Public Consultation on Australia's Sanctions relating to Iran and Syria

The Government is seeking public comment on the exposure draft of proposed amendments to the Autonomous Sanctions Regulations 2011 (the Regulations) imposing additional sanctions relating to Iran and Syria.

The proposed amendments would give effect to measures announced by the former Minister for Foreign Affairs, the Hon Kevin Rudd MP, on 6 December 2011 and 24 January 2012 relating to Iran and the measures announced by the current Minister for Foreign Affairs, Senator Bob Carr, on 25 June 2012 relating to Syria.

The Government welcomes comments on the proposed amendments:

Autonomous Sanctions Amendment Regulations 2012 — Exposure Draft [PDF 159 KB]

Autonomous Sanctions Regulations — marked-up compilation [DOC 240 KB | PDF 202 KB]

The effect of the amendments would be to prohibit, without prior authorisation from the Minister for Foreign Affairs:

A sanctioned import:

the import, purchase or transport of specified Iranian and Syrian crude oil, petroleum or petrochemical products;

the import, purchase or transport of gold, precious metals and diamonds from Iran or Syria;

A sanctioned service related to a sanctioned import:

the provision of technical advice, assistance or training, financial assistance or a financial service related to the import, purchase or transport of such products;

The following additional categories of sanctioned supply:

• the supply, sale or transfer to Syria of specified equipment and technology for use in the construction or installation of new power plants for electricity production, equipment intended for monitoring orinterceptingcommunications, and luxury goods;
• the supply, sale or transfer to Iran and Syria of specified equipment or technology for the oil and gas industry and petrochemicalindustry;
• the supply, sale or transfer to Iran and Syria of gold, precious metals and diamonds;
• the supply sale or transfer to Iran of newly printed or unissued Iranian denominated bank notes or newly minted or unissued Iranian denominated coinage;
• the supply sale or transfer to Syria of newly printed or unissued Syrian denominated bank notes or newly minted or unissued Syrian denominated coinage;

A sanctioned commercial activity:

• the acquisition or extension of an interest in, or the establishment of or participation in a joint venture with, or the granting of a financial loan or credit to — an entity in Iran or Syria that is engaged in the petrochemical, oil or gas industry in Iran or Syria, or — an Iranian or Iranian owned entity, or a Syrian or Syrian owned entity involved in such industries outside Iran or Syria;
• the acquisition or extension of an interest in, or the establishment of or participation in a joint venture with, or the granting of a financial loan or credit to — an entity in Syria engaged in the construction or installation of new power plants for electricity production;
• the sale or otherwise making available of an interest in a commercial activity in Australia that is related to the oil and gas industry to the Iranian Government or an Iranian company or citizen or to the Syrian Government or a Syrian company or citizen;
• the opening in Australia of a branch, subsidiary or representative office of, or the establishment of a joint venture with, or the acquisition of ownership of an Australian financial institution by, or the establishment or maintenance of a correspondent relationship with — a financial institution that is operated by or on behalf of the Iranian Government, an Iranian company or citizen or that is operated by or on behalf of the Syrian Government, a Syrian company or citizen;
• the establishment of a representative office or subsidiary in Iran or Syria, or the opening of a bank account in Iran or Syria, by a financial institution.

Authorisations

Any person with a pre-existing legal obligation to import goods subject to 'sanctioned import', or to supply goods subject to the expanded 'sanctioned supply', may apply for an authorisation to meet that legal obligation. Such an application must be made within 30 days of the commencement of the new sanctions.

Any person with a pre-existing legal obligation to engage in a sanctioned commercial activity will also have 30 days from the date the sanction commences to apply for authorisation to continue that activity. In this case, however, the authorisation will terminate on 31 December 2012. In other words, any person with a pre-existing legal obligation that would, but for this sanction, have continued beyond 31 December 2012 will need to divest itself of the obligation prior to 31 December 2012.

Further information

For more information about the proposed amendments to the Autonomous Sanctions Regulations 2011 please download the presentation delivered at the recent national outreach program on santions:

Consultation - Amendment of the Autonomous Sanctions Regulations 2011 [PPT 271 KB]

How to make a submission

1. Complete a submission cover sheet (DOC 326 KB)
2. Prepare your submission. Preferred format is PDF.
3. Email your cover sheet and submission to sanctions@dfat.gov.au

Alternatively, post your submission to:

Sanctions and Transnational Crime Section
Department of Foreign Affairs and Trade
R.G. Casey Building
John McEwen Crescent
Barton ACT 0221 Australia

Submissions should be made by close of business on Monday, 16 July 2012. The Department reserves the right not to consider late submissions.

Confidentiality

All submissions will be treated as public documents, unless the author of the submission clearly indicates the contrary by marking all or part of the submission as 'confidential'. Public submissions may be published in full on the Department of Foreign Affairs and Trade website, including any personal information of authors and/or other third parties contained in the submission. If any part of the submission should be treated as confidential then please provide two versions of the submission, one with the confidential information removed for publication.

A request made under the Freedom of Information Act 1982 for access to a submission marked confidential will be determined in accordance with that Act.