DFAT Updates

UN, DFAT amend Anjem Choudary counter terror listing

Today (Australia time), DFAT amended the following UN ISIL (Da’esh) and Al-Qaida Sanctions Committee listing:

QDi.419 Name: 1: ANJEM 2: CHOUDARY 3: na 4: na

Title: na Designation: na DOB: 18 Jan. 1967 POB: Welling, London, United Kingdom of Great Britain and Northern Ireland Good quality a.k.a.: na Low quality a.k.a.: Abu Luqman Nationality: United Kingdom of Great Britain and Northern Ireland Passport no: United Kingdom of Great Britain and Northern Ireland number 516384722, issued on 6 May 2013 (issued by Passport Office Glasgow, expires 06 Jun. 2023) National identification no: na Address: Frankland Prison, London, United Kingdom of Great Britain and Northern Ireland Listed on: 15 Oct. 2018 (amended on 11 Oct. 2019) Other information: Pledged allegiance to Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaida in Iraq (QDe.115) in July 2014. Imprisoned in the United Kingdom in September 2014 with a tentative release in October 2018 and subsequently released on licence in October 2018 which expires in July 2021. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals click here

Link:

UN Notice

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

September 24, 2019: Australia renews 12 UN listings

 

UNCLASSIFIED

 

Notice of Changes to the Consolidated List

 

United Nations Security Council resolution 1373

 

Following a statutory review pursuant to section 15A of the Charter of the United Nations Act 1945, the Minister for Foreign Affairs has declared that the listing of 12 entities/ individuals will continue to have effect for a further three years. The amended listing is set out in the following Gazette notice: (https://www.legislation.gov.au/Details/C2019G00862/Download). 

 

This updated information has now been reflected in amendments to the Consolidated List. The updated Consolidated List can be downloaded from the following page:

 

http://dfat.gov.au/international-relations/security/sanctions/pages/consolidated-list.aspx

 

September 25, 2019: DFAT invites you to outreach session October 3

UNCLASSIFIED

 

Dear subscribers

 

Defence Export Controls (DEC) is delivering an outreach program at the University of Western Australia on Thursday 3 October 2019. DFAT will be providing an overview of Australia’s sanctions regimes as part of the whole of government session. This event is targeted at exporters of defence and strategic goods, and others across the defence industry.

 

If you would like to participate, please click on the link to register your attendance below.

 

Date: Thursday 3 October 2019

Location: University of Western Australia – please see Eventbrite for exact location (click on the link below)

Registration: https://www.eventbrite.com.au/e/defence-export-controls-outreach-perth-3-october-2019-tickets-66528323005?aff=ebdssbdestsearch

 

We will advise subscribers of details of further outreach sessions for 2019 and for 2020 once arrangements have been finalised.

 

Kind regards

 

Sanctions Section

September 10, 2019: UN, DFAT, SECO update Adam Nourredine Central African Republic listing

Yesterday, Australian officials amended:

CFi.002 Name: 1: NOURREDINE 2: ADAM 3: na 4: na

Title: na Designation: a) General b) Minister for Security c) Director General of the “Extraordinary Committee for the Defence of Democratic Achievements DOB: a) 1970 b) 1969 c) 1971 d) 1 Jan. 1970 e) 1 Jan. 1971 POB: a) Ndele, Central African Republic b) Algenana, Sudan ; Good quality a.k.a.: a) Nureldine Adam b) Nourreldine Adam c) Nourreddine Adam d) Mahamat Nouradine Adam e) Mohamed Adam Brema Abdallah; Low quality a.k.a.: na Nationality: a) Central African Republic b) Sudan; Passport no: a) D00001184 (CAR passport) b) no: P04838205, issued on 10 June 2018, (issued in Bahri, Sudan. Expires on 9 June 2023. Passport issued under the name of Mohamed Adam Brema Abdallah) National identification no: a) 202-2708-8368 (Sudan) Address: a) Birao, Central African Republic b) Sudan Listed on: 9 May 2014 (amended on 4 Nov. 2014, 1 Mar. 2019, 6 Sep. 2019. Other information: Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/ View-UN-Notices-Individuals click here

in line with the United Nations Central African Republic Sanctions Committee’s changes.

The Swiss made the same update – here’s FINMA’s notice:

Updated sanction report

The State Secretariat for Economic Affairs (SECO) has published an amendment to the Annex to the Ordinance of 14 March 2014 on measures against the Central African Republic (SR 946.231.123.6).

By decision of 6 September 2019, the relevant UN Sanctions Committee amended the list of persons, companies and organizations sanctioned in this context. The change is directly applicable in Switzerland. SECO has therefore adjusted the Swiss sanctions database SESAM (SECO Sanctions Management) and published the adaptation on its website .

Financial Intermediaries are required to immediately block the relevant assets and to report such business relationships to SECO in accordance with the provisions of the Regulation. Notification to SECO does not release a financial intermediary from immediately reporting to the Money Laundering Reporting Office pursuant to Art. 9 of the Money Laundering Act.

and the updated listing:

SSID: 300-27660 Name: Adam Nourredine

Sex: M DOB: a) 1970 b) 1969 c) 1971 d) 1 Jan 1970 e) 1 Jan 1971 POB: a) Ndele, Central African Republic b) Algenana, Sudan Good quality a.k.a.: a) Adam Nureldine b) Nourreldine Adam c) Nourreddine Adam d) Mahamat Nouradine Adam e) Mohamed Adam Brema Abdallah Address: Birao, Central African Republic Nationality: a) Central African Republic b) Sudan Identification document: a) Passport No. D00001184, Central African Republic b) Passport No. P04838205, Sudan, Place of issue: Bahri, Expiry date: 9 Jun 2023 (Passport issued under the name of Mohamed Adam Brema Abdallah) c) Other No. 202- 2708-8368, Sudan, Place of issue: Sudan (National identification no.)

