Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025

Administered by Department of Foreign Affairs and Trade

Legislation au F2025L00193 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 (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025

 

Autonomous sanctions are measures not involving the use of armed force which a government imposes as a matter of foreign policy – as opposed to an international obligation under a United Nations Security Council decision – in response to situations of international concern. They are a discretionary tool which the Government can apply, alone or with like-minded countries where appropriate, to address egregious situations of international concern.  

 

The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, amongst other things, the designation of goods as ‘export sanctioned goods’ for a country or part of a country. The supply, sale or transfer of ‘export sanctioned goods’ to specified Ukraine regions (Donetsk, Luhansk, Crimea, Sevastopol), for use in specified Ukraine regions or for the benefit of specified Ukraine regions is prohibited under regulations 4 and 12 of the Regulations. For specified Ukraine regions, the provision of services which assist with, or which are provided in relation to, the supply, sale or transport of export sanctioned goods or the manufacture, maintenance or use of export sanctioned goods is also prohibited under regulations 5 and 13.

 

The purpose of the Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 (the Specified Ukraine Regions Designation) is to amend the Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Designation 2023. The amendments expand, under subregulation 4(3) of the Regulations, what goods are ‘export sanctioned goods’ for specified Ukraine regions to include unmanned aerial vehicles and associated parts. The unmanned aerial vehicles and associated parts designated as export sanctioned goods for specified Ukraine regions in the Specified Ukraine Regions Designation are described by reference to codes in the Australian Harmonized Export Commodity Classification (AHECC), as released on 21 January 2022. This document could, in February 2025, be freely accessed on the Australian Bureau of Statistics website (Australian Harmonized Export Commodity Classification (AHECC) 2022, Australian Bureau of Statistics (abs.gov.au)).

 

The prohibition on the export of such goods is in response to Russia’s ongoing illegal and immoral aggression against Ukraine. Russia’s aggression towards Ukraine presents a serious threat to the international rules-based order which underpins global security. Prohibiting the export of unmanned aerial vehicles and related parts to areas of Ukraine temporarily controlled by Russia would assist with ensuring that Australian goods are not aiding Russia’s aggression in Ukraine.

 

When considering whether to apply autonomous sanctions, the Government considers Australia’s national interest, including bilateral, regional and multilateral equities, and the impact of sanctions on Australia’s economic, security or other interests.

 

Details of the Specified Ukraine Regions Designation are set out at Attachment A.

 

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, and when amended to include the Russia/Ukraine sanctions.

 

The Office of Impact Analysis (OIA) has advised that a detailed analysis is not required (reference: OIA25-08984). The OIA determined that expanding the Specified Ukraine Regions Designation is unlikely to result in more than minor impacts on Australian individuals, business or community organisations. For this reason, DFAT did not undertake public consultation in preparing this measure. 

 

The Specified Ukraine Regions Designation 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 statement of compatibility with human rights is at Attachment B.

Attachment A

 

Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025

 

Section 1

The title of the instrument is the Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 (the Specified Ukraine Regions Designation).

 

Section 2

Subsection 2(1) provides that the Specified Ukraine Regions Designation 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 Specified Ukraine Regions Designation and can be inserted or edited at a later date.

 

Section 3

The Designation is made under subregulation 4(3) of the Autonomous Sanctions Regulations 2011 (the Regulations).

 

Section 4

Goods listed in Schedule 1 of the Designation are designated as export sanctioned goods for specified Ukraine regions (Donetsk, Luhansk, Crimea, Sevastopol), for use in specified Ukraine regions, or for the benefit of specified Ukraine regions.

 

Schedule 1

Regulation 4 of the Regulations sets out what constitutes a sanctioned supply for a country or part of a country. Provision of a sanctioned supply is prohibited under regulation 12, unless the Minister has granted a permit under regulation 18.

 

Item 1 of the table in subregulation 4(2) of the Regulations provides that export sanctioned goods for specified Ukraine regions are specified items relating to the creation, acquisition of development of infrastructure in the transport, telecommunications or energy sectors, or in relation to the exploitation of oil, gas and mineral reserves in specified Ukraine regions. The Minister for Foreign Affairs has the authority, under subregulation 4(3) of the Regulations, to designate by legislative instrument, additional goods as export sanctioned goods for a country or part of a country mentioned in the designation. This mechanism exists to ensure that the Australian Government is able to act swiftly to expand the existing export prohibitions that apply in respect of a sanctioned country, enabling Australia to be responsive to evolving situations of international concern.

