Charter of the United Nations (Sanctions – Iran) Document List 2014

Overview

The Charter of the United Nations (Sanctions – Iran) Document List 2014, established under the authority of the Charter of the United Nations (Sanctions – Iran) Regulations 2008, was enacted to identify and list specific documents relevant to the sanctions against Iran imposed by the United Nations Security Council. This legislative instrument was created to facilitate compliance with international obligations by detailing which documents are considered authoritative in enforcing the sanctions. The enacting body for this list is the Minister for Foreign Affairs, Julie Bishop, who made the list under regulation 5(1A) of the aforementioned regulations. The policy objective behind this legislation is to ensure that Australia adheres to its international commitments by accurately identifying and listing documents pertinent to the enforcement of sanctions against Iran, thereby supporting global efforts to address issues related to Iran’s nuclear and missile programs. This list is subject to amendments, as evidenced by the Charter of the United Nations (Sanctions - Iran) Document List Amendment 2016, which updated the list to include new documents relevant to the sanctions regime.

Scope and Application

The Charter of the United Nations (Sanctions – Iran) Document List 2014, compiled on 18 February 2016, represents a legislative instrument made under the Charter of the United Nations (Sanctions – Iran) Regulations 2008. This list specifically identifies various documents related to United Nations sanctions on Iran, including communications and letters from the International Atomic Energy Agency and the United States to the UN Security Council. These documents are integral to the enforcement of sanctions against Iran, aimed at controlling the export and transfer of nuclear material, equipment, technology, and related dual-use items. The list came into effect on 19 December 2014 and was subsequently amended on 18 February 2016, with the changes taking effect from the amendment's registration date. This legislative instrument applies to all entities and individuals within Australia, ensuring compliance with international sanctions regimes and prohibiting transactions or dealings with the listed entities and documents. Any amendments to this list are accessible on the ComLaw website, providing transparency and up-to-date information on the sanctions framework.

Key Provisions

The Charter of the United Nations (Sanctions – Iran) Document List 2014 (F2014L01745) provides a list of documents that are considered designated under the Charter of the United Nations (Sanctions – Iran) Regulations 2008. Specifically, section 3 of the List identifies several documents, including International Atomic Energy Agency Information Circulars and United Nations Security Council documents, as those that fall under the purview of the Regulations (section 3). This List commenced on the day after it was registered, which was 19 December 2014 (section 2). Entities and individuals governed by the Charter of the United Nations (Sanctions – Iran) Regulations 2008 must adhere to the obligations and requirements outlined in the Regulations. These include refraining from engaging in activities that involve the documents listed in the Charter of the United Nations (Sanctions – Iran) Document List 2014, such as trade, financial transactions, or the provision of goods and services related to the listed documents. Additionally, they must ensure compliance with any related sanctions or restrictions imposed by Australian law or international agreements. This involves conducting thorough due diligence, maintaining accurate records, and reporting any potential violations to the relevant authorities. Breach of the obligations and requirements under the Charter of the United Nations (Sanctions – Iran) Regulations 2008 can lead to various consequences. Civil penalties can be imposed for non-compliance, including fines of up to AUD 330,000 for individuals and AUD 1.65 million for bodies corporate (section 14A of the Charter of the United Nations (Sanctions – Iran) Regulations 2008). Criminal penalties may also apply, with offences carrying maximum penalties of imprisonment for up to 10 years and/or substantial fines, depending on the severity of the breach and the specific provisions violated. Enforcement of these penalties is overseen by the Australian Federal Police and other relevant agencies, ensuring that entities and individuals comply with the sanctions and restrictions imposed on Iran.