Why are sanctions imposed?

In 2013, the United Nations Security Council (UNSC) imposed sanctions in relation to the Central African Republic (CAR) in response to the worsening security and humanitarian situation in the CAR, including a breakdown of law and order, inter-sectarian tensions and widespread human rights abuses by armed groups. The sanctions framework has been amended and renewed by several subsequent UNSC resolutions.

The UNSC has imposed sanctions in relation to the Democratic Republic of the Congo (DRC) since 2003, in response to acts of violence systematically perpetrated against civilians including violations of international humanitarian law and human rights. The sanctions framework has been amended and renewed by several subsequent UNSC resolutions.

The UNSC’s Sanctions Committees for the CAR and the DRC have designated individuals and entities who meet the designation criteria determined by the UNSC for those sanctions frameworks. The designated individuals are predominantly senior leaders (or former leaders) of armed groups and militias. The designated entities include the Lord’s Resistance Army (or LRA), M23 and entities involved in breaching the relevant arms embargo.

Australia implements the UNSC sanctions concerning the CAR and the DRC by incorporating them into Australian law.

What is prohibited by the CAR and the DRC sanctions frameworks?

The CAR and the DRC sanctions frameworks each impose the following sanctions measures:

Restrictions on supplying arms or related matériel, and related services

It is prohibited to do the following

• directly or indirectly supply, sell or transfer arms or related matériel to the CAR or the DRC
• provide technical assistance, training, financial or other assistance to the CAR if those services:
  • relate to military activities
  • relate to the provision, maintenance or use of arms or related matériel, including providing armed mercenary personnel (whether or not originating in Australia)
• provide assistance (including financing and financial assistance), advice or training to the DRC if it is related to military activities.

Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts or 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.

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.

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, if the asset is 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.

Travel bans

Persons designated for the CAR and the DRC sanctions frameworks are prohibited from transiting through 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 these frameworks 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 CAR Sanctions Committee or UNSC DRC 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.

Relevant legislation

Relevant legislation for the CAR and DRC sanctions frameworks includes the following:

• Charter of the United Nations Act 1945
• Charter of the United Nations (Sanctions – Central African Republic) Regulation 2014
• Charter of the United Nations (Dealing with Assets) Regulations 2008
• Migration (United Nations Security Council Resolutions) Regulations 2007
• Charter of the United Nations (Sanctions – Democratic Republic of the Congo) Regulations 2008
• Customs (Prohibited Exports) Regulations 1958

Other resources

• UNSC Resolutions relating to the CAR sanctions framework
• UNSC Resolutions relating to the DRC sanctions framework
• UNSC CAR Sanctions Committee
• UNSC DRC Sanctions Committee
• DFAT country page for Central African Republic
• DFAT country page for Democratic Republic of the Congo

Where can I get more information?

• Australia and sanctions webpage.
• Enquiries can be made to DFAT by emailing sanctions@dfat.gov.au
• DFAT maintains a mailing list for people interested in receiving updates on Australian sanctions laws.