 

Item 1 of Schedule 1 of the Specified Ukraine Regions Designation amends Schedule 1 of the Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Designation 2023 to insert a new Part 2 expanding the list of goods designated for specified Ukraine regions to include unmanned aerial vehicles and parts thereof.

 

 

 

 

Attachment B

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

AUTONOMOUS SANCTIONS (EXPORT SANCTIONED GOODS—SPECIFIED UKRAINE REGIONS) AMENDMENT (NO. 1) DESIGNATION 2025

 

The Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 (the Specified Ukraine Regions Designation) 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.

 

Overview of the Designation

 

Autonomous sanctions are measures not involving the use of armed force which the Australian Government imposes and implements as a matter of foreign policy. They are a discretionary tool which the Government can apply, alone or with like-minded countries where appropriate, to address egregious situations of international concern. 

 

The Autonomous Sanctions Regulations 2011 (the Regulations) make provision for, amongst other things, the designation of goods as ‘export sanctioned goods’ for a country or part of a country. The supply, sale or transfer of ‘export sanctioned goods’ to specified Ukraine regions, for use in specified Ukraine regions or for the benefit of specified Ukraine regions is prohibited under regulations 4 and 12 of the Regulations. 

 

Russia’s aggression towards Ukraine presents a serious threat to the international rules-based order which underpins global security. The purpose of the Specified Ukraine Regions Designation is to expand, under subregulation 4(3) of the Regulations, what goods are ‘export sanctioned goods’ for specified Ukraine regions to include unmanned aerial vehicles and related parts. In prohibiting the export of such goods, Australia is demonstrating its condemnation of Russia’s illegal and unjustified invasion of Ukraine.

 

When considering whether to apply autonomous sanctions, the Government considers Australia’s national interest, including bilateral, regional and multilateral equities, and the impact of sanctions on Australia’s economic, security or other interests.

 

Human rights implications

 

The Specified Ukraine Regions Designation 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 Specified Ukraine Regions Designation expands, under subregulation 4(3) of the Regulations, what goods are ‘export sanctioned goods’ for specified Ukraine regions to include unmanned aerial vehicles and related parts. The supply, sale or transfer of such goods will therefore become subject to the existing prohibition on making a sanctioned supply under regulation 12 of the Regulations. The Specified Ukraine Regions Designation does not change the overarching operation of the Regulations.

 

The human rights obligation that may possibly be affected by including unmanned aerial vehicles and related parts as ‘export sanctioned goods’ for specified Ukraine regions is the presumption of innocence. Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR) provides that everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. As strict liability offences allow for the imposition of criminal liability without the need to prove fault, all strict liability offences engage the presumption of innocence in Article 14(2) of the ICCPR. A strict liability offence will not necessarily violate the presumption of innocence provided that it is: (i) aimed at achieving a purpose which is legitimate; (ii) based on reasonable and objective criteria; and (iii) proportionate to the aim to be achieved.

 

Regulation 12 of the Regulations provides that strict liability applies unless the sanctioned supply is authorised by a permit under regulation 18 of the Regulations. The Specified Ukraine Regions Designation has the effect of making unmanned aerial vehicles and related parts ‘export sanctioned goods’ for specified Ukraine regions. The effect of this is that strict liability applies to the existence or otherwise of a sanctions permit. For an individual, strict liability will not apply to any other element of the offence. 

 

The Specified Ukraine Regions Designation is compatible with human rights because the limitations that arise are reasonable, necessary and proportionate measures which enable Australia to maintain its foreign policy and national security interests.

 

Conclusion

 

The Specified Ukraine Regions Designation is compatible with human rights as the measures in the Specified Ukraine Regions Designation do not raise any human rights issues.

