Annual Regulatory Plan 2011-12 - Department of Foreign Affairs And Trade
Explanatory Text
The Department of Foreign Affairs and Trade, like other Commonwealth agencies, is required to publish a regulatory plan on its website each financial year.
The regulatory plan deals with changes within the Department's area of responsibility and contains information about:
- changes to business regulation which have occurred since the beginning of the previous financial year; and
- activities planned in the current financial year which could lead to changes to business regulation.
What regulation does a regulatory plan cover?
A regulatory plan covers business regulation. This includes primary legislation, subordinate legislation, quasi-regulation or treaties which directly affect business, have a significant indirect effect on business, or restrict competition.
Quasi-regulation refers to rules or arrangements where governments influence businesses to comply, but which do not form part of explicit government regulation.
A regulatory plan does not include information about the following:
- regulations of a minor or machinery nature that do not substantially alter existing arrangements;
- regulations that involve consideration of specific Government purchases;
- regulations of a state or self-governing territory that apply in a non-self governing territory; and
- anticipated activity about which it would be inappropriate to publish information on grounds of confidentiality.
In addition, there may be regulatory activities undertaken during the next financial year which have not been included in a regulatory plan because they could not be foreseen when the plan was prepared at the start of the financial year.
In view of these exclusions, users should not take a regulatory plan to be a comprehensive source of information on past or potential changes to business regulation.
Changes to Business Regulation that Occurred in 2010-11
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions - Somalia) Amendment Regulations 2010 (No. 1) |
| Description of issue | The Charter of the United Nations (Sanctions - Somalia) Amendment Regulations 2010 (No. 1) (the Regulations) amended the Charter of the United Nations (Sanctions - Somalia) Regulations 2008 (the Principal Regulations) to implement obligations arising from the United Nations Security Council (UNSC) resolution 1916. Under resolution 1916 (19 March 2010) the UNSC decided that for a period of twelve months from the date of the adoption of the new resolution, and without prejudice to humanitarian assistance programmes conducted elsewhere, the obligations imposed on UN Member States in paragraph 3 of Resolution 1844 (2 December 2008) shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialized agencies or programmes, humanitarian organizations having observer status with the United Nations General Assembly that provide humanitarian assistance, or their implementing partners. Paragraph 3 of resolution 1884 imposed an obligation on UN Member States to freeze the funds, other financial assets and economic resources owned or controlled by individuals and entities designated by the Committee established under paragraph 11 of resolution 751. This obligation is given legal effect in sub-regulations 13(1) and 14(1) of the Principal Regulations. The Regulations amended the prohibition relating to dealings with designated persons or entities provided by sub-regulations 13(1) and 14(1) of the Principal Regulations to include this new exception. |
| Date of effect | 13 July 2010 (commencement date) |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions - Iran) Amendment Regulations 2010 (No. 1) |
| Description of issue | The Charter of the United Nations (Sanctions - Iran) Amendment Regulations 2010 (No. 1) (the Regulations) amended the Charter of the United Nations (Sanctions – Iran) Regulations 2008 (the Principal Regulations) to implement obligations of the United Nations Security Council (UNSC) that have arisen since the Principal Regulations were last amended in April 2009. The Regulations amended the Principal Regulations to give effect to the measures in resolution 1929, including imposing prohibitions relating to goods and technology, services, investment and business dealings and imposes targeted financial sanctions and travel bans against designated entities and individuals. |
| Date of effect | 23 July 2010 (commencement date) |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 2) |
