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Notice to persons and entities listed under Part 4 of the Charter of the United Nations Act 1945
In accordance with section 15 of the Charter of the United Nations Act 1945 (Cth) (the Act), the Minister for Foreign Affairs (the Minister) has previously listed, by legislative instrument, persons and entities upon being satisfied on reasonable grounds that they are:
- a person who commits, or attempts to commit, terrorist acts or participates in or facilitates the commission of terrorist acts; or
- an entity owned or controlled directly or indirectly by such persons; or
- a person or an entity acting on behalf of, or at the direction of such persons and entities.
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 section 15 of the Act will continue to have effect:
Listed Persons and Entities
- Babbar Khalsa
- Continuity IRA
- International Sikh Youth Federation
- Jose Maria SISON
- Kurdistan Workers' Party
- Liberation Tigers of Tamil Eelam
- Loyalist Volunteer Force
- New People's Army Communist Party of the Philippines
- Orange Volunteers
- Palestinian Islamic Jihad
- Real IRA
- Red Hand Defenders
- Ulster Defence Association
Aliases for the abovementioned persons and entities are included in DFAT's Consolidated List.
Effects of Listing
The effect of a listing under section 15 of the Act is as follows:
- any person holding a 'freezable 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 for Foreign Affairs, 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
- any person who, directly or indirectly, makes an asset available to a listed person or entity, without the authorisation of the Minister for Foreign Affairs, commits an offence.
Request for statement of reasons
DFAT will provide a listed person or entity, or their authorised representative, with an unclassified statement of reasons for the listing, upon written request to the address below.
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 section 15 of the Act will continue to have effect.
Submissions must be received by 5pm on 20 July 2022 Australian Eastern Standard 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 a statement of case, make a submission or apply to revoke listing
By email to: email@example.com.
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 'freezable asset' or to make an asset available to a listed person or entity
The Act provides that an owner or holder of a 'freezable asset' may apply to the Minister for a permit to authorise use of or dealing with the 'freezable asset' in a specified way.
The Act also provides that an owner or holder of an asset 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 be in writing and, with respect to a 'freezable asset', must specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 (Cth). Applications may be submitted through DFAT's online portal, pax.