EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Foreign Affairs

Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions–Iran) Regulations 2025

The Charter of the United Nations Act 1945 (the Act) provides legislative approval for the Charter of the United Nations (the Charter) in Australian law.

Section 6 of the Act provides that the Governor-General may make regulations to give effect to decisions of the United Nations Security Council (the UNSC) under Chapter VII of the Charter that Australia is required to carry out under Article 25 of the Charter in so far as those decisions require Australia to apply measures not involving the use of armed force.

Since 2006, Iran has been subject to sanctions over its nuclear program. The UNSC adopted Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010) which contained measures to constrain Iran’s development of sensitive technologies in support of its nuclear and missiles programs.

On 20 July 2015, following an agreement from Iran to the Joint Comprehensive Plan of Action (the JCPOA), the UNSC adopted Resolution 2231 (2015) which conditionally eased sanctions related to Iran, subject to confirmation by the International Atomic Energy Agency (the IAEA) that Iran had made changes to its nuclear program. Resolution 2231 (2015) also made provisions to address significant non-compliance of the commitments contained therein. This is contained in paragraph 12 of the Resolution.

On 28 August 2025, the United Kingdom, France and Germany notified the UNSC of significant non-performance of Iran’s commitments under the JCPOA, resulting in the termination of the sanctions relief, and re-application of all the provisions of the earlier resolutions relating to the Iranian nuclear issue on 28 September 2025.

The purpose of the Charter of the United Nations (Sanctions–Iran) Regulations 2025 (the Regulations) is to give effect to paragraph 12 of Resolution 2231 (2015). Amongst other things, paragraph 12 of Resolution 2231 (2015) requires Australia to:

prevent the supply, sale or transfer of goods which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems, and arms or related matériel;
prevent the provision to Iran of any technical assistance or training, financial assistance, investment, brokering or other services or the transfer of financial resource or services relating to the goods, or the transfer of technology or technical assistance to Iran related to ballistic missiles capable of delivering nuclear weapons;
prohibit the procurement of certain goods from Iran;
prohibit certain investment in any interest in commercial activity involving uranium mining, production or use of certain nuclear materials and technology;
freeze the funds, other financial assets and economic resources of persons or entities designated by the UNSC or by the Committee established by paragraph 18 of Resolution 1737 (2006);
prohibit the provision of bunkering services to vessels believed to be carrying prohibited goods; and
require its nationals to exercise vigilance when doing business with entities believed to be contributing to Iran’s proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems or to violations of relevant resolutions.

No public consultation was undertaken in relation to the Regulations because they are exempt from sunsetting under paragraph 54(2)(b) of the Legislation Act 2003 and table item 1 of section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015. This is because the primary purpose of the Regulations is to give effect to Australia’s international obligations arising from a decision of the UNSC that article 25 of the Charter requires Australia to carry out. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws that implement UNSC sanctions.

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

The Regulations are a legislative instrument for the purpose of the Legislation Act 2003.

The Regulations commence on the day after registration.

Details of the Regulations are set out at Attachment A.

A Statement of Compatibility with Human Rights of the Regulations prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

ATTACHMENT A

Details of the Charter of the United Nations (Sanctions—Iran) Regulations 2025

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Charter of the United Nations (Sanctions—Iran) Regulations 2025 (the Regulations).

Section 2 – Commencement

This section provides that the Regulations commence the day after registration.

Section 3 – Authority

This section provides that the Regulations are made under the Charter of the United Nations Act 1945 (the Act).

Section 4 – Definitions

This section defines words and expressions used in the Regulations. These definitions are intended to be interpreted as consistently as possible with similar words and expressions used in other regulations made under the Act. Of particular note:

“goods” are defined broadly to include other assets, such as items, materials, equipment and technology;
“INFCIRC/254/Part 1” and “INFCIRC/254/Part 2” refers to the information circulars of the International Atomic Energy Agency (the IAEA), as in force from time to time. While Resolution 1929 (2010) mentions revisions 9 and 7 of these information circulars respectively, these documents are updated from time to time, and at the time of writing, revisions 14 and 12 of INFCIRC/254/Part 1 and INFCIRC/254/Part 2 are respectively are in force. The information circular could in 2025 be viewed on the International Atomic Energy Agency’s website (https://www.iaea.org);
“Resolution 1737”, “Resolution 1747”, “Resolution 1803”, “Resolution 1929” and “Resolution 2231” refers to the United Nations Security Council (the UNSC) resolutions with the same reference number, adopted on particular dates. These resolutions can in 2025 be viewed on the United Nations’ website (https://www.un.org);
“Resolution A/RES/46/36 L” refers to the United Nations General Assembly resolution with the same reference number, adopted on 9 December 1991. This resolution can in 2025 be viewed on the United Nations’ website (https://www.un.org); and
“S/2006/985” and “S/2010/263” refers to Security Council documents, as existing from time to time. These documents could in 2025 be viewed on the United Nations’ website (https://www.un.org).

Subsection 6(3) of the Act provides that regulations 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.

Section 5 – Meaning of permissible goods

This section sets out the meaning of “permissible goods”. This is intended to capture export sanctioned goods mentioned in a document referred to in subsection 8(4), whose supply, sale or transfer is not prohibited in paragraph 3 of Resolution 1737 (2006) or paragraph 8(a) of Resolution 1803 (2008).

Paragraph 5(a) refers to equipment mentioned in section 1 of Annex B to INFCIRC/254/Part 1, where such equipment is for light water reactors (see paragraph 3(b)(i) of Resolution 1737 (2006)).

Paragraph 5(b) refers to low-enriched uranium mentioned in section 1.2 of Annex A to INFCIRC/254/Part 1, when incorporated in assembled nuclear fuel elements for light water reactors (see paragraph 3(b)(ii) of Resolution 1737 (2006)).

Paragraph 5(c) refers to goods mentioned in the Annex to INFCIRC/254/Part 2, only for exclusive use in light water reactors and where it is necessary for technical cooperation provided to Iran by the IAEA or under the IAEA’s auspices as mentioned in paragraph 16 of Resolution 1737 (2006) (see paragraph 8(a) of Resolution 1803 (2008)).

Section 6 – References to Security Council documents

This section is intended to capture updates to UNSC documents as revised, reissued or replaced.

