Charter of the United Nations Act 1945 Listing (No. 1) 2018

Overview

The Charter of the United Nations Act 1945 Listing (No. 1) 2018, issued by the Minister for Foreign Affairs, Julie Bishop, is a legislative instrument aimed at implementing the decisions of the United Nations Security Council. This listing was introduced to address the need to enforce international sanctions against entities associated with terrorism, specifically those mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). Enacted by the Australian Government, the policy objective of this listing is to ensure compliance with international obligations to combat terrorism by freezing assets and prohibiting dealings with listed entities. The listing, which commenced upon gazettal, identifies the Islamic State Khorasan Province as an entity that falls under the purview of the resolution, thereby subjecting it to the sanctions measures stipulated by the Charter of the United Nations Act 1945.

Scope and Application

The Charter of the United Nations Act 1945 Listing (No. 1) 2018, issued under section 15 of the Charter of the United Nations Act 1945, mandates the listing of specific entities as part of Australia's implementation of United Nations Security Council resolution 1373 (2001). This listing, which commenced upon its gazettal on 8 February 2018, pertains to the Islamic State Khorasan Province, an ISIL-affiliated extremist group operating in Afghanistan and Pakistan. The listing aims to enforce sanctions against this entity, in line with the global effort to combat terrorism. The scope of this legislation applies to the entity specified in Schedule 1, ensuring that Australian authorities and citizens comply with the asset-freezing measures and other restrictions imposed by the United Nations. The listing process is overseen by the Minister for Foreign Affairs, who is required to be satisfied on reasonable grounds that the entity falls under the specified criteria of Resolution 1373 (2001). This legislative action is further supported by the Charter of the United Nations (Dealing with Assets) Regulations 2008, which provide mechanisms for the listing, de-listing, and the application for permits to deal with frozen assets.

Key Provisions

The Charter of the United Nations Act 1945 Listing (No. 1) 2018, issued under section 15 of the Act by the Minister for Foreign Affairs, Julie Bishop, lists the Islamic State Khorasan Province as an entity mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001). This listing (sections 1-4) comes into effect immediately upon gazettal and requires the freezing of any assets associated with this entity, in line with international obligations to combat terrorism and its financing. The Act imposes several obligations on entities and individuals in Australia. Firstly, it mandates that any assets belonging to the listed entity, such as the Islamic State Khorasan Province, be frozen and not used or dealt with in any way without specific authorisation (section 15(1)). This includes both direct and indirect dealings. Secondly, financial institutions and other entities must report any transactions or holdings related to the listed entity to the Department of Foreign Affairs and Trade, ensuring compliance with these sanctions. Thirdly, Australian citizens and entities must not engage in any business or financial transactions with the listed entity, further enforcing the sanctions regime. Violations of the provisions outlined in this Act can lead to both civil and criminal consequences. For example, failing to comply with the asset freezing requirements can result in civil penalties, including fines of up to $26,250 for individuals and $131,250 for corporations, as stipulated in the Charter of the United Nations (Dealing with Assets) Regulations 2008. Criminal penalties may also apply, with offences carrying maximum penalties of imprisonment for up to 10 years for individuals and fines of up to $525,000 for corporations. These stringent measures are designed to ensure strict adherence to the sanctions and prevent any circumvention of the legislative intent.