Explanatory Statement
Issued by the Authority of the Minister for Foreign Affairs
Autonomous Sanctions Regulations 2011
Autonomous Sanctions (Suspension of Sanctions – Syria) Instrument 2025
Sections 10 and 28 of the Autonomous Sanctions Act 2011 (the Act) provide that the Autonomous Sanctions Regulations 2011 (the Regulations) may make provision relating to, among other things, restriction or prevention of the supply, sale or transfer of goods or services, and restriction or prevention of the procurement of goods or services.
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.
In particular, the Regulations provide for an autonomous sanctions framework relating to Syria by prohibiting a person from engaging in particular conduct.
Section 16 of the Act provides that it is an offence to engage in conduct that contravenes a sanction law. A sanction law is a provision that is specified in a legislative instrument under subsection 6(1) of the Act. Pursuant to the Autonomous Sanctions (Sanction Law) Declaration 2012, the Minister has specified regulations 12, 12A, 13, 13A, 14, 15 and 16 of the Regulations as sanction law.
This instrument suspends certain sanctions that would otherwise constitute a sanctioned commercial activity under regulation 5A of the Regulations, and is made under regulation 5D. Regulation 5D of the Regulations authorises the Minister for Foreign Affairs (the Minister) if satisfied that it is in the national interest to do so, by legislative instrument, to suspend sanctions measures.
The purpose of this Instrument is to lift certain autonomous sanctions relating to Syria to support and facilitate the interim government’s transition and stability. To achieve this objective, this Instrument will suspend certain aspects of Australia’s autonomous sanctions in relation to Syria’s energy and financial sectors. As a result of this instrument, engaging in the relevant activity will not be prohibited by regulation 13 of the Regulations, and consequently, would not constitute an offence under section 16 of the Act.
Details of the amendments are set out in Attachment A.
For paragraph 15J(2)(e) of the Legislation Act 2003, no public consultation was undertaken in relation to this instrument, as it is an instrument that is of minor regulatory impact as it removes, and does not add to, the legislative obligations on the Australian community. These amendments were subject to consultation within government and there were no other persons with whom it was appropriate or reasonably practicable to undertake consultation. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian regulated community to explain sanctions laws implementing Australia’s autonomous sanctions.
The Office of Impact Analysis (OIA) has advised that a Regulation Impact Statement is not required (reference: OIA25-09967).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Autonomous Sanctions (Suspension of Sanctions – Syria) Instrument 2025
This Legislative Instrument 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 Legislative Instrument
Sections 10 and 28 of the Autonomous Sanctions Act 2011 (the Act) provide that the Autonomous Sanctions Regulations 2011 (the Regulations) may make provision relating to, among other things, restriction or prevention of the supply, sale or transfer of goods or services, and restriction or prevention of the procurement of goods or services.
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.
In particular, the Regulations provide for an autonomous sanctions framework relating to Syria by prohibiting a person from engaging in particular conduct.
This instrument suspends certain sanctions that would otherwise constitute a sanctioned commercial activity under regulation 5A of the Regulations, and is made under regulation 5D. Regulation 5D of the Regulations authorises the Minister if satisfied that it is in the national interest to do so, by legislative instrument, to suspend sanctions measures.
The purpose of this Instrument is to lift certain autonomous sanctions relating to Syria to support and facilitate the interim government’s transition and stability. To achieve this objective, this Instrument will suspend certain aspects of Australia’s autonomous sanctions in relation to Syria’s energy and financial sectors.
Human Rights Implications
This Legislative Instrument engages the right to an adequate standard of living, including food, water and housing.
Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) provides for the right to an adequate standard of living including adequate food, clothing and housing, and to the continuous improvement of living conditions.
This Instrument positively engages Article 11 of the ICESCR by lifting sanctions on the energy and financial sectors to enable rebuilding efforts in Syria, which will in turn improve the living conditions of Syrian nationals.
Conclusion
The Legislative Instrument is compatible with human rights because it promotes the protection of human rights.
Attachment A
Autonomous Sanctions (Suspension of Sanctions - Syria) Instrument 2025
Section 1
This section provides that the title of the instrument is the Autonomous Sanctions (Suspension of Sanctions - Syria) Instrument 2025.
Section 2
Subsection 2(1) provides that the instrument 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 instrument.
Section 3
This section provides that the instrument is made under regulation 5D of the Regulations.
Section 4
This section sets out the definitions used in the instrument. It also notes that a number of expressions used in the instrument are defined in the Regulations.
Section 5
This section provides that, for paragraph 5D(d) of the Regulations, each activity mentioned in regulation 5A of the Regulations is not a sanctioned commercial activity.
Regulation 5A provides that certain dealings relating to the energy and financial sectors relating to persons or entities with particular connections to Syria are ‘sanctioned commercial activities’, such that a person who engages in such activity that is not an authorised commercial activity, would contravene the Regulations pursuant to regulation 13A and commit an offence under section 16 of the Act.
Section 5 of this instrument, by providing that each of the activities mentioned in regulation 5A is not a sanctioned commercial activity, will have the effect that engaging in those activities will not be prohibited by the Regulations. The effect of this section also means that the provision to a person of an investment service if it assists with, or is provided in relation to, such a commercial activity will no longer constitute a ‘sanctioned service’ for the purposes of regulations 5(2B) and 13 of the Regulations, and therefore would not amount to an offence under section 16 of the Act.