Sanctions

Ukraine

Australia imposes an autonomous sanctions regime in relation to Ukraine.

The Australian Government announced on 19 March 2014 that it would impose the sanctions regime in response to the Russian threat to the sovereignty and territorial integrity of Ukraine.

This page summarises the current sanctions measures imposed by the autonomous sanction regime in relation to Ukraine.

This page also includes information on de-listing requests from a designated person or entity and useful links.

On 1 September 2014 the Prime Minister also announced expanded autonomous sanctions in relation to Russia. These measureswill include restrictions on arms and dual use goods exports; restrictions on the access of Russian state-owned banks to Australian capital markets; preventing the export of goods and services for use in deep water, arctic, or shale oil exploration or production projects in Russia; and restrictions on Australian trade and investment in Crimea and preventing the sale of Australian uranium to Russia. These measures will be implemented through amendments to the Autonomous Sanctions Regulations 2011.

Targeted financial sanctions

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a ‘designated person or entity’ for Ukraine; and
  • making an asset available directly or indirectly to, or for the benefit of, a ‘designated person or entity’ for Ukraine

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would otherwise contravene these prohibitions if:

  • the Minister is satisfied that it would be in the national interest to do so; and
  • the application for the sanctions permit is for a ‘basic expense dealing’, a ‘legally required dealing’, or a ‘contractual detailing’ as those terms are defined in regulation 20 of the Autonomous Sanctions Regulations 2011.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Travel bans

Australian law prohibits a ‘declared person’ for Ukraine from travelling to, entering or remaining in Australia unless the Minister for Foreign Affairs waives this prohibition.

The Consolidated List includes the names of all declared persons.

Conditions for the waiver of a travel ban

The Minister for Foreign Affairs may waive this prohibition only:

  • on the grounds that it would be in the national interest; or
  • on humanitarian grounds.

Implementing legislation

De-listing requests from a designated person or entity

A person or entity designated or declared for the purposes of the Australian autonomous sanctions regime in relation to Ukraine may submit a de-listing request to the Minster for Foreign Affairs under regulation 11 of the Autonomous Sanctions Regulations 2011.