| Description of issue | The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2010 (No. 2) (the Amendment Declaration) made a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (the Declaration) to reflect amendments to the Charter of the United Nations (Sanctions – Iran) Regulations 2008, made under the Charter of the United Nations (Sanctions – Iran) Amendment Regulations 2010. The Amendment Declaration substituted a new Schedule 1 in the Declaration, specifying that regulations 10, 11A, 12, 13, 15, 16, 17A, 17B, 17C and 17E of the Charter of the United Nations (Sanctions – Iran) Regulations 2008 are UN sanction enforcement laws. |
| Date of effect | 23 July 2010 (commencement date) |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Sierra Leone) Repeal Regulations 2010 |
| Description of issue | On 29 September 2010 the United Nations Security Council (UNSC) adopted resolution 1940 (2010), terminating, with immediate effect, the measures set forth in paragraphs 2, 4 and 5 of resolution 1171 (1998). The regulations repealed the Charter of the United Nations (Sanctions - Sierra Leone) Regulations 2008, which gives legal effect to paragraphs 2 and 4 of UNSC resolution 1171 (1998). |
| Date of effect | By operation of section 8 of the Charter of the United Nations Act 1945, the Charter of the United (Sanctions – Sierra Leone) Regulations 2008 ceased to have legal effect on the adoption of resolution 1940, that is, 29 September 2010. |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Côte d’Ivoire) Amendment Regulations 2010 (No 1) |
| Description of issue | On 15 October 2010 the United Nations Security Council (UNSC) adopted resolution 1946 in relation to Côte d’Ivoire. Paragraph 5 of resolution 1946 provides that the arms embargo will not apply to supplies of non-lethal equipment intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order, as approved in advance by the Committee. The regulations amend the Charter of the United Nations (Sanctions – Côte d’Ivoire) Regulations 2008 to implement paragraph 5 of resolution 1946 (2010). The amendments insert a new paragraph into sub-regulation 10(2) which provides that the Minister may grant a permit to make a sanctioned supply if the sanctioned supply is:
|
| Date of effect | 14 December 2010 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Sudan) Amendment Regulations 2010 (No. 1) |
| Description of issue | On 14 October 2010 the United Nations Security Council (UNSC) adopted resolution 1945 in relation to Sudan. Paragraph 9 of resolution 1945 provides that all States must notify the Committee in advance of providing assistance and supplies in support of the implementation of the Comprehensive Peace Agreement. Paragraph 10 of resolution 1945 provides that all States must ensure that any permitted sale or supply of arms and related materiel to Sudan is made conditional upon the necessary end user documentation in order to enable States to ascertain that any such sale or supply is conducted consistent with the conditions in accordance with which the sale or supply is permitted. The regulations amend the Charter of the United Nations (Sanctions – Sudan) Regulations 2008 to implement paragraphs 9 and 10 of resolution 1945 (2010). In order to give effect to paragraph 9:
In order to give effect to paragraph 10:
|
| Date of effect | 14 December 2010 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011 |
| Description of issue | These Regulations implement Australia's obligations under United Nations Security Council resolution 1970 (26 February 2011) imposing sanctions against Libya. The Regulations implement prohibitions relating to the supply, sale or transfer to Libya or procurement from Libya of arms and related materiels and related services, and imposes targeted financial sanctions and travel bans against designated entities and individuals. |
| Date of effect | 17 March 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1) |
| Description of issue | The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 1) (the Amendment Declaration) made a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (the Declaration) to reflect the implementation of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011 and amendments to the Customs (Prohibited Exports) Regulations 1958 and the Customs (Prohibited Imports) Regulations 1956. The Amendment Declaration substituted a new Schedule 1 in the Declaration specifying that Regulations 6, 8, 9, 11 and 12 of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011, Regulation 13CS of the Customs (Prohibited Exports) Regulations 1958 and regulation 4ZB of the of the Customs (Prohibited Imports) Regulations 1956 are UN sanction enforcement laws. |
| Date of effect | 17 March 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Amendment Regulations 2011 |
| Description of issue | These Regulations amend the Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011 to give effect to United Nations Security Council resolution 1973, adopted on 17 March 2011. |
