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Sanctions regimes

Counter-Terrorism (UNSC 1373) Sanctions regime

Why are sanctions imposed?

The United Nations Security Council (UNSC) adopted Resolution 1373 on 28 September 2001 in response to the terrorist attacks in the United States of America on 11 September 2001. Resolution 1373 requires Australia, as a UN Member State, to suppress terrorism by implementing targeted financial sanctions in relation to persons involved in terrorist activities. Australia implements UNSC sanctions by incorporating them into Australian law. Under Australian law, Australia’s Foreign Minister can designate a person or entity who commits, attempts to commit, participates in or facilitates the commission of, terrorist acts. The effect of being designated is that it is an offence to use or deal with the assets of, or to make an asset available to, the designated person or entity. This is a national security measure aimed at combating terrorism financing.

What is prohibited by the Counter-Terrorism (UNSCR 1373) sanctions regime?

The Counter-Terrorism (UNSCR 1373) sanctions regime imposes the following sanctions measures:

Measure UNSC Autonomous
restrictions on providing assets to designated persons or entities  
restrictions on dealing with the assets of designated persons or entities  

Restrictions on providing assets to designated persons or entities

It is prohibited to directly or indirectly make an asset available to a designated person or entity.

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.

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow an activity 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 further information on permits, including how to apply.

The Foreign Minister may need to notify or receive the approval of the relevant UNSC sanctions committee before granting a sanctions permit. Where required, the Australian Sanctions Office will assist the Foreign Minister to notify or seek approval from the UNSC as part of the permit application process.

Measure Criteria Reference

Restrictions on providing assets to designated persons or entities

and

Restrictions on dealing with the assets of designated persons or entities

The activity is a:

  • basic expense dealing;
  • legally required dealing;
  • contractual dealing;
  • required payment dealing; or
  • extraordinary expense dealing.
Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008

Relevant legislation

Relevant legislation for the counter-terrorism (UNSC 1373) sanctions regime includes the following:

Other Resources

UNSC Resolution 1373 (2001)

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