Charter of the United Nations (Sanctions - Iran) (Specified Entities) List 2010

Administered by Department of Foreign Affairs and Trade

Legislation au F2010L02236 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 Act 1945

 

Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010

 

The Charter of the United Nations (Sanctions – Iran) Regulations 2008 (the Regulations) commenced on 24 March 2008. The purpose of the Regulations is to implement Australia’s obligations under United Nations Security Council (UNSC) resolutions 1737 (23 December 2006), 1747 (24 March 2007), 1803 (3 March 2008) and 1929 (9 June 2010) to impose sanctions in relation to Iran.

 

In paragraph 22 of resolution 1929, the UNSC decided that all States shall 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, including those of the Islamic Revolutionary Guard Corps (IRGC) and the Islamic Republic of Iran Shipping Lines (IRISL), and any individuals or entities acting on their behalf or at their direction, and entities owned or controlled by them, including through illicit means, 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 resolutions 1737, 1747, 1803 or 1929.

 

Regulations 17E and 17F of the Regulations give effect to this obligation.  Subregulation 17E (3) provides that the Minister must specify an entity, by legislative instrument, if the Minister has reasonable grounds to believe that the entity is incorporated in Iran or subject to Iran’s jurisdiction and that unauthorised business with the entity may contribute to Iran’s proliferation sensitive nuclear or missile activities or to violations of resolutions 1737, 1747, 1803 and 1929. 

 

Subregulation 17E (2) of the Regulations provides that a person referred to in subregulation 17E (1) (that is, an Australian national or body corporate, or a person or entity subject to Australia’s jurisdiction) must not conduct business with a specified entity, or an entity acting on behalf of, or at the direction of, or owned or controlled by, the specified entity, other than in accordance with an authorisation granted by the Minister for Foreign Affairs under regulation 17F.  Subregulation 17F (2) provides that the Minister must not authorise such business if the Minister has reasonable grounds to believe the business may in fact contribute to Iran’s proliferation sensitive nuclear or missile activities or to violations of resolutions 1737, 1747, 1803 or 1929.

 

The Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010 (the Specified Entities List) includes entities specified by the Minister pursuant to subregulation 17E (3) of the Regulations.  The specified entities are listed in Schedule 1 of the Specified Entities List and are classified into five categories. These categories are in turn based on classes of entities directly identified in resolution 1929 as requiring vigilance owing to the risk that business with them could contribute to Iran’s proliferation-sensitive nuclear activities, or the development of nuclear weapon delivery systems, or to violations of sanctions. 

 


The categories are:

 

(a) Entities linked with Iran’s nuclear and ballistic missile programs;

(b) Islamic Revolutionary Guard Corps entities;

(c) Transportation sector entities;

(d) Financial services entities; and

(e) Energy sector entities.

 

Section 5 of the Specified Entities List provides that:

 

“the date on which a listing of a specified entity (“the relevant entity”) takes effect shall be:

 

(a) for a person referred to in subregulation 17E(1) of the Regulations who is already conducting business with the relevant entity on the date on which the relevant entity was listed (the listing date), the thirtieth day following the listing date; or

 

(b) in all other circumstances, the listing date.”

 

This allows a person referred to in subregulation 17E(1) of the Regulations who is already conducting business with a specified entity on the day the entity is specified to have 30 days from the date the entity is specified to either apply for authorisation to carry on that particular business or wind up all dealings with the specified entity.

 

If the person applies for authorisation to carry on the business, he or she will be issued, immediately upon receipt of the application for authorisation, a provisional permit (to cover the period in which the application is assessed pursuant to regulation 17F of the Regulations) subject to the following minimum conditions:

 

  • nothing in the permit authorises the company to engage in conduct otherwise prohibited by a UN sanction enforcement law;
  • the company must not conduct new business with the specified entity.

 

For the avoidance of doubt, nothing in subparagraph 5 (a) of the Specified Entities List authorises a person referred to in subregulation 17E (1) of the Regulations who is not already conducting business with a specified entity on the day the entity is specified to initiate business with such an entity without first applying for authorisation to do so.

