The Australian Sanctions Office within the Department of Foreign Affairs and Trade, is undertaking a legislative review of the Autonomous Sanctions Regulations 2011, ahead of their automatic expiry on 1 April 2024. The review will consider matters raised by the ASO’s Issues Paper.
Sanctions measures include restrictions on trade in goods and services, restrictions on engaging in commercial activities, targeted financial sanctions (including asset freezes) on designated persons and entities, and travel bans on certain designated persons because of issues such as the proliferation of weapons of mass destruction; threats to international peace and security; malicious cyber activity; serious violations or serious abuses of human rights; activities undermining good governance or the rule of law, including serious corruption; and serious violations of international humanitarian law.
The Terms of Reference require the review to consider:
• streamlining the legal framework—to reduce the volume of subordinate legislation dealing with autonomous sanctions and improve the accessibility of the legislation
• the preconditions for applying sanctions measures —to assess if there should be clearer parameters for imposing sanctions and inform decisions as to the lifting of sanctions measures
• the existing categories of sanctions measures—to assess if they are fit for purpose
• refining the authorisation powers—to ensure permit powers are comprehensive, reduce administrative obligations and enable more balanced restrictions on activities
• the appropriateness and possible scope of a humanitarian exemption—to facilitate legitimate humanitarian activities
• the existing sanction offences, including the introduction of civil penalties—to enable flexible enforcement options, including non-criminal mechanisms for less serious contraventions of autonomous sanctions
• the appropriateness of existing regulatory powers—to examine if additional compliance tools are required, including with reference to the Regulatory Powers (Standard Provisions) Act 2014
• the renewal requirement that applies to targeted financial sanction designations and travel ban declarations—to examine the efficacy of this process
• key concepts, terms and definitions, including the criteria for the imposition of targeted financial sanctions and travel bans—to clarify the operation of sanctions prohibitions
• any other matters that are relevant to the efficiency and effectiveness of the autonomous sanctions framework.
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Author: David Jacobson
Principal, Bright Corporate Law
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The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.
