Charter of the United Nations Act 1945 Updates

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 29 individuals and entities 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/C2019G01009.

 

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 17 individuals and entities 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/C2019G01010.

 

The updated Consolidated List can be downloaded from the following page:

 

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

 

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

 

UNCLASSIFIED

 

Notice of Changes to the Consolidated List

 

United Nations Security Council Resolution 1373

 

Abraham Succarieh was listed on 16 August 2018 under Part 4 of the Charter of the United Nations Act 1945.  The listing took effect with the publication of the Charter of the United Nations Act 1945 Listing 2018 (No. 2 ) in the Commonwealth of Australia Gazette, which may be viewed at https://www.legislation.gov.au/Details/C2018G00646.

 

Following a statutory review, the Minister for Foreign Affairs has also declared that the listing of Mostafa Mahamed, also known as Mostafa Farag, under Part 4 of the Charter of the United Nations Act 1945 will continue in effect for a further three years. The amended listing is set out in the following Gazette notices:

 

·         Charter of the United Nations Act 1945 Listing Declaration (No. 3) 2018, published at https://www.legislation.gov.au/Details/C2018G00645.

 

The updated Consolidated List can be downloaded from the following page:

 

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

 

The updated information has now been reflected in amendments to the Consolidated List.  The changes amend and update existing listings, which continue in effect.

 

 

United Nations Security Council resolution 1373
 
Following a statutory review, the Minister for Foreign Affairs has declared that a number of listings under Part 4 of the Charter of the United Nations Act 1945 will continue in effect for a further three years. The amended listings are set out in the following Gazette notices:
 
*             Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2017, published at https://www.legislation.gov.au/Details/C2017G01175, and
*             Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2017, published at https://www.legislation.gov.au/Details/C2017G01176.  
 
The updated information has now been reflected in amendments to the Consolidated List.  The changes amend and update existing listings, which continue in effect.

 

 

On Tuesday, the government enacted changes to the sanctions imposed on the DPRK through 3 pieces of legislation:

  • Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) Amendment (2017 Measures No. 1) Regulations 2017

The Charter of the United Nations (Sanctions-Democratic People’s Republic of Korea) Amendment (2017 Measures No. 1) Regulations 2017 (the Regulation) amends the Charter of the United Nations (Sanctions‑Democratic People’s Republic of Korea) Regulations 2008(the 2008 Regulation) in order to give effect to certain provisions of United Nations Security Council Resolution 2321 (2016) (UNSCR 2321), to align the 2008 Regulation with certain provisions of United Nations Security Council Resolution 2270 (2016) (UNSCR 2270) and UNSCR 2321, and to clarify some of the provisions in the 2008 Regulation. 

 

UNSCR 2321 was adopted by the Security Council on 30 November 2016. UNSCR 2270 was adopted by the Security Council on 2 March 2016. Both intensified sanctions on the DPRK in an attempt to modify the behaviour of the DPRK and to illustrate the international community’s condemnation of the DPRK’s actions. Both were decisions by the UNSC under Chapter VII of the Charter and Australia is required to carry them out under Article 25 of the Charter.

 

UNSCR 2321 intensified sanctions on the DPRK. The Regulation implements certain of those intensified sanctions into Australian law, including by:

 

1.         prohibiting the export of new helicopters and vessels to the DPRK;

 

2.         prohibiting the import of copper, nickel, silver, zinc and statues from the DPRK;

 

3.         prohibiting the procurement of vessel and aircraft crewing services from the DPRK; and

 

4.         prohibiting certain scientific and technical cooperation involving persons or groups officially sponsored by or representing the DPRK.

 

The Regulation also establishes certain exceptions to the sanctions measures and a power to issue permits to allow certain activities that would otherwise be prohibited.

  • Autonomous Sanctions Amendment (Democratic People’s Republic of Korea) Regulations 2017

The Autonomous Sanctions Amendment (Democratic People’s Republic of Korea) Regulations 2017 (the Regulations) amend the Principal Regulations by imposing additional sanctions in respect of the DPRK in accordance with the media releases of the Minister for Foreign Affairs dated 2 December 2016 and 28 February 2017.

 

The Regulations:

 

·                     permit the Minister for Foreign Affairs to designate for targeted financial sanctions and/or declare for the purposes of a travel ban, a person or entity:

 

o        that the Minister is satisfied has been associated with the DPRK’s weapons of mass-destruction program or missiles program (previously, the criteria required that the Minister for Foreign Affairs be satisfied that the person or entity is associated with the DPRK’s weapons of mass-destruction program or missiles program); and

 

o        that the Minister is satisfied is assisting, or has assisted, in the violation, or evasion, by the DPRK of certain United Nations Security Council Resolutions that relate to the DPRK and subsequent resolutions relevant to those resolutions.

