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Australia and sanctions

Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021

Category
International relations

The Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021 (the Regulations) came into force on 21 December 2021, following the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021 commencing on 8 December 2021.

The Regulations establish thematic sanctions regimes in relation to serious violations or serious abuses of human rights, serious corruption and significant cyber incidents.

Specifically, the new Regulations allow the Minister for Foreign Affairs to impose targeted financial sanctions and travel bans against a person or entity that has:

  • been engaged in, responsible for, or complicit in serious violations or abuses of three human rights relating to physical integrity [rights to life; not to be subjected to torture or cruel, inhuman or degrading treatment or punishment; and to be free from slavery, servitude or forced or compulsory labour];
  • been engaged in, responsible for, or complicit in serious corruption, defined as bribery or misappropriation of property; or
  • caused, assisted with causing, or been complicit in, a cyber incident or an attempted cyber incident that is significant or which, had it occurred, would have been significant.

The Minister for Foreign Affairs has discretion to list a person or entity when in the national interest, following the agreement of the Attorney-General and consultation with any other Ministers as appropriate.

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