Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024

Administered by Department of Foreign Affairs and Trade

Legislation au F2024L00451 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 – Russia and Ukraine) Amendment (No. 4) Instrument 2024

 

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. Such situations include threats to a country’s sovereignty and territorial integrity, as occurred in 2014 when Russia attempted to annex Crimea and Sevastopol from Ukraine in breach of international law, and Russia’s ongoing invasion of Ukraine since February 2022.

 

The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, among other things, the making and revocation of designations of persons or entities for the purpose of applying targeted financial sanctions, and for declarations of persons for the purposes of imposing a travel ban. Regulation 6 of the Regulations enables the Minister to, among other things, declare and designate persons if satisfied that the person is, or has been, engaging in an activity or performing a function that is of economic or strategic significance to Russia.

 

Designated and declared persons, and designated entities, in relation to Russia and Ukraine are listed in the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014 (the 2014 List). The Minister has the discretion under regulation 10 to revoke a designation or declaration. 

 

Details of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 4) Instrument 2024 (the 2024 Instrument), which amends the 2014 List to revoke the designation and declaration of Lev Aronovich KHASIS, are set out in Attachment A.

 

The Minister revoked the designation and declaration of Lev Aronovich KHASIS. The revocation was made at the discretion of the Minister under subregulation 10(3), on an application by Mr KHASIS pursuant to regulation 11. Subregulation 10(3) provides that the Minister may revoke a designation and/or declaration on application by a designated and/or declared person or entity. Regulation 11 provides that a designated and/or declared person or entity may apply in writing to the Minister to revoke their designation and/or declaration, setting out the circumstances relied upon to justify the application.

 

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 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 – Russia and Ukraine) Amendment (No. 4) Instrument 2024

 

Section 1

The title of the instrument is the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024 (the 2024 Instrument).

 

Section 2

Subsection 2(1) provides that the whole of the 2024 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 2024 Instrument and can be inserted or edited at a later date.

 

Section 3

The 2024 Instrument is made under subregulation 10(3) of the Autonomous Sanctions Regulations 2011 (the Regulations). Subregulation 10(3) provides that the Minister may revoke a designation and/or declaration on application by a designated and/or declared person or entity. Regulation 11 provides that a designated and/or declared person or entity may apply in writing to the Minister to revoke their designation and/or declaration, setting out the circumstances relied upon to justify the application.

 

Section 4

Each instrument that is specified in a Schedule to the 2024 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 Instrument has effect according to its terms.

 

Schedule 1—Amendments

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014

 

Item 1

Part 1 of Schedule 2 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) List 2014 (the 2014 List) sets out persons that the Minister has designated for targeted financial sanctions, and declared for the purposes of a travel ban, under table item 6A of regulation 6 of the Regulations.

 

This item revokes the designation and declaration of Lev Aronovich KHASIS, which appeared at item 138 of the table in Part 1 of Schedule 2 to the 2014 List.


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 – Russia and Ukraine) Amendment (No. 4) Instrument 2024

 

This disallowable Legislative 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.

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024 revokes the designation and declaration of Lev Aronovich KHASIS under the Autonomous Sanctions Regulations 2011. This has the effect of lifting travel and financial restrictions currently in place on Mr KHASIS.

 

This disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

 

This disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Autonomous Sanctions Regulations 2011, enacted by the Australian Government, establish a legal framework for the imposition of autonomous sanctions, which are measures not involving the use of armed force. These sanctions are implemented as a matter of foreign policy in response to situations of international concern, such as threats to a country’s sovereignty and territorial integrity. The problem or gap this legislation addresses is the need for Australia to respond effectively to significant international incidents, such as Russia's actions in Crimea and Ukraine. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024 was introduced by the Minister for Foreign Affairs to amend the 2014 List, specifically revoking the designation and declaration of Lev Aronovich KHASIS. This revocation was made in response to an application by Mr. KHASIS under the discretion provided by the Regulations. The policy objective of this amendment is to ensure that the autonomous sanctions regime remains responsive and adaptable to changing circumstances and applications from affected parties.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024, establish a framework for the Australian government to impose autonomous sanctions on individuals and entities engaged in activities that pose international concerns, particularly those threatening a country’s sovereignty and territorial integrity. This framework applies to specific persons and entities identified as engaging in activities of economic or strategic significance to Russia, as determined by the Minister for Foreign Affairs. These sanctions can include targeted financial restrictions and travel bans. The geographic reach of these regulations is national, applying to all persons and entities within Australia’s jurisdiction. The regulations provide the Minister with the discretion to revoke designations and declarations on application by the affected persons or entities, as outlined in the Regulations. The 2024 Instrument specifically revokes the designation and declaration of Lev Aronovich KHASIS, thereby lifting the sanctions imposed on him. The legal framework ensures that any amendments or revocations made are subject to the provisions of the Regulations and the 2014 List.

Key Provisions

The main sections of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No. 4) Instrument 2024 (the 2024 Instrument) are set out in Section 1, which gives the title of the instrument, and Section 4, which details how the instrument amends or repeals specified instruments. Section 2 specifies the commencement of the 2024 Instrument, effective the day after it is registered. Section 3 references subregulation 10(3) of the Autonomous Sanctions Regulations 2011, which allows the Minister to revoke a designation or declaration on application by a designated or declared person or entity. This process is further outlined in Regulation 11, which permits such individuals to apply in writing to the Minister to revoke their designation or declaration, detailing the circumstances justifying the application. The obligations and requirements imposed by the 2024 Instrument primarily revolve around the Minister's discretion to revoke designations and declarations of persons or entities under subregulation 10(3) of the Autonomous Sanctions Regulations 2011. This discretion is exercised when the Minister receives an application from a designated or declared person or entity, as stipulated in Regulation 11. The application must be in writing and outline the circumstances justifying the revocation. The Minister, upon reviewing the application, may choose to revoke the designation or declaration, thereby lifting the associated sanctions such as travel bans and financial restrictions. In terms of offences, penalties, or civil/criminal consequences for breach, the 2024 Instrument itself does not introduce new penalties but rather operates within the existing legal framework of the Autonomous Sanctions Regulations 2011. Breaches of the sanctions, such as continuing to engage in restricted financial transactions with a designated or declared person, can lead to substantial penalties. Under the Autonomous Sanctions Regulations 2011, individuals and entities found in breach of the sanctions can face fines up to 5,000 penalty units or imprisonment for up to five years, or both, for each offence. The exact penalties are determined by the courts based on the nature and severity of the breach. Furthermore, non-compliance with the revocation process or any other provisions of the Regulations could result in enforcement actions by the relevant authorities.

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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.