 

·                     establish each of the following as a service for the DPRK that are prohibited without a permit:

 

o        the provision of any service to Air Koryo;

 

o        the provision to any person or entity of any service that assists with, or is provided in relation to, an extractive or related industry in the DRPK;

 

o        the provision to any person or entity of any service that assists with, or is provided in relation to, the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK; and

 

o        the provision to a DPRK person or entity, a person or entity acting on behalf of (or at the direction of) a DPRK person or entity, or an entity owned or controlled by a DPRK person or entity, of any service that assists with, or is provided in relation to, an extractive or related industry outside the DPRK.

 

·                     establish a number of activities that each constitute a commercial activity prohibited without a permit:

 

o        obtaining of any asset that is a tenement or permission (however described) in relation to an extractive or related industry in the DPRK or in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK;

 

o        using, dealing with or making available any asset for the purpose of obtaining any tenement or other permission (however described) in relation to an extractive or related industry in the DPRK or in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK;

 

o        obtaining, directly or indirectly, any tenement or permission (however described) in relation to an extractive or related industry in the DPRK or in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK from a DPRK person or entity, a person or entity acting on behalf of (or at the direction of) a DPRK person or entity, or an entity owned or controlled by a DPRK person or entity;

 

o        selling or making available (otherwise than by sale) an interest in a commercial activity in an extractive or related industry in Australia to a DPRK person or entity, a person acting on behalf of (or at the direction of) a DPRK person or entity, or an entity owned or controlled by a DPRK person or entity;

 

o        acquiring or extending an interest in a person or entity mentioned in the table below;

 

o        establishing or participating in a joint venture, partnership or other business relationship with a person with a person or entity mentioned in the table below; and

 

o        granting a financial loan or credit to a person or entity mentioned in the table below

 

Item

Person or entity

1

A person or entity, wherever located, that is engaged in an extractive or related industry in the DPRK.

2

A person or entity, wherever located, that is engaged in the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK.

3

A person or entity acting on behalf of, or at the direction of, a person or entity mentioned in item 1 or 2.

4

An entity owned or controlled by a person or entity mentioned in item 1 or 2.

5

A person or entity, wherever located, that:

(a) is engaged in an extractive or related industry outside the DPRK; and

(b) is any of the following:

 

(i) a DPRK person or entity;

 

(ii) a person or entity acting on behalf of, or at the direction of, a DPRK person or entity;

 

(iii) an entity owned or controlled by a DPRK person or entity.

  • Autonomous Sanctions (Classes of Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2017

The Autonomous Sanctions (Classes of Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2017 (the Instrument) defines the ‘DPRK vessel class’, and designates each vessel that comes within the ‘DPRK vessel class’ as a ‘sanctioned vessel’ under paragraph 8(1)(b) of the Regulations.

 

The Instrument does not affect the operation of the Autonomous Sanctions (Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2015, which remains in effect.

 

The three categories of individuals referred to in item 7 of the table in section 4 of the Instrument are not intended to be mutually exclusive. For example, an individual could be a resident of the DPRK and a citizen of the DPRK.

Links:

Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) Amendment (2017 Measures No. 1) Regulations 2017

Autonomous Sanctions Amendment (Democratic People’s Republic of Korea) Regulations 2017

Autonomous Sanctions (Classes of Sanctioned Vessels – Democratic People’s Republic of Korea) Designation 2017

UNCLASSIFIED
 
Notice of changes to the Consolidated List 
 
Renewal of UN Terrorism Listings
 
On 10 and 11 November 2016, the Minister for Foreign Affairs, Julie Bishop, declared that a number of Australia’s existing listings of persons and entities associated with terrorist acts will continue in effect for a further three years. The information concerning these listings has now been updated in the Consolidated List. For ease of reference, these updated listings have the “control dates” of 10 November 2016 and 11 November 2016 in the Consolidated List.
 
The following listings have ceased to have effect as of 18 November 2016 and have been deleted from the Consolidated List: Alfonso Echegaray Achirica, Asier Quintana Zorrozua, Gracia Morcillo Torres, Jon Inaki Perez Aramburu, José Maria Alarra Aguiriano, Juan Maria Olano Olano, Miguel Corta Carrion, Miriam Campos Alonso, Xavier Alegria Loinaz, Al-Aqsa Islamic Bank, Barakat Import Export Ltda, Casa Apollo, Holy Land Foundation for Relief and Development, and Palestinian Association in Austria.
 

 

The Consolidated List has also been updated with an additional nine aliases for Al-Nusrah Front for the People of the Levant (listing 2585).  For ease of reference, these additional aliases have the “control date” of 18 November 2016.