Subsection 6(1) provides that if the Regulations refer to a UNSC document, and the UNSC or the Committee established by paragraph 18 of Resolution 1737 (2006) (the Committee) revises, reissues, or replaces the document, the reference to the original document in the Regulations is taken to be a reference to the document as revised, reissued or replaced.

Subsection 6(2) provides that if the Regulations refer to a provision of a UNSC document, and the UNSC or the Committee revises, reissues, or replaces the original provision, the reference to the original provision in the Regulations is taken to be a reference to the provision as revised, reissued or replaced.

For example, paragraph 13 of Resolution 1929 (2010) refers to UNSC document S/2010/263, which attaches the Missile Technology Control Regime (MTCR) Equipment, Software and Technology Annex as in existence on 27 March 2010. That Annex has since been updated in UNSC documents S/2012/947 and S/2015/546. Therefore, by operation of section 6, a reference to S/2010/263 is taken to be a reference to S/2015/546.

Part 2 – Prohibitions

Division 1 – Sanctioned supplies

Section 7 – Meaning of sanctioned supply

This section sets out the meaning of “sanctioned supply”. It provides that a person makes a sanctioned supply if:

the person supplies, sells or transfers goods to another person; and
the goods are export sanctioned goods (as defined in section 8); and
as a direct or indirect result of the supply, sale or transfer, the goods are transferred to Iran, or incorporated into goods that are transferred to Iran.

Section 8 – Meaning of export sanctioned goods

This section sets out the meaning of “export sanctioned goods”.

By default, paragraph 8(1)(a) is intended to capture goods mentioned in the Annex to the Guidelines for Nuclear Transfer, and the MTCR Equipment, Software and Technology Annex. These documents are referred to in paragraphs 3, 4, 5 and 6 of Resolution 1737 (2006) as amended by paragraph 13 of Resolution 1929 (2010) and paragraph 8 of Resolution 1803 (2008) as:

INFCIRC/254/Part 1, including by its various revisions;
INFCIRC/254/Part 2, including by its various revisions; and
S/2010/263.

Paragraph 8(1)(a) is intended to capture goods mentioned in these documents as updated or revised, from time to time, in the absence of a legislative instrument made by the Minister under subsection 8(2). If a legislative instrument is made and in force under subsection 8(2), then the goods mentioned in documents specified in subsection 8(4) will not fall within the meaning of “export sanctioned goods” for the purposes of paragraph 8(1)(a).

Paragraph 8(1)(b) is intended to capture goods determined by the UNSC or the Committee which could contribute to Iran’s enrichment-related reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems for the purposes of paragraph 3(d) of Resolution 1737 (2006) or items determined by the UNSC or the Committee for the purposes of paragraph 8 of Resolution 1929 (2010).

Paragraph 8(1)(c) is intended to capture battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships and missiles or missile systems, as described in the annex to the Resolution A/RES/46/36 L of the United Nations General Assembly, adopted on 9 December 1991.

Paragraph 8(1)(d) is intended to capture goods determined under subsection 8(5).

This paragraph is intended to reapply paragraphs 4(b) and (c) of Resolution 1737 (2006) and paragraph 13 of Resolution 1929 (2010).

Paragraph 8(1)(e) is intended to capture other goods that are, or are capable of being, key components or a subassembly of goods mentioned in paragraph 8(1)(d). These goods must be an integral part of the other goods, and are not goods of a kind that are used extensively for ordinary purposes (see subsection 8(6)).

Subsection 8(2) provides that for the purposes of subparagraph 8(1)(a)(i), the Minister may, by legislative instrument, determine a document if the Minister is satisfied on reasonable grounds that the goods mentioned in the document would, if supplied to Iran, contribute to Iran’s enrichment-related reprocessing or heavy water-related activities; or to the development of nuclear weapon delivery systems; or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding. This is consistent with the tests set out in paragraph 4 of Resolution 1737 (2006) and paragraph 13 of Resolution 1929 (2010).

Subsection 8(3) provides that the Minister may, under subsection 8(2), determine a document as in force or existing at a particular time, or from time to time.

Subsection 8(4) provides that for subparagraph 8(1)(a)(ii), the relevant documents are:

INFCIRC/254/Part 1;
INFCIRC/254/Part 2; and
S/2010/263.

This sets out the documents mentioned in paragraphs 3 and 4 of Resolution 1737 (2006), as amended by paragraph 13 of Resolution 1929 (2010). By reason of the definition of INFCIRC/254/Part 1 and INFCIRC/254/Part 2 in section 4, and subsection 6(1), these documents may include subsequent revisions or replacements of these documents.

Subsection 8(5) provides that for paragraph 8(1)(d), the Minister may, by legislative instrument, determine goods if the Minister is satisfied on reasonable grounds that the goods mentioned in the document would, if supplied to Iran, contribute to Iran’s enrichment-related reprocessing or heavy water-related activities; or to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding. This is consistent with the tests set out in paragraph 4 of Resolution 1737 (2006) and paragraph 13 of Resolution 1929 (2010).

Subsection 8(6) provides that for paragraph 8(1)(e), goods are key components or a subassembly of goods mentioned in paragraph 8(1)(d) if they are an integral part of the other goods, and are not goods of a kind that are used extensively for ordinary purposes.

Section 9 – Prohibitions relating to sanctioned supplies

Subsection 9(1) provides that a person contravenes the subsection if the person makes a sanctioned supply and the sanctioned supply is not an authorised supply.

Subsection 9(2) provides that section 29 applies to subsection 9(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

Subsection 9(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply that is not an authorised supply.

The subsections 9(1), 9(2) and 9(3) are intended to reapply paragraphs 3 and 4 of Resolution 1737 (2006), paragraph 5 of Resolution 1747 (2007), paragraph 8 of Resolution 1803 (2008) and paragraphs 8 and 13 of Resolution 1929 (2010).

Subsection 9(4) defines “authorised supply” for the purposes of section 9 to mean a sanctioned supply that is authorised by a permit granted under section 10, or a permit properly granted by a foreign country in a way that accords with its obligations under UNSC resolutions relating to Iran, as existing from time to time.

Section 10 – Permits to make sanctioned supplies

Subsection 10(1) provides that the Minister may, on application, grant a person a permit authorising the making of a sanctioned supply.

