Explanatory Statement

Issued by the Authority of the Minister for Foreign Affairs (the Minister)

Autonomous Sanctions Regulations 2011

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment (No. 1) Instrument 2026

Autonomous sanctions are measures not involving the use of armed force which the Australian Government imposes as a matter of foreign policy in response to situations of international concern. Iran’s general oppression of its population and undermining of the sovereignty and territorial integrity of other nation states is a situation of serious international concern. The Australian Government unequivocally condemns Iran’s brutal suppression of domestic protests, including through its use of violence, arbitrary arrests, and intimidation tactics; destabilising activities, including its production and proliferation of weapons to support illegal wars and terrorist activity; and its acts of violence, repression and intimidation in third countries. Respect for state sovereignty and territorial integrity is mandated by international treaties and constitutes a core part of the international system of rules and norms that Australia seeks to uphold.

The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, among other things, the proscription of persons or entities for autonomous sanctions in relation to Iran. Regulation 6 of the Regulations enables the Minister to designate a person or entity for targeted financial sanctions and/or declare a person for the purposes of a travel ban in a range of circumstances, including if the Minister is satisfied that the person or entity:

• has contributed to, or is contributing to, Iran’s nuclear or missile programs; or
• is, or has been, engaging in, responsible for or complicit in one or more of the following:
  • the general oppression of people in Iran; or
  • undermining the rule of law or good governance in Iran; and
• is assisting, or has assisted, Iran to threaten or undermine the sovereignty or territorial integrity of another country

(per paragraphs (a), (c) or (d) of the table in item 4 of regulation 6 of the Regulations).

The purpose of a designation is to subject the designated person or entity to targeted financial sanctions. There are two types of targeted financial sanctions under the Regulations:

• 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); and/or
• an asset owned or controlled by a designated person or entity is a ‘controlled asset’, subject to the prohibition in regulation 15 (which prohibits a person who holds a controlled asset 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).

The purpose of a declaration is to prevent a person from travelling to, entering or remaining in Australia.

Designated and declared persons, and designated entities, in relation to Iran are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012. 

In accordance with regulation 6 of the Regulations, the Amending Instrument designates and declares 20 persons for targeted financial sanctions and travel bans and 3 entities for targeted financial sanctions under paragraphs (a), (c) or (d) of item 4 of the table in regulation 6 of the Regulations.

The Minister exercised their discretion to make the listings being satisfied that each of the 20 persons and the 3 entities listed in the Amending Instrument:

• has contributed to, or is contributing to, Iran’s nuclear or missile programs; or
• are, or have been, engaging in, responsible for, or complicit in:
  • the general oppression of people in Iran; or
  • undermining the rule of law or good governance in Iran; or
• is assisting, or has assisted, Iran to threaten or undermine the sovereignty or territorial integrity of another country.

Details of the Amending Instrument are set out at Attachment A.

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations are a part, was the subject of extensive consultation with governmental and non-governmental stakeholders when introduced. The new sanctions being imposed through the making of the Amending Instrument were subject to targeted consultation within government and with relevant international partners.

The Amending Instrument is exempt from sunsetting under item 10B of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. This was granted on the basis that instruments made under regulation 6 of the Regulations were subject to a more stringent statutory review process than is set out in Part 4 of Chapter 3 of the Legislation Act 2003.  This review process was contained in regulation 9 of the Regulations, which has subsequently been repealed.  While the statutory review process has been repealed, it is noted the Regulations themselves are due to sunset on 1 October 2027. Review of these instruments, including sunsetting requirements, will be considered as part of the process to remake or replace the Regulations.

In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons specified in the Amending Instrument, the Minister is satisfied that wider consultations beyond those already undertaken would not be appropriate or practicable (subsections 17(1) and (2) of the Legislation Act 2003). Wider consultation would risk alerting persons to the impending sanctions and enabling capital flight before assets can be frozen.

The Office of Impact Analysis has advised that an Impact Analysis is not required for listing instruments of this nature (OBPR22-02078).

Attachment A

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment (No. 1) Instrument 2026

Section 1

The title of the instrument is the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment (No. 1) Instrument 2026 (the Amending Instrument).

Section 2

The Amending Instrument commences the day after the instrument is registered.

Subsection 2(2) is a technical provision that makes clear that any information inserted in column 3 of the table about the specific date of commencement is not part of the Amending Instrument and can be inserted or edited at a later date.

Section 3

The Amending Instrument is made under paragraphs 6(a) and 6(b) of the Autonomous Sanctions Regulations 2011 (the Regulations).

