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Australia and sanctions

Two persons listed under the Autonomous Sanctions Regulations 2011 – Human Rights

Category
International relations

New listings

In accordance with regulation 6A(4) of the Autonomous Sanctions Regulations 2011 (the Regulations), the Minister for Foreign Affairs (the Minister) has designated the following individuals for targeted financial sanctions and declared them for travel bans (together 'listed').

Serious violations or serious abuses of human rights

(4) For the purposes of paragraph 10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:

  1. designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity has engaged in, has been responsible for or has been complicit in an act that constitutes a serious violation or serious abuse of a person’s:
    1. right to life; or
    2. right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; or
    3. right not to be held in slavery or servitude or right not to be required to perform forced or compulsory labour;
  2. declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person has engaged in, has been responsible for or has been complicit in an act that constitutes a serious violation or serious abuse of a person’s:

    1. right to life; or
    2. right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; or
    3. right not to be held in slavery or servitude or right not to be required to perform forced or compulsory labour.

    Listed Persons

    1. Itamar BEN-GVIR
    2. Bezalel Yoel SMOTRICH

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

    Effects of designations and declarations

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

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

    The effect of a declaration under the Regulations is that the declared person is prevented from travelling to, entering, or remaining in Australia.

    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.

    Contact details to request further information or to 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 'controlled asset' or to make an asset available to a listed person or entity

    The Regulations provide 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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