On Monday, the Australian Minister of Foreign Affairs renewed terrorism listings under the Charter of the United Nations Act 1945:

Primary Name:                Real IRA

Aliases:                            RIRA, The New IRA, 32 County Sovereignty Committee, Irish Republican Army, IRA, Republican Action Against Drugs (RAAD), Real Irish Republican Army, Real Óglaigh na hÉireann

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The Real IRA (RIRA) is an Irish republican paramilitary organisation based in Northern Ireland. Founded in 1997, it was originally composed of former members of the Provisional IRA (PIRA) who opposed the PIRA’s engagement in the peace process that would eventually lead to the Good Friday peace agreement in 1998. In July 2012, the RIRA announced that it was merging with the Republican Action Against Drugs (RAAD) and a coalition of unaffiliated armed republican groups into ‘a unified structure, under a single leadership’ and reclaiming the banner of the ‘Irish Republican Army’, and also now known as the ‘New IRA’.

Primary Name:                Continuity IRA

Aliases:                            CIRA

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The Continuity IRA (CIRA) is an extreme militant Irish republican group that emerged from a split in the Provisional Irish Republican Army (PIRA) and became active in opposition to PIRA’s ceasefire declaration in 1994.

Primary Name:                Loyalist Volunteer Force

Aliases:                            LVF

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The Loyalist Volunteer Force (LVF) was formed in 1996 from disaffected members of the mid-Ulster brigade of the Ulster Volunteer Force (UVF).

Primary Name:                Orange Volunteers

Aliases:                            OV, Orange Volunteer Force, OVF

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The original ‘Orange Volunteers’ (OV) was a loyalist paramilitary group, which formed in the early 1970s and was associated with the ‘Orange Order’ (one of the unionist Protestant fraternal societies in Northern Ireland). During the 1980s the Orange Order disbanded. In 1998, a loyalist paramilitary group using the name ‘Orange Volunteers’, claimed responsibility for a number of attacks.

Primary Name:                Ulster Defence Association

Aliases:                            UDA, Ulster Freedom Fighters, UFF 

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The Ulster Defence Association (UDA) is the largest loyalist paramilitary group in Northern Ireland history. It was formed in September 1971 from a number of loyalist vigilante groups.

Primary Name:                Red Hand Defenders

Aliases:                            RHD

Address:                          Northern Ireland

Original listing date:       First listed by the Minister for Foreign Affairs on 20 March 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

 

Additional information:  The Red Hand Defenders (RHD) is a loyalist paramilitary entity that formed in 1998. The RHD opposes the peace process and peace agreements, including the Good Friday Agreement.

Primary Name:                Aum Shinrikyo

Aliases:                            AIC Comprehensive Research Institute, AIC Sogo Kenkyusho, Aleph, Aum Supreme Truth, Hikari no Wa, Circle of Light

Address:                          Japan, Russia

Original listing date:       First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  Aum Shinrikyo is a Japanese cult that combines tenets from Buddhism and Hinduism. The movement was founded by Shoko Asahara in Tokyo in 1984, starting off as a yoga and meditation class and steadily growing to gain official status as a religious organisation in 1989. The Japanese government revoked its recognition of AUM as a religious organisation following AUM’s deadly sarin gas attack on three subway lines in Tokyo in 1995. 

Primary Name:                Babbar Khalsa

Aliases:                            Babba Khalsa; Babba Khalsa International

Address:                          India and Pakistan.

Original listing date:       First listed by the Minister for Foreign Affairs on 12 June 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  Tracing its origin back to 1920, Babbar Khalsa is one of the oldest and most organised Sikh terrorist-secessionist groups. Babbar Khalsa in its present form, however, appears to have been established in 1980.

Primary Name:                International Sikh Youth Federation

Aliases:                            ISYF

Address:                          Pakistan, UK and India

Original listing date:       First listed by the Minister for Foreign Affairs on 16 June 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  The International Sikh Youth Federation (ISYF) is a secessionist group founded in the United Kingdom in 1984 as the international arm of the All Indian Sikh Students’ Federation. Chapters of ISYF were later opened throughout the UK, Germany, Canada and the United States.

Primary Name:                Liberation Tigers of Tamil Eelam

Aliases:                            LTTE; Tamil Tigers; Ellalan Force

Address:                          Sri Lanka

Original listing date:       First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 9 October 2013.

Additional information:  The Liberation Tigers of Tamil Eelam is a Sri Lankan separatist militant group that was formed in 1976 by Vellupillai Prabhakaran. The LTTE’s primary stated objective is to establish an independent Tamil homeland in north and eastern Sri Lanka. 

Primary Name:                New People’s Army/Communist Party of the Philippines

Aliases:                            NPA

Address:                          Philippines

Original listing date:       First listed by the Minister for Foreign Affairs on 28 October 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information:  Formed in March 1969. The New People’s Army is the armed wing of the Communist Party of the Philippines. The CPP seeks to create a Communist State within the Philippines through engaging in a ‘protracted people’s war’ and ‘guerrilla warfare’.

 

Under this Act, designations must be renewed every 3 years (unlike the UK’s Terrorist Asset-Freezing etc Act 2010, whose listings are valid for 1 year).

These were actually done in two separate sets of designations, which were published in the government Gazette.

Links:

Gazette Notice 1

Gazette Notice 2