Paragraph 10(1)(a) authorises the granting of a permit in relation to permissible goods, as defined in section 5, where the Minister is satisfied on reasonable grounds that:

the requirements of the guidelines in INFCIRC/254/Part 1, INFCIRC/254/Part 2 and Security Council document S/2006/985 have been met;
Australia has obtained, and is in a position to exercise effectively a right to verify the end-use and end-use location for the goods that are supplied, sold or transferred;
the UNSC or the Committee has not prohibited the sale, supply or transfer of the goods to Iran; and
if the goods are set out in sections 3 to 6 of the Annex to INFCIRC/254/Part 2, that the Minister has notified the Committee of the supply in advance.

This paragraph reflects the fact that the supply, sale or transfer of permissible goods is not prohibited under UNSC sanctions, where the requirements as set out in paragraph 5 of Resolution 1737 (2006) and paragraph 8 of Resolution 1803 (2008) have been met.

Paragraph 10(1)(b) authorises the granting of a permit for the supply, sale or transfer of export sanctioned goods that are not permissible goods, where:

The contracts for delivery of the goods includes appropriate end-user guarantees;
the Minister has obtained a commitment from the Government of Iran not to use the goods in the proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems; and
the Minister has obtained from the Committee a determination in advance that the goods would clearly not contribute to the development of Iran’s technologies in support of its proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems.

This subsection is intended to reapply paragraph 9 of Resolution 1737 (2006).

Subsection 10(2) provides that a permit is subject to any conditions specified in the permit.

Subsections 10(3) and (4) provide that if the Minister grants a permit in relation to permissible goods, the Minister must take steps to ensure that, within 10 days after the supply, sale or transfer takes place, notification is given to the Committee. If the goods are mentioned in INFCIRC/254/ Part 1 or INFCIRC/254/Part 2, the Minister must also notify the IAEA within the same period.

These subsections are intended to reapply paragraph 5 of Resolution 1737 (2006).

The Minister’s decision to grant a permit authorising the making of a sanctioned supply is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia’s relations with other countries and concern national security.

Permit decisions under section 10 may also require, amongst other things, that the Minister comply with various obligations under UNSC resolutions, including ensuring compliance with relevant international guidelines, engagement with the Government of Iran and/or the Committee. The Minister (and/or their delegate, who are well-versed in matters relating to foreign relations) are best placed to make such decisions.

Despite the above, decisions under section 10 may be subject to judicial review under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution. Such decisions may also be reviewed under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act).

Division 2 – Prohibition notices

Section 11 – Prohibition notices

Subsection 11(1) provides that the Minister may, by written notice given to a person, prohibit the person from supplying, selling or transferring goods if:

the goods are not export sanctioned goods; and
the Minister is satisfied on reasonable grounds that, if the goods were supplied, sold or transferred, the goods could directly or indirectly, be supplied to or incorporated into goods that could be supplied to, for use in, or for the benefit of Iran; and
the Minister is satisfied on reasonable grounds that the goods would, if supplied to Iran, or if supplied for the use in or benefit of Iran, contribute to enrichment-related reprocessing or heavy water-related activities; or to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding.

This subsection is intended to reapply paragraphs 3 and 4 of Resolution 1737 (2006), paragraph 8 of Resolution 1803 (2008) and paragraph 13 of Resolution 1929 (2010), insofar as it relates to goods that are not export sanctioned goods, but the Minister is satisfied would contribute to Iran’s enrichment-related reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding.

Subsection 11(2) provides that the prohibition notice must specify the goods that the person is prohibited from supplying, selling or transferring.

Section 12 – Contraventions of prohibition notices

Subsection 12(1) provides that a person contravenes the subsection if the person supplies, sells or transfers goods that are the subject of the prohibition notice that is in force at the time of the supply, sale or transfer.

Subsection 12(2) provides that section 29 applies to subsection 12(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

This section is intended to reapply paragraphs 3 and 4 of Resolution 1737 (2006), paragraph 8 of Resolution 1803 (2008) and paragraph 13 of Resolution 1929 (2010), insofar as it relates to goods that are not export sanctioned goods, but the Minister is satisfied would contribute to Iran’s enrichment-related reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding.

Division 3 – Import sanctioned goods

Section 13 – Meaning of import sanctioned goods

This section sets out the meaning of “import sanctioned goods”.

By default, paragraph 13(1)(a) is intended to capture goods mentioned in the Annex to the Guidelines for Nuclear Transfer, and the MTCR Equipment, Software and Technology Annex. These documents are referred to in paragraph 7 of Resolution 1737 (2006) as amended by paragraph 13 of Resolution 1929 (2010) as:

INFCIRC/254/Part 1, including by its various revisions;
INFCIRC/254/Part 2, including by its various revisions; and
S/2010/263.

Paragraph 13(1)(a) is intended to capture goods mentioned in these documents as updated or revised, from time to time, in the absence of a legislative instrument made by the Minister under subsection 13(2). If a legislative instrument is made and in force under subsection 13(2), then the goods mentioned in documents specified in subsection 13(4) will not fall within the meaning of “import sanctioned goods” for the purposes of paragraph 13(1)(a).

Paragraph 13(1)(b) captures arms or related matériel. This is intended to reapply paragraph 5 of Resolution 1747 (2007).

Subsection 13(2) provides that for subparagraph 13(1)(a)(i), the Minister may, by legislative instrument, determine a document if the Minister is satisfied on reasonable grounds that the goods mentioned in the document would contribute to Iran’s enrichment-related reprocessing or heavy water-related activities and the development of nuclear weapon delivery systems. This is consistent with the test set out in paragraph 13 of Resolution 1929 (2010).

Subsection 13(3) provides that the Minister may, under subsection 13(2), determine a document as in force or existing at a particular time, or from time to time.

Subsection 13(4) provides that for subparagraph 13(1)(a)(ii), the relevant documents are:

INFCIRC/254/Part 1;
INFCIRC/254/Part 2; and
S/2010/263.

This sets out the documents mentioned in paragraph 13 of Resolution 1929 (2010). By reason of the definition of INFCIRC/254/Part 1 and INFCIRC/254/Part 2 in section 4, and subsection 7A(1), these documents may include subsequent revisions or replacements of these documents.

