Australian Magnitsky-Style Sanctions
On 31 January 2023, Australia announced the second tranche of financial and travel sanctions under the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021 (the Magnitsky-style Regulations), which were introduced on 21 December 2021.
As discussed in our previous updates from August 2021, December 2021, and April 2022, the Magnitsky-style Regulations were introduced to expand Australia’s autonomous sanctions framework to facilitate targeted sanctions against individuals and entities responsible for, or complicit in, serious corruption, human rights violations and cyber-crime.
On 31 January 2023, Australia designated 16 Iranian individuals and 1 entity in Iran involved in serious abuses of the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment in particular the oppression of women in enforcing the Islamic dress code and violent suppression of peaceful protests in Iran.[1] These persons are subject to targeted financial sanctions, asset freezes and travel bans.
Further designated persons
Last month, Australia designated a number of additional entities and individuals under its Autonomous sanctions regime, including:
- On 24 January 2023, Australia designated 4 Iranian businessmen and military officials, and 4 Iranian entities, who have been involved in the production and supply of Iranian drones to Russia to use in its war against the Ukraine.[2]
- On 25 January 2023, Australia designated 16 individuals, who are current or former members of the Myanmar military, and 2 entities that are controlled by the Myanmar military.[3]
The individuals and entities named in these instruments are subject to targeted financial sanctions, asset freezes and travel bans.
United Nations Sanctions
Australia has implemented the United Nations Security Council (UNSC) ISIL (Da’esh) and Al‐Qaida sanctions regime into Australian law. Under this regime, the UNSC ISIL (Da’esh) and Al‐Qaida Sanctions Committee can designate persons and entities subject to sanctions.
On 27 January 2023, the United Nations Security Council Committee introduced targeted sanctions against the Islamic State in Iraq and the Levant in South-East Asia (ISIL-SEA), who have carried out numerous terrorist attacks since its formation.[4] This entity has been added to Australia’s Consolidated List of designated persons and entities.
These sanctions were enacted against ISIL-SEA are subject to asset freezes, travel bans and arms embargo sanctions.[5]
[1] Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Thematic Sanctions) Amendment (No. 1) Instrument 2023
[2] Autonomous Sanctions (Designated Persons and Entities and Declared Persons — Russia and Ukraine) Amendment (No. 1) Instrument 2023
[3] Autonomous Sanctions (Designated and Declared Persons – Myanmar) Amendment Instrument 2023
[4] These designations were made by the United Nations Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015).
[5] Security Council Resolution 2610 (2021) as set out in and adopted under Chapter VII of the Charter of the United Nations.
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.