KNOWLEDGEBASE

What ASO sanctions regimes exist?

The Charter of the United Nations does not expressly define 'sanctions', but Article 41 is generally understood as providing a definition. It refers to:

  • 'measures not involving the use of armed force', including a 'complete or partial interruption of economic relations.'

The Explanatory Memorandum to the Autonomous Sanctions Bill 2010 does expressly define 'sanctions' as:

  • 'measures not involving the use of armed force' imposed 'in situations of international concern', including 'the grave repression of the human rights or democratic freedoms of a population by a government, or the proliferation of weapons of mass destruction or their means of delivery, or internal or international armed conflict.'

Sanctions impose restrictions on activities that relate to particular countries, goods and services, or persons and entities.

The Explanatory Memorandum to the Autonomous Sanctions Bill 2010 provides that the aims of sanctions are:

  • 'to limit the adverse consequences of the situation of international concern (for example, by denying access to military or paramilitary goods, or to goods, technologies or funding that are enabling the pursuit of programs of proliferation concern);
  • to seek to influence those responsible for giving rise to the situation of international concern to modify their behaviour to remove the concern (by motivating them to adopt different policies); and
  • to penalise those responsible (for example, by denying access to international travel or to the international financial system).' Australia implements United Nations Security Council (UNSC) sanctions regimes and Australian autonomous sanctions regimes. Australia is obliged to implement UNSC sanctions regimes as a matter of international law. In addition, the Australian Government has decided to implement Australian autonomous sanctions regimes as a matter of Australian foreign policy. Australian autonomous sanctions regimes may supplement UNSC sanctions regimes, or be separate from them.

Australia currently implements the sanctions regimes: UNSC Sanctions:

  • Central African Republic
  • Counter-Terrorism
  • Democratic Republic of the Congo
  • Guinea-Bissau
  • Iraq
  • ISIL (Da’esh) and Al-Qaida + sanctions in relation to the protection of cultural heritage In Iraq and Syria
  • Lebanon
  • Mali
  • Somalia
  • South Sudan
  • Sudan
  • The Taliban
  • Yemen

Australian Autonomous Sanctions:

  • The Former Republic of Yugoslavia
  • Myanmar
  • Russia/Ukraine
  • Syria
  • Zimbabwe

Intersection of these two sanctions list:

  • North Korea
  • Iran
  • Lybia