Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L00227 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 and Declared Persons – Iran) Amendment List 2015 (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 a controlled asset 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.

 

A number of persons and entities listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015(No. 1) (the Iran List) were designated or declared by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations in 2012 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 has contribued to, or is contributing to Iran’s nuclear or missile programs; or is a peron or entity that the Minister is satisfied has assisted, or is assisting, Iran to violate : Resolution 1737, 1747, 1803 or 1929 of the UNSC, or a subsequent resolution relevent to a resolution mentioned above. 

 

Regulation 9 of the Regulations provides that a designation made under regulation 6(1) (a) or (2) (a) ceases to have effect on the third anniversary of the day in which the designation took effect.  The Iran List redesignates and redeclares those persons and entities that were originally designated and originally declared in 2012.       

 

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 Australian autonomous sanctions is in response to Iran’s proliferation-sensitive nuclear and missile programs and efforts to contravene UNSC sanctions.  Although the Iran List does not implement new sanctions on additional persons or entities, it retains financial and travel restrictions that would otherwise lapse on persons and entities that have contributed to Iran’s nuclear or missile programs, or assisted in the violation of UNSC resolutions.

 

Each person and entity listed in Schedule 1 of the Iran List is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations, and each person is 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 Iran 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.  

 

The Department undertook public consultation through its website, and notified registered users of the Department’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations were to lapse and are being reviewed.  No submissions were received in response to these public consultations.

 

 

 


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 2015 (No 1)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015 (No 1) (the Iran 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.

 

The Department of Foreign Affairs and Trade (DFAT) undertook public consultation through its website, and notified registered users of DFAT’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations were to lapse and were being reviewed.  No submissions were received.

 

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 were enacted to enable the Australian government to impose sanctions independently, without reliance on United Nations resolutions, on specific countries, entities, or individuals outside Australia that pose a threat to Australia’s national interests. This was achieved by targeting financial assets and restricting travel to and within Australia. The Regulations were introduced by the Australian Parliament to address the need for a flexible and autonomous sanctions regime that could respond swiftly to emerging threats. The policy objective is to enhance Australia's capacity to protect its national security and foreign policy objectives by imposing sanctions on those contributing to or assisting in activities that contravene international norms, such as Iran's nuclear and missile programs, and United Nations Security Council resolutions. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015 (No. 1) was introduced to maintain the existing sanctions against individuals and entities contributing to or assisting in Iran's nuclear or missile programs and those violating relevant UNSC resolutions. This amendment list ensures that financial and travel restrictions continue to apply to these entities and individuals, preventing them from accessing Australian financial systems and entering Australian territory. The list was updated to reflect the ongoing nature of these threats and the need for continuous vigilance. The Minister for Foreign Affairs is responsible for designating and declaring individuals and entities under the Regulations, ensuring that these measures are both effective and aligned with Australia's international obligations.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015 (No. 1), apply to individuals and entities designated by the Minister for Foreign Affairs on the basis of their involvement in Iran's nuclear or missile programs or their assistance in violating relevant United Nations Security Council resolutions. The scope of these regulations encompasses the imposition of targeted financial sanctions and travel restrictions on these designated individuals and entities. The Regulations are applicable nationwide, affecting any Australian person or entity, as well as any person or entity within Australia’s jurisdiction. The regulations permit the designation and declaration of persons and entities for a period of three years, after which they lapse unless renewed. The Minister has the authority to revoke or amend designations and declarations, and these decisions can be challenged judicially. The Regulations ensure that basic expenses can be met from frozen assets, and they provide mechanisms for waivers of travel restrictions on humanitarian or national interest grounds. The applicability of the Regulations can be extended or modified through further legislative instruments issued by the Minister for Foreign Affairs.

Key Provisions

The Autonomous Sanctions Regulations 2011, particularly through the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2015 (No 1), primarily target entities and individuals contributing to Iran's nuclear or missile programs or violating specific United Nations Security Council (UNSC) resolutions. Section 6(1)(a) of the Regulations empowers the Minister for Foreign Affairs to designate individuals or entities, subjecting them to financial sanctions, which include the prohibition of making any assets available to them (section 14) and the freezing of their controlled assets (section 15). Additionally, Section 6(1)(b) allows the Minister to declare individuals, preventing them from travelling to, entering, or remaining in Australia. These measures are in effect for three years from the date of designation or declaration, unless sooner revoked by the Minister (section 10). The Regulations impose several obligations on the parties and entities they govern. Persons and entities designated under section 6(1)(a) must comply with financial sanctions, which include freezing their assets and prohibiting any transactions that could provide them with financial resources. Declared individuals under section 6(1)(b) are barred from entering Australia. These sanctions are intended to exert pressure on those contributing to Iran's nuclear and missile programs or violating UNSC resolutions. The Regulations also provide mechanisms for designated or declared individuals to apply for the revocation of their status (section 11), subject to judicial review. Failure to comply with the prohibitions set out in the Regulations can result in significant legal consequences. While specific penalties are not detailed in the provided text, breaches of sections 14 and 15 could lead to civil or criminal sanctions, reflecting the seriousness of violating international sanctions. The exact penalties may vary depending on the nature and severity of the breach but can include substantial fines and imprisonment. Furthermore, the Minister has the authority to waive the operation of a declaration under section 6(1)(b) for national or humanitarian reasons, as permitted by section 19. In summary, the Regulations impose stringent financial and travel restrictions on designated individuals and entities, with provisions for revocation and review, and potential significant penalties for non-compliance. These measures are designed to enforce international sanctions and uphold Australia's foreign policy objectives.

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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.