Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2015 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L00217 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 – Syria) Amendment List 2015 (No. 1)

 

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 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).

 

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.

 

Each person and entity listed in Schedule 1 of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2015 (No. 1) (the Syria List) was designated or declared by the Minister in 2012 for the purposes of paragraph 6 (1) (a) or (b) of the Regulations on the basis that he or she is mentioned in Item 2 of the table in regulation 6 that is: a person or entity that the Minister is satisfied is providing support to the Syrian regime; or is a peron or entity that the Minister is satisfied is responsible for human rights abuses in Syria, including the use of violence aginst civilians, and the commission of other abuses.  

 

Regulation 9 of the Regulations provides that a designation or declaration made under regulation 6(1) (a) or (b) or (2) (a) or (b) ceases to have effect on the third anniversary of the day in which the designation took effect.  The Syria List redesignates and redeclares those persons and entities that were originally designated and originally declared in 2012.       

 

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 imposition of Australian autonomous sanctions on Syria is in response to to Australia's grave concern at the use of violence by the Syrian regime against its people.  Although the Syria List does not implement new sanctions on additional persons or entities, it retains financial and travel restrictions that would otherwise lapse on persons and entities that have provided suport to the Syrian regime or are responsible for human rights abuses.

 

Each person and entity listed in Schedule 1 of the Syria List is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations, and each person is 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 2 of the table in regulation 6.

 

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

 

The Department of Foreign Affairs and Trade (the Department) conducts ongoing public consultations, including with the Australian financial services sector and broader business community, in relation to these types of measures.  Relevant Commonwealth Government departments were consulted prior to the drafting of this legislative instrument.  

 

The Department undertook public consultation through its website, including notifying registered users of the Department’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations are being reviewed.  No submissions were received in reponse to these consultations.

 

 

 


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 – Syria) Amendment List 2015 (No. 1)

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2015 (No 1) (the Syria 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.

 

The Department of Foreign Affairs and Trade (DFAT) undertook public consultation through its website, and notified  registered users of DFAT’s Online Sanctions Administration System, seeking submissions from interested parties and to afford natural justice to those persons and entities whose designations or declarations were to lapse and are being reviewed.  No submissions were received.

 

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 imposition of autonomous sanctions on specific countries, entities, or persons outside Australia, targeting those involved in activities contrary to Australia's foreign policy objectives. This legislative instrument enables the Minister for Foreign Affairs to designate or declare individuals or entities based on their involvement in actions such as supporting oppressive regimes or committing human rights abuses. The policy objective behind these regulations is to use targeted financial sanctions and travel restrictions to influence behaviour and promote peace and stability internationally. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) Amendment List 2015 (No. 1) specifically extends these sanctions to include parties involved in the Syrian conflict, reflecting Australia's concern over human rights violations and the use of violence by the Syrian regime. This amendment ensures that sanctions remain in effect, preventing them from lapsing and thereby maintaining pressure on those responsible for ongoing abuses.

Scope and Application

The Autonomous Sanctions Regulations 2011 apply to any person or entity designated or declared by the Minister for Foreign Affairs, who may impose targeted financial sanctions and travel restrictions on individuals or entities based on their involvement in activities that undermine Australia's foreign relations, specifically those related to Syria. The Regulations authorise the Minister to designate or declare a person or entity, thereby subjecting them to financial sanctions that prohibit making an asset available to, or for the benefit of, the designated person or entity, or freezing their assets. The sanctions are intended to target individuals and entities that support the Syrian regime or are responsible for human rights abuses, including the use of violence against civilians. The sanctions are applied nationally and affect designated persons and entities regardless of their location. However, the Regulations do not affect the title to any asset owned or controlled by the designated person or entity, and a designated person or entity may continue to draw on their frozen assets to meet basic expenses. The designation or declaration ceases to have effect on the third anniversary of the day in which the designation took effect, unless renewed by the Minister. The Regulations extend to permit the Minister to revoke a designation or declaration on the Minister’s initiative or in response to an application from the designated or declared person or entity.

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 – Syria) Amendment List 2015 (No. 1), include sections that authorise the Minister for Foreign Affairs to designate and declare persons or entities for the purposes of imposing targeted financial sanctions and travel restrictions. Section 6(1)(a) allows the Minister to designate a person or entity as a target for financial sanctions, while section 6(1)(b) allows the Minister to declare a person for the purpose of preventing them from travelling to, entering, or remaining in Australia. These designations and declarations are based on the person or entity being mentioned in the relevant items of the table in regulation 6. Specifically, the Syria List targets individuals and entities that are providing support to the Syrian regime or are responsible for human rights abuses in Syria. The obligations imposed on parties or entities by these Regulations include strict compliance with the prohibition on making assets available to, or for the benefit of, designated persons or entities (regulation 14). This means that any assets owned or controlled by a designated person or entity must be frozen, and no dealings with these assets are permitted without a permit granted under regulation 18. Furthermore, the Regulations impose travel restrictions on declared persons, prohibiting them from entering or remaining in Australia unless a waiver is granted by the Minister under regulation 19. The Act provides for various consequences in the event of non-compliance. Breaches of the financial sanctions or travel restrictions can lead to both criminal and civil penalties. The specific penalties are not detailed in the text, but the general framework suggests that violations could result in significant fines or imprisonment, reflecting the seriousness with which the Australian government treats non-compliance with these sanctions. Additionally, the decisions made under the Regulations are subject to judicial review, and affected parties have the right to apply to the Minister for the revocation of any designation or declaration (regulation 11). The Regulations also include provisions for the automatic cessation of designations and declarations after three years, unless renewed (regulation 9). This ensures that the sanctions remain current and relevant, while also providing a mechanism for review and potential revocation based on changing circumstances. The Minister retains the authority to revoke designations or declarations under section 10, either on the Minister’s initiative or following an application by the affected party. These measures are designed to balance the need for effective sanctions with the principles of fairness and due process.

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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.