Charter of the United Nations (Sanctions - Iran) Document List Amendment 2016

Administered by Department of Foreign Affairs and Trade

Legislation au F2016L00116 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Foreign Affairs

 

Charter of the United Nations (Sanctions-Iran) Regulations 2008

 

Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016

 

The Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016 (the Iran List) amends the Charter of the United Nations (Sanctions-Iran) Document List 2014 to list documents specified by the Minister with reference to decisions of the former United Nations 1737 (Iran) Sanctions Committee and as required by UN Security Council Resolution 2231 (2015). The documents referred to in the Iran List detail goods determined to be prohibited for export to, or importation from, Iran, The goods listed in these documents will be implemented in the definition of export and import sanctioned goods for the purposes of the Charter of the United Nations (Sanctions-Iran) Regulations 20008.

 

Section 6(3) of the Charter of the United Nations Act 1945 provides that regulations made for the purposes of giving effect to decisions of the UNSC may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time despite subsection 14(2) of the Legislative Instruments Act 2003.

 

No public consultation was undertaken in relation to the Iran List, as it implements Australia’s international legal obligations arising from decisions of the UNSC. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws implementing UNSC sanctions.

 

Resolution 2231 was adopted under Article 41 of Chapter VII of the Charter and the measures are binding on Australia pursuant to Article 25 of that Charter.  The relevant UNSC Resolutions can be found on the UN website (www.un.org).

 

Details of the Amendment Regulation are set out in the Annex.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016

 

The Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016 (the Iran List) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Iran List creates a list of United Nations Security Council and International Atomic Energy Agency documents, as specified by the Minister pursuant to the Charter of the United Nations (Sanctions-Iran) Regulations 2008 (the Iran Regulations) that reference goods as decided by the 1737 (Iran) Sanctions Committee to be goods prohibited from export to, or importation from, Iran and as required by UN Security Council Resolution 2231.

 

The goods referenced in these documents have been incorporated into the definition of export sanctioned goods and import sanctioned goods for the purposes of Regulations 5 and 6 respectively of the Iran Regulations.

 

The Iran List protects human rights by ensuring that persons and entities that violate measures imposed by the UN Security Council will be subject to UN Security Council sanctions. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016

 

Section 1 – Name of Instrument

Section 1 provides that the name of the instrument is the Charter of the United Nations (Sanctions-Iran) Documents List Amendment 2016.

 

Section 2 – Commencement

Section 2 provides that the instrument commences on the day after it is registered.

 

Section 3 – Determination of documents

Section 3 provides for paragraph 5(1A) of the Charter of the United Nations (Sanctions-Iran) Regulations 2011, each Security Council and International Atomic Energy Agency document mentioned in  an item in Schedule 1 is a document for Iran.

 

Schedule 1 – Amendments

Charter of the United Nations (Sanctions-Iran) Documents List Amendment 2016

 

Item [1] – INFCIRC/254/Rev.12/Part 1

Item [1] is an International Atomic Energy Agency (IAEA) Information Circular, covering a letter from the Chairman of the Nuclear Suppliers Group, dated 5 September 2014, to the IAEA, amending the Nuclear Suppliers Group Part 1 Guidelines for Nuclear Transfers (the Part 1 Guidelines). The Guidelines provide fundamental principles for safeguards and export controls that apply to nuclear transfers.

 

Item [2] – INFCIRC/254/Rev.9/Part 2

Item [2] is an International Atomic Energy Agency (IAEA) Information Circular, covering letter from the Chairman of the Nuclear Suppliers Group, dated 7 May 2010, to the IAEA, amending the Nuclear Suppliers Group Part 2 Guidelines for transfers of nuclear-related dual-use equipment, materials, software and related technology (the Part 2 Guidelines). The Part 2 Guidelines governs the export of nuclear-related dual-use items and technologies, including items that can make a major contribution to an unsafeguarded nuclear fuel cycle or nuclear explosive activity but which also have non-nuclear uses.

 

Item [3] - S/2012/947

Item [3] is a letter dated 20 December 2012 from the Permanent Representative of the United States of America to the President of the United Nations Security Council, updating the list of items, materials, equipment, goods and technology related to ballistic missile programmes.

 

Item [4] - S/2006/985

Item [4] is a letter dated 7 December 2006, from the Permanent Representative of the UK to the United Nations President of the Security Council, containing guidelines for sensitive nuclear-related transfers.