| Date of effect | 22 April 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 2) |
| Description of issue | The Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2011 (No. 2) (the Amendment Declaration) made a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (the Declaration). The substituted Schedule 1adds new regulations 13A and 13C to item 10, which now provides that Regulations 6, 8, 9, 11, 12, 13A and 13C of the Charter of the United Nations (Sanctions – Libyan Arab Jamahiriya) Regulations 2011 are UN sanction enforcement laws. The substituted Schedule 1 reinserts regulations 11A, 17A, 17B, 17C and 17E to item 6, which now provides that Regulations 10, 11A, 12, 13, 15, 16, 17A, 17B, 17C and 17E of the Charter of the United Nations (Sanctions – Iran) Regulations 2008 are UN sanction enforcement laws. The substituted Schedule 1 removes regulation 7 of the Charter of the United Nations (Sanctions – Sierra Leone) Regulations 2008 from item 11, as a consequence of United Nations Security Council resolution 1940, 29 September 2010, to terminate, with immediate effect, sanctions measures imposed on Sierra Leone. The items that were numbered 12, 13, 14, 15 and 16 in the previous Schedule 1 are numbered 11, 12, 13, 14 and 15 in the substituted Schedule 1. The substituted Schedule 1 removes regulations 13CG, 13CH, 13CI and 13CJ of the Customs (Prohibited Exports) Regulations 1958 from item 13. Regulation 13CG, which implemented Australia’s obligations under United Nations Security Council (UNSC) resolution 1011 (1995) prohibiting the export of paramilitary goods to Rwanda, was repealed by the Customs (Prohibited Exports) Amendment Regulations 2008 (No 2) following the adoption of UNSC resolution 1823, terminating sanctions measures imposed on Rwanda. Regulation 13CH, which implemented Australia’s obligations under UNSC resolutions 1132 (1997) and 1171 (1998) prohibiting the unauthorised supply, sale or transfer of arms or related materiel to Sierra Leone, was repealed by the Customs (Prohibited Exports) Amendment Regulations 2010 (No 3) following the adoption of UNSC resolution 1940 (2010), terminating sanctions measures imposed on Sierra Leone. Regulations 13CI and 13CJ are no longer UN sanction enforcement laws. |
| Date of effect | 22 April 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations Legislation Amendment Regulations 2011 (No. 1) |
| Description of issue | The Regulations amend nine sets of Principal Regulations made under the Charter of the United Nations Act 1945 to authorise the Minister for Foreign Affairs to delegate certain powers and functions (other than the power of delegation) to either the Secretary of the Department of Foreign Affairs and Trade (DFAT) or a Senior Executive Service (SES) employee, or acting SES employee, in DFAT. The Regulations amend the:
The Regulations expedite the process of assessing applications for permits authorising what would otherwise be unlawful activity. Such permits were previously granted by the Minister after consideration of criteria specified in relevant UNSC resolutions. As the process of determining compliance with UNSC resolutions involves a legal rather than political assessment, the process is optimised if it is delegated to the Secretary of DFAT or an SES, or acting SES, DFAT officer. |
| Date of effect | 18 May 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions Act 2011 |
| Description of issue | The purpose of the Autonomous Sanctions Act is to strengthen Australia’s autonomous sanctions regime by allowing greater flexibility in the range of measures Australia can implement, thus ensuring Australia’s autonomous sanctions match the scope and extent of measures implemented by like-minded countries. The Act will also assist the administration of, and compliance with, sanctions measures by removing distinctions between the scope and extent of autonomous sanctions and UN sanction enforcement laws. The Act is modelled on the legislation with which Australia implements United Nations Security Council sanctions, the Charter of the United Nations Act 1945. It is a framework under which regulations are made, containing the specific measures to be imposed in response to a particular situation of international concern. By providing for autonomous sanctions measures to be applied by regulation, rather than under the Act itself, the Act will allow the necessary flexibility for the Government to respond to international developments in a timely way. It will also enable the Government to harmonise the administration of autonomous sanctions and UN sanction enforcement laws, and simplify compliance arrangements for those entities whose business requires a regular and active engagement with the operation of such laws. |
