Autonomous Sanctions (Import Sanctioned Goods - Syria) Specification 2012

Overview

The Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 was enacted to address the need for imposing sanctions on Syria in response to its actions that threatened regional stability and contravened international law. This legislation was introduced to ensure Australia's alignment with global efforts to apply economic pressure on Syria. The Specification was made by Bob Carr, the Minister for Foreign Affairs, under the authority of the Autonomous Sanctions Regulations 2011. The primary objective of this Specification is to specify certain goods that are subject to import sanctions when imported into Australia from Syria, thereby reinforcing Australia's commitment to international sanctions aimed at influencing Syria's policy and behaviour. This Specification aims to restrict the import of specific goods that could potentially contribute to Syria's military capabilities or economic stability, thus playing a part in the broader international strategy to curb Syria's detrimental activities. By detailing which goods are subject to these sanctions, the legislation seeks to provide clarity and enforceability in the implementation of these measures within Australia. The Specification's enactment underscores Australia's dedication to participating in collective international efforts to address significant global security concerns posed by Syria's actions.

Scope and Application

The Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 applies to the import of specified goods from Syria, particularly crude oil, petroleum products, and petrochemical products. This legislation is made under the authority of the Autonomous Sanctions Regulations 2011 and is effective from the date the regulation commences. The specification outlines a list of goods, identified by their Tariff Codes, that are subject to import sanctions. These sanctions apply to any person or entity importing the listed goods from Syria into Australia, with certain exceptions such as fuel used for the operation of vessels and kerosene jet fuel used for aircraft operations in Syria. The sanctions can be triggered by contracts concluded before or after the goods are listed, with varying effective dates depending on the nature of the contract. The scope of this legislation is national, applying across all states and territories of Australia, and it does not include certain types of fuel as specified. Any modifications or extensions to the application of this specification can be made through subordinate instruments.

Key Provisions

The Autonomous Sanctions (Import Sanctioned Goods – Syria) Specification 2012 (section 1) specifies certain goods that are subject to import sanctions when imported into Australia from Syria. The Specification applies to goods listed in Schedule 1, which includes crude oil and petroleum products (Part 1) and petrochemical products (Part 2) (section 4). The effective date for the specification of an import sanctioned good is either the thirtieth day following the listing date for goods subject to certain contracts or agreements concluded before the listing date, or the listing date for all other goods (section 5). Certain kinds of fuel are excluded from the scope of the import sanctioned goods, such as fuel carried on board a vessel in its bunker tanks solely for consumption on that vessel, and kerosene jet fuel of Tariff Code 2710 19 21 purchased in Syria intended and used solely for the purpose of the continuation of the flight operation of the aircraft into which the jet fuel is loaded (section 6). Entities and individuals subject to the Specification must ensure that they do not import the specified goods from Syria, either directly or indirectly, without a permit issued by the Minister for Foreign Affairs (regulation 4A of the Autonomous Sanctions Regulations 2011). This includes any goods that are listed in Schedule 1 of the Specification, as well as any goods that are substantially similar to those listed, or that are derived from or produced using the listed goods. The Specification applies to all Australian citizens, entities incorporated or formed under the laws of Australia, and all persons in Australia, as well as to all persons and entities outside Australia who are subject to the jurisdiction of Australia. Breach of the Specification may result in criminal and civil penalties. Under section 27AB of the Autonomous Sanctions Act 1992, any person who contravenes the Specification is liable to a criminal penalty of up to 5,000 penalty units or imprisonment for up to five years, or both. Under section 27AC of the Act, any person who contravenes the Specification is also liable to a civil penalty of up to 10,000 penalty units. Further, under section 27AD of the Act, any person who is found to have contravened the Specification may be subject to an order by the Federal Court requiring the person to pay compensation to any person who suffered loss or damage as a result of the contravention. The maximum penalties for these offences are significant and reflect the serious nature of the contravention of the Specification.