Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Iran) Amendment List 2013 (No. 1)

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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 and Declared Persons – Iran) Amendment List 2013 (No 1)

 

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 and Declared Persons – Iran) List 2012 (the 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 5 of the table in regulation 6; that is,

 

(a)                A person or entity that the Minister is satisfied has contributed to, or is contributing to, Iran’s nuclear or missile programs

(b)               A person or entity that the Minister is satisfied has assisted, or is assisting, Iran to violate:

(i)                 Resolution 1737, 1747, 1803 or 1929 of the United Nations Security Council; or

(ii)               a subsequent resolution relevant to a resolution mentioned in subparagraph (i)

 

 

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 delcaration on the Minister’s initiative.

 

On 10 January 2013 the Minister announced the imposition of further Australian autonomous sanctions designed to increase pressure on Iran to comply with its nuclear non-proliferation obligations and with United Nations Security Council resolutions and to engage in serious negotiations on its nuclear program. The new sanctions include financial and travel restrictions on additional individuals and entities active in Iran’s oil and gas and financial sectors or related to Iran’s weapons of mass destruction proliferation activities.

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2013 (No. 1) (the Amendment List) gives effect to the announcement of the Minister on 10 January 2013. Each person and entity listed in Schedule 1 of the Amendment 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, she or it is mentioned in Item 5 of the table in regulation 6.

 

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 Amendment List, the Department of Foreign Affairs and Trade (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 and Declared Persons – Iran) Amendment List 2013 (No 1)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2013 (No 1) (the Amendment List) gives effect to the announcement of the Minister for Foreign Affairs on 10 January 2013 to impose further Australian autonomous sanctions designed to increase pressure on Iran to comply with its nuclear non-proliferation obligations and with United Nations Security Council resolutions and to engage in serious negotiations on its nuclear program. The new sanctions include financial and travel restrictions on additional individuals and entities active in Iran’s oil and gas and financial sectors or related to Iran’s weapons of mass destruction proliferation activities.

 

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 to facilitate Australia's relations with specific countries and entities by imposing targeted autonomous sanctions, was introduced to address the need for Australia to independently enforce its foreign policy objectives in relation to countries like Iran, particularly concerning nuclear non-proliferation and compliance with United Nations Security Council resolutions. This legislation was enacted by the Parliament of Australia, with the policy objective of increasing pressure on Iran to comply with international obligations and engage in serious negotiations regarding its nuclear program. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2013 (No 1) further extends these sanctions by targeting additional individuals and entities involved in Iran's oil and gas sectors, and those linked to its weapons of mass destruction proliferation activities. This amendment aligns with the overarching goal of ensuring that Australia's sanctions measures are effective in achieving their intended foreign policy outcomes.

Scope and Application

The Autonomous Sanctions Regulations 2011 apply to persons and entities that are designated or declared by the Minister for Foreign Affairs on the basis that they have contributed to, or are contributing to, Iran's nuclear or missile programs, or have assisted, or are assisting, Iran to violate specific United Nations Security Council resolutions. The Regulations impose targeted financial sanctions on designated persons and entities, prohibiting the making available of assets to, or for the benefit of, a designated person or entity, and require the freezing of assets owned or controlled by a designated person or entity. The Regulations also allow for the declaration of persons to prevent them from travelling to, entering, or remaining in Australia. The scope of the Regulations extends to individuals and entities involved in Iran's oil and gas and financial sectors, or those related to Iran's weapons of mass destruction proliferation activities. These sanctions are implemented through amendments to the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List. Exemptions and exceptions are available for basic expenses and pre-existing obligations, and the Minister has the authority to waive travel restrictions on humanitarian or national interest grounds. The Regulations have a national reach within Australia and are subject to judicial review.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 include section 6, which allows the Minister for Foreign Affairs to designate individuals or entities based on specific criteria, such as their involvement in Iran's nuclear or missile programs or their violation of relevant United Nations Security Council resolutions. Section 6(1)(a) and section 6(1)(b) permit the Minister to impose financial sanctions and travel restrictions, respectively. Section 14 prohibits making assets available to designated persons or entities, and section 15 requires the freezing of any assets owned or controlled by them. These sections, along with the listed criteria in regulation 6, form the basis for the designation and declaration processes. The obligations imposed by the Act on the parties or entities it governs include strict compliance with the financial and travel restrictions. For designated individuals or entities, this means refraining from any financial transactions that involve their controlled assets, unless authorised by a permit under regulation 18. They must also adhere to the travel restrictions imposed by declarations, barring them from entering or remaining in Australia unless a permit is granted under regulation 19. Failure to comply with these obligations can lead to severe consequences, as outlined in subsequent sections. The Regulations impose both civil and criminal consequences for breaches. Under section 16, any person who contravenes a provision of the Regulations is liable to a civil penalty not exceeding 5,000 penalty units. Additionally, under section 21, a person who contravenes section 14 or section 15 is liable to a criminal penalty of up to 10,000 penalty units or imprisonment for up to five years, or both. These penalties underscore the seriousness of non-compliance with the financial sanctions and asset freezing requirements. Overall, the Regulations establish a comprehensive framework for imposing and enforcing autonomous sanctions on designated individuals and entities linked to Iran's nuclear and missile activities, with clear directives and significant penalties to ensure adherence.

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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.