Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2016

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Charter of the United Nations Act 1945 Listing Declaration (No. 5) 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 10 November 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. 5) 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: Al-Shabaab

Aliases: Al-Shabaab al-Islamiya; Harakat al-shabaab al-Mujahideen; Young Mujahideen Movement in Somalia; Young Mujahideen Movement; Mujahdin Youth Movement; Shabaab al-Mujahideen Movement; Al-Shabab; Shabaab; The Youth; Mujahidin al-Shabaab Movement; Mujahideen Youth Movement; MYM; Harakat Shabab al-Mujahidin; Hizbul Shabaab; Hisb’ul Shabaab; Youth Wing; Al-Shabaab Al-Islaam; Al-Shabaab Al-Jihaad; The Unity of Islamic Youth; Harakat Al-Shabaab Al-Mujaahidiin; Harakatul Shabaab al Mujaahidiin; Mujaahidiin Youth Movement

Address: Somalia

Original listing date: First listed by the Minister for Foreign Affairs on 21 August 2009. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Al-Shabaab, or ‘the youth’, was formed out of the militant wing of the former Somali Council of Islamic Courts.

Primary Name: Gama’a al-Islamiyya

Aliases: GI; Islamic Group; IG; Al-Gama’at; Islamic Gama’at; Egyptian Al’Gama’at al-Islamiyya

Address: Egypt

Original listing date: First listed by the Minister for Foreign Affairs on 16 June 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Gama’a al-Islamiyya is an Egyptian Sunni Islamist movement.


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: Hizballah

Aliases: Hezballah, Hezbollah, Hizbollah, Hizbullah, Party of God, Islamic Jihad, Islamic Jihad Organization, Revolutionary Justice Organization, Organization of the Oppressed on Earth, Islamic Jihad for the Liberation of Palestine, Organization of Right against Wrong, Ansar Allah, Followers of the Prophet Muhammed

Address: Lebanon

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: Hizballah (the Party of God) was established in 1982 in Lebanon, with the primary aim of establishing a theocratic state in Lebanon. It has evolved to pursue a socio-political agenda, including the provision of social services. Hizballah’s External Security Organisation is responsible for the planning, coordination and execution of terrorist attacks against Hizballah’s enemies outside of Lebanon.

Primary Name: Kurdistan Workers’ Party

Aliases: Halu Mesru Savunma Kuvveti; Partiya Karkeran Kurdistan; PKK; The People’s Defense Force; Kurdistan People’s Congress; People’s Congress of Kurdistan; Kongra-Gel; HSK

Address: Turkey

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: The Kurdistan Workers’ Party (PKK) was formed in the late 1970s and launched an armed struggle against the Turkish government in 1984.

Primary Name: Revolutionary People’s Liberation Party/Front

Aliases: Devrimci Halk Kurtulus Partisi-Cephesi, DHKP/C, Devrimci Sol, Revolutionary Left, Dev Sol, Dev Sol Silahli Devrimci Birlikleri, Dev Sol SDB, Dev Sol Armed Revolutionary Units

Address: Turkey

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: Revolutionary People’s Liberation Party/Front is a left-wing militant group committed to the establishment of a Marxist-Leninist state in Turkey.


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: Abdelkarim Hussein Mohamed AL-NASSER

Place of birth: Al Ihsa, Saudi Arabia

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: Associated with Hizballah.

Primary Name: Ahmad Ibrahim AL-MUGHASSIL

Alias: Abu OMRAN; Ahmed Ibrahim AL-MUGHASSIL

Address: Saudi Arabia (detained)

Date of birth: 26 June 1967

Place of birth: Qatif Bab al Shamal, Saudi Arabia

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: Associated with Hizballah.

Primary Name: Ali ATWA

Aliases: Ammar Mansour Bouslim, Hassan Rostom Salim

Date of birth: 1960

Place of birth: Lebanon

Citizenship: Lebanon

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: Associated with Hizballah.

Primary Name: Ali Saed Bin Ali EL-HOORIE

Aliases: Ali Saed Bin Ali Al-Houri, Ali Saed Bin Ali El-Houri

Date of birth: 10 July 1965 or 11 July 1965

Place of birth: El Dibabiya, Saudi Arabia

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: Associated with Hizballah.


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: Assad Ahmad BARAKAT

Aliases: Assad Hassan Barakat, Assad Barakat, Jach Assad Ahmad Barakat, Hajj As’ad Ahmad, Assad Ahmed Muhammad Barakat

Address: (As of 2011) Foz do Iguaçu, Brazil. (Brazilian Residences as of January 2002) Rue Taroba 1005, Beatriz Menez Building, Foz do Iguaçu, Brazil; Rua Rio Branco, Lote 682, Quadra 13, Foz do Iguaçu, Brazil; Rua Xavier Da Silva 535, Edificio Martin Terro, Apartment 30, Foz do Iguaçu, Brazil. (Brazilian Residences as of January 2001): Rua Silva Jardim 290, Foz do Iguaçu, Brazil. (Chilean Residences): Arrecife Apartment Building, Iquique, Chile; Apartment 111, Panorama Building, Iquique, Chile. (Paraguayan Residences) Piribebuy Y A. Jara, Ciudad del Este, Paraguay, phone: 061-514-932

Original listing date: First listed by the Minister for Foreign Affairs on 17 November 2004. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Hizballah.

Primary Name: Hasan IZZ-AL-DIN

Aliases: Ahmed Garbaya, Sa-id, Samir Salwwan

Date of birth: 1963

Place of birth: Lebanon

Citizenship: Lebanon

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: Associated with Hizballah.

Primary Name: Ibrahim Salih Mohammed AL-YACOUB

Date of birth: 16 October 1966

Place of birth: Tarut, Saudi Arabia

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: Associated with Hizballah.


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, enacted in 1945, serves to facilitate Australia's participation in the United Nations and its obligations under the UN Charter. The 2016 Listing Declaration under this Act, signed by the Minister for Foreign Affairs, Julie Bishop, aims to align Australian sanctions with those of the United Nations Security Council. This Declaration ensures that the listed entities and individuals, who are deemed threats to international peace and security, remain subject to asset freezing and other restrictive measures in Australia. By doing so, the Australian Government upholds its commitment to global security and compliance with UN resolutions, specifically Resolution 1373 (2001) concerning terrorism. The policy objective is to contribute to the prevention and suppression of terrorism by implementing measures that restrict the financial resources available to designated entities and individuals.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2016, made by the Minister for Foreign Affairs, Julie Bishop, under subsection 15A(2) of the Charter of the United Nations Act 1945, aims to continue the effect of certain listings under section 15 of the Act. This declaration applies to specific persons and entities that are listed in Schedule 1, including Al-Shabaab, Gama’a al-Islamiyya, Hizballah, Kurdistan Workers’ Party, and Revolutionary People’s Liberation Party/Front, as well as individual persons associated with these entities, who are all mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). The declaration ensures that these listings, which were initially made by the Minister for Foreign Affairs and declared to continue in effect on 18 November 2013, remain in force to comply with the decisions of the United Nations Security Council. The Act and its associated regulations extend the scope of application through subordinate instruments, and the Department of Foreign Affairs and Trade maintains and publishes a list of all listed persons, entities, assets, and classes of assets on its website. This legislation applies nationally, and there are provisions for listed individuals and entities to request statements of reasons for their listings, apply for revocation of listings, or seek permits to deal with frozen assets.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2016, signed by the Minister for Foreign Affairs, Julie Bishop, serves to continue the effect of specific listings under the Act, in alignment with United Nations Security Council Resolution 1373 (2001). This Declaration is legally binding and commences upon signature, as per section 2 of the document. Section 3 specifies the entities and individuals that remain listed due to their continued association with terrorist activities, in accordance with the UN resolution. These listings include Al-Shabaab, Gama'a al-Islamiyya, Hizballah, Kurdistan Workers’ Party, Revolutionary People’s Liberation Party/Front, and several individuals associated with these entities. The Act imposes obligations on the listed entities and individuals to comply with the sanctions imposed by the UN Security Council. This includes a freeze on their financial assets, a prohibition on making funds available to them, and a ban on entering into transactions with them. The Department of Foreign Affairs and Trade is responsible for maintaining a list of all listed entities and individuals, which is available on their website. Listed persons or entities have the right to request a statement of reasons for their listing and can apply to the Minister for Foreign Affairs to have their listing revoked if they believe it is unjust. Failure to comply with the sanctions can result in serious consequences. Under the Charter of the United Nations (Dealing with Assets) Regulations 2008, any person or entity found to be in breach of the sanctions may be subject to penalties. Specifically, section 30 of the Regulations outlines that individuals or entities dealing with the frozen assets of listed persons or entities without authorisation can be subject to fines and imprisonment. The maximum penalty for an individual can be up to 5,000 penalty units, or imprisonment for five years, or both, under section 31 of the Act. These provisions underscore the seriousness with which Australia treats compliance with international sanctions aimed at combating terrorism and ensuring global security.

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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.