| Date of effect | The Act received Royal Assent on 26 May 2011 and commenced on 27 May 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
Planned regulatory activities - 2011-12
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Cote d’Ivoire) Amendment Regulations 2011 (No. 1) |
| Description of issue | The purpose of the proposed Regulations is to amend the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 (the Principal Regulations) to implement further UNSC sanctions in relation to Cote d’Ivoire. Resolution 1980 (2011) was adopted under Chapter VII of the Charter of the UN on 28 April 2011 and the measures are binding on Australia pursuant to Article 25 of that Charter. Two paragraphs of resolution 1980 contain obligations requiring amendments to the Principal Regulations. Paragraph 8 provides for the supply of vehicles to be subject to the arms embargo imposed by paragraph 7 of resolution 1572. Paragraph 9 provides for the exemption procedure to the arms embargo set out in paragraph 8(e) of resolution 1572 to only apply to arms and related materiel, vehicles, and the provision of technical training and assistance in support of the Ivorian process of Security Sector Reform, pursuant to a formal request by the Ivorian Government and subject to approval in advance by the Sanctions Committee. |
| Date of effect | The regulations were submitted to the Federal Executive Council Meeting on 28 July 2011 |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions Regulations 2011 |
| Description of issue | The purpose of the Autonomous Sanctions Regulations 2011, to be made under the Autonomous Sanctions Act 2011, is to apply specific autonomous sanctions measures as decided by the Australian Government. The Regulations will adopt the same form and structure as regulations made under the Charter of the United Nations Act 1945, particularly in relation to the framing of provisions prohibiting certain conduct (the “sanction laws”). The Regulations will include the following measures: Sanctioned supply The Regulations would prohibit the unauthorised supply, sale or transfer to a country of goods (tangible or intangible) specified by the Regulations as being “export sanctioned goods” for that country. The prohibition would apply to any person in Australia, to any Australian anywhere in the world, to any person using an Australia flagged vessel or aircraft, and to any Australian body corporate with effective control over a foreign body corporate that breaches the prohibition. Sanctioned service The Regulations would prohibit the unauthorised provision to a country of technical advice, assistance or training, financial assistance or a financial service specified by the Regulations as being a “sanctioned service” for that country. The prohibition would apply to any person in Australia, to any Australian anywhere in the world, and to any Australian body corporate with effective control over a foreign body corporate that breaches the prohibition. Sanctioned commercial activity The Regulations would prohibit the unauthorised acquisition or extension of an interest in, or the establishment of or participation in a joint venture with, an entity or person specified by the Regulations. Measures targeted at designated individuals and entities The Regulations would authorise the Minister for Foreign Affairs to designate persons and (where relevant) entities as being subject to either targeted financial sanctions, travel bans or both. The Department of Foreign Affairs and Trade would produce a public list of all persons and entities so designated, with the list indicating whether the person (or entity, as relevant) is designated for financial sanctions, travel bans, or both. Targeted financial sanctions The Regulations would prohibit the unauthorised making available, directly or indirectly, of an asset to, or the use of or dealing with an asset owned or controlled by, a person or entity specified by the Regulations as being subject to these measures. The prohibition would apply to any person in Australia and to any Australian anywhere in the world. Travel bans Autonomous travel bans against persons specified under the Regulations would continue to be given effect through the Migration Regulations 1994. The Minister for Foreign Affairs would seek the agreement of the Minister for Immigration and Citizenship to amend the Migration Regulations to include specific grounds to disqualify a person specified under the Regulations as being subject to travel bans from obtaining a visa and will authorise the Minister for Immigration and Citizenship to cancel the visa of any person so specified.
