Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2019
I, MARISE PAYNE, Minister for Foreign Affairs, make the following declaration
Dated 17 September 2019
MARISE PAYNE
Minister for Foreign Affairs
1 Name of Declaration
This Declaration is the Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2019.
2 Commencement
This Declaration commences upon signature.
3 Authority
This Declaration is made under section 15A of the Charter of the United Nations Act 1945 (the Act).
4 Persons, entities and assets
For section 15A of the Act, I am satisfied on reasonable grounds that the persons and entities specified in Schedule 1 are persons and entities mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001) and declare that their listing under section 15 of the Act continues to have effect.
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 United Nations Security Council Resolution 1373 (2001).
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 entities continue to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of Resolution 1373 (2001):
Primary Name: Continuity IRA Aliases: CIRA Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 20 March 2002. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The Continuity IRA (CIRA) is an extreme militant Irish republican group that emerged from a split in the Provisional Irish Republican Army (PIRA) and became active in opposition to PIRA’s ceasefire declaration in 1994.
Primary Name: Loyalist Volunteer Force Aliases: LVF Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 20 March 2002. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The Loyalist Volunteer Force (LVF) was formed in 1996 from disaffected members of the mid-Ulster brigade of the Ulster Volunteer Force (UVF).
Primary Name: Orange Volunteers Aliases: OV, Orange Volunteer Force, OVF Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 20 March 2002. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The original ‘Orange Volunteers’ (OV) was a loyalist paramilitary group, which formed in the early 1970s and was associated with the ‘Orange Order’ (one of the unionist Protestant fraternal societies in Northern Ireland). During the 1980s the Orange Order disbanded. In 1998, a loyalist paramilitary group using the name ‘Orange Volunteers’, claimed responsibility for a number of attacks.
Primary Name: Real IRA Aliases: 32 County Sovereignty Committee, Irish Republican Army, The New IRA, Real Irish Republican Army, Real Óglaigh na hÉireann, RIRA, The Republican Action Against Drugs, RAAD, IRA Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 21 December 2001. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The Real IRA (RIRA) is an Irish republican paramilitary organisation based in Northern Ireland. Founded in 1997, it was originally composed of former members of the Provisional IRA (PIRA) who opposed the PIRA’s engagement in the peace process that would eventually lead to the Good Friday peace agreement in 1998. In July 2012, the RIRA announced that it was merging with the Republican Action Against Drugs (RAAD) and a coalition of unaffiliated armed republican groups into ‘a unified structure, under a single leadership’ and reclaiming the banner of the ‘Irish Republican Army’, and also now known as the ‘New IRA’.
Primary Name: Red Hand Defenders Aliases: RHD Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 20 March 2002. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The Red Hand Defenders (RHD) is a loyalist paramilitary entity that formed in 1998. The RHD opposes the peace process and peace agreements, including the Good Friday Agreement.
Primary Name: Ulster Defence Association Aliases: Ulster Freedom Fighters, UDA, UFF Address: Northern Ireland Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 20 March 2002. The listing was declared by the Foreign Minister on 4 October 2016 to continue in effect. Additional information: The Ulster Defence Association (UDA) is the largest loyalist paramilitary group in Northern Ireland history. It was formed in September 1971 from a number of loyalist vigilante groups.
Primary Name: Aum Shinrikyo Aliases: AIC Comprehensive Research Institute, AIC Sogo Kenkyusho, Aleph, Aum Supreme Truth, Hikari no Wa, Circle of Light Address: Japan; Russia Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 21 December 2001. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: Aum Shinrikyo is a Japanese cult that combines tenets from Buddhism and Hinduism. The movement was founded by Shoko Asahara in Tokyo in 1984, starting off as a yoga and meditation class and steadily growing to gain official status as a religious organisation in 1989. The Japanese government revoked its recognition of AUM as a religious organisation following AUM’s deadly sarin gas attack on three subway lines in Tokyo in 1995.
Primary Name: Babbar Khalsa Aliases: Babba Khalsa, Babba Khalsa International Address: India; Pakistan Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 12 June 2002. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: Tracing its origin back to 1920, Babbar Khalsa is one of the oldest and most organised Sikh terrorist-secessionist groups. Babbar Khalsa in its present form, however, appears to have been established in 1980.
Primary Name: International Sikh Youth Federation Aliases: ISYF Address: Pakistan; United Kingdom; India Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 16 June 2002. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: The International Sikh Youth Federation (ISYF) is a secessionist group founded in the United Kingdom in 1984 as the international arm of the All Indian Sikh Students’ Federation. Chapters of ISYF were later opened throughout the UK, Germany, Canada and the United States.
Primary Name: Liberation Tigers of Tamil Eelam Aliases: LTTE, Tamil Tigers, Ellalan Force Address: Sri Lanka Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 21 December 2001. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: The Liberation Tigers of Tamil Eelam is a Sri Lankan separatist militant group that was formed in 1976 by Vellupillai Prabhakaran. The LTTE’s primary stated objective is to establish an independent Tamil homeland in northern and eastern Sri Lanka.
Primary Name: New People’s Army/Communist Party of the Philippines Aliases: NPA, NPA/CPP Address: Philippines Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 October 2002. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: Formed in March 1969. The New People’s Army is the armed wing of the Communist Party of the Philippines. The CPP seeks to create a Communist State within the Philippines through engaging in a ‘protracted people’s war’ and ‘guerrilla warfare’.
Primary Name: Jose Maria Sison Address: Netherlands Date of Birth: 8 February 1939 Place of Birth: Ilocos Sur, Northern Luzon, Philippines Citizenship: Philippines Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 October 2002. The listing was declared by the Foreign Minister on 5 October 2016 to continue in effect. Additional information: In 1969 Sison founded the Central Committee of the Communist Party of the Philippines (listing 353) and he also served as Chairman. Sison also founded the Party’s military wing, the New People’s Army (listing 353), in March 1969.
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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.