Overview

The Autonomous Sanctions Regulations 2011 were enacted to provide a legislative framework for the imposition of autonomous sanctions by Australia, enabling the Minister for Foreign Affairs to designate individuals or entities for targeted financial sanctions or declare individuals for travel bans in response to situations of international concern. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 19) Instrument 2022, issued under the authority of the Minister for Foreign Affairs, specifically addresses the revocation of the designation and declaration of Alexander Grigoryevich Abramov. This amendment was made following an application by Mr Abramov and after reviewing submissions from him as the affected party. The revocation ensures that Mr Abramov's human rights are not limited or adversely affected, and the instrument does not engage any of the applicable human rights and freedoms recognised in international instruments. This legislative framework was subject to extensive consultation with stakeholders when initially introduced, and the Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for listing instruments of this nature.

Scope and Application

The Autonomous Sanctions Regulations 2011 govern the imposition of autonomous sanctions by Australia, which are measures that do not involve the use of armed force but are taken as a matter of foreign policy in response to international concerns such as threats to a country's sovereignty and territorial integrity. This legislation specifically applies to the proscription of persons or entities for autonomous sanctions in relation to Russia and Ukraine. The Minister for Foreign Affairs has the authority to designate a person or entity for targeted financial sanctions, and/or declare a person for a travel ban if they are satisfied that the individual or entity is, or has been, engaging in activities of economic or strategic significance to Russia. These designated persons and entities, as well as declared persons, are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014. The Minister also has the power to revoke a designation or declaration under the Regulations. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 19) Instrument 2022 amends the 2014 List to revoke the designation and declaration of Alexander Grigoryevich Abramov. The scope of this Act extends to Commonwealth jurisdiction, applying to individuals and entities that are engaging in activities significant to Russia, and it does not limit or adversely affect any person’s human rights.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 19) Instrument 2022, pertain to the proscription of individuals and entities for targeted financial sanctions and/or travel bans in relation to Russia and Ukraine. Regulation 6 (paragraphs 6(a) and 6(b)) empowers the Minister for Foreign Affairs to designate a person or entity for financial sanctions or declare a person for a travel ban if they are believed to be engaged in activities of economic or strategic significance to Russia. The 2014 List (Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014) details the designated persons and entities, as well as declared persons. Paragraph 10(3) of the Regulations provides the Minister with the authority to revoke any designation or declaration. The obligations and requirements imposed by the Regulations on parties and entities include compliance with the sanctions and travel bans listed in the 2014 List. Any person or entity designated for financial sanctions must adhere to the restrictions on financial transactions, while those declared for a travel ban are prohibited from entering Australian territory. The Regulations also mandate that affected individuals and entities have the right to apply to the Minister for revocation of their designation or declaration, as per Regulation 11. The 2014 List serves as an authoritative reference for determining who is subject to these sanctions and travel bans. The Instrument provides for specific consequences and penalties for non-compliance with the sanctions and travel bans. While the Instrument itself does not specify penalties, breaches of the Regulations could result in significant legal ramifications. Civil or criminal penalties may be imposed under other applicable Australian laws, depending on the nature and severity of the breach. For example, individuals or entities that facilitate financial transactions with designated persons or entities could face fines or imprisonment. Similarly, those who assist declared persons in entering Australia could also face penalties. The exact penalties would be determined by the courts based on the specific circumstances of the case and the relevant laws in force at the time of the offence. The Instrument ensures that the revocation of Alexander Grigoryevich Abramov's designation and declaration does not adversely affect his human rights or any other person's human rights. The Office of Best Practice Regulation has determined that a Regulation Impact Statement is not required for this type of listing instrument, as stated in the explanatory statement. The revocation was made following an application by Mr Abramov and after receiving submissions from him as the affected party, in accordance with Regulation 11.