United Nations Security Council Sanctions

International Trade Integrity Act 2007

The International Trade Integrity Act, No 147 of 2007 (pdf) (the Act) amends the Charter of the United Nations Act 1945 (rtf) by introducing new offences for contravening a Commonwealth law that enforces United Nations Security Council (UNSC) sanctions, and of providing false or misleading information in connection with the administration of a UNSC sanction enforcement law. For corporations, these are strict liability offences. Existing penalties for acting in contravention of UNSC sanctions, including terrorist financing sanctions, will be increased significantly.

Regulations made under the Charter of the United Nations Act 1945 set out measures implementing UNSC sanctions into Australian law. As a consequence of the new penalty structure introduced by the Act, existing regulations are being revised.

The revised regulations will include the Charter of the United Nations (Sanctions – Iran) Regulations 2008 (pdf), on which structure all twelve country-specific sanctions regimes will be based, and the Charter of the United Nations (Dealing with Assets) Regulations 2008 (rtf), which will contain provisions relating to all sanctions regimes, including in relation to terrorist asset freezing.

These two revised Regulations, and the Charter of the United Nations (Sanctions - Democratic People's Republic of Korea) Regulations 2008, will take effect after the commencement of the Act on 24 March 2008. Other country-specific regulations made under the Charter of the United Nations Act 1945 are being revised.

For inquiries related to revised regulations, please contact sanctions@dfat.gov.au. Further information as to the revisions progress will be available from this page.

Background

The Act implements the first three recommendations in Commissioner Terence Cole QC’s Report of the Inquiry into certain Australian companies in relation to the UN Oil-for-Food Programme. The Attorney-General tabled the Government’s response to the Cole inquiry report on 3 May 2007, and introduced the International Trade Integrity Bill 2007 into Parliament on 14 June 2007. The Bill was then passed by the House of Representatives on 16 August 2007 and by the Senate on 13 September 2007, and received Royal Assent on 24 September 2007. The Act will commence on 24 March 2008.

In addition to the offences referred to above, the amendments will also introduce an investigatory power for agencies that administer UNSC sanction regimes in Australia, such as the Department of Foreign Affairs and Trade. These agencies will be able to compel individuals and entities to produce documents to verify compliance with UNSC sanctions. Persons will be required to retain, for five years, documentation in connection with permit applications and compliance with permit conditions.

Additional information (pdf format)

Existing regulations made under the Charter of the United Nations Act (1945) to give effect to United Nations Security Council resolutions are available at:

More information about UN Security Council sanctions