Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2018

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2018 was enacted to provide a mechanism for implementing United Nations Security Council resolutions in Australian domestic law. This particular Declaration, signed by Julie Bishop, the Minister for Foreign Affairs, on 10 May 2018, serves to continue the listing of an individual under the Charter of the United Nations Act 1945. The enactment of this Declaration addresses the need to comply with United Nations Security Council Resolution 1373 (2001), which mandates the freezing of assets of individuals associated with terrorism. The policy objective is to ensure that Australia adheres to its international obligations by maintaining and updating the list of sanctioned individuals, thus supporting global efforts to combat terrorism and related activities.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2018, made under section 15A of the Act, is a declaration by the Minister for Foreign Affairs, Julie Bishop, that a person specified in Schedule 1 is listed under section 15 of the Act, continuing to give effect to a decision of the United Nations Security Council. This listing is pursuant to paragraph 1(c) of resolution 1373 (2001) and applies to the individual named, Neil Christopher Prakash, an Australian citizen with various aliases and multiple addresses noted in the schedule. The listing remains in effect to ensure compliance with international obligations set by the United Nations Security Council. The declaration commences upon signature and is subject to the Charter of the United Nations (Dealing with Assets) Regulations 2008, which provide guidelines for the listing and management of assets of individuals and entities affected by such sanctions. The Department of Foreign Affairs and Trade maintains a consolidated list of all listed persons, entities, and assets, available on their website.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2018 (the Declaration), signed by the Minister for Foreign Affairs, Julie Bishop, under section 15A of the Charter of the United Nations Act 1945 (the Act), serves to continue the listing of a specific individual under the Act. This individual, Neil Christopher Prakash, has been identified as a person mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). The Declaration affirms the necessity of maintaining this listing to comply with international obligations set forth by the United Nations Security Council. Under the Act, the Minister for Foreign Affairs is required to be satisfied on reasonable grounds that the individual or entity listed is indeed a person or entity mentioned in paragraph 1(c) of Resolution 1373 (2001). This involves ensuring that the listing remains relevant and necessary for maintaining international security and preventing acts of terrorism. The Department of Foreign Affairs and Trade (DFAT) maintains and publishes a consolidated list of all persons, entities, assets, and classes of assets currently listed under section 15 of the Act. The obligations imposed on the listed individual, Neil Christopher Prakash, include restrictions on their ability to engage in activities that could facilitate terrorism. This includes the freezing of assets, which means that any assets owned or controlled by the individual are subject to legal restrictions, preventing them from being used in ways that could contribute to terrorist activities. The individual is also prohibited from entering or transiting Australia, and any Australian citizen or permanent resident is forbidden from providing financial services or resources to the listed individual. Breaches of the Act can lead to serious consequences, both civil and criminal. Under the Charter of the United Nations (Dealing with Assets) Regulations 2008, individuals or entities that contravene the provisions of the Act may be subject to fines and imprisonment. The maximum penalties for breaches of the Act include substantial fines and imprisonment terms, reflecting the seriousness of the offences. Additionally, the Department of Foreign Affairs and Trade is responsible for providing listed individuals with an unclassified statement of reasons for their listing upon request, allowing them to understand the basis for their inclusion on the sanctions list.