Autonomous Sanctions (Export and Import Sanctioned Goods - Iran) Amendment Specification 2016

Overview

The Autonomous Sanctions (Export and Import Sanctioned Goods – Iran) Amendment Specification 2016 was enacted to address the issue of trade restrictions with Iran, specifically concerning the export and import of sanctioned goods. This legislation was introduced by Julie Bishop, the Minister for Foreign Affairs, under the authority granted by the Autonomous Sanctions Regulations 2011. The primary objective of this specification is to align with international sanctions imposed on Iran by specifying the goods that are subject to export and import sanctions. By revoking previous specifications and introducing updated lists of sanctioned goods, the legislation aims to ensure compliance with current international directives and maintain the integrity of Australia's autonomous sanctions regime. This amendment ensures that Australia’s autonomous sanctions measures are consistent with international efforts to impose economic pressure on Iran over its nuclear program and other activities deemed to be in breach of international norms. The Specification lists various categories of goods, including raw and semi-fabricated graphite, high-grade steel, aluminium, titanium, and nickel products, as well as enterprise resource planning software specifically designed for nuclear and military industries. By specifying these goods, the legislation aims to prevent the proliferation of materials and technologies that could contribute to Iran's nuclear capabilities and other activities of concern.

Scope and Application

The Autonomous Sanctions (Export and Import Sanctioned Goods – Iran) Amendment Specification 2016 applies to individuals and entities within Australia, and Australian citizens and entities operating overseas, concerning the export and import of specified goods to or from Iran. This Specification is issued under the Autonomous Sanctions Regulations 2011 and amends the previously listed sanctioned goods to include specific categories of metals, alloys, and software designed for use in nuclear and military industries. The regulations apply on a national level, impacting trade activities involving the listed goods with Iran. This Amendment Specification revokes previous specifications related to Iran, consolidating the current sanctioned goods list in Schedule 1. The scope of the Act can be further detailed or modified through subordinate instruments as deemed necessary by the Minister for Foreign Affairs.

Key Provisions

The Autonomous Sanctions (Export and Import Sanctioned Goods – Iran) Amendment Specification 2016 (the Specification) is a legislative instrument made under the Autonomous Sanctions Regulations 2011. This Specification amends the list of goods that are subject to export sanctions when dealing with Iran, by revoking and replacing previous specifications. Specifically, it revokes five previous specifications concerning the export and import of sanctioned goods to and from Iran, and provides a new list of goods that are subject to export sanctions when dealing with Iran. The goods listed in the Specification are classified into various categories, such as graphite, raw metals, semi-finished metals, and software designed for use in nuclear and military industries. The Specification imposes obligations on parties and entities governed by the Autonomous Sanctions Regulations 2011 to ensure that they do not engage in the export of the specified goods to Iran. This includes requiring parties to conduct due diligence and take reasonable steps to prevent the export of these goods. The Specification also requires that parties report any suspected breaches of the sanctions to the relevant authorities. The obligations are intended to prevent the transfer of goods that could contribute to Iran's nuclear or military capabilities. Breaches of the Specification may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, knowingly or recklessly making a false statement in a report to the relevant authorities may result in a civil penalty of up to $22,200 or a criminal penalty of up to five years' imprisonment. Other breaches may result in civil penalties of up to $555,000 for individuals and $2,775,000 for bodies corporate, as well as criminal penalties of up to 25 years' imprisonment for individuals and $13,875,000 for bodies corporate. The severity of the penalty depends on the nature and extent of the breach, as well as any aggravating or mitigating factors. The Specification also includes provisions for the review and revocation of the Specification by the relevant authorities. This allows for the Specification to be updated or revoked if necessary, to ensure that it remains effective in achieving its intended purpose. The Specification is subject to review every five years, and may be revoked or amended at any time by the relevant authorities. This ensures that the Specification remains relevant and effective in preventing the export of goods that could contribute to Iran's nuclear or military capabilities.