Charter of the United Nations Act 1945 Listing Declaration (No. 3) 2018

Overview

The Charter of the United Nations Act 1945 Listing Declaration (No. 3) 2018 was enacted to address the issue of maintaining the effectiveness of sanctions imposed by the United Nations Security Council. This legislation was introduced to provide the necessary legal framework to continue listing individuals and entities under the Charter of the United Nations Act 1945. Enacted by the Commonwealth Parliament, the Declaration aims to ensure Australia's compliance with international obligations under United Nations Security Council Resolution 1373 (2001) by continuing the listing of individuals who are identified as posing a threat to international peace and security. The policy objective is to support global efforts in combating terrorism by preventing listed individuals from accessing financial resources and other assets within Australia.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 3) 2018, made by the Minister for Foreign Affairs under section 15A of the Act, applies to the listing of a specific individual, Mostafa Mahamed, who is identified as a person mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). The declaration ensures that the listing of this individual continues to have effect, in alignment with the UN Security Council's decision. The application of this Act is national, with its scope encompassing the listing and management of assets associated with individuals and entities involved in terrorist activities as defined by the United Nations. The Act extends its reach through subordinate instruments, such as the Charter of the United Nations (Dealing with Assets) Regulations 2008, which provide additional mechanisms for listing, providing statements of reasons, and applying for revocation of listings or permits to deal with frozen assets. This comprehensive framework underscores the Commonwealth's commitment to enforcing international sanctions aimed at combating terrorism.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 3) 2018 (the Declaration) is a formal notification issued under section 15A of the Charter of the United Nations Act 1945 (the Act). This particular declaration, signed by the Minister for Foreign Affairs on 14 August 2018, asserts that the individual named in Schedule 1 of the Declaration, Mostafa Mahamed, remains listed under section 15 of the Act due to his association with entities mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). The declaration serves to continue the legal effect of this listing, ensuring compliance with international obligations under the UN Charter. The Declaration imposes specific obligations on the Minister for Foreign Affairs and other relevant parties. Primarily, it mandates the ongoing listing of Mostafa Mahamed in accordance with the Act and the relevant UN Security Council resolution. It also outlines the process for listed individuals to request statements of reasons for their listing, as well as procedures for applying for the revocation of their listing. The Department of Foreign Affairs and Trade is tasked with maintaining a consolidated list of all entities currently listed under section 15 of the Act, which is publicly accessible on their website. Furthermore, the Declaration ensures that the Minister and the Department handle applications for permits to deal with frozen assets, subject to specific criteria outlined in the Charter of the United Nations (Dealing with Assets) Regulations 2008. Failure to comply with the provisions of the Declaration and the related regulations can result in significant legal consequences. Under the Charter of the United Nations Act 1945, any person or entity that contravenes the provisions regarding listed individuals or assets can face severe penalties. Specifically, the Act provides for civil and criminal penalties, including fines and imprisonment. For example, under section 17 of the Act, a person who contravenes a provision of the Act may be liable to a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. Additionally, corporations that fail to comply with the Act may face fines of up to 25,000 penalty units. These penalties underscore the seriousness with which the Australian government treats breaches of international sanctions and obligations under the Charter of the United Nations.