Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016

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Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016

 

I, JULIE ISABEL BISHOP, Minister for Foreign Affairs, make this declaration under subsection 15A (2) of the Charter of the United Nations Act 1945.

 

Dated 11 Nov 2016

 

 

[signed]

 

JULIE BISHOP

Minister for Foreign Affairs

 

 

 

1  Name of Declaration

This Declaration is the Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016.

2  Commencement

This Declaration commences upon signature.

3  Persons, entities and assets

For section 15A of the Charter of the United Nations Act 1945 (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 each of their listings 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 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 entities continues 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: Basque Fatherland and Liberty

Aliases: ETA, Euzkadi Ta Askatasuna, Basque Homeland and Liberty

Address: Spain, France

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Basque Fatherland and Liberty (ETA) is an armed Basque nationalist and separatist organization that was established in 1959. Since its establishment, it has evolved into a paramilitary group with the objective of creating an independent socialist Basque state in northern Spain and southwestern France.

Primary Name: First of October Antifascist Resistance Group

Aliases: GRAPO, Grupos de Resistencia Antifascista Primero de Octubre

Address: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The First of October Antifascist Resistance Group (GRAPO) was officially founded in August 1975.  It was formed as the armed wing of the Reconstituted Spanish Communist Party.

The listing of the following persons continues 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: Aitzol IRIONDO YARZA

Address: France (imprisoned)

Date of birth: 8 March 1977

Place of birth: San Sebastian, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 72.467.565.  Associated with ETA (Consolidated List reference 273).

 

Primary Name: Elena María BELOQUI RESA

Alias: María Elena BELOQUI RESA

Address: Unknown

Date of birth: 12 June 1961

Place of birth: Llodio-Areta, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 14.956.327.  Associated with ETA (Consolidated List reference 273).

Primary Name: Eneko GOGEASCOECHEA ARRONATEGUI

Address: Spain (imprisoned)

Date of birth: 29 April 1967

Place of birth: Guernica (Vizcaya), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 44.556.097.  Associated with ETA (Consolidated List reference 273).

Primary Name: Eusebio ARZALLUS TAPIA

Alias: Paticorto

Address: Unknown

Date of birth: 8 November 1957

Place of birth: Regil (Guipuzcoa), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 15.927.207.  Associated with ETA (Consolidated List reference 273).

Primary Name: Fermín VILA MICHELENA

Address: Spain (imprisoned)

Date of birth: 12 March 1970

Place of birth: Irzn (Guipuzcoa), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 15.254.214.  Associated with ETA (Consolidated List reference 273).

 

 

Primary Name: Gorka PALACIOS ALDAY

Address: France (imprisoned)

Date of birth: 17 October 1974 or 1975

Place of birth: Baracaldo (Biscay), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 12 June 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 30.654.356.  Associated with ETA (Consolidated List reference 273).

Primary Name: Iñigo VALLEGO FRANCO

Alias: Iñigo VALLEJO FRANCO

Address: Spain (imprisoned)

Date of birth: 21 May 1975

Place of birth: Bilbao, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 29.036.694.  Associated with ETA (Consolidated List reference 273).

Primary Name: Itziar ALBERDI URANGA

Address: Spain (imprisoned)

Date of birth: 7 October 1963

Place of birth: Durango (Vizcaya), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 78.865.693.  Associated with ETA (Consolidated List reference 273).

Primary Name: Iván APAOLAZA SANCHO

Address: Spain (imprisoned)

Date of birth: 10 November 1971

Place of birth: Beasain (Guipuzcoa), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 12 June 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 44.129.178.  Associated with ETA (Consolidated List reference 273).

Primary Name: José Antonio URRUTICOECHEA BENGOECHEA

Alias: José Antonio URRUTICOETXEA BENGOECHEA

Address: Unknown

Date of birth: 24 December 1950

Place of birth: Miravalles, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 14.884.849.  Associated with ETA (Consolidated List reference 273).

Primary Name: José Ignacio Reta DE FRUTOS

Aliases: Joseba Inaki Reta DE FRUTOS, Joseba Inaki Reta FRUIT

Address: France (imprisoned)

Date of birth: 3 July 1959

Place of birth: Elorrio, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 72.253.056.  Associated with ETA (Consolidated List reference 273).

Primary Name: Juan Jesús NARVÁEZ GOÑI

Address: Spain (imprisoned)

Date of birth: 23 February 1961

Place of birth: Pamplona (Navarra), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 15.841.101.  Associated with ETA (Consolidated List reference 273).


Primary Name: Juan Luis RUBENACH ROIG

Address: France (imprisoned)

Date of birth: 18 September 1963 or 1964

Place of birth: Bilbao (Biscay), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 12 June 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 18.197.545.  Associated with ETA (Consolidated List reference 273).

Primary Name: Kemen URANGA ARTOLA

Address: Spain (imprisoned)

Date of birth: 25 May 1969

Place of birth: Ondarroa (Vizcaya), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 30.627.290.  Associated with ETA (Consolidated List reference 273).

