Charter of the United Nations Act 1945 Listing 2016 (No. 1)

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Legislation au C2016G01536 In force Gazette

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Charter of the United Nations Act 1945 Listing 2016 (No. 1)

 

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 24 November 2016

 

 

[signed]

 

JULIE BISHOP

Minister for Foreign Affairs

 

 

 

1  Name of Listing

This Listing is the Charter of the United Nations Act 1945 Listing 2016 (No. 1).

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 and entities 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: Asim Umar

Aliases: Sanaul Haq, Asim Umer, Maulana Asim Umar

Date of birth: 1974, 1975 or 1976

Place of birth: Sambhal, Uttar Pradesh, India

Address: Afghanistan, Pakistan, Bangladesh

Citizenship: India

Additional information: Umar was a Tehrik-e-Taliban Pakistan military commander and Al-Qaida propagandist prior to being named the leader of Al-Qaida in the Indian Subcontinent (AQIS) in September 2014.

 

The listing of the following entities is necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Al-Qaida in the Indian Subcontinent

Aliases: AQIS, al-Qa‘ida in the Indian Subcontinent, Jamā‘at Qā‘idat al-Jihād fī Shibh al-Qārrah al-Hindīyah, Organisation of the Base of Jihad in the Indian Subcontinent, Qaedat Al-Jihad in the Indian Subcontinent

Original script: جماعة قاعدة الجهاد في شبه القارة الهندية‎

Address: Bangladesh, India, Myanmar, Pakistan

Additional information: AQIS is an Al-Qaida-affiliated extremist group, established in September 2014 with the purpose of advancing Al-Qaida’s ideology in South Asia.

Primary Name: ISIL-Libya

Aliases: Islamic State in Libya; IS–Libya; Islamic State–Libya; Islamic State of Iraq and the Levant–Libya; Islamic State of Iraq and al-Sham–Libya; Islamic State of Iraq and Syria Libya; ISIS-Libya; Wilayat Barqa; Wilayat Barqah; Wilayat Fezzan; Wilayat Tripolitania; Wilayat Tarablus; Wilayat al-Tarabulus; Da’esh-Libya

Address: Libya

Additional information: ISIL-Libya is an ISIL-affiliated extremist group, which adheres to ISIL’s global jihadist ideology.


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

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

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.

 

Overview

The Charter of the United Nations Act 1945, enacted in 1945, aims to enable Australia to implement the obligations arising under the Charter of the United Nations. This Act was introduced to address the need for Australia to participate effectively in the international community through the United Nations, ensuring compliance with international obligations and promoting global peace and security. The enactment of this Act by the Australian Parliament reflects the policy objective of supporting the United Nations' mission and its resolutions, particularly in maintaining international peace and security. The Act allows Australia to give effect to United Nations Security Council resolutions, such as Resolution 1373, by enabling the listing of individuals and entities that pose a threat to international peace and security, thereby facilitating coordinated international action against terrorism and its financing.

Scope and Application

The Charter of the United Nations Act 1945 Listing 2016 (No. 1) applies to specific individuals and entities listed in Schedule 1, necessary to implement United Nations Security Council Resolution 1373. This listing is effective from the date of its gazette publication and is aimed at giving effect to the decisions of the United Nations Security Council, particularly those under paragraph 1(c) of Resolution 1373 (2001). The Act applies to the individuals and entities identified in Schedule 1, including Asim Umar and entities like Al-Qaida in the Indian Subcontinent and ISIL-Libya, which are deemed to be in support of terrorism or terrorist activities. The listing process ensures that the Minister for Foreign Affairs is satisfied that the individuals or entities meet the criteria set out in Resolution 1373. The Department of Foreign Affairs and Trade maintains a consolidated list of all listed persons, entities, and assets, which is publicly available online. The Act also provides mechanisms for listed entities to request a statement of reasons for their listing and to apply for the revocation of their listing or for a sanctions permit to deal with frozen assets. The scope of the Act extends to all persons and entities listed in Schedule 1, and its application is governed by the Charter of the United Nations (Dealing with Assets) Regulations 2008.

Key Provisions

The Charter of the United Nations Act 1945 Listing 2016 (No. 1), issued by the Minister for Foreign Affairs, Julie Isabel Bishop, under subsection 15(1) of the Charter of the United Nations Act 1945, is effective from its gazette publication on 24 November 2016. The listing aims to enforce United Nations Security Council Resolution 1373 by targeting specific individuals and entities associated with terrorism, as per section 15 of the Act. The listed individuals and entities include Asim Umar, also known by several aliases, and entities such as Al-Qaida in the Indian Subcontinent (AQIS) and ISIL-Libya, among others. The Act imposes obligations on various parties and entities by mandating that the Minister must be satisfied that the listed individuals and entities fall under paragraph 1(c) of Resolution 1373 (2001). It further requires the Department of Foreign Affairs and Trade to maintain and publish a list of all listed persons, entities, assets, and classes of assets on their website, as per section 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Listed entities and individuals have the right to request an unclassified statement of reasons for their listing and can apply for revocation of their listing to the Minister for Foreign Affairs. Failure to comply with the provisions of the Act may result in civil and criminal consequences. Under the Charter of the United Nations (Dealing with Assets) Regulations 2008, individuals and entities found in violation of the Act may face fines, imprisonment, or both. The maximum penalty for contravening the Act can be significant, depending on the nature and severity of the breach, and is intended to enforce compliance with the Act’s provisions and the related United Nations Security Council resolutions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.