 

 

 

Overview

The Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 was enacted to address the ongoing crisis in Ukraine by expanding the scope of export sanctions on goods designated for specified Ukraine regions. This amendment, introduced by the Australian Government, aims to prohibit the export of unmanned aerial vehicles and associated parts to regions of Ukraine under temporary Russian control, in response to Russia’s aggression against Ukraine. This measure is part of the broader Autonomous Sanctions Regulations 2011, which provide the legal framework for imposing sanctions in response to situations of international concern. The designation was made under the authority of the Minister for Foreign Affairs and is intended to align with Australia’s national interest, taking into account bilateral, regional, and multilateral equities, as well as the impact on Australia's economic and security interests. The policy objective is to demonstrate Australia’s condemnation of Russia’s illegal invasion and to contribute to maintaining the international rules-based order. The Office of Impact Analysis has concluded that the amendment is unlikely to have more than minor impacts on Australian individuals, businesses, or community organisations, and thus, no public consultation was undertaken. Furthermore, the designation has been assessed to be compatible with the human rights and freedoms recognised in international instruments, as per the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment ensures that any limitations on human rights are reasonable, necessary, and proportionate to achieving the policy objectives of maintaining Australia’s foreign policy and national security interests.

Scope and Application

The Autonomous Sanctions Regulations 2011 establish a framework for designating certain goods as 'export sanctioned goods' for specific regions, including specified Ukraine regions such as Donetsk, Luhansk, Crimea, and Sevastopol. These regulations prohibit the supply, sale, or transfer of such goods to, for use in, or for the benefit of these regions, as well as the provision of services that facilitate these activities. The Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 further expands the list of export sanctioned goods to include unmanned aerial vehicles and associated parts, in response to Russia’s ongoing aggression against Ukraine. This amendment aligns with Australia's foreign policy and national security objectives, aiming to prevent Australian goods from aiding in the conflict. The Regulations apply to all individuals and entities within Australia, including businesses and organisations, and their application extends to any geographic location where the specified goods are intended to be exported to the designated regions. While the Regulations generally apply to all such exports, exemptions and permits may be granted by the Minister for Foreign Affairs under specific conditions. The amendments and regulations provide a clear and comprehensive mechanism for enforcing these sanctions, with strict liability for violations unless a permit is obtained.

Key Provisions

The Autonomous Sanctions Regulations 2011 (Regulations) establish a framework for designating goods as 'export sanctioned goods' for specified countries or regions, such as the Donetsk, Luhansk, Crimea, and Sevastopol regions of Ukraine. Section 4 of the Regulations prohibits the supply, sale, or transfer of such designated goods to these regions (Regulation 4 and 12), as well as the provision of services that assist with their supply, sale, transport, manufacture, maintenance, or use (Regulation 5 and 13). The Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Amendment (No. 1) Designation 2025 (Designation) amends the Autonomous Sanctions (Export Sanctioned Goods—Specified Ukraine Regions) Designation 2023 to expand the list of export sanctioned goods for these regions to include unmanned aerial vehicles and related parts (Schedule 1, Part 2, Item 1). This amendment is intended to respond to Russia's ongoing aggression against Ukraine, which poses a significant threat to global security. The Designation imposes several obligations on individuals and entities within Australia. First, it mandates that any supply, sale, or transfer of the newly designated export sanctioned goods to specified Ukraine regions is prohibited unless authorised by a permit issued by the Minister for Foreign Affairs under Regulation 18 of the Regulations. Second, it prohibits the provision of services that assist with the supply, sale, transport, manufacture, maintenance, or use of these goods in or for the benefit of the specified Ukraine regions. These obligations are intended to ensure that Australian goods do not contribute to Russia's aggression in Ukraine. Failure to comply with the prohibitions set out in the Designation may result in civil or criminal penalties. Under Regulation 12 of the Regulations, strict liability applies unless the sanctioned supply is authorised by a permit. This means that individuals or entities found to have supplied, sold, transferred, or provided services related to the designated goods to the specified Ukraine regions can be held liable, regardless of intent or knowledge. The maximum penalty for contravening these provisions can include significant fines and imprisonment, reflecting the seriousness of breaching these sanctions. The exact penalties are not specified in the text provided but are typically detailed in the relevant sections of the Regulations or other applicable laws.

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