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Notice to persons and entity listed under Part 4 of the Charter of the United Nations Act 1945

Category
International relations

Notice

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:

  1. a person who commits, or attempts to commit, terrorist acts or participates in or facilitates the commission of terrorist acts; or
  2. an entity owned or controlled directly or indirectly by such persons; or
  3. 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 LISTED PERSONS AND ENTITY NAMED BELOW, that the Minister will be considering whether this listing under section 15 of the Act will continue to have effect:

Listed Persons and Entity

  1. Hamed ABDOLLAHI
  2. Manssor ARBABSIAR
  3. Mostafa MAHAMED
  4. Abdul Reza SHAHLAI
  5. Ali Gholam SHAKURI
  6. Abraham SUCCARIEH
  7. Islamic State Sinai Province

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

Effects of Listing

The effect of a listing under section 15 of the Act is as follows:

  1. any person holding a 'freezable asset' (including an asset that is owned or controlled by a listed person) 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
  2. any person who, directly or indirectly, makes an asset available to a listed person, without the authorisation of the Minister for Foreign Affairs, commits an offence.

Request for statement of reasons

DFAT will provide listed persons or entities, or their authorised representatives, with an unclassified statement of reasons for the listing, upon written request to the address below.

Submissions

Listed persons or entities, or their authorised representatives, 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 persons or entity under section 15 of the Act will continue to have effect.
Submissions must be received by 5pm on 25 September 2023 Australian Eastern Standard Time. DFAT reserves the right not to consider late submissions.

Application for revocation of a listing

Listed persons or entities, or their authorised representatives, 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 reasons, make a submission or apply to revoke listing

By email to: sanctions@dfat.gov.au.

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.

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. Applications may be submitted through DFAT's online portal, Pax.

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