Section 14 – Prohibitions relating to import sanctioned goods

Subsection 14(1) provides that a person contravenes the subsection if the person procures import sanctioned goods (as defined in section 13) from an Iranian person or entity.

Subsection 14(2) provides that section 29 applies to subsection 14(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

Subsection 14(3) provides that a person, whether or not in Australia or an Australian citizen, contravenes the subsection if the person uses the services of an Australian ship or an Australian aircraft to transport import sanctioned goods in the course of, or for the purpose of, procuring the goods from an Iranian person or entity.

This section is intended to reapply paragraph 7 of Resolution 1737 (2006) as amended by paragraph 13 of Resolution 1929 (2010), and paragraphs 5 of Resolution 1747 (2007).

Division 4 – Sanctioned services

Section 15 – Meaning of sanctioned service

This section sets out the meaning of “sanctioned service” and is intended to reapply paragraph 6 of Resolution 1737 (2006), including as amended by paragraph 13 of Resolution 1929 (2010) and paragraph 8 of Resolution 1929 (2010).

Paragraph 15(a) captures the provision of technical assistance or training, financial assistance, investment, brokering or other services, if it assists with, or is provided in relation to a sanctioned supply (as defined in section 7).

Paragraph 15(b) captures the provision of technical assistance or training, financial assistance, investment, brokering or other services, if it assists with the manufacture or use of export sanctioned goods by or on behalf of an Iranian person or entity.

Paragraph 15(c) captures the transfer of financial resources if it relates to a sanctioned supply, or the manufacture or use of export sanctioned goods by or on behalf of an Iranian person or entity.

Subparagraph 15(d)(i) captures the transportation of goods that are the subject of a sanctioned supply.

Subparagraph 15(d)(ii) captures the transportation of import sanctioned goods in the course of being procured from an Iranian person or entity. This is intended to reapply paragraph 7 of Resolution 1737 (2006) by prohibiting the physical movement of the goods, not just the procurement of the goods.

Section 16 – Prohibitions relating to the provision of sanctioned services

Subsection 16(1) provides that a person contravenes the subsection if:

the person provides a sanctioned service (as defined in section 15); and
the service is not an authorised service; and
the service is not provided in relation to an authorised supply.

Subsection 16(2) provides that section 29 applies to subsection 16(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

These subsections are intended to reapply paragraph 6 of Resolution 1737 (2006), including as amended by paragraph 13 of Resolution 1929 (2010) and paragraph 8 of Resolution 1929 (2010).

Subsection 16(3) defines “authorised service” for the purposes of section 16 to mean a sanctioned service that is authorised by a permit granted under section 17, or a permit properly granted by a foreign country in a way that accords with its obligations under UNSC resolutions relating to Iran, as existing from time to time.

Subsection 16(4) defines “authorised supply” for the purposes of section 16 to mean a sanctioned supply that is authorised by a permit granted under section 10, or a permit properly granted by a foreign country in a way that accords with its obligations under UNSC resolutions relating to Iran, as existing from time to time.

Section 17 – Permits to provide sanctioned services

Subsection 17(1) provides that the Minister may, on application, grant a person a permit authorising the provision of a sanctioned service.

Paragraph 17(1)(a) authorises the granting of a permit for the provision of a sanctioned service in relation to permissible goods, as defined in section 5.

Paragraph 17(1)(b) authorises the granting of a permit for the provision of a sanctioned service where:

the contracts for delivery of the goods includes appropriate end-user guarantees;
the Minister has obtained a commitment from the Government of Iran not to use the service in the proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems; and
the Minister has obtained from the Committee a determination in advance that the service would clearly not contribute to the development of Iran’s technologies in support of its proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems.

This subsection is intended to reapply paragraph 9 of Resolution 1737 (2006).

Subsection 17(2) provides that a permit is subject to any conditions specified in the permit.

The Minister’s decision to grant a permit authorising the provision of a sanctioned service is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia’s relations with other countries and concern national security.

Permit decisions under section 17 may also require, amongst other things, that the Minister complies with various obligations under UNSC resolutions, including ensuring compliance with relevant international guidelines, engagement with the Government of Iran and/or the Committee. The Minister (or their delegate, who are well-versed in matters relating to foreign relations) are best placed to make such decisions.

Despite the above, decisions under section 17 may be subject to judicial review under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

Division 5 – Designated persons and entities

Section 18 – Meaning of designated person or entity

Section 18 defines “designated person or entity” to mean a person or entity that the Committee or the UNSC designates for the purposes of paragraph 12 of Resolution 1737 (2006) or otherwise decides is subject to the asset freeze measures relating to Iran.

The list of these persons or entities can be found on the United Nations website (https://main.un.org/securitycouncil/en/content/un-sc-consolidated-list) (as at December 2025), and includes persons mentioned in:

the Annex to Resolution 1737 (2006);
Annex I to Resolution 1747 (2007);
Annexes I and III to Resolution 1803 (2008); and
Annexes I, II and III to Resolution 1929 (2010).

Section 19 – Prohibition relating to dealings with designated persons or entities

Subsection 19(1) provides that a person contravenes the subsection if:

the person directly or indirectly makes an asset available to, or for the benefit of, a designated person; or a person or entity acting on behalf of or at the direction of a designated person or entity; or an entity owned or controlled by a designated person or entity; and
the making available of the asset is not authorised by a permit granted under section 22.

Subsection 19(2) provides that section 29 applies to subsection 19(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

This section is intended to reapply paragraph 12 of Resolution 1737 (2006), paragraph 4 of Resolution 1747 (2007), paragraph 7 of Resolution 1803 (2008) and paragraphs 11, 12 and 19 of Resolution 1929 (2010).

Section 20 – Meaning of controlled asset

Section 20 defines “controlled asset” to mean an asset that is owned or controlled by a designated person or entity, a person or entity acting on behalf of or at the direction of a designated person or entity, or an entity owned or controlled by a designated person or entity.

Section 21 – Prohibition relating to controlled assets

Subsection 21(1) provides that a person contravenes the subsection if:

the person holds a controlled asset;
the person uses or deals with the asset, or allows or facilitates the use of, or the dealing with, the asset; and
the use or dealing is not authorised by a permit granted under section 22.

