Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Iran) Amendment List 2016 (No. 2)

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L00117 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 2016 (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 and entities designated by the Minister for the purpose of Australia’s autonomous sanctions in relation to Iran are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012 (the List), as subsequently amended.  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.

 

On the basis of a review of remaining designated persons and entities and declared persons, the Minister for Foreign Affairs has decided to revoke the designations and declarations in relation to certain individuals and designations in relation to certain entities on the List.  The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 2) amends the List to give effect to this revocation.

 

Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument, but no public consultation was undertaken in relation to this instrument as it revokes the listings of certain persons and entities, but does not add to, the list of designated and declared persons and designated entities.  

 

 

Statement of Compatibility 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 2016 (No. 2)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (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 as it gives effect to the Minister for Foreign Affairs decision to revoke the designations and declarations of certain persons and the designations of certain entities under the Autonomus Sanctions Regulations 2011.  

 

Persons that remain designated and declared or an 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 by the Australian government, were introduced to facilitate Australia's diplomatic relations with specific countries, entities, or individuals outside Australia by imposing autonomous sanctions. This legislative instrument empowers the Minister for Foreign Affairs to designate or declare persons and entities based on criteria outlined in the Regulations, thereby subjecting them to financial sanctions and travel restrictions. The primary objective of these sanctions is to influence foreign policy through targeted measures without reliance on international agreements. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 2) further refines these sanctions by revoking certain listings, reflecting changes in policy or international relations. The enacting body, the Australian Parliament, ensures these measures align with national interests and international obligations, balancing sanctions' impact with respect for human rights and legal standards.

Scope and Application

The Autonomous Sanctions Regulations 2011 apply to the Minister for Foreign Affairs who has the authority to designate or declare persons and entities for the purpose of imposing targeted financial sanctions or preventing travel to, entry into, or residence in Australia. This Act applies to entities or individuals outside Australia that are mentioned in an item of the table in regulation 6 of the Regulations, and their assets. The Regulations have a national reach within the Commonwealth of Australia, but their application is directed towards foreign persons, entities, and assets. The Regulations do not apply to Australian citizens or residents unless they are specifically designated or declared. The Act can extend its application through subordinate instruments such as the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 2), which lists the specific persons and entities affected by the sanctions. There are certain exemptions from the prohibitions under the Regulations, such as the ability of a designated person or entity to draw on their frozen assets to meet basic expenses or satisfy pre-existing obligations. The Act also allows for judicial review of decisions made under the Regulations. The Autonomous Sanctions Regulations 2011, as amended, allow for the revocation of designations and declarations by the Minister for Foreign Affairs, which is reflected in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 2). The Regulations are compatible with human rights and freedoms as recognised or declared in international instruments, as stated in the Statement of Compatibility with Human Rights. The Regulations also provide a mechanism for designated or declared persons or entities to apply to the Minister for the revocation of those decisions, which are subject to judicial review. The Regulations do not affect the title to any asset owned or controlled by a designated person or entity, and allow for the waiver of a declaration under regulation 6 on the grounds of national interest or humanitarian considerations.

Key Provisions

The Autonomous Sanctions Regulations 2011 provide a framework for Australia to impose sanctions independently of international mandates. Under section 6(1)(a), the Minister for Foreign Affairs can designate individuals or entities, thereby subjecting them to financial sanctions. This means that any assets they own or control become "controlled assets" under section 14, which prohibits making these assets available without a permit. Similarly, under section 6(1)(b), the Minister can declare individuals to prevent them from entering or remaining in Australia. These measures are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012, which has been amended to reflect the Minister's decisions to revoke certain designations and declarations. The Regulations impose specific obligations on the parties affected by these sanctions. Designated individuals or entities must freeze their assets as per section 15, meaning they cannot use or deal with these assets without authorisation. However, they are allowed to access these assets to meet essential expenses such as food, rent, medical treatment, and taxes, as outlined in sections 18 and 20. Individuals who are declared and thus barred from entering or remaining in Australia may seek a waiver from the Minister under section 19, which can be granted on national interest or humanitarian grounds. Failure to comply with the sanctions can result in significant legal consequences. While the Regulations themselves do not specify maximum penalties, breaches of related Australian laws, such as the Charter of the United Nations Act 1945, could lead to criminal charges. For example, knowingly dealing with controlled assets without a permit could result in fines and imprisonment. Additionally, individuals and entities have the right to apply for the revocation of their designation or declaration under section 11, and such decisions are subject to judicial review.

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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.