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

Administered by Department of Foreign Affairs and Trade

Legislation au F2013L00884 Not in force Legislative Instrument

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Explanatory Statement

 

 

Issued by the Authority of the Minister for Foreign Affairs

 

Autonomous Sanctions Act 2011

 

Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) 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 entities or persons outside Australia, through the imposition of autonomous sanctions in relation to those countries, or targeting those entities or persons.

 

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 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 one person’s designation in accordance with paragraph 10 (1) (a) and to revoke the person’s declaration in accordance with paragraph 10 (1) (b) of the Regulations, on the basis that the Minister is no longer satisfied the person is mentioned in an item of the table in regulation 6.  Specifically, the Minister is no longer satisfied the person is mentioned in Item 7 in regulation 6. 

 

Each person and entity listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2013 (the Syria Amendment List) remains designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations, and each person listed in Schedule 1 is declared by the Minister for the purposes of paragraph 6 (1) (b) of the Regulations, on the basis that the person or entity is mentioned in Item 7 of the table in regulation 6.

 

The current legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations and the Syria Amendment List are part, has been the subject of extensive consultation with governmental and non-governmental stakeholders since May 2010.

 

 

 

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 – Syria) Amendment List 2013

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2013 (the Syria 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.

 

The Syria Amendment List amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) List 2012 to give effect to the decision by the Minister for Foreign Affairs on 14 May 2013 to remove one individual from Australia’s autonomous sanctions list in relation to Syria.

 

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.

 

The object and purpose of the Syria Amendment List is, inter alia, to place pressure on key decision makers in Syria to allow the full enjoyment of the rights and freedoms referred to in subsection 3 (1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview

The Autonomous Sanctions Act 2011, enacted to facilitate Australia's imposition of autonomous sanctions against specific entities or persons outside Australia, aims to conduct Australia's relations with certain countries and entities by targeting them through financial sanctions and travel restrictions. This Act empowers the Minister for Foreign Affairs to designate or declare individuals or entities, thereby subjecting them to targeted financial sanctions and travel bans. The policy objective is to exert pressure on key decision-makers in the targeted countries to ensure the enjoyment of human rights and freedoms. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2013 amends the previous list to reflect the Minister's decision to remove one individual from the sanctions list, while maintaining sanctions on other listed entities. This amendment is compatible with human rights and freedoms as recognised in international instruments, ensuring that the sanctions do not unduly affect basic living expenses and pre-existing obligations of the designated entities. The enactment of this legislation by the Parliament of Australia demonstrates a commitment to upholding international human rights standards while effectively utilising autonomous sanctions as a diplomatic tool.

Scope and Application

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2013 applies to the Minister for Foreign Affairs, who has the authority to designate and declare persons and entities under the Autonomous Sanctions Regulations 2011. These regulations govern the imposition of autonomous sanctions in relation to certain countries, entities, or persons. The amendment list is concerned with individuals and entities from Syria that are subject to financial sanctions and travel restrictions. The scope of the act extends to the Commonwealth of Australia, with the Regulations being applicable nationwide. The autonomous sanctions framework allows for the designation and declaration of specific persons or entities mentioned in the regulation tables, with these actions being subject to judicial review. The sanctions include prohibiting the making of assets available to or for the benefit of designated persons or entities and freezing their assets, with exceptions for basic expenses and pre-existing obligations. Exemptions from the prohibitions and asset freezes may be granted under certain conditions, such as for humanitarian purposes or in the national interest. The Minister has the authority to revoke designations and declarations if they are no longer deemed necessary. The amendment list is compatible with human rights and freedoms recognised in international instruments, aiming to influence key decision makers in Syria to respect human rights and freedoms.

Key Provisions

The main operative sections of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2013 (the Syria Amendment List) include regulation 6, which allows the Minister for Foreign Affairs to designate or declare a person or entity for the purposes of imposing targeted financial sanctions or travel restrictions. Specifically, paragraph 6(1)(a) of the Regulations authorises the Minister to designate a person or entity, while paragraph 6(1)(b) authorises the Minister to declare a person for travel restrictions. Regulation 10 provides the authority for the Minister to revoke such designations and declarations, and regulation 11 allows a designated or declared person or entity to apply for revocation. The Regulations also include provisions that allow for the freezing of assets owned or controlled by a designated person or entity (regulation 15) and permit the Minister to grant permits to allow certain dealings with frozen assets (regulations 18 and 20). The obligations and requirements imposed by the Act on the parties or entities it governs are primarily to comply with the financial sanctions and travel restrictions imposed on designated or declared persons and entities. This includes ensuring that no assets are made available to, or for the benefit of, a designated person or entity, and that any assets owned or controlled by such a person or entity are frozen. Designated persons or entities are permitted to use their frozen assets to meet basic expenses and pre-existing obligations, as well as to satisfy judicial, administrative or arbitral liens or judgements awarded to non-designated persons or entities. The Regulations also allow for the Minister to waive travel restrictions on declared persons under certain conditions (regulation 19). Any breaches of the Regulations can result in civil or criminal consequences. The primary civil penalty for contravening the Regulations is a pecuniary penalty, which can amount to up to $52,900 for individuals and up to $264,500 for bodies corporate, as stipulated in section 13 of the Regulations. In addition to civil penalties, criminal offences can be established under section 26 of the Regulations, which can result in imprisonment for up to 10 years or a fine of up to $132,000, or both, for serious contraventions. The Regulations also allow for the imposition of administrative penalties for non-compliance, including fines and other sanctions as prescribed by the Regulations. The Act also provides for the revocation of designations and declarations made by the Minister, either on the Minister’s initiative or upon application by the designated or declared person or entity. These decisions are subject to judicial review, providing a safeguard for affected parties to challenge the legality of the Minister’s actions. The Regulations ensure that the rights and freedoms of individuals are protected to the extent possible, such as allowing designated persons or entities to meet basic expenses and pre-existing obligations with their frozen assets. The overall aim of the Regulations and the Syria Amendment List is to impose targeted sanctions that exert pressure on key decision-makers in Syria to respect human rights and freedoms, while also ensuring compliance with Australia’s international obligations.

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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.