Primary Name: Leire ECHEBARRÍA SIMARRO

Address: Spain (imprisoned)

Date of birth: 20 December 1977

Place of birth: Basauri, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 45.625.646.  Associated with ETA (Consolidated List reference 273).

Primary Name: Maria Soledad IPARRAGUIRRE GUENECHEA

Address: France (imprisoned)

Date of birth: 25 April 1961

Place of birth: Escoriaza (Guipuzcoa), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 16.255.819.  Associated with ETA (Consolidated List reference 273).

Primary Name: Miguel ALBISU IRIARTE

Alias: Mikel ANTZA

Address: France (imprisoned)

Date of birth: 7 June 1961

Place of birth: San Sebastian (Guipuzcoa), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 15.954.596.  Associated with ETA (Consolidated List reference 273).

Primary Name: Miguel de Garikoitz ASPIAZU RUBINA

Address: France (imprisoned)

Date of birth: 6 July 1973

Place of birth: Bilbao, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on  28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 14.257.455.  Associated with ETA (Consolidated List reference 273).

Primary Name: Miren Nekane CHAPARTEGUI NIEVES

Alias: Nekane TXAPARTEGI NIEVES

Address: Switzerland (detained)

Date of birth: 8 January 1973

Place of birth: Asteasu, Spain

Citizenship: Spain

Original listing date: First listed by the Minister for Foreign Affairs on 28 July 2010. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 44.140.578.  Associated with ETA (Consolidated List reference 273).


Primary Name: Zigor ORBE SEVILLANO

Address: Spain (imprisoned)

Date of birth: 22 September 1975

Place of birth: Basauri (Vizcaya), Spain

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Spanish Identity Card No: 45.622.851.  Associated with ETA (Consolidated List reference 273).

 


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, Legal

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 was enacted in 1945 to enable Australia to implement its obligations under the Charter of the United Nations and to facilitate the functioning of the United Nations. This Act was designed to address the need for Australia to align with international efforts to maintain peace and security, develop friendly relations among nations, achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and promote respect for human rights and fundamental freedoms for all. Enacted by the Parliament of Australia, the Act allows Australia to participate in the collective security system established by the United Nations, which includes measures such as the imposition of sanctions on entities that threaten international peace, security, and stability. The Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016, signed by the Minister for Foreign Affairs, Julie Bishop, aims to continue the listing of specific entities and individuals under section 15 of the Act to comply with United Nations Security Council resolution 1373 (2001), which targets the financing of terrorism. This declaration ensures that the sanctions imposed on these entities and individuals remain in effect, reflecting Australia's commitment to international counter-terrorism efforts.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016 applies to certain individuals and entities listed in Schedule 1 of the Declaration, which are deemed to be associated with the Basque Fatherland and Liberty (ETA), a designated terrorist organisation. The Act extends to the entire Commonwealth of Australia and requires compliance with United Nations Security Council Resolution 1373 (2001). The listed persons and entities are subject to asset freezing and other restrictions as outlined in the Charter of the United Nations (Dealing with Assets) Regulations 2008. The application of the Act can be extended or modified through subordinate instruments, including regulations and orders made under the Act. The Department of Foreign Affairs and Trade maintains a consolidated list of all persons, entities, and assets currently listed under section 15 of the Act, which is accessible to the public at www.dfat.gov.au/sanctions/consolidated-list.html. There are no stated exclusions or exemptions in this Declaration, and the listed individuals and entities remain subject to the sanctions measures until the Minister for Foreign Affairs determines otherwise.

Key Provisions

This Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016 (the Declaration) is a formal announcement by the Minister for Foreign Affairs, Julie Bishop, dated 11 November 2016, that confirms the continued necessity of specific listings under the Charter of the United Nations Act 1945 (the Act). These listings are in accordance with United Nations Security Council resolution 1373 (2001). Under section 15A(2) of the Act, the Minister has declared that certain persons and entities remain listed to enforce the United Nations' decisions. The Declaration itself comes into effect immediately upon signing by the Minister. The Act imposes several obligations on the parties involved. The Minister for Foreign Affairs is required to be satisfied, based on reasonable grounds, that the listed persons and entities are indeed those specified in the relevant United Nations resolution. Furthermore, the Department of Foreign Affairs and Trade is mandated to maintain and publicly display a list of all currently listed individuals, entities, and assets on its website. This transparency measure ensures that all stakeholders are aware of the current sanctions regime. Listed individuals and entities have the right to request a statement of reasons for their listing from the Department of Foreign Affairs and Trade, and they may also apply to the Minister for Foreign Affairs to have their listing revoked if they believe the reasons for their inclusion are no longer valid. Failure to comply with the provisions of the Act or the associated regulations can result in significant penalties. For instance, under section 31 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, any person or entity found to be in violation of the Act or its regulations may be subject to substantial penalties. Specifically, an individual can be fined up to 500 penalty units, which currently equate to AUD 59,000, or face imprisonment for up to five years, or both. For a body corporate, the penalty can be as high as 5,000 penalty units, which amounts to AUD 590,000, or imprisonment for up to 50 years, or both. These stringent measures are intended to ensure strict adherence to the sanctions regime and to deter any non-compliance.

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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.