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Australia and sanctions

Notice to persons and entities listed under Part 4 of the Charter of the United Nations Act 1945

Category
International relations

In accordance with section 15 of the Charter of the United Nations Act 1945 (Cwlth) (the Act), the Minister for Foreign Affairs of Australia has listed, by notice in the Commonwealth Government Gazette, persons and entities upon being satisfied on reasonable grounds that they are:

  1. a person who commits, or attempts to commit, terrorist acts or participates in or facilitates the commission of terrorist acts; or
  2. an entity owned or controlled directly or indirectly by such persons; or
  3. a person or an entity acting on behalf of, or at the direction of such persons and entities.

The Department of Foreign Affairs and Trade (DFAT) GIVES NOTICE TO THE PERSONS AND ENTITIES NAMED IN THE GAZETTE NOTICES BELOW that the Minister will be considering whether to declare, pursuant to section 15A of the Act, that these listings under section 15 of the Act will continue to have effect.

Gazette Notice

The effect of a listing under section 15 of the Act is as follows:

  1. any person holding an asset that is owned or controlled by a listed person or entity (a “frozen asset”) commits an offence if they, without the authorisation of the Minister for Foreign Affairs, use or deal with that asset, or allow it to be used or dealt with, or facilitate the use of or dealing with it; and
  2. any person who, directly or indirectly, makes an asset available to a listed person or entity, without the authorisation of the Minister for Foreign Affairs, commits an offence.

Request for statement of reasons

DFAT will provide a listed person or entity, or their authorised representative, with an unclassified statement of reasons for the listing, upon written request to the address below.

Submissions

A listed person or entity, or their authorised representative, may make a written submission to the Minister to inform her decision as to whether to declare that the listing will continue to have effect.

Submissions must be received by 5pm on 4 September 2020 Australian Eastern Standard Time. DFAT reserves the right not to consider late submissions.

Application for revocation of a listing

A listed person or entity, or their authorised representative, may apply in writing to the Minister at any time to have the listing revoked. The application must set out the circumstances relied upon to justify the application.

Address to request a statement of case, make a submission or apply to revoke listing

By email to: sanctions@dfat.gov.au

By post to:

Director, Australian Sanctions Office, Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
Barton ACT 0221 Australia

Application for sanctions permit to use or deal with frozen assets

There is provision under the Act for the Minister to grant a permit to authorise particular dealings that would otherwise be prohibited. The owner or holder of a frozen asset may apply for authorisation to use or deal with a frozen asset in a specified way. Any person may apply for authorisation to make an asset available to a listed person or entity. The application must be in writing and, with respect to frozen assets, must specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Applications may be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System.

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