Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016
I, JULIE ISABEL BISHOP, Minister for Foreign Affairs, make this declaration under subsection 15A (2) of the Charter of the United Nations Act 1945.
Dated 4/10/2016
[SIGNED]
JULIE BISHOP
Minister for Foreign Affairs
1 Name of Declaration
This Declaration is the Charter of the United Nations Act 1945 Listing Declaration (No. 2) 2016.
2 Commencement
This Declaration commences upon signature.
3 Persons, entities and assets
For section 15A of the Charter of the United Nations Act 1945 (the Act), I am satisfied on reasonable grounds that the entities specified in Schedule 1 are entities mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001) and declare that each of their listings under section 15 of the Act continues to have effect.
Note 1: Under section 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Minister must be satisfied that the person or entity is mentioned in paragraph 1 (c) of Resolution 1373 (2001) of the Security Council of the United Nations.
Note 2: Under section 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Department of Foreign Affairs and Trade maintains a list of all persons, entities, assets and classes of assets currently listed under section 15 of the Act, and has published this list on the internet at www.dfat.gov.au/sanctions/consolidated-list.html.
Note 3: Additional information about the listing of persons and entities under section 15 of the Act is set out in Schedule 2.
Schedule 1
The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):
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.
Schedule 2
Request for statement of reasons
The Department of Foreign Affairs and Trade will provide a listed person or entity with an unclassified statement of reasons for his, her or its listing. Requests may be submitted in writing to:
Director, Legal
Sanctions Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to asset.freezing@dfat.gov.au.
Application for revocation of a listing
A listed person or entity may apply to the Minister for Foreign Affairs to have his, her or its listing revoked. The application must be in writing and set out the circumstances relied upon to justify the application. Applications may be submitted to:
The Minister for Foreign Affairs
C/o Director, Legal
Sanctions Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to asset.freezing@dfat.gov.au.
Application for sanctions permit to use or deal with frozen assets
The owner or holder of a frozen asset may apply for authorisation to use or deal with the asset in a specified way. The application must be in writing and specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Applications may be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System at https://sanctions.dfat.gov.au.