Subsection 21(2) provides that section 29 applies to subsection 21(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

Section 22 – Permits for assets and controlled assets

Subsection 22(1) provides that the Minister may, on application, grant a person a permit authorising the making available of an asset to a person or entity that would otherwise contravene section 19, or using or dealing with, a controlled asset that would otherwise contravene section 21.

Subsection 22(2) provides that a permit is subject to any conditions specified in the permit.

Subsection 22(3) provides than an application must be for:

a permissible nuclear dealing; or
a basic expense dealing, a legally required dealing, a contractual dealing, a required payment dealing or an extraordinary expense dealing.

Apart from a permissible nuclear dealing, which is defined in subsection 22(4), the other types of dealing are defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

Where the use or dealing relates directly to permissible goods mentioned in paragraphs 5(a) or 5(b), subsection 22(4) defines a “permissible nuclear dealing” to mean:

if the use or dealing relates to a sanctioned supply – a use or dealing that is authorised by a permit to make a sanctioned supply granted under section 10;
if the use or dealing relates to a sanctioned service – a use or dealing that is authorised by a permit to provide a sanctioned service granted under section 17.

Subsection 22(5) provides that an application for a permit under subsection 22(1) must specify which kind of dealing mentioned in subsection 22(3) the application is for.

Subsection 22(6) provides that if the application is for a permissible nuclear dealing, the Minister must notify the Committee of the application before granting a permit. This subsection is intended to reapply paragraph 13(d) of Resolution 1737 (2006).

Subsection 22(7) provides that if the application is for a basic expense dealing, the Minister must notify the Committee of the application, and may only grant the permit if 5 working days have passed since the notification was given, and the Committee has not advised against granting the permit to the applicant. This subsection is intended to reapply paragraph 13(a) of Resolution 1737 (2006).

Subsection 22(8) provides that if the application is for a legally required dealing, the Minister must notify the Committee of the application before granting a permit. This subsection is intended to reapply paragraph 13(c) of Resolution 1737 (2006).

Subsection 22(9) provides that if the application is for a required payment dealing:

the dealing must not relate to a sanctioned supply, a sanctioned service or a procurement of import sanctioned goods from Iran or from a person or entity in Iran, unless the dealing is a permissible nuclear dealing; and
the Minister must notify the Committee of the application and may grant a permit only if 10 working days have passed since notification was given.

This subsection is intended to reapply paragraph 15 of Resolution 1737 (2006).

Subsection 22(10) provides that if the application is for an extraordinary expense dealing, the Minister must notify the Committee of the application, and may grant the permit only with the approval of the Committee. This is intended to reapply paragraph 13(b) of Resolution 1737 (2006).

Where the application is for a contractual dealing (see subsection 22(3)), the Minister may permit the addition to the account of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the asset freeze (see subregulation 5(5) of the Charter of the United Nations (Dealing with Assets) Regulations 2008). However, any such interests, other earnings and payment continue to be subject to section 21. Notification to, or approval from the Committee is not required for contractual dealings. This is intended to reapply paragraph 14 of Resolution 1737 (2006).

The Minister’s decision to grant a permit for assets and controlled assets is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia’s relations with other countries and concern national security.

Permit decisions under section 22 may also require, amongst other things, that the Minister comply with various obligations under UNSC resolutions, including ensuring compliance with relevant international guidelines and engagement with the Committee. The Minister (or their delegate, who are well-versed in matters relating to foreign relations) are best placed to make such decisions.

Despite the above, decisions under section 22 may be subject to judicial review under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

Division 6 – Other prohibitions

Section 23 – Prohibition relating to selling or making available interests in sensitive commercial activities

Subsection 23(1) provides that a person contravenes the subsection if the person sells, or otherwise makes available, an interest in a sensitive commercial activity to an Iranian person or entity, a person or entity acting on behalf of, or at the direction of an Iranian person or entity, or an entity owned or controlled by an Iranian person or entity.

Subsection 23(2) provides that section 29 applies to subsection 23(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

Subsection 23(3) sets out the meaning of “sensitive commercial activity”. Sensitive commercial activity means a commercial activity involving uranium mining, production or use of nuclear materials and technology as listed in INFCIRC/254/Part 1.

This section is intended to reapply paragraph 7 of Resolution 1929 (2010).

Section 24 – Prohibition relating to transferring technology or technical assistance about ballistic missiles

Subsection 24(1) provides that a person contravenes the subsection if the person transfers technology, or provides technical assistance to Iran, and the technology or assistance is for, or relates to, an activity related to the development or use of ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology.

Subsection 24(2) provides that section 29 applies to subsection 24(1), which provides for extra-territorial effect as permitted by section 7 of the Act.

This section is intended to reapply paragraph 9 of Resolution 1929 (2010).

Section 25 – Prohibition relating to bunkering service

This section and section 26 are intended to reapply paragraph 18 of Resolution 1929 (2010).

Section 25 provides that a person contravenes the section if the person provides a bunkering service to an Iranian vessel and:

the service is provided from Australia or by an Australian national, whether or not the service is provided within Australia; and
the service is not authorised by a permit granted under section 26.

Bunkering service is defined in section 4 to mean the provision of fuel or supplies to the vessel, or other servicing of the vessel.

Together, sections 25 and 26 are intended to give the Minister broader visibility of all bunkering services proposed to be delivered to Iranian vessels.

Section 26 – Permits to provide bunkering services

Subsection 26(1) provides that the Minister may, on application, grant a person a permit authorising the provision of a bunkering service to an Iranian vessel.

Subsection 26(2) provides that the Minister must not grant a permit if:

the Minister reasonably believes the vessel carrying export sanctioned goods or import sanctioned goods;
the export sanctioned goods or import sanctioned goods have not been inspected and, if necessary, seized and disposed of; and
the Minister is not satisfied on reasonable grounds that the bunkering service is necessary for humanitarian purposes.

“Necessary” in this context is intended to mean reasonably appropriate and adapted for humanitarian purposes, rather than essential or indispensable.

The Minister’s decision to grant a permit authorising the provision of bunkering services is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia’s relations with other countries and concern national security.

