Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Myanmar) Amendment (No. 3) Instrument 2024

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Legislation au F2024L00118 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—Myanmar) Amendment (No. 3) Instrument 2024

 

Autonomous sanctions are measures not involving the use of armed force which a government imposes as a matter of foreign policy in response to situations of international concern. They are a discretionary tool which the Government can apply, alone or with like‑minded countries where appropriate, to address egregious situations of international concern.

 

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 Myanmar. Regulation 6 of the Regulations enables the Minister for Foreign Affairs (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 (pursuant to item 6 of regulation 6, ‘Myanmar criteria’) that the person/entity is:

 

  • A former member of the State Peace and Development Council (SPDC).
  • A person who the Minister is satisfied is a business associate of the Myanmar military.
  • A current or former minister or a current or former deputy minister.
  • A current or former military officer of the rank of Brigadier‑General or higher.
  • A senior official in any of Myanmar’s security or corrections agencies.
  • A current or former senior officeholder of the Union Solidarity and Development Party (USDP) or the Union Solidarity and Development Association (USDA).
  • A senior official or executive in a state‑owned or a military‑owned enterprise.
  • A current or former member of any of the following:
    • the State Administration Council (SAC) or any successor of that body with similar functions;
    • the National Defence and Security Council (NDSC) or any successor of that body with similar functions;
    • any other body that the Minister is satisfied is a key governance body of a regime controlled by the Myanmar military;
    • a political party or association that the Minister is satisfied is part of, or is participating in the governance or administration of, a regime controlled by the Myanmar military.
  • An immediate family member of a person mentioned in any of paragraphs (a) to (ga).
  • An entity that the Minister is satisfied:
    • is owned or controlled by, or provides support (including political support) to, a regime controlled by the Myanmar military; or
    • is owned or controlled by a person mentioned in the first 8 dot points above or by an immediate family member of such a person.

 

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:

 

  • a 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 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).

 

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 Myanmar are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Myanmar) List 2018 (the 2018 List).

 

In accordance with regulation 6, the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024 (the 2024 (No.3) Instrument) gives effect to the following:

 

  • The 2024 (No. 3) Instrument lists 3 entities for targeted financial sanctions under the Myanmar criteria. The Minister exercised her discretion to make the designations, after being satisfied that each of the entities meets the Myanmar criteria.

 

Under subregulations 9(1) and (2) of the Regulations, listings that are made under regulation 6 of the Regulations cease to have effect three years after the date on which they took effect, unless the Minister declares they are to continue pursuant to subregulation 9(3).

 

Details of the 2024 (No.3) Instrument, which amends the 2018 List, are set out at Attachment A.

 

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations are 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 2024 (No.3) Instrument were subject to targeted consultation within government.

In order to meet the policy objective of prohibiting unauthorised financial transactions involving the entities specified in the 2024 (No. 3) 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). Consultation would risk alerting persons to the impending sanctions and enabling capital flight before assets can be frozen.

 

The 2024 (No.3) Instrument is exempt from sunsetting under table item 10B of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 on the basis that it is subject to a more stringent statutory review process than is set out in Part 4 of Chapter 3 of the Legislation Act 2003 (Cth).

 

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


Attachment A

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024

 

Section 1

The title of this instrument is the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024.

 

Section 2

Subsection 2(1) provides that the 2024 (No.3) Instrument commences the day after it 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 instrument and can be inserted or edited in any published version of this instrument.

 

Section 3

Section 3 provides that the 2024 (No.3) Instrument is made under paragraph 6(a) of the Autonomous Sanctions Regulations 2011 (the Regulations).

 

Section 4

Each instrument that is specified in a Schedule to the 2024 (No.3) Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the 2024 (No. 3) Instrument has effect according to its terms.

 

Schedule 1

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Myanmar) List 2018

 

Item 1

 

The entities to be added to the 2018 list in Part 2 of Schedule 1 by this item are designated by the Minister for targeted financial sanctions under paragraph 6(a) of the Regulations.

 

These entities are military linked entities. The Minister made the designations being satisfied (pursuant to subparagraph ((i)(i) of item 6 of the table in regulation 6) that the entity is:

  • An entity that the Minister is satisfied:
    • is owned or controlled by, or provides support (including political support) to, a regime controlled by the Myanmar military

 

 

 

 

 

 

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—Myanmar) Amendment (No. 3) Instrument 2024

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024 (the 2024 (No. 3) 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.

 

Australia’s autonomous sanctions frameworks impose highly targeted measures in response to situations of international concern. The Government considers that targeted financial sanctions and travel bans are the most effective and least rights-restrictive way to achieve its legitimate foreign policy objective of signalling Australia’s ongoing concerns about the situation in Myanmar. These sanctions allow a targeted response to Australia’s concerns about serious violations of human rights committed by the military regime and ongoing efforts to suppress the rights of the civilian population through violence and coercion.