 

Interdepartmental and industry consultations were undertaken during the preparations of the Regulations. Public consultations on the implementation of regulations made under the Charter of the United Nations Act 1945 are conducted annually. No specific public consultation was undertaken in relation to the Specified Entities List as it implements Australia’s international legal obligations arising from decisions of the United Nations Security Council.

 

The resolutions were adopted under Article 41 of Chapter VII of the Charter of the United Nations and the measures are binding on Australia pursuant to article 25 of the Charter. The relevant United Nations Security Council Resolutions can be found on the UN website (www.un.org.au).


 

Details of the Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010

 

Section 1 Name of List

 

Section 1 of the List provides that the name of the List is the Charter of the United Nations (Sanctions - Iran) (Specified Entities) List 2010.

 

Section 2 Commencement

 

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

 

Section 3 Listing of specified entities

 

Section 3 of the List provides that for subregulation 17E (3) of the Charter of the United Nations (Sanctions – Iran) Regulations 2008 (the Regulations), Schedule 1 of the List lists specified entities.  Section 3 includes a note to the effect that subregulation 17E (2) of the Regulations provides that it is a contravention of subregulation 17E (2) to conduct business with (i) a specified entity, (ii) an individual or entity acting on behalf of, or at the direction of, the specified entity or (iii) an entity owned or controlled, whether or not by illicit means, by the specified entity, other than in accordance with an authorisation granted by the Minister for Foreign Affairs pursuant to regulation 17F.

 

Section 4 Effective date for listing of a specified entity

 

Section 4 of the List provides that the date on which a listing of a specified entity (“the relevant entity”) takes effect shall be: (a) for a person referred to in subregulation 17E(1) of the Regulations who is already conducting business with the relevant entity on the date on which the relevant entity was listed (the listing date), the thirtieth day following the listing date; or (b)              in all other circumstances, the listing date.  Section 4 includes a note to the effect that a person referred to in subregulation 17E (1) of the Regulations is a person who is (a) an Australian national, or (b) subject to Australian jurusdiction, or (c) an entity incorporated in Australia, or (d) an entity subject to Australian jurisdiction.

 


Schedule 1 List of specified entities

 

Part 1  Entities with links to Iran’s nuclear and ballistic missile programs

 

Part 1 of Schedule 1 of the List provides the names and relevant identifying information (including alternative names and identifying information) of entities specified by the Minister based on their links to Iran’s nuclear and ballistic missile programs.

 

Part 2  Islamic Revolutionary Guard Corps Entities

 

Part 2 of Schedule 1 of the List provides the names and relevant identifying information (including alternative names and identifying information) of the Islamic Revolutionary Guard Corps (IRGC) and of entities specified by the Minister based on their links to the IRGC.

 

Part 3  Transportation entities

 

Part 3 of Schedule 1 of the List provides the names and relevant identifying information (including alternative names and identifying information) of the Islamic Republic of Iran Shipping Line (IRISL), of entities specified by the Minister based on their links to the IRISL, transportation entities, and of other entities in Iran’s transportation sector specified by the Minister based on measures contained in resolution 1929 indicating a risk of the involvement of such entities in the transportation of items the supply, sale, transfer, or export of which is prohibited by paragraphs 3, 4 or 7 of resolution 1737, paragraph 5 of resolution 1747, paragraph 8 of resolution 1803 or paragraphs 8 or 9 of resolution 1929.

 

Part 4  Financial sector entities

 

Part 4 of Schedule 1 of the List provides the names and relevant identifying information (including alternative names and identifying information) of financial sector entities, based on measures contained in resolution 1929 indicating a risk that Iranian financial sector entities may contribute to Iran’s proliferation-sensitive nuclear activities, or the development of nuclear weapon delivery systems.

 

Part 5  Energy sector entities

 

Part 5 of Schedule 1 of the List provides the names and relevant identifying information (including alternative names and identifying information) of entities specified by the Minister in Iran’s energy sector, based on information in resolution 1929 noting the potential connection between Iran's revenues derived from its energy sector and the funding of its proliferation sensitive activities, as well as the dual-use nature of goods used in the petrochemical sector with those required for certain sensitive nuclear fuel cycle activities.