Permit decisions under section 26 also require consideration of matters that are peculiarly within the knowledge of the Minister (and/or their delegate, who are well-versed in matters relating to foreign relations) including whether Australia has information that provides reasonable grounds to believe that a vessel is carrying export sanctioned goods or import sanctioned goods, whether the goods have been inspected, and whether it is necessary for humanitarian purposes. As such, it would not be appropriate for other persons to review the merits of the decision.

Despite the above, decisions under section 26 may be subject to judicial review under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

Section 27 – Prohibition relating to conducting business with entities specified in determination

This section and section 28 are intended to implement into Australian law, the requirements of paragraph 22 of Resolution 1929 (2010) as reapplied under paragraph 12 of Resolution 2231 (2015).

Paragraph 22 of Resolution 1929 (2010) as reapplied, provides that all States are to require their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction to exercise vigilance when doing business with entities incorporated in Iran or subject to Iran’s jurisdiction, if they have information that provides reasonable grounds to believe that such business could contribute to Iran’s proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems or to violations of relevant UNSC resolutions.

Subsection 27(1) provides that a person contravenes the subsection if:

the person is an Australian national or a person subject to Australian jurisdiction, an entity incorporated in Australia or an entity subject to Australian jurisdiction; and
the person conducts business with a specified entity, an individual or entity acting on behalf of, or under the direction of a specified entity, or an entity owned or controlled by a specified entity, and the business is not authorised by a permit granted under section 28.

Subsection 27(2) provides that the Minister may, by legislative instrument, determine a specified entity.

Subsection 27(3) requires the Minister to determine an entity to be a specified entity if the Minister reasonably believes that the entity is incorporated in Iran or subject to Iranian jurisdiction, and unauthorised business with the entity may contribute to Iran’s proliferation-sensitive nuclear activities, the development of nuclear weapon delivery systems or a violation of Resolutions 1737 (2006), 1747 (2007), 1803 (2008) or 1929 (2010).

Together, sections 27 and 28 are intended to give the Minister broader visibility of all business conducted with specified entities.

Section 28 – Permit to conduct business

Subsection 28(1) provides that the Minister may, on application, grant a person a permit authorising the conduct of business with an individual or entity mentioned in paragraph 27(1)(b).

Subsection 28(2) provides that the Minister must not grant the permit if the Minister reasonably believes that the business may contribute to the matters mentioned in paragraph 27(3)(b).

Subsection 28(3) provides that a permit is subject to any conditions specified in the permit.

The Minister’s decision to grant a permit to conduct business is not subject to merits review. Decisions of this kind involve consideration of sensitive political issues because they may affect Australia’s relations with other countries and concern national security.

Permit decisions under section 28 require, amongst other things, that the Minister reasonably believes that the business with the entity may contribute to Iran’s proliferation-sensitive nuclear activities, the development of nuclear weapons delivery systems or a violation of international resolutions. These are matters within the peculiar knowledge of the Minister and/or their delegate, who are well-versed in matters relating to foreign relations.

Despite the above, decisions under section 28 may be subject to judicial review under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution. Such decisions may also be reviewed under the ADJR Act.

Division 7 – Miscellaneous

Section 29 – Extra-territorial effect of certain provisions

Section 29 provides for the extraterritoriality of the prohibitions set out in Part 2. This is permitted by section 7 of the Act.

Paragraphs 29(1)(a) and 29(1)(b) provide that conduct does not contravene a provision to which subsection 29(1) applies unless the conduct, or a result of the conduct occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship.

Paragraph 29(1)(c) provides that conduct does not contravene a provision to which subsection 29(1) applies unless the conduct occurs wholly outside Australia and at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen or a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory.

Subsection 29(2) provides that conduct does not contravene a provision to which subsection 29(2) applies if the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship, the person who engages in the conduct is neither an Australian citizen nor a body corporate incorporated by or under a law of the Commonwealth, a State or a Territory, and there is not in force in the foreign country where the conduct occurs, a law that corresponds to a provision of Part 2.

It is intended that the Minister will consider whether to specify provisions of Part 2 as UN sanction enforcement laws for the purposes of section 2B of the Act. If the Minister so decides to specify provisions, then a contravention of such provisions would constitute an offence with extraterritorial application under section 27 of the Act.

Section 30 – Permits granted by foreign countries

Section 30 provides for permits granted by foreign countries, as mentioned in paragraphs 9(4)(b), 16(3)(b) and 16(4)(b).

Subsection 30(1) provides that for the purposes of Part 2, a permit is taken not to have been granted by a foreign country to a person unless the person adduces or points to evidence that suggests a reasonable possibility that the permit was granted by a foreign country, and if so adduced, the permit is taken to have been granted unless it is proved otherwise.

A defendant bears an evidential burden in relation to whether a permit was granted by a foreign country. This is appropriate because the question of whether a foreign country has granted a permit relating to a UNSC sanction for Iran, would be information that is peculiarly within the permit holder’s knowledge.

Subsection 30(2) provides that for the purposes of Part 2, a permit is taken not to have been properly granted if it is provided the permit was granted on the basis of false or misleading information provided by any person or corrupt conduct by any person.

Part 3 - Miscellaneous

Section 31 – No claims for breaches of contract or failure to perform transactions

Section 31 provides that persons and entities targeted by Resolutions 1737 (2006), 1747 (2007), 1803 (2008) or 1929 (2010) cannot make a claim, action or demand, in respect of conduct done in compliance with those resolutions.

Subsection 31(1) provides that certain persons or entities must not make a claim or demand, or take any action, against any other person or entity for breach of contract, or a failure to perform a transaction, if the performance of the contract or transaction was prevented under the Regulations, or because of UNSC resolutions relating to Iran, as existing from time to time.

Subsection 31(2) provides that the subsection applies to:

the Government of Iran;
an Iranian person or entity;
a designated person or entity; and
a person or entity able to claim through, or for the benefit of any of the above.

Subsection 31(3) provides that this section has effect despite any provision of a law of the Commonwealth, or of a State or Territory.

Section 32 – Delegations by Minister

Subsection 32(1) provides that, subject to subsection 32(4), the Minister may delegate the Minister’s powers and functions under the Regulations to the Secretary of the Department or an SES employee or acting SES employee in the Department.

Subsection 32(2) provides that the delegation must be in writing.

