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Sanctions regimes

Somalia Sanctions regime

Why are sanctions imposed?

In 1992, the United Nations Security Council (UNSC) imposed sanctions in relation to Somalia in response to the conflict in Somalia, the heavy loss of life and the resulting widespread damage. The sanctions regime has been amended and renewed by several subsequent UNSC resolutions.

Australia implements the UNSC sanctions concerning Somalia by incorporating them into Australian law.

What is prohibited by the Somalia sanctions regime?

The Somalia sanctions regime imposes the following sanctions measures:

Measure UNSC Autonomous

restrictions on supplying weapons or military equipment

 

restrictions on the provision of certain services

 

restrictions on the import of charcoal

 

restrictions on providing assets to designated persons or entities

 

restrictions on providing services to designated person or entities

 

restrictions on dealing with the assets of designated persons or entities

 

travel bans on designated persons

 

Restrictions on supplying weapons or military equipment

It is prohibited to do the following without a permit:

  • directly or indirectly supply, sell or transfer weapons or military equipment to Somalia.

Weapons or military equipment includes, but is not limited to, weapons, ammunition, military vehicles and equipment, paramilitary equipment and spare parts 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 weapons or military equipment. Depending on the context, including the end-user and the end-use, other goods may also be considered weapons or military equipment.

Restriction on providing certain services

To complement the restrictions on supplying arms or related matériel, providing services that relate to those sanctioned goods is also restricted. In relation to a designated person or entity, it is prohibited to:

  • directly or indirectly provide technical advice, financial or other assistance or training in relation to military activities to Somalia
  • provide financing to Somalia for the purchase or delivery of weapons or military equipment.

Restrictions importing charcoal

It is prohibited to import charcoal from Somalia or from a person or entity in Somalia. No permit is available to authorise this import.

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 designated person or entity for Somalia. It is not possible to grant a permit to such persons and entities where the assets are ‘weapons or military equipment.

Restrictions on providing services to designated persons or entities

It is prohibited to directly or indirectly provide assistance (including technical or financial) or training to designated persons and entities where these services relate to military activities, or the supply, sale, transfer, manufacture or use of weapons or military equipment. It is not possible to grant a permit for the provision of these services to designated persons and entities.

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 Somalia sanctions regime are prohibited from transiting through or entering Australia, without authorisation by the UNSC.

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under these regimes 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 Foreign Minister may need to notify or receive the approval of the UNSC 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 supplying weapons or military equipment (excluding supplies to designated persons and entities)

The supply is:

  • to develop the Federal Government of Somalia’s Security Forces to provide security for the Somali people;
    • the Committee is pre-notified by 5 days; or
    • have advance approval from the Committee for goods in Resolution 2111’s annex, including surface to air missiles, firearms with calibre greater than 12.7mm, mortars with calibre greater than 82mm, anti-tank guided weapons, charges and devices for military use with energetic materials, and weapon sights with night vision capability;
  • for the support of, or use by
    • United Nations personnel;
    • AMISOM;
    • AMISOM’s strategic partners operating with AMISOM and under the 5 January 2012, and subsequent, African Union Strategic Concepts;
    • EUTM in Somalia;
  • for the use by Member States or international, regional or subregional organisations working to suppress piracy and armed robbery at sea off the coast of Somalia, if
    • requested by the Federal Government of Somalia and given the Secretary-General notice; and
    • it is consistent with international humanitarian and human rights law;
  • protective clothing temporarily export to Somalia by any of the following, for their personal use:
    • United Nations personnel;
    • a media representative;
    • a humanitarian or development worker;
    • an associated person.
  • non-lethal military equipment from a Member State or an international, regional or subregional organisation:
    • for humanitarian and protective use; and
    • the Committee has been pre-notified by 5 days;
  • from a Member State of an international, regional or subregional organisation to develop Somali security sector institutions:
    • the Committee has been pre-notified and not made a negative decision within 5 days of being notified.

Regulations 5, 7A, 8, 9 and 12 of the Charter of the United Nations (Sanctions — Somalia) Regulations 2008

Restrictions on providing certain services (excluding the provision of services to designated persons and entities)

The service is:

  • advice, assistance or training for
    • developing the Federal Government of Somalia’s Security Forces to provide security for the Somali people;
    • the Committee has been pre-notified by 5 days;
  • assistance for the support of or use by United Nations personnel, including UNSOM
  • technical training or assistance for the support of, or use by, AMISOM or the EUTM in Somalia
  • assistance for the support of, or use by AMISOM’s strategic partners operating with AMISOM and under the 5 January 2012, and subsequent, African Union Strategic Concepts;
  • technical assistance or training from a Member State or an international, regional or subregional organisation to develop Somali security sector institution:
    • the Committee has been pre-notified and not made a negative decision within 5 days of being notified;
  • technical assistance requested of Somalia or nearby coastal State to enhance the coastal or maritime security of Somalia of the nearby coastal State, including to combat piracy and armed robbery at sea off the Somali and nearby coastlines.

Regulations 5,, 7, 10, 11 and 12 of the Charter of the United Nations (Sanctions — Somalia) Regulations 2008

Restrictions on importing or procuring charcoal

No permit is available

Regulations 5A and 15A of the Charter of the United Nations (Sanctions — Somalia) Regulations 2008

Restrictions on providing assets to designated persons or entities

and

Restrictions on dealing with the assets of designated persons or entities

If the activity is:

  • a ‘basic expense dealing’;
  • a ‘legally required dealing’;
  • a ‘contractual dealing’; or
  • an ‘extraordinary expense dealing’

as defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008

Regulations 4, 13, 14 and 15 of the Charter of the United Nations (Sanctions — Somalia) Regulations 2008

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

Relevant legislation

The relevant legislation for the Somalia sanctions regime includes the following:

Other Resources

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