Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Autonomous Sanctions Regulations 2011
Autonomous Sanctions (Export Sanctioned Goods – Syria) Designation Amendment 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.
Subregulation 4 (3) of the Regulations provide that the Minister may, by legislative instrument, designate goods as export sanctioned goods for a country mentioned in the designation.
The Autonomous Sanctions (Export Sanctioned Goods – Syria) Designation 2012 (the Syria Designation), which commenced on 22 August 2012, lists a series of items that are designated as export sanctioned goods in relation to Syria. The Syria Designation gives effect to Australia’s commitments as a member (and Chair) of the Australia Group, an informal forum of countries which, through the harmonisation of export controls, seeks to ensure that exports do not contribute to the development of chemical or biological weapons.
On 15 June 2012, the Australia Group announced its intention to impose controls on a list of items of particular concern if destined for end-users in Syria. In furtherance of this, the Minister designated each good listed in Schedule 1 of the Syria Designation for the purposes of sub-regulations 4 (3) of the Regulations.
On 7 June 2013, the Australia Group announced a further list of items of particular concern if destined for end-users in Syria. In order to implement the decision of the Australia Group, the Autonomous Sanctions (Export Sanctioned Goods – Syria) Designation Amendment 2013 amends the list of items in the Syria Designation to incorporate the additional items for the purposes of sub-regulation 4(3) of the Regulations.
The direct or indirect supply, sale or transfer of export sanctioned goods to, or for the use in or benefit of, Syria is a “sanctioned supply”. Similarly, the provision to Syria, or to a person in Syria, or to a person for use in Syria, of technical advice, assistance or training, a financial service, or financial or other assistance that assists with a sanctioned supply for Syria, or the manufacture, maintenance or use of an export sanctioned good for Syria, is a “sanctioned service”.
Regulation 12 of the Regulations prohibits the making of a sanctioned supply, other than as authorised by a permit granted under regulation 18 (authorised supply). Regulation 13 prohibits the provision of a sanctioned service, other than in relation to an authorised supply, or, in other cases, as specifically authorised by a permit granted under regulation 18. Both regulations 12 and 13 apply to conduct engaged in either in Australia, or by an Australian citizen or a body corporate anywhere in the world, or by a person using an Australian aircraft or ship. Additionally, a body corporate with effective control over the actions of another body corporate or entity, wherever incorporated or situated, is liable for any unauthorised sanctioned supply made, or sanctioned service provided, by that other body corporate or entity.
Regulations 12 and 13 are specified as “sanction laws” by the Minister under
section 6 of the Autonomous Sanctions Act 2011 (the Act). Consequently, a contravention of regulations 12 or 13 is an offence under section 16 of the Act.
In order to meet the policy objective of prohibiting unauthorised supply to Syria of the goods designated in the Designation, the Department is satisfied that wider consultation 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 (Export Sanctioned Goods – Syria) Designation Amendment 2013
The Autonomous Sanctions (Export Sanctioned Goods – Syria) Designation Amendment 2013 does not engage, and is therefore 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.