apply to individuals and entities associated with the Democratic People's Republic of Korea's (DPRK) weapons of mass destruction and missile programs. These Regulations empower the Minister for Foreign Affairs to designate specific persons or entities, thereby subjecting them to financial sanctions and travel restrictions. The Regulations are applicable nationally within Australia, targeting those who may engage in financial transactions or travel with the designated persons or entities. Any person or entity listed in the Amendment List is subject to the prohibition of making assets available or benefiting from them, unless authorised by a permit, and must freeze their assets as specified. The Regulations also permit the Minister to revoke designations and declarations and allow for judicial review of decisions. The scope of these sanctions is designed to align with Australia's international obligations and to exert pressure on the DPRK to adhere to nuclear non-proliferation commitments and UN Security Council resolutions.

Key Provisions

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2013, set out the framework for the imposition of autonomous sanctions by Australia on entities and individuals associated with the Democratic People's Republic of Korea’s weapons of mass destruction and missile programs. Section 6(1)(a) of the Regulations allows the Minister for Foreign Affairs to designate a person or entity, subjecting them to financial sanctions that prohibit making assets available to them or for their benefit (section 14), and freezing their controlled assets (section 15). Section 6(1)(b) similarly empowers the Minister to declare a person, preventing them from travelling to, entering, or remaining in Australia. The Minister can revoke these designations and declarations under section 10(1), with section 10(2) allowing the Minister to act on their own initiative. These Regulations impose specific obligations on individuals and entities. Designated individuals and entities are subject to financial restrictions, including the prohibition of asset transactions (section 14) and the freezing of their assets (section 15). Those declared by the Minister under section 6(1)(b) cannot travel to, enter, or remain in Australia. The Regulations also permit the Minister to make exceptions to these restrictions, for instance by granting permits under section 18 for specific asset transactions or under section 19 for travel to Australia on humanitarian or national interest grounds. Violations of the Regulations carry significant consequences. Engaging in prohibited transactions with designated persons or entities, or facilitating such transactions, can result in substantial fines and imprisonment. Specifically, section 27 of the Regulations imposes a maximum penalty of 5,000 penalty units (currently AUD 530,000) or imprisonment for five years, or both, for breaches of the financial prohibitions. Additionally, facilitating such transactions can lead to a maximum penalty of 2,500 penalty units (currently AUD 265,000) or imprisonment for two years, or both. For declarations preventing travel, the Regulations do not specify monetary penalties but highlight the criminal nature of contravening travel bans.

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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.