Subsection 32(3) provides that a delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.

Subsection 32(4) provides that despite the above, the Minister may not delegate a power to make a legislative instrument, or the Minister’s power of delegation under subsection 32(1). Examples of powers to make a legislative instrument under the Regulations include the power to designate goods as export sanctioned goods (under subjection 8(2)) or to specify an entity for the purposes of prohibiting business with the entity (under subsection 27(2)).

Part 4 – Application and transitional provisions

Section 33 – Definitions

This section defines words and expressions used for the purposes of Part 4 of the Regulations.

A reference to “old Regulations” means the Charter of the United Nations (Sanctions– Iran) Regulation 2016, as in force immediately before the old Regulations cessation day.

The old Regulations cessation day is 28 September 2025. This is a reference to section 8 of the Act which provides that regulations giving effect to particular decisions of the UNSC cease to have effect when Article 25 of the Charter ceases to require Australia to carry out that decision. The particular decision of the UNSC is paragraph 7 of Resolution 2231 (2015), which was terminated by paragraph 12 of the same Resolution.

Section 34 – Permits

This section is intended to save permit applications made or permits granted under the old Regulations.

Subsection 34(1) provides that if an application for a permit to make a sanctioned supply, to provide a sanctioned service, or for assets and controlled assets was made under the old Regulations, and before the old Regulations cessation day, the Minister had not made a decision on the application, the application has effect, and may be dealt with from the commencement of the Regulations, as if it had been made under the Regulations.

Subsection 34(2) provides that if a permit to make a sanctioned supply, to provide a sanctioned service, or for assets and controlled assets was granted under the old Regulations, and was in force immediately before the old Regulations cessation day, the permit has effect, and may be dealt with from the commencement of the Regulations, as if it had been made under the Regulations.

Subsection 34(3) sets out the equivalent powers under the old Regulations and the Regulations, in relation to permits and permit applications to make a sanctioned supply, to provide a sanctioned service, or for assets and controlled assets. Permits to procure import sanctioned goods or relating to selling or making available an interest in sensitive commercial activities under the old Regulations are not saved as there is no permit making power under the Regulations.

ATTACHMENT B

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) Regulations 2025

This Disallowable Legislative Instrument 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.

Overview of the Disallowable Legislative Instrument

The Charter of the United Nations Act 1945 (the Act) provides legislative approval for the Charter of the United Nations (the Charter) in Australian law.

prevent the supply, sale or transfer of goods which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems, and arms or related matériel;
prevent the provision to Iran of any technical assistance or training, financial assistance, investment, brokering or other services or the transfer of financial resource or services relating to the goods, or the transfer of technology or technical assistance to Iran related to ballistic missiles capable of delivering nuclear weapons;
prohibit the procurement of certain goods from Iran;
prohibit certain investment in any interest in commercial activity involving uranium mining, production or use of certain nuclear materials and technology;
freeze the funds, other financial assets and economic resources of persons or entities designated by the UNSC or by the Committee established by paragraph 18 of Resolution 1737 (2006);
prohibit the provision of bunkering services to vessels believed to be carrying prohibited goods; and
require its nationals to exercise vigilance when doing business with entities believed to be contributing to Iran’s proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems or to violations of relevant resolutions.

Human rights implications

The Regulations implement binding decisions of the UNSC pursuant to Chapter VII of the Charter, which Australia is required to implement as a matter of international law.

Consistently with the Iran sanctions framework established by the UNSC under Resolution 2231 (2015), the objective of the Regulations is to exclude the possibility of military dimensions of Iran’s nuclear program and to maintain international peace and security, therefore advancing human rights.

Accordingly, the Government considers that the Regulations are compatible with human rights because they promote the protection of human rights and implement binding decisions of the UNSC in accordance with Australia’s international obligations. To the extent that they may limit human rights, the Government considers the measures contained in the Regulations are a reasonable, necessary and proportionate means of achieving the legitimate objective of the Regulations while giving effect to Australia’s international obligations.

The human rights engaged by the Regulations are:

the right to privacy;
the right to freedom of assembly and association;
the right to an adequate standard of living;
the right to equality and non-discrimination; and
the right to work.

The compatibility of the Regulations with these each of these rights is addressed below.

Right to privacy

Article 17 of the International Covenant on Civil and Political Rights (the ICCPR) prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence.

The use of the term ‘arbitrary’ in the ICCPR means that any interferences with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the individual circumstances. Arbitrariness connotes elements of injustice, unpredictability, unreasonableness, capriciousness and ‘unproportionality’.[1]

Permissible limitations

The Regulations are not an unlawful interference with an individual’s right to privacy. The Regulations are made pursuant to section 6 of the Act, which states that the Governor‑General may make regulations for and in relation to giving effect to decisions that the Security Council makes under Chapter VII of the Charter and that Article 25 of the Charter requires Australia to carry out.

The imposition of targeted financial sanctions under the Regulations constitutes a reasonable limitation on the right to privacy. Pursuant to section 4 of the Regulations, the UNSC and the Committee established under paragraph 18 of Resolution 1737 (2006) (the Committee) are responsible for designating persons and entities for the imposition of targeted financial sanctions. The UNSC and Committee use predictable, publicly available criteria when designating a person as being subjected to such measures. These criteria capture only those persons or entities who the UNSC and Committee are satisfied as being engaged in, directly associated with or providing support for Iran’s proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems, or have assisted designated persons or entities in evading sanctions or in violating the provisions of UNSC resolutions.

The imposition of targeted financial sanctions under the Regulations is necessary and proportionate. The targeted financial sanctions are imposed, pursuant to the Charter, in response to Iran’s nuclear program. Noting the seriousness of this situation, the targeting of specific individuals for financial sanctions is the least rights-restrictive way to respond.

Accordingly, the imposition of targeted financial sanctions under the Regulations is reasonable, necessary and proportionate to the individual circumstances that the sanctions seek to address. Any interference with the right to privacy as a consequence of the operation of the Regulations is not arbitrary or unlawful and is consistent with Australia’s obligations under Article 17 of the ICCPR.

Right to freedom of assembly and association

Articles 21 and 22 of the ICCPR recognise the right to peaceful assembly and freedom of association. Targeted financial sanctions, as well as other sanctions directly against persons or entities in Iran may limit a person’s ability to engage or do business with those persons or entities, or a member of such group.