Section 4

Each instrument that is specified in a Schedule to the Amending Instrument is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amending Instrument has effect according to its terms.

Schedule 1

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012

Part 1

The persons listed in Part 1 of the Amending Instrument are designated by the Minister for targeted financial sanctions under paragraph 6(a) of the Regulations and declared by the Minister for the purposes of a travel ban under paragraph 6(b) of the Regulations.

The persons include individuals who are senior officials of the Islamic regime and senior members of the Islamic Revolutionary Guards Corps who have been involved in suppressing political dissent and protest activity; monitoring and surveillance operations; creating fear within Iranian domestic and diaspora populations, including through using violence against innocent civilians and engaging in unlawful killings; planning or carrying out extraterritorial assassinations, acts of sabotage and other attacks; and/or producing and exporting weapons, including ballistic missiles, to support illegal wars and acts of terrorism by external actors. The Minister exercised her discretion to make these listings being satisfied that each person:

• has contributed to, or is contributing to, Iran’s nuclear or missile programs; or
• is or has been, engaging in, responsible for or complicit in:
  • the general oppression of people in Iran; or
  • undermining the rule of law or good governance in Iran; or  
• is assisting, or has assisted, Iran to threaten or undermine the sovereignty or territorial integrity of another country.

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 (No. 1) Instrument 2026

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) Amendment (No. 1) Instrument 2026 (the Amending Instrument) 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.

Autonomous sanctions are measures not involving the use of armed force which the Australian Government imposes as a matter of foreign policy in response to situations of international concern. Iran’s general oppression of its population and undermining of the sovereignty and territorial integrity of other nation states is a situation of serious international concern. The Australian Government unequivocally condemns Iran’s brutal suppression of domestic protests, including through its use of violence, arbitrary arrests, and intimidation tactics; destabilising activities, including its production and proliferation of weapons to support illegal wars and terrorist activity; and its acts of violence, repression and intimidation in third countries. Iran’s actions undermines the state sovereignty and territorial integrity of nation states that is mandated by international treaties and constitutes a core part of the international system of rules and norms that Australia seeks to uphold.  

The autonomous sanctions designations and declarations made by the Amending Instrument pursue legitimate objectives and have appropriate safeguards in place to ensure that any limitation on human rights engaged by the imposition of sanctions is a reasonable, necessary and proportionate response to the situation of international concern, and do not affect particularly vulnerable groups. The Government keeps its sanctions frameworks under regular review, including in relation to whether more effective, less rights restrictive means are available to achieve similar foreign policy objectives.

The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, among other things, the proscription of persons for autonomous sanctions. The Amending Instrument designates 20 persons for targeted financial sanctions and declares those persons for the purposes of a travel ban, and designates 3 entities for targeted financial sanctions.

The Minister for Foreign Affairs (the Minister) made the designations and declarations being satisfied that each person or entity:

• has contributed to, or is contributing to, Iran’s nuclear or missile programs; or
• is or has been, engaging in, responsible for or complicit in:
  • the general oppression of people in Iran; or
  • undermining the rule of law or good governance in Iran; or 
• is assisting, or has assisted, Iran to threaten or undermine the sovereignty or territorial integrity of another country.

pursuant to (paragraphs (a), (c) and (d) of item 4 of the table in regulation 6 of the Regulations).

The human rights compatibility of the Amending Instrument is addressed by reference to each of the human rights engaged below.

Right to privacy

Right

Article 17 of the International Covenant on Civil and Political Rights (the ICCPR) prohibits unlawful or arbitrary interferences with a person’s privacy, family, home and correspondence.

The use of the term ‘arbitrary’ in the ICCPR means that any interferences with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the individual circumstances. Arbitrariness connotes elements of injustice, unpredictability, unreasonableness, capriciousness and ‘unproportionality’.[1]

Permissible limitations

The Amending Instrument is not an unlawful interference with an individual’s right to privacy. Section 10 of the Autonomous Sanctions Act 2011 (the Act) permits regulations relating to, among other things: ‘proscription of persons or entities (for specified purposes or more generally)’ (paragraph 10(1)(a) of the Act); and ‘restriction or prevention of uses of, dealings with, and making available of, assets’ (paragraph 10(1)(b) of the Act). The designations and declarations contained in the Amending Instrument were made pursuant to paragraphs 6(a) and 6(b) of the Regulations, which provide that the Minister may, by legislative instrument, designate a person for targeted financial sanctions and/or declare a person for a travel ban.

The measures contained in the Amending Instrument are not an arbitrary interference with an individual’s right to privacy. An interference with privacy will not be arbitrary where it is reasonable, necessary and proportionate in the individual circumstances.

