What to do about North Korea? DFAT wants to know…

Consultation: Autonomous Sanctions (North Korea): Triennial review of designations and declarations of persons and entities made in 2016

Australia’s autonomous sanctions regime enables the Minister for Foreign Affairs to designate a person or entity for the purposes of targeted financial sanctions, or declare a person for the purposes of a travel ban, if she is satisfied that the person or entity meets specified listing criteria. Designations and declarations are reviewed every three years.

The Department is currently reviewing the designations and declarations for the Democratic People’s Republic of Korea (DPRK) made in 2016, and will advise the Minister on whether these persons and entities continue to meet the listing criteria and should be sanctioned under Australian law. 

The listing criteria for a person or entity in respect of the DPRK is set out in item 1 of the table in regulation 6 of the Autonomous Sanctions Regulations 2011 (the AS Regulations) and provides: 

Countries, persons and entities
Country Activity
DPRK
  1. A person or entity that the Minister is satisfied is, or has been, associated with the DPRK’s weapons of mass destruction program or missiles program.
  2. A person or entity that the Minister is satisfied is assisting, or has assisted, in the violation, or evasion, by the DPRK of:
    1. Resolution 825, 1540, 1695, 1718, 1874, 1887, 2087, 2094, 2270 or 2321 of the United Nations Security Council; or
    2. a subsequent resolution relevant to a resolution mentioned in subparagraph (i).

Submissions

The Department invites submissions commenting on the applicability of the above criteria to 32 persons and entities designated or declared in 2016 for targeted financial sanctions or travel bans. A list of such persons and entities is set out in the document Autonomous Sanctions (North Korea): Designations and declarations made in 2016 [PDF 97 KB].

Submissions, accompanied by a submission cover sheet [DOCX 300 KB], may be e-mailed to sanctions@dfat.gov.au or posted to:

Sanctions Section
Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
Barton ACT 0221 Australia

Submissions must be received by 1 November 2019. DFAT reserves the right not to consider late submissions.

Note: Separate to this review, under regulation 11 of the Autonomous Sanctions Regulations 2011, a designated or declared person or entity may apply at any time to the Minister for Foreign Affairs to have the designation or declaration revoked. The application must be in writing and set out the circumstances relied upon to justify the application for revocation. 

Confidentiality and privacy

All submissions will be made available on the Department of Foreign Affairs and Trade (DFAT) website, subject to DFAT’s sole discretion. If you would like your submission to be treated as confidential, in whole or in part, please note this on the submission cover sheet. If you ask for part of your submission to be treated as confidential, please provide two versions of it, one with the confidential information removed for publication.

DFAT will collect personal information from you for the purpose of processing, reviewing and assessing your submission. Your personal information will be used and disclosed for the purpose for which it was collected, or as otherwise authorised under Australian law. 

The names of individuals making submissions will be published unless you ask us not to publish your name. No contact details will be disclosed. For submissions made by or on behalf of organisations only the name of the organisation will be published.

DFAT’s privacy policy is available online and contains information about how you may access and seek correction of your personal information and how you can complain about a breach of your privacy.

Link:

DFAT DPRK consultation

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