 

The autonomous sanctions designations and declarations made by the 2024 (No.3) Instrument pursue legitimate objectives and has 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 or entities for autonomous sanctions. The 2024 (No.3) Instrument designates entities for targeted financial sanctions. The Minister for Foreign Affairs (the Minister) made the designations being satisfied (pursuant to subparagraph ((i)(i) of item 6 of the table in regulation 6) that the entity is:

  • An entity that the Minister is satisfied:
    • is owned or controlled by, or provides support (including political support) to, a regime controlled by the Myanmar military

 

Human rights implications

As the 2024 (No.3) Instrument relates to the designation of entities not persons, persons are only affected insofar as they are prohibited from making an asset available to, or for the benefit of, the designated entity or from making an asset which they own or control to be used with or dealt with by a designated entity. This does not engage any of the applicable rights or freedoms.

 

The 2024 (No.3) Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Autonomous Sanctions Regulations 2011 provide a legislative framework for Australia to impose autonomous sanctions in response to situations of international concern, including targeted financial sanctions and travel bans. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024, made by the Minister for Foreign Affairs under the Regulations, aims to address egregious situations of international concern in Myanmar. This legislative instrument designates three entities for targeted financial sanctions based on specific criteria, such as being owned or controlled by, or providing support to, a regime controlled by the Myanmar military. The policy objective is to signal Australia's ongoing concerns about serious human rights violations and efforts to suppress the rights of the civilian population. The instrument is exempt from sunsetting provisions and has undergone targeted consultation within government, considering that broader consultations could risk alerting targeted entities and enabling capital flight. Additionally, a Statement of Compatibility with Human Rights confirms that the instrument aligns with Australia's obligations under international human rights instruments.

Scope and Application

The Autonomous Sanctions Regulations 2011 govern the imposition of autonomous sanctions in Australia, enabling the Minister for Foreign Affairs to designate individuals or entities for targeted financial sanctions and declare individuals for travel bans in response to situations of international concern. Specifically, regulation 6 allows for the proscription of persons or entities in relation to Myanmar under various criteria, including association with the Myanmar military regime or its affiliates. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024 updates the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Myanmar) List 2018 by adding three entities to the list for targeted financial sanctions, following the Minister's satisfaction that these entities meet the specified criteria. The 2024 (No.3) Instrument is exempt from sunset provisions and subject to a more stringent statutory review process. The designated entities are subject to prohibitions on making assets available to them, which does not infringe on any human rights or freedoms as the sanctions do not affect persons directly but rather restrict financial interactions with these entities. The Instrument is deemed compatible with human rights and freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) Amendment (No. 3) Instrument 2024 (2024 (No. 3) Instrument) are those that designate specific entities for targeted financial sanctions under the Autonomous Sanctions Regulations 2011 (the Regulations). Section 4 of the 2024 (No. 3) Instrument amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Myanmar) List 2018 (2018 List) by adding three entities for targeted financial sanctions. Regulation 6 of the Regulations empowers the Minister for Foreign Affairs to designate entities if satisfied that they are owned or controlled by, or provide support to, a regime controlled by the Myanmar military. The 2024 (No. 3) Instrument thus facilitates the designation of military-linked entities for targeted financial sanctions. The obligations and requirements imposed by the 2024 (No. 3) Instrument on the parties or entities it governs primarily revolve around the prohibitions set forth in the Regulations. Specifically, designated entities become subject to prohibitions on making assets available to them or for their benefit (regulation 14), and assets owned or controlled by designated entities become "controlled assets" subject to a freeze (regulation 15). These prohibitions are designed to restrict financial transactions and prevent the flow of funds to entities associated with the Myanmar military. Additionally, the 2024 (No. 3) Instrument includes a sunset clause, where listings under regulation 6 cease to have effect three years after their commencement unless extended by the Minister (subregulation 9(3) of the Regulations). The entities listed in the 2024 (No. 3) Instrument are military-linked entities that are either owned or controlled by, or provide support to, a regime controlled by the Myanmar military. The 2024 (No. 3) Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the prohibitions in regulations 14 and 15 of the Regulations are subject to the penalties provided under the Regulations. Generally, contraventions of these prohibitions may result in civil penalties, including fines and, in some cases, criminal penalties. The exact penalties can vary based on the specific breach and are determined by the courts. It is also important to note that the 2024 (No. 3) Instrument is exempt from sunsetting and is subject to a more stringent statutory review process, as outlined in the Legislation (Exemptions and Other Matters) Regulation 2015. This ensures ongoing scrutiny and the possibility of review to maintain the effectiveness and appropriateness of the sanctions.

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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.