Charter of the United Nations (Sanctions—Iran) (Export Sanctioned Goods) List Determination 2016

Overview

The Charter of the United Nations (Sanctions - Iran) (Export Sanctioned Goods) List Determination 2016 is a legislative instrument made under the authority of the Minister for Foreign Affairs, designed to align Australia's sanctions against Iran with the provisions of the United Nations Security Council Resolution 2231 (2015). This instrument replaces the earlier Charter of the United Nations (Sanctions – Iran) (Export Sanctioned Goods) List Determination 2008, reflecting the changes brought about by the Charter of the United Nations (Sanctions – Iran) Regulation 2016. The primary objective of the Regulation is to implement the amendments to the UN sanctions concerning Iran, specifically targeting goods that could contribute to activities inconsistent with the Joint Comprehensive Plan of Action or the development of nuclear weapon delivery systems. This legislative update ensures that Australia's export controls remain consistent with international obligations and the evolving global sanctions regime against Iran.

Scope and Application

The Charter of the United Nations (Sanctions - Iran) (Export Sanctioned Goods) List Determination 2016 applies to individuals and entities within Australia who may be involved in the export of goods that are listed as export-controlled goods under the Charter of the United Nations (Sanctions – Iran) Regulation 2016. This Act pertains specifically to goods that could contribute to activities related to nuclear reprocessing, enrichment, heavy water, or the development of nuclear weapon delivery systems in Iran, as these are activities inconsistent with the Joint Comprehensive Plan of Action (JCPOA) and United Nations Security Council Resolution 2231. The legislation has a national jurisdictional reach, as it is enacted under the authority of the Commonwealth of Australia to implement international sanctions. The scope of the Act is extended through subordinate instruments, which provide detailed definitions and lists of goods that are subject to export sanctions. Notably, the determination removes certain items such as radiometric ore sorters, prompt gamma neutron activation analysers, and spectrometers from the export-controlled list, as these are not prohibited under the JCPOA or UNSC Resolution 2231 in the context of mining activities. The Act does not require public consultation as it largely maintains the existing framework established by the previous 2008 determination.

Key Provisions

The Charter of the United Nations (Sanctions - Iran) (Export Sanctioned Goods) List Determination 2016 (the Determination) is a legislative instrument that establishes the list of goods that are subject to export sanctions in relation to Iran. This Determination remakes the previous Charter of the United Nations (Sanctions – Iran) (Export Sanctioned Goods) List Determination 2008, following the enactment of the Charter of the United Nations (Sanctions – Iran) Regulation 2016 (the Regulation) (s.1). The primary objective of this Regulation is to implement United Nations Security Council Resolution 2231 (2015), which amends the UN Sanctions in relation to Iran. This Determination includes all goods previously listed in the 2008 Determination, except for those found in Schedule 1 Part 3 of the former instrument, such as radiometric ore sorters, prompt gamma neutron activation analysers (PGNAA), and spectrometers, which have been removed as they are not prohibited by the Joint Comprehensive Plan of Action (JCPOA) or UNSC Resolution 2231 (s.4). The Determination imposes specific obligations on entities and individuals to ensure compliance with the export sanctions. These obligations include refraining from exporting any goods listed in Schedule 1 of the Determination to Iran, unless authorised under the Regulation (s.4). The entities and individuals subject to these obligations must also take reasonable steps to ensure that the goods are not exported indirectly, such as through a third party, without proper authorisation (s.6(2)). Furthermore, the entities and individuals must maintain records of any exports or attempted exports of the listed goods to Iran and keep these records for a period of five years from the date of the export or attempted export (s.9). Failure to comply with the export sanctions or the obligations imposed by the Determination may result in civil or criminal penalties. For individuals, the maximum penalty for a contravention of the export sanctions or the obligations is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both (s.12). For bodies corporate, the maximum penalty is a fine of up to 50,000 penalty units (s.12). In addition to the civil and criminal penalties, the Determination may also result in administrative penalties, such as the imposition of a compliance order or the cancellation of an export licence (s.13). It is essential for entities and individuals to familiarise themselves with the provisions of the Determination and the Regulation to avoid any potential contraventions and associated penalties.