Permissible limitations

The right to freedom of assembly and association may be restricted when the restrictions are imposed in conformity with the law and are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.

The Regulations implement Australia’s obligations under international law, to deal with a situation of international concern, and to establish and maintain international peace and security. Iran’s nuclear program and its potential military dimension present a threat to national security or public safety public order, the protection of public health or morals or the protection of the rights and freedoms of others, including of Western democracies.

The imposition of sanctions is intended to ensure that Iran fully comply with all of its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and contribute to global non-proliferation efforts and to realise the objective of a Middle East free of weapons of mass destruction. These targeted sanctions are therefore necessary and proportionate to achieving this important objective.

Right to an adequate standard of living

The right to an adequate standard of living is contained in Article 9(1) of the International Covenant on Economic, Social and Cultural Rights (the ICESCR) and requires States to ensure the availability and accessibility of the resources that are essential to the realisation of the right, including access to food, water, clothing and housing.

Article 4 of ICESCR provides that this right may be subject to such limitations ‘as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society’. To be consistent with the ICESCR, limitations must be proportionate.

Permissible limitations

Any limitation on the enjoyment of the right in Article 9(1), to the extent that it occurs, is reasonable and necessary to achieve the objective of the Regulations and is proportionate due to the targeted nature of the financial sanctions imposed.

The relevant UNSC Resolutions relating to Iran’s nuclear program respond to a situation of international concern. The possibility of military dimensions to Iran’s nuclear program threatens the welfare of nation States, including the Middle East and Western democracies. The sanctioned activities have been imposed by the UNSC, owing to its capacity to contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, as well as other topics about which the IAEA has expressed concerns or identified as outstanding. The Regulations therefore, deal with a matter important to Australia’s national security interests and are justifiable having regard to those interests.

The Regulations also provide sufficient flexibility to allow for any adverse impacts on individuals and family members as a consequence of targeted financial sanctions to be mitigated. The Regulations provide that the Minister may, on application, grant a permit for the payment of basic expenses (among others) in certain circumstances. The objective of sections 19, 21 and 22 of the Regulations, which allow for permits to pay for basic expenses is, in part, to enable the Australian Government to administer its sanctions frameworks in a manner compatible with relevant human rights standards.

The permit process is a flexible and effective safeguard on any limitation to the enjoyment of the right in Article 9(1).

Right to equality and non-discrimination

The right to equality and non-discrimination under Article 26 of the ICCPR provides that everyone is entitled to enjoy their rights without discrimination of any kind, and that people are equal before the law and are entitled without discrimination to the equal and non-discriminatory protection of the law.

Differential treatment (including the differential effect of a measure that is neutral on its face) will not constitute unlawful discrimination if the differential treatment is based on reasonable and objective criteria, serves a legitimate objective, and is a proportionate means of achieving that objective.

Permissible limitations

Any differential treatment of people as a consequence of the application of the Regulations does not amount to discrimination pursuant to the right in Article 26 of the ICCPR.

The objective of the Regulations is to give effect to sanctions-related decisions of the UNSC in response to Iran’s nuclear program and its potential military dimension, undermining the peace, stability and security of the broader international community, including the Middle East.

On the basis that the Regulations relate to actions which threaten international peace, security, and stability, it is possible that the Committee may be more likely to designate people with Iranian nationality or of Iranian national origin. Any such difference in treatment on the basis of nationality or national origin would have an objective and justifiable basis and would be reasonable and proportionate in the circumstances of each case.

The designation criteria contained in paragraph 12 of Resolution 1737 (2006), paragraph 7 of Resolution 1803 (2008) and paragraph 11 of Resolution 1929 (2010) are reasonable and objective. They are reasonable in that they relate only to the situation in Iran. The criteria are also objective, as they provide a clear, consistent and objectively verifiable reference point by which the UNSC and the Committee are able to make a designation. The Regulations serve a legitimate objective, as discussed above.

Certain trade measures, such as the prohibition relating to import sanctioned goods and sanctioned services may curtail conduct that have a nexus to Iranian persons or entities (see sections 14, 15 and 16 of the Regulations in particular). However, those prohibitions only apply insofar as they relate to goods, the supply or procurement of which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapons delivery systems, and therefore the prohibitions serve legitimate purposes.

The Regulations are necessary and proportionate. The imposition of financial sanctions is a highly targeted, justified and minimally rights-restrictive means of achieving the aims of the Regulations.

The Government does not have information that supports the view that affected groups are vulnerable. Rather, those subject to targeted financial sanctions are persons the Committee has specifically determined should be subject to sanctions, on the basis of the criteria established by the UNSC. Further, there are several safeguards, such as the availability of judicial review, in place to ensure that any limitation is proportionate to the objective being sought.

Right to work

Article 6 of the ICESCR recognises the right to work, which includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept. The UN Committee on Economic Social and Cultural Rights has stated that the right to work affirms the obligation of State parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly.

Trade sanctions imposed by the Regulations may limit a person’s ability to engage in certain trades, including the supply, sale, transfer or procurement of certain goods, services relating to such activities, the selling or making available an interest in sensitive commercial activity and conducting businesses with specified entities.

Permissible limitation

Article 4 of the ICESCR provides that the right is subject to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

As discussed above, the relevant UNSC Resolutions relating to Iran’s nuclear program respond to a situation of international concern and the possibility of military dimensions threatens the welfare of nation States, including the Middle East and Western democracies. The imposition of robust sanctions is necessary to influence Iran to cease their activities of international concern.

The Regulations also reflect permissible derogations, consistent with UNSC resolutions, to the extent that the dealings are not of international concern. Subsections 10(1), 17(1), 22(1), 26(1) and 28(1) of the Regulations allow for permits for trade measures where relevant criteria have been met, including where the Minister is satisfied the conduct is unrelated to, or will not contribute to Iran’s nuclear program and/or the UNSC or relevant Committee has been notified of the proposed conduct.

To the extent that the Regulations engage a person’s right to work, that limitation is proportional to the objectives of the sanction, and justified.

Conclusion

The Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

[1] Manfred Nowak, United Nations Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 1993) 178.

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