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Notice to persons and entities listed under the Autonomous Sanctions Regulations 2011 – Libya

Category
International relations

Notice

In accordance with item 5, regulation 6 of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations), the Minister for Foreign Affairs (the Minister) has previously designated for targeted financial sanctions, or declared for travel bans (together 'listed'), by legislative instrument:

  • A person who the Minister is satisfied was a close associate of the former Qadhafi regime.
  • An entity that the Minister is satisfied is under the control of one or more members of Muammar Qadhafi's family.
  • A person or entity that the Minister is satisfied has assisted, or is assisting, in the violation of Resolution 1970 or 1973 of the United Nations Security Council; or a subsequent resolution relevant to these resolutions.
  • An immediate family member of a person mentioned above.

The Department of Foreign Affairs and Trade (DFAT) GIVES NOTICE TO THE PERSONS AND ENTITIES NAMED BELOW that the Minister will be considering whether these listings under regulation 6 of the Regulations will continue to have effect:

Listed Persons

  1. Abdallah MANSOUR
  2. Abdelhafiz ZLITNI
  3. Abdelkebir Mohamad FAKHIRI
  4. Abdelmajid AL-GAOUD
  5. Abdulqader Yusef DIBRI
  6. Bachir SALEH
  7. Baghdadi AL-MAHMOUDI
  8. Colonel Amid Husain AL KUNI
  9. General Khaled TOHAMI
  10. Ibrahim Zarroug AL-CHARIF
  11. Mohamad Mahmoud HIJAZI
  12. Mohamed Abou EL-KASSIM ZOUAI
  13. Mohamad Ali HOUEJ
  14. Mohammed Boucharaya FARKASH
  15. Quren Salih Quren AL QADHAFI
  16. Sayyid Mohammed QADHAF AL-DAM
  17. Shaariya ABU

Listed Entities

  1. Al-Inma Holding Company for Construction and Real Estate Developments
  2. Al-Inma Holding Company For Industrial Investments
  3. Al-Inma Holding Company for Services Investments
  4. Al-Inma Holding Company for Tourism Investment
  5. Gaddafi International Charity and Development Foundation
  6. Libyan Arab African Investment Company
  7. Revolutionary Guard Corps
  8. Waatassimou Foundation

Aliases for the abovementioned persons and entities are included in DFAT's Consolidated List.

Effects of Listing

The effect of a listing under the Regulations is as follows:

  1. any person holding a 'controlled asset' (including an asset that is owned or controlled by a listed person or entity) commits an offence if they, without the authorisation of the Minister, use or deal with that asset, or allow it to be used or dealt with, or facilitate the use of or dealing with it; and
  2. any person who, directly or indirectly, makes an asset available to, or for the benefit of, a listed person or entity, without the authorisation of the Minister, commits an offence.

Request for further information

DFAT will provide a listed person or entity, or their authorised representative, with additional information regarding their listing upon written request to the address below.

Submissions

A listed person or entity, or their authorised representative, may make a written submission to the Minister, in order to inform the Minister's consideration of whether to declare that the listing of the person or entity under regulation 6 of the Regulations will continue to have effect.

Submissions must be received by 5pm on Thursday 16 November 2023 Australian Eastern Daylight Time. DFAT reserves the right not to consider late submissions.

Application for revocation of a listing

A listed person or entity, or their authorised representative, may apply in writing to the Minister at any time to have the listing revoked.  The application must set out the circumstances relied upon to justify the application.

Address to request additional information, make a submission or apply to revoke a listing

By email to: sanctions@dfat.gov.au (preferred option)

By post to:
Director, Australian Sanctions Office
Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
Barton ACT 0221 Australia

Application for sanctions permit to use or deal with a 'controlled asset' or to make an asset available to a listed person or entity

The Regulations provides that a holder of a 'controlled asset' may apply to the Minister for a permit to authorise use of or dealing with the 'controlled asset'.

The Regulations also provide that a person may apply to the Minister for a permit to authorise a person or entity to make assets available to a listed person or entity.

Applications for permits must specify whether the application relates to a basic expense dealing, a legally required dealing or a contractual dealing as those terms are defined in regulation 20 of the Regulations. Applications may be submitted through DFAT's online portal, Pax.

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