In designating persons under the Regulations for targeted financial sanctions and/or declaring persons for a travel ban, the Minister uses predictable, publicly available criteria. These criteria are designed to capture only those persons the Minister is satisfied are involved in situations of international concern, as set out in regulation 6 of the Regulations.

Accordingly, targeted financial sanctions and travel bans imposed by the Minister through the designation and declaration of specific persons under the Regulations are reasonable, necessary and proportionate to the individual circumstances the sanctions are seeking to address. Any interference with the right to privacy created by the operation of the Amending Instrument is not arbitrary or unlawful and is consistent with Australia’s obligations under Article 17 of the ICCPR.

Right to respect for the family

Right

The right to respect for the family is protected by Articles 17 and 23 of the ICCPR. It covers, among other things, the separation of family members under migration laws, and arbitrary or unlawful interferences with the family.

Limitations on the right to respect for the family under Articles 17 and 23 of the ICCPR will not violate those articles if the measures in question are lawful and non‑arbitrary. Any interference with respect for the family will be consistent with the ICCPR where it is necessary and proportionate, in accordance with the provisions, aims and objectives of the ICCPR, and is reasonable in the individual circumstances.

Permissible limitations

As set out above, the autonomous sanctions framework is authorised by domestic law and is not unlawful.

As the listing criteria in regulation 6 of the Regulations are drafted by reference to specific foreign countries, it is highly unlikely, as a practical matter, that a person declared for a travel ban holds an Australian visa, usually resides in Australia and/or has immediate family also in Australia.

The Department of Foreign Affairs and Trade consults relevant agencies, as appropriate, in advance of a designation and declaration of a person with known connections to Australia to consider the possible impacts of the designation and declaration on any family members in Australia.

To the extent that the travel ban imposed by the Amending Instrument engages and limits the right to respect for the family in a particular case, the Regulations provide sufficient flexibility to treat each case differently. Under subregulation 19(3) of the Regulations, the Minister may waive the operation of a travel ban either: (a) on the grounds that it would be in the national interest; or (b) on humanitarian grounds. This provides a mechanism to address circumstances in which issues such as the possible separation of family members in Australia are involved. In addition, this decision may be judicially reviewed. Finally, were such a separation to take place, for the reasons outlined in relation to Article 17 of the ICCPR (discussed above), such a separation would be reasonable, necessary, proportionate and justified in achieving the objective of the Amending Instrument.

Accordingly, any interference with the right to respect for the family created by the operation of the Amending Instrument is not unlawful or arbitrary and is consistent with Australia’s obligations under Articles 17 and 23 of the ICCPR.

Right to an adequate standard of living

Right

The right to an adequate standard of living is contained in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (the ICESCR) and requires States to ensure the availability and accessibility of the resources that are essential to the realisation of the right, including adequate food, water, clothing, and housing.

Article 4 of the ICESCR provides that this right may be subject to such limitations ‘as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society’. To be consistent with the ICESCR, limitations must be proportionate.

Permissible limitations

Any limitation on the enjoyment of Article 11(1) of the ICESCR, to the extent that it occurs, is reasonable and necessary to achieve the objective of the Amending Instrument and is proportionate due to the targeted nature of the listings. The Regulations also provide sufficient flexibility to treat each case differently by allowing for any adverse impacts on family members as a consequence of targeted financial sanctions to be mitigated. The Regulations provide for the payment of basic expenses (among others) in accordance with permits granted by the Minister under regulation 18. The objective of regulation 20, which allows applications to be made to the Minister for permits to pay basic expenses is, in part, to enable the Australian Government to administer the sanctions framework in a manner compatible with relevant human rights standards.

The permit process is a flexible and effective safeguard on any limitation to the enjoyment of Article 11(1) of the ICESCR.

Right to freedom of movement

Right

Article 12 of the ICCPR protects the right to freedom of movement, which includes a right to leave Australia, as well as the right to enter, remain, or return to one’s ‘own country’.

The right to freedom of movement may be restricted under domestic law on any of the grounds in Article 12(3) of the ICCPR, namely national security, public order, public health or morals, or the rights and freedoms of others. Any limitation on the enjoyment of the right also needs to be reasonable, necessary and proportionate.

Permissible limitations

As the listing criteria in regulation 6 of the Regulations are drafted by reference to specific foreign countries, it is highly unlikely, as a practical matter, that a person declared for a travel ban would be an Australian citizen, or have spent such lengths of time in Australia, such that Australia could be considered their ‘own country’. Furthermore, travel bans – which are a power to refuse a visa and to cancel a visa – do not apply to Australian citizens.

