Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018, enacted to address the need for Australia to implement United Nations Security Council resolutions, was made by Julie Bishop, the Minister for Foreign Affairs, under section 15A of the Charter of the United Nations Act 1945. This legislation targets the Islamic State Sinai Province, an extremist group affiliated with ISIL, to align with international efforts against terrorism as outlined in United Nations Security Council resolution 1373 (2001). The policy objective of this declaration is to continue enforcing the sanctions against this entity, ensuring compliance with international obligations and contributing to global security efforts. The declaration ensures that the listing of the Islamic State Sinai Province under Australian law remains effective, reflecting the ongoing threat this group poses to international peace and security.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018, signed by the Minister for Foreign Affairs, applies to the entity Islamic State Sinai Province, an ISIL-affiliated extremist group operating in Egypt. This Declaration is made under section 15A of the Charter of the United Nations Act 1945, which mandates the listing of individuals and entities in line with United Nations Security Council resolutions, specifically Resolution 1373 (2001). The Declaration ensures the continued legal effect of the entity's listing, which involves the freezing of assets and restrictions on dealing with listed assets. This legal instrument underscores Australia's commitment to international sanctions aimed at combating terrorism. The application of this Act extends to the Commonwealth of Australia, and it is administered through subordinate regulations, including the Charter of the United Nations (Dealing with Assets) Regulations 2008, which detail the procedures for listing and delisting entities. The Department of Foreign Affairs and Trade maintains and publishes the list of all sanctioned entities, which is accessible online. Additionally, listed persons or entities have the right to request a statement of reasons for their listing and to apply for the revocation of their listing or for a sanctions permit to use or deal with frozen assets.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018 (sections 1-4) constitutes a formal declaration by the Minister for Foreign Affairs, Julie Bishop, under section 15A of the Charter of the United Nations Act 1945. This declaration identifies the Islamic State Sinai Province as an entity mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001), and affirms the ongoing effect of its listing under section 15 of the Act. The declaration was signed on 8 February 2018 and came into effect immediately upon signature, as stipulated in section 2. This legal instrument mandates that the entity's listing under the Act, initially established by the Minister on 24 February 2015, remains in force to align with the UN Security Council's decision. Entities and individuals governed by this Act must comply with several obligations and requirements. Under section 15A, the Minister must be satisfied on reasonable grounds that the entity in question is indeed one that warrants listing under the Act. The Minister must also provide a statement of reasons for the listing to any person or entity that requests it, as outlined in Schedule 2. Furthermore, listed entities have the right to apply to the Minister for Foreign Affairs for the revocation of their listing, provided that the application is made in writing and outlines the circumstances justifying the request. Additionally, individuals or entities that own or hold frozen assets may apply for a permit to use or deal with these assets in a specified manner, which must also be done in writing and submitted through the Department of Foreign Affairs and Trade's Online Sanctions Administration System. The Charter of the United Nations Act 1945 imposes civil and criminal penalties for breaches of its provisions. Section 15 of the Act allows for the freezing of assets of listed entities, and failure to comply with this requirement can result in significant legal consequences. The maximum penalties for breaches of the Act are not explicitly stated in the provided text, but generally, such offences can lead to substantial fines and imprisonment, depending on the severity of the violation. The obligations and requirements set forth in the Act are designed to ensure compliance with international sanctions and to uphold the objectives of the United Nations Security Council resolutions.