Overview

The Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010 was enacted to implement Australia's obligations under United Nations Security Council resolutions 1737, 1747, 1803, and 1929, which aim to impose sanctions on Iran due to its proliferation-sensitive nuclear activities and development of nuclear weapon delivery systems. This legislation was introduced by the Australian Parliament to align with international efforts to curb Iran's nuclear programme and related activities. The specified entities list identifies organisations and individuals subject to sanctions, requiring Australian nationals and entities to exercise vigilance when doing business with them. The overarching policy objective is to enforce international sanctions and contribute to global efforts to prevent Iran from developing nuclear weapons, thereby promoting international peace and security. The enacting body is the Australian Parliament, reflecting the nation's commitment to international cooperation in enforcing United Nations mandates. The specified entities list, classified into five categories, includes entities linked to Iran’s nuclear and ballistic missile programs, Islamic Revolutionary Guard Corps entities, transportation sector entities, financial services entities, and energy sector entities. The list provides a clear framework for businesses and individuals to comply with international sanctions, ensuring that Australia fulfils its international obligations and supports global non-proliferation efforts.

Scope and Application

The Charter of the United Nations (Sanctions – Iran) Regulations 2008 apply to Australian nationals, bodies corporate, and entities subject to Australia’s jurisdiction, enforcing vigilance in conducting business with specified Iranian entities to prevent contributions to Iran's proliferation-sensitive nuclear activities or missile development, as mandated by United Nations Security Council resolutions. The Regulations necessitate the Minister for Foreign Affairs to specify entities through legislative instruments if there are reasonable grounds to believe that such entities are linked to Iran and that business with them could contravene the UNSC resolutions. The specified entities are classified into five categories based on their connection to Iran's nuclear and ballistic missile programs, the Islamic Revolutionary Guard Corps, transportation, financial services, and energy sectors. The Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010 provides details of these entities, with provisions allowing existing business relationships to wind up over a 30-day period or seek authorisation. The Regulations are binding on Australia under the Charter of the United Nations Act 1945 and Chapter VII of the UN Charter.

Key Provisions

The Charter of the United Nations (Sanctions – Iran) Regulations 2008, and specifically the Charter of the United Nations (Sanctions – Iran) (Specified Entities) List 2010, outline the framework for implementing Australia's obligations under United Nations Security Council resolutions concerning Iran. These regulations are designed to prevent Australian nationals, entities incorporated in Australia, and entities subject to Australian jurisdiction from engaging in business with entities in Iran that could potentially contribute to Iran's nuclear proliferation or violate UN sanctions. Section 17E(2) of the Regulations explicitly prohibits conducting business with specified entities unless authorised by the Minister for Foreign Affairs under Section 17F. The Specified Entities List, detailed in Schedule 1, categorises entities into five groups based on their potential risk of involvement in prohibited activities: entities linked with Iran's nuclear and ballistic missile programs, Islamic Revolutionary Guard Corps entities, transportation sector entities, financial services entities, and energy sector entities. These regulations impose specific obligations on Australian nationals, entities incorporated in Australia, and entities subject to Australian jurisdiction to refrain from conducting business with the listed entities. For those already engaged in business with a newly listed entity, Section 5 of the Specified Entities List provides a grace period of 30 days to either wind up their dealings or apply for authorisation to continue the business. If an application for authorisation is made, a provisional permit is issued with conditions ensuring no new business is initiated with the specified entity and that the permit does not authorise conduct otherwise prohibited by UN sanctions. Failure to comply with these regulations can result in significant consequences. Conducting business with a specified entity without authorisation is a contravention of subregulation 17E(2), and the Minister for Foreign Affairs may refuse to grant an authorisation if it is believed that the business may contribute to Iran's nuclear proliferation or violate UN sanctions. The potential penalties for such breaches are not explicitly detailed in the provided text, but generally, non-compliance with UN sanctions can lead to severe civil and criminal penalties under Australian law, including fines and imprisonment. Given the serious nature of the activities these regulations aim to prevent, the potential penalties for violations are likely to be significant, reflecting the gravity of engaging in activities that support nuclear proliferation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.