Justification: a) Engaging in or providing support for acts that undermine the peace, stability or security of the Central African Republic (CAR): Noureddine is one of the original leaders of the Séléka. He has been identified as both a General and the President of one of the armed rebel groups of the Séléka, the Central PJCC, a group formally known as the Convention of Patriots for Justice and Peace and whose acronym is also acknowledged as CPJP. As former head of the “Fundamental” splinter group of the Convention of Patriots for Justice and Peace (CPJP/F), he was the military coordinator of the ex-Séléka during offensives in the former rebellion in the Central African Republic between early Dec 2012 and Mar 2013. Without Noureddine’s involvement, the Séléka would likely have been unable to wrest power from former CAR President François Bozizé. Since the appointment as interim president of Catherine Samba-Panza on 20 Jan 2014, he was one of the main architects of the ex-Séléka’s tactical withdrawal in Sibut with the aim of implementing his plan to create a Muslim stronghold in the north of the country. He had clearly urged his forces to resist the injunctions of the transitional government and of the military leaders of the African-led International Support Mission in the Central African Republic (MISCA). Noureddine actively directs ex-Séléka, the former Séléka forces that were dissolved by Djotodia in Sep 2013, and directs operations against, Christian neighborhoods and continues to provide significant support and direction to the ex-Séléka operating in CAR. b) Involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable: After the Séléka took control of Bangui on 24 Mar 2013, Nourredine Adam was appointed Minister for Security, then Director General of the “Extraordinary Committee for the Defence of Democratic Achievements” (Comité extraordinaire de défense des acquis démocratiques — CEDAD, a now-defunct CAR intelligence service). Nourredine Adam used the CEDAD as his personal political police, carrying out many arbitrary arrests, acts of torture and summary executions. In addition, Noureddine was one of the key figures behind the bloody operation in Boy Rabe. In Aug 2013, Séléka forces stormed Boy Rabe, a CAR neighbourhood regarded as a bastion of François Bozizé supporters and his ethnic group. Under the pretext of looking for arms caches, Séléka troops reportedly killed scores of civilians and went on a rampage of looting. When these raids spread to other quarters, thousands of residents invaded the international airport, which was perceived as a safe place because of the presence of French troops, and occupied its runway. c) Providing support for armed groups or criminal networks through illegal exploitation of natural resources: In early 2013, Nourredine Adam played an important role in the ex-Séléka’s financing networks. He travelled to Saudi Arabia, Qatar and the United Arab Emirates to collect funds for the former rebellion. He also operated as a facilitator for a Chadian diamond-trafficking ring operating between the Central African Republic and Chad. Other information: Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice available. Modifications: Listed on 20 May 2014, amended on 28 Nov 2014, 1 Mar 2019, 6 Sep 2019

Link:

UN Notice

FINMA Notice

Data files of updates – PDF, XML

DFAT publishes overview of all sanctions programs

UNCLASSIFIED

Dear subscribers

I write to advise you of new guidance material developed by the Department of Foreign Affairs and Trade (DFAT) in relation to Australia’s sanctions regimes.

As you may be aware, Australia implements 21 sanctions regimes, which include both United Nations Security Council sanctions and Australian autonomous sanctions. These regimes comprise a diverse range of measures, including: 

  • 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 declared persons.

The attached sanctions ‘snapshots’ provide an overview of the measures in each of Australia’s sanctions regimes and include links to key information. Please feel free to circulate the snapshots as you see appropriate. The snapshots are now available on the DFAT website at https://dfat.gov.au/international-relations/security/sanctions/sanctions-regimes/Pages/sanctions-regimes.aspx.

Inquiries and applications for sanctions permits in relation to particular proposed activities should continue to be made through the Online Sanctions Administration System (OSAS). Please feel free to email sanctions@dfat.gov.au with any other sanctions related matters.

Kind regards 

Sanctions Section

_______________________________
Transnational and Sea Law Branch
Legal Division

Department of Foreign Affairs and Trade 

Link:

Sanctions Snapshots

August 26, 2019: UN, DFAT update Bah Ag Moussa counter terror listing

On Monday, Australian regulators updated the following individual listing:

QDi.424 Name: 1: BAH 2: AG MOUSSA 3: na 4: na

Title: na Designation: na DOB: na a) 01 Jan. 1958 b) 31 Dec. 1952 c) 28 Oct. 1956

POB: na Good quality a.k.a.: a) Ag Mossa b) Ammi Salim Low quality a.k.a.: na

Nationality: Mali Passport no: na National identification no: na Address: na Listed

on: 14 Aug. 2019 (amended on 20 Aug. 2019) Other information: Founding member

of Ansar Eddine (QDe.135), operational leader of Jama’a Nusrat ul-Islam wa al-

Muslimin (JNIM) (QDe.159). INTERPOL-UN Security Council Special Notice web

link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals

amended by the United Nations ISIL (Da’esh) and Al-Qaida Sanctions Committee.

Link:

UN Notice