Sanctions Tracker – Key Changes to Australia’s IP and Legal Services General Permits

The Minister for Foreign Affairs has granted general permits authorising certain activities that would otherwise be prohibited under the Autonomous Sanctions Act 2011 (Cth) and Autonomous Sanctions Regulations 2011 (Cth) (Regulations).

These general permits constitute blanket authorisations to classes of persons to engage in certain authorised activities described in the permits, subject to compliance with the conditions of each permit.

The Minister for Foreign Affairs has recently issued two new general permits, replacing general permits previously in place in relation to Intellectual Property Rights and Legal Services. Each general permit is valid for two years from its issuance.

Intellectual Property General Permit

On 2 August 2024, DFAT issued a general permit authorising making assets available to persons or entities designated under the Regulations in connection with the protection of intellectual property under the laws of the Russian Federation or the Eurasian Patent Convention (Permit No. SAN-2024-00140).

This new permit replaces SAN-2022-00061, which expired on 25 May 2024.

The recent update introduces clearer classifications and compliance safeguards for Australian entities engaging in intellectual property transactions in Russia and under the Eurasian Patent Convention.

In particular, the new permit divides permit holders into four distinct classes, specifying what authorisations apply for Australian IP holders under Australian law and under the laws of the Russian Federation or the Eurasian Patent Convention (Classes A and B), service providers like attorneys and accountants (Class C), and employees of the other classes of permit holders (Class D). In contrast, the old permit broadly grouped all entities without clear distinctions.

This restructured approach not only clarifies eligibility (including by requiring an established priority date for IP protection), but also clarifies the scope of the specific actions that are authorised under the permit.

Legal Services General Permit

On 30 October 2024, DFAT issued a general permit authorising making assets available to persons or entities designated under the Regulations, and the use of or dealing with ‘controlled assets’, in connection with legal services, settlement of legal proceedings, and payment of legal costs.

This new permit replaces SAN-2022-00079, which expired on the same date.

There are two particularly notable differences between the new and previous permits:

1. Both the new and previous permits limit authorised actions to legal advice and services provided in relation to matters arising under or related to Australian laws. However, in contrast to the previous permit that did not specify jurisdictional boundaries, the new permit expressly limits legal representation to proceedings in Australian courts and tribunals.
    
2. The new permit authorises making assets available to designated persons or entities, or using or dealing with controlled assets, to the extent necessary to satisfy an order for legal costs made by an Australian court or tribunal, or to comply with an obligation to pay legal costs or receive legal costs pursuant to a deed of settlement. In this respect, the permit expands the class of permit holders able to do this to include the Commonwealth and persons appointed or engaged under the Public Service Act 1999 (Cth), the Reserve Bank of Australia and staff members, and financial institutions and their employees.

This is distinct from the previous permit, which expressly indicated that the permit did not extend to providing assets to designated persons or entities to which they are entitled as a result of legal proceedings or as a result of the settlement of a dispute or claim, as the intention was for such assets to be frozen until such a time as the person or entity was no longer designated.

For more information, or to access the permits, visit the DFAT Website.