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ISIL (Da’esh) and Al-Qaida

Why are sanctions imposed?

Australia has implemented the United Nations Security Council (UNSC) ISIL (Da’esh) and Al-Qaida sanctions regime into Australian law as part of the global effort to fight terrorism and promote international peace and security. Under this regime, the UNSC ISIL (Da’esh) and Al-Qaida Sanctions Committee can designate persons and entities subject to sanctions.

What is prohibited by the ISIL and Al-Qaida sanctions regime?

The ISIL and Al-Qaida sanctions regime imposes the following sanctions measures: 

Measure

UNSC

Autonomous

restrictions on supplying arms or related matériel

 

restrictions on providing services related to military activities

 

restrictions on providing assets to designated persons or entities

 

restrictions on dealing with the assets of designated persons or entities

 

travel bans on designated persons

 

Restrictions on supplying arms or related matériel

It is prohibited to supply, sell or transfer (directly or indirectly) arms or related matériel to ISIL or Al-Qaida or a person or entity designated for the purpose of the ISIL (Da’esh) and Al-Qaida regime.

Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel. Go to Factsheet: Arms and Related Matériel for information on what to consider when assessing whether a good is an arm or related matériel.

Restrictions on providing services related to military activities

It is prohibited to supply technical advice, assistance or training related to military activities to ISIL or Al-Qaida or a person or entity designated for the purposes of the ISIL (Da’esh) and Al-Qaida sanctions regime.

Restrictions on providing assets to designated persons or entities

It is prohibited to directly or indirectly make an asset available to (or for the benefit of) a person or entity designated for the purposes of the ISIL (Da’esh) and Al-Qaida sanctions regime.

Restrictions on dealing with the assets of designated persons or entities (requirement to freeze assets)

It is prohibited to use or deal with an asset, or allow or facilitate another person to use or deal with an asset owned or controlled by a designated person or entity (the assets are ‘frozen’ and cannot be used or dealt with). The prohibition on ‘dealing’ with assets includes using, selling or moving assets. ‘An 'asset' includes an asset or property of any kind, whether tangible or intangible, movable or immovable.

Go to the Consolidated List to search the names of designated persons and entities.

If you become aware that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the AFP as soon as possible. Go to What You Need to Do for more information.

Travel bans

All persons designated for the sanctions regimes are prohibited from transiting through or entering Australia.

Restrictions of Dealing with Cultural Property

Australian law prohibits dealing with illegally removed cultural property from Iraq and Syria, whether or not that property involves dealing with ISIL, Al-Qaida or related persons or entities. Go to the Iraq sanctions regime and the Syria sanctions regime [LW2] for information.

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow some activities that would otherwise be prohibited under this regime provided the activity meets specific criteria.

The table below provides a general guide to relevant criteria. You should get your own legal advice if you think your proposed activity is affected by sanctions and may meet the criteria for a permit. Go to Sanctions Permits for information on permits, including how to apply.   

The Minister may need to notify or receive the approval of the UNSC ISIL (Da’esh) and Al-Qaida Sanctions Committee before granting a sanctions permit.

Measure

Criteria

Reference 

Restrictions on supplying arms or related matériel

The Foreign Minister may not grant a permit authorising the supply of arms or related matériel to a designated person or entity for the UNSC regime in relation to ISIL (Da’esh) and Al-Qaida.

Regulations 4,5,6 and 8 of the Charter of the United Nations (Sanctions – Al-Qaida) Regulations 2008

Regulation 13CI of the Customs (Prohibited Exports) Regulations 1958

 

Restrictions on providing services (technical advice, assistance or training) related to military activities

The Foreign Minister may not grant a permit authorising the provision of services related to military activities

Regulation 4,7 and 9 of the Charter of the United Nations (Sanctions – Al-Qaida) Regulations 2008

Restrictions on dealing with the assets of designated persons or entities (UNSC targeted financial sanctions)

The activity is a:

  • basic expense dealing;
  • legally required dealing;
  • contractual dealing;
  • required payment dealing; or
  •  extraordinary expense dealing.

Regulations 4,10,11 and 12 of the Charter of the United Nations (Sanctions – Al-Qaida) Regulations 2008

Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008

Relevant legislation

The relevant legislation for the ISIL & Al-Qaida sanctions regime includes the following:

Other Resources

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