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Sanctions regimes

Taliban

Why are sanctions imposed?

The United Nations Security Council (UNSC) maintains a Taliban sanctions regime to promote the peace, stability and security of Afghanistan. The Taliban is no longer considered a terrorist organisation and is involved in political processes in Afghanistan. However, sanctions continue to apply in relation to persons and entities designated for the purposes of the Taliban sanctions regime. Australia implements UNSC sanctions by incorporating them into Australian sanctions law.

What is prohibited by The Taliban sanctions regime?

The Taliban sanctions regime imposes the following sanctions measures:

Measure

UNSC

Autonomous

restrictions on supplying arms and related matériel  

 

restrictions on providing services related to military activities (technical, financial or other assistance, or training)

 

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 directly or indirectly supply, sell or transfer arms or related matériel to The Taliban, or to a person or entity designated for the purpose of The Taliban 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 certain services

It is prohibited to supply technical advice, assistance or training related to military activities to the Taliban or to a person or entity designated for the purposes of The Taliban sanctions regime.

Restrictions of providing assets to designated persons or entities

It is prohibited to directly or indirectly make an asset available to (or for the benefit of) The Taliban or to a person or entity designated for the purposes of The Taliban 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 Taliban sanctions regime are prohibited from travelling to or entering Australia.

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under The Taliban sanctions 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 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 arms or related matériel

The Minister may not grant a permit for the supply of ‘arms or related materiel’ to The Taliban, or to a designated person or to a person or entity designated for the purposes of The Taliban sanctions regime.

Regulations 3,4,5 and 7 of the Charter of the United Nations (Sanctions – The Taliban) Regulation 2013

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

Providing technical, financial or other assistance, or training

The Minister may not grant a permit for the provision of technical, financial or other assistance, or training, to The Taliban, or to a designated person or to a person or entity designated for the purposes of The Taliban sanctions regime.

Regulations 3,6, and 8 of the Charter of the United Nations (Sanctions – The Taliban) 2013

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;
  • contractual dealing; or
  • extraordinary expense dealing.

 

Regulations 9, 10, and 11 of the Charter of the United Nations (Sanctions – The Taliban) 2013

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

 

 

Relevant legislation

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

Other Resources

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