Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) Amendment List 2014

Administered by Department of Foreign Affairs and Trade

Legislation au F2014L01184 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 – Ukraine) Amendment List 2014

 

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 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 Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) List 2014 (the Ukraine List) gives effect to autonomous sanctions measures announced by the Minister for Foreign Affairs (the Minister) on 19 March and 21 May 2014 in response to the Russian threat to the sovereignty and territorial integrity of Ukraine.

 

Each person listed in Schedule 1 of the Ukraine List is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations on the basis that he or she is mentioned in Item 9 of the table in regulation 6; that is, “a person or entity that the Minister is satisfied is responsible for, or complicit in, the threat to the sovereignty and territorial integrity of Ukraine.”

The Minister has decided to impose further Australian autonomous sanctions against persons and entities instrumental in the Russian threat to the sovereignty and territorial integrity of Ukraine. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) Amendment List 2014 (the Ukraine Amendment List) gives effect to this announcement.  

Each person and entity listed in Schedule 1 of the Amendment List is designated by the Minister for the purposes of paragraph 6 (1) (a) of the Regulations and 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 5 of the table in regulation 6.

The legal framework for the imposition of autonomous sanctions by Australia, of which the Regulations, the Ukraine List and the Ukraine Amendment 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 extensive outreach on Australian sanction laws.  This includes two national outreach tours a year to major Australian cities, including open seminars for Australian businesses, financial institutions, universities and individuals.  The Department also undertakes ad hoc, tailored outreach to Australian businesses or sectors that are particularly affected by Australian sanction laws.  The Department manage a sanctions e-mail list to notify subscribers immediately of amendments to Australian sanction laws and of updates to the Consolidated List of persons and entities designated for the purposes of all sanctions regimes.

Relevant Commonwealth Government departments were consulted prior to and during the drafting of this legislative instrument.

In order to meet the policy objective of prohibiting unauthorised financial transactions involving the persons and entities specified in the Ukraine Amendment List, the Department is satisfied that wider consultations beyond those it has already undertaken would be inappropriate (sub-sections 18(1) and (2)(e) of the Legislative Instruments Act 2003).

 

 


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 – Ukraine) Amendment List 2014

 

The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) Amendment List 2014 (the Ukraine 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 Ukraine Amendment List gives effect to the decision of the Minister for Foreign Affairs to impose further Australian autonomous sanctions against persons and entities in response to the Russian threat to the sovereignty and territorial integrity of Ukraine.

 

A person or entity subject to designation or declaration under regulation 6 of the Autonomous Sanctions Regulations 2011 (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.

Overview

The Autonomous Sanctions Regulations 2011, enacted to establish a legal framework for Australia to impose autonomous sanctions against specific entities and persons outside Australia, address the need for a robust response to international threats and conflicts. Authorised by the Australian Parliament, these regulations empower the Minister for Foreign Affairs to designate or declare individuals or entities, thereby subjecting them to targeted financial sanctions and travel bans. The Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) Amendment List 2014, which supplements the initial regulations, was introduced in response to the Russian threat to Ukraine's sovereignty and territorial integrity. This amendment list designates and declares additional individuals and entities, thereby extending the scope of sanctions to further those entities and individuals deemed responsible for the destabilising actions in Ukraine. The policy objective is to uphold international stability and to align Australia's actions with global sanctions efforts, ensuring a coordinated response to the crisis.

Scope and Application

The Autonomous Sanctions Regulations 2011, as amended by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) Amendment List 2014, apply to individuals and entities deemed to be involved in activities that threaten the sovereignty and territorial integrity of Ukraine. This legislation allows the Minister for Foreign Affairs to designate specific persons or entities, subjecting them to targeted financial sanctions, which include the prohibition on making assets available to them or for their benefit unless authorised by a permit. The geographic scope of these regulations is national, affecting anyone within Australia who may engage in transactions with these designated individuals or entities. The sanctions extend to prohibiting the use or dealing with any assets owned or controlled by the designated entities, with certain exemptions for basic expenses and pre-existing obligations. The Regulations also permit the Minister to declare a person to prevent them from travelling to, entering, or remaining in Australia, with possible waivers on humanitarian or national interest grounds. The application of these sanctions is comprehensive, covering both individuals and entities, and is enforced through legislative instruments that can be further extended or modified by subordinate legislation.

Key Provisions

The main operative sections of the Autonomous Sanctions Regulations 2011 and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Ukraine) Amendment List 2014 include paragraph 6(1)(a) and 6(1)(b) which allow the Minister for Foreign Affairs to designate or declare individuals or entities. Paragraph 6(1)(a) enables the designation of individuals or entities based on their involvement in actions threatening Ukraine's sovereignty and territorial integrity, subjecting them to targeted financial sanctions (section 14). Paragraph 6(1)(b) permits the declaration of individuals to prevent them from entering or remaining in Australia (section 6). These provisions ensure that the Minister can impose sanctions that restrict financial transactions and travel to Australia for those deemed responsible for or complicit in the threat to Ukraine. The Regulations impose several obligations and requirements on parties governed by them. Firstly, they require the Minister to consult with relevant stakeholders and consider the implications of sanctions before designating or declaring individuals or entities. The Regulations also mandate that designated or declared individuals or entities can apply for revocation of these decisions, and these decisions are subject to judicial review. Additionally, the Regulations allow for exceptions to the sanctions for basic expenses and pre-existing obligations, ensuring that humanitarian considerations are taken into account. Breaches of the sanctions imposed by the Regulations can result in significant civil and criminal consequences. For example, making an asset available to a designated person or entity, or dealing with a controlled asset without authorisation, is prohibited. The Regulations do not specify maximum penalties for breaches; however, penalties can include fines and imprisonment under the Crimes Act 1914, as well as civil penalties for violations of financial transaction laws. The seriousness of the consequences reflects the importance of adhering to the sanctions to uphold international relations and security objectives.

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Human Rights (Parliamentary Scrutiny) Act 2011

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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.