To the extent that Article 12(4) of the ICCPR is engaged in an individual case, such that a person listed in the Amending Instrument is prevented from entering Australia and Australia is properly described as their ‘own country’, the imposition of the travel ban would be justified.

As set out above in relation to Article 17 of the ICCPR, travel bans are a reasonable, necessary and proportionate means of achieving the legitimate objectives of Australia’s autonomous sanctions framework.

Preventing a person, who for example is, or has been, engaging in, responsible for, or complicit in the general oppression of people in Iran, from travelling to, entering, or remaining in Australia through the operation of the Amending Instrument and Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012 is a reasonable means to achieve the legitimate foreign policy objective of signalling Australia’s serious concerns regarding the situation in Iran, including the ability for the people of Iran to peacefully protest, associate with others and express opinions without government interference. Australia’s practice in this respect is consistent with that of other countries such as the United States, United Kingdom, Canada and the European Union.

The Minister may also waive the operation of a declaration that was made for the purpose of preventing a person from travelling to, entering or remaining in, Australia, either: (a) on the grounds that it would be in the national interest; or (b) on humanitarian grounds. This decision is subject to natural justice requirements, and may be judicially reviewed.

Non-refoulement

Right

The obligations relating to the prohibition on torture and other cruel, inhuman or degrading treatment or punishment under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the CAT) and Article 7 of the ICCPR, as well as the right to life and prohibition on arbitrary deprivation of life in Article 6 of the ICCPR, are engaged by the travel restrictions in the Amending Instrument.

There is no permissible derogation from these implied or express non‑refoulement obligations.

Permissible limitations

To the extent that the travel bans imposed pursuant to the Amending Instrument engage Australia’s non-refoulement obligations, the Regulations allow the Minister to waive the operation of a travel ban either: (a) on the grounds that it would be in the national interest; or (b) on humanitarian grounds.

A travel ban may lead to the cancellation of a visa held by a non-citizen lawfully in Australia, which may result in the non-citizen becoming an unlawful non-citizen liable to removal under section 198 of the Migration Act 1958. Australia will continue to meet its non-refoulement obligations through considering mechanisms which are available prior to the person becoming available for removal under the Migration Act 1958, including through the protection visa application process, and through the use of the Minister for Home Affairs’ personal powers in the Migration Act 1958.

The Amending Instrument is consistent with Australia’s international non-refoulement obligations as, together with the Minister’s powers to revoke a declaration or waive its operation in an individual case, non‑refoulement obligations are considered prior to a person becoming available for removal under the Migration Act 1958.  A person must not be removed from Australia to another country if there is a real risk that the person may be subjected to arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, or degrading treatment or punishment.

Right to equality and non-discrimination

Right

The right to equality and non-discrimination under Article 26 of the ICCPR provides that everyone is entitled to enjoy their rights without discrimination of any kind, and that people are equal before the law and are entitled to the equal and non‑discriminatory protection of the law.

Differential treatment (including the differential effect of a measure that is neutral on its face) will not constitute unlawful discrimination if the differential treatment is based on reasonable and objective criteria, serves a legitimate objective, and is a proportionate means of achieving that objective.

Permissible limitations

Any differential treatment of people as a consequence of the application of the Amending Instrument does not amount to discrimination pursuant to Article 26 of the ICCPR.

The criteria set out in regulation 6 of the Regulations are reasonable and objective. They are reasonable insofar as they list only those States and activities which the Government has specifically determined give rise to situations of international concern. They are objective, as they provide a clear, consistent and objectively‑verifiable reference point by which the Minister is able to make a designation or declaration. The Regulations serve a legitimate objective, as discussed throughout this Statement.

Denying access to international travel and the international financial system to certain designated persons is a highly targeted, justified and minimally rights-restrictive means of achieving the aims of the Regulations, including in a context where other conventional mechanisms are unavailable.

While these measures may impact persons of certain nationalities and national origins more than others, there is no information to suggest that affected groups are particularly vulnerable. Rather, the persons listed in the Amending Instrument are a result of the Minister being satisfied that the persons and entities:

that each person:

• has contributed to, or is contributing to, Iran’s nuclear or missile programs; or
• is or has been, engaging in, responsible for or complicit in:
  • the general oppression of people in Iran; or
  • undermining the rule of law or good governance in Iran; or 
• is assisting, or has assisted, Iran to threaten or undermine the sovereignty or territorial integrity of another country.

Further, there are several safeguards in place, such as the availability of judicial review, and regular review processes, to ensure that any limitation on rights is proportionate to the Amending Instrument’s objective.

[1] Manfred Nowak, United Nations Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 1993) 178.