Charter of the United Nations Act 1945 Listing Declaration (No. 3) 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     5 October 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. 3) 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 person and entities specified in Schedule 1 are a person and 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 person 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:                Jose Maria Sison

Address:                          Netherlands

Date of birth:                  1939

Place of birth:                  Ilocos Sur, Philippines

Citizenship:                     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:  In 1969 Sison founded the Central Committee of the Communist Party of the Philippines and he also served as Chairman. Sison also founded the Party’s military wing, the New People’s Army, in March 1969.

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:                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’.

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

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

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.