|
| Date of effect | The Regulations are expected to be ready to be submitted to a meeting of the Executive Council in September 2011. |
| Consultation opportunities | The Department of Foreign Affairs and Trade, together with Austrade, and the Defence Export Control Office conducted outreach sessions in May 2010 for industry and civil society in each mainland state and territory capital to discuss Australia’s autonomous sanctions regime and the purpose and content of the Autonomous Sanctions Act. Follow-up outreach sessions are planned for August 2011 to provide information about the Autonomous Sanctions Regulations. |
| Contact details | Sanctions and Transnational Crime Section Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | WTO Doha Round Negotiations |
| Description of issue | World Trade Organization (WTO) Members agreed at the 4th WTO Ministerial Conference in November 2001 to launch the Doha Round of trade negotiations. Australia's key objective in the negotiations is to maximise commercially meaningful market access outcomes for Australia in agriculture, services and industrial products. It is not possible to accurately predict regulatory changes which may be required by the Doha Round in the absence of an agreed text, but changes may be necessary to tariff schedules, and customs regulations. The Chairs of the agricultural and non-agricultural market access negotiating groups have both released a number of revised negotiating texts, most recently on 6 December 2008. The services Chair released a revised negotiating text on 28 July 2008. These texts are receiving consideration as WTO Members work towards a resolution of the Doha Round. |
| Consultation opportunities | The Department of Foreign Affairs (DFAT) will continue to consult extensively with Australian States and Territories, industry, non-government organisations, community groups and members of the public on the Doha Round of WTO trade negotiations. DFAT has a very close working relationship with Australian industry on the Doha Round, consulting regularly on a broad range of issues, including agriculture (e.g. dairy, sugar, meats, horticulture), sectoral negotiations on specific areas of trade, (e.g. raw materials, textiles, fish products, chemicals, sporting equipment) and a wide range of services. Consultations are also held regularly with industry in relation to negotiations on rules, anti-dumping, subsidies and new disciplines on fisheries subsidies. DFAT prepares a WTO Doha Round Bulletin every month that updates interested stakeholders on latest developments in the negotiations. Interested parties may lodge their views and comments on the Doha Round negotiations via e-mail to trade.consult@dfat.gov.au at any time. Specific comments on the agricultural or services negotiations can also be sent to agriculture.negotiations@dfat.gov.au or services.negotiations@dfat.gov.au. |
| Expected timetable | The negotiations began in May 2009. There is no deadline for concluding negotiations. |
| Contact details | For further information, please contact DFAT's Trade Policy Section Trade Policy Section Facsimile: (02) 6261 2927 Email: trade.consult@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Australia’s Free Trade Agreement (FTA) negotiations |
| Description of issue | Australia is pursuing an ambitious agenda of FTA negotiations with key trading partners. Current negotiating partners are China, Japan, Korea, Malaysia, the Gulf Cooperation Council (GCC), India, Indonesia, the Trans-Pacific Partnership (TPP) countries and the Pacific Forum Island countries (PACER Plus). These agreements have the potential to deliver substantial benefits to business and the broader economies of all parties. Through the elimination of tariffs and other barriers, these agreements will provide enhanced export opportunities, they will also facilitate and promote greater flows of foreign investment. It is difficult to predict the nature and scope of regulatory change which will be required to implement these agreements, but changes may be necessary to tariff schedules and customs regulations. |
| Consultation opportunities | The Department of Foreign Affairs and Trade, as the government agency responsible for leading Australia’s FTA negotiations, consults regularly and widely in developing Australia’s negotiating objectives and strategies. DFAT welcomes written submissions from interested stakeholders at any stage in the negotiating process. Consultations involve a wide range of business organisations, companies, government agencies, civil society, trade unions and state and territory governments. |
| Date of effect | These negotiations commenced at different times and are various stages of development. There is no deadline for the conclusion of negotiations. |
| Contact details | China, Japan, Korea, Malaysia and India Free Trade Agreement Division japanfta@dfat.gov.au TPP and GCC Trade Commitments Branch email tpp@dfat.gov.au Tel for GCC (02) 6261 2545 PACER Plus PACER Plus Section email: PACERPlus@dfat.gov.au |
Date last modified: August 2011