Charter of the United Nations Act 1945 Listing 2015 (No. 3)
I, JULIE ISABEL BISHOP, Minister for Foreign Affairs, issue this listing under subsection 15 (1) of the Charter of the United Nations Act 1945.
Dated 19 August 2015
[signed]
JULIE BISHOP
Minister for Foreign Affairs
1 Name of Listing
This Listing is the Charter of the United Nations Act 1945 Listing 2015 (No 3).
2 Commencement
This Listing commences on gazettal.
3 Persons, entities and assets
For subsection 15(1) of the Charter of the United Nations Act 1945 (the Act), the listing under section 15 of the Act of the person in Schedule 1 is necessary to give effect to paragraph 1 (c) of United Nations Security Council Resolution 1373.
Note 1: Under section 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Minister must be satisfied that the person or entity is mentioned in paragraph 1 (c) of Resolution 1373 (2001) of the Security Council of the United Nations.
Note 2: Under section 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Department of Foreign Affairs and Trade maintains a list of all persons, entities, assets and classes of assets currently listed under section 15 of the Act, and has published this list on the internet at www.dfat.gov.au/sanctions/consolidated-list.html.
Note 3: Additional information about the listing of persons and entities under section 15 of the Act is set out in Schedule 2.
Schedule 1
The listing of the following person is necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):
Primary Name: Mostafa Mahamed Aliases: Mostafa Mohamed Abdel Hamid, Mostafa Mohamed Farag, Mostafa Farag, Abu Sulayman al Muhajir, Abu Sulayman al Australi, Abu Sulayman al Ustrali Date of birth: 14 February 1984 Place of birth: Port Said, Egypt Address: Syria Citizenship: Australian (acquired 22 January 1985), Egyptian Additional information: Australian Passport number M1898709 (cancelled 11 October 2012)
Drivers Licence number 13652517 (NSW) (expired 19 April 2014) |
Charter of the United Nations Act 1945 Listing 2015 (No. 3)
Schedule 2
Request for statement of reasons
The Department of Foreign Affairs and Trade will provide a listed person or entity with an unclassified statement of reasons for his, her or its listing. Requests may be submitted in writing to:
Director, Legal
Sanctions Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to asset.freezing@dfat.gov.au.
Application for revocation of a listing
A listed person or entity may apply to the Minister for Foreign Affairs to have his, her or its listing revoked. The application must be in writing and set out the circumstances relied upon to justify the application. Applications may be submitted to:
The Minister for Foreign Affairs
C/o Director, Legal
Sanctions Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to asset.freezing@dfat.gov.au.
Application for sanctions permit to use or deal with frozen assets
The owner or holder of a frozen asset may apply for authorisation to use or deal with the asset in a specified way. The application must be in writing and specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Applications may be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System at https://sanctions.dfat.gov.au.
Charter of the United Nations Act 1945 Listing 2015 (No. 3)
Overview
The Charter of the United Nations Act 1945 was enacted to facilitate Australia's compliance with its obligations under the Charter of the United Nations and to provide a legal framework for implementing United Nations Security Council resolutions. The 1945 Act allows Australia to give effect to Security Council resolutions, including those related to international peace and security, by empowering the Australian government to take appropriate measures. The Charter of the United Nations Act 1945 Listing 2015 (No. 3), issued under subsection 15(1) of the Act by the Minister for Foreign Affairs, Julie Bishop, aims to implement United Nations Security Council Resolution 1373, which addresses the financing of terrorism. This listing, which came into effect upon gazettal, involves the identification of individuals and entities associated with terrorism, thereby reinforcing Australia's commitment to international efforts in combating terrorism financing.
Scope and Application
The Charter of the United Nations Act 1945 Listing 2015 (No. 3) pertains specifically to the listing of an individual under subsection 15(1) of the Charter of the United Nations Act 1945. This listing is issued by the Minister for Foreign Affairs to give effect to paragraph 1(c) of United Nations Security Council Resolution 1373, which addresses the freezing of assets of individuals and entities associated with terrorism. The listed individual in this particular listing is Mostafa Mahamed, also known by several aliases, who is subject to sanctions due to their connection to terrorism activities. The listing encompasses the freezing of his assets as a measure to combat terrorism financing and support. The listing applies nationally within Australia and is enforced through the Charter of the United Nations (Dealing with Assets) Regulations 2008, which detail the procedures for listing and the maintenance of a consolidated list of sanctioned individuals and entities. The listing came into effect upon gazettal and can be subject to revocation or permit applications as outlined in the regulations.
Key Provisions
The Charter of the United Nations Act 1945 Listing 2015 (No. 3) pertains to the listing of individuals and entities under the Charter of the United Nations Act 1945. The listing is made under subsection 15(1) of the Act, which is necessary to give effect to paragraph 1(c) of United Nations Security Council Resolution 1373 (section 1). This resolution is concerned with preventing the financing of terrorism and freezing the assets of individuals and entities associated with terrorism or terrorist activities. The listing came into effect on the date of its gazette, 19 August 2015 (section 2).
The Act imposes specific obligations on the listed individuals and entities, requiring them to comply with asset-freezing measures as outlined in the Charter of the United Nations (Dealing with Assets) Regulations 2008. The Minister for Foreign Affairs is responsible for ensuring that the listed individuals or entities are indeed mentioned in paragraph 1(c) of Resolution 1373 (section 20 of the Regulations). Additionally, the Department of Foreign Affairs and Trade maintains and publishes a list of all listed individuals, entities, and assets on their website, which is updated regularly (section 40 of the Regulations).
Failure to comply with the provisions of the Act and the Regulations can result in civil and criminal penalties. While the specific penalties are not detailed in the listing, the general legal framework under which the Act operates includes both civil and criminal sanctions. Under the Charter of the United Nations Act 1945, individuals or entities found in breach of the asset-freezing provisions may face fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the seriousness of contravening international obligations related to counter-terrorism financing.