 

Item [5] - S/2015/546 

Item [5] is a United Nations Security Council document, covering a letter from the Permanent Representative of the United States to the President of the Security Council concerning the Missile Technology Control regime list.

 

 

Overview

The Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016, enacted to align with Australia's international legal obligations under United Nations Security Council Resolution 2231, was established to amend the Charter of the United Nations (Sanctions-Iran) Document List 2014. This amendment specifically lists documents referenced by the Minister, as per decisions of the former United Nations 1737 (Iran) Sanctions Committee and in compliance with Resolution 2231, detailing goods prohibited for export to, or importation from, Iran. These goods are implemented within the definition of export and import sanctioned goods under the Charter of the United Nations (Sanctions-Iran) Regulations 2008. The objective of this amendment is to ensure that Australia adheres to international sanctions against Iran, thereby contributing to global efforts to address nuclear proliferation and related security concerns. The enacting body for these regulations is the Australian Parliament, with the Minister for Foreign Affairs issuing the explanatory statement. The policy objective is to implement Australia's international obligations under the United Nations Charter, particularly in relation to the enforcement of sanctions against Iran. The amendment does not involve public consultation, as it is a direct implementation of international legal requirements. The Department of Foreign Affairs and Trade is responsible for regular outreach to the Australian business community to explain the sanctions laws, ensuring compliance and awareness among businesses potentially affected by these regulations.

Scope and Application

The Charter of the United Nations (Sanctions-Iran) Document List Amendment 2016 amends the Charter of the United Nations (Sanctions-Iran) Document List 2014 to list documents specified by the Minister with reference to decisions of the former United Nations 1737 (Iran) Sanctions Committee and as required by UN Security Council Resolution 2231 (2015). This amendment applies to Australian persons, entities, and vessels, regardless of location, and extends to the export and import of goods determined to be prohibited from trade with Iran. The amendment aims to implement Australia's international legal obligations under the Charter of the United Nations Act 1945, specifically in relation to the enforcement of sanctions against Iran. The goods listed in these documents are incorporated into the definition of export and import sanctioned goods for the purposes of the Charter of the United Nations (Sanctions-Iran) Regulations 2008, thereby extending the scope of the sanctions to include these specific items. No public consultation was undertaken, as the amendment implements Australia’s international legal obligations arising from decisions of the UN Security Council. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws implementing UNSC sanctions.

Key Provisions

The Charter of the United Nations (Sanctions-Iran) Document List Amendment 2016 (the Iran List) amends the Charter of the United Nations (Sanctions-Iran) Document List 2014, effectively listing documents specified by the Minister with reference to decisions of the former United Nations 1737 (Iran) Sanctions Committee and as required by UN Security Council Resolution 2231 (2015). This legislative instrument is designed to align Australian sanctions with international obligations under the UN Charter, particularly in relation to prohibiting the export and import of certain goods to and from Iran (Section 3). These documents detail goods that are prohibited for export to or importation from Iran and are incorporated into the definition of export and import sanctioned goods for the purposes of the Charter of the United Nations (Sanctions-Iran) Regulations 2008. The Iran List imposes obligations on Australian entities and individuals to ensure compliance with the listed UN documents and the sanctions they impose. This includes adhering to the prohibitions on the export and import of goods specified in the listed documents, such as those related to nuclear transfers, nuclear-related dual-use equipment, ballistic missile programs, and sensitive nuclear-related transfers (Schedule 1, Items 1-5). These obligations are necessary to enforce the sanctions as mandated by the UN Security Council Resolution 2231 and to prevent the proliferation of goods that could contribute to nuclear weapons development or ballistic missile programs in Iran. The Iran List also stipulates civil and criminal consequences for breaches of the sanctions outlined in the listed documents. While the specific penalties are not detailed in the explanatory statement, breaches of similar regulations under the Charter of the United Nations (Sanctions-Iran) Regulations 2008 can result in significant penalties. For example, individuals and entities found guilty of contravening these regulations can face substantial fines and imprisonment. The penalties serve as a deterrent to non-compliance and ensure that Australia upholds its international obligations under the UN Charter. The enforcement of these sanctions is crucial for maintaining global security and preventing the proliferation of sensitive technologies that could be used for harmful purposes.

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