Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2019

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Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2019

 

I, MARISE PAYNE, Minister for Foreign Affairs, make the following declaration

 

Dated     7  November  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. 5) 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 persons and 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: 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 11 November 2016 to continue in effect.

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 south-western France.

 

Primary Name: First of October Antifascist Resistance Group

Aliases: GRAPO, Grupos de Resistencia Antifascista Primero de Octubre

Address: Spain

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 11 November 2016 to continue in effect.

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.

 

Primary Name: Itziar ALBERDI URANGA

Address: Spain (imprisoned)

Date of Birth: 7 October 1963

Place of Birth: Durango (Vizcaya), Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Eusebio ARZALLUS TAPIA

Aliases: Paticorto, Anaia

Date of Birth: 8 November 1957

Place of Birth: Regil (Guipúzcoa), Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Eneko GOGEASCOECHEA ARRONATEGUI

Aliases: Eneko GOGEACHOECHEA ARRONATEGUI

Address: Spain (imprisoned)

Date of Birth: 29 April 1967

Place of Birth: Guernica (Vizcaya), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Maria Soledad IPARRAGUIRRE GUENECHEA

Aliases: Amboto, Marisol

Address: France (imprisoned)

Date of Birth: 25 April 1961

Place of Birth: Escoriaza (Guipúzcoa), Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Juan Jesús NARVÁEZ GOÑI

Aliases: Juan Jesus NARVAEZ GONI, Pajas

Address: Spain (imprisoned)

Date of Birth: 23 February 1961

Place of Birth: Pamplona (Navarra), Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

Additional information: Spanish Identity Card No: 15.841.101. 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: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Fermín VILA MICHELENA

Aliases: Fermin VILA MICHELENA

Address: Spain (imprisoned)

Date of Birth: 12 March 1970

Place of Birth: Irzn (Guipúzcoa), Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 17 April 2002. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Iván APAOLAZA SANCHO

Aliases: Ivan APAOLAZA SANCHO

Address: Spain (imprisoned)

Date of Birth: 10 November 1971

Place of Birth: Beasain (Guipúzcoa), Spain

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 11 November 2016 to continue in effect.

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

 

Primary Name: Gorka PALACIOS ALDAY

Address: France (imprisoned)

Date of Birth: 17 October 1974

Place of Birth: Baracaldo (Vizcaya), Spain

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 11 November 2016 to continue in effect.

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

 

Primary Name: Juan Luis RUBENACH ROIG

Address: France (imprisoned)

Date of Birth: 18 September 1963

Place of Birth: Bilbao (Vizcaya), Spain

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 11 November 2016 to continue in effect.

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

 

Primary Name: Aitzol IRIONDO YARZA

Aliases: Gurbitz, Barbas, Aitzol IRONDO YARZA

Address: France (imprisoned)

Date of Birth: 8 March 1977

Place of Birth: San Sebastian (Guipúzcoa), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 July 2010. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Iñigo VALLEGO FRANCO

Aliases: Inigo VALLEGO FRANCO, Iñigo VALLEJO FRANCO, Inigo VALLEJO FRANCO, Chiquillo, Ganeko

Address: Spain (imprisoned)

Date of Birth: 21 May 1975

Place of Birth: Bilbao (Vizcaya), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 July 2010. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: José Antonio URRUTICOECHEA BENGOECHEA

Aliases: Jose Antonio URRUTICOECHEA BENGOECHEA, José Antonio URRUTICOETXEA BENGOECHEA, Jose Antonio URRUTICOETXEA BENGOECHEA, Josu Ternera

Address: France (imprisoned)

Date of Birth: 24 December 1950

Place of Birth: Miravalles (Vizcaya), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 July 2010. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: José Ignacio RETA DE FRUTOS

Aliases: Jose Ignacio RETA DE FRUTOS, Zukaitz, Joseba Iñaki RETA DE FRUTOS, Joseba Inaki RETA DE FRUTOS, Joseba Iñaki RETA FRUIT, Joseba Inaki RETA FRUIT

Address: France (imprisoned)

Date of Birth: 3 July 1959

Place of Birth: Elorrio (Vizcaya), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 July 2010. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

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

 

Primary Name: Miguel de Garikoitz ASPIAZU RUBINA

Aliases: Mikel Garikoitz ASPIAZU RUBINA, Txeroki

Address: France (imprisoned)

Date of Birth: 6 July 1973

Place of Birth: Bilbao (Vizcaya), Spain

Citizenship: Spain

Original listing date: Listed by the Foreign Minister under section 15 of the Charter of the United Nations Act 1945 on 28 July 2010. The listing was declared by the Foreign Minister on 11 November 2016 to continue in effect.

Additional information: Spanish Identity Card No: 14.257.455. 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

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 Listing Declaration (No. 5) 2019 was enacted to address the ongoing threat posed by designated terrorist entities and individuals in alignment with United Nations Security Council resolutions. This legislative instrument, issued under the authority of the Minister for Foreign Affairs, Marise Payne, is designed to ensure Australia's compliance with international obligations to combat terrorism by continuing the listing of specific individuals and entities under section 15 of the Charter of the United Nations Act 1945. The policy objective of this declaration is to maintain the effectiveness of sanctions measures against those who are identified as part of terrorist organisations, specifically those mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). By continuing these listings, Australia reinforces its commitment to global security and the prevention of terrorist activities.

Scope and Application

The Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2019 applies to specific individuals and entities as designated under section 15A of the Charter of the United Nations Act 1945. This declaration is made by the Minister for Foreign Affairs and is based on reasonable grounds that the listed persons and entities fall under paragraph 1(c) of United Nations Security Council Resolution 1373 (2001), which pertains to financing of terrorism. The listed individuals and entities are associated with Basque Fatherland and Liberty (ETA), an armed Basque nationalist and separatist organisation. The listing was initially made by the Foreign Minister on various dates starting from 2001 and reaffirmed by the Minister on 11 November 2016 to continue in effect. The geographic reach of this legislation is national, as it applies to persons and entities within Australia and its territories. There are no specific exclusions, exemptions, or thresholds mentioned in this declaration, although the Charter of the United Nations (Dealing with Assets) Regulations 2008 provides a framework for managing sanctions and frozen assets. Subordinate instruments may extend or restrict the application of this Act.

Key Provisions

The Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2019 (the Declaration) is made under section 15A of the Charter of the United Nations Act 1945 (the Act) and declares that the listing of certain persons and entities under section 15 of the Act continues to have effect. This declaration requires that certain individuals and organizations, specifically associated with the Basque nationalist and separatist group ETA, remain listed as per the United Nations Security Council Resolution 1373 (2001). These listings are necessary to give effect to the decision of the United Nations Security Council aimed at combating terrorism. The obligations imposed by the Act on the parties and entities it governs include compliance with the sanctions and asset-freezing measures that apply to listed individuals and entities. This means that any Australian persons or entities, as well as those within Australia, are prohibited from dealing with the frozen assets of these listed individuals and entities unless authorised by a permit issued under the Act. Additionally, the Department of Foreign Affairs and Trade is required to maintain and publish a list of all currently listed persons, entities, assets, and classes of assets, which can be found on their website at www.dfat.gov.au/sanctions/consolidated-list.html. Failure to comply with the requirements of the Act can result in significant legal consequences. Offences under the Act include dealing with listed assets without authorisation, which can be considered a criminal offence. The maximum penalty for such offences is a fine of up to 5,000 penalty units or imprisonment for up to 10 years, or both. Additionally, civil penalties may apply for breaches of the Act, with fines of up to 10,000 penalty units for individuals and 50,000 penalty units for bodies corporate. These penalties underscore the importance of adhering to the Act’s provisions and the severe consequences of 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.