Charter of the United Nations Act 1945 Listing (No. 2) 2020

Overview

The Charter of the United Nations Act 1945 Listing (No. 2) 2020 was issued by Marise Payne, the Minister for Foreign Affairs, under the authority of subsection 15(1) of the Charter of the United Nations Act 1945. The purpose of this listing is to implement United Nations Security Council Resolution 1373 (2001) by designating entities that are considered to be associated with terrorism. This legislative instrument aims to align Australian sanctions with international efforts to combat terrorism by targeting entities that pose a threat to global security. The listing is effective from the date of its gazettal and requires the Minister to be satisfied on reasonable grounds that the entities in question are indeed associated with terrorism as outlined in the relevant UN resolution. The Department of Foreign Affairs and Trade maintains a consolidated list of all listed persons and entities, which is available on their website.

Scope and Application

The Charter of the United Nations Act 1945 Listing (No. 2) 2020 applies to specific entities mentioned in Schedule 1, which are listed in accordance with the provisions of the Charter of the United Nations Act 1945. The Act, which is a Commonwealth enactment, seeks to give effect to the decisions of the United Nations Security Council, specifically referencing United Nations Security Council Resolution 1373 (2001). The listed entities, Islamic State Somalia and Jama’at Mujahideen Bangladesh, are identified as being involved in activities that warrant their inclusion on the sanctions list, as required by the Act. The listing is effective from the date of its gazettal and is implemented under the authority provided by subsection 15(1) of the Charter of the United Nations Act 1945. The listing extends to the freezing of assets and other measures against the specified entities, and the Department of Foreign Affairs and Trade maintains a consolidated list of all listed persons, entities, assets, and classes of assets, which is accessible on their website. Additionally, listed entities have the right to request a statement of reasons for their listing and may apply for the revocation of their listing or for a permit to deal with frozen assets.

Key Provisions

The Charter of the United Nations Act 1945 Listing (No. 2) 2020 (sections 1-3) sets out the name, commencement, and authority of the Listing, which is effective from the date of gazettal under subsection 15(1) of the Charter of the United Nations Act 1945. The Listing specifies entities subject to the Act, identifying them as entities mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001). The named entities include Islamic State Somalia and Jama’at Mujahideen Bangladesh, with their primary names, aliases, and addresses listed in Schedule 1. Under the Act, the Minister for Foreign Affairs must be satisfied on reasonable grounds that the listed entities are indeed those specified in the UN Security Council resolution. This involves ensuring that the Department of Foreign Affairs and Trade maintains an up-to-date list of all sanctioned persons and entities, which is publicly accessible on their website (regulation 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008). The listed entities are required to comply with the provisions of the Act, which may include restrictions on their activities, assets, and movements, as well as obligations to report to the relevant authorities. Failure to comply with the Act can result in significant legal consequences. Any person or entity that contravenes the provisions of the Act, such as dealing with listed entities or their assets without proper authorisation, may be subject to civil or criminal penalties. The maximum penalties for contravening the Act include fines and imprisonment, with the specific penalties depending on the nature and severity of the breach. Additionally, non-compliance can lead to further sanctions, including additional listings and restrictions on travel and financial transactions. In the event of a breach, listed entities have the right to request a statement of reasons for their listing from the Australian Sanctions Office (Schedule 2). Furthermore, listed entities can apply to the Minister for Foreign Affairs to have their listing revoked if they believe the listing is unjust or if the circumstances have changed. Similarly, individuals or entities holding frozen assets may apply for a permit to use or deal with those assets under specific conditions, such as for basic expenses, contractual obligations, or extraordinary expenses, as outlined in the Charter of the United Nations (Dealing with Assets) Regulations 2008.