Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) Amendment List 2013

Administered by Department of Foreign Affairs and Trade

Legislation au F2013L02044 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 – Libya) Amendment List 2013

 

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 persons or entities outside Australia, through the imposition of autonomous sanctions in relation to those countries, or targeting those persons or entities.

 

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 and entities designated, and persons declared, by the Minister for the purpose of Australia’s autonomous sanctions in relation to Libya are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) List 2012 (the List).

 

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 Minister has decided to revoke the listing of the Libyan Housing Infrastructure Board as a designated entity on the basis that it no longer has any connection to the former Qadhafi regime in Libya. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) Amendment List 2013 (the Amendment List) gives effect to the decision of the Minister.

 

Each person and entity listed in Schedule 1 of the Amendment List remains 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 6 of the table in regulation 6 - that is: (a) a person that the Minister is satisfied is a close associate of the former Qadhafi regime, has assisted, or is assisting, in the violation of United Nations Security Council resolutions in relation to Libya, or is an immediate family member of such a person; or (b) an entity that the Minister is satisfied is under the control of one or more members of the Qadhafi family, or has assisted, or is assisting, in the violation of United Nations Security Council resolutions in relation to Libya.

 

Australia’s embassies in Brussels and Rome were consulted prior to the drafting of this legislative instrument. In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons and entities specified in the Amendment List, the Department of Foreign Affairs and Trade (the Department) is satisfied that wider consultations would be inappropriate (sub-sections 18 (1) and (2) (e) of the Legislative Instruments Act 2003).

 

The legal framework for the imposition of autonomous sanctions by Australia, of which the List and the Amendment List are part, has been the subject of extensive consultation with governmental and non-governmental stakeholders since May 2010. The Department conducts briefings for State and Territory government agencies and the private sector on the implementation and administration of autonomous sanctions, as well as industry-specific sessions for the financial services sector and the tertiary education sector.

 

 

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 – Libya) Amendment List 2013

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) Amendment List 2013 (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 were enacted to facilitate Australia’s international relations by imposing autonomous sanctions on specific countries, persons, or entities outside Australia. This legislation allows the Minister for Foreign Affairs to designate or declare individuals and entities, thereby subjecting them to financial sanctions and travel restrictions. The policy objective is to enforce United Nations Security Council resolutions by targeting those associated with the former Qadhafi regime in Libya, particularly those who have violated related resolutions. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) Amendment List 2013 was introduced to revoke the listing of the Libyan Housing Infrastructure Board, reflecting its disconnection from the Qadhafi regime. The Minister for Foreign Affairs decided to revoke the listing based on this change in circumstances, and the Amendment List provides the legislative framework for this decision. The regulations ensure that human rights are respected, allowing designated persons and entities to meet basic expenses and satisfy pre-existing obligations.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) Amendment List 2013, establish a framework for the imposition of autonomous sanctions by Australia against specific persons and entities associated with Libya, in accordance with international obligations under United Nations Security Council resolutions. The Regulations apply to individuals and entities deemed to be close associates of the former Qadhafi regime or those under the control of the Qadhafi family, and who are involved in violations of these resolutions. The Minister for Foreign Affairs has the authority to designate and declare such individuals and entities, imposing financial sanctions and travel restrictions against them. These measures include prohibiting the making available of assets to designated entities and freezing assets already owned or controlled by them, with exceptions for certain basic expenses and pre-existing obligations. The Regulations have a national scope, impacting all persons and entities within Australia’s jurisdiction. While the Regulations themselves set out the primary framework, they also allow for the creation of subordinate instruments, such as the Amendment List, to update the sanctions regime in response to changing circumstances. Individuals and entities subject to these sanctions may seek judicial review and apply for revocation of their designation or declaration, ensuring a level of accountability and due process.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 (Regulations) include sections 6 and 10, which empower the Minister for Foreign Affairs to designate and declare persons and entities under certain conditions, as well as revoke these decisions. Section 6(1)(a) allows the Minister to designate a person or entity that is associated with the former Qadhafi regime in Libya or has violated United Nations Security Council resolutions, thereby subjecting them to targeted financial sanctions. Section 6(1)(b) enables the Minister to declare a person for the purpose of preventing their travel to, entry into, or presence in Australia. Section 10(1) provides the authority to revoke these designations and declarations, with section 10(2) specifically allowing the Minister to initiate such revocations. The Regulations impose several obligations on parties and entities they govern. Designated persons and entities are prohibited from having assets made available to or for their benefit, as outlined in regulation 14. Any assets owned or controlled by a designated person or entity must be frozen, meaning they cannot be used or dealt with, as stipulated in regulation 15. Additionally, the Regulations allow the Minister to issue permits that authorize certain transactions that would otherwise be prohibited. Persons and entities that are subject to designation or declaration must also comply with specific limitations on the use of their frozen assets to meet basic expenses or satisfy pre-existing obligations, as detailed in regulations 18 and 20. Breach of the Regulations can result in various consequences. The Regulations prohibit transactions that would make assets available to or for the benefit of a designated person or entity without the appropriate permit, as outlined in regulation 14. Similarly, any use or dealing with a frozen asset without authorization from a permit is prohibited under regulation 15. Entities or individuals found in violation of these provisions may face civil or criminal penalties. The maximum penalty for contravening the Regulations can include substantial fines and, in severe cases, imprisonment, as these sanctions are designed to enforce compliance with Australia’s autonomous sanctions policy. Decisions made under the Regulations, including designations, declarations, and revocations, are subject to judicial review, ensuring that affected parties have recourse to challenge the legality of such decisions.

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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.