Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3)

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L01100 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. 3)

 

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.

 

The following persons and entities listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3) (the Iran List) were designated or declared by the Minister for the purposes of paragraph 6 (1) of the Regulations in 2013 on the basis that they are mentioned in an item 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 United Nations Security Council, or a subsequent resolution relevent to a resolution mentioned above:

 

Amir Hossein Rahimyar

Iran Pooya

Aria Nikan Marine Industry

Faratech

Tarh O Palayesh

Towlid Abzar Boreshi Iran

Sazeh Morakab

Navid Composite Material Company

Pars Amayesh Sanaat Kish (PASK)

Tehran Gostaresh Co. PJS

 

Regulation 9 of the Regulations provides that a designation or a declaration made under regulation 6(1) ceases to have effect on the third anniversary of the day in which the designation took effect.  The Iran List redesignates and redeclares the abovementioned persons and entities that were originally designated and originally declared in July 2013.       

 

Although the Iran List does not implement new sanctions on additional persons or entities or remove existing designations or declarations, 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 4 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 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 2016 (No. 3)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3) (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 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, enacted in 2011, aim to facilitate Australia's international relations by imposing targeted sanctions on specific countries, entities, or individuals. The Regulations allow the Minister for Foreign Affairs to designate or declare persons and entities subject to financial sanctions and travel restrictions, based on their involvement in activities such as contributing to Iran's nuclear or missile programs or violating United Nations Security Council resolutions. The enactment of this legislation was overseen by the Australian Parliament, with a policy objective to ensure that Australia's foreign policy can be effectively implemented through targeted sanctions. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3) updates the sanctions list, redesignating and re-declaring entities and individuals originally listed in 2013 to prevent the lapse of sanctions that would otherwise occur. This amendment ensures the continued enforcement of financial and travel restrictions on those contributing to Iran's nuclear activities or violating relevant UNSC resolutions.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3), apply to persons and entities involved in activities that contribute to Iran's nuclear or missile programs or assist in the violation of United Nations Security Council resolutions. The Regulations enable the Minister for Foreign Affairs to designate and declare individuals and entities, subjecting them to financial sanctions and travel restrictions. This legislative instrument targets specific persons and entities listed in the Iran List, prohibiting the making available of assets to or for the benefit of designated entities and individuals, as well as restricting their travel to Australia. The designations and declarations made under the Regulations cease to have effect three years from the date of their imposition unless renewed. The Regulations allow for judicial review of decisions and provide exemptions for basic expenses and pre-existing obligations. The application of these sanctions is national in scope, and the Minister retains the authority to waive travel restrictions on humanitarian or national interest grounds.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment List 2016 (No. 3) provide a framework for the imposition of autonomous sanctions by Australia, particularly in relation to Iran's nuclear or missile programs and violations of certain United Nations Security Council resolutions. Section 6(1)(a) authorises the Minister for Foreign Affairs to designate persons or entities subject to financial sanctions, while Section 6(1)(b) allows for the declaration of persons to prevent them from travelling to, entering, or remaining in Australia. These provisions are designed to restrict the movement of assets and individuals who are contributing to or assisting in activities that contravene international resolutions. The Regulations impose several obligations on parties and entities they govern. For instance, a person or entity that is designated under Section 6(1)(a) must comply with the prohibition on making assets available to them (Section 14). Additionally, a person holding a controlled asset must freeze that asset in accordance with Section 15. Furthermore, designated individuals, as per Section 6(1)(b), are prohibited from entering or remaining in Australia unless granted a waiver by the Minister under Section 19. These obligations are critical in enforcing the sanctions regime and ensuring compliance with international resolutions. Failure to comply with the provisions of the Regulations can lead to various consequences. For instance, directly or indirectly making an asset available to a designated person or entity, as prohibited by Section 14, can result in civil or criminal penalties. The exact nature and severity of these penalties are not specified in the document, but they could include fines or imprisonment. Additionally, the failure to freeze controlled assets as required by Section 15 can also result in civil or criminal penalties. Similarly, a designated person attempting to enter or remain in Australia without a waiver could face legal consequences, although specific penalties are not detailed in the provided text. In summary, the Autonomous Sanctions Regulations 2011 and the Iran List provide a robust framework for imposing and enforcing sanctions against individuals and entities contributing to or assisting in activities that violate international resolutions. These regulations mandate strict compliance with financial and travel restrictions and impose significant penalties for non-compliance, thereby reinforcing Australia